HomeMy WebLinkAboutVail Golf Course Club House Appeal memo and supporting materials 060413 MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: June 4, 2013
SUBJECT: A final review of an appeal of a Planning and Environmental Commission
decision, pursuant to Section 12-3-3C, Appeal of Planning and
Environmental Commission Decisions, Vail Town Code, appealing a
decision by the Planning and Environmental Commission approving, with
conditions, a development application for amendments to an existing
conditional use permit for the Vail Golf Course, located at 1775 Sunburst
Drive/Lot 3, Sunburst Filing 3 and Unplatted Parcels, and setting forth
details in regard thereto.
Appellants: R. Glenn Hilliard, Deborah Webster, Olson Family 2012
Trust, StarFire Company, LTD., 1835 Sunburst Drive, LLC.,
Richard J. Callahan and Mary Celeste Callahan, Samuel
and Luleta Maslak, Landon Hilliard, III.
Planner: George Ruther
I. SUBJECT PROPERTY
The Vail Golf Course CUP Area, is located at 1775 Sunburst Drive/Lot 3,
Sunburst Filing 3 and Unplatted Parcels, in Vail, Colorado.
II. VAIL TOWN COUNCIL JURISDICTION
Pursuant to Section 12-3-3C-1, Appeal of Planning and Environmental
Commission Decisions; Authority, Vail Town Code, the town council shall have
the authority to hear and decide appeals from any decision, determination or
interpretation by any the planning and environmental commission with respect to
the provisions of the Title 12, Zoning Regulations, Vail Town Code.
III. PROCEDURAL CRITERIA FOR APPEALS
Pursuant to Sections 12-3-3C-2 and 12-3-3C-3, Appeal of Planning and
Environmental Commission Decisions; Initiation and Procedures, Vail Town
Code, there are three basic procedural criteria for an appeal:
A) standing of the appellant;
B) adequacy of the notice of appeal; and
C) timeliness of the notice of appeal.
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A) Standinq of the Appellants
The Community Development Department has determined that the
appellants 1835 Sunburst Drive LLC, Richard J. and Mary Celeste
Cailahan, Samuel and Luleta Maslak and Landon Hilliard, III lack standing
in this matter both as adjacent property owners and as aggrieved or
adversely affected persons, and further, that the appellants Olson Family
2012 Trust, R. Glenn Hilliard, Starfire Company, LTD, and Deborah H.
Webster maintain standing as adjacent property owners but lack standing
as aggrieved or adversely affected persons.
The appellants' representative submitted a letter "Explanation of How
Appellants are Aggrieved or Adversely Affected" date stamped May 10,
2013. Upon review of the letter, staff has determined that none of the
appellants are aggrieved or adversely affected by the approval of the
amendments to the existing conditional use permit for the golf course
clubhouse. Staff's determination is based upon the following
considerations:
1. The uses proposed by the applicant are consistent with the purposes
of the zone district and achieve the development objectives of the Town.
2. An Operations Plan was required by the Planning and Environmental
Commission and town staff, in addition to the already established
regulations for noise and lighting. In all instances, the Operations Plan is
more restrictive than current regulations, thus affording the appellants
greater protections than those afforded to other property owners
elsewhere in Town.
3. A review of the Town of Vail Police records does not support the
appellants' claims of lack of enforcement.
4. Temporary tents are an allowed use in the zone district today and
regulated by the Zoning Regulations of the Town of Vail. The Operations
Plan again affords the appellants greater protections than those afforded
to other property owners elsewhere in Town.
5. The reconfiguration of the existing driving range net is not relevant to
the conditional use permit approval granted by the Planning and
Environmental Commission. The justifications for its reconfiguration, if
pursued, are not directly related the approval granted.
6. The appellants have provided no competent evidence to support any
claims of lack of buffer to protect residences. Setback requirements have
been imposed to ensure an adequate separation amongst land uses
exist. This allegation adverse affect is unfounded.
7. The Outdoor Recreation zone district, as most recently expanded with
the neighbor's input, provides a significant amount of certainty regarding
the use of the property. At a minimum, the appellants are no more
aggrieved or adversely affected, if at all, by zoning than any other
property owner in Town.
