PZC Packet 061120Notice of Regular Avon Planning and Zoning
Commission Meeting
June 16, 2020 at 5:00 p.m. MST
WEBINAR MEETING ONLY
Avon Town Hall operations are limited due to COVID-19
pandemic health orders to restrict gatherings.
Physical attendance of the Avon Planning and Zoning
meeting is not allowed.
Please go to the Town of Avon website, www.Avon.org, and
click on the Planning and Zoning Commission bar on the top of
the home page to find information on registering to join the
meeting. You can also find the agenda and meeting packet
materials for the meeting under Government > Planning &
Zoning Commission > Agendas, Packets & Materials.
We apologize for the inconvenience
_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS WERE NOT POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY DUE TO THEIR CLOSURE
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN PLANNER DAVID MCWILLIAMS AT 970-748-4023 OR EMAIL CMCWILLIAMS@AVON.ORG WITH ANY SPECIAL REQUESTS.
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PLANNING AND ZONING COMMISSION MEETING AGENDA
TUESDAY, JUNE 16, 2020
MEETING BEGINS AT 5:00 PM
VIRTUAL MEETING ONLY
1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON HARDY)
2. APPROVAL OF AGENDA
3. ELECTION OF NEW PZC CHAIR, VICE-CHAIR, AND SECRETARY
4. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
5. CONSENT AGENDA
APPROVAL OF MAY 19, 2020 MEETING MINUTES
RECORD OF DECISION S: MNR20021 TRACT J BLOCK 4 WILDRIDGE, COMMUNICATION ANTENNA
MNR20019 TRACT G, NOTTINGHAM PARK PORTALET SCREENING 6. CAPACITY BUILDING SEMINAR. REVIEW OF PZC RULES INCLUDING PROCEDURES, CONFLICTS OF INTEREST,
AND EX PARTE COMMUNICATION.
7. STAFF UPDATES
8. ADJOURN
PLANNING AND ZONING COMMISSION MEETING AGENDA
TUESDAY, JUNE 2, 2020
VIRTUAL MEETING ONLY
1. CALL TO ORDER AND ROLL CALL
Chairperson Lindsay Hardy called the regular meeting to order at 5:03 p.m. A roll call was taken, and Planning
Commission members present were Rebecca Smith, Jared Barnes, Steve Nusbaum, and Sara Lanious. Also
present were Town Planner David McWilliams, Planning Director Matt Pielsticker, and Town Manager Eric Heil.
2. ELECTION OF NEW PZC CHAIR, VICE-CHAIR, AND SECRETARY
Chairperson Hardy noted this item for removal due to the absence of Commissioner Lang 3. APPROVAL OF AGENDA
Commissioner Barnes motioned to approve the agenda as amended. Commissioner Smith seconded the motion
and the motion carried unanimously 5-0.
4. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
No conflicts of interest were disclosed.
5. BUSINESS ITEMS
5.1. MNR20021 MINOR DESIGN PLAN FOR RADIO TOWER FOR THE UPPER EAGLE REGIONAL WATER AUTHORITY
FACILITIES COMMUNICATION ON TRACT J WILDRIDGE SUBDIVISION (TOWN PLANNER DAVID MCWILLIAMS & JEFF
SCHNEIDER ROB RINGLE) PUBLIC HEARING
Public Comment: Charley Viola commented on the application. An email public comment From Jack Hunn was
noted for the record.
Action: Commissioner Nusbaum motioned to approve the item with the following findings:
1. The application is complete; and
2. The application provides sufficient information to allow the PZC to determine that the equipment proposed
by the Upper Eagle Regional Water Authority is classified as normal maintenance and therefore exempt
from the design standards of the Avon Development code, per §7.04.080;
3. The project is compliant with the Comprehensive Plan, including Policy G.4.3 and I.1; and
4. The project reduces demand and impact of public services.
Commissioner Barnes seconded the motion and it carried unanimously 5-0.
5.2. MNR20019 MINOR DESIGN PLAN FOR PORTALET SCREENING ON TRACT G BLOCK 2 BENCHMARK AT BEAVER
CREEK NOTTINGHAM PARK (TOWN PLANNER DAVID MCWILLIAMS) CONTINUED PUBLIC HEARING
Public Comment:
Action: Commissioner Barnes motioned to approve the item with the following findings and conditions:
Findings:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f),
Design Review. The design meets the development and design standards established in the Avon
Development Code;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that the application
complies with the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive Plan;
_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS WERE NOT POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY DUE TO THEIR CLOSURE
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN PLANNER DAVID MCWILLIAMS AT 970-748-4023 OR EMAIL CMCWILLIAMS@AVON.ORG WITH ANY SPECIAL REQUESTS.
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5. There are no additional demands for public services or infrastructure by the application;
6. The design relates the development to the character of the surrounding community; and
7. Using this design for additional screening locations outside of the beach area is appropriate to reinforce
the unified park aesthetic.
