PZC Minutes 120286RECORD OF PROCEEDINGS
MINUTES OF PLANNING AND ZONING COMMISSION MEETING
DECEMBER 2, 1986
The regular meeting of the Avon Planning and Zoning Commission was held
on Decemuer 2, 1986 at 7:45 PM in the Town Council Chambers of the Town
of Avon Municipal Complex, 400 Benchmark Road, Avon, Colorado. The
meeting was called to order by Chairman Mike Blair.
Members Present: Mike Blair, Jeff Maddox, Buzz Reynolds
Pat Cuny, Charlie Gersbach, Mark Donaldson
Members Absent: Tom Landauer
Staff Present: Norm Wood, Director of Engineering and
Community Development - Jim '_amont, Planning
Consultant - Maggie Lach, Recording Secretary
Regular Agenda Items - 7:45 PM
Holy Cross Electric Association - Informal Discussion - Power Line
Up -Grade
The Commission held an informal discussion with Holy Cross Electric
representative Richard Brinkley regarding the upgrade of their line
between the substation on Metcalf Road to the substation in Eagle -Vail.
No formal action was taken.
Lot 12 Blk 2 BM @ BC - S.R.U. (Transfer of R.D.R. Is from Unassigned
Unit Pool) Continued from 11/6/86 Regular Meeting Public Hearing
Wood stated that this application was continued from the November 6,
1986 regular meeting. One of the reasons for the continuation was a
revision to the original application which required a transfer of 4
residential development rights (RDR's) from the unassigned unit pool to
Lot 12. The revised application required the transfer of 8 RDR's from
the unassigned unit pool to Lot 12. One of the reasons for the
revision was that in going through and checking the records, Staff
found that 8 RDR's had originally been transferred from Lot 12, leaving
4 development rights on the site. Benchmark Companies records showed
that they had transfered 4 RDR's from Lot 5, Block 1, to Lot 7, Block
1, but this never occurred. When the Lot 5 area was replatted and the
excess RDR's went into the unit pool, the 4 RDR's from the Lot 5 to Lot
7 transfer should have gone into the unit pool as well, resulting in a
total of 8 RDR's in the unit pool instead of 4. Staff feels that these
records are now correct and this transfer will now take all of the
units from the unassigned pool. Staff recommends approval of the
transfer.
Allan Nottingham, applicant was present for discussion.
Blair then opened the public hearing.
There being no one wishing to be heard, Blair closed the public
hearing.
Discussion followed on the unit pool and RDR's to be transferred.
Donaldson motioned to adopt Resolution 86-5 approving and recommending
Town CounLil approval, to transfer 8 RDR's from the unassigned unit
pool to Lot 12, Block 2. The Special Review Use complies with Sections
17.20.020 and 17.20.040, Findings Required and Criteria for Approval.
Maddox seconded.
Passed unanimously.
Planning & Zoning Meeting Minutes
December 2, 1986
Page 2 of 3
Nottingham Ranch/Stockyard Property Annexation Commonly referred to as
Stockyard Property & Nottingham Station - Zoning Re nest & Subdivision
Sketch Plan Public Hearing
Blair stepped down to make presentation and Vice Chairman Donaldson
presided over this item.
Wood stated that Nottingham Ranch Company submitted a petition to the
Town Council for the annexation of a parcel of land on the east side of
Avon Road between the railroad tracks and the Eagle River. This is
commonly referred to as the Stockyards property. Along with this
annexation petition, there was also an annexation agreement and a
request for resubdivision and rezoning which involved the Nottingham
Station property, which is currently in the Town. The agreement was
submitted by the owners of the property.
The zoning change and petition and notice of public hearing was mailed
prior to the previous Council meeting at which this was considered. A
public hearing was scheduled for this meeting with regard to the
requested zoning action. On reviewing the annexation petition and
agreement, the Town Council did not act on either the petition or
agreement, but did request that some changes be considered in the
annexation agreement, such as deletion of paragraph 2.3; designation of
Lot 2 as a dedicated public street right-of-way; designate the allowed
uses for Lot 3 as public open space and drainage with provisions for
future dedication as Riverfront park; revise proposed zoning/land use
for Lot 4 to SPA to conform with current zoning designation; and
designate the portion of Lot 1 located on the west side of a line
between the easterly right-of-way of Avon Road at the north
right-of-way of the D & RGW Railroad and the easterly intersection of
Highway 6 and Avon Road rights-of-way as Avon Road right-of-way. Wood
explained that with no action on this application, it is inappropriate
to act on it without the petition being accepted by the Town Council,
and based on previous advice from the Town Attorney, it is
inappropriate for the Commission to consider the zoning request until
it has progressed to that point. Staff has recommended cancellation of
this particular item and the public hearing on the agenda.
Discussion followed.
Maddox motioned to cancel the public hearing for the rezoning
submission of Nottingham Station/Stockyards.
Mike Blair, representative of petitioners stated that he would request,
rather than a cancellation of the public hearing, that this item be
continued because the process has been started and will be back before
the Commission as soon as the Council has some questions answered.
Lengthy discussion followed on the legality of cancelling or continuing
the application and public hearing.
Donaldson then asked for a second to the motion.
Cuny seconded.
Motion did not carry.
Mayor Allan Nottingham spoke from the audience and stated that he felt
that since the notices were published, the public hearing should be
opened, and if there are not any people present to speak about the
public hearing, the application should be continued.
Discussion followed.
Reynolds motioned to continue the public hearing until the next meeting
of the commission so that all adjacent property owners could be
renotified and the public hearing notices posted, pending action of the
Town Council on December 9, 1986.
Planning & Zoning Meeting Minutes
December 2, 1986
Page 3 of 3
Nottinqham Ranch/Stockyard Property Annexation - Zoning Request &
Subdivision Sketch Plan, Public Hearing. Con t.
Discussion followed.
Gersbach seconded.
Blair abstained.
Motion carried.
Reading & Approval of P & Z Minutes of 11/18/86 Regular Meeting
Blair rejoined Commission discussion.
Donaldson motioned to approve the minutes of the November 18, 1986
regular meeting as submitted.
Cuny seconded.
Passed unanimously.
Other Business
Donaldson reviewed Zoning Code revisions with Commission.
Discussion followed on restaurant parking requirements and definitions
for mobile homes.
Wood suggested that a more complete summary of changes be submitted for
the public hearing and for Town Council review.
There being no further business to discuss, Donaldson motioned to
adjourn the meeting.
Cuny seconded.
Passed unanimously.
Meeting adjourned at 10:35 PM.
Recb#di
fully
. Lach 6%
secretary
Commission Approve
M. Blair
P. Cuny
T. Landauer /
J. Maddox
M. Donaldso
C. Gersbach L
A. Reynolds
Date E��i