Loading...
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. 1 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. 1 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 1 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 2 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. 3 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. 4 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) ) 1 | Page Planning and Zoning Commission Rules of Procedure (April 2013) Planning and Zoning Commission Rules of Procedure April 2013 2 | Page 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 3 | Page 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 4 | Page 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. 5 | Page 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) 6 | Page 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). 7 | Page 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. 8 | Page 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 9 | Page 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. 10 | Page 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) 11 | Page 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. 12 | Page Planning and Zoning Commission Rules of Procedure (April 2013) F. Items removed from the Consent Agenda shall be reviewed in the order that would pertain to that type of application as is outlined in Sections 24 and 25. 24. Regular Application Items (Non-Public Hearings) The following process shall be utilized for all regular application items that are not specifically designated as public hearings and may be amended by the Chair at their discretion, subject to the right of the Commission to overrule the Chair: A. The Chair opens the hearing. B. Staff introduces the application and may provide a summary of the staff analysis. C. The Commission asks questions of the staff concerning the staff analysis or procedure of the application. D. The applicant or applicant's representative presents the applicant’s evidence in support of the application. D. The Commission asks questions of the applicant (or applicant’s representative) concerning the application. F. Audience participation and comment may only be allowed at the discretion of the Chair, subject to the right of the Commission to overrule the Chair. If comment is allowed, it shall take place prior to Commission comments; shall be allowed equally for all participants; and shall allow for an opportunity for the applicant to respond to any opposition comments. G. The staff is given the opportunity to rebut any evidence presented by the applicant or the public, and make its final comments. H. The applicant is given the opportunity to rebut any evidence presented by the staff or the public, and make its final comments. I. The Commission members are given a second opportunity to examine any witnesses and the applicant, and to discuss the request. J. Members of the Planning Commission make individual comments concerning the application. The analysis, as presented by the staff, and testimony, as presented by the applicant, may be discussed by the Commission. K. The Chair shall ask if any motions to accept or change the staff analysis and recommendation are to be made. Motions shall be made pursuant to Section 17. L. The Commission shall then vote on the proposed motion, including any and all additional, specific findings and conditions to be placed upon the application if approved. The vote from the Commission shall be pursuant to Section 18. 25. Regular Application Items (Public Hearings) The following process shall be utilized for all regular application items that are not specifically designated as public hearings and may be amended by the Chair at their discretion, subject to the right of the Commission to overrule the Chair: A. The Chair opens the public hearing. 13 | Page 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 14 | Page 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 15 | Page 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. 16 | Page 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.