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PZC Packet 031913Staff Report — Sign Design March 19, 2013 Planning & Zoning Commission Meeting Report date March 15, 2013 Project type Sign Design Legal description Lot 25, Block 1, Benchmark at Beaver Creek Subdivision Zoning Light Industrial and Commercial (IC) Address 20 Nottingham Road Prepared By Jared Barnes, Planner I Summary of Requests The Applicant, YESCO, representing Winner Storage (the Owner), has submitted a Sign Design application for the Self -Storage Building at 850 Nottingham Road, also described as Lot 25, Block 1 of the Benchmark at Beaver Creek Subdivision (the Property). Property Description The Property is located on the north side of Nottingham Road, just west of the intersection with Metcalf Road. The Property is developed with a self -storage facility consisting of three (3) separate buildings. The main building is located closest to Nottingham Road and currently contains a building mounted sign. A vicinity map is attached (Exhibit A). Update At the October 2, 2012 meeting, the PZC approved the building mounted double -sided blade sign as proposed. The applicant has subsequently received a sign permit for the installation of this approved sign. They also discussed the freestanding sign and had concerns with the illumination, lack of clarity regarding the landscaping, and the materiality of the proposed sign. Ultimately, the PZC approved continuing the freestanding sign to allow the applicant to make revisions. This report will focus solely on that freestanding sign. At the December 2nd, 2012 meeting, the PZC continued the freestanding sign. They commented on the lack of support for interior illuminated signs, the desire for a single -sided sign, and the materiality of the sign. The applicant has provided some modifications which are discussed in this report and included in Exhibit B. Planning Analysis As stated above, this commercial building contains a single tenant and does not currently have an approved Master Sign Program (MSP). As such, the governing sign regulations are the Sign Code (Chapter 15.28, Avon Municipal Code). As presented at the October 2 and December 2, 2012 meetings, the proposed freestanding sign and approved blade sign total thirty-six and two-thirds (36.66) square feet in total area as only one - side of double -sided signs are counted towards sign area. The Sign Code allows individual business lots to have a maximum of one (1) square foot of signage per lineal foot of building front. The Property's main building contains approximately forty-two feet (42') of building front and the proposed signage complies with the maximum allowed by code. The applicant has revised the freestanding sign, by modifying materials and illumination of the sign as discussed below. The sign is located adjacent to Nottingham Road which is proposed as Sign B and best presented in Exhibit B. The sign contains a wood sided base with an externally illuminated double -sided cabinet sign. The cabinet sign measures eighty-five inches (85") by forty - March 19, 2013 PZC Meeting — Lot 25, Block 1, BMBC CubeSmart Signage III five inches (45"), or twenty-six and one-half (26.56) square feet. The cabinet sign sits on a fifty- four inch (54") by twenty-seven inch (27") base, for a total sign height of six feet (6). The applicant has revised the type of sign face material from: a routed aluminum with acrylic backer panels and vinyl applied to the faces; to a painted aluminum cabinet with white vinyl letters attached. The sign will not allow illumination to emit through the cabinet; whereas the previous proposals allowed either the entire sign face to be illuminated or only the routed letters. As seen on page 3 of Exhibit B, the sign will be located in front of the main building and will be setback ten feet (10') from the property line, which complies with the code requirement. The site plan also indicates a landscape island with a five foot (5) perimeter around the sign which complies with the code requirement. The applicant has further clarified the landscaped area by calling -out ten (10) juniper shrub plantings. The application also clarifies the exterior illumination. As proposed the application utilizes pole light fixture (PSDX613) approximately fifty-five inches (55") in total length with two (2) heads on each side that will be angled downward and back onto the sign. Page 3 of Exhibit B, illustrates the fixtures attachment to the sign as well as a plan view and elevation view of the proposed fixture. The fixture will utilize a MR16 bulb and will produce the equivalent of fifty (50) watts. Staff has determined that the application complies with the Sign Code as the materiality of the sign has changed to an exterior illuminated cabinet sign. The sign code discourages interior -lit box -type plastic signs (§15.28.060(c)) as discussed at previous meetings, but the application now utilizes exterior illumination. The proposed freestanding sign is similar to other freestanding signs in the area as most of the