Middle Creek appeal expected today
“We are expecting an appeal to be filed tomorrow,” he said Wednesday.
Today is the deadline for any appeals on the Vail Planning and Zoning Commission’s Sept. 23 approval of Middle Creek, which has drawn criticism from business owners and residents for its proposed mass and size in a prominent location at the entrance to Vail. An appeal would be heard by the Vail Town Council, the town’s highest authority.
“We are trying to put it together as we speak,” Alan Kosloff, president of the Vail Village Homeowners’ Association and a property owner at Spraddle Creek, a subdivision directly up the hill from the proposed, $23 million project, said Wednesday. “But we haven’t made the formal decision whether to file it with the town. We have all day for that.”
However, Kosloff said, “if we do appeal, the grounds will be that we don’t think that the PEC’s decision was a good decision and we want the council to step up to the plate. We want a chance to present this to the council.”
An appeal of the PEC’s decision, according to the Vail Town Code, has to be filed within 10 days of the decision in question. Once filed, the town of Vail’s director of community development and planning staff makes a finding to whether the appellant has “standing.”
“I’ve got to determine that a party is either “agrieved’ or that they as an individual are adversely affected by the decision,” said Russell Forrest, director town’s community development department.
If standing of the appellant is proven, the town has to give notice of a hearing for 15 days and schedule it within 30 days of the appeal deadline.
Forrest said the council would have to schedule a special hearing because the only remaining regular council meeting in October falls on the 15th – too early for the notice period to pass.
“The first time the council could hear this would be in a special meeting on the 22nd,” Russell said.
Geraldine Haldner covers Vail, Minturn and Red Cliff. She can be reached at (970) 949-0555, ext. 602 or at email@example.com.