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PZC Packet 050515A Avon COLORADO PLANNING AND ZONING COMMISSION MEMORANDUM To: Planning and Zoning Commission From: Matt Plelsticker, Planning Manager Date: April 30, 2015 Agenda Topic: Lot 12 Block 4 Wildridge - Followup to Conditions of Approval The Planning Commission Approved the design of a Single -Family home, the Bell Residence, at the April 7, 2015 meeting. The Major Development Plan was approved with conditions, and the job is now under construction. The purpose of the review on May 5, 2015 is to follow-up to the conditions of approval. When the Major Development Plan was approved, the following conditions were added: 1. TheCfinalM:olorMDfOASED-etainingDlvallsDNillCbeEbroughtEbackEtoipZCgforMpprovaillndEtheO shotcrete5valls[kolor[EslloCRnatchllhe[MSENvatilkolor.F?1 z. A[YeviseddandscapeEplan5villEbellubmittedMvithEtreesMndllhrubs[IncorporatedEbelowaheE MSECRetaining3valls.IfThis[blanSvililbeleviewedlby[PZC.0 Attached to this Memorandum are photographs of the proposed MSE retaining walls and a revised landscape plan. The applicant will bring a physical sample to the meeting. The landscape plan adds pine trees and sage to the areas below the MSE walls. Staff will ask that the Commission take action on these two revisions at the meeting. PAGE 1OF1 Bell Residence - Conditions of Approval May 5, 2015 PZC Meeting 41 V", At y' L. 1-' AL t R - coMPAC � I01a SPLT �+ c ;r •� It_ ' COMPAC STONE SP! t �. WS SIERRA RLE. f t F I 4e COMPAC STONE SPLT - WS9}S9 T� x % � a .s 1. G it 0 NAN, M"Nal mut, Wall ll 1 ill "Lining nal all 1f Plant Sche 'hear K_.. Lot 11 'itya\ \ rmr°*Limit of Disturbance h ove �'fR°`"`. � n Limit of Tisturboll _—nrd,, - I or y pN �,G \. Santiago O m �! _ PIM m. 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Planting/Lighting Plan 0 a 0 �o.axem.� ,oxr m m ewoa h 4gin,1 in 0/�6eA���: G V y(�/I OndeTm c.m maa " a \\ \ Limit of Demmbans J I \ s 'L \ �^ xmn.l w \ \ �„anw s xi final A^ee.mme a no 0 A V I \ \ V �- rv; 1ni w�,mms.®a.�m w ... rental u ss \ �nausecausNo Ceonata mme a fa * kn :1 weneioere bmswn v es .0 ab O afr. a xre s f a # aoes».ea a ry no m s _FAn a n.ueemrw..nn.Frotandah Partial Ile I 01+nm.rmexPo. n,..wel a ss =..,,.. r ran� A Oo..naerwm.,., sw. wrwR, i es _ _ - '•3a. :',"- norK w.<ax raw Freer. sc.. o a llN _ _. 0 wl c..l u„mMatch Exurne Coornes ano,a.e.aa,ea a I'M all al"I'lon4all U -- \ q o all �. 4J< u: ,a �a ayM �s r TOA C I is U NO is s �j V/ M _ � R r^ R got Py 4J< u: L1 Of: ane r s C C'; U NO s �j V/ M _ � R r^ R got L1 Of: ane ry C C'; NO s �j V/ M got Py L1 Of: ane A Staff Report: Av n COLO NA9O Case #MJR15006 Major Development Plan & Design Review May 5, 2015 Planning & Zoning Commission Meeting Project type Major Design & Development Plan MJR15006 Public Hearing Q Required ❑ Not Required Legal Description Lot 37, Block 3, Wildridge Subdivision Zoning Planned Unit Development (PUD) Address 4570 Flat Point, Avon CO 81620 Prepared By Brian Garner, Town Planner Staff Report Overview This staff report contains one application for consideration by the PZC: 1. Major Development Plan with Design Review for a proposed new duplex residence in Wildridge. Application Purposes 7.16.80 Development Plan The purpose of the Development Plan review process is to ensure compliance with the development and design standards and provisions of this Development Code. It is designed to encourage quality development reflective of the goals, policies and objectives of the Comprehensive Plan. 7.16.90 Design Review The purpose of the design review process is to ensure compliance with the development and design standards of the Development Code prior to the issuance of a building permit or concurrent with other required permits and to encourage quality development reflective of the goals and objectives of the Avon Comprehensive Plan. Summary of Request Representing the property owner, 4570 Flat Point, LLC is Bobby Ladd of RAL Architects (Applicant). The applicant has submitted a Major Design and Development application for one (1) new duplex residence on Lot 37, Block 3 of the Wildridge Subdivision, also described as 4570 Flat Point (the Property). The proposed project is a two-level walkout ranch -style duplex residence consisting of an attached 2 -car garage for each unit and a total livable area of 8,484 combined square feet. The maximum proposed ridge height is thirty-four feet (34% 3"). The building footprint site coverage is 6,968 square feet. May 5, 2015 Planning and Zoning Commission Meeting Page 11 457o Flat Point - Lot 37, Block 3, Wildridge Subdivision / Major Design & Development Public Notice Notice of the public hearing was published in the April 24, 2015 edition of the Vail Daily in accordance with Sec. 7.16.020(d) of the Avon Development Code. Mailed notice is not required for this application type. Background & Property Description The property size of Lot 37 is 1.12 acres or precisely 48,787 square feet, and is located on the south side of flat point just before the cul-de-sac at the west end. The lot is accessed by the Flat Point right-of-way and being a flag lot, is accessed via a 30' strip of land before opening up to thedevelopable portion of the property. Aerial view of Lot S /, Block .5 - 4 -)IOP tat Point R 1 1 LOT 3 7 x , • x ' . ~' 1 M 7� /4' ..^i s' � • t" � ttd „ # ''[[`mo`�i. M � i* � �� ` ,c J ]f Ir PoL P ii sy . - 'tea _ - g Y •.', [. R* _ "s Fes. � i. �y �'..h♦ f # Y Y -L It' M. Planning Analysis Allowed Use and Density: The Property is zoned Planned Unit Development (PUD) and is located in the Wildridge Subdivision. Lot 37 was platted in its current form from the original Wildridge subdivision plat in 1979 and has development rights for one duplex or one single- family. Lot Coverage, Setback and Easements: The applicant is proposing twenty-three percent (23%) lot coverage, which complies with the maximum fifty percent (50%) allowed by zoning. This May 5, 2015 Planning and Zoning Commission Meeting Page 12 457o Flat Point - Lot 37, Block 3, Wildridge Subdivision / Major Design & Development represents all impervious surfaces compared to the total area of the Property, excluding the areas rendered undevelopable including utility easements and steep grades. The proposed structure is in compliance with the setbacks and easements. Lot 37 Setbacks 25 -foot front yard 0 -foot common (when replatted) 10 -foot side 10 -foot rear Lot 37 has the Wildridge standard seven and one-half foot (7.5') drainage & utility easements on the side property lines; a ten foot (10') utility & drainage easement on the rear property line; and a ten foot (10') slope, maintenance, drainage & snow storage easement on the front property line. The application is compliant with the applicable requirements. Building Height: The maximum building height permitted for this property is thirty-five feet (35'). The applicant is proposing a maximum building height of thirty-four feet and three -inches (34'- 4") according to the development plans. An Improvement Location Certificate (ILC) is required during construction to verify compliance at foundation and framing inspections. Parking: The parking requirement is three (3) parking spaces per unit for units over 2,500 square feet. The Applicant is proposing two (2) garage spaces and two (2) driveway spaces for each side of the duplex. Outdoor Lighting: The Applicant is proposing to use dark -sky -compliant lighting fixtures exclusively for outdoor applications that will be compliant with the Dark Sky Ordinance and is a bronze color meeting the regulations. A cut sheet is attached for review. Snow Storage: The total combined driveway area for the Lot 37 driveway and comprise 5,192 square feet of surface area requiring 1,039 square feet of snow storage. The Applicant is proposing 1,402 square feet of snow storage for the area. Snow storage is proposed in three different locations along the perimeter of both sides of the driveway leading to the duplex. The snow storage areas are practical and exceed the minimum requirement of twenty percent (20%) of the driveway area. According to the applicant, a "driveway maintenance, access and slope stability easement agreement" is to be executed concurrent with the property subdivision. Design