HomeMy WebLinkAboutSunburst Drive Homeowners 10/17/2012 rCEUW -E'
OCT 17 ZU IZ
J
TOWN OF VAIL
October 17, 2012
Sunburst Drive Homeowners
c/o Sam Maslak
1979 Sunburst Drive
Vail, CO 81657
Planning and Environmental Commission
Town of Vail
75 S. Frontage Road West
Vail, Colorado 81657
Re: Vail Golf Course Clubhouse andl 8th Hole/Zoning and Conditional Use Permit
Dear Planning and Environmental Commission (PEC):
As you are aware, the Town of Vail plans to enlarge the Vail Golf Course clubhouse,
move the 18th green of the golf course, destroy portions of the 18th hole fairway, and use the
entire area as a revenue- and tourism-generating events center. You may also be aware that a
number of us—as neighbors who own homes adjacent to or near the Vail Golf Course—have
filed a lawsuit to prevent the Town from proceeding with its current plans. To meet its goals, the
Town has sought to amend the conditional use permit (CUP) it received in 1986 to expand it in
both size and scope. It also seeks to amend the zone district to change the golf course parking lot
from a General Use District to an Outdoor Recreation District. Finally, it seeks to amend the
zoning for the clubhouse to allow it to increase the clubhouse's height.
As citizens and property owners of Vail, we feel it is important for the PEC to be aware
of our position regarding the Town's requests. We do not oppose changing the parking lot from
a General Use District to an Outdoor Recreation District. We also take no position at this time
on the Town's attempt to change zoning relating to height requirements because it is still unclear
exactly what the Town will seek (although we reserve the right to oppose the Town's plans in the
future once they become more clear). We oppose, however, the Town's request to amend the
Conditional Use Permit to allow it to move forward with its proposed changes to the clubhouse,
the 18th green, and the 18th hole fairway. While we support the effort to improve the clubhouse,
we cannot permit the plan to convert the clubhouse and neighboring area to an event center in
violation of the reasonable expectations of the neighborhood, the voters who approved the use of
convention center funds for clubhouse improvements, and the golf community.
Numerous citizens have raised objections and issues with the Town Council regarding the
proposed changes to the golf course and its clubhouse, indicating that the Town's current plans
1
are unacceptable. Despite this,the Town has refused to address the citizens' concerns or to
change its plans in any meaningful way. The issues are numerous and are so intertwined with
the Town's current proposals that the only way for the Town to address them is to abandon its
current course altogether and begin anew with plans to renovate and update the golf course
clubhouse within its existing footprint and without moving the 18th green. That was what the
Town Council members promised was their intent, that is what the voters approved, and that is
what the Vail Golf Course neighbors, citizens of Vail, and golfers support and deserve.
Reasons for Opposing the Town's Plans and Application to Amend the CUP
We oppose the Town's current plan for the following reasons:
1. Development of Program Without Timely Neighborhood, Golfer, or Other
Involvement. The Town failed to engage the neighborhood and many others effectively during
the development of its plan for conversion of the 18th hole and the clubhouse until after their
plans were fully and privately developed. Even the first notices circulated to the neighborhood,
in connection with a PEC meeting held on May 14, 2012, were misleading. They referred to the
"clubhouse" only and not to the area around the clubhouse, the 18th green, or the 18th fairway,
all of which the Town has, from the beginning, intended to change. Only after two
neighborhood owners realized the impact of the program did the rest of the owners in the
neighborhood around the Golf Course realize how vast the Town's plans were. By that time,the
Town had already traveled so far down its intended path that it either could not or would not
change course. It adopted an inflexible position and largely ignored the opinions and opposition
of the golf course neighbors, the golfing community, and even some of the members of the Vail
Recreation District ("VRD").
2. Size/Capacity of Project. The material the Town created and circulated on 5±'
October 8, 2012 clearly indicates that the Town intends to create an event center with an indoor
"banquet room"that can accommodate 200 seats (and presumably at least that many people).
The Plan also provides for an outdoor events area that will accommodate as many as 500 people.
Finally, the CUP the Town seeks is approximately eight times as large as the CUP it received in
1986, which covered only the existing clubhouse footprint. It also is an expansion in scope,
since the current CUP does not even mention"events" or"banquets" and provides for a meeting
room of only 506 square feet.
The floor plans the Town distributed indicate that the banquet room will be 2,728 square
feet and the outdoor patio area will be an additional 2,750 square feet. A pre-convene space tied
to the banquet room will be 756 square feet. Finally, a"banquet lawn" to the south of the
covered patio will add an additional 5,000 square feet. The total space for holding events at the
golf course clubhouse will thus total approximately 11,234 square feet. And that does not take
into account the CUP's expansion to include the current 18th green and portions of the fairway.
2
By contrast, the pro shop and golfer grille will total only 2,812 square feet. These numbers leave
no doubt that the planned facility will be a large and substantial event center with coincidental
golf space rather than a golf clubhouse that also occasionally serves other community functions,
which the November 2011 ballot question indicated was the Town's intent.
