PZC Minutes 072010Town of Avon Planning & Zoning Commission
Draft Meeting Minutes: July 20, 2010
VON Avon Town Council Chambers
Meetings are open to the public
C 0 L 0 R A D 0 Avon Municipal Building / One Lake Street
REGULAR MEETING
I. Call to Order (5:OOpm)
The meeting was called to order at 5:03pm.
II. Roll Call
All Commissioners were present, with the exception of Commissioner Anderson.
III. Additions and Amendments to the Agenda
There were no additions or amendments to the agenda.
IV. Conflicts of Interest
There were no conflicts of interest to disclose.
V. Consent Agenda
a. Approval of the July 6, 2010 Meeting Minutes
Action: Commissioner Struve moved to approve the consent agenda as modified.
Commissioner Roubos seconded the motion and it passed 4-0, with Commissioners Prince
and Goulding abstaining due to their absence.
VI. Ordinances (PUBLIC HEARING)
Description: Ordinance No. 10-12, Series of 2010, will amend the Avon Municipal Code to (1)
prohibit business licenses for a "Medical Marijuana Business", (2) prohibit the use of land for a
Medical Marijuana Business, and (3) de -criminalize the possession of medical marijuana by
medical marijuana patients. The Town Council passed this ordinance on first reading on July
13, 2010 and has scheduled a public hearing and second reading by Town Council on July 27,
2010. (Eric Heil, Esq., Town Attorney)
Discussion: Eric Heil overviewed the memorandum provided to the Commission.
Commissioner Green questioned the process that needed to occur and if any action was
necessary. Eric Heil outlined the first reading of ordinance that occurred at Council and the
PZC review and required motion of recommendation.
Commissioner Struve asked if this was in the new code or old code. Eric Heil responded that
if approved by Council this will be located in the old code.
Commissioner Green stated that it was not clear in the provided packet what action staff
wanted from the Commission. He clarified that the information indicated that this was solely
for information purposes.
Commissioner Roubos stated her concerns over the reasons for the recommendation that was
requested.
Commissioner Goulding discussed the necessity for review of all code text amendments and
land use modifications.
Commissioner Green suggested that the commission take no exception to these regulations.
Commissioner Patterson stated that he had no objection to the regulations proposed for Title
17, specifically those found in sections 5, 6, and 7 of the proposed ordinance.
Eric Heil stated that the policy from Town Council is that Medical Marijuana should not be
allowed in the Town and that the Planning and Zoning Commission needs to review to ensure
these regulations will help the PZC to uphold these standards.
Commissioner dialogue ensued to further discuss what the PZC's role is in the review of the
proposed language.
The Public Hearing was opened.
Dominic Mauriello, 5601A Wildridge Road, commented that he feels there is misinformation
being provided from the Town Staff. He stated that if the PZC believes that Medical Marijuana
is appropriate in Town then the PZC has the opportunity to make that known at this time.
The Public Hearing was closed.
Commissioner Prince stated he thinks that both sides of the argument are not being presented
to the PZC. He stated that his role is to evaluate both sides of the coin and that he can not do
that with the information provided.
Commissioner Patterson stated his opinion that Land Use is in the PZC's realm and that the
PZC does not make legislative decisions, contrary to what Dominic stated.
Commissioner Green stated that the proposed regulations are manageable for the PZC to
regulate, contrary to his personal beliefs on this particular issue.
Commissioner Struve stated that he agreed with Commissioner Green. He did have concerns
that the provided language will allow the Town to adopt rules that would outlaw other
businesses.
Commissioner Roubos stated she didn't have enough information to evaluate the Ordinance.
She felt that more time would be necessary for a proper review.
Eric Heil clarified the history of Medical Marijuana regulations in Avon and the State of
Colorado. He overviewed case law in Colorado that allowed for moratoriums in order to adopt
regulations. He further clarified that if the PZC was not comfortable making a motion then the
Town Council could approve an emergency Ordinance to extend the moratorium.
