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HomeMy WebLinkAboutToll_112012 Christopher H. Toll, P.C. HOLLAND&HART. in Phone 303-290-1637 Fax 303-975-5300 THE LAW OUT WEST' CToll@hollandhart.com Via E-mail to Kendra Carberry, Esq. November 20, 2012 Planning and Environmental Commission of the Town of Vail 75 South Frontage Road West Vail, CO 81657 Re: Vail Golf Course and Event Center/Golf Clubhouse Proposal Members of the Commission: We represent (or speak on behalf of)the owners of ten properties on Sunburst Drive, adjacent to the 18th hole of the Vail Golf Course, in connection with three pending applications now before the Planning and Environmental Commission ("PEC"). We attach a list of those families and a map identifying their properties. At the November 12th PEC meeting, several of you expressed many of the same concerns with the current proposal that the Sunburst Drive community has. Although we reiterate and incorporate the many other concerns and issues the Sunburst neighbors raised in the letter submitted to you before the November 12th meeting, this letter will review the particular concerns you expressed an interest in during that meeting. IDENTIFIED PEC CONCERNS I. The Town's proposal does not meet the Vail Municipal Code's test for an "accessory use" in the Outdoor Recreation zone district. As the Town staff pointed out, § 12-8B-3 of the Municipal Code permits as "accessory uses" in the Outdoor Recreation zone district, "[a]ccessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses." Under this provision, to qualify as an "accessory building" or"accessory use,"the structure or use must be (1) customarily incidental and accessory to permitted or conditional outdoor recreational uses, and (2) necessary for the operation thereof. Holland&Hart UP Phone[303]290-1600 Fax[303]290-1606 www.hollandhart.com 6380 South Fiddlers Green Circle Suite 500 Greenwood Village,CO 80111 Aspen Boulder Carson City Colorado Springs Denver Denver Tech Center Billings Boise Cheyenne Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington,D.C. Planning and Environmental HOLLAND &HART. Commission of the Town of Vail November 20, 2012 THE LAW OUT WEST Page 2 Although a traditional golf course clubhouse satisfies those two elements of the test, the proposed event center does not. First, it is not"customarily incidental and accessory to"a golf course. Research shows that no other golf course in Eagle County has an event center remotely similar to what the Town is considering in its application. Although several communities (e.g., Eagle-Vail, Singletree, and Eagle Ranch)have event centers, each is separate and remote from the community golf course and a considerable distance from the nearest residences. Here,the proposed event center has no relationship to permitted or conditional outdoor recreational uses. The permitted or conditional outdoor recreational use at this location is a golf course and Nordic center, but the event center will function separately,with its own entrances and intended division from the golfing and Nordic functions of the clubhouse. The event center will actually destroy portions of the former golfing and Nordic areas. Second,the proposed event center is not"necessary for the operation"of approved uses such as golfing and Nordic activities. If the event center has no relationship to the permitted or conditional outdoor recreational uses,then it certainly cannot be necessary for their operation. In sum, the proposed event center fails to satisfy either of the two tests for a conditional use as an accessory building or use in the Outdoor Recreation zone district. II. The Town's proposal does not meet the Vail Municipal Code's test for an "accessory use" in any zone district. Regardless of whether the proposed event center meets the Municipal Code's definition for"accessory use"in the Outdoor Recreation zone district, it still must meet the Municipal Code's more generally applicable definition for"accessory use." This it cannot do. Section 12- 2-2 of the Municipal Code provides: "Use, Accessory: A use or activity that is subordinate and incidental to a permitted or conditional use." Thus,the critical question is whether the proposed event center is subordinate and incidental to golfing and Nordic uses. It is not. The proposed event center overwhelms and dominates the golfing and Nordic portions of the new clubhouse, especially when considering the additional outdoor event space. The event center is anything but subordinate to the golfing and Nordic uses of the land. Moreover,the proposed event center is not"incidental"to the golf course or Nordic uses of the clubhouse. As already explained, it has nothing to do with the golf course or Nordic uses. The very fact that the proposed plans create two completely separate entries (one for golfers and one for event attendees),the purpose of which is to disconnect the events from the golfing,proves that the event center is not incidental to the golf or Nordic uses. Planning and Environmental HOLLAND &HART in Commission of the Town of Vail November 20, 2012 THE LAW OUT WEST Page 3 III. The parking plan is impractical. The proposed parking plan simply will not work in reality. As the PEC itself has already noted, its myriad flaws include the following: a. The parking plan erroneously assumes that golfers will depart well before event attendees arrive,but in reality, wedding and other events will generally begin between 4 P.M. and 6 P.M.,with support and catering staff arriving well before then. During the summer,when most events are likely to occur, golfers will play the course until dusk, which settles between 8 P.M. and 9 P.M. Many will stay after they are done playing to enjoy the new grill and bar facility the Town is proposing. Between golfers and attendees,the parking lot, even as reconfigured, will be too small. b. The parking plan incorrectly assumes that there will be multiple golfers per vehicle. The reality is that many golfers, if not most, arrive at the golf course in their own vehicles. The number of vehicles for golfers is greater than what the plan assumes. c. The parking plan incorrectly assumes that valet parking for events will work,but the valet-parked cars would