TC Res. No. 2008-27 Formally designating the nottingham powerplant as a historic and cultural landmark pursuant to the provision of chapter 17.50 of the Avon muni code TOATOWN OF AVON, COLORADO
RESOLUTION NO. 08-27
SERIES OF 2008
A RESOLUTION FORMALLY DESIGNATING THE NOTTINGHAM
POWERPLANT AS A HISTORIC AND. CULTURAL LANDMARK, PURSUANT
TO. THE PROVISIONS OF CHAPTER 17.50 OF THE AVON -MUNICIPAL
CODE, TOWN OF-AVON, COUNTY OF EAGLE, STATE OF COLORADO, AND
SETTING FORTH DETAILS IN REGARD THERETO
a
WHEREAS, the Historic Preservation Advisory Committee was established in 2005
for the purpose of promoting historical preservation for the Town of Avon, to promote..
public health, safety and welfare through the protection 'and preservation of the Town's
historic and cultural heritage; and,
WHEREAS, the Nottingham Power Plant was listed in the Colorado State Register of
Historic Properties in 2006 thereby giving formal recognition of the property's
contribution to'the, heritage of the State of Colorado; and,
WHEREAS; the Town Council- approved Ordinance 08704, adding a new Chapter to
the Avon Municipal' Code, 17.50, titled Historic andlor Cultural Preservation
Designated, setting forth a process to nominate Historic and/or Cultural Landmarks
within the Town of Avon; and
WHEREAS, the 2006 Town of Avon Comprehensive Plan contains the following
policies related to the Historic and/or Cultural Preservation Ordinance:
Policy D.3.6: "Maintain existing elements that contribute or reflect the
heritage of the community and include forms and materials that reflect
this heritage in new designs."
Policy E.3.2: "Strengthen the tourism potential within Avon by
working collaboratively with organizations through the community to
capitalize upon Avon's unique recreational and cultural assets and
heritage."
WHEREAS, the Historic Preservation Advisory Committee submitted a nomination to
the Planning and Zoning Commission for the Nottingham Power Plant (the Plant) to-be
listed as a Historic and Cultural Landmark, citing the following findings:
1. The Plant has been in existence for over 50 years,
2. The Plant is a point of interest reflecting the economic and
cultural. development of the Town of Avon, and
3. The Plant is associated with important .individuals who
contributed significantly to the cultural life of the community;
and
WHEREAS, the Planning and Zoning Commission held a public hearing at their June
17, 2008 meeting, as required by the Avon Municipal Code, to. consider. the Nottingham
Power Plant as a Historic and Cultural Landmark; and
WHEREAS, the Planning and Zoning Commission found the Nottingham Power Plant
eligible for Landmark Designation, meeting the eligibility. requirements outlined in
Section 17.50.20 of the Avon Municipal Code; and
WHEREAS, the Planning and Zoning Commission unanimously approved Resolution
No. 08-05, recommending approval of this Landmark designation;
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of
Avon hereby approves Resolution No. 08-27 and thus designates the Nottingham Power
Plant for listing as a Town of Avon Historic and Cultural Landmark.
ADOPTE DAY OF JULY, 2008.
~O`NNOFA...
:SEAL:
~oioaPO~
A'
TOWN COUNCIL
OWN AVON, OLORADO
Ron C. Wolfe, Mayor
F. ICouncillResolutions120081Res 08-27 Nottingham Powerplant Designation.doc
ti
wMet-1.o
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
`From: Matt Pielsticker, Planner II /
Data: July 8, 2008 Meeting
Re: Resolution No. 08-27, Nottingham Power Plant
AVVI 0N
O L O R_A D O
Historic Preservation Advisory Committee Property Nomination
Summary:
Kim Nottingham, on behalf of the Avon Historic Preservation Advisory Committee,
submitted -a nomination for a structure to be considered for Historic Landmark
designation to the Planning and Zoning Commission. Acting in accordance with the
procedures outlined in Chapter 17.50 of the Avon Municipal Code (Exhibit ,C), the
Commission considered the nomination, and approved Resolution 08-05,
recommending approval of the nomination at their June 17, 2008 meeting.
