HomeMy WebLinkAbout2018-01-22 PECPLANNING AND ENVIRONMENTAL COMMISSION
TOWN OF UA11r"� January 22, 2018, 1:00 PM
Town Council Chambers
75 S. Frontage Road - Vail, Colorado, 81657
Call to Order
Present: Brian Gillette, Pam Hopkins, Karen Perez, John Rediker, and Brian
Stockmar
Absent: Ludwig Kurz and John -Ryan Lockman
Site Visit for agenda item 3.
2. Main Agenda
2.1. A report to the Planning and Environmental Commission on the
Administrator's approval of an amendment to an existing Conditional Use
Permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town
Code, to allow for a steel -frame tensile fabric shelter at the softball fields
spectator plaza area, located at 580 South Frontage Road East (Ford
Park) / Unplatted, and setting forth details in regard thereto. (PEC17-
0032) 5 min.
The applicant has requested that this item be tabled to the March 26,
2018 meeting.
Applicant: Town of Vail
Planner: Jonathan Spence
Motion: Table to March 26, 2018
First: Stockmar Second: Perez Vote: 5-0-0
2.2. A request for the review of a variance from Section 12-6D-6, Setbacks,
Vail Town Code, in accordance with the provisions of Section 12-17-1,
Variances, Vail Town Code, to allow for a variance to a side setback,
located at 1200 Ptarmigan Road, Unit A / Lot 1, Block 8, Vail Village Filing
7, and setting forth details in regard thereto. (PEC17-0047) 5 min.
The applicant has requested that this item be tabled to the February 26,
2018 meeting.
Applicant: Eileen Hyatt, represented by RKD Architects
Planner: Matt Panfil
Motion: Table to February 26, 2018
First: Gillette Second: Stockmar Vote: 5-0
2.3. A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor
Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the
property line between two (2) parcels located at 814 Potato Patch Drive /
Lot 3, Block 1, Vail Potato Patch Filing 1, and 815 Potato Patch Drive/Lot
2, Block 1, Vail Potato Patch Filing 1, and setting forth details in regard
thereto. (PEC17-0054) 45 min.
Applicant: Golden Peak Enterprises LLC, represented by Pierce
Architects
Planner: Matt Panfil
Motion: Approve, with one condition
First: Stockmar Second: Gillette Vote: 4-1-0 (Perez Opposed)
Condition of Approval:
1. Prior to the signing of the Planning Environmental Commission
Certificate on the final plat of subdivision, the applicant shall provide
the written approvals from all utility providers.
Planner Panfil provided the commission with a brief background on the
subject properties and the proposed reconfiguration of the lot line. The
reconfiguration will allow the redevelopment of each property by
reallocating the land and associated development standards.
Bill Pierce representing the applicant made himself available for
questions.
Commissioner Perez asked for clarification regarding the submittal
requirements and the type of survey. Perez questioned the title
commitment and associated easements.
Planners Panfil and Spence attempted to answer her questions.
Mr. Pierce provided further information concerning the project.
Commissioner Perez requested a copy of the title commitment.
Commissioner Stockmar inquired as to whether the two properties were
will under common ownership.
Mr. Pierce responded yes.
3.
0
Mr. Rediker asked for a clarification on allowable GRFA for the two lots.
Planner Panfil provided this information.
Mr. Rediker asked for further clarification on the chart in the staff's
memorandum.
Panfil walked the commission through the chart.
Commissioner Stockmar asked if the proposal would result in the creation
of any nonconformities.
Panfil answered no and provided additional information.
Planning Manager Neubecker requested that the Commission refocus on
the criteria in the subdivision code for approval.
Commissioner Stockmar spoke to the scope of the project and the lack of
nonconformities created, resulting in no objections.
Commissioner Gillette agrees with staff.
Commissioner Perez spoke of her analysis of the project and the need for
an updated title commitment.
Commissioner Hopkins agrees with the staff memorandum.
Commissioner Rediker generally agrees with staff's memo and would be
more concerned if the allotments resulted in significant changes.
Motion: Approve with condition
First: Stockmar Second: Gillette Vote: 4-1-0 (Perez
opposed)
Approval of Minutes
3.1. January 8, 2018 PEC Results
Motion: Approve
First: Stockmar Second: Gillette Vote: 5-0-0
Adjournment
Motion: Adjourn
First: Stockmar Second: Perez Vote: 5-0-0
The applications and information about the proposals are available for public inspection during regular office
hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is
invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail
Community Development Department. Times and order of items are approximate, subject to change, and
cannot be relied upon to determine at what time the Planning and Environmental Commission will consider
an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language
interpretation 48 hour prior to meeting time.
Community Development Department
TOWN OF
VAIL �
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: December 11, 2017
SUBJECT: A request for the review of a variance from Section 12-6D-6, Setbacks, Vail Town
Code, in accordance with the provisions of Section 12-17-1, Variances, Vail
Town Code, to allow for a variance to a side setback, located at 1200 Ptarmigan
Road, Unit A / Lot 1, Block 8, Vail Village Filing 7, and setting forth details in
regard thereto. (PEC17-0047)
Applicant: Eileen Hyatt, represented by Jack Snow, RKD Architects
Planner: Matt Panfil
The applicant, Eileen Hyatt, represented by Jack Snow of RKD Architects, has
requested that this item be tabled indefinitely in order to address the potential need for
additional variances.
TOWN OF VA10
VAI L TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: January22, 2018
ITEM/TOPIC:
A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town
Code, to allow for a subdivision to reconfigure the property line between two (2) parcels located
at 814 Potato Patch Drive/Lot 3, Block 1, Vail Potato Patch Filing 1, and 815 Potato Patch
Drive/Lot 2, Block 1, Vail Potato Patch Filing 1, and setting forth details in regard thereto.