adjacent properties in the IC zone district that utilize a freestanding sign have external illumination. Review Criteria §15.28.070, Design Review Criteria. The Planning and Zoning Commission shall consider the following items in reviewing proposed designs: (1) The suitability of the improvement, including materials with which the sign is to be constructed and the site upon which it is to be located; (2) The nature of adjacent and neighboring improvements; (3) The quality of the materials to be utilized in any proposed improvement; (4) The visual impact of any proposed improvement, as viewed from any adjacent or neighboring property; (5) The objective that no improvement will be so similar or dissimilar to other signs in the vicinity that values, monetary or aesthetic, will be impaired; (6) Whether the type, height, size and/or quantity of signs generally complies with the sign code, and are appropriate for the project; (7) Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is appropriate for the determined orientation. Staff Recommendation Staff recommends that the Sign Design application be approved as proposed and with the following findings: 1. The freestanding sign is approved due to its compliance with the Review Criteria as listed in §15.28.070. Exhibits A: Vicinity Map B: Proposed Sign Specifications March 19, 2013 PZC Meeting — Lot 25, Block 1, BMBC CubeSmart Signage III -4 fl • qya / �. • YW r. aI ap '0& . 0,; > �r* F'''Y r.F iJ 4., N s W E All f This is an original unpublished drawing created by Elro Signs, It is submitted for your personals use in conjunction with a project being planned for you. It is not to be shown to anyone outside your organization nor is it to be used, reproduced, copied or exhibited in any fashion without the express written consent of Elro Signs. elro s CALIFORNIA 400 West Walnut Street, Gardena, CA 90248 (800) 927-4555 • Fax (310) 380-7451 GEORGIA 1640 Sands Place SE Suite Al Marietta,GA30067 Toll Free: (877) 367-3576 • Fax (770) 952-4710 REVISIONS Client CSSL 736 NO. DESCRIPTION OF WORK DONE DATE Address 850 Nottingham Rd. Avon, CO B Modified base & Landscaping 01/28/13 C Added LED lighting 02/22/13 64198 Design No. Store No. Scale AS NOTED Sheet 1 Of 5 Drawn By KT Date 01/10/2013 Approved By Date 6W C 9r issu ar[r .tp,UKt iiv Y SIbKY iNJGD FAANF �, AIR SIIY M, ..Yj�F'M�j ✓1 32' IFlR7N lwF� Site Plan -SIGN B (nts) 7025'47` W 97 'WAV __ This is an original unpublished drawing created by Elro Signs. It is submitted for your personals use in conjunction with a project being planned for you. It is not to be shown to anyone outside your organization nor is it to be used, reproduced, copied or exhibited in any fashion without the express written consent of Elro Signs. elro s CALIFORNIA 400 West Walnut Street, Gardena, CA 90248 (800)927-4555-Fax(310)380-7451 GEORGIA 1640SandsPlace SESuite A/Marietta, GA30067 Toll Free: (877) 367-3576 • Fax (770) 9524710 REVISIONS Client CSSL 736 49 'j•�' SSR �5§�5-AV 111 Address 850 Nottingham Rd. Avon, CO X1%11 0 C Added LED lighting 02/22/13 Design N0. 6419$ Store No. Scale AS NOTED Sheet 2 of 5 Drawn By KT Date 01/10/2013 Approved By Date issu ar[r .tp,UKt iiv Y SIbKY iNJGD FAANF �, AIR SIIY M, ..Yj�F'M�j ✓1 32' IFlR7N lwF� Site Plan -SIGN B (nts) 7025'47` W 97 'WAV __ This is an original unpublished drawing created by Elro Signs. It is submitted for your personals use in conjunction with a project being planned for you. It is not to be shown to anyone outside your organization nor is it to be used, reproduced, copied or exhibited in any fashion without the express written consent of Elro Signs. elro s CALIFORNIA 400 West Walnut Street, Gardena, CA 90248 (800)927-4555-Fax(310)380-7451 GEORGIA 1640SandsPlace SESuite A/Marietta, GA30067 Toll Free: (877) 367-3576 • Fax (770) 9524710 REVISIONS Client CSSL 736 NO. DESCRIPTION OF WORK DONE DATE Address 850 Nottingham Rd. Avon, CO B Modified base & Landscaping 01/28/13 C Added LED lighting 02/22/13 Design N0. 6419$ Store No. Scale AS NOTED Sheet 2 of 5 Drawn By KT Date 01/10/2013 Approved By Date SIGN 1 New D/F Aluminum pylon sign cabinet mounted on wood covered base with .080 aluminum sign faces and CUBE SMART branding; Aluminum cabinet and flat faces painted Glidden GLR30 with white vinyl lettering. Exterior lighting provided by spot lights. Landscaped area is required with specifications to be determined Approved Colors SHERWIN Client CSSL 736 NO. DESCRIPTION OF WORK DONE DATE WILLIAMS GLIDDEN GLIDDEN SW6108 GLN01 GLR30 M ■ LA, 1 Red Delicious — r V— W C N ED— Cn A W C pI U W o L0 c� co En En N 85" cabinet size :4 :�Ul JA I A1: STORAGE 800-800-1717 60" landscaping 54" base TOP VIEW SIDE VIEW PSDX613 Features 100% Non Rusting, Non Corroding Brass Parts (i.e. washers, nuts, reducers, etc.) Bushing to help protect the wires from shearing rubber Lifetime Guarantee not to rust or corrode UL Listed Brass Based High Heat 200° with Stainless Steel Aircraft Grade Contacts 5.5W Cree LED MR16 12V H/O Bulbs 12 Volt with 13 Volt "Boost" Tap 60W LED Driver / Transformer Designed for Outdoor Use ,Model PTXKM60-13 0 & @: Listed with MR16 lamps to 50 watts. 