block golfers' vehicles, forcing the valets to move the cars when the golfers depart. Such an arrangement is not practical. d. Under the parking plan,the valet-parked vehicles will block the service and emergency access points to the event center building, raising legal and safety concerns. e. The proposed solution to the parking congestion problems—shuttling attendees to the event center—fails to consider that many attendees,when late for an event, will simply bypass the shuttle parking and will attempt to park somewhere near the event center,most likely on Sunburst Drive or in the adjacent townhouse parking lot. Parking congestion will not ease but will instead spread onto private property, creating safety concerns and impeding property owners' use and enjoyment of their land. f. Finally, and perhaps most importantly,the parking plan is based on certain assumptions regarding the numbers of event attendees that are flawed. The estimates concerning numbers attending events such as weddings are apparently based on the 200-person limit planned for the banquet room of the events center. But that 200-person limit applies only to the banquet room itself, under the language of the design plan. There are no associated limits on the number of people who may occupy other adjacent spaces such as the patios and pre-event Planning and Environmental HOLLAND&HART J Commission of the Town of Vail November 20, 2012 THE LAW OUT WEST Page 4 space. And there is no stated limit on the total number of people who may be present,whether event attendees or support staff. There may be 2-3 times as many people on the premises as the parking plan contemplates. IV. Solving problems as they arise through the Management and Operations Plan is an untenable solution. The Town insists that the proper time to deal with problems is when they arise, through the Management and Operations Plan("MOP"). But the MOP has multiple defects,the most important of which is that it fails to deal with problems now. The MOP seems to assume that, rather than taking action to avoid future problems, concerned citizens should remain silent until a problem arises,then try to solve it through the provisions in the MOP. But many of the issues the citizens have identified cannot be resolved once the Town builds the proposed event center. They are fundamental problems intrinsic to the proposed use, and they will continue for an extended time, with everyone—neighbors, event attendees, and golfers alike—suffering the consequences. If the proposed use goes forward, no one will be able to resolve the problems through the MOP. Only a new,better-planned proposal can do that. The PEC has identified other issues with the MOP, such as provisions for(1) a liaison with the neighborhood, (2) supervision of event attendees and traffic, and(3) enforcement of various use limitations. The proposed neighborhood liaison is an unnecessary link in the chain of communication. If any variation of the proposal were to go forward, and a member of the neighborhood were to have an issue,he or she should be able to contact directly the person who is in control of the function and facility and who could resolve the issue,rather than having to work through an intermediary. Regarding supervision and law enforcement,unless law enforcement officials are present at every event,there will be no effective law enforcement. Most safety and other concerns will arise and do their damage long before law enforcement can arrive. Moreover,the parking congestion will make it very difficult for first responders to arrive and do their jobs effectively. Finally,the MOP has too many exceptions and allows the Town too much discretion. The MOP says that special use permits can be granted for particular events providing waivers from certain limits that would otherwise apply,but it is the Town itself that would grant such waivers. Thus, as a practical matter the limits that the MOP purports to impose—on such matters as parking and the use of tents—are not limits at all. Once the Town implements its proposal, the MOP is not strong enough to ensure the Town will honor the commitments it appears to make. Planning and Environmental HOLLAND &HART F. Commission of the Town of Vail THE LAW OUT WEST November 20, 2012 Page 5 CONCLUSION For the foregoing reasons, the PEC should reject the Town's application for a conditional use permit for an event center and subordinate clubhouse at the Vail Golf Course. At its November 12, 2012 meeting,the PEC acknowledged a number of concerns with the Town's proposal. The Town has failed to address those concerns, mostly because it cannot. They are inherent in the Town's event center proposal. As long as the Town insists on turning a golf course clubhouse into a large event center,the PEC should deny its application for a conditional use permit. Respectfully, a Christopher . Toll Steven T. Collis Enclosure xc: Sunburst Drive Homeowners Planning and Environmental HOLLAND &HART. Commission of the Town of Vail November 20, 2012 THE LAW OUT WEST Page 6 Sunburst Drive Homeowners 1785 Sunburst Drive- Cocomodo Investments LP (Olson family) -unplatted 1801-A Sunburst Drive - Hilliard, Glenn- Lot 2A, Vail Valley 3rd Filing 1801-B Sunburst Drive - Chapman, Lee and Sandra- Lot 2B,Vail Valley 3rd Filing 1815 Sunburst Drive- Starfire Co. Ltd. (Gonzalez family) - Lot 3,Vail Valley 3rd Filing 1825 Sunburst Drive- Webster,Deborah- Lot 4, Vail Valley 3rd Filing 1835 Sunburst Drive- 1835 Sunburst Drive, LLC (Chotin family) - Lot 5,Vail Valley 3rd Filing 1875 Sunburst Drive - Callahan, Richard and Celeste - Lot 7,Vail Valley 3rd Filing 1979 Sunburst Drive -Maslak, Samuel and Luleta- Lot 12,Vail Valley 3rd Filing 1999 Sunburst Drive -Knowlton, Richard and Nancy - Lot 14,Vail Valley 3rd Filing 2049 Sunburst Drive -Hilliard, Landon- Lot 1A, Vail Valley 4th Filing • i • 'Id • Q 1(3 .. (1)/ '''.'1,.r ?t VI V .a • ._ _ 4: . g _ t (# , • O�SOMCV 0 I ti • Y . , ..., ...0 . . . .: @I: ' .. 9. 43 • kS jjhir; : ! Vr. kw • ���. « alt,"Ssw. ' 4ier Ft e .• - - •• .. * A\'''Ittly.k:19>ljr ' ' .. - NI • "'kW.' , : .: 1 Ve 14' ..' . ._ • _ : .�----.-...� .. V iiiiinallia at ./.. a i6 _ it.lige 1 . . oununcia. .z . . 4 . 4 t 1 . 1101111111111DIS . Y y - r111r , •