8. The appellants have provided no competent evidence to support any
claims of parking congestion and safety. To the contrary, the applicant
has proposed, and the Planning and Environmental Commission has
approved, a parking plan which fully complies with the provisions of the
Zoning Regulations of the Town of Vail. The applicant, at the request of
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the appellants and others, amended the parking plan to remove vehicle
parking from Sunburst Drive. This is a limitation not imposed upon any
other property owner in the vicinity.
9. The appellants' claims that emergency vehicle access will be
compromised due to parking on Sunburst Drive and lack of law
enforcement are clearly intended to sensationalize the issue and provide
distraction to the process. Such claims are inaccurate and purposefully
false as the appellants have been repeatedly informed that parking is not
permitted on Sunburst Drive.
10. The appellants have been actively engaged in the development
review process associated with the development application prior to its
inception. Much of the input and feedback provided by the appellants has
been incorporated into the final approval and conditions.
B) Adequacv of the Notice of the Appeal
An Appeals Form was filed on behalf of the appellants, by Holland & Hart,
LLP. The Appeals Form and the materials required for its submission
have been determined to be complete by the Community Development
Department. A copy of the Public Notice of the Vail Town Council, June
4, 2013, Public Hearing was sent to adjacent property owners, pursuant
to Section 12-3-3(C)(3), Procedures, Vail Town Code.
C) Timeliness of the Notice of Appeal
The Administrative Section of the Town's Zoning Code (12-3-3C-3,
Procedures) states the following:
"A written notice of appeal must be filed with the administrator
wifhin twenty (20) calendar days of the planning and
environmental commission's decision or the design review board's
decision or the art in public places board's decision becoming
final. If the last day for filing an appeal falls on a Saturday,
Sunday, or a fown observed holiday, the last day for filing an
appeal shall be extended to the next business day. Such notice
shall be accompanied by the name and addresses (person's
mailing and property's physical) of the appellant, applicant,
property owner, and adjacent property owners (the list of property
owners within a condominium project shall be satisfied by listing
the addresses for fhe managing agent or the board of directors of
the condominium association) as well as specific and articulate
reasons for fhe appeal on forms provided by the town. The filing of
such nofice of appeal will require the planning and environmental
commission or the design review board or the art in public places
board to forward to the town council at the next regularly
scheduled meeting a summary of all records concerning the
subject matter of the appeal and to send written notice to the
appellant, applicant, property owner, and adjacent property
owners (notification within a condominium project shall be
satisfied by notifying the managing agent or the board of directors
of the condominium association) at least fifteen (15) calendar days
prior to the hearing. A hearing shall be scheduled to be heard
before the town council on the appeal within forty (40) calendar
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days of the appeal being filed. The town council may grant a
continuance to allow the parties additional time to obtain
information. The continuance shall be allowed for a period not to
exceed an additional thirty (30) calendar days. Failure to file such
appeal shall constitute a waiver of any rights under this chapter to
appeal any interpretation or determination made by the planning
and environmental commission or the design review board or the
art in public places board."
An Appeals Form was filed with the Community Development Department
within the twenty (20) day requirement. A hearing was scheduled to be
heard before the town council on the appeal within forty (40) calendar
days of the appeal being filed.
IV. NATURE OF THE APPEAL
On May 10, 2013, an appeals form was submitted to the Community
Development Department, on behalf of the appellants, by Holland & Hart, LLP.
The appellants are appealing the final decisions of the Town of Vail Planning and
Environmental Commission of April 22, 2013, with respect to development review
application PEC120036. A complete copy of the appeals form, date stamped
May 10, 2013, has been attached for reference.
The appellants allege the following:
1) "the proposed location of the use will be detrimental to fhe public health,
safety, or welfare".
2) "fhe Town's plan most definitely will be materially injurious to the
properties in the vicinity of the event center"
3) "what the Town is proposing is neifher customary nor incidental"
"In sum, fhe PEC approved amendments to the CUP without making the
proper findings, and the proposed event center fails to satisfy either of the
two tests for a conditional use as an accessory building for use in the
Outdoor Recreation zone district."
V. REQUIRED ACTION
To Uphold/Overturn/Modify the PEC decision.
Section 12-3C-5, Findings:
"The Town Council shall on all appeals make specific findings of fact
based directly on the particular evidence presented to it. These findings of
fact must support conclusions that the standards and conditions imposed
by the requirements of fhis Tifle have orhave not been met."