Standards Analysis Landscaping: The proposed landscape plan meets the minimum landscape area requirements, maximum irrigation area requirements, and total landscape unit calculation as required by the Development Code. The landscape is proposed to consist of natural grass areas temporarily irrigated until established. Additional plantings include the use of deciduous and evergreen trees, shrubs. Irrigation: Due to the southwest -facing site orientation and high degree of solar penetration, the applicant is proposing permanent drip irrigation for all trees and shrubs shown on the landscape May 5, 2015 Planning and Zoning Commission Meeting Page 13 457o Flat Point - Lot 37, Block 3, Wildridge Subdivision / Major Design & Development plan. Of the 37,534 square foot landscape area, 94% is proposed to remain native with 6% total irrigated area, less than the 20% maximum allowed. §7.28.050(e) requires that the development provide 244 Landscape Units based on the 12,197 SF of total landscaped area. The applicant is proposing 755 Landscape Units and 2,283 SF of irrigated area. Therefore, the Application meets the 20% minimum requirements for landscaped area, 20% maximum irrigated area, and awarded landscape units. Building Design, Building Materials and Colors: The primary exterior building materials and colors being proposed are included in the attached application materials. The materials and colors proposed were reviewed for conformance with Sec. 7.28.090(d) Generally applicable Residential Design Standards and 7.28.090(e) Design Standards for the Wildridge Subdivision and determined to be compliant with all applicable design standards. The proposed stucco color "Foggy Day" has a Light Reflective Value (LRV) of fifty-two (52), where a maximum of 60 is allowed. Roof Material and Pitch: The roof material and pitch were reviewed for compliance with Sec. 7.28.090(d)(3) Roofs. The applicant is proposing to use asphalt shingles for all primary roofing, and flat panel corten roofing for some of the secondary roofs. The primary roof forms consist of roofs with a minimum four -to -twelve (4:12) pitch and a maximum six -to -twelve (6:12) pitch which is compliant with the minimum (4:12) and maximum (12:12) allowed by the Development Code. Design Standards for the Wildridge Subdivision. This section of the Avon Development Code is included for PZC review of the Wildridge- specific design standards in order to determine whether the application meets the intent and requirements of the code. It should be noted that some design standards are requirements where the word "shall" is used and other design standards are guidelines where the word "should" is used. Intent: To preserve and enhance the aesthetic qualities of the natural hillsides by designing projects which relate to the slope of the land and minimize the amount of project grading; and To promote development which is visually compatible with the natural topography of the surrounding area. Building Height on Steep Slopes. Determining building height on steep slopes has frequently resulted in three-story walls on the downhill side that create an overbearing presence on properties below. Therefore, the visual impact of building height and massing on lots with steep slopes shall be reduced by articulating the building facades and creating proportional stories in a multi -story building. Building height will be reduced for buildings or portions of buildings with flat roofs as follows: • Four -to -twelve (4:12) roof slopes or greater: thirty-five (35) feet. • Less than a four -to -twelve (4:12) roof slope: thirty (30) feet. Building Design: Buildings shall have street facing architectural details and elements which provide a human scale to the facade. Flat, monotonous facades shall be avoided. May 5, 2015 Planning and Zoning Commission Meeting Page 14 457o Flat Point - Lot 37, Block 3, Wildridge Subdivision / Major Design & Development The design of a structure shall create variety and interest along the street elevation. A significant alteration of the massing and composition (not just the exterior colors and materials) of each house or each townhouse or duplex unit must be accomplished. The use of architectural features that increase visual prominence should be avoided. Massive, tall elements, such as two-story entries, turrets and large chimneys, should be avoided. Such elements on the downhill face of the structure are of particular concern. Staff Response: Lot 37 has an unusual configuration in that it is a flag lot, placing the proposed duplex away from right-of-way where the intent of street -facing design standards would normally be applied. Nevertheless, the structure will be visible and the proposed design and orientation of the duplex is visually compatible with the topography as much as possible given the steep topography of the site. The front of the residence will face the rear of the adjacent duplex (to the north) due to the existing orientation of the lot, so the single -story appearance from the front does help minimize the massing when viewed from uphill properties. The rear of the duplex is on the downhill side and is less impactful to adjacent properties downhill from Lot 37. The downhill side is a two story elevation with horizontal articulation, meeting the design standards. Lastly, the design incorporates 4 -sided architecture so that the residence is aesthetically pleasing when viewed from adjacent properties and public rights-of-way. Planning & Zoning Commission Decision Major Development Plan & Design Review - Review Criteria 7.1� 6.080(1), Development Plan (1) Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; Staff Response: The proposal is in compliance with the purpose provisions outlined in the Development Code. Specifically, the design compliments the design and form of the other structures in the vicinity. Section 7.04.030(1) of the development code contains language to promoting "architectural design which is compatible, functional, practical and complimentary to Avon's sub -alpine environment." (2) Evidence of substantial compliance with §7.16.090, Design Review. Staff Response: Staff finds this Major Design and Development Plan application in compliance with the Design Review criteria in the Development Code. The Design Review section seeks quality development and structures that are visually harmonious with their site and surrounding vicinity. Conformance with this code section is discussed below in response to the Design Review criteria. (3) Consistency with the Avon Comprehensive Plan; Staff Response: The site is located in the Wildridge Residential District (District 24) in the Comprehensive Plan. The Wildridge Residential District includes principles that encourage structures be compatible with one another and in harmony with the natural surroundings. This Application proposes architectural massing, materials, colors, design and landscape that are consistent with the Goals and Policies contained in the Comprehensive Plan. May 5, 2015 Planning and Zoning Commission Meeting Page 15 457o Flat Point - Lot 37, Block 3, Wildridge Subdivision / Major Design & Development (4) Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; Staff Response: The application is in conformance with the accompanying requirements of the PUD zoning and recorded Wildridge subdivision plat. (5) Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; and Staff Response: In addition to the above -referenced provisions of the Development Code, the property is subject to the Wildridge PUD standards. The analysis contained in this staff report ascertains that the proposed development is consistent with the applicable Development Code and Wildridge PUD standards. (6) That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection, and emergency medical services. Staff Response: The Applicant has demonstrated that the proposed development can be served by all city and special district services in the area. There is no change in adequate water rights for the property since Lot 37 was originally entitled for two (2) dwelling units and two (2) dwelling units are proposed to be constructed. §7.16.090(fl, Design Review (1) The design relates the development to