3. Orientation of Any Event Activity Area. Because the golf course neighbors'
homes sit east and south of the clubhouse, the Town's current plans will maximize the nuisance
to 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 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.
At least one member of the community proposed a potential alternative plan that would
have ameliorated many of the golf course neighbors' concerns. The Town refused even to
acknowledge that proposal, and weeks after they received it, some members of the Town Council
admitted they did not even review it.
4. Parking, Congestion, and Safety Issues. The Town intends to increase the
parking lot capacity by roughly 11%. Although the Town has represented that it no longer
desires—as it originally planned—to replace the 18th green with additional parking, it is unlikely
that the Town will be able to host the types of events it contemplates without increasing parking
capacity and further deteriorating the quality of the golf course. The CUP the Town seeks will
allow it to increase the parking lot's size or add other parking at a later date. Moreover,the
Town's plans are subject to the requirements of the PEC and the Design Review Board, which
could render the commitment of no further parking expansion meaningless if neither the PEC nor
the DRB will permit the Town's dramatic expansion plans without significant additional parking.
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.
In sum, there is no way the Town can implement its plans without either expanding the
parking lot into the 18th green or creating serious congestion and safety issues.
3
5. Destruction of 18th Fairway and Green. The Town currently plans to shorten
the 18th fairway and move the 18th hole east of the clubhouse, converting the current 18th green
into a putting/practice green that could also host large tent events. Only after voters raised
concerns did the Town invent a number of safety concerns in an attempt to justify the move.
These safety concerns, which were never mentioned in connection with the proposal to spend
convention center funds on this project, are nothing more than a smokescreen that will allow the
Town to proceed with cutting off the western third of the 18th hole, all for the purpose of raising
revenue for itself through the event center. Even if the Town's "no additional parking"
commitment were credible, there is simply no way of knowing how the Town will use that
property if it receives the CUP it is requesting, both now and in the future. The uncertainty
regarding how the Town intends to use the 18th green will serve as a perpetual cloud over the
neighboring properties and will significantly reduce the value of neighboring homes. :'
6. 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 homeowners.
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
1 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 neighbors' 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 from
experiencing 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 100 events per year, and
the number could be substantially more than that.
4
7. Lighting. Lighting associated with evening activities will be a nuisance to 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 leaving to their vehicles, it will be a problem well past
midnight, resulting in an aggravated impact on the neighboring residences.
8. 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 neighborhood. And calls to law enforcement have been ineffective. Larger events designed
to be outside will only increase such activity.
9. 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. The issues we have
raised, however, are as much a concern for public functions as they are for private ones.
Moreover, the Town could change its policy in the future to allow tents for private events.
10. Reconfiguration of Driving Range Nets. The Town insists on increasing the
height of the driving range nets, which will distract golfers, tourists, motorists along I-70, bikers,
and others attempting to enjoy the scenery. No valid reason exists for reconfiguring the driving
range nets, especially if the Town abandons its plan to 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
reconsider its current course of action.
11. 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 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
5
neighborhood residences will experience substantial reduction in value and will require increased
protection from both parking activities and event functions.
12. Uncertainty Regarding Zoning and Development Plans. Because of the broad
options available under the zoning regulations, if the PEC were to grant the Town's requested
changes to the CUP, the Town would 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. 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.
13. General Considerations. In addition to the issues identified above, the following
more general concerns also warrant consideration:
a. the events center will likely compete with a number of local businesses;
b. given other event centers that are existing or soon coming on-line, the
Town simply does not need another event center or wedding venue;
c. the Town would spend far too much on this project, draining its reserves
and committing future revenues, which will result in less funding to be
available for Ford Park improvements and other Town priorities;
d. many or all homes and townhomes along Sunburst Drive will lose
substantial value, which could result in additional costs to the Town for
this project; and
e. the operation of the proposed center would be a money-losing
proposition, but if the Town were to abandon its plan and limit itself to
renovating the clubhouse only within its existing footprint, it could save
millions of dollars, which should make the project an operational and
financial success.
Requested Actions
We request that the PEC deny the Town's request to amend the CUP, which needs no
amendments to renovate the golf course clubhouse within its current footprint, as the Town
promised was its intent. The Town never mentioned to the voters of Vail its intent to move the
6
18th green or to expand the events capacity of the clubhouse in such a dramatic fashion. As long
as it intends to do so, we request that the PEC deny the Town's application. The Town must
develop the golf course clubhouse in a way that fits within the existing footprint and meets the
needs of the entire community, not the demands of a few special interest groups.
Respectfully,
Sir∎ k P// //444igi
Samuel H. Maslak
Cdr. Luleta Maslak
R. Glenn Hilliard
Steven B. Chotin
Deborah L. Webster
Richard J. Callahan
Mary Celeste Callahan
Curtis Olson
Landon Hilliard
Lee Chapman
Sandra Chapman
Richard Knowlton
Nancy Knowlton
7