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HomeMy WebLinkAboutPEC110019 memo/ Department of Community Development 75 South Frontage Road Vail, CO 81657 PH: 970-479-2138 FAX: 970-479-2452 www.vailgov.com March 24, 2011 Town of Vail Planning and Environmental Commission and Adjacent Property Owners Re: 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 changes to a private outdoor recreation facilities, as a primary use, in the Lionshead Mixed Use 1 District, located at 560 East Lionshead Circle/Lot 2, Vail Lionshead 6th Filing, and setting forth details in regard thereto. (PEC110019) Applicant: Vail Corporation, represented by Jeff Babb Planner: Rachel Dimond Dear Planning and Environmental Commission members and adjacent property owners: The purpose of this letter is to inform you that the Town of Vail Staff has approved an amendment to the approved conditional use permit for the Lionshead miniature golf course in order to reduce the size of the course from 18 to 9 holes and to move the entire course onto Lot 2, Vail Lionshead 6th Filing. Initially, the miniature golf course was approved to be constructed 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. On April 12, 2010, the Planning and Environmental Commission approved a conditional use permit for a private outdoor recreation facility on Lot 2 and Tract B. Since that approval, the applicant found that there are legal covenants placed on Tract B that prevent the construction of a miniature golf course. As a result, the applicant amended their application to include only nine holes contained entirely on Lot 2. A site plan detailing this amendment is attached for reference. Larger scale plans are available for inspection at the Town of Vail Community Development Department during regular business hours. The Town of Vail Staff has determined that this amendment to the approved Lionshead miniature golf course conditional use permit meets the review criteria prescribed by Section 12-16-10, Amendment Procedures, Vail Town Code. This administrative approval of a conditional use permit amendment will be reported to the Town of Vail Planning and Environmental Commission at its Monday, April 11, 2011 public hearing at 1:00 p.m. in the Vail Town Council Chambers, located at 75 South Frontage Road West. The Planning and Environmental Commission reserves the right to “call up” this administrative action for additional review at this hearing. This administrative action may also be appealed by an adjacent property owner, any aggrieved or adversely affected person, or the Vail Town Council as outlined in Section 12-3-3, Appeals, Vail Town Code. Based on the conditions placed on the conditional use permit by the Planning and Environmental Commission on April 12, 2010, Staff approved the conditional use permit amendment with 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. The applicant shall install a four rail, split rail fencing along the Gore Valley Trail. The applicant shall refinish/paint/upgrade the existing split rail fencing to match the quality of the newly installed fencing. This approval of a conditional use permit shall expire on April 11, 2014. Should you have any questions, please feel free to contact me directly at 970-479-2440. Sincerely, Rachel Dimond, AICP, LEED AP Town Planner