the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole; Staff Response: The proposed architecture, materials, color palette and landscape is similar in character to other duplex and single-family homes in the neighborhood which feature wood siding, stone wainscot and earth tone colors. Additionally, the landscaping is proposed to consist of a mix of evergreen and deciduous native to the area which is common throughout the neighborhood. (2) The design meets the development and design standards established in this Development Code; and Staff Response: The design is compliant with the development and design standards contained in the Development Code as determined by the above analysis. (3) The design reflects the long range goals and design criteria from the Avon Comprehensive Plan and other applicable, adopted plan documents. Staff Response: Applicable adopted plans include the Avon Comprehensive Plan and Wildridge-specific provisions of the Development Code. The design has been evaluated for conformance with these plans and staff has determined the proposed design meets the requirements as proposed. May 5, 2015 Planning and Zoning Commission Meeting Page 16 457o Flat Point - Lot 37, Block 3, Wildridge Subdivision / Major Design & Development Staff Recommendation for MJR15006 Major Design & Development Plan: Staff recommends approving the Major Design and Development application for Lot 37, Block 3, Wildridge Subdivision with the following finding: • The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, and §7.16.090(f), Design Review, and was determined to be compliant with the review criteria. Recommended Motion: I move to approve Case #MJR15006, an application for Major Design and Development Plan for Lot 37, Block 3, Wildridge Subdivision. Potential Additional Findings Should PZC Approve the Application: 1. The design meets the development and design standards established in the Avon Development Code. 2. The design relates the development to the character of the surrounding community. 3. The design reflects the long range goals and design criteria from the Avon Comprehensive Plan. Attachments A. Lighting Cut Sheet B. Design & Development Plans May 5, 2015 Planning and Zoning Commission Meeting Page 17 457o Flat Point - Lot 37, Block 3, Wildridge Subdivision / Major Design & Development HINKLEY&R. HINKLEY LIGHTING, INC. 33000 PIN OAK PARKWAY I AVON LAKE, OHIO 44012 [PH] 440.653.5500 [F) 440.653.5555 HINKLEYLIGHTING.COM I FREDRICKRAMOND.COM ARIA 2300KZ-GU24 BUCKEYE BRONZE WIDTH: 5.0" HEIGHT: 15.5" MATERIAL: ALUMINUM BACKPLATE WIDTH: 4.5" BACKPLATE HEIGHT: 8.3" SOCKET: 1-18W GU24 *NOT INCLUDED DARK SKY: YES EXTENSION: 6.8" TTO: 5.0" CERTIFICATION: C -US WET RATED VOLTAGE: 120V UPC: 640665230079 AT HINKLEY, WE EMBRACE THE DESIGN PHILOSOPHY THAT YOU CAN MERGE TOGETHER THE LIGHTING, FURNITURE, ART„ COLORS AND ACCESSORIES YOU LOVE INTO A BEAUTIFUL ENVIRONMENT THAT DEFINES YOUR OWN PERSONAL STYLE. WE HOPE YOU WILL BE INSPIRED BY OUR COMMITMENT TO KEEP YOUR `LIFE AGLOW.' life AG LOW" ■ Q] C C G 6 a ■ Q] C C G 6 a ■ Q] C C G 6 a ■ Q] C C G 6 a ■ Q] C C G 6 a ■ Q] C C G 6 a ■ Q] C C G 6 a ■ Q] C C G 6 a STUCCO 619 FOGGY DAY r ArAitects, inc Architecture • Planning • Interior Design ROOF SHINGLES TIMBERLINE HD - WEATHERED WOOD WOOD SIDING SHERWIN WILLIAMS MOUNTAIN ASH METAL ROOF FLAT PANEL CORTEN WOOD TIMBERS SHERWIN WILLAIMS HILL COUNTRY STONE STONE WHOLESALE OLD WORLD DECK SHERWIN WILLIAMS HARBOR MIST 4570 FLAT POINT DUPLEX RESIDENCE LOT 37, BLOCK 3 WILDRIDGE, AVON, COLORADO FRONT ELEVATION D RIGHT SIDE ELEVATION REAR ELEVATION IliiYV9 Y' iili�IlY 0 iYB , il li i PARTIAL LEFT SIDE ELEVATION t1 A Avon COLORADO Pi PLANNING & ZONING COMMISSION MEMORANDUM To: Planning and Zoning Commission From: Matt Pielsticker, Planning Manager Date: April 30, 2015 Agenda Topic: PZC Orientation Summary An orientation is commonly the first step to ensuring all Commissioners have the background information needed to assist in your advisory and decision-making roles. The topics listed below are intended to begin the conversation with you of how best to help you carry out your duties and responsibilities. Please feel welcome to expand upon or add items during the work session. If discussion is not completed on May Stn additional sessions will be scheduled. Introductions Backgrounds Goals as a PZC Member Roles a_nd_Respco_s_ibi_lities Review Rules of Procedure (April 2013) Role of the Chairperson, Commissioners, Staff Interaction with Council Regular Meeting Practices Packet Distribution & Materials Food Meeting room Format Expectations of Staff Public Comment and Conduct 2015-16 Work Plan Items Comprehensive Plan Update Community Survey Multi -Modal Parking and Transportation Walkability Tract G Space Planning Police/Fire Joint Public Facility Code Amendments (i.e. Sign Code, yearly cleanup) Attachment PZC Rules of Procedure PAGE 1OF1 C 0 L 0 R A D 0 Planning and Zoning Commission Rules of Procedure April 2013 1 1 P a g e Planning and Zoning Commission Rules of Procedure (April 2013) Table IMEontents M 1. Authority For Adoption......................................................................................................................... 4 2. Applicability...........................................................................................................................................4 3. Definitions.............................................................................................................................................4 4. Other Laws............................................................................................................................................4 5. Regular Meetings..................................................................................................................................4 (a) Date, Time and Place of Regular Meetings......................................................................................4 (b) Notice of Regular Meetings.............................................................................................................4 6. Special Meetings...................................................................................................................................5 7. Continued Meetings.............................................................................................................................. 5 8. Cancellation of Meeting........................................................................................................................ 5 9. Applicability of Colorado Open Meetings Law...................................................................................... 5 10. Electronic Record/Minutes............................................................................................................... 5 11. Director.............................................................................................................................................5 12. Agenda and Meeting Materials........................................................................................................ 5 (a) Proposed Agenda............................................................................................................................. 5 (b) Meeting Packets............................................................................................................................... 6 13. Officers.............................................................................................................................................. 6 14. Conduct of Commission Members.................................................................................................... 6 (a) Conformity With Town Code of Ethics............................................................................................. 6 (b) Ex Parte Contacts............................................................................................................................. 7 15. Conflicts of Interest........................................................................................................................... 7 16. Expressions of Bias, Prejudice, or Individual Opinion Prior to Hearing and Determination.............7 17. Action by the Commission................................................................................................................ 