080 Flat Aluminum Faces White vinyl lettering & graphic support pole per engineering Wood base to match existing buildin ENOW—�X- see 60" landscaping andscaping plan on page 5 4 26.56 TOTAL SQ FT V EXISTING CONDITIONS Coordinate exact location of monument sign in field mrrvvlr-r PROPOSED CONDITIONS This is an original unpublished drawing created by Elro Signs. It is submitted for your personal use in conjunction with a project being planned for you. It is not to be shown to anyone outside your organization nor is it to be used, reproduced, copied or exhibited in any fashion without the express written consent of Elro Signs. elro s CALIFORNIA 400 West Walnut Street, Gardena, CA 90248 (800) 927-4555 • Fax (310) 380-7451 GEORGIA 1640 Sands Place SE Suite A/ Marietta, GA 30067 Toll Free: (877) 367-3576 • Fax (770) 952-4710 REVISIONS Client CSSL 736 NO. DESCRIPTION OF WORK DONE DATE Address 850 Nottingham Rd. Avon, CO B Modified base & Landscaping 01/28/13 C Added LED lighting 02/22/13 g 64198 Design No. Store No. Scale AS NOTED Sheet 3 Of 5 Drawn By KT Date 01/10/2013 Approved By Date SIGN B - Landscape Plan 132" Juniperus communis alpina - 174" STORAGE 800-800-1717 y . scale: 1/41, = 1' 60" landscaping 54" base 60" landscaping scale: 3/8" = 1' Landscaping to be provided by Owner This is an original unpublished drawing created by Elro Signs. It is submitted for your personal use in conjunction with a project being planned for you. It is not to be shown to anyone outside your organization nor is it to be used, reproduced, copied or exhibited inany fashion without the express written consent of Elro Signs. elro s CALIFORNIA 400 West Walnut Street, Gardena, CA 90248 (800) 927-4555 • Fax (310) 380-7451 GEORGIA 1640 Sands Place SE Suite A/ Marietta, GA 30067 Toll Free: (877) 367-3576 - Fax (770) 952-4710 REVISIONS Client CSSL 736 NO. DESCRIPTION OF WORK DONE DATE Address 850 Nottingham Rd. Avon, CO B Modified base & Landscaping 01/28/13 C Added LED lighting 02/22/13 g 64198 Design No. Store No. Scale AS NOTED Sheet 4 of 5 Drawn By KT Date 01/10/2013 By Date FT -Approved This is an original unpublished drawingcreated b Elro Signs. It Y 9 is submitted for your personal use in conjunction with a project being planned for you. It is not to be shown to anyone outside your organization nor is it to be used, reproduced, copied or exhibited in any fashion without the express written consent of Elro Signs. elro s CALIFORNIA 400 West Walnut Street, Gardena, CA 90248 (800) 927-4555 • Fax (310) 380-7451 GEORGIA 1640 Sands Place SESuiteAlMarietta, GA30067 Toll Free: (877) 367-3576 • Fax (770) 952-4710 REVISIONS Client CSSL 736 N0. DESCRIPTION OF WORK DONE DATE AddreSS 850 Nottingham Rd. Avon, CO B Modified base & Landscaping 01/11/13 C Added LED lighting 02/22/13 64198 Design No. Store No. Scale AS NOTED Sheet 5 of 5 Drawn By KT Date 01/10/2013 By Date IApproved Staff Report TO: Planning and Zoning Commission FROM: Matt Pielsticker, AICP, Planner II DATE: March 15, 2013 RE: Northside Parking Lot — Lots 2 & 3, Block 1, Benchmark at Beaver Creek Subdivision: CONTINUED PUBLIC HEARING Summary Staff received a Special Review Use, Minor Development Plan, and Alternative Equivalent Compliance application (collectively the "Application). The Special Review Use portion of the application required a notice in the Vail Daily, and so the application was noticed for the March 5, 2013 PZC Hearing. Pending revisions to the application pursuant to Engineering Department comments, the Applicant requested that the Application be continued to the April 2, 2013 PZC hearing. Recommended Action Open and close public hearing for public comment. Recommended Motion "I move to continue the Northside Parking Lot Application for Lots 2 & 3, Block 1, Benchmark at Beaver Creek Subdivision to the April 2, 2013 PZC meeting." March 5, 2013 PZC Meeting — Northside Parking Lot Page 1 of 1 0 Staff Report TO: Planning and Zoning Commission FROM: Matt Pielsticker, AICP, Planner II DATE: March 15, 2013 RE: Municipal Code Amendments Summary The Town Council approved the 2013 Work Plan on February 26, 2013, which includes the following task in the second quarter of this year: Identify with the PZC Code Amendments, including "clean-up" of definitions, charts, etc. identified through use of the Code over the past year and sections which should be updated, and sections which should be updated such as the sign code. The Work Plan speaks to the "clean-up" starting in the third quarter of the year, with completion in the fourth quarter. This report summarizes the list of potential code amendments identified by Staff and the PZC over the past year of using the code. The list also includes amendments identified by the Building Official for Chapter 15: Building Code, and the Town Attorney. Staff is asking the PZC to review the list and the order of priority proposed. For efficiency, Staff would recommend breaking the list down into at least two (2) tiers of