(PEC17-0054)
ATTACHMENTS:
File Name
PEC 17-0054_-_S taff_M emo. pdf
Attachment A_-_Vicinity_Map.pdf
Attachment B_-_Plan_Set.pdf
Description
Staff Memo to PEC
Attachment A - Vicinity Map
Attachment B - Plan Set
Attachment C_-_Proposed_Plat of Subdivision.pdf Attachment C - Proposed Plat of Subdivision
TOWN OF
VAIL �
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 22, 2018
SUBJECT: A request for review of a final plat, pursuant to Title 13, Chapter 4, Minor
Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the
property line between two (2) parcels located at 814 Potato Patch Drive / Lot 3,
Block 1, Vail Potato Patch Filing 1, and 815 Potato Patch Drive / Lot 2, Block 1,
Vail Potato Patch Filing 1, and setting forth details in regard thereto. (PEC17-
0054)
Applicant: Golden Peak Enterprises, LLC, represented by Pierce Architects
Planner: Matt Panfil
I. SUMMARY
The applicant, Golden Peak Enterprises, LLC, represented by Pierce Architects, is
requesting the review of a final plat of subdivision, pursuant to Title 13, Chapter 4, Minor
Subdivisions, Vail Town Code, to allow for the reconfiguration of the property line
between two (2) parcels located at 814 Potato Patch Drive / Lot 3, Block 1, Vail Potato
Patch Filing 1, and 815 Potato Patch Drive / Lot 2, Block 1, Vail Potato Patch Filing 1.
Based upon staff's review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends approval, with one condition, of this application, subject to the findings
in Section VIII of this memorandum.
II. DESCRIPTION OF REQUEST
The applicant, Golden Peak Enterprises, LLC, represented by Pierce Architects, is
requesting the review of a final plat of subdivision to allow for the reconfiguration of the
shared property line forming the west boundary of 814 Potato Patch Drive (Lot 3) and
the east boundary of 815 Potato Patch Drive (Lot 2). The purpose of the proposed
subdivision is to facilitate extensive renovations of the single-family residences located
on each lot. If approved, the proposed subdivision would allow the applicant to perform
their desired renovations while maintaining each individual lot's compliance with the
Town of Vail Zoning and Subdivision Regulations.
The graphic below shows the existing property boundary (straight line — blue) in
comparison to the proposed subdivision (zigzag line — orange):
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A vicinity map (Attachment A), Plan Set (Attachment B), and a Final Plat (Attachment C)
are attached for review.
III. BACKGROUND
The subject properties were annexed into the Town of Vail in 1969 via Ordinance No. 8,
Series of 1969. The subject properties are under the same ownership and there is
currently a pedestrian connection between the two properties.
814 Potato Patch Drive (Lot 3)
Construction of the existing single-family residence located at 814 Potato Patch Drive
(Lot 3) was completed in 2001. At the time of its construction, the primary purpose of
the single-family residence was to be used as a private art gallery. Therefore, the
Town of Vail Page 2
design concept for the project was to maximize display area and volume with the
potential to add bedrooms and other internal divisions at a later date.
At the southern portion of the lot, there is a private access drive that, in addition to the
subject property, allows access to the driveways of 800, 802, and 808 Potato Patch
Drive.
815 Potato Patch Drive (Lot 2)
Construction of the existing single-family residence located at 815 Potato Patch Drive
(Lot 2) was completed in 1999. A detached 423 square foot caretaker unit located at
the south end of the site was approved in association with the single-family residence.
IV. APPLICABLE PLANNING DOCUMENTS
Staff finds the following provisions of the Vail Town Code relevant to the review of this
proposal:
Title 12 — Zoning Regulations, Vail Town Code
Chapter 2, Definitions (in part)
BUILDABLE AREA: Any site, lot, parcel or any portion thereof which does not
contain designated floodplain, red hazard avalanche area, or areas in excess of forty
percent (40%) slope.
DEVELOPMENT LOT: A delineation of property that may include one or more
structures and/or lot(s) that collectively share dimensional and/or design standards
or guidelines. Examples include, but are not limited to, a duplex property containing
two (2) dwelling units, a condominium complex of one or more buildings or a multi-
unit townhome style development that share dimensional (GRFA, site coverage,
etc.) and/or design (unified architectural and landscape design) standards or
guidelines.
Chapter 6, Article D. Two Family Primary/ Secondary Residential (PS) District (in part)
12-6D-1: PURPOSE.-
The
URPOSE:
The two-family primary/secondary residential district is intended to provide sites for
single-family residential uses or two-family residential uses in which one unit is a
larger primary residence and the second unit is a smaller caretaker apartment,
together with such public facilities as may appropriately be located in the same zone
district. The two-family primary/secondary residential district is intended to ensure
adequate light, air, privacy and open space for each dwelling, commensurate with
Town of Vail Page 3
single-family and two-family occupancy, and to maintain the desirable residential
qualities of such sites by establishing appropriate site development standards.
12-6D-2: PERMITTED USES.-
The
SES:
The following uses shall be permitted.-
Employee
ermitted:
Employee housing units, as further regulated by chapter 13 of this title.
Single-family residential dwellings
Two-family residential dwellings
12-6D-5: LOT AREA AND SITE DIMENSIONS.-
The
IMENSIONS:
The minimum lot or site area shall be fifteen thousand (15, 000) square feet of
buildable area, and each site shall have a minimum frontage of thirty feet (30').
Each site shall be of a size and shape capable of enclosing a square area, eight feet
(80) on each side, within its boundaries.
12-6D-6: SETBACKS.-
In
ETBACKS:
In the primary/secondary residential district, the minimum front setback shall be
twenty feet (20'), the minimum side setback shall be fifteen feet (15'), and the
minimum rear setback shall be fifteen feet (15').
12-6D-8: DENSITY CONTROL.-
A.
ONTROL:
A. Dwelling Units: Not more than a total of two (2) dwelling units shall be
permitted on each site with only one dwelling unit permitted on existing lots
less than fourteen thousand (14, 000) square feet.
