Aurora residents who sued the city to stop an apartment complex near their gated golf course community have closed the case after reaching a deal with its developer.<\/p>\n
The Garrett Cos., an Indiana-based builder of apartment complexes, intends to turn a vacant 15-acre lot at East Aurora Parkway and South Quemoy Way in southeast Aurora into Echelon at Eagle Bend. The complex would have 260 units inside a dozen buildings.<\/p>\n
Just south of the proposed Echelon at Eagle Bend is the Heritage Eagle Bend subdivision, home to residents who signed a petition, testified before the Aurora Planning and Zoning Commission and, when those tactics failed, filed a lawsuit to stop the project.<\/p>\n
Sixteen residents sued Mayor Mike Coffman, the Aurora City Council, the planning commission and Garrett Cos. in Arapahoe County District Court on April 5. They asked a judge to overturn a unanimous vote by the city\u2019s planning commission approving the project.<\/p>\n
The complaint alleged that Echelon\u2019s buildings will be 54 feet tall, or four feet higher than zoning allows; will not meet open-space requirements; will include a 16-foot-high retaining wall that exceeds a 14-foot limit; and won\u2019t fit with the area\u2019s \u201cprairie style aesthetic.\u201d<\/p>\n
On Aug. 2, Judge Ben Leutwyler approved a confidential settlement that ends the case.<\/p>\n
\u201cThe settlement was purely monetary between the developer and the neighbors,\u201d said Ryan Luby, a City of Aurora spokesman who doesn\u2019t know how much cash changed hands. \u201cThe settlement does not impact the zoning approved by the Aurora City Council.\u201d<\/p>\n
\u201cNo comment,\u201d said Harry Brust, the lead plaintiff in the case. \u201cInformation is confidential.\u201d<\/p>\n
Eric Garrett, CEO of the Garrett Cos., said by phone Wednesday that he couldn\u2019t discuss the terms of the settlement, which he called \u201cmutually beneficial\u201d to all sides. He explained that such arrangements are \u201cnot uncommon\u201d for his company during housing projects.<\/p>\n
\u201cWe are going to be working hand-in-hand to continue to beautify not only the neighborhood but also our project,\u201d Garrett said of his company and nearby residents. \u201cI think it will minimize the impact that the neighbors felt they were going to have with the project originally.\u201d<\/p>\n
Construction is expected to begin in the next month or two, after a few final building permits are acquired, and last 20 months, according to Garrett. He said that the litigation did not delay work on the project but he wanted an agreement in place before building.<\/p>\n
Brust and other residents were represented by attorney Brett Payton with the Greeley law firm Coan Payton and Payne. He did not respond to requests to discuss the settlement.<\/p>\n
The Garrett Companies were represented by Chip Schoneberger and Andrew Demers with the law firm Foster Graham Milstein & Calisher in Denver. Aurora\u2019s lawyers were Julia Bannon and Brian Rulla with the City Attorney\u2019s Office.<\/p>\n