7 (a) Action By Motion.............................................................................. Error! Mookmarknhot[defined. (b) Who May Make A Motion................................................................. Error !MookmarkUhot[defined. (c) Second Required............................................................................... Erro0mookmarknhot1defined. (d) One Motion at a Time....................................................................... Error! [Bookmark[hotndefined. (e) Amending a Motion.......................................................................... Error lMookmarknhot[gefined. (f) Rescind or Withdrawal of an Approved Motion ............................... Error! MookmarkBhot[defined. 18. Voting................................................................................................................................................9 (a) Who May Vote.................................................................................................................................9 21Page Planning and Zoning Commission Rules of Procedure (April 2013) 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. (b) Adoption by Majority Vote.............................................................................................................. 9 (c) Duty to Vote.....................................................................................................................................9 Debate............................................................................................................................................... 9 ExecutiveSessions.............................................................................................................................9 SiteVisits.........................................................................................................................................10 General Provisions Governing Public Hearings............................................................................... 10 (a) Part of Meeting.............................................................................................................................. 10 (b) Representation.............................................................................................................................. 10 (c) Testimony Under Oath Not Required............................................................................................10 (d) Right To Present Evidence And Cross -Examine Witnesses............................................................10 (e) Rules Of Evidence...........................................................................................................................10 (f) Objections......................................................................................................................................10 (g) Burden Of Proof............................................................................................................................. 10 (h) Limitation of Evidence................................................................................................................... 11 (i) Order of Debate............................................................................................................................. 11 (j) Commission and Staff's Remarks...................................................................................................11 (k) Applicant (and Others) Questioned...............................................................................................11 ConsentAgenda.............................................................................................................................. 11 Regular Application Items (Non -Public Hearings)...........................................................................12 Regular Application Items (Public Hearings)...................................................................................12 Continuance of Hearing.................................................................................................................. 13 Audio -Tape of Public Hearing......................................................................................................... 13 Record of the Public Hearing.......................................................................................................... 13 Reopeningof a Public Hearing........................................................................................................ 14 Decisions By Commission................................................................................................................ 14 Execution of Documents................................................................................................................. 14 Suspensionof the Rules.................................................................................................................. 14 Amendmentof the Rules................................................................................................................14 Reference to Robert's Rules of Order ................................................ Error! [Bookmarknhot1wefined. Effectof Adoption of Rules............................................................................................................. 14 3 1 P a g e Planning and Zoning Commission Rules of Procedure (April 2013) 1. Authority For Adoption These Rules of Procedure are adopted pursuant to the authority granted to the Town of Avon Planning and Zoning Commission by §7.12.040(l) of the Avon Municipal Code. i. Applicability These Rules of Procedure shall apply to all meetings of the Town of Avon's Planning and Zoning Commission. These Rules of Procedure are intended to supplement and be superseded by the codified Rules listed in §7.16.040, Planninpndlyoning commission, of the Avon Municipal Code.rq 3. Definitions Rules means these Rules of Procedure, as amended from time to time. Commission means the Town of Avon's Planning and Zoning Commission and also defined as PZC. Director means the Community Development Director of the Town of Avon, or such person's designee. PresidingODf ficer means the Chair, or to the Vice -Chair or Temporary Chair when acting in the absence of the Chair. 4. Other Laws These Rules must be read in conjunction with the Town of Avon's Development Code, as well as all applicable Town, state or federal laws, rules or regulations. In the event of a conflict between these Rules and provision in the Town's Home Rule Charter, any ordinance or statute, the Home Rule Charter, ordinance or statute shall control. 5. Regular Meetings (a) Date, Time and Place of Regular Meetings The Commission shall hold regular meetings on the first and third Tuesdays of each month, except that if a regular meeting day is a legal holiday, the meeting may be rescheduled or cancelled at the discretion of the Commission. All regular meetings of the Commission shall be held in the Town Council Chambers of the Avon Municipal Building, One Lake Street, Avon, Colorado, unless the Commission shall otherwise order. Each regular meeting of the Commission shall begin at 5:00 P.M., unless otherwise provided in the notice of the meeting. At the discretion of the Director an application may be scheduled out of the normal order of business if it involves a matter of substantial public interest, or if the Director determines that good cause exists to vary the normal order of business. Further, by general consent of the Commission, items may be considered out of order. (b) Notice of Regular Meetings Notice of each regular meeting shall be posted by the Director in Town Hall and i additional public locations as designated by the Director not less than 24 hours prior to the holding of the meeting. The meeting notice shall include specific agenda information where possible. 