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HomeMy WebLinkAboutDRB130191 Appeal Explanation of How Appelants are Aggrieved or Adversely Affected��a, C� HOLLAND &HART.. T H t_ ��w •(_, u T v1 s° T June 21, 2013 George Ruther Director of Community Development 75 South Frontage Road Vail, CO 81657 CC: Kendra L. Carberry, Esq. Hayes, Phillips, Hoffmann & Carberry, P.C. 1530 16th Street, Suite 200 Denver, CO 80202 Matt Mire, Esq. 75 South Frontage Road Vail, CO 81657 Christopher H. Toll, P.C. Phone 303 - 290 -1637 Fax 303 - 975 -5300 Croll@hollandhart.com 6 JUN 2 5 2013 TOWN OF VAIL EXPLANATION OF HOW APPELLANTS ARE AGGRIEVED OR ADVERSELY AFFECTED Appellants R. Glenn Hilliard, Debora Webster, Sam and Luleta Maslak, Landon Hilliard, Olson Family 2012 Trust, Richard and Celeste Callahan, 1835 Sunburst Drive LLC, and Starfire Company, through their attorneys, Holland & Hart LLP, offer the following explanation of how they will be aggrieved or adversely affected from the DRB's June 19, 2013, approval of the Vail Recreation District's application to reconfigure the 18th hole on the Vail Golf Course, which includes converting the western part of the 18th fairway into an event area, relocating the 18th green to an area adjacent to residences not previously affected by a finishing hole, relocating the 18th tee location, and altering the Vail Golf Course design plan. The Application Is Connected to the Town's Clubhouse Plans It is important to note that the VRD's application to move the 18th green is directly connected to the Town of Vail's plan to convert the Vail Golf Course clubhouse and part of the current 18th fairway into an events center. The movement of the 18th green and the reconfiguration of the clubhouse and 18th fairway are part and parcel to the same overall plan, and the movement of the 18th green and abandonment of the western part of the 18th fairway would not be happening if not for the clubhouse renovation. Likewise, the VRD would not be Holland & Hart I.LP Attorneys at Law Phone (303)290 -1600 Fax (303)290 -1606 www.hollandharuom 6380 S. Fiddlers Green Circle Suite 500 Greenwood Village, CO 80111 Aspen Billings Boise Boulder Carson City Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C. 1� C� HOLLAND & HART, Explanation of Grievances June 21, 2013 Page 2 trying to move the 18th green if not for the Town's plans to change and redevelop the clubhouse and 18th fairway and current 18th green for weddings and other events disruptive to the neighborhood and the golfing community. Therefore, because the VRD's application is a part of the Town's broader plans, the grievances and adverse effects of the Town's plan are relevant to this appeal. The Town's Plan Will Be a Nuisance to the Neighborhood Because the appellants' homes sit east and south of the clubhouse, the Town's current plans will maximize the nuisance to them and the rest of the neighborhood. The Town intends to configure the new events center so that all banquets and outdoor activities occur to the south and east of the clubhouse. Special events held in this area in the past have been disruptive to the neighborhood and have forced neighbors, including some of the appellants, to call the police. Rather than develop a plan that would reduce the likelihood of such problems, the Town has instead proposed plans that will increase them substantially, both in number and in physical scope. As one community member explained to the PEC, even during activities held currently at the clubhouse, people often wander onto her property, the noise is loud and disturbing, and the police do nothing to stop it. Specifically, the following will all adversely affect both the appellants and the other neighbors in the area: 1. Noise. The Town's plans will create noise that will serve as a nuisance to all homeowners along the 18th fairway and current 18th green and in the adjoining townhomes. Indeed, the expansive use of the facility as a revenue - producing events center raises the following concerns regarding noise: a. Orientation of activities. The Town's current proposals place activities in the one location that will maximize the noise nuisance to the appellants. b. Lack of effective control. The Town has shown an inability to control the noise level of events held in the modest space already at the clubhouse, even when neighbors complain. If the Town succeeds in creating an event center of the magnitude it is proposing, the impact on the neighborhood will be severe. When the windows and doors are opened, the building itself will act as an amphitheater, magnifying the volume of events held there. Music, crowd, and traffic noise will cause a diminution in value of the appellants' homes. C. Hours of operation. The Town plans to allow music to continue at the new events center until midnight each night and activities may continue to 2:00 a.m. The attendees likely will not all leave until some time after that. Such late hours will prevent those in the neighborhood, including the appellants, from experiencing HOLLAND & HART- Explanation of Grievances r H E L n W U I �,1 E S 7 June 21, 2013 Page 3 any peace and quiet at a late evening hour, something many of the homeowners relied on having when they purchased their properties. d. Estimates suggest the center will host more than anywhere from 60 to 100 events per year, and the number could be substantially more than that. This will prevent the appellants and their neighbors from enjoying their property at least three nights per week and potentially more. e. As many owners in the area made clear before the PEC, the impact of events does not stay within the confines of the golf course clubhouse. In the past, event attendees have created disturbances in the parking lot and on neighbors' property, something that will continue with the increased number of events and attendees. 2. Lighting. Lighting associated with evening activities will be a nuisance to the appellants and the neighborhood in several respects. Because lighting for outside activities will most likely be affixed to the building, it will shine toward the residences, creating a continuing glare. Any lighting sufficient to illuminate the outdoor banquet areas will almost certainly be bright enough to illuminate the adjoining properties as well. And because lighting will be necessary beyond the period when events occur, as people are AK leaving to their vehicles, it will be a problem well past midnight, resulting in an aggravated impact on the neighboring residences. 3. Erratic Behavior and Lack of Law Enforcement. During past social gatherings at the clubhouse, which were much smaller than that which the Town is proposing to host, the conduct of attendees has often been out of control, resulting in safety issues and disturbance to the appellants and the neighborhood. And calls to law enforcement have been ineffective. Larger events designed to be outside will only increase such activity. 