• Square-facebook
  • X-twitter
Time to read
1 minute
Read so far

P&Z Board to vote again on townhouse rezoning request due to invalid vote

Fri, 11/30/2018 - 12:46 pm
  • Virgil Moore, executive director of the Breckenridge Economic Development Corporation, gives comments as to why the townhouses and rezoning request should be approved. BA photo by Jean Hayworth  
    Virgil Moore, executive director of the Breckenridge Economic Development Corporation, gives comments as to why the townhouses and rezoning request should be approved. BA photo by Jean Hayworth

A third meeting will be held regarding the rezoning of Wheeler and Elliot Street to allow for townhouses, due to an ineligible vote casted in the prior meeting. The new meeting will be held Thursday, Dec. 13.

After two tumultuous meetings for the city of Breckenridge’s Planning and Zoning Commission, where several from the public and the city showed to argue for or against a townhouse development project, the commission will hold its third one before it goes to the city in January.

City Manager Andy McCuistion said that Mike Hinyard, a P&Z commissioner, should not have had his vote counted due to him no longer living permanently within city limits.

Though, it wasn’t the vote that caused this to occur. It was the fact that Hinyard had made the motion to approve the item. Had this not occurred, the city could have discounted his vote and sent off the recommendation to the city with a 2-2 tie. In the meeting, Jesse Geron, MIke Griffith and Hinyard all voted in favor of the rezoning, with Hinyard making the motion. Genoa Goad and William Hardy voted against it, while Elaine Moore and Randy Hash abstained from the vote, creating a 3-2 vote.

“If it’s a tie it just doesn’t come forward [to the city] with a recommendation,” McCuistion said. “The ultimate decision-maker is the council, so whether it comes with a recommendation [from the P&Z] for or against makes no difference.”

McCuistion said neither him nor the the city knew Hinyard had changed is voting address. But even without him present or his vote they still could have established a quorum, which in this case constitutes as a majority of board members being present.

At the city commissioners’ next meeting on Tuesday, Dec. 4, the commissioners will consider an agenda item that would replace Hinyard with Coby Walker on the P&Z board. If approved, Walker will be on the board to vote at the next P&Z meeting. Hinyard has resigned from the board.

McCuistion added this third meeting for the P&Z will not contain a public hearing, as the previous two meetings have had one, which means the city will not be required to notify residents like they have been with past meetings. The main goal of it will be to get a vote, but residents will still be permitted time to leave comments if they want.