41Page Planning and Zoning Commission Rules of Procedure (April 2013) 6. Special Meetings Special meetings of the Commission shall be called by the Director on the written request of the Chair, the Vice -Chair in the absence of the Chair, or on the written request of any four (4) members of the Commission. A special meeting may also be called or scheduled by vote of the Commission in open session during another duly called meeting. Notice of a special meeting shall be posted in accordance with Section 5(b). The notice shall set forth the date, hour, place and purpose of such meeting. No business shall be conducted at a special meeting of the Commission unless the same has been stated in the notice of such meeting; except that any business which may lawfully come before a regular meeting of the Commission may be transacted at a special meeting if all members of the Commission are present and consent thereto. 7. Continued Meetings A properly called regular or special meeting may be continued to a date, time and place certain by motion made and adopted in open session during the regular or special meeting. The motion shall state the date, time and place when the meeting will reconvene. Additional notice is not required for any continued meeting, business item and/or public hearing which has been continued in accordance with this Section 7. 8. Cancellation of Meeting If: (i) no business is scheduled before the Commission; (ii) it is apparent that a quorum will not be available; or, (iii) the scheduled date for any Commission member is a legal holiday, then a meeting may be cancelled by the Chair or the Director by giving notice to all members prior to the time set for such meeting. Notice of cancellation of a meeting may be given by telephone, electronically (email), fax, in person, or by first class mail. If no quorum is present at the meeting, the Director shall cancel the meeting and all items scheduled to be heard shall be rescheduled by the staff. g. Applicability of Colorado Open Meetings Law All meetings of the Commission shall be subject to the provisions of the Colorado Open Meetings Law (Colorado Sunshine Law) set forth in C.R.S. §24-6-4ol et.C&eq.. io. Electronic Record/Minutes The Commission shall keep an electronic record of its meetings in accordance with the Town's public record retention schedule. A copy of the electronic record shall be made available to any party in accordance with the Town's public record request policies. ». Director The Director shall designate a person or persons to provide the necessary recording services for the Commission. The Director shall be responsible for the giving of all required notice of Commission public hearings and actions under the Development Code or Subdivision Standards. 12. Agenda and Meeting Materials (a) Proposed Agenda 51Page Planning and Zoning Commission Rules of Procedure (April 2013) The Director shall set forth the agenda for each meeting. The Director may consult the Chair for input when formulating the agenda. The proposed agenda should generally be consistent with the Order of Business as follows: Call to Order Roll call Amendments to the Agenda Conflicts of Interest Disclosure Consent Agenda Regular Agenda Items (Public Hearings) Regular Agenda Items (Non -Public Hearings) Approval of Meeting Minutes Adjournment At the discretion of the Director, an application may be scheduled out of the normal order of business if it involves a matter of substantial public interest, or if the Director determines that good cause exists to vary the normal order of business. Further, by general consent of the Commission, during the Amendments to the Agenda portion of the meeting items may be considered out of order. (b) Meeting Packets Meeting Packets should be provided to the Commission not later than 48 hours prior to the meeting. The meeting packets shall include the proposed agenda and meeting materials for each agenda item. The meeting materials for each agenda item should generally include a staff summary as well as accompanying information. 13. Officers Pursuant to Section 7.12.0400), Officers, the PZC shall select its own chairperson, a vice chairperson and a secretary from among its members. This selection shall occur on a yearly basis immediately after the appointment of new members or re -appointment of existing members to the Commission. The Chair shall preside at all Commission meetings if he or she is present. The Chair may vote in all cases. In order to address the Commission, a member must be recognized by the Chair. If the Chair is absent, the Vice -Chair shall preside. If both the Chair and Vice -Chair are absent, another member designated by vote of the Commission shall preside as Temporary Chair. The Vice -Chair or Temporary Chair retains all of his or her rights as a member, including the right to make motions and the right to vote. The Presiding Officer shall maintain order and decorum, and to that end may order removal of disorderly or disruptive persons. 14. Conduct of Commission Members (a) Conformity With Town Code of Ethics The conduct of Commission members shall at all times conform with the requirements of the Town of Avon Code of Ethics (Chapter 2.3o, AMC) 6 1 P a g e Planning and Zoning Commission Rules of Procedure (April 2013) (b) Ex Parte Contacts (1) Each member of the Commission shall comply with the requirements regarding Ex Parte Contacts as set forth in Exhibit A. 15. Conflicts of Interest The topic of conflicts of interest of Commission members is specifically dealt with in the Town's Code of Ethics, specifically §2.30.o6o, Conflictlbfi3nterest. 16. Expressions of Bias, Prejudice, or Individual Opinion Prior to Hearing and Determination No member of the Commission shall express any bias, prejudice, or individual opinion on the proper outcome of a matter prior to conducting a hearing. 17. Action by the Commission All official PZC actions are initiated by motion. These following rules and procedures apply to motions. There are two basic motions: action motions and procedural motions. Only one action motion may be on the floor at a time. A procedural motion may be proposed, discussed and acted upon when an action motion is on the floor or at any other time. (a) Basic Motion: The basic motion to take action is stated as, "I move to ...." Every motion requires a second. Once a motion is made no further discussion can continue until a second is made to support the motion. (b) Discussion: All PZC members have the right to discuss the motion on the floor. Discussion cannot be concluded unless (1) all PZC members present consent or (2) a majority of PZC members present approve a procedural motion to "Call the Question" and end debate. (c) Withdraw a Motion: The maker of a motion may choose to withdraw the motion at any time prior to the vote on the motion and may interrupt a speaker to withdraw the motion and consent of the PZC member who seconded the motion is not required. The motion is immediately withdrawn; however, the Presiding Officer may ask the PZC member who seconded the withdrawn motion and any other PZC member if such PZC member wishes to make the motion. (d) Amendment to Motion: Any PZC member may request an amendment to a pending motion. The maker of the pending motion and PZC member who seconded the motion must consent to the proposed amendment. Any PZC member may also propose a substitute motion to a pending motion which also requires consent of the maker of the pending motion and the PZC member who seconded the pending motion. (e) Procedural Motion: A procedural motion may be made at any time and may impose or modify any procedural rule provided that such procedure is not in conflict with the Avon Home Rule Charter, any ordinance adopted by the Town, or any applicable state law. Procedural motions require a majority vote of the quorum present. 