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VI. STAFF RECOMMENDATION
The Community Development Department recommends the Vail Town Council
upholds the decision of the Planning and Environmental Commission of April 22,
2013, which approved, with conditions, a development application for
amendments to an existing conditional use permit for the Vail Golf Course,
located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3 and Unplatted Parcels,
and setting forth details in regard thereto. (PEC120036)
In accordance with the information presented in this memorandum, and the
exhibits attached hereto, staff recommends that Vail Town Council makes the
following finding of facts based upon the evidence and testimony presented:
• The Vail Golf Course is locafed at 1775 Sunburst Drive in Vail,
Colorado, and zoned Outdoor Recreation (OR) according to the
Official Zoning Map of the Town of Vail.
• A golf course is a permifted use in the Outdoor Recreation zone
district.
• A golf course club house is an accessory use to a golf course and
customary, incidental and necessary to the operation thereof.
• A golf course club house is therefore allowed in fhe Outdoor
Recreation zone district, subject to the issuance of a conditional use
permit.
• A golf course club house is defined in Secfion 12-2-2 of the Zoning
Regulations of the Town of Vail.
• The appellants' continued representation of the golf course club
house as an "event center" is fa/se, inaccurate and misleading. For
the purposes of the conditional use permif requesf, the applicant was
not proposing an "events center".
• An Operations Plan (amended) was approved by the Planning and
Environmental Commission as a condition of the conditional use
permit. The Operations Plan addresses such matters as hours of
operation, noise levels, parking on Sunburst Drive, temporary tent
locations, valet parking, banquet room occupancy, use of the 18`n
green, neighbor relations, lighting, golf cart access and flow, etc. The
existence of the Operations Plan further ensures that the proposed is
both compatible and consistent with the surrounding land uses and
the development objectives of fhe Town of Vail. The Operations Plan,
as approved, sufficiently mitigates all adverse affects alleged by the
appellants.
• Prior to the Planning and Environmental Commission's approval on
April 22, 2103 no operations plan existed for the "conditional use
permit area".
• Competent evidence was presented to the Planning and
Environmental Commission and fhoroughly evaluated with regard to
the vehicle trips generated by the exisfing and proposed uses. As a
result, the Commission correctly determined that Sunburst Drive is
designed to adequately accommodate any increases in vehicle trips
generated (+/-2%) by the proposed use without placing users on
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Sunburst Drive in increased danger or exceeding the capacity of the
sfreet.
• According to the minutes of the April 22, 2013, public hearing, the
Planning and Environmental Commission considered whether the
proposed use would be materially injurious to the properties in the
vicinify. The Commission correctly determined that the proposed use
would nof be materially injurious as alleged by the appellants.
• For zoning purposes, the golf course clubhouse is an accessory use
or building as it has been determined to the satisfaction of fhe
Planning and Environmental Commission and the Town Council that
the clubhouse building, and the subsequent use of the clubhouse, is
both customarily incidental and accessory to the operation of the golf
course and Nordic center and necessary for the operation thereof.
• The Planning and Environmental Commission adequately reviewed
the criteria and made the necessary findings when it passed a motion
(4-0-2) approving the request for an amendment to an existing
conditional use permit, with amended conditions, pursuant to the staff
memorandum dated, Apri122, 2013 with the findings listed on page 24
of the staff inemorandum. Specifically, the findings made by the
Commission stated,
"Based upon the review of the criteria outlined in Sections Vlll of
the Sfaff inemorandum to fhe Planning and Environmental
Commission dated April 22, 2013, and the evidence and testimony
presenfed, fhe Planning and Environmental Commission finds:
1. The amended conditional use permit is in accordance with the
purposes of the Zoning Regulations and the Outdoor Recreation
District;
2. The proposed conditional use permit and the conditions under
which it will be operated or maintained are not detrimental to the
public health, safety, or welfare or materially injurious to properties
or improvements in the vicinity; and,
3. The proposed condifional use permit complies with the
applicable provisions of Chapter 12-16, Conditional Use Permit,
Vail Town Code. `
VII. EXHIBITS
The exhibits outlined below have been attached to the memorandum for the
purposes of making a determination on the appeal. These exhibits help establish
the public record of the development review process and the proceedings to
date. The information provided within the exhibits may be used by staff and the
appellant, as needed, during the course of the appeals proceedings. A complete
paper copy of the exhibits will be available for inspection at the public hearing.