Condition:
1. The portalets shall not be placed on a concrete slab but the screening be installed using sonotubes for
easier relocation.
Commissioner Nusbaum seconded the motion and it carried unanimously 5-0.
5.3. CONSENT AGENDA
APPROVAL OF MAY 19, 2020 MEETING MINUTES
MNR20010 & AEC20003
MNR20018
Commissioner Smith motioned to approve the consent agenda. Commissioner Barnes seconded the motion
and it carried unanimously 5-0.
6. CAPACITY BUILDING SEMINAR. REVIEW AND PRIORITIZE LIST OF SEMINAR TOPICS. FIRST TOPIC, AVON
DEVELOPMENT CODE OVERVIEW.
Staff received feedback for future seminar themes and presented the Development Code Overview.
7. STAFF UPDATES
Staff mentioned various Town initiatives.
8. ADJOURN
There being no further business before the Commission, Commissioner Barnes adjourned the meeting. The
time was 7:20 p.m.
These meeting minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most
accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office.
RESPECTFULLY SUBMITTED:
David McWilliams, Town Planner
APPROVED:
Lindsay Hardy, Chairperson __________________________________
PZC Record of Decision: #MNR20021 Page 1 of 1
PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DETERMINATION
DATE OF PUBLIC HEARING: June 2, 2020
DATE OF DECISION: June 16, 2020 TYPE OF APPLICATION: Minor Development Plan
PROPERTY LOCATION: Tract J Block 4 Wildridge Subdivision / 5700 Wildridge Road East
FILE NUMBER: MNR20021 APPLICANT: Upper Eagle Regional Water Authority
This Record of Determination is made in accordance with the General Provisions of the Avon Development Code
§7.04.080.
DECISION: Exempt from Avon Development Code.
FINDINGS:
1. The application complete; and
2. A Public Hearing was held on June 2, 2020; and
3. The application provides sufficient information to determine that the equipment and work is classified as normal
maintenance and therefore exempt from the design standards of the Avon Development code, per §7.04.080.
4. The project is compliant with the Comprehensive Plan, including:
• Policy G.4.3: Promote water conservation through public education, supply management, and demand
management techniques; and.
• Goal I.1: Ensure cost effective provision and development of public facilities and services; and
5. The project reduces demand and impact of public services.
THESE FINDINGS OF FACT AND RECORD OF DETERMINATION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________
Lindsay Hardy, PZC Chairperson
PZC Record of Decision: #MNR20019 Page 1 of 1
PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF RECOMMENDATION
DATE OF DECISION: June 2, 2020
TYPE OF APPLICATION: Minor Development Plan PROPERTY LOCATION: Tract G Block 2 Benchmark at Beaver Creek Subdivision
FILE NUMBER: MNR20019
APPLICANT: Town of Avon
This Record of Decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.080(c):
DECISION: Approval of the development plan with the following findings and condition:
FINDINGS:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design
Review. The design meets the development and design standards established in the Avon Development Code;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that the application complies with
the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive Plan;
5. There are no additional demands for public services or infrastructure by the application;
6. The design relates the development to the character of the surrounding community; and
7. Using this design for additional screening locations outside of the beach area is appropriate to reinforce the
unified park aesthetic.
CONDITION:
1. The portalets shall not be placed on a concrete slab but the screening be installed using sonotubes for easier
relocation.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________
PZC Chairperson
June 2, 2020 PZC Meeting – Capacity Building Seminars
TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner
RE: Capacity Building Seminars
DATE: June 10, 2020
OVERVIEW: Staff’s second capacity building seminar will focus on Planning and Zoning Commission (PZC) Rules
and Regulations. Of particular interest is reiterating hearing procedures, conflicts of interest, and ex parte
communication. The sessions are intended to be informational and a chance for PZC to discuss development
protocols and regulations when not reviewing a specific land use file.
TOPICS: PZC gave feedback about the order of sessions to be presented at the last meeting. Staff tentatively
organized the list of topics according to the feedback:
• PZC Rules and Regulations
• Title 7 Avon Development Code: Development Standards
• Sign Code
• Avon Comprehensive Plan
o Multi-Modal Parking and Transportation Plan
o Trails Plan
o Housing Plan
• Land Use Law – May 2018 last review by PZC
• Avon Urban Renewal Plan
• Village at Avon PUD and Design Review Referral Process
• West Beaver Creek Blvd Engagement Tactics
• Wildridge PUD and Development History
• Department of Local Affairs – March 2020 last review by PZC
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MEMORANDUM
To: Avon Planning and Zoning Commission
From: Paul Wisor, Town Attorney
Re: Code of Ethics and Ex Parte Contacts
Date: June 11, 2020
I. Summary
The following memorandum provides the Avon Planning and Zoning Commission (the
“PZC”) a broad overview of the Avon Town Code of Ethics (the “Ethics Code”) as well as PZC
Commissioners’ (the “Commissioners”) obligations with respect to ex parte contacts. No PZC
action is required, but this memorandum will be discussed at a presentation during the June
16th PZC meeting.