1. Exception: Properties that meet all of the following three (3) conditions
shall be permitted a total of two (2) dwelling units on existing lots less
than fourteen thousand (14, 000) square feet.-
a.
eet:
a. The property was annexed into the town of Vail with two (2)
existing dwelling units on a lot less than fourteen thousand
(14, 000) square feet.
b. The property as of April 1, 2016, contained two (2) dwelling
units on a lot less than fourteen thousand (14, 000) square feet.
c. At no time between the property's annexation and April 1, 2016,
did the property contain less than two (2) dwelling units.
Town of Vail Page 4
2. Discontinuance of Exception: If at any time any property as described
above develops or redevelops with only one dwelling unit, this
exception for the allowance of two (2) units shall no longer be valid for
such property.
B. Gross Residential Floor Area.-
1.
rea:
1. The following gross residential floor area (GRFA) shall be permitted on
each site.-
a.
ite:
a. Not more than forty six (46) square feet of gross residential floor
area (GRFA) for each one hundred (100) square feet of the first
ten thousand (10, 000) square feet of site area, plus
b. Thirty eight (38) square feet of gross residential floor area
(GRFA) for each one hundred (100) square feet of site area
over ten thousand (10,000) square feet, not exceeding fifteen
thousand (15, 000) square feet of site area, plus
c. Thirteen (13) square feet of gross residential floor area (GRFA)
for each one hundred (100) square feet of site area over fifteen
thousand (15, 000) square feet, not exceeding thirty thousand
(30, 000) square feet of site area, plus
d. Six (6) square feet of gross residential floor area (GRFA) for
each one hundred (100) square feet of site area in excess of
thirty thousand (30, 000) square feet.
2. The secondary unit shall not exceed forty percent (40%) of the
allowable gross residential floor area (GRFA).
C. Employee Housing Units: Notwithstanding the provisions of subsections A
and 8 of this section, a type I employee housing unit shall be permitted on
lots of less than fourteen thousand (14, 000) square feet in accordance with
the provisions of chapter 13 of this title. Any type 1 employee housing unit
existing on or before April 18, 2000, shall not be eliminated unless all dwelling
units are demolished, in which case the zoning on the property shall apply.
However, an existing type I employee housing unit may be replaced with a
type 11 employee housing unit on lots of fourteen thousand (14, 000) square
feet or greater.
12-6D-9: SITE COVERAGE.-
Site
OVERAGE:
Site coverage shall not exceed twenty percent (20%) of the total site area.
Town of Vail Page 5
12-6D-10: LANDSCAPING AND SITE DEVELOPMENT:
At least sixty percent (60%) of each site shall be landscaped. The minimum of any
area qualifying as landscaping shall be ten feet (10) (width and length) with a
minimum area not less than three hundred (300) square feet.
12-6D-11: PARKING.-
Off
ARKING:
Off street parking shall be provided in accordance with chapter 10 of this title.
Title 13 — Subdivision Regulations, Vail Town Code
Chapter 1, General Provisions (in part)
13-1-2: PURPOSE:
A. Statutory Authority: The subdivision regulations contained in this title have
been prepared and enacted in accordance with Colorado Revised Statutes
title 31, article 23, for the purpose of promoting the health, safety and welfare
of the present and future inhabitants of the town.
B. Goals: To these ends, these regulations are intended to protect the
environment, to ensure efficient circulation, adequate improvements,
sufficient open space and in general, to assist the orderly, efficient and
integrated development of the town. These regulations also provide for the
proper arrangement of streets and ensure proper distribution of population.
The regulations also coordinate the need for public services with
governmental improvement programs. Standards for design and construction
of improvements are hereby set forth to ensure adequate and convenient
traffic circulation, utilities, emergency access, drainage, recreation and light
and air. Also intended is the improvement of land records and surveys, plans
and plats and to safeguard the interests of the public and subdivider and
provide consumer protection for the purchaser; and to regulate other matters
as the town planning and environmental commission and town council may
deem necessary in order to protect the best interests of the public.
C. Specific Purposes: These regulations are further intended to serve the
following specific purposes.-
1.
urposes:
1. To inform each subdivider of the standards and criteria by which
development proposals will be evaluated, and to provide information as
to the type and extent of improvements required.
2. To provide for the subdivision of property in the future without conflict
with development on adjacent land.
Town of Vail Page 6
3. To protect and conserve the value of land throughout the municipality
and the value of buildings and improvements on the land.
4. To ensure that subdivision of property is in compliance with the town's
zoning ordinance, to achieve a harmonious, convenient, workable
relationship among land uses, consistent with town development
objectives.
5. To guide public and private policy and action in order to provide
adequate and efficient transportation, water, sewage, schools, parks,
playgrounds, recreation, and other public requirements and facilities
and generally to provide that public facilities will have sufficient
capacity to serve the proposed subdivision.
6. To provide for accurate legal descriptions of newly subdivided land and
to establish reasonable and desirable construction design standards
and procedures.
7. To prevent the pollution of air, streams and ponds, to assure adequacy
of drainage facilities, to safeguard the water table and to encourage
the wise use and management of natural resources throughout the
town in order to preserve the integrity, stability and beauty of the
community and the value of the land.
13-1-3: COMPLIANCE:
A. General Prohibition: It is unlawful for any person, business, or corporation to
violate any of the provisions of this chapter or to transfer, sell, lease or agree
to sell or lease, any lot, tract, parcel, site, separate interest (including a
leasehold interest), interest in common, condominium interest, timeshare
estate, fractional fee, or timeshare license, or any other division within a
subdivision within the town until such subdivision has been approved in
writing by the administrator, planning and environmental commission and/or
the council (whichever is applicable) and a plat thereof recorded in the office
of the Eagle County clerk and recorder, provided, however, that a written
agreement to sell or lease which is expressly conditioned upon full
compliance by the seller with the subdivision regulations of the town within a
specified period of time and which expressly recites the seller's failure to
satisfy such condition within such period of time shall terminate the
agreement and entitle the buyer to the prompt return of all consideration
heretofore paid by the buyer under such agreement, shall not constitute a
violation of this subsection.