A majority decision of the Council is now required for fnal approval. Please find the
nomination attached to this Memorandum (Exhibit A), which includes several
photographs of the subject property. It is important to note that the Nottingham Power
Plant was listed in the Colorado State Register of Historic Properties in 2006, and has
met several review criteria. at the state level. This is the first nomination from the
Historic Preservation Advisory Committee since Ordinance No. 08-04 was approved.
At their May 20, 2008 meeting, this nomination, was presented to the Planning and
Zoning Commission. Pursuant to direction from the Commission, public notices were
mailed to all property owners (or designated representatives) within'. 300' of the subject
property. To date, Staff has not received any public input on this nomination.
Historic Committee Background:
The Town Council expressed a value in historic preservation and stewardship of
historic sites when the Historic Preservation Advisory'Committee-was established in'
2005. The Historic Preservation Committee was formed by Resolution No. 05-13 on
May 10, 2005, and serves as an advisory Committee for the purpose of promoting
historical preservation in the Town.
The Committee meets quarterly and is charged with recognizing and recommending
historic landmark structures and properties to the Town Council. When the Committee
was formed, a "Heritage Fund" was created to fund their operation.
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The. Historic and Cultural Preservation Ordinance was approved on March 25, 2008 by
the Town Council upon second reading. The Ordinance establishes the processes
involved with nomination, and sets forth requirements for when a site or-structure is •
designated as a Historic Landmark.
Staff Recommendation:
Staff recommends that the Town Council approve Resolution No. 08-27 (Exhibit D),
approving .Historic and Cultural Landmark designation for the Nottingham Power Plant.
Available Actions:
1) Approve Resolution 08-27; or
2) Table Resolution 08-27; or
3) Deny Resolution 08-27.
Town Manager Comments:
Attachments:
Exhibit A: Nomination, dated April 28, 200,8 .
Exhibit B: Planning and Zoning Commission Resolution No.. 08-05
Exhibit C: Ordinance No. 08-04
Exhibit D: Town Council Resolution No. 08-27
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Town of Avon Historic Property Nomination Exhibit A
Name of Property: Nottingham Power Plant
Location of Property: Town of Avon parcel, North of Eagle River,
South'of Canyon Run condominiums on Hurd Lane
Location Status:
Present Owner:
Original location
Town of Avon
.Original Owner:
Emmett and Myrtle Nottingham-
Source of Information:
Nottingham Family
Eagle Valley Enterprise, 11 Dec 1980, p.17 .
Year of Construction:
1928
Source of Information:
Eagle Valley Enterprise,. 11 Dec 1980, p.17
.Historic Use of Property:
.Built_ in 1928, generated electricity until 1942
Current Use of Property:
Vacant/Not in use
-Access to Property:
No public access currently without crossing through
Canyon Run property. Future public access may be
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possible with extension of the river recreation path.
Designer/Builder:
Emmett and Myrtle Nottingham
Requesting Historic Landmark designation based upon the following, criteria:
a) has been in. existence for over. 50 years .
b) is a point of interest reflecting,the economic
and cultural development of the Town of Avon
c) is associated with important individuals who
contributed significantly to the.cultural life of
the community
Historic Significance Statement:
The 1928 Nottingham Power Plant is one of the few surviving remnants
of the pioneer and agricultural history of Avon. As such, it is one of the most
important historic resources left in Avon. In recognition of this facility's design
and construction, and its role as the source of electrical power for both the
Nottingham family ranch and the adjacent Avon depot of the Denver Et Rio
Grande Railroad, this nomination seeks the Historic Landmark designation for
the Nottingham Power Plant.
Although the facility is in ruins today, the waterwheel (its most defining •
feature) remains standing and two of, its walls -and the floor are deteriorated
but remain jn-place. The structure is unoccupied and surrounded by numerous
artifacts related to its original construction, layout, and operation. An
archaeological assessment, completed in 2006, is on file with the Town of Avon
Community Development department.
The Nottingham Power Plant was utilized from 1928 until 1942, when
rural electrification came to Avon.