amendments so that the highest priority amendments can commence immediately while the remaining amendments will follow. List of Potential Code Amendments 1St Tier/Top-Tier Amendments 1. PUD Amendments vs. Minor Amendments §7.16.o6o(h), Amendments to Final PUD Description: All non -administrative qualifying amendments to established PUD Plans are governed by this section - which states that §7.16.020(g), Minor Amendment, being the controlling code section. The Minor Amendment section is intended to apply to already approved development plan approvals (i.e. single-family home design approval) or permit approvals for same; there is no indication how a PUD Amendment would be processed. Additionally, there is no review criteria called out. This section should refer to §7.16.020 for a general public review process; Table7.16-1 should be amended to include Amendment to Final PUDs and should allow a one- step review process by PZC and Town Council for minor amendments to a Final PUD and a clear set of review criteria should be created so as to not mimic the criteria for a Final PUD which are intended for new PUD overlay districts. March 19, 2013 PZC Meeting - Code Amendments Page i of 4 2. PZC/TC Processing Requirements §7.16.02o(e), Public Hearings Description: The PZC or Council can continue a public hearing on its own initiative for a maximum of thirty-five (35) days after the date of the first public hearing, or up to ninety-five (95) days with the consent of the applicant. PZC has expressed the desire to lengthen the time -frame based on the size or complexity of the application. Clarify that PZC/Council has a certain number of days (20-35?) after the close of the public hearing to prepare Findings of Fact and Record of Decision and take final action. 3. Natural Resource Protection §7.28.loo(a)(2) Applicability Description: The trigger for these regulations should be reviewed in light of recent development applications. This may require new definitions, and the PZC should consider whether or not the steep slope requirements could be repealed in the entirety. §7.28.loo(b) Stream, River, Water body and Wetlands Description: FEMA is mandating that the Rules and Regulations regarding floodplains be updated by January 14, 2014. This will bring Avon into compliance with federally backed loans and other financial assistance should there be a natural disaster. 2nd Tier Amendments i. Signs §15.28, Sign Code Description: These regulations have not been updated in substance since 1986 and should be reviewed against the Town Center District Plans and the current needs of the business community. 2. Definitions §7.04 Town Core - The Town Core is defined to include the "central" commercial core, excluding residential property, and is further defined with the Town Core Map. Staff recommends removing the properties north of Interstate -70 from the Town Core Map since Council review is not justified in this area. 3. Mailed Notice §7.o6.02o(d)(2) Description: This section requires mailed notice for zoning amendments, subdivision, PUD, and variance applications. In order to provide consistency with the previous AMC requirements and to give adequate notice to neighboring property owners for Special Review Use ("SRU") permits, it is recommended to include SRU permits in the list of required application types for Mailed Notice since these approvals are site specific and could affect adjacent properties. March 19, 2013 PZC Meeting — Code Amendments Page 2 of 4 4. Historic Preservation Committee §7.12.07o, Historic Preservation Committee Table 7.16-1, Development Review Procedures and Review Authority §7.16.17o, Historic Landmark Designation Description: When the ADC was codified, the then existing procedures related to the establishment of a Historic Preservation and the procedures for nominating properties or structures for listing were inadvertently removed from the Municipal Code. This was brought to the attention of the Town Council by the Committee, and Council ultimately directed Staff to start the process to re-establish these procedures and related regulations. PZC approved a Resolution on November 14, 2012 recommending that Council approve these changes. 5. Re -zoning & Zoning Amendments §7.16.050, Zoning Amendments Description: The terms `rezoning' and `zoning amendment' are used interchangeably throughout the Development Code. Staff's preference is to use the term re -zoning in all instances for consistency and clarity. While changing the zoning entitlements for a piece of property through a different process (i.e. PUD Amendment) can also be considered a zoning amendment, this section clearly is intended to be applied to changes in zoning classifications. 