B. Prohibitive Conveyance: No lot or parcel of land, nor any interest therein,
shall be transferred, conveyed, sold, subdivided or acquired either in whole or
Town of Vail Page 7
in part, so as to create a new nonconforming lot, or to avoid or circumvent or
subvert any provision of this chapter.
C. Responsibility: The owner, developer, buyer, or seller shall be fully
responsible for all acts of agents or employees thereof that are committed in
violation of the terms of this chapter.
Chapter 2, Definitions (in part)
SUBDIVISION OR SUBDIVIDED LAND.-
A.
AND:
A. Meaning.-
1.
eaning:
1. A tract of land which is divided into two (2) or more lots, tracts, parcels,
sites, separate interests (including leasehold interests), interests in
common, or other division for the purpose, whether immediate or
future, of transfer of ownership, or for building or other development, or
for street use by reference to such subdivision or recorded plat thereof;
or
2. A tract of land including land to be used for condominiums, timeshare
units, or fractional fee club units, or
3. A house, condominium, apartment or other dwelling unit which is
divided into two (2) or more separate interests through division of the
fee or title thereto, whether by conveyance, license, lease, contract for
sale or any other method of disposition.
B. Exceptions: Unless the method of land disposition is adopted for the purpose
of evading this definition, the term "subdivision" as defined herein shall not
apply to any of the following divisions of land or interests in land.-
1.
and:
1. The division of land by order of any court in this state or by operation of
law.
2. The division of land by a lien, mortgage, deed of trust or any other
security instrument.
3. The division of land by a security or unit of interest in any investment
trust regulated under the laws of this state or any other interest in an
investment entity.
4. The division of land which creates an interest or interests in oil, gas or
minerals which are now or hereafter severed from the surface
ownership of real property.
Town of Vail Page 8
5. The division of land by the acquisition of an interest in land in the name
of a husband and wife or other persons in joint tenancy or as tenants in
common and any such interest shall be deemed for purposes of this
definition as only one interest; provided, however, that no agreement
exists, either recorded or unrecorded, between the cotenants allowing
for the use and occupancy of the property by one or more cotenants to
the exclusion of one or more cotenants during any period, whether
annually recurring or not if such agreement is in any way binding or
effective upon any assignee or future owner of a fractional fee interest
or if such agreement continues to be in any way binding or effective
upon any cotenant for the sale of any interest in the property.
6. The division of land by reason of the dissolution of a joint venture or
business entity.
C. Compliance: No subdivision shall be approved which includes elements not in
conformance with the provisions of any applicable zoning ordinance or other
ordinance of the town or law or regulations of the state.
D. Major Subdivision: Any subdivision involving more than four (4) lots, or a
subdivision proposal without all lots having frontage on a public or approved
street, or with a request to extend municipal facilities in a significant manner,
or a proposal which would negatively affect the natural environment as
determined under section 12-12-2, "Applicability", of this code, or if the
proposal would adversely affect the development of the remainder of the
parcel or adjoining property.
E. Minor Subdivision: Any subdivision containing not more than four (4) lots
fronting on an existing street, not involving any new street or road or the
extension of municipal facilities and not adversely affecting the development
of the remainder of the parcel or adjoining property.
F. Single -Family Subdivision: A subdivision of an existing lot, which is
recognized by the town of Vail as a legally subdivided lot, and which shall
contain a single-family or two-family dwelling. Each such dwelling shall be
separated from any other dwelling by space on all sides. For zoning
purposes, the lots created by a single-family subdivision shall be treated as
one lot.
Chapter 3, Section 4, Commission Review of Application, Criteria and Necessary
Findings.-
13-3-4.-
indings:
13-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA AND
NECESSARY FINDINGS
Town of Vail Page 9
The planning and environmental commission shall conduct a public hearing on an
application for a preliminary plan for subdivision. The planning and environmental
commission shall consider the application, relevant additional materials, staff report
and recommendations as well as any other comments or public information given at
the hearing. The planning and environmental commission may discuss advisable
changes to the proposed subdivision with the applicant. The burden of proof shall
rest with the applicant to show that the application is in compliance with the intent
and purposes of this chapter, the zoning ordinance and other pertinent regulations
that the planning and environmental commission deems applicable. Due
consideration shall be given to the recommendations made by public agencies, utility
companies and other agencies consulted under subsection 13-3-C of this chapter.
A. Before recommending approval, approval with conditions or disapproval of
the preliminary plan, the planning and environmental commission shall
consider the following criteria with respect to the proposed subdivision.-
1.
ubdivision:
1. The extent to which the proposed subdivision is consistent with all the
applicable elements of the adopted goals, objectives and policies
outlined in the Vail comprehensive plan and is compatible with the
development objectives of the town, and
2. The extent to which the proposed subdivision complies with all of the
standards of this title, as well as, but not limited to, title 12, "Zoning
Regulations", of this code, and other pertinent regulations that the
planning and environmental commission deems applicable, and
3. The extent to which the proposed subdivision presents a harmonious,
convenient, workable relationship among land uses consistent with
municipal development objectives, and
4. The extent of the effects on the future development of the surrounding
area, and
5. The extent to which the proposed subdivision is located and designed
to avoid creating spatial patterns that cause inefficiencies in the
delivery of public services, or require duplication or premature
extension of public facilities, or result in a "leapfrog" pattern of
development; and
6. The extent to which the utility lines are sized to serve the planned
ultimate population of the service area to avoid future land disruption to
upgrade undersized lines, and
7. The extent to which the proposed subdivision provides for the growth
of an orderly viable community and serves the best interests of the
community as a whole, and
Town of Vail Page 10
8. The extent to which the proposed subdivision results in adverse or
beneficial impacts on the natural environment, including, but not limited
to, water quality, air quality, noise, vegetation, riparian corridors,
hillsides and other desirable natural features, and
9. Such other factors and criteria as the commission and/or council deem
applicable to the proposed subdivision.
B. Necessary Findings: Before recommending and/or granting an approval of an
application for a major subdivision, the planning and environmental
commission shall make the following findings with respect to the proposed
major subdivision.-
1.
ubdivision:
1. That the subdivision is in compliance with the criteria listed in
subsection A of this section.