7 1 P a g e Planning and Zoning Commission Rules of Procedure (April 2013) (f) Motion to Call the Question or End the Discussion: A motion to "call the question" or a motion to end the discussion is a procedural motion to end debate and discussion. A motion to call the question or end the discussion cannot be made until each PZC member has had at least one reasonable opportunity to ask questions and discuss the matter. Once a motion to call the question or to end the discussion is made and seconded, it shall be the Presiding Officer's discretion to allow any further discussion on such procedural motion for the purpose of clarifying any technical, procedural or legal issue related to the procedural motion. A motion to call the question requires a majority vote of the quorum present. Once a motion to call the question is approved, the pending action motion on the floor must be voted upon promptly or, if no action motion is pending, the Presiding Officer shall proceed to the next agenda item. (g) Motion to Continue: A motion to continue an agenda item must include a specific future PZC meeting date for the continued matter to be considered again. Generally, a noticed public hearing is not required to be "re -noticed" for public hearings which are continued to a specific date, time, and place. (h) Motion to Table: A motion to table places the agenda item on hold and does not require a specific time for the return of the agenda item. (i) A Motion to Reconsider: A motion to reconsider allows the PZC to reconsider a vote on a matter. A motion to reconsider may only be made in the following circumstances: (1) at the meeting in which the motion to be proposed for reconsideration was made, (i) at the next regular meeting after the meeting in which the motion to be proposed for reconsideration was made, or (3) the motion for reconsideration is based on new information not available at the time the original motion was acted upon. Furthermore, a motion to reconsider may only be made by a member of PZC who voted in the majority on the motion which is proposed for reconsideration. (j) Point of Privilege: A PZC member may interrupt the speaker to raise a matter related to the comfort of the meeting, such as room temperature, distractions, or ability to hearspeaker. (k) Point of Order: A PZC member may raise a Point of Order at any time that the Presiding Officer permits meeting conduct which does not follow these Rules or otherwise fails to maintain civility and decorum by the PZC and the general public. (1) Appeal: A PZC member may move to appeal the ruling of the Presiding Officer on any procedural matter or other decision related to the conduct of the meeting. If the motion is seconded and, after debate, it such motion passes by a simple majority vote of the quorum present, then the ruling or conduct of the Presiding Officer shall be overruled and reversed. (m)Call for Orders of the Day: A PZC member may call for Orders of the Day when such PZC member believes that PZC discussion has strayed from the agenda. No second or 8 1 P a g e Planning and Zoning Commission Rules of Procedure (April 2013) vote is required. If the Presiding Officer does not return to the agenda, then such ruling may be appealed. (n) Adjournment: The Presiding Officer may announce the meeting adjourned when there are no further items on the agenda which have not been addressed. The PZC may adjourn a meeting at any time by motion, second and approval by a majority of the quorum present. 18. Voting (a) Who May Vote Except as provided in Section 15, with respect to a member who has a conflict of interest, each member of the Commission, including the Presiding Officer, must vote on any motion. (b) Adoption by Majority Vote A motion shall be adopted by a majority of the votes cast when a quorum is present. A majority is more than half. (c) Duty to Vote Every member of the Commission must vote unless excused by a majority vote of the remaining members of the Commission. The types of vote are limited to: (1) Yes; (2) No; and, (3) Abstain. ig. Debate The Presiding Officer shall state the motion and then open the floor to debate. The Presiding Officer shall preside over the debate according to the following general principles: 1. The maker of the motion is entitled to speak first; 2. A member who has not spoken on the issue shall be recognized before someone who has already spoken. At their discretion, the Presiding Officer may alter the order of the debate or allow members to further comment during the debate. It is the Presiding Officer's duty to allow any member of the Commission to comment or debate if that member wishes to be heard. zo. Executive Sessions PZC may convene into executive session at any time by the affirmative vote of z/3rds of the quorum present and by announcing the specific statutory citation and purpose of the executive session in accordance with the Colorado Open Meetings Law, CRS §24-6-402(4). The PZC is not permitted to take official, final action on any matter in executive session. PZC shall comply with the requirements of Exhibit A concerning executive sessions. 91Page Planning and Zoning Commission Rules of Procedure (April 2013) 21. Site Visits Each commissioner should visit sites of proposed developments prior to attending a meeting, as a helpful way to gather relevant facts concerning the proposed development. A site visit often leads to a better understanding of a proposed development and, therefore, enhances the ability of the Commission to make appropriate decisions concerning the development of the site. The Commission, as a whole, may schedule and conduct a site visit when requested to do so by the applicant, the staff, the general public, or on its own initiative. In connection with any site visit conducted by the Commission, the applicant shall be notified not less than 48 hours in advance and given an opportunity to attend and participate in the site visit. A site visit shall be noticed by the Director as a public meeting of the Commission. However, a site visit is not a public hearing. Members of the public shall be permitted to attend the site visit to listen to the questions and comments of the staff, the applicant and the Commission, but only at the discretion of the Presiding Officer does the public have the right to ask questions of the staff, the applicant or the Commission members. Commission members shall avoid engaging in improper ex parte contacts during a site visit. No minutes of a site visit shall be kept by the Director, although the minutes of the Commission should reflect that a site visit was conducted. 22. General Provisions Governing Public Hearings (a) Part of Meeting A public hearing is considered to be part of a regular or special meeting of the Commission. (b) Representation At any hearing, any person may appear or be represented by authorized agents or attorneys at their own expense. Any person who appears before the Commission at any hearing shall be required to state the name(s) and address(es) of all persons whom he or she has been authorized to represent at the hearing. (c) Testimony Under Oath Not Required Testimony offered at a hearing before the Commission shall not be required to be given under oath or affirmation. (d) Right To Present Evidence And Cross -Examine Witnesses At a hearing held before the Commission, each party shall have the right to present such evidence as may be relevant, and to cross-examine all witnesses. (e) Rules Of Evidence The strict rules of evidence shall not apply to a hearing held before the Commission. (f) Objections Objections by the Applicant to submitted evidence shall be stated orally for the record. Any objection not made in a timely and proper fashion shall not be recognized. (g) Burden Of Proof ioIPabe. Planning and Zoning Commission Rules of Procedure (April 2013) The burden of proof shall be on an applicant to prove compliance with the applicable requirements of the Development Code, Subdivision Standards, or other applicable law by a preponderance of the evidence. Preponderancelb fthe1vidence means to prove that something is more probably true than not. (h) Limitation of Evidence The Presiding Officer shall have the authority to limit the presentation of evidence tending to be repetitious or which is immaterial or irrelevant. (i) Order of Debate Orderly procedure requires that each side shall proceed without interruption by the order; that all arguments and pleadings shall be addressed to the Commission; and that there be no questioning or argument between individuals. (j) Commission and Staff's Remarks During the hearing, Commission members and members of the staff may ask questions and make appropriate comments pertinent to the application; however, no member should debate or argue an issue with the applicant. (k) Applicant (and Others) Questioned The Commission members may direct questions to the applicant or any person speaking in order to bring out all relevant facts, and may call for questions from members of the staff. 