Commissioner Goulding stated that certain uses in town are currently outlawed, for example
adult entertainment services and heavy industry. He stated that he doesn't take exception to
these regulations. He did question if there were any comments received on this item. Eric
Heil stated that less than a handful of public comments have been received by the Town Clerk.
Commissioner Goulding questioned why Commissioner Prince would like to hear both sides of
the story. Commissioner Prince stated that he would like to take an open approach and try to
understand why other municipalities and communities have allowed these businesses.
Action: Commissioner Green moved to "take no exception to the Town Council Ordinance No.
10-12, Series of 2010" noting that Sections 5, 6, and 7 provide manageable language related
to Title 17."
Commissioner Struve seconded the motion.
Commissioner Patterson questioned the meaning of "taking no exception." Commissioner
Green further described his reasoning for the terms "take no exception".
Commissioner Patterson suggested that the language be amended from "take no exception" to
"take no position".
Both Commissioners Green and Struve accepted the modification to the motion. The motion
passed with a 5-0 with Commissioner Prince abstaining.
VII. Other Business
a. Commissioner questions of staff regarding section 17.28.090 Temporary suspension of
building permits (AMC).
Discussion: Matt Gennett overviewed the Avon Development Code (ADC) process including
the numerous meetings conducted with the Zoning Advisory Committee, Planning and Zoning
Commission and Town Council. He outlined the recommendation of approval from the PZC
and stated that the recommendation of approval made by the Commission to Council on July 6
triggered the subject section found in Title 17, Zoning (AMC).
Eric Heil then discussed the recommendation made by the Commission on July 6 and the
AMC sections that regulate temporary suspensions of building permits and revocation of
building permits.
Commissioner Green suggested that the PZC can make a recommendation to Council on the
language of the existing code.
Commissioner Goulding separated the two issues on the table: the action of the Commission
recommendation of approval to Council of the Avon Development Code (ADC); and the
pertinent, corresponding Code language in the existing Municipal Code that was adopted by
ordinance in 1991.
Commissioner Struve questioned whether or not the Commission currently proceeds in
accordance with Robert's Rules of Order. Eric Heil stated that he was unaware of whether the
PZC or Town Council worked under these rules. Commissioner Struve stated that it is
possible to rescind a motion under these rules.
Commissioner Roubos stated that there was never an understanding that once the PZC made
a recommendation of approval to Council regarding the new ADC, a moratorium on
development would then be in effect. Eric Heil responded that a moratorium is not the proper
term since building permits can still be applied for and approved under certain situations.
Eric Heil overviewed the AMC Code sections that allow the Town to suspend or revoke a
permit. He further discussed Colorado Common Law, particularly the language about building
permits. He also discussed the ADC code language that would allow pending applications to
move forward.
Commissioner Patterson questioned the projected effective date.
Commissioner Struve questioned what an applicant would do today if they submitted an
application.
Commissioner Goulding restated and overviewed the process and what potential the
Commission has to help modify existing language in either the draft code or existing code.
Commissioner Goulding stated that the intent in the '91 ordinance was to stop a bum's -rush on
less restrictive development standards. He also commented that the new code is intended to
be a more developer-friendly/customer service oriented code.
Commissioner Struve questioned what it would take to revise or revoke 17.28.090. Eric Heil
stated that it would require an ordinance, but an emergency ordinance can be undertaken to
approve something in a single meeting.
Commissioner Green wanted to know exactly where the Town currently is process -wise and if
there is a moratorium on building permits. Eric Heil stated that an application that complies
with both the current code and the proposed code can still receive a building permit.
Commissioner Prince asked what would happen if the Town Council changed the
development standards and how that would take effect.
Buzz Reynolds, citizen and builder, questioned if the PZC had all the information to review the
proposed ADC. He further questioned whether the PZC would have made the same
recommendation as they did on July 6 if they knew then what they know now.
He went on to state that this whole thing is a mess and it needs to be resolved.