2. That the subdivision is consistent with the adopted goals, objectives
and policies outlined in the Vail comprehensive plan and compatible
with the development objectives of the town.
3. That the subdivision is compatible with and suitable to adjacent uses
and appropriate for the surrounding areas.
4. That the subdivision promotes the health, safety, morals, and general
welfare of the town and promotes the coordinated and harmonious
development of the town in a manner that conserves and enhances its
natural environment and its established character as a resort and
residential community of the highest quality.
Chapter 4, Minor Subdivisions (in part)
13-4-2: PROCEDURE:
The procedure for a minor subdivision shall be as follows.-
A.
ollows:
A. Submission Of Proposal; Waiver Of Requirements: The subdivider shall
submit two (2) copies of the proposal following the requirements for a final
plat in subsection 13-3-6B of this title, with the provision that certain of these
requirements may be waived by the administrator and/or the planning and
environmental commission if determined not applicable to the project.
B. PEC Public Hearing: Within thirty (30) days of receiving the complete and
correct submittal for a minor subdivision, the planning and environmental
commission shall hold a public hearing to consider the final plat. The
administrator shall cause a copy of a notice of the time, place and general
Town of Vail Page 11
nature of the hearing and proposal to be published in a newspaper of general
circulation in the town at least fifteen (15) days prior to said hearing. Also,
adjacent property owners to the proposed subdivision shall be notified in
writing at least seven (7) days prior to the public hearing.
C. Review And Action On Plat: The planning and environmental commission
shall review the plat and associated materials and shall approve, approve
with modifications or disapprove the plat within twenty one (21) days of the
first public hearing on the minor subdivision or the minor subdivision will be
deemed approved. A longer time period for rendering a decision may be
granted subject to mutual agreement between the planning and
environmental commission and subdivider. The review shall be based on the
criteria and necessary findings in section 13-3-4 of this title.
D. Appeal: Within twenty (20) days the decision of the planning and
environmental commission on the final plat shall be transmitted to the council
by the staff. The council may call up the decision of the planning and
environmental commission within twenty (20) days of the planning and
environmental commission's action. If council appeals the planning and
environmental commission decision, the council shall hear substantially the
same presentation by the applicant as was heard at the planning and
environmental commission hearing(s). The council shall have thirty (30) days
to affirm, reverse, or affirm with modifications the planning and environmental
commission decision, and the council shall conduct the appeal at a regularly
scheduled council meeting.
V. ZONING AND SITE ANALYSIS
Addresses:
Legal Descriptions:
Zoning:
Land Use Plan Designations:
Current Land Uses:
Geological Hazards:
View Corridor:
814 (Lot 3) and 815 (Lot 2) Potato Patch Drive
Vail Potato Patch Filing 1, Block 1, Lot 2 and Lot 3
Two -Family Primary/Secondary Residential (PS)
Low Density Residential
Single -Family Residences
Steep Slopes > 40%
None
Development
Allowed /
Existing
7proposed
Change
Standard
Required
814 Potato Patch
Drive (Lot 3)
Site Area
15,000 SF of
21,083 SF
20,024 SF
-1,059 SF
Buildable Area
(Unknown Buildable)
(15,006 Buildable)
Front: 20'
Front (S): > 20'
Front (S): > 20'
Setbacks
Sides: 15'
Side (E): > 15'
Side (E): > 15'
No Change*
Rear: 15'
Side (W): > 15'
Side (W): > 15'
Rear (N): > 15'
Rear (N): > 15'
Density (DUs)
Max. 2
1 DU
No Change
Town of Vail
Page 12
Density
7,153.1 SF
Unknown
N/A
N/A
(GRFA)
Site Coverage
Max. 20%
10.6%**
18.2%
+7.6%
(4,005 SF)
(2,227 SF)
(3,652 SF)
(+1,425 SF)
Landscaping
Min. 60%
66.1 %**
60%
-6.1%
(12,014 SF)
(13,944 SF)
(12,028 SF)
(-1,916 SF)
815 Potato Patch
Drive (Lot 2)
Site Area
15,000 SF of
26,239 SF
27,298 SF
+1,059 SF
Buildable Area
(Unknown Buildable)
(21,497 Buildable)
Front — 20'
Front (S): > 20'
Front (S): > 20'
Setbacks
Sides — 15'
Side (E): > 15'
Side (E): > 15'
No Change*
Rear — 15'
Side (W): > 15'
Side (W): > 15'
Rear (N): > 15'
Rear (N): > 15'
Density (DUs)
Max. 2
1 DU
No Change
Density
8,098.7 SF
Unknown
N/A
N/A
(GRFA)
Site Coverage
Max. 20%
15%***
19.2%
+4.2%
(5,460 SF)
(3,9312 SF)
(1,3145,246 SF)
(+1,314 SF)
Landscaping
Min. 60%
74.5%***
66.6%
-7.9%
(16,379 SF)
(19,536 SF)
(18,179 SF)
(-1,357 SF)
* Architectural projections, decks, balconies, steps, bay windows, etc. will be reviewed as part of a
subsequent Design Review Board application.
** Based on approval of a new single-family residence in 2000 (DRB000057).
*** Based on approval of a new single-family residence in 1997.
VI. SURROUNDING LAND USES AND ZONING
Existing Land Use: Zoning District:
North: N/A (USFS) N/A (USFS)
South: Low Density Residential Two -Family Primary/Secondary Residential
East: Low Density Residential Two -Family Primary/Secondary Residential
West: Low Density Residential Two -Family Primary/Secondary Residential
U/IN AN I =kTIM61 N 1110 4 N 0
The following are review criteria for a minor subdivision, as outlined in Section 13-3-4,
Commission Review of Application; Criteria and Necessary Findings, Vail Town Code:
1. The extent to which the proposed subdivision is consistent with all the
applicable elements of the adopted goals, objectives and policies outlined
in the Vail comprehensive plan and is compatible with the development
objectives of the town; and
Staff finds that the proposed subdivision is consistent with all applicable elements
of the adopted goals, objectives, and policies outlined in the Vail Comprehensive
Plan and is compatible with the development objectives of the town. While the
Comprehensive Plan is does not discuss single-family and duplex subdivisions in
great detail, Goal 1.3 of the Vail Land Use Plan states, "the quality of
Town of Vail Page 13
development should be maintained and upgraded whenever possible." If
approved, the proposed subdivision would facilitate upgrades to two (2) single-
family residences.
