PZC Minutes 060110`�' Town of Avon Planning & Zoning Commission
`" ` Meeting Minutes for June 1, 2010
Avon Town Council Chambers
Meetings are open to the public
AVON
Avon Municipal Building / One Lake Street
WORK SESSION WITH TOWN ATTORNEY (5:OOpm)
I. Recent land use cases and decisions in Colorado
Discussion: Eric Heil, Town Attorney, presented an overview of Zoning. He highlighted the
major eras of zoning restrictions: Nuisance Laws, Private Covenants, Euclid vs. Abler Realty,
and Colby vs. Denver Board of Adjustments
Eric Heil next discussed Zoning Authority and their associated limitations. The presentation
further discussed case law and how it affects Land Use Law in Colorado.
Commissioner Green thanked Eric for the presentation and stated that the clarification on the
"Takings" issue was extremely beneficial. He highlighted Commissioner Prince's questions on
whether or not a height reduction is a taking.
Commissioner Prince questioned the "political zoning" item that Eric brought forth. Eric stated
that land use law is only as progressive as the political will of communities. He stated that the
best case law is from governments that have the political will to do a public good regardless of
potential lawsuits.
REGULAR MEETING
II. Call to Order (6:OOpm)
IV
u
u
VII
The meeting was called to order at 6:25 pm.
Roll Call
All Commissioners were present, with the exception of Commissioner Roubos
Additions and Amendments to the Agenda
There were no additions or amendments to the agenda.
Conflicts of Interest
There were no conflicts of interest to disclose.
Consent Agenda
• Approval of the May 18, 2010 Meeting Minutes
Action: Commissioner Struve moved to approve the amended consent agenda.
Commissioner Green seconded the motion and it passed 6-0.
ZONING (PUBLIC HEARING)
ZaccaZa Special Review Use (SRU)
Property Location: Lot 2, Filing 1, Village at Avon
Applicant: Cody Kennedy, Manager/ Owner: Traer Creek —1-2 LLC
Description: An annual review of an SRU permit first issued in 2009 which permits outdoor
amplified sound for live music on the property from 12:00 pm until 10:00 pm during the
summer months and early autumn until the weather changes and renders such use unviable.
The SRU was granted on the condition that it is reviewed by the Commission on an annual
basis.
Discussion: Matt Pielsticker updated the Commission on the previous approval specifically the
condition of the re -review in one year.
Commissioner Green questioned if there was
permit. Matt Pielsticker responded that this
amplified sound at the subject property.
currently an application for an amplified sound
was the first step of the process to allow for
Commissioner Patterson questioned why the Resolution had Cody Kennedy as the applicant.
Matt Pielsticker responded that the Resolution could be updated to reflect ZaccaZa as the
applicant. Commissioner Patterson also questioned why there was not a date certain for the
re -review.
Commissioner Goulding clarified that the resolution should reference the SRU versus the
amplified sound permit. He suggested that the Resolution be revised to include December 31,
2010 as the expiration and/or rereview date. Commissioner Patterson suggested a full year
that would end on May 31, 2010 for that date.
Commissioner Green stated that this approval will allow the use of amplified sound in the
outside areas of the restaurant.
The Public Hearing and Comment section was opened.
The Public Hearing and Comment section was closed due to no public being present.
Commissioner Anderson stated he was comfortable with the use and suggested that the SRU
condition #2 as outlined in Resolution 10-02 be through December 315`, 2012.
Commissioner Prince stated that December 3151, 2011 would be a better review period.
Commissioner Patterson stated that a one year time frame was acceptable.
Commissioner Struve agreed with Commissioners Prince and Patterson. He questioned if the
SRU was transferrable to a future tenant. Staff responded that it was not transferable.
Commissioner Green stated that the use was good and he felt the applicant has tried to
address the concerns of the public stated during the original review. He also agreed with the
one year review.
Commissioner Goulding stated that he agreed with Staff's responses to all criteria of review
Action: Commissioner Green moved to approve Resolution 10-02 with Staff conditions #1, 3,
and 4, while condition #2 be modified to include a rereview/expiration of the SRU on May 31",
2011. He also stated that the applicant be revised to use the business name, instead of Cody
Kennedy. Commissioner Patterson seconded the motion. Commissioner Goulding suggested
that the owner of the business and the business name be used as the applicant to further
specify incase ZaccaZa is sold and the name remains the same. Both of the motionees
accepted the modifications to their motion. It passed 6-0.
VIII. Other Business
• Avon Development Code at next review
IX. Adjourn
The meeting was adjourned at
W. Todd Go
Chairperson
Phil Struve
Secretary
� -/S 7