Tripp Plavec, citizen of Avon, stated his opinion that the code the PZC recommended to
Council for adoption is a mess. He stated his belief is that the new regulations would render
future designs undevelopable. He questioned whether the new regulations would be able to
be waived for existing Platted lots. Sally Vecchio stated that existing platted conditions can
result in having certain development standards waived if they are found unreasonable.
Tripp Plavec stated that further regulations on existing platted lots should not be approved. He
stated that the regulations are unfair because everyone who developed before the new code
got to do whatever they wanted to do at the time.
Dominic Mauriello, citizen of Avon, stated that the better forum for discussing changes to the
proposed ADC would be next week at Council. He further stated that the policy decision
should have been addressed prior to the recommendation of approval by the Commission. He
questioned how many times the policy was overlooked since it was adopted in '91. He
questioned the process and if the change would be required for a new application.
Commissioner Goulding stated that this board had no ability to change the existing code.
Dave Dantas, citizen of Avon, can PZC rescind the recommendation for the record.
Commissioner Struve stated that he believes the PZC can rescind their recommendation.
Commissioner Patterson questioned the process of an emergency ordinance. Eric Heil read
into the record the section of the code that regulates emergency ordinances.
Commissioner Goulding stated that one option would be for Council to act on an emergency
ordinance. He stated the other option would be for the PZC to move to rescind, but still he
would advise the Town Council to keep the status quo.
Commissioner Patterson stated that he would advise not to rescind due to the work put in and
unfortunately not everyone will be happy. He did suggest that the PZC recommend
modifications to 17.28.090 to Town Council for an emergency ordinance.
Commissioner Prince stated that he was happy that people now care about the land use code
updates.
Commissioner Roubos stated that she would like to keep the process moving, but resolve the
building permit issue and rescind Section 17.28.090.
Commissioner Struve stated that the obstacle hinders development and that rescinding the
recommendation and revoking 17.28.090 be addressed by Council.
Commissioner Green discussed the AIA policy position on code adoptions. He further stated
that there are no moratoriums on development while new codes are adopted across the
country. He further stated that 17.28.090 is archaic.
Commissioner Goulding stated that 90% of the comments are with regard to the transition into
the new Land Use Code. He stated that the best thing the PZC can do is to recommend to
Council that they amend the existing code.
Commissioner Struve requested a second legal opinion on the PZC's ability to rescind their
vote.
Commissioner Green then made a motion to: "in the strongest terms possible, the Planning
and Zoning Commission request that the Town Council adopt an emergency ordinance to
allow:
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I . Any complete application that has been submitted for approval prior to the effective date
of the Avon Development Code shall be reviewed in accordance with the ordinance in
effect on the date the application was deemed complete. Any re-application of an expired
project approval shall meet the standards in effect at the time of re-application.
2. Furthermore, Section 17.28.090 of the existing Municipal Code is repealed."
Commissioner Struve seconded the motion.
He then asked to modify the motion as follows:
"In the strongest terms possible, request the Town Council adopt an emergency ordinance to
allow:
1. Any complete application that has been submitted for approval prior to the effective date
of the Avon Development Code shall be reviewed in accordance with the ordinance in
effect on the date the application was deemed complete. Any re-application of an expired
project approval shall meet the standards in effect at the time of re-application.
2. Section 17.28.090 of the existing Municipal Code is repealed."
Commissioner Goulding questioned the two sections relevant to the suspension of building
permits. He stated section 17.28.040(b) also allows the town to revoke permits. He
suggested that this section be included in the repeal of existing code sections.
Commissioner Green suggested the following language be added, "Section 17.12.040(b) of
the existing Municipal Code is repealed."
Both the motion -maker and the secondary agreed to the changes. The motion passed with a
6-0 vote.
Dominic Mauriello was then allowed to make a final statement that he wanted the PZC to
understand why they didn't know about the code language found in 17.28.090.
VIII. Adjourn
The meeting was adjourned at approximately 7:40 pm.
W. Todd Goulding / / /` /
Chairperson
Phil Struve
Secretary