Staff finds the proposed subdivision meets this criterion.
2. The extent to which the proposed subdivision complies with all of the
standards of this title, as well as, but not limited to, title 12, "Zoning
Regulations, " of this code, and other pertinent regulations that the
planning and environmental commission deems applicable; and
Staff finds that the proposed subdivision is in compliance with all of the standards
of Title 12, Zoning Regulations, Vail Town Code, and Title 13, Subdivision
Regulations, Vail Town Code. As proposed, the two (2) development lots meet
all development standards for the Two -Family Primary/Secondary (PS) District.
Staff finds the proposed subdivision meets this criterion.
3. The extent to which the proposed subdivision presents a harmonious,
convenient, workable relationship among land uses consistent with
municipal development objectives; and
Staff finds that the proposed subdivision presents a harmonious, convenient,
workable relationship among land uses consistent with municipal development
objectives. While the proposed shared property line is unusual in its zigzag
shape, there is no prohibition against such property lines within the Vail Town
Code. The proposed subdivision will not negatively impact the existing
relationship among land uses, but it will facilitate renovations and upgrades to
two (2) existing single-family residences.
Staff finds the proposed subdivision meets this criterion.
4. The extent of the effects on the future development of the surrounding
area; and
Staff finds that the proposed subdivision will have no negative impacts on the
future development of the surrounding area. Instead, the proposed subdivision
furthers the implementation of the Town's development objectives by facilitating
upgrades and renovations to two (2) existing single-family residences. Also, the
surrounding area has been developed and an alteration to a shared private
property line between the subject properties will not affect the surrounding area,
now, or in the future.
Staff finds the proposed subdivision meets this criterion.
Town of Vail Page 14
5. The extent to which the proposed subdivision is located and designed to
avoid creating spatial patterns that cause inefficiencies in the delivery of
public services, or require duplication or premature extension of public
facilities, or result in a "leapfrog" pattern of development; and
Staff finds that the proposed subdivision will not cause any inefficiency in the
delivery of public services and will not require duplication or premature extension
of public services, and will not result in a leapfrog development pattern because
the applicant is proposing a subdivision of existing platted lots already served by
public facilities.
Staff finds the proposed subdivision meets this criterion.
6. The extent to which the utility lines are sized to serve the planned ultimate
population of the service area to avoid future land disruption to upgrade
undersized lines; and
Staff finds that the proposed subdivision is already served by appropriately sized
utility lines, resulting in no future land disruptions to upgrade undersized lines.
Staff finds the proposed subdivision meets this criterion.
7. The extent to which the proposed subdivision provides for the growth of an
orderly viable community and serves the best interests of the community
as a whole; and
Staff finds that the proposed subdivision provides for the growth of an orderly
viable community and serves the best interests of the community as a whole
because there will be no negative impact to the community as a whole while
facilitating the community's goal to allow for the maintenance and upgrading of
existing development within the Town.
Staff finds the proposed subdivision meets this criterion.
8. The extent to which the proposed subdivision results in adverse or
beneficial impacts on the natural environment, including, but not limited to,
water quality, air quality, noise, vegetation, riparian corridors, hillsides and
other desirable natural features; and
Staff finds that the proposed subdivision will not result in any adverse impacts on
the natural environment, including, but not limited to, water quality, air quality,
noise, vegetation, riparian corridors, hillsides and other desirable natural
features.
Staff finds the proposed subdivision meets this criterion.
Town of Vail Page 15
9. Such other factors and criteria as the commission and/or council deem
applicable to the proposed subdivision.
VIII. STAFF RECOMMENDATION
Based upon the review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends approval, with one condition, of a final plat pursuant to Title 13, Chapter
4, Minor Subdivisions, Vail Town Code, to allow for the subdivision to reconfigure the
property line between two (2) parcels located at 814 Potato Patch Drive / Lot 3, Block 1,
Vail Potato Patch Filing 1, and 815 Potato Patch Drive / Lot 2, Block 1, Vail Potato
Patch Filing 1, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to approve, with one
condition, this minor subdivision, the Community Development Department
recommends the Planning and Environmental Commission pass the following motion:
"The Planning and Environmental Commission approves the applicant's request for
a final plat, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to
allow for the subdivision to reconfigure the property line between two (2) parcels
located at 814 Potato Patch Drive / Lot 3, Block 1, Vail Potato Patch Filing 1, and
815 Potato Patch Drive / Lot 2, Block 1, Vail Potato Patch Filing 1, and setting forth
details in regard thereto. "
Should the Planning and Environmental Commission choose to approve, with one
condition, this minor subdivision, the Community Development Department
recommends the Planning and Environmental Commission include the following
condition:
"Prior to the signing of the Planning Environmental Commission Certificate on the
final plat of subdivision, the applicant shall provide the written approvals from al
utility providers."
Should the Planning and Environmental Commission choose to approve, with one
condition, this minor subdivision, the Community Development Departments
recommends the Planning and Environmental Commission makes the following
findings:
'Based upon a review of Section Vll of the January 22, 2018 staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony presented,
the Planning and Environmental Commission finds.-
1.
inds:
1. That the subdivision is in compliance with the criteria listed in Section 13-3-4,
Minor Subdivisions, Vail Town Code, and
Town of Vail Page 16
2. That the subdivision is consistent with the adopted goals, objectives and policies
outlined in the Vail comprehensive plan and compatible with the development
objectives of the town,-
3.
own,
3. That the subdivision is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas, and
4. That the subdivision promotes the health, safety, morals, and general welfare of
the town and promotes the coordinated and harmonious development of the town
in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality. "
IX. ATTACHMENTS
A. Vicinity Map
B. Plan Set, prepared by Pierce Architects, received January 15, 2018
C. Proposed Plat of Subdivision, prepared by Brent Biggs, Professional Land Surveyor,
dated January 8, 2018, and received January 15, 2018.