History of the Property:
Emmett and Myrtle Nottingham.were married in 1923 and settled in Avon
on 35 acres of land owned by Emmett:: In the, summer of. 1927 the town of
Eagle received electricity from the Eagle River Electric Company. Avon was a
much smaller ranching community and would not receive electricity until 1942.
In 1928, 35-year-old Emmett and 30-year=old Myrtle decided they were tired of
waiting for electricity and the conveniences it provided so they took matters
into their own hands. With no formal training in engineering,: they designed
and built a privately-owned hydropower plant, which generated enough
electricity for their ranch and the nearby depot. The Nottinghams utilized the
power of ,the-current-of the Eagle River and creatively-engineered the plant on
the north bank of the river. The power plant was originally.:designed for. AC
power, but with the fluctuating, water flows it was converted to DC power
generation in order to provide more consistent electricity. The Avon Depot' paid'
$5 per month, for electric power. .
Other Historic Designation:
30 November 2006 - Nottingham Power Plant site was listed in the
Colorado State Register of Historic Properties in .recognition of the property's
contribution to the, heritage of the State of Colorado.
Nomination Submitted by:
Kim Nottingham on behalf of the Avon Historic Preservation Committee
PO Box 888, Eagle, CO 81658 Phone: 328.4970
09 June 2008
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PHOTOGRAPHS
Brace between Spokes of Paddle Wheel 10.18.07
View of Paddle Wheel and Gears 10.18.07
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One of the wooden paddles, Eagle River beyond 10.17.07
Name Plate on Original Generator 10.19.07
Exhibit B
TOWN OF "ON
PLANNING 8 ZONING COMMISSION Avo
RESOLUTION NO. 08-05 C O L O R A D O
A RESOLUTION RECOMMENDING APPROVAL OF THE
NOTTINGHAM POWER PLANT AS A HISTORIC AND CULTURAL
LANDMARK, PURSUANT TO THE PROVISIONS OF CHAPTER 17.50
OF THE AVON MUNICIPAL CODE, TOWN OF. AVON, COUNTY OF
EAGLE, STATE OF COLORADO, AND SETTING FORTH DETAILS IN
REGARD THERETO
WHEREAS, the Historic Preservation Advisory Committee was established in 2005 for
the purpose of promoting historical preservation for the Town of Avon, to promote public
health, safety and welfare through the protection and preservation of the Town's historic
and cultural heritage; and,
WHEREAS, the Nottingham Power Plant was listed in the Colorado State Register of
Historic Properties in 2006 thereby giving formal recognition of the property's is
contribution to the heritage of the State of Colorado; and,
WHEREAS, the Town Council approved Ordinance 08-04, adding a new Chapter to the
Avon Municipal Code, 17.50, titled Historic and/or Cultural Preservation Designated,
setting forth a process to nominate Historic and/or Cultural Landmarks within the Town
of Avon; and
WHEREAS, the 2006 Town of Avon Comprehensive Plan contains the following policies
related to the Historic and/or Cultural Preservation Ordinance:
Policy D.3.6: "Maintain existing elements that contribute or reflect the
heritage of the community and include forms and materials that reflect
this heritage in new designs."
Policy E.3.2: "Strengthen the tourism potential within Avon by working
collaboratively with organizations through the community to capitalize
upon Avon's unique recreational and cultural assets and heritage."
40
WHEREAS, the Historic Preservation Advisory Committee submitted a nomination to the
• Planning and Zoning Commission for the Nottingham-Power Plant (the Plant) to be listed
as a Historic and Cultural Landmark, citing the following findings:
1._. _ The Plant has been in existence, for over 50. years,
2. The Plant is- a point of interest-reflecting.. the economic and
cultural development of the Town of Avon, and
3. The Plant' is associated with important individuals who
contributed significantly to the,cultural .life of the community-
and.
WHEREAS,.the Planning and Zoning Commission held a public hearing. at their. June 17,
2008 meeting, as required by the.Avon Municipal-Code, to consider the Nottingham
Power Plant as a Historic and Cultural Landmark; and
WHEREAS, the Planning and Zoning Commission finds the Nottingham Power Plant
eligible for Landmark besignation, meeting the eligibility requirements outlined in Section
17.50.20 of the Avon Municipal Code.
