HomeMy WebLinkAboutPEC100014 Minigolf CUP 041210MEMORANDUM
TO: Planning and Environmental Commission
FROM: Department of Community Development
DATE: April 12, 2009
SUBJECT: A request for the review of a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally (On All Levels Or Outside Of A Building), Vail Town Code, for
private outdoor recreation facilities, as a primary use, in the Lionshead Mixed Use 1 District, to allow for a miniature golf course located at 560 East Lionshead Circle/Lot 2, Vail
Lionshead 6th Filing, and setting forth details in regard thereto. (PEC100014)
Applicant: Vail Resorts, Inc., represented by Jeff Babb
Planner: Rachel Friede
SUMMARY
The applicant, Vail Resorts, Inc, represented by Jeff Babb, is requesting a review of a conditional use permit for private outdoor recreation facilities, to allow for the construction
of a miniature golf course, located south of the Lionshead restroom building at 560 East Lionshead Circle/Lot 2, Vail Lionshead 6th Filing.
Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Staff recommends approval, with condition(s), of this
request subject to the findings noted in Section VIII of this memorandum. A vicinity map (Attachment A) and the applicant’s request (Attachment B) have been attached for reference.
DESCRIPTION OF THE REQUEST
The applicant is proposing a miniature golf course on Lot 2, Vail Lionshead 6th Filing and Tract B, Vail Lionshead First Filing. Tract B is zoned Agriculture and Open Space District,
and active recreation areas are a permitted use in this district. Lot 2 is zoned Lionshead Mixed Use 1 District, and private outdoor recreation facilities, as a primary use, is a conditional
use. Therefore, the applicant is requesting a conditional use permit for the portion of the miniature golf course located on Lot 2 within the LMU-1 District.
The conditional use permit request includes the following:
18-hole miniature golf course
Open Summer months only from 10am - 9pm
4 landscape lights (less than 18 inches from ground) per hole to aid nighttime operations
Water feature with recirculating non-potable water
Gore Valley Trail running through the course, with three crossings (including one ADA exit) over the trail; trail will be striped and signage will be installed
No parking impacts and no additional parking requirement
Most features will be removable for winter months (including bridges, water features, fencing, flags, etc.)
Extensive low lying xeriscape landscaping
III. BACKGROUND
A miniature golf course was located in this area from 1999 through 2004. When the Gondola Building was demolished and Arrabelle construction commenced, the miniature golf course was
removed from this area.
On April 7, 2010, the Design Review Board approved the related design review application with the following conditions:
The applicant shall install all fully cut-off light fixtures so that all light fixtures to do not emit light above the horizontal plane of the light source, as further regulated by Section
14-10-7, Outdoor Lighting, Vail Town Code.
The applicant shall install wildlife resistant trash containers on site to match existing trash containers in the vicinity, or shall remove all trash daily in compliance with the Vail
Town Code.
The applicant agrees, if deemed necessary by the Town after a joint site visit once the snow is melted, to relocate/regrade the east end of the Gore Valley Trail within this project
area to provide the safest reasonable configuration to accommodate site distance and provide a reasonable grade for the bike path in this area.
The applicant may make minor changes to the layout of the golf course holes and shall submit an as-built plan to the Town of Vail prior to final inspections. Should Town Staff deem
the changes to be significant, the Applicant shall submit a changes to approved plans application for review.
The applicant shall install signage along the pedestrian path crossings per the Town of Vail’s sign program for the Gore Valley Trail. Signage on Gore Valley Trail shall be considered
“Government signs, including directional signs, to control traffic or for other regulatory purposes” and shall be exempt from the review process. The applicant shall submit an application
for signs for all other signage on site, including the Business ID sign.
The applicant shall install fencing along the Gore Valley Trail a minimum of two (2) feet from the edge of asphalt.
The applicant shall paint crosswalks on the Gore Valley Trail at each crossing within the Miniature Golf Course.
The applicant shall submit a weed management plan and gain approval of this plan by Town Staff prior to construction. The approved plan shall be implemented during construction to remove
and/or control all noxious and invasive plants.