II. Ethics Code
In July 2015, the Avon Town Council (the “Council”) revamped the Ethics Code. In
doing so, Council imposed ethical rules that are more specific and more restrictive than the
ethical rules that previously governed the Town or are currently in place pursuant to state
statute. The purpose of the Ethics Code is to establish guidelines for ethical standards for
Councilmembers, staff and appointed members of boards and commissions, including the
Commissioners, and to set forth acts that are incompatible with the best interests of the Town.
While the full text of the Ethics Code, attached hereto as Exhibit A, is important, the
discussion below highlights the provisions of the Ethics Code most relevant to the day-to-day
experience of Commissioners, namely conflicts of interests and gifts.
a. Conflicts of Interest
One of the primary concerns addressed in the Ethics Code is conflicts of interest. The
Ethics Code addresses current conflicts as well as appearances of impropriety. It also sets
forth the mechanisms by which such conflicts may be resolved.
i. Current Conflicts
Section 2.30.060(3) of the Ethics Code provides no Commissioner shall perform an
“official act which directly and substantially affects to its economic benefit a business or other
undertaking in which such Commissioner has a substantial financial interest. A “substantial
financial interest” is defined in Section 2.30.050 as 1) an ownership in a business; 2) a
creditor interest in a business; 3) an ownership interest in real or personal property; 4) a loan
or any other debtor interest; or 5) a directorship or officership in a business.
Similarly, §2.30.060(4) of the Ethics Code prohibits any Commissioner from
performing “an official act which directly and substantially affects a business or other
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undertaking by whom the Commissioner is employed, or by whom such Commissioner is
engaged as counsel, consultant, representative or agent.” This particular provision has caused
significant issues for Council as Council is currently comprised of several individuals who
serve as real estate brokers. At a July 2019 Council meeting, Council determined the mere
potential of a Councilmember listing of a unit or home that may developed within a project
that is the subject of a land use application before Council does not constitute a conflict of
interest as defined in the Ethics Code.
Council’s decision at the July 2019 meeting only applied to Council, but the Planning
Commission could adopt a similar rule. Pursuant to Section 11.2 of the Town’s Home Rule
Charter, the PZC shall operate in accordance with its own rules of procedure, except as
otherwise directed by Council. While Council has made clear the Ethics Code applies to the
PZC, the PZC could adopt rules that do not conflict with or are more stringent than those
contained in the Ethics Code.
ii. Appearance of Impropriety
The Ethics Code also contains a catchall provision common in many municipal codes
throughout Colorado in a variety of iterations that seeks to broadly cover all manner of
unethical behavior. Section 2.30.060(8) provides a Commissioner shall not take action
“under circumstances which give rise to appearance of impropriety” on the part of the
Commissioner. This particular provision can be difficult for Commissioners to address
because it is both vague and broad, and its application is often fact intensive. As such,
Commissioners should always ask the Town Attorney for guidance if they are unsure if an
ethical issue should be addressed.
iii. Waiver of Future Conflict
While it is rare a Commissioner will find themselves in a situation where a matter before
PZC creates an actual and immediate conflict of interest, Commissioners rightfully worry
about the trickledown effect a particular decision may have on their individual or employer’s
economic wellbeing in the future. However, Section 2.30.090 of the Code addresses this
concern by providing PZC may waive any conflict that may arise as a result of any action taken
by a Commissioner. A Commissioner must disclose their own conflict, or the perceived
conflict of another Commissioner, prior to PZC considering the issue giving rise to the
conflict. If PZC finds a conflict does exist, the Commissioner shall not attempt to influence
other Commissioners and must leave the room during discussion on the substantive issue
giving rise to the conflict. If PZC finds no conflict exists, the Commissioner may proceed with
participating in the hearing and voting on the issue at hand.
b. Gifts
In 2006, the Colorado voters approved a constitutional amendment imposing certain
ethical constraints on elected officials and government officials. In 2015, Council, using its
home rule authority, adopted its own regulations related to gifts provided to Commissioners.
Pursuant to Section 2.30.170 of the Avon Municipal Code (the “AMC”), Commissioners must
report any gift in excess of fifty dollars ($50.00) to the Town Clerk as well as the estimated
value of such gift.
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A gift is defined as “any present, or offer of future, individual gift, favor, loan, service of
thing of value.” Such gifts only need be reported if they were given as a result of a
Commissioner’s status as a member of PZC. Gifts provided by relatives or personal friends on
special occasions need not be reported.
To the extent a gift is reported to the Town Clerk, Council, rather than PZC, must
determine whether such gift constitutes a conflict of interest under the AMC. Section
2.30.170(c) specifically provides gifts given without the intent to influence a Commissioner in
connection with an official act does not create the appearance of impropriety.