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission of.
• the Town of Avon hereby recommends approval to the Avon Town -Council 'of the
Nottingham Power Plant for listing as a town Historic and Cultural. Landmark.
ADOPTED THIS 17th DAY OF JUNE, 2008
Signed:
Date:
Chair
Attest:
Date:
Secretary
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EXIMIT C
TOWN OF AVON
ORDINANCE NO. 08-04
Series of 2008. _ '
AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE
TOWN OF AVON, ADDING A NEW CHAPTER, 17.50, AND ADDING
DEFINITIONS TO CHAPTER 17.08; AND SETTING. FORTH DETAILS IN
REGARD THERETO .
NOW THEREFOR, WIT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, EAGLE COUNTY, COLORADO: -
Section 1. Amendment. Section 17.08, "Definitions" of Title 17,, Avon Municipal
Code, is amended by the addition~of the following definitions:
Historic Preservation Committee. means a five-person advisory committee, appointed
by the Town Council to make recommendations and findings regarding historic sites, .
structures or features in the Town of Avon.
Historic and/or Cultural Landmark means a site and/or structuredesignated as an
Hstoric landmark by the Historic Preservation Committee within the Town of Avon.
Section 2. Amendment. Title 17, Avon MunicipalCode, is amended by the addition
of a Chapter 17.50 as follows:
CHAPTER 17.50
Historic and/or Cultural Preservation Designated
17.50.010: Intent and Purpose.
The purpose and intent of this Chapter is the promotion of the health, safety and
welfare of the residents of the Town of Avon through the regulation of historic and/or
cultural sites. and structures in order to:
(a), Foster civic pride in the beauty and accomplishments of the post; and,
(b) Protect and enhance.the Town's attraction to tourists and visitors and
increase the quality of life. of the residents; and,
(c) Promote the use of historical or architectural sites, structures and objects
for the education and welfare of the residents of the town; and,
(d) Promote and encourage private ownership, stewardship and utilization of
such sites, structures and objects; and,
(e) Integrate, historic, preservation with the Town of Avon Comprehensive
Plan; and,
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(f) Maintain the Town's unique character by recognizing the importance of
preservation and renewing the Town's legacy for present- and future
generations; and,
(g) , Discourage the unnecessary demolition of historic and/or cultural
resources; and,
(h) Provide incentives for the continued use of historic and/or cultural
resources and facilitate their appropriate stewardship and reuse; and,
(i) Encourage the conservation of.historic settings and.landscapes; and ; .
(j) Promote, retention of historical integrity in the context of proposed. land
use.
17.50.020: L9nd.mark Designation.
A site or structure may be eligible for Historic and/or Cultural Landmark 4esignation
if it has been in existence for at least 50 years or meets' any of the following criteria:
(a) Historic significance:
(i) Has character or is a point of interest that reflects the heritage
and political, economic and/or social history or cultural development
of the Town, the state or the nation; and,
(ii) Is associated with historical persons or groups or represents
important events in national, state or local history; and,"
(iii) Is associated with an important individual or group who
contributed in significant ways to the political; social and/or cultural
life of the community; and,
(iv) Has prehistoric interest or information.
(b) Architectural significance:
(i) Characterizes a style associated with a~particular era; and,
(ii) Has a -strong or unique relationship to other areas potentially
eligible for preservation; and,
(iii) Is, architecturally unique or innovat ive; and,
(iv) Has visual symbolic meaning or appeal.. for the community or,
due to its unique location or singular, characteristics, represents
established and familiar visual features of the neighborhood or
community.
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17.50.030. Procedure for Landmark Designation.
The "Historic Preservation Committee, shall recommend "Historic and/or Cultural
Landmarks to the Planning and Zoning Commission. A,public "hearing is required
with the Planning and Zoning Commission, who will then recommend to Town;
Council sites or structures for Historic and/or; Cultural Landmark. designation. The
recommendation shall identify the criteria forming the basis of the recommendation,
and shall ' include all pertinent information. related to "the site or building supporting
the designation.
The Town Council will approve or disapprove Historic and/or Cultural Landmark
designation after public hearing; at which-the owner of the". site or structure and
interested persons shall have an opportunity to be heard. 'A majority decision of the
Town Council is required for nomination... .