This approval is contingent upon the Planning and Environmental Commission’s approval of a conditional use permit.
The Design Review Board recommended that the PEC further examine the impacts of the interaction between the miniature golf course and the Gore Valley Trail upon review of the conditional
use permit.
IV. ZONING ANALYSIS
Legal Description: Lot 2, Vail Lionshead 6th Filing
Tract B, Vail Lionshead 1st Filing
Zoning: Lionshead Mixed Use 1 (Lot 2)
Agriculture and Open Space (Tract B)
Lot Size: Lot 2: 1.777 acres
Tract B: 2.132 acres
V. SURROUNDING LAND USES AND ZONING
Land Uses Zoning
North: Public Restroom Lionshead Mixed Use 1 District
South: Gore Creek Agriculture and Open Space District
East: Gore Creek Natural Area Preservation District
West: Mixed Use Lionshead Mixed Use 1 District
VI. APPLICABLE PLANNING DOCUMENTS
TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE
CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part)
Section 12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development
of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality.
B. Specific: These regulations are intended to achieve the following more specific purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets.
4. To promote adequate and appropriately located off-street parking and loading facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with structures.
8. To safeguard and enhance the appearance of the Town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features.
10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
ARTICLE 12-7H: LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT
12-7H-1: Purpose:
The Lionshead mixed use 1 district is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants,
offices, skier services, and commercial establishments in a clustered, unified development. Lionshead mixed use 1 district, in accordance with the Lionshead redevelopment master plan,
is intended to ensure adequate light, air, open space and other amenities
appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone
district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to
provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives
in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment
master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master
plan. Additionally, the incentives are created to help finance public off site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage
of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements,
and similar improvements.
CHAPTER 12-16: CONDITIONAL USES PERMITS (IN PART)
Section 12-16-1: Purpose; Limitations:
In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use
permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with
respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional
uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town
may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other
uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied.
VII. REVIEW CRITERIA
Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use:
1. Relationship and impact of the use on the development objectives of the Town.
Staff believes the installation of a new miniature golf course will help fulfill the development objectives of the Town. This golf course furthers the vision of the Vail 20/20 Strategic
Plan, where the community vision called for Vail to be a “premier mountain resort community… achieved through world-class recreational..opportunities.” Further, the Vail 20/20 Strategic
Plan outlines working with Vail Resorts to provide additional recreational opportunities on Vail Mountain.
2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs.
Staff believes this facility will not have negative effects on light and air, distribution of population, transportation facilities, utilities, schools, and other public facilities.
The proposed lighting plan includes four landscape lights per hole, with all fixtures fully cut-off and less than 18 inches in height. Staff believes these lights will not have negative
impacts to neighboring properties. Staff believes these facilities will have a positive effect on the Town’s parks and recreation facilities, providing an additional facility for the
public to enjoy. Staff believes that the miniature golf course will not have any major impact on parking, and will not require additional parking for users, as they will be engaged
in other activities within Lionshead.
3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow
from the street and parking areas.
Staff believes the miniature golf course will not have negative effects on congestion, access, maneuverability and snow removal. Staff believes the miniature golf course will have some
impact upon pedestrian safety because the bicycle/pedestrian path will cross through the miniature golf course. The Gore Valley Trail was not installed in the approved location upon
completion of the Lionshead Restrooms. Originally, the trail was intended to be installed directly south of the restroom building. However, it was installed further south as shown
on the survey. Vail Resorts would like to keep the current location because the current grading works well for the children’s ski school program. Staff is working with the application
to provide adequate signage and fencing, as shown on the application, that will alleviate any major conflicts. Staff included a recommended condition that the path may be moved upon
a site visit after the snow melts with the Public Works Department.
The Design Review Board recommended the PEC further review the potential conflict between the Gore Valley Trail and the golf course. In the winter months, this course will be converted
back to a children’s ski yard, so the conflict between the bike path and the mountain are limited to summer months.
4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses.