A. Appea�s Form, date stamped May 10, 2013.
B. Nature of Appeal Letter, date stamped May 10, 2013.
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C. Explanation of How Appellants Are Aggrieved or Adversely Affected Letter,
date stamped May 10, 2013.
D. Appellants' Objection To The Administrator's Determination of Standing
Letter, date stamped May 28, 2013.
E. PEC Memorandum and Minutes, dated April 22, 2013.
F. PEC Memorandum and Minutes, dated January 14, 2013.
G. PEC Memorandum and Minutes, dated November 12, 2012.
H. PEC Memorandum and Minutes, dated October 22, 2102.
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Department of Community Development
� (� � � �! � 75 South Frontage Road
TOWN OF VAIL ' � va�i, co s�s5� ,
Te1: 970-479-2128
MAY l 0 2013 www.vai�gov.com
Development Review Coordinator !
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TOW�1 OF V IL
Form 'Sch�u�E� '�'ot�
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General Information: � U�5S�d1� � ��.1� '�'{'� ,
This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental ,
Commission action/decision. A complete form and associated requirements must be submitted to the '!�
Community Development Department within twenty(20) calendar days of the disputed action/decision. I,
Action/Decision being appealed• The Planning and Environmental Commission's April 22, 2013 approval with ��,
conditions of the Town of Vail's application for an "Amendment to existing Vail Golf Course CUP to redevelop j
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clubhouse building." PEC120036, Project No. PRJ12-0156. �
Date of Action/Decision: April 22, 2013
Board or Staff person rendering action/decision: Planning and Environmental Commission
Does this appeal involve a specific parcel of land? (� ) yes ( ) no
If yes,are you an adjacent property owner? (✓ ) yes ( ) no
Name of Appellant(s): see attached list of Appellants.
Mailing Address: c/o Christopher H. Toll, 6380 S. Fiddler's Green Circle, Greenwood Village, CO, 80111
Phone: 303-290-1637
Physical Address in Vail: 1775 Sunburst Drive, Vail, CO
Legal Description of Appellant(s) Property in Vail: Lot Block Subdivision:See attached sheet.
Appellant(s)Signature(s): ✓ �?��u�u,� � vs�c'�nc=o �l�z..r't5.
(Attach a list of signatures if more space is requir d .
Submittal Requirements:
1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or ad-
versely affected person".
2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please cite specific code
sections having relevance to the action being appealed.
3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of property who are
the subject of the appeal and all adjacent property owners (including owners whose properties are separated from the
subject property by a right-of-way, stream, or other intervening barrier).
4. Provide stamped, addressed envelopes for each property owner listed in (3.).
PLEASE SUBMIT THIS FORM AND ALL SUBMITTAL REQUIREMENTS TO:
TOWN OF VAIL, DEPARTMENT OF COMMUNITY DEVELOPMENT,
75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657.
For Office Use Only:
Cash_ CC: Visa/ MC Last 4 CC# Exp. Date: Auth # Check#
Fee Paid� Received From:
Meeting Date: � 3 DRB No.:
Planner: u Projec' No:
Zoning: Land l�e:
Location of the Proposal: Lot: Block: Subdi� sion:
01-Oct-ll
H O L LA N D&HART�. � Christopher H.Tdl, P.�.
. ` . - � Phone 303-290-1637
Fax 303-975-5300
CTdl�hdlandhart.aom
May 8, 2013 ''
George Ruther '
Director of Community Development � � � 0 � � �,
75 South Frontage Road D ',,
v�i, co s�6s� MAY 10 2013 �
cc: TOWN OF VAIL '
Kendra L. Carberry, Esq.
Hayes, Phillips, Hoffmann& Carberry, P.C.
1530 16th Street, Suite 200 j
Denver, CO 80202
Matt Mire
75 South Frontage Road
Vail, CO 81657
Re: List of Appellants,with signatures, of PEC's Apri122, 2013 Approval of the Town of
Vail's Application for an Amendment to the E�sting Conditional Use Permit to
Redevelop the Vail Golf Course Clubhouse Building. PEC120036, Project No.
PRJ12-0156.