17.50..040.. Incentives.
The benefits of Historic Landmark designation may include the following:
(a) Waiver of building permit fees; and,
(b) Local property tax credits; and,
(c) Preservation; maintenance or relocation assistance, and other .
incentives as deemed necessary by the Town Council; and,
(d) Other appropriate incentives; also as determined- by the Town Council. .
17.50A50. Review of plans for sites and structures having designation.
Any, application for any permit which includes'the exterior alteration, relocation or
removal of a site or structure designated as a Historic and/or Cultural Landmark must
be reviewed by the Planning and Zoning Commission for recommendation of .
approval "or disapproval to the Town Council on the basis of the following criteria.
The Town Council shall approve or disapprove'the application after public hearing at
which the landowner and interested persons have.an opportunity to be heard.
(a) Criteria for alteration of a site or structure:
(i) Whether the architectural of historical character will itself 'be
materially altered so as to negatively impact the Historical Landmark;
and,
(ii) Whether the architectural style and arrangement and the texture
of the exterior surface materials of the. existing structure and the
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proposed alteration appropriately relate to each other and' to other
structures in the vicinity; and,
(iii) Whether the alteration will negatively change ''or.destroy the
exterior architectural features and details of the structure; and,
(iv) The effect of the_ proposed alteration on the protection,
enhancement, perpetuation and use of the Historic Landmark.
(b) Criteria for relocation of a structure: ql
(i) Significance of the original-site; and,
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(ii) Whether the structure can be rehabilitated or used on its
original site consistent with the reasonable and beneficial use of the
property; and,
(iii) . Whether the proposed site is compatible with or detracts from
the importance of the Historic Landmark, and,
(iv) Whether the structure can be moved without causing
significant damage to its physical integrity;. and,.
(v) Whether the relocation of the structure is necessary to prevent
undue hardship on the property owner.
(c) Criteria-for removal of a structure:
(i) Whether the structure presents an imminent hazard that cannot
otherwise be properly mitigated; and,
(ii) Whether the structure can reasonably be rehabilitated and
maintained in its present'location and the significance of the original
site;• and,'
(iii) Whether relocation of. the structure is reasonably possible or
practical; and,
(iv) Whether the structure can be rehabilitated or used on its
original site consistent with the reasonable and beneficial use of the
property; and,
(v) Whether the removal of the structure is necessary - to . prevent
undue hardship on the property owner.'
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17.50.060. Standards governing approval of development plans for sites and
structures having designation.
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Any approved development plan including the alteration, relocation or removal of a
Historic and/or Cultural Landmark shall be deemed to incorporate the following
standards except to the extent they are determined not to be applicable by the -Town
Council:
(a) The most current version of the Secretary of the Interior's Standards
for rehabilitation of Historic Structures,. as amended, shall be used as a
guideline in carrying out any plans 'involving the alteration of. Historic
Landmarks; and,
(b) The Historic and/or Cultural Landmark- shall be continue to be used in
a manner consistent with its original purpose or a compatible purpose, so long
as such use does not violate any of the provisions of this Code; and,
(c) The historic-, character of the Historic and/or, Cultural Landmark shall
be maintained by avoiding the removal or alteration of features important to
such character; and,
(d) The use of original materials is encouraged. Distinctive and unique
features, finishes, materials and examples of craftsmanship should be retained
and preserved. Repairs and replacement of such features should match the
original in color, shape, texture and design. Replacements should be fully
documented with pictori al or"physical evidence and a copy of'such evidence
filed with the Town; and,
(e) Where possible, additions and expansions shall be differentiated from
the existing structure so as to protect the Historic Landmark's historic •
integrity. Additions and expansions shall also be undertaken in such a manner
that their removal in the future would not destroy the form or' integrity of the
original structure.-
17.50.070.. Removal of Historic Landmark designation.