Staff believes the character of Lionshead will be bolstered by the inclusion of a miniature golf course. Further, Staff believes the bulk and mass of the miniature golf course will
not have adverse effects on the character of the area. The proposed hours of operation of the course are from 10am - 9pm, which will provide additional all ages activities later in
the day for this neighborhood. Amplified sound will be limited to existing amplified sound within the restroom building. No additional speakers are being proposed, which will limit
the disturbance from the course. Further, this use will be required to comply with the Town of Vail Noise Requirements. Lighting will be utilized for dusk-dark play, but will not be
illuminated after the course is closed. This will further limit the impacts of this use on neighboring properties.
VIII. STAFF RECOMMENDATION
The Department of Community Development recommends the Planning and Environmental Commission approves, with condition(s), this request for a review of a conditional use permit, pursuant
to Section 12-7H-5, Conditional Uses; Generally (On All Levels Or Outside Of A Building), Vail Town Code, for private outdoor recreation facilities, as a primary use, in the Lionshead
Mixed Use 1 District, to allow for a miniature golf course located at 560 East Lionshead Circle/Lot 2, Vail Lionshead 6th Filing, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to approve this request, Staff recommends the Commission make the following motion:
“The Planning and Environmental Commission approves this request for a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally (On All Levels Or Outside Of A
Building), Vail Town Code, for private outdoor recreation facilities, as a primary use, in the Lionshead Mixed Use 1 District, to allow for a miniature golf course located at 560 East
Lionshead Circle/Lot 2, Vail Lionshead 6th Filing, and setting forth details in regard thereto.”
Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Department of Community Development recommends the Commission pass the following
conditions:
“The applicant shall install all fully cut-off light fixtures less than 18 inches above grade. Lights shall be turned off when the miniature golf course is closed.
The applicant shall install wildlife resistant trash containers on site to match existing trash containers in the vicinity, or shall remove all trash daily in compliance with the Vail
Town Code.
The applicant shall, if deemed necessary by the Town after a joint site visit once the snow is melted, relocate/regrade the east end of the Gore Valley Trail within this project area
to provide the safest reasonable configuration to accommodate site distance and provide a reasonable grade for the bike path in this area.
The applicant may make minor changes to the layout of the golf course holes and shall submit an as-built plan to the Town of Vail prior to final inspections. Should Town Staff deem
the changes to be significant, the Applicant shall submit a changes to approved plans application for review.
The applicant shall install signage along the pedestrian path crossings per the Town of Vail’s sign program for the Gore Valley Trail. Signage on Gore Valley Trail shall be considered
“Government signs, including directional signs, to control traffic or for other regulatory purposes” and shall be exempt from the review process. The applicant shall submit a design
review application for all other signage on site, including any Business ID signs.
The applicant shall install fencing along the Gore Valley Trail a minimum of two (2) feet from the edge of asphalt and shall maintain said fencing during the summer months each year
that the miniature golf course is operational.
The applicant shall paint crosswalks on the Gore Valley Trail at each crossing within the Miniature Golf Course.
The applicant shall submit a weed management plan and gain approval of this plan by Town Staff prior to construction. The approved plan shall be implemented during construction to remove
and/or control all noxious and invasive plants.
No additional amplified sound shall be permitted to be installed on-site and any noise associated with this project shall not exceed maximum noise levels as outlined in the Vail Town
Code.”
Should the Planning and Environmental Commission choose to approve, with conditions, this conditional use permit request, the Department of Community Development recommends the Commission
makes the following findings:
“Based upon the review of the criteria outlined in Section VII this Staff memorandum to the Planning and Environmental Commission dated April 12, 2010, and the evidence and testimony
presented, the Planning and Environmental Commission finds:
That the proposed location of the use is in accordance with the purposes of this title and the purposes of the zone district in which the site is located.
That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially
injurious to properties or improvements in the vicinity.
That the proposed use will comply with each of the applicable provisions of Title 12, Zoning Regulations, Vail Town Code.”
IX. ATTACHMENTS
Vicinity Map
Applicant’s Request