III. Ex Parte Contacts
As Commissioners are aware, governing bodies may act three different capacities:
legislative, administrative or quasi-judicial. In a legislative capacity, governing bodies often
enact new laws or make decisions that are generally applicable to the public as a whole. In an
administrative capacity, governing bodies engage in the basic operation of government, such
as approving contracts. When acting in a quasi-judicial role, a governing body is required to
make a determination of the rights, duties or obligations of specific individuals on the basis of
the application of facts to existing legal standards pursuant to a hearing conducted by the
governing body. Overwhelmingly, PZC serves in a quasi-judicial capacity with respect to land
use matters.
In contrast to hearings on legislative or administrative matters, PZC is required to
operate as a panel of “judges” rather than legislators on quasi-judicial matters. In this
capacity, PZC must base its decision on any particular matter solely on the evidence presented
at a public hearing, and, as a general matter, Commissioners are prohibited from basing their
decision on evidence gathered outside the public hearing. This prohibition extends to
contacts between the applicant, proponents or opponents of a particular matter and members
of the PZC outside of publicly scheduled hearings or meetings. These contacts are known as
ex parte contacts, and can be verbal, written or electronic.
Ex parte contacts can potentially invalidate the decision or recommendation of PZC if
not properly addressed. Commissioners are to remain impartial with respect to quasi-judicial
hearings, and ex parte contacts can have the effect of spoiling such impartiality, thus
prejudicing the rights of the applicant or the proponent or opponent of a particular
application. Ex parte contacts can also create a situation in which a Commissioner bases
their decision on details upon which an applicant, proponent or opponent does not have the
opportunity to provide their side or the story or otherwise rebut. In addition, ex parte
communications are specifically prohibited by Section 2.30.060(9) of the AMC, which
prohibits “ex parte communication or contact concerning a matter which is to be determined
after a public hearing without making the contents of such communication or contact a part of
the record of such public hearing.”
In the event it is revealed PZC conducted a quasi-judicial hearing where ex parte
contacts occurred, a losing party could appeal the PZC’s or Council’s decision. While it may
be difficult to overturn quasi-judicial decisions in some situations, courts are more likely to
vacate a final land use decision where the Town as a whole has failed to provide due process.
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As such, PZC should do its best to avoid ex parte contacts. The best practice for PZC is
not to initiate any conversation or other contact with respect to a quasi-judicial matter. To the
extent someone initiates a contact with a Commissioner, it is a Commissioner’s right and
obligation to make clear the conversation or contact immediately needs to end, and the
person initiating the contact should either express their comments to PZC through
participation at a public hearing or through a written comment.
In the event an ex parte contact does occur the law in general, and the AMC specifically,
allows a Commissioner to cure the ex parte contact by making the contents of the
communication or contact a part of the record of any relevant public hearing. Such disclosure
must take place at the beginning of the public hearing on the matter. While disclosure of the
contents of an ex parte contact is sufficient from the perspective of the AMC, Commissioners
should be mindful of the due process rights afforded those participating in the hearing. As
such, the Commissioner disclosing the ex parte contact must be sure to inform the other
Commissioners of all information obtained in the ex parte contact that may be relevant in
rendering a decision on the matter. In addition, the Commissioner who engaged in the ex
parte contact should participate in the public hearing and vote on the matter only if the
Commissioner sincerely believes the ex parte contact did not impair their ability to impartially
render a decision on the matter.
IV. Conclusion
The Ethics Code and ex parte contacts are certainly items PZC should keep at the
forefront of their mind as they act in their capacity as Commissioners throughout the year. If
any Commissioner has concerns or questions with respect to these or any other issues they
should feel free to immediately contact the Town Attorney to determine the best course of
action.
Exhibit A
CHAPTER 2.30 - Town Code of Ethics[1]
2.30.010 - Citation.
This Chapter shall be known and may be cited as the "Avon Town Code of Ethics."
( Ord. 15-05 §2(Exh.A) )
2.30.020 - Declaration of policy.
The proper operation of democratic government requires that public officers be independent,
impartial and responsible to the people; that government decisions and policy be made within the proper
channels of the governmental structure; that public office not be used for personal gain; and that the
public have confidence in the integrity of its government. In recognition of these goals, a code of ethics for
all Town Officers is adopted. The purpose of this code is to establish guidelines for ethical standards of
conduct for all such officers by setting forth those acts or actions that are incompatible with the best
interest of the Town, and by directing disclosure by such officers of private financial or other interests in
matters affecting the Town.
( Ord. 15-05 §2(Exh.A) )
2.30.030 - Finding of local concern.
The Town Council finds and determines that the matter of ethical municipal government is a matter
of local concern upon which home rule municipalities in Colorado are fully empowered to legislate and to
supersede conflicting state statutes.
( Ord. 15-05 §2(Exh.A) )
2.30.040 - Effect of common law.
This Chapter shall supersede and override the common law as to the subject matter of this Chapter.
( Ord. 15-05 §2(Exh.A) )
2.30.050 - Definitions.