4. Tents. The CUP the Town is seeking will allow it to use the 18th fairway and the 18th green as a venue to raise large tents under which they can host affairs even larger than those contemplated for the events center itself. Such a use will only exacerbate the issues we have already raised, including noise, lighting, and unruly behavior, and will create opportunities for other nuisances and torts, such as trespasses onto the residential properties. The information the Town has circulated indicates that the Town will prohibit private parties from using tents but that the Vail Recreation District may still use tents for special public events. Moreover, the Town has not promised to prohibit the use of tents on the 18th fairway. Moreover, the Town could change its policy at any time to allow tents both within the zone covered by the CUP and outside it. 5. Reconfiguration of Driving Range Nets. The Town insists on increasing the height of the driving range nets, which will distract the Appellants, neighbors, golfers, tourists, motorists along I -70, bikers, and others attempting to enjoy the scenery. No valid reason CO exists for reconfiguring the driving range nets, especially if the Town abandons its plan to H O L LAND & HART. Explanation of Grievances June 21, 2013 Page 4 move the 18th green. The movement of the green is what places golfers in danger. The Town's current plan is forcing it to spend large sums of money to address safety concerns that would not exist if the Town would simply change its current course of action. 6. Lack of Buffer to Protect Residences. Whatever activities occur at the current parking lot, the current clubhouse site, or at the current location of the 18th fairway and green, the impacts on the Appellants and the neighborhood will be significant. There is simply no way to buffer the homeowners from the activities. At Donovan Pavilion, the nearest residence to the building is approximately twice the distance as is the nearest residence on Sunburst Drive to the Vail Golf Course clubhouse. In addition, at Donovan, Gore Creek and a wide and dense growth of evergreen trees shield the nearby residences. If this project goes forward in any manner other than by simply creating a quality golf course clubhouse with no significant event facility, the neighborhood residences will experience substantial reduction in value and will require increased protection from both parking activities and event functions. 7. Uncertainty Regarding Zoning and Development Plans. Because of the broad options available under the zoning regulations, the Town will have broad flexibility regarding how to use the clubhouse, the 18th green, and the 18th fairway. This is especially true because the Town refuses to be bound by any of the proposals it has put forth to the PEC. it The uncertainty regarding how the Town intends to use the property prevents the residents of the adjoining properties from the normal use of their residences, decreases the property and resale value of the golf course neighbors' homes and properties, and leaves open the possibility that the Town will, at a later time, use the property for purposes other than those it now identifies. The Town's Plan Will Result in Parking, Congestion, and Safetv Issues The Town intends to increase the parking lot capacity from 128 spaces to 158 through the use of a valet parking program. Such an increase will further deteriorate the quality of the golf course and thus the area immediately surrounding the Appellants' homes. As a representative of the Town made clear at the January 14 PEC meeting, even now, when weddings and other events occur only 15 times a year, parking and traffic congestion are still problems when the slightest unforeseen wrinkle occurs. The Town is now attempting to raise the number of events to somewhere between 65 and 1001 at the same time it is trying to increase the size of those events. It is irrational to think it can do so and avoid the traffic and parking problems it is already experiencing, even with a plan in place. 1 In its initial estimates, the Town indicated that the events center would likely host close to 100 events per year. After resistance from the community, it revised that number to 65, but the initial estimates were likely more realistic. ANN The Town is hoping to build a premier wedding venue, and that space will attract users. HOLLAND &HART, Explanation of Grievances lJ , try E, S V June 21, 2013 Page 5 The Town has proffered a number of parking plans, none of which has been viable. The latest, which the Town claims is feasible, only works by ignoring key realities and assuming perfect conditions. Even then it requires elaborate efforts, such as on -site valet parking, off -site valet parking, and shuttling. But because the Town's plan will stretch the property beyond its capacity, the reality is that any variable will throw the Town's parking plans into chaos. The slightest unexpected event will cause traffic, parking, and safety concerns all along Sunburst Drive. A neighborhood meeting, a group of cyclists looking to use Sunburst Drive, more golfers than expected, families hoping to park near the golf course for an evening stroll along Sunburst —any one would create a malaise of traffic, safety, and congestion concerns. The Town is asking for approval of its application on the assumption that no other variable will ever occur. It is not a realistic assumption. In addition, the Town's plans raise serious safety and congestion concerns. According to its plans, events scheduled at the clubhouse may begin as early as 4 p.m. At that time, golfers will still be on the course and their cars in the parking lot, which will not have the capacity for both golfer vehicles and event attendee vehicles. The result will be individuals parking along the shoulder of Sunburst Drive, which creates hazards for emergency vehicles trying to access the neighborhood, as well as severe congestion for the residents and substantial risk to the bikers and runners who use Sunburst. The appellants will be aggrieved and adversely affected both from the risks associated with the increased traffic congestion and from the diminution in property value that will result from it. Other Issues Will Adversely Affect the Appellants and Other Neighbors The Town's intended uses raise a number of issues, including safety concerns for pedestrians and cyclists along Sunburst Drive, the potential that fire and emergency personnel will not be able to access Sunburst Drive during large events, the Town's inability to enforce crowd control methods, lack of on -site law enforcement, and the Town's discretion to put up tents on the 18th fairway, which will inevitably lead to far more attendees than the Town's parking plan anticipates. In sum, the Town's plan will aggrieve and adversely affect the appellants and other neighbors in the area in numerous ways. Respectfully, Christopher H. Toll Steven T. Collis 4; 6261605_1