23. Consent Agenda Items are presented to the Commission on a Consent Agenda when Commission action is required, but Staff expects that the Commission will approve the item without conditions. The Commission may call up items for further review when warranted, at their discretion. The following procedures shall be utilized for the review of the Consent Agenda; this review is intended only to ascertain if the items should remain on the Consent Agenda or be pulled off for further review: A. The Commission reviews the requests and asks minimal questions of the staff and applicants. These comments may be brief, and shall be limited to: (i) clarification of the Commissions understanding of the application(s); and (ii) the issue of whether a particular item should be removed from the Consent Agenda and called up by the Commission. C. The Commission may make motions to pull items off the Consent Agenda for further review. D. Any motions to remove items from the Consent Agenda shall be acted on at the time the motion is made. E. If no items are removed from the Consent Agenda, the Chair shall state "the Consent Agenda stands approved as presented". If an item has been removed, the Chair shall state that "all remaining items on the Consent Agenda stand approved as presented," and the Commission shall move on to the review of those items removed. 11IPage Planning and Zoning Commission Rules of Procedure (April 2013) F. Items removed from the Consent Agenda shall be reviewed in the order that would pertain to that type of application as is outlined in Sections 24 and 25. 24. Regular Application Items (Non -Public Hearings) The following process shall be utilized for all regular application items that are not specifically designated as public hearings and may be amended by the Chair at their discretion, subject to the right of the Commission to overrule the Chair: A. The Chair opens the hearing. B. Staff introduces the application and may provide a summary of the staff analysis. C. The Commission asks questions of the staff concerning the staff analysis or procedure of the application. D. The applicant or applicant's representative presents the applicant's evidence in support of the application. D. The Commission asks questions of the applicant (or applicant's representative) concerning the application. F. Audience participation and comment may only be allowed at the discretion of the Chair, subject to the right of the Commission to overrule the Chair. If comment is allowed, it shall take place prior to Commission comments; shall be allowed equally for all participants; and shall allow for an opportunity for the applicant to respond to any opposition comments. G. The staff is given the opportunity to rebut any evidence presented by the applicant or the public, and make its final comments. H. The applicant is given the opportunity to rebut any evidence presented by the staff or the public, and make its final comments. I. The Commission members are given a second opportunity to examine any witnesses and the applicant, and to discuss the request. J. Members of the Planning Commission make individual comments concerning the application. The analysis, as presented by the staff, and testimony, as presented by the applicant, may be discussed by the Commission. K. The Chair shall ask if any motions to accept or change the staff analysis and recommendation are to be made. Motions shall be made pursuant to Section 17. L. The Commission shall then vote on the proposed motion, including any and all additional, specific findings and conditions to be placed upon the application if approved. The vote from the Commission shall be pursuant to Section 18. 25. Regular Application Items (Public Hearings) The following process shall be utilized for all regular application items that are not specifically designated as public hearings and may be amended by the Chair at their discretion, subject to the right of the Commission to overrule the Chair: A. The Chair opens the public hearing. 121Page Planning and Zoning Commission Rules of Procedure (April 2013) B. Staff introduces the application and may provide a summary of the staff analysis. C. The Commission asks questions of the staff concerning the staff analysis or procedure of the application. D. The applicant or applicant's representative presents the applicant's evidence in support of the application. E. The Commission asks questions of the applicant (or applicant's representative) concerning the application. F. The Chair opens the Public Hearing and the Commission takes public comment concerning the application. Once all public comment is received the Chair closes the Public Hearing, unless reopened pursuant to Section 29. G. The staff is given the opportunity to rebut any evidence presented by the applicant or the public, and make its final comments. H. The applicant is given the opportunity to rebut any evidence presented by the staff or the public, and make its final comments. J. Members of the Planning Commission make individual comments concerning the application. The analysis, as presented by the staff, and testimony, as presented by the applicant, may be discussed by the Commission. K. The Chair shall ask if any motions to accept or change the staff analysis and recommendation are to be made. Motions shall be made pursuant to Section 17. L. The Commission shall then vote on the proposed motion, including any and all additional, specific findings and conditions to be placed upon the application if approved. The vote from the Commission shall be pursuant to Section 18. 26. Continuance of Hearing The Commission may continue any hearing, upon timely request, for good cause shown, or upon its own initiative. If a hearing is continued to a date certain, it shall not be necessary to re -notice the hearing; it shall be conclusively presumed that all interested parties are aware of the continuation of the hearing. If any hearing is continued without a date certain being specified, it shall be necessary to re -notice the hearing in the same manner as the original notice of hearing was given. 27. Audio -Tape of Public Hearing An audio -taped record shall be made of each hearing which is held by the Commission. The Town shall retain the original audio -tape in accordance with the Town's public record retention schedule. A copy of an audio -taped record of a hearing shall be made to any party in accordance with the Town's public record request policies. The Town shall not be obligated to provide a transcript of a hearing which is held before the Commission, and any party desiring such transcript shall obtain and pay the cost thereof. 28. Record of the Public Hearing The record of a public hearing which is held before the Commission shall consist of: (i) all staff reports and similar information which is provided to the Commission in connection with 131Page Planning and Zoning Commission Rules of Procedure (April 2013) the public hearing, excluding confidential attorney-client communications from the Town Attorney; (ii) all documents admitted into evidence by the Commission; (iii) all documents offered into evidence at the hearing, but not admitted; (iv) the written decision of the Commission; (v) copies of any applicable statutes, ordinances, rules or regulations; (vi) a transcript of the public hearing; and (vii) such other documents as may properly be included in the record. 29. Reopening of a Public Hearing Whenever a public hearing has been opened and continued to another date, or where it has been closed and the Commission wishes to take additional evidence prior to a vote or a reconsideration of a vote, the Chair may reopen the public hearing for purposes of taking such additional evidence. The Chair may limit the scope of such evidence to be taken. Whenever a public hearing is reopened and additional evidence is taken, all such additional evidence shall be deemed to be a part of the original public hearing. 3o. Decisions By Commission The decisions by the Commission shall be pursuant to §7.16.020(f), Step16:I1Review1&ndl] Decision[br such other provisions of the Avon Development Code or other procedures and review criteria adopted by ordinance of the Town as may be applicable. 