As used in this Chapter, unless the context requires otherwise:
Business means any corporation, limited liability corporation, partnership, sole proprietorship, trust or
foundation, or other individual or organization carrying on a business operated for private profit.
Confidential information means all information, whether transmitted orally, electronically or in writing,
which is intended to be confidential and which does not constitute a public record under the Colorado
Open Records Act set forth in C.R.S. §24-72-200.1 et. seq. including but not limited to attorney-client
confidential and privileged communications and information received in an executive session.
Council or Town Council means the Town Council of the Town of Avon.
Council Member means any member of the Town Council.
Officer means any person holding a position by election or appointment in the service of the
municipality, whether paid or unpaid, including the members of the Town Council, any other Town board,
committee or commission, any employee and any independent contractor.
Official act or official action means any vote, decision, recommendation, approval, disapproval or
other action, including inaction, which involves the use of discretionary authority.
Substantial financial interest means an interest owned or held by an officer which is:
a. An ownership interest in a business;
b. A creditor interest in a business;
c. An ownership interest in real or personal property;
d. A loan or any other debtor interest;
e. A directorship or officership in a business.
An officer shall be presumed to have a substantial financial interest in any of the above-mentioned
interests owned, held or controlled by such officer's spouse or dependent children.
( Ord. 15-05 §2(Exh.A) )
2.30.060 - Conflict of interest.
A Town Officer shall not:
(1) Disclose or use confidential information acquired in the course of such officer's duties:
(a) In order to further a business or other undertaking in which such officer has a substantial
financial interest; or,
(b) For any use which would be detrimental to the Town.
(2) Engage in a substantial financial transaction for his or her private business purposes with a
person whom such officer inspects or supervises in the course of his or her official duties.
(3) Perform an official act which directly and substantially affects to its economic benefit a
business or other undertaking in which such officer has a substantial financial interest.
(4) Perform an official act which directly and substantially affects a business or other undertaking
by whom the officer is employed, or by whom such officer is engaged as counsel, consultant,
representative or agent.
(5) Acquire or hold an interest in any business or undertaking which such officer has reason to
believe may be directly and substantially affected to its economic benefit by official action to be
taken by the agency over which he or she has substantive authority.
(6) Perform an official act directly and substantially affecting to its economic detriment any
business or other undertaking when such officer has a substantial financial interest in a
competing business or undertaking.
(7) Solicit or accept a present or future gift, favor, loan, service or thing of value from a person
under circumstances which would lead a reasonably prudent person to believe that such gift,
favor, service or thing of value was made or given primarily for the purpose of influencing or
attempting to influence such officer in connection with an official act, or as a reward for official
action he or she has previously taken. The provisions of this Paragraph shall not apply to those
circumstances described in Paragraph 2.30.070(3).
(8) Perform any official act under circumstances which give rise to appearance of impropriety on
the part of the officer.
(9) Make or accept any ex parte communication or contact concerning a matter which is to be
determined after a public hearing without making the contents of such communication or contact
a part of the record of such public hearing.
(10) Appear on behalf of any private person, business or entity, other than himself or herself, his or
her spouse, or minor children, before the Town Council, any Town Commission or the Municipal
Court; or,
(11) For members of Town Council, seek or obtain employment or compensation concerning
matters upon which he or she took an official act during his or her term of office for six (6)
months following expiration or termination of office, if such official act occurred less than four (4)
years prior to such employment or compensation, provided that this provision may be waived by
a majority of the disinterested Town Council members.
( Ord. 15-05 §2(Exh.A) )
2.30.070 - Exemptions.
The provisions of Section 2.30.060 shall not prohibit an officer from:
(1) Accepting or receiving a benefit as an indirect consequence of the performance of an official
act.
(2) Taking official action when such officer is similarly situated to other Town residents, such as
adopting general land use regulations, owning property within a special or local improvement
district, voting for taxes or bonds, adopting ordinances of general applicability or otherwise
acting upon matters involving the common public interest, except that this exemption shall not
apply to interests of Officers of the Avon Urban Renewal Authority in any project or in any
property included or planned to be included in any project and the provisions of C.R.S. §31-25-
104(3) shall control.
(3) Soliciting or accepting gifts or loans which are:
a. Campaign contributions reported as required by law;
b. An occasional nonpecuniary gift, insignificant in value;
c. A nonpecuniary award publicly presented by a nonprofit organization in recognition of
public service;
d. Payment of or reimbursement for actual and necessary expenditures for travel and
subsistence or attendance at a convention or other meeting at which such officer is
scheduled to participate;
e. Reimbursement for or acceptance of an opportunity to participate in a social function or
meeting which is not extraordinary when viewed in light of the position held by such officer;
f. Items of perishable or nonpermanent value, including, but not limited to, meals, lodging,
travel expenses or tickets to sporting, recreational, educational, or cultural events;
g. Payment for speeches, debates, or other public events, reported as honorariums to the
Town Manager;
h. A loan at a rate of interest which is not substantially lower than the commercial rate then
currently prevalent for similar loans within the Town.