Town of Vail Page 17
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TOWN OF VA10
VAI L TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: January22, 2018
ITEM/TOPIC: January 8, 2018 PEC Results
ATTACHMENTS:
File Name
pec results 010818.pdf
Description
January 8, 2018 PEC Results
TOWN OF VA10
PLANNING AND ENVIRONMENTAL COMMISSION
January 8, 2018, 1:00 PM
Town Council Chambers
75 S. Frontage Road - Vail, Colorado, 81657
Call to Order
Present: Brian Gillette, Pam Hopkins, Ludwig Kurz, John -Ryan Lockman,
Karen Perez, John Rediker, and Brian Stockmar
Absent: None
2. Main Agenda
2.1. A request for review of a final plat, pursuant to Title 13 Chapter 4,
Minor Subdivisions, Vail Town Code, to allow for a subdivision to
reconfigure the property line between two (2) parcels located at 814
Potato Patch Drive/Lot 3, Block 1, Vail Potato Patch Filing 1, and 815
Potato Patch Drive/Lot 2, Block 1, Vail Potato Patch Filing 1, and
setting forth details in regard thereto. (PEC17-0054) 5 min.
Applicant has requested this item be tabled to the January 22, 2018
PEC Meeting.
Applicant: Golden Peak Enterprises LLC, represented by Pierce Architects
Planner: Matt Panfil
Motion: Table to January 22, 2018
First: Kurz Second: Stockmar Vote: 6-0-0 (Gillette Absent
from Vote)
2.2. A work session regarding a request for a recommendation to the Vail
Town Council on the adoption of the 2017 Comprehensive Open
Lands Plan and setting forth details in regard thereto. (PEC17-0049) 5
min.
Applicant has requested this item be tabled to the February 26, 2018
PEC Meeting.
Applicant: Town of Vail, represented by Tom Braun, Braun and
Associates
Planner: Chris Neubecker
Motion: Table to February 26, 2018
First: Stockmar Second: Kurz Vote: 7-0-0
3. Approval of Minutes
3.1. December 11, 2017 PEC Results
Motion: Approve
First: Gillette Second: Stockmar Vote: 5-0-2 (Kurz and
Perez Recused)
4. Informational Update
4.1. Discussion regarding Form Based Code 30 min.
Jonathan Spence provided a PowerPoint presentation to the PEC
regarding form based codes. Spence began with an introduction to the
concept and history of such codes. Spence provided an example of a
form based code prepared by Matt Panfil, Town Planner, for a different
community. Spence continued by discussing the purpose, types, and
uses of form based codes. Form based codes rely on graphics more
than a traditional zoning ordinance.
Rediker asked questions regarding the legal procedures and the size
and scales of form based codes.
Spence stated that form based codes place emphasis on the design of
the public realm. He also discussed potential uses of form based
codes in the Town of Vail. Spence analyzed how a form based code
differs from the current zoning regulations in the Vail Town Code.
Perez stated that she was on the Denver Plan Commission when the
City began incorporating a form based code. She discussed different
examples of her experience with form based codes and stated her
belief that form based codes can be helpful for areas with unique
characteristics.
Rediker asked if, due to the extensive nonconformities in Town, using
a form based code be a way to address these issues. Spence replied
that it depends on whether or not the nonconformities are deemed
desirable or not. Gillette added that he had a positive experience in
Denver in that a form based code made clear the potential massing of
a project, but the code fell short in addressing the smaller details that
gave the neighborhood its character. Rediker asked if staff felt form
based codes would be limited to commercial areas or if it would extend
to residential areas. Hopkins added that she viewed it more as people
based zoning. Rediker asked how typically restrictive form based
codes are.
Spence referenced examples of graphics used in existing form based
codes.
Rediker stated that he could see the use of a form based code in
taking separate elements of Town plans and codes and beginning to
harmonize them into one document. Gillette concurred.
4.2. Gore Creek Macro Invertebrate Score Update 30 min.
Pete Wadden, Watershed Coordinator, provided a PowerPoint
presentation that summarized the 2016 Gore Creek macro invertebrate
score. The first topic discussed by Wadden referenced the sampling
methods and how the samples are analyzed and turned into usable
data. Wadden included information about the various macro
invertebrates that are commonly found in Gore Creek.
Gillette asked about the relationship between weather and bug counts
and if temperature was included in analysis. Gillette suggested
graphics that could incorporate additional factors like temperature.
Rediker asked if the change in altitude affected survey results.
Wadden stated that there are different zones based on characteristics
like altitude, but Gore Creek lies within one consistent zone.
Wadden continued by summarizing the 2016 survey results and
comparing the results to previous years. There was reasonable
progress in 2016, except above the confluence of Gore Creek and
Eagle River. The PEC, Wadden, and Kristen Bertuglia, Environmental
Sustainability Manager, had a lengthy discussion on potential causes
of impairment and what measures may be having a positive overall
affect on Gore Creek.
Wadden presented survey information specific to Red Sandstone
Creek, which has high scores at the top of the creek, but the scores
drop significantly after going through developed areas.
5. Adjournment
Motion: Adjourn
First: Perez
Second: Kurz Vote: 7-0-0
The applications and information about the proposals are available for public inspection during regular office
hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is
invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail
Community Development Department. Times and order of items are approximate, subject to change, and
cannot be relied upon to determine at what time the Planning and Environmental Commission will consider
an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language
interpretation 48 hour prior to meeting time.