6. Design Review Purpose §7.16.ogo, Design Review Description: The purpose statement for Design Review references "conformance with the Avon Design Guidelines". Since the Town no longer has design guidelines, this section should reference the Design Standards, §7.28.ogo. 7. Neighborhood Commercial Zone District §7.2o.o8o(a), Neighborhood Commercial Table 7.20-7, Dimensions for the Neighborhood Commercial District Description: The Neighborhood Commercial (NC) zone district does not include a maximum density. It includes the same provision that is included with the MC and TC zone districts that allow for unlimited densities so long as adequate water is brought to the table. The intention of that clause was for property within the town core, but the NC zone district tends to be located in outlying areas and should include a maximum density. 8. Allowed Uses for Industrial Commercial (IC) Table 7.24-1 Description: During the review of a SRU permit in the IC district, PZC discussed the need to reconsider the permitted and list of uses eligible for SRU for this zone district. March 19, 2013 PZC Meeting — Code Amendments Page 3 of 4 g. Landscaping §7.28.050(f)(1) Parking Lot Perimeter Landscaping Description: The section requires 1.2 "landscape units" per lineal foot of parking lot perimeter, and the number appeared to be abnormally high to achieve the desired screening requirements. Through implementation, this section was identified by PZC as a candidate for amendment. lo. Building Code Cleanup §15.04.010, Violations - should include language "firm, or corporation" §.15.08.010, Adoption - Missing reference §15.08.036, Commercial Floor and Roof, to mimic residential load requirements. §15.08.120, Ground Snow Loads - Exterior decks shall also hold roof snow loads. §15.08.300 & 310, Violation - Delete these sections since they are covered in §15.04.010 & §15.04.020 respectively §15.12.010, Adoption - Should reference new edition title 2011 National Electrical Code, "or most current version". §15.12.300, §15.14.300, §15.18.300, §15.20.300, §15.26.300 - all violation sections missing the words "extend and remove." ». Fireplace Regulations §15.24, Solid -Fuel Burning Devices Description: These regulations permit wood burning fireplaces above the elevation of 7,820 ft. The Chief Building Official has considered limiting wood burning devices altogether for health and safety purposes. Process The process for Municipal Code amendments are governed by AMC §7.16.040. The process follows the general public hearing review process outlined in the Municipal Code (i.e. Staff recommendation to PZC, PZC recommendation to Council, and final action by Council), and must be formally initiated by Council; therefore Staff will bring the PZC recommended list and prioritization to Council for action. Staff Recommendation Review the two (2) proposed tiers of amendments, provide amendments, additions, and/or approve as drafted. During the 1St Tier amendments, Staff is proposing to also review the entire Development Code for consistency with definitions to determine whether certain terms and words are properly defined. March 19, 2013 PZC Meeting — Code Amendments Page 4 of 4 AVON Staff Memorandum TO: Planning and Zoning Commission FROM: Jared Barnes, Planner I DATE: March 15, 2013 RE: PZC Rules of Procedure Summary The Planning and Zoning Commission (PZC) has previously adopted Rules of Procedure as a part of the Avon Design Guidelines. In 2010, when the Town adopted AMC Title 7, Development Code, the Design Guidelines were eliminated as the new code included design standards. This also caused the previously adopted Rules of Procedure to be removed. §7.12.040, Planning and Zoning Commission, sets forth codified standards for the PZC including, but not limited to: Establishment and Purpose; Duties; Membership; Qualifications of Members; Quorum; Term; Vacancies; Removal from Office; Officers; Compensation; Staff; Rules and Procedures; Meetings; Material to be Submitted; Agenda; and, Authority to Retain Consultants. §7.12.040(1), Rules and Procedures, requires the PZC to operate in compliance with their own Rules of Procedure. It further states that these Rules of Procedures may be adopted or amended from time to time through a recommendation to Town Council and formal adoption by Town Council. Other sections, for example §7.12.040(m), Meetings, and §7.12.04o(n), Materials to be Submitted, state that the Rules of Procedure shall govern. Process This matter was identified in the 2013 PZC Work Plan for the 1St Quarter, and therefore Staff has prepared Draft Rules of Procedure (Attachment A) for the PZC to review. Staff is of the opinion that these Rules of Procedure, as proposed, provide clarity to the process that occurs at meetings and will assist future PZC members with better understanding the process they are expected to abide by. These rules of procedure also set forth standards for scheduling meeting and cancelling meetings; standard order of agendas; procedures for executive sessions; and, Decisions of the PZC among other aspects. Staff Recommendation The PZC should review the attached draft Rules of Procedures, and provide a recommendation to the Town Council to adopt these Rules of Procedure pursuant to §7.12.04o(I), Rules and Procedures. Attachment Draft Rules of Procedure March 19, 2013 PZC Meeting — Rules of Procedure Page 1 of 1 C O L