(4) Receiving such compensation for his or her services to the Town as may be fixed by
ordinance, pay plan, budget or other similar official action.
( Ord. 15-05 §2(Exh.A) )
2.30.080 - Disclosure of conflict of interest in Town Council action.
Any member of the Town Council who believes he or she has a conflict of interest as defined in
Section 2.30.060 on any matter proposed or pending before the Town Council shall disclose such
potential interest to the Town Council. Any member of the Council who believes that another member of
the Council has a conflict of interest shall bring the matter to the attention of the Council prior to Council
consideration of the issue involving the alleged conflict. The Council shall determine whether a conflict of
interest exists. The Council member who has an alleged conflict of interest shall not vote on the
determination of whether a conflict of interest exists. If the Council determines that an actual conflict of
interest exists, the Council Member shall not attempt to influence other members of the Town Council in
connection with such matter, and, except as provided in Section 2.30.100, the Council Member shall not
vote upon such matter. The Council Member shall leave the room during Council's discussion and action
on the subject, and shall return only when the Council has taken up the next agenda item.
( Ord. 15-05 §2(Exh.A) )
2.30.090 - Disclosure of conflict of interest in Planning Commission action.
Any member of the Planning Commission who believes he or she has a conflict of interest as defined
in Section 2.30.060 on any matter proposed or pending before the Planning Commission shall disclose
such potential interest to the Planning Commission. Any member of the Planning Commission who
believes that another member of the Planning Commission has a conflict of interest shall bring the matter
to the attention of the Planning Commission prior to Planning Commission consideration of the issue
involving the alleged conflict. The Planning Commission shall determine whether a conflict of interest
exists. The Planning Commission member who has an alleged conflict of interest shall not vote on the
determination of whether a conflict of interest exists. If the Planning Commission determines that an
actual conflict of interest exists, the member of the Planning Commission shall not attempt to influence
other members of the Planning Commission in connection with such matter, and, except as provided in
Section 2.30.100, the member of the Planning Commission shall not vote upon such matter. The member
of the Planning Commission shall leave the room during the Planning Commission's discussion and
action on the subject, and shall return only when the Planning Commission has taken up the next agenda
item.
( Ord. 15-05 §2(Exh.A) )
2.30.100 - When Council Member or member of the Planning Commission with conflict of interest may
vote.
Notwithstanding the provisions of Sections 2.30.080 and 2.30.090, a Council member or member of
the Planning Commission may vote upon a matter as to which he or she has a conflict of interest if:
(1) His or her participation is necessary to obtain a quorum or to otherwise enable the Council or
Planning Commission to act, and
(2) He or she complies with the disclosure provisions of Section 2.30.110, and
(3) A majority of the Council members or Planning Commission members present at a meeting
who do not have a conflict of interest find that the participation of such Council member or
Planning Commission member will not be contrary to the public interest and vote to permit such
Council member or Planning Commission member to vote despite the conflict of interest.
( Ord. 15-05 §2(Exh.A) )
2.30.110 - Voluntary Disclosure to Secretary of State.
A Town Officer may, prior to acting in a manner which may impinge on his or her fiduciary duty and
the public trust, disclose the nature of his or her private interest to the Colorado Secretary of State. Such
Town Officer shall make the disclosure in writing to the Colorado Secretary of State, listing the amount of
his or her financial interest, if any, the purpose and duration of his or her services rendered, if any, and
the compensation received for the services or such other information as is necessary to describe his or
her interest. If he or she then performs the official act involved, he or she shall state for the record the fact
and summary nature of the interest disclosed at the time of performing the act. Such disclosure shall
constitute an affirmative defense to any civil or criminal action or any other sanction under this Town
Code of Ethics or any other local, state or other code of ethics or standards of conduct.
( Ord. 15-05 §2(Exh.A) )
2.30.120 - Public contracts.
(a) The Town shall not enter into any contract with a Town Officer (including spouse or minor children
of the Town Officer) to provide any compensation from the Town for the provision of goods or
services and shall not approve any vendor permit or privilege to conduct commercial business on
Town property during such officer's term, appointment or employment with the Town; provided that
this restriction shall not apply to compensation provided to any Town Officer for performance of
official duties for the Town. This section shall not operate to restrict the Town from entering into
contracts or approving vendor permits and privileges to an organization which employs a Town
Officer if such Town Officer is not an owner or controlling officer of such organization that receives
such compensation, permits or privileges and such Town Officer declares a conflict of interest in
accordance with Section 2.30.060(3) and does not participate in any Town decision related to such
public contract. For the purposes of this section, ownership in an organization shall include any
ownership interest that is greater than one percent (1%).
(b) The provisions of Subsection (a) above shall not apply to:
(1) Investments or deposits in financial institutions which are in the business of loaning or receiving
money; or,
(2) With respect to which the Town Officer has voted therein in accordance with Section 2.30.100.