The following individuals are appealing the Planning and Environmental Commission's approval
on Apri122, 2013 of the Town of Vail's application for an amendment to the conditional use
permit relating to the Vail Golf Course clubhouse:
1. R. Glenn Hilliard
Legal Description of Property: Lot 2, Unit A, Vail Valley 3rd Filing
Physical Address: 1801-A Sunburst Drive, Vail, Colorado
Mailing Address: 1355 Peachtree Stree�t#640;Atlanta, Georgia 30309
Telephone Numbe . 0 . 835
Signature:
2. Deborah Webster
Legal Description of Property: Lot 4, Vail Valley 3rd Filing
Physical Address: 1825 Sunburst Drive, Vail, Colorado
Mailing Address: 4321 East Lake Creek Road;Edwards, CO 81632
Telephone Number: 970.476.4500
Signature:
FIo1Wnd 8�Hartur Attorneys at Law
Vhone(303�90-1600 Fas(303)290-1606 www.holl�ndhartaan
6360 S.Flddlers Grarn 6rcle SuiOe 500 Cieenwootl VIIIagG CO 8p111
AsOea�YYgs Bo�e Bautic Carson CRy Q�eymne Cabado SRNqs Da�Oanv Te[�C�r]adeon HOk lES VN�Re�o Sih la4 Oly Sanm Fe WasNrglrn,D.C.
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HOLLAN D&HART�. � �ristopher H. Toll, P.�. '
Ph on e 303-290-1637
.'�r�: Fax 303-975-5300
CToI I Qho11 anahart.com
M ay 8, 2013 ',
George Rutha �i
Di rector o# Corrnrn.mi ty Devel opment I
75 South Fra�tage Road [� � � � � �
V a i, CO 81657
D
�_ MAY 1 0 2013
Kendra L. Carberry, F�q.
Hayes, Phillips, Hoffmanrt& Carberry, P.C. TOWN OF VAIL
153016th Street, SLite 200
Denver, CO 80202
M att M i re
75 South Frorrtage Road
V ai I, CO 81657
Re: List � Appellants, with sgnatures, of PEC'sApril 22, 2013 Approval � theTown
of Vail'sApplication for an Amendment totheExisting Conditional UsePamit to
RedeveloptheVail Golf CourseClubhouseBuilding. PEC121�0�3G, Project No.
PRJ 12-0156.
The fol iowi ng i ndividual s are app�al i ng the Rami ng axi Fsvi ronmental Cornmi ss�'s apprwal
on A pri I 22, 2013 of the Town of V ai I's appl i c�ti�for an amer�dment to the oorx�tional use
permi t rel ati ng to the V ai I Gol f Course d ubhouse:
1. R. GI enn H i I I i ard
Legai Descri pti on� Propa�ty: Lot 2, Uni t A, V a I V al I ey 3rd F I i ng
Phys cal A ddress: 1801-A SLnburst D ri v� V a I, Col orado
M ai I i ng Address: 1355 P�chtree Street#640; Atl anta Gea'gi a 30309
Telephone Numt�r': 404.350.8835
Signature:
2. Deba'ah Webster
Legal Desa'i pti on of Property: Lot 4, V a I V al I ey 3rd F I i ng
Physcal Address: 1825 SLnburst Driv� Val, Cdorado
M a I i ng Address: 4321 Ea�t Lake Creek Road; Edwards� CO 81632
Telephone Number' 970.476.4500
Signature: _`�����' �,�_T_ '-
Holland 8 Hart ur Attorneys at Law
� .�(300)29a1600 ��':�.(303)2941606 �w�M.hollandhart.com
5iB0 S Fiodas Oeai drde 3�e 500 Qeatirood Mlege.Q�8011 t
I�s��9s @���1du Osmn O�O��e QAordo�in�Os�Dans Ted�Qtva.lai�Ftlo ls Vgs fl�o 9�l�O�9nlB Fe VMa�iqlon,O.G
HOLLAND&HART� � Christopher H.Tou, P.�.
Phone 303-290-1637
� , � G�„ , _ Fax 303-975-5300 ����
CToll@hollandhart.com '
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May 9, 2013
George Ruther
Director of Community Development
75 South Frontage Road � C� � Q � �
Vail, CO 81657 D
cc:
MAY 10 2013
Kendra L. Carberry, Esq.
Hayes, Phillips