O R A D O Town of Avon Planning and Zoning Commission Rules of Procedure March 2013 11Page Planning and Zoning Commission Rules of Procedure (March 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. Secretary...........................................................................................................................................5 12. Agenda and Meeting Materials........................................................................................................6 (a) Proposed Agenda..............................................................................................................................6 (b) Meeting Packets................................................................................................................................6 13. Presiding Officer................................................................................................................................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..............................................................................................................................7 (b) Who May Make A Motion.................................................................................................................8 (c) Second Required...............................................................................................................................8 (d) One Motion at a Time....................................................................................................................... 8 18. Voting................................................................................................................................................8 (a) Who May Vote.................................................................................................................................. 8 (b) Adoption by Majority Vote............................................................................................................... 8 (c) Duty to Vote......................................................................................................................................8 21Page Planning and Zoning Commission Rules of Procedure (March 2013) 19. Debate...............................................................................................................................................8 20. Executive Sessions.............................................................................................................................8 21. Site Visits...........................................................................................................................................9 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....................................................................................................................10 (i) Order of Debate...............................................................................................................................10 (j) Commission and Staff's Remarks....................................................................................................10 (k) Applicant (and Others) Questioned................................................................................................11 23. Consent Agenda..............................................................................................................................11 24. Regular Application Items (Non -Public Hearings)...........................................................................11 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........................................................................................................13 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.............................................................................................14 35. Effect of Adoption of Rules.............................................................................................................14 31Page Planning and Zoning Commission Rules of Procedure (March 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 §7.12.0400) of the Avon Municipal Code. i. 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 any ordinance or statute, the ordinance or statute shall control. 5. Regular Meetings (a) Date, Time and Place of Regular Meetings 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. (b) Notice of Regular Meetings Notice of each regular meeting shall be posted by the Director in Town Hall and 3 additional public locations as designated by the Director not less than 24 hours prior to the holding of the meeting. The posting shall include specific agenda information where possible and may be substituted by the meeting agenda. 4 1 P a g e Planning and Zoning Commission Rules of Procedure (March 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 and time 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. No further notice need be given of such a continued session of a properly called regular or special meeting. 