(3) Contracts with, or compensation provided to, members of advisory commissions, committees
and boards if the subject matter of such contract or compensation does not relate to the subject
matter or advisory role of the commission, committee or board.
(c) It shall be a violation of this Chapter for any Town Officer to enter into a contract with the Town or
receive compensation or receive vendor permits or privileges from the Town in violation of this
section.
(d) Any contract approved by the Town or vendor permit or privilege granted by the Town in violation of
this section shall be unenforceable against the Town.
(Ord. No. 18-09 §2; Ord. 15-05 §2(Exh.A) )
2.30.130 - Limitation on subsequent employment.
A former Town Officer may not, within six (6) months following the termination of his or her office with
the Town, contract with or become employed by an employer who contracts with the Town involving
matters with which such officer was directly involved during such officer's term of office with the Town.
( Ord. 15-05 §2(Exh.A) )
2.30.140 - Enforcement.
(a) The Town Council shall have the primary responsibility for the enforcement of this Chapter. It shall
have the power to investigate any complaint, to initiate any suit and to prosecute any criminal or civil
action on behalf of the Town wherein it believes such action is appropriate.
(b) The Town Council may direct the Town Attorney to investigate or prosecute any apparent violation
of this Chapter or the Council may employ or appoint any qualified attorney to investigate or
prosecute any violation or series of violations by one (1) or more persons of this Chapter. In the
event the alleged conflict of interest involves a Council Member (or multiple Council Members), the
Council Member(s) who has an alleged conflict of interest shall not vote upon whether to investigate
or prosecute the alleged conflict of interest.
(c) Any person who believes that a violation of any portion of this Chapter has occurred may file a
complaint with the Town Council, which shall promptly investigate such complaint and take such
action thereon as the Council shall deem to be appropriate.
(d) The district attorney of the district where the trust is violated may bring appropriate judicial
proceedings on behalf of the people. Any moneys collected in such actions shall be paid to the gen-
eral fund of the Avon Town government. Judicial proceedings pursuant to this section shall be in
addition to any criminal action which may be brought against such Town Officer.
( Ord. 15-05 §2(Exh.A) )
2.30.150 - Penalties and remedies.
(a) It is unlawful for any person to violate any provision of, or to fail to comply with any of the
requirements of this Chapter. Any person who violates any provisions of this Chapter shall be
punished in accordance with the provisions of Section 1.08.010 of this Code. Additionally, upon
conviction such person shall be liable to the Town for such damages as may have been suffered or
incurred as a result of such violation.
(b) Upon conviction for any violation of this Chapter such Officer shall immediately forfeit his or her
office or position. Nothing in this Chapter shall be construed to prohibit such public officer from being
reelected, reappointed or otherwise rehired to any position forfeited under the provisions of this
Chapter.
(c) Any court of competent jurisdiction called upon to enforce the provisions of this Chapter may, with
the consent of the Town Council, exempt from the provisions of this Chapter any conduct of a Town
Officer upon the finding that the enforcement of this Chapter with respect to such officer's conduct
would not be in the public interest.
( Ord. 15-05 §2(Exh.A) )
2.30.160 - Distribution of code of ethics.
The Town Clerk shall cause a copy of the Avon Town Code of Ethics to be distributed to every officer
of the Town within thirty (30) days after enactment of the ordinance adopting this Chapter. Each Town
Officer elected, appointed, or engaged thereafter shall be furnished a copy before entering upon the
duties of his or her office.
( Ord. 15-05 §2(Exh.A) )
2.30.170 - Gift reporting.
(a) In accordance with Section 7, Article XXIX of the Colorado Constitution, the requirements of Article XXIX of
the Colorado Constitution shall not apply to the Town of Avon. It is the intention and purpose that this
Section 2.30.170, Chapter 2.30 Avon Town Code of Ethics of the Avon Municipal Code, and any other
applicable Avon Home Rule Charter provision, ordinance or resolution adopted by the Town of Avon shall
completely address all matters set forth in Article XXIX of the Colorado Constitution.
(b) Any Town Officer who receives any present, or offer of future, individual gift, favor, loan, service or thing of
value in excess of fifty dollars ($50.00) and such gift is offered due to such person's status as a Town
Officer then such officer shall report such gift and the estimated value to the Town Clerk. The Town Clerk
shall promptly disclose gifts received, or offer of future gifts, to the Town Council. The failure of a Town
Officer to report a gift to the Town Clerk shall constitute a violation of this Chapter.
(c) Council shall determine if gifts received or offered in the future constitute a conflict of interest in
accordance with this Chapter. Council members who are the recipient or intended recipient of a gift shall
not vote on whether such gift constitutes a conflict of interest unless such gift is offered to Council as a
whole or offered to Town generally.