31. Execution of Documents Any document which requires the written approval of the Commission may be executed by the Chair, or in absence or incapacity of the Chair, by the Vice -Chair. In the event that both the Chair and the Vice -Chair are absent from the Town or are incapacitated at the same time, any member of the Commission may lawfully sign a document in the capacity of Assistant Vice -Chair. 32. Suspension of the Rules Any provision of these Rules not governed by the Town Charter or the ordinance which created the Commission may be temporarily suspended at any meeting of the Commission by a majority vote of the Commission. Any Rule may be suspended by general consent if the matter is presented by the Chair and there is no objection by any member of the Commission. 33• Amendment of the Rules These Rules may be amended pursuant to the procedures in §7.12.040(1) of the Avon Development Code. 34• Effect of Adoption of Rules These Rules supersede all prior rules and regulations of the Commission. Adopted: April 23rd 2013 141Page Planning and Zoning Commission Rules of Procedure (April 2013) Exhibit A: Ex Parte Contact and Executive Sessions This Exhibit A sets forth supplemental meeting rules and procedures that may be amended and updated by the Avon Town Council by motion at any time. Ex Parte Contact: Each member of the Commission must refrain from any communications with the applicant or the general public concerning pending quasi-judicial applications. Members of the Commission are charged with conducting public hearings on quasi-judicial applications which are impartial and without bias or pre -judgment. An ex parte contact is any communication (written, oral or electronic) with the applicant, representative of the applicant or member of the general public that is offered to or received by a member of the Commission outside of the actual public hearing process concerning a quasi-judicial application pending before the Commission. Whenever a person attempts to make an ex parte contact with a member of the Commission, the member shall, to the extent possible, refuse to accept such ex parte contact. The member shall advise the person who is attempting to make the ex parte contact that all comments and information related to the pending matter should be presented to the entire Commission, as well as all interested parties, at the time of the public hearing. Any member of the Commission who has received an ex parte contact must report the information and identify the source and date of the contact, to the full Commission and the Applicant, for inclusion in the formal record of the public hearing on the application. Any written ex parte contact transmitted to or received by a member of the Commission concerning a quasi-judicial application which is pending before the Commission, including printed and mailed communications, shall be forwarded directly to the Director for review and incorporation into the staff's report. A copy of such written material shall also be provided to the applicant not later than the commencement of the hearing. The rule against ex parte contacts shall not apply to preclude members of the Commission from contacting the Director, the Town Attorney, or staff members of the Department of Community Development for the purpose of asking questions concerning a pending quasi- judicial application provided that such member shall not express any bias or otherwise formulate any opinion concerning the application prior to the public hearing. Executive Sessions: The Commission shall keep an electronic record and written minutes of its meetings, including any executive sessions, as required by the Colorado Open Meetings Law, Colorado Open Records Act, and such laws and rules as may be adopted by the Town to implement state statutes. 151Page Planning and Zoning Commission Rules of Procedure (April 2013) At any meeting the Commission, by consent of 2/3 of the quorum present, may go into executive session for those purposes authorized by law. No adoption of any proposed policy, position, resolution, rule, regulation or formal action shall occur at any executive session of the Commission which is not open to the public, except as authorized by the Colorado Open Meetings law. Prior to the Commission going into executive session the Chair shall announce to the public the general topic of executive session, including a specific citation to the applicable provision of the Colorado Open Meetings law which authorizes the Commission to meet in an executive session, and identification of the particular matters to be discussed in as much detail as possible without compromising the purpose for which the executive session is authorized. The Commission shall terminate the executive session by a majority vote. Only those matters authorized by statute may be discussed in an executive session. A motion to adjourn or recess a meeting shall not be in order during an executive session. A tape recording of the actual contents of the discussion during an executive sessions shall be made by the Presiding Officer except for executive sessions held for the purpose of receiving legal advice. The tape recording or written record of an executive session shall not be subject to public disclosure or to discovery in any administrative or judicial proceeding, except in an action brought pursuant to Section 24-72-204(5.5)(a), C.R.S. If it appears that the tape recorder in the Commission chambers is not functioning properly at the time that an executive session is to be held, or if there is no tape recorder available at the location where the executive session is to by held, or when otherwise deemed necessary or advisable by the Commission, a written record of the actual contents of the discussion during an executive session which satisfies the requirements of Section 24-6-402 (2)(d.5)(II)(A) and (B), C.R.S., shall be kept. Such tape recording and/or written record shall be retained and destroyed by the Town in accordance with the Town's document retention policy. The provisions of Section 24-6- 402(2)(d.5)(II)(B), C.R.S., concerning privileged attorney-client communications that occur in an executive session shall apply to any record of an executive session kept by the Commission. 161Page Planning and Zoning Commission Rules of Procedure (April 2013) A Town of Avon Planning & Zoning Commission Meeting Minutes Avon Tuesday, April 21, 2015 COLORADO Avon Municipal Building — One Lake Street Meetings are Open to the Public— Call to Order — 5:oopm IL Roll Call • All Commissioners were present with the exception of Commissioner Minervini. III. Additions & Amendments to the Agenda • No additions or amendments to the Agenda. IV. Conflicts of Interest • Prior to the meeting, Commissioner Minervini disclosed a conflict of interest with Item V. and was therefore absent from the meeting. V. PUBLIC HEARING: Case #MJR15005 Property Location: Lot io-A, Block 3, Wildridge Subdivision Property Address: 4012 Wildridge Road West Zoning: PUD Applicant: Jeffrey Manley, Martin Manley Architects Owner: Mountain C.I. Holdings, Ltd. Description: Development Plan with Design Review for a new Single -Family Detached Residence. Three (3) members of the public provided comments on the Application: Marc Slatkoff and Carel Slatkoff from 4191A Little Point and David Daigle from 419iB Little Point. Action: Commissioner Struve motioned to approve Case #MJR15005 with the findings of fact as contained in the staff report and one condition: 1. The builder is to work with uphill neighbors to ensure landscaping will not block views. The motion was seconded by Commissioner Hardy and at vote, all were in favor (4-0) and the motion passed. VI. Meeting Minutes Approval Action: Commissioner Struve motioned to approve the minutes from the April 7, 2015 meeting. The motion was seconded by Commissioner Hardy and at vote, all were in favor (4-0) and the motion passed. X. Staff Approvals • No staff approvals were presented. XI. Other Business • Staff inquired if any PZC members were interested in participating in a forthcoming community survey. XII. The meeting was adjourned at 6:ooPM 1 I April 21, 2015 Planning and Zoning Commission Minutes