Community Development Department
Ad #: 0000175777-01
Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM
Your account number is: 1023233
PROOF OF PUBLICATION
VAIL DAILY
STATE OF COLORADO
COUNTY OF EAGLE
I, Mark Wurzer, do solemnly swear that I am Publisher of
the VAIL DAILY, that the same daily newspaper printed, in
whole or in part and published in the County of Eagle,
State of Colorado, and has a general circulation therein,
that said newspaper has been published continuously and
uninterruptedly in said County of Eagle for a period of
more than fifty-two consecutive weeks next prior to the
first publication of the annexed legal notice or
advertisement and that said newspaper has published the
requested legal notice and advertisement as requested.
The VAIL DAILY is an accepted legal advertising medium,
only for jurisdictions operating under Colorado's Home
Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every number
of said daily newspaper for the period of 1 insertion; and
that the first publication of said notice was in the issue of
said newspaper dated 1/5/2018 and that the last
publication of said notice was dated 1/5/2018 in the issue
of said newspaper.
In witness whereof, I have here unto set my hand this day,
1/8/2018.
Mark Wurzer. Publisher
Subscribed and sworn to before me, a notary public in and
for the County of Eagle, State of Colorado this day
1/8/2018.
�1
Jerilynn Medina, Notary Public
My Commission Expires: August 3, 2020
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THIS TEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN thatthe Planning and
Pr—r menial Commission of the Town of Vail will
hold a public hearing in accordance with section 12-
3-6, Vail Town Code, on —eey 22, 201 a et 1:00
Pm In the Town of Veil Municipal Building.
No new gems have been submitted for this maedng.
Tabled or w,b,ueditems tom previous meetings
may be scheduled for this meelh,g date.
The applicatbns and information about the propos-
Isare available f«Wblic inspech-during ifi-
hours at the Town of Vail Communl Devel
Department 75 South Frontag Road. The public
21nvited to aQud site visits. Plea —11970 79-
38 «visit www.vailcov.wnJdanninc for addition -
.1 infomation.
SIg language Interpretagon available upon request
with 24-hour nod ioation, dial 711.
Published January 5, 20181, the Vail Daly.
00001]5-
Ad #: 0000182726-01
PLANNING AND EN
J11—yVIRONMENTAL
COMMI TSION .W PM
Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM
o— Council Chamber's
75 S. Frontage Road - Vail, Colorado, 81657
Your account number is: 1023233
1. Call to order
1.1.814 & 815 Potato Patch Drive
PROOF OF PUBLICATION
2. Main Agenda
2,1.A report to the Planning antl EnN-
Baa"o a ame�om°ent an .i, in"g C rdiflaZ
VAIL DAILY
P W
Use Permit, pursue. t. Section 12-16-10, Amend
STATE OF COLORADO
_'t Procedures, Vail Town Code, to allow for z
steel- r— tensile fabric shelter at the softball fields
spectator plaza area, located at 580 South Frontage
COUNTY OF EAGLE
Road East (Ford Park)/Unplatted, nd sathng h ni-
details in regain the,-. (PERT]-Ws2) s mm.
The applicant has requested that this item be tabled
I, Mark Wurzer, do solemnly swear that I am Publisher of
tothe March26,2018 mealing.
the VAIL DAILY, that the same daily newspaper printed, in
Aplicant Town of Vail
PP^nor: Jonathan Spence
whole or in art and published in the Count of Eagle,
P P Y 9
quast f°, there Iew
f a -r;ance tr.m Seation 12-6D-6, Sethacks, Val
Town code, m..mance with the pmvis;nns .
State of Colorado, and has a general circulation therein,
Section 12-17-1, variances, Vail Town code, he all.
for a brace to a aide setback, located at 1200
that said newspaper has been published continuously and
Ptarmigan Road, Unit A / Lot 1, Block 8, Vail Village
Filing 7, and setting hurt, details In regard morel..
(PEC1]-004]) 5 in
uninterruptedly in said County of Eagle fora period of
The he, that the its. betabled
more than fifty-two consecutive weeks next prior to the
applman, rsquseted
In.antaEoatl—afinsAppli loan Hy represented by RKD
first publication of the annexed legal notice or
Achiecs
Planner: MaftPanm
advertisement and that said newspaper has the
2.3. A request for review of a
awlsolat,,ppur WTitle,13Chapter 4, Minor Slut,
published
requested legal notice and advertisement as requested.
r to ul
s io �a'h1814 W oI'Patch ossa ae,of 32 BPocF
ar,.=.
1, Vail Potato Patch Filing 1, and 815 Potato Patch
Drive/Lot 2, Block 1, Vail Potato Patch Filing 1, am
sefting forth details in regard thereto. (PEC17-0054
45 min.
The VAIL DAILY is an accepted legal advertising medium,
Applicant. Gold- PeakEnts,risesLLC,
presented by Pierce Architects
only for jurisdictions operating under Colorado's Home
Planner: Man PenSl
Rule provision.
3. 31JanMinutes ann uary 8, 2018 PEC Results
4. Adjournment
The applications and information about the propos
That
That the annexed legal notice or advertisement was
for public inspection dunng regular
afli a hours at the Town of Vail Community Develop
published in the regular and entire issue of every number
t Department, 75 South Frontage Read. The
,nein isln,itedt0att,adtheproject.dentch-and
of said daily newspaper for the period of 1 insertion; and
the site visits that phi a the public hearing in the
Town of Vail Community Deval,pmant Departmert.
that the first publication of said notice was in the issue of
P
Times and order of items are approximate, subject
a^ change, and ran,. be rell.d upon tb deterroine
what time the Planning antl Environmental Com -
said newspaper dated 1/19/2018 and that the last
will consider an item. Please call (970) 479 -
2138 for addhional information. Please call 711 to
publication of said notice was dated 1/19/2018 in the issue
sign language Interpretation 48 hour prior to meet -
co mun
of said newspaper.
ny, Development Department Published in
the Vail DaillyJanuary19,2018 W00182726
In witness whereof, I have here unto set my hand this day,
1/23/2018.
Mark Wurzer. Publisher
Subscribed and sworn to before me, a notary public in and
for the County of Eagle, State of Colorado this day
1/23/2018.
�1
Jerilynn Medina, Notary Public
My Commission Expires: August 3, 2020
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