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; 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. g. Applicability of Colorado Open Meetings Law All meetings of the Commission shall be subject to the provisions of the Colorado Open Meetings law. io. Electronic Record/Minutes The Commission shall keep an electronic record of its meetings, including any executive sessions. In addition, full and accurate minutes of the Commission proceedings, except executive sessions, shall be kept as required by the Colorado Open Meetings law. Records of executive sessions shall be kept in accordance with the requirements of the Colorado Open Meetings law. These minutes shall be open to inspection of the public as provided in the Colorado Open Meetings law. The exact wording of each motion and the vote of each member of the Commission thereon shall be recorded in the minutes. ». Secretary The Director shall serve as the ex officio secretary to the Commission. The Director shall designate a person or persons to provide the necessary secretarial and recording services for the Commission. The Director shall be responsible for the giving of all required notice of 51Page Planning and Zoning Commission Rules of Procedure (March 2013) Commission public hearings and actions under the Development Code or Subdivision Standards. 12. Agenda and Meeting Materials (a) Proposed Agenda 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. (b) Meeting Packets Meeting Packets shall 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. Presiding Officer 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 (a) Conformity With Town Code of Ethics 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). 6 1 P a g e Planning and Zoning Commission Rules of Procedure (March 2013) (b) Ex Parte Contacts Each member of the Commission must exercise care in responding to and reporting any ex parte contact with respect to any matter which is pending before the Commission. (1) An ex parte contact is any contact (written, oral or electronic) concerning a matter pending before the Commission which is offered to or received by a member of the Commission outside of the actual hearing process. (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 hearing on the application. (4) Any written ex parte contact transmitted to or received by a member of the Commission concerning a matter 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. (5) The rule against ex parte contacts shall not apply to preclude members of the Commission from seeking and receiving information from other members, the Director, the Town Attorney, or staff members of the Department of Community Development, but no member of the Commission shall discuss the matter with the applicant, the applicant's counsel or representatives, or any person reasonably anticipated to be witnesses prior to the public hearing. 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 its hearing and determination. 17. Action by the Commission (a) Action By Motion The Commission shall proceed by motion, unless otherwise required by applicable law. 7 1 P a g e Planning and Zoning Commission Rules of Procedure (March 2013) (b) Who May Make A Motion Any member of the Commission, including the Chair, may make a motion. (c) Second Required A motion requires a second. Any member of the Commission, including the Chair, may second a motion. (d) One Motion at a Time A member may make only one motion at a time. 18. Voting (a) Who May Vote Except as provided in Section 15, with respect to a member who has a conflict of interest, each member of the Commission, including the Chair, may vote on any motion. (b) Adoption by Majority Vote A motion shall be adopted by a majority of the votes cast when a quorum is present. A majority is more than half. (c) Duty to Vote Every member of the Commission must vote unless excused by the remaining members of the Commission. A member who wishes to be excused from voting shall so inform the Chair, who shall take a vote of the remaining members. No member shall be excused from voting except in cases involving conflicts of interest, as defined by the Commission or by law, or the member's official conduct, as defined by the Commission i9. Debate The Chair shall state the motion and then open the floor to debate. The Chair 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. zo. Executive Sessions 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 actions authorized by statute may be taken in an executive session. A motion to adjourn or recess a meeting shall not be in order during an executive session. 8 1 P a g e Planning and Zoning Commission Rules of Procedure (March 2013) A tape recording of the actual contents of the discussion during an executive sessions shall be made by the Chair of the meeting at which the executive session is held. The tape recording 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. Such tape recording shall be retained by the Director for only ninety- one (91) days after the date of the executive session. If, on such date, the Town has not been served with a summons in an action to review such tape recording pursuant to Section 24-72-204(5.5)(a), C.R.S., the Director shall forthwith cause the tape recording of the executive session to be destroyed. The mandatory destruction of an executive session tape as provided in this Rule shall be deemed to be part of the Town's record retention and destruction policy. 