The Town. Council, after public hearing at which the owner of the Historic and/or
Cultural Landmark and interested persons shall have an opportunity to be heard, may
remove Historic and/or Cultural Landmark designation from a site or structure, based
upon one or more of the following findings:
(a) The Historic and/or Cultural Landmark designation creates undue
hardship for the owner; and,
(b) The structure is an imminent hazard to the health and safety of the
public despite the owner's efforts to properly maintain it; and,
(c) The structure is structurally unsound despite. the -owner's efforts to
properly maintain it.
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• INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 11 th day of March, 2008, and a public hearing on this
ordinance shall be held at the regular meeting of the Town Council on the 25`h day of
March, 2008, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400
Benchmark Road, Avon, Colorado.
~o~NN ~F A~~ti C
Ronald C. Wolfe, Mayor
SEAL:
ATTEST:
`
s4 C
atty cKe own Clerk
INTRODUCED, FINALLY APPROVED, AND PASSED ON
SECOND READING, AND ORDERED POSTED the day of
12008.
• a~o~N OF AU~N•
~S ' onald C. Wolfe, Mayor
ATTEST:
acc. ~ ~c
Patty K~zmy, To Clerk
APPROVED AS TO FORM:
Jo W. Dunn, Town Attorney
6
Exhibit D
TOWN OF AVON •
RESOLUTION NO.08-27
-SERIES OF 2008
A RESOLUTION FORMALLY DESIGNATING-THE
NOTTINGHAM POWERPLANT AS A HISTORIC AND
CULTURAL LANDMARK, PURSUANT TO THE PROVISIONS OF
CHAPTER 1750 OF THE AVON MUNICIPAL CODE, TOWN OF
AVON, COUNTY OF EAGLE, STATE OF COLORADO, AND
SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, the Historic Preservation Advisory Committee was established in 2005
for the purpose of promoting historical preservation for the Town of Avon, to promote
public health, safety and welfare through the. protection and preservation of the Town's
historic and cultural heritage; and,
WHEREAS, the Nottingham Power Plant was listed in the Colorado State Register of.
Historic Properties in 2006 thereby giving formal 'recognition of the property's
contribution to the heritage'of the State of Colorado; and,
WHEREAS, the Town Council approved Ordinance 08-04, adding a new Chapter to
the Avon Municipal Code, 17.50, titled Historic and/or Cultural Preservation
Designated, setting forth a process to nominate Historic and/or Cultural Landmarks
within'the. Town of Avon; and
ontains the following
WHEREAS, the 2006 Town of Avon Comprehensive Plan contains'-the'
policies related to the Historic and/or Cultural Preservatiori-Ordinance:
Policy D.3.6: "Maintain existing elements that contribute or reflect the
heritage of the community and include forms and materials that reflect
this heritage in new designs."
Policy E.3.2: "Strengthen the tourism potential. within. Avon by
working collaboratively with organizations through the community to
capitalize upon Avon's unique recreational and cultural assets and
heritage."
U
r
WHEREAS, the Historic Preservation Advisory Committee submitted a nomination to
the Planning and Zoning Commission for the Nottingham Power Plant (the Plant) to be
listed as a Historic and Cultural Landmark, citing the following findings:
1.. The Plant has been in existence for over 50 years,
2. The Plant is a point of interest reflecting the economic and
cultural development of the Town of Avon, and
3'. The. Plant is associated with important individuals who
contributed significantly to the cultural life of the community;
and
WHEREAS, the Planning and Zoning Commission held a public hearing at their June
17, 2008 meeting, as required by the Avon Municipal Code, to consider the Nottingham .
Power Plant as a Historic and Cultural Landmark; and
WHEREAS, the Planning and Zoning Commission found the Nottingham Power Plant
eligible for Landmark Designation, meeting the eligibility requirements outlined in
Section 17.50.20 of the Avon Municipal Code; and
WHEREAS, the Planning and Zoning Commission unanimously- approved Resolution
® No. 08-05, recommending approval of this Landmark designation;
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of
Avon hereby approves Resolution No. 08-27 and thus designates the Nottingham Power
Plant for listing as a Town of Avon Historic and Cultural Landmark.
ADOPTED THIS DAY OF JULY, 2008.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Mayor
ATTEST:
Town Clerk
• F: ICouncd ResolutionsOOO Res 08-27 Nottingham Powerplant Designation.doc