(d) Gifts which are given by an individual who is a relative or personal friend of the recipient on special
occasions shall not be deemed a conflict of interest. Gifts which are given without the purpose or intent to
influence a Town Officer in connection with an official act or as a reward for an official act performed and
gifts which do not create the appearance of impropriety shall not be a conflict of interest.
(e) Gifts which are received which are determined by Council to be a conflict of interest shall be returned. The
receipt of a gift or the failure to return a gift or reimburse the equivalent value when Council determines
such gift is a conflict of interest shall constitute a violation of this Chapter.
( Ord. 15-05 §2(Exh.A) )
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Planning and Zoning Commission Rules of Procedure (April 2013)
Planning and Zoning Commission
Rules of Procedure
April 2013
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Planning and Zoning Commission Rules of Procedure (April 2013)
Table of Contents
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! Bookmark not defined.
(b) Who May Make A Motion ................................................................. Error! Bookmark not defined.
(c) Second Required ............................................................................... Error! Bookmark not defined.
(d) One Motion at a Time ....................................................................... Error! Bookmark not defined.
(e) Amending a Motion .......................................................................... Error! Bookmark not defined.
(f) Rescind or Withdrawal of an Approved Motion ............................... Error! Bookmark not defined.
18. Voting ................................................................................................................................................ 9
(a) Who May Vote ................................................................................................................................. 9
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Planning and Zoning Commission Rules of Procedure (April 2013)
(b) Adoption by Majority Vote .............................................................................................................. 9
(c) Duty to Vote ..................................................................................................................................... 9
19. Debate ............................................................................................................................................... 9
20. Executive Sessions............................................................................................................................. 9
21. Site Visits ......................................................................................................................................... 10
22. 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
23. Consent Agenda .............................................................................................................................. 11
24. Regular Application Items (Non-Public Hearings) ........................................................................... 12
25. Regular Application Items (Public Hearings) ................................................................................... 12
26. Continuance of Hearing .................................................................................................................. 13
27. Audio-Tape of Public Hearing ......................................................................................................... 13
28. Record of the Public Hearing .......................................................................................................... 13
29. Reopening of a Public Hearing ........................................................................................................ 14
30. Decisions By Commission ................................................................................................................ 14
31. Execution of Documents ................................................................................................................. 14
32. Suspension of the Rules .................................................................................................................. 14
33. Amendment of the Rules ................................................................................................................ 14
34. Reference to Robert’s Rules of Order ................................................ Error! Bookmark not defined.
35. Effect of Adoption of Rules ............................................................................................................. 14
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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.
2. 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, Planning and Zoning Commission, of the
Avon Municipal Code.
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.
Presiding Officer 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
Date, Time and Place of Regular Meetings (a)
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.
Notice of Regular Meetings (b)
Notice of each regular meeting shall be posted by the Director in Town Hall and 2
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.
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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.
9. Applicability of Colorado Open Meetings Law
All meetings of the Commission shall be subject to the provisions of the Colorado Open
MeetingsLaw (Colorado Sunshine Law) set forth in C.R.S. §24-6-401 et. seq..
10. 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.
11. 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
Proposed Agenda (a)
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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.
Meeting Packets (b)
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 7.12.040(i), 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
Conformity With Town Code of Ethics (a)
The conduct of Commission members shall at all times conform with the requirements of
the Town of Avon Code of Ethics (Chapter 2.30, AMC).
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Planning and Zoning Commission Rules of Procedure (April 2013)
Ex Parte Contacts (b)
(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 §2.30.060, Conflict of Interest.
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.
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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,
(2) 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
hear speaker.
(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.
(l) 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
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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
Who May Vote (a)
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.
Adoption by Majority Vote (b)
A motion shall be adopted by a majority of the votes cast when a quorum is present. A
majority is more than half.
Duty to Vote (c)
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.
19. 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.
20. Executive Sessions
PZC may convene into executive session at any time by the affirmative vote of 2/3rds 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.
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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
Part of Meeting (a)
A public hearing is considered to be part of a regular or special meeting of the
Commission.
Representation (b)
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.
Testimony Under Oath Not Required (c)
Testimony offered at a hearing before the Commission shall not be required to be given
under oath or affirmation.
Right To Present Evidence And Cross-Examine Witnesses (d)
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.
Rules Of Evidence (e)
The strict rules of evidence shall not apply to a hearing held before the Commission.
Objections (f)
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.
Burden Of Proof (g)
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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. Preponderance of the evidence means to prove that
something is more probably true than not.
Limitation of Evidence (h)
The Presiding Officer shall have the authority to limit the presentation of evidence
tending to be repetitious or which is immaterial or irrelevant.
Order of Debate (i)
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.
Commission and Staff's Remarks (j)
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.
Applicant (and Others) Questioned (k)
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.
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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.
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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
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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.
30. Decisions By Commission
The decisions by the Commission shall be pursuant to §7.16.020(f), Step 6: Review and
Decision or 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(l) 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
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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.
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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.
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.
(1) 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.
(2) 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.
(3) 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.
(4) 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.
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.