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. The written minutes 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. The written record of an executive session, in the form of written minutes of the executive session, shall be retained by the Director for only ninety one (91) days after the date of the executive session. If, on such date, the Town has not been served with a summons in an action to review such written record pursuant to Section 24-72-204(5.5)(a), C.R.S., the Director shall forthwith cause the minutes of the executive session to be destroyed. The mandatory destruction of executive session minutes as provided in this Rule shall be deemed to be part of the Town's record retention and destruction policy. The provisions of Section 24-6-402(2)(d.5)(II)(B), C.R.S., concerning privileged attorney-client communications which occur in an executive session shall apply to any record of an executive session kept by the Commission. 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 9 1 P a g e Planning and Zoning Commission Rules of Procedure (March 2013) 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 does not 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. ii. General Provisions Governing Public Hearings (a) Part of Meeting A public hearing is considered to be part of a regular or special meeting of the Commission. (b) Representation At any hearing, any person may appear or be represented by authorized agents or attorneys at their own expense. An attorney 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. (c) Testimony Under Oath Not Required Testimony offered at a hearing before the Commission shall not be required to be given under oath or affirmation. (d) Right To Present Evidence And Cross -Examine Witnesses 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. (e) Rules Of Evidence The strict rules of evidence shall not apply to a hearing held before the Commission. (f) Objections Objections to submitted evidence shall be stated orally for the record. Any objection not made in a timely and proper fashion shall be waived. (g) Burden Of Proof 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. (h) Limitation of Evidence The Presiding Officer shall have the authority to limit the presentation of evidence tending to be repetitious or which is immaterial or irrelevant. (i) Order of Debate 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. (j) Commission and Staff's Remarks 10Page Planning and Zoning Commission Rules of Procedure (March 2013) 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. (k) Applicant (and Others) Questioned 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 the "all remaining items on the Consent Agenda stand approved as presented," and the Commission shall move on to the review of those items removed. F. Items removed from the Consent Calendar 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: 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. 11Page Planning and Zoning Commission Rules of Procedure (March 2013) 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: A. The Chair opens the public 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. 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. 121Page Planning and Zoning Commission Rules of Procedure (March 2013) 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 for not less than one (1) year. A copy of an audio - taped record of a hearing shall be made to any party upon written request and payment of a fee determined by the Town Clerk to be sufficient to reimburse the Town for the cost of providing such copy. 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 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. 131Page Planning and Zoning Commission Rules of Procedure (March 2013) 30. Decisions By Commission The decisions by the Commission shall be pursuant to §7.16.020(f), Step 6: Review and Decision. 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 at any regular meeting or at any properly called special meeting that includes amendment of the Rules as one of the stated purposes of the meeting. Adoption of an amendment shall be pursuant to §7.12.040(I) of the Avon Municipal Code. 34• Reference to Robert's Rules of Order The Commission shall refer to the current edition of Robert's Rules of Order Newly Revised, to answer procedural questions not resolved in these Rules, so long as RONR does not conflict with Colorado law, or with the spirit of these Rules. 35• Effect of Adoption of Rules These Rules supersede all prior rules and regulations of the Commission. Adopted: XX 141Page Planning and Zoning Commission Rules of Procedure (March 2013)