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TC Ord. No. 2005-06 Amending chapter 2.16 muni code of the TOA relating to qualifications of members of the planning and zoning commissionTOWN OF AVON, COLORADO ORDINANCE NO. 05-06 SERIES OF 2005 AN ORDINANCE AMENDING CHAPTER 2.16, MUNICIPAL CODE OF THE TOWN OF AVON, RELATING TO QUALIFICATIONS OF MEMBERS OF THE PLANNING AND ZONING COMMISSION COLORADO: BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, Section 1. Amendment. Subsection (d), Section 2.16.030, Chapter 2.16 of Title 2, Avon Municipal Code, is repealed and reenacted to provide as follows: (d) Because of its dual role as both a Planning Commission and a Design Review Authority, it is recognized that a balance in the membership is necessary between the lay community and industry professionals (Architects, Landscape Architects, Designers, Real Estate Developers and/or Contractors). Registered electors residing in Eagle County shall be eligible for appointment, but at least five members shall be registered electors of the Town of Avon at the time of their appointment to the Commission. Appointments shall be made first to maintain the balance between industry professionals and the lay community (it is recommended that a minimum of 2-3 industry professionals hold positions on the board at all times and that 2 of these professionals be Architects, Landscape Architects, or Designers) and then by the following criteria in descending order; (1) Registered electors of the Town shall be preferred over persons who are not registered electors. (2) Persons who own real property or a business within the Town shall be preferred over persons who do not. (3) Persons having special skills and experience of particular value to the Commission shall be preferred over persons who do not. Section 2. Amendment. Section 2.16.040, Chapter 2.16 of Title 2, Avon Municipal Code, is amended to provide as follows: A vacancy on the Planning and Zoning Commission shall occur whenever a member of the Commission is removed by the Town Council, dies, becomes incapacitated and unable to perform his or her duties for a period of ninety (90) days or more, resigns or is convicted of a felony. A member of the Commission who ceases to possess the qualifications for office possessed by him or her at the time of his or her appointment, may be permitted by the Town Council to serve until the end of his or her term, provided he or she continues to reside in Eagle County. A member of the Commission may be removed for misconduct, including but not limited to repeated absences from meetings or a violation of the Town's Code of Ethics. In the event a vacancy occurs, the Town Council shall appoint a successor to fill the vacancy and serve the remainder of the term of the former member. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 26th day of April, 2005, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the l Oth day of May, 2005, at 5:30 P.M. in the Council Chambers, Avon Municipal Buildin , Benchmark aRo, Avon, Colorado. Ronald C. Wolfe, Mayor 7 , '-1 J o ) ATTEST: ° Patt Mc enny, ow Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 10th day of May, - onald C. Wolfe, Mayor k ATTEST: Pattc envy, Clerk APPROVED AS TO FORM: ~k"4- Jo . Dunn, Town Attorney Ordinance No. 05-06 P&Z Requirements Page 2 of 2 MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: QUALIFICATIONS OF MEMBERS OF PLANNING AND ZONING COMMISSION DATE: May 2, 2005 At your last meeting you adopted Ordinance 05-06 on first reading. Based upon the motion adopting it, the following indicated changes have been made: Section 1. Amendment. Subsection (d), Section 2.16.030, Chapter 2.16 of Title 2, Avon Municipal Code, is repealed and reenacted to provide as follows: (d) Because of its dual r-e4 role as both a Planning Commission and a Design Review Authority, it is recognized that a balance in the membership is necessary between the lay community and industry professionals (Architects, Landscape Architects, Designers, Real Estate Developers and/or Contractors). Registered electors residing in Eagle County shall be eligible for appointment, but at least five members shall be registered electors of the Town of Avon at the time of their appointment to the Commission. Appointments shall be made first to maintain the balance between industry professionals and the lay community (it is recommended that a minimum of 2-3 industry professionals hold positions on the board at all times and that 2 of these professionals be Architects, Landscape Architects, or Designers) and then by the following criteria in descending order; . (1) Registered electors of the Town shall be preferred over persons who are not registered electors. (2) Persons who own real property or a business within the Town shall be preferred over persons who do not. (3) Persons having special skills and experience of particular value to the Commission shall be preferred over persons who do not. , Section 2. Amendment. Section 2.16.040, Chapter 2.16 of Title 2, Avon Municipal Code, is amended to provide as follows: A vacancy on the Planning and Zoning Commission shall occur whenever a member of the Commission is removed by the Town Council, dies, becomes incapacitated and unable to perform his or her duties for a period of ninety (90) days or more, resigns or is convicted of a felony. A member of the Commission who ceases to possess the qualifications for office possessed by him or her at the time of his or her appointment, may be permitted by the Town Council to serve until the end of his or her term, provided he or she continues to reside in Eagle County. A member of the Commission may be removed for misconduct, including but not limited to repeated absences from meetings or a violation of the Town's.Code of Ethics. In the event a.vacancy occurs, the Town Council shall appoint a successor to fill the vacancy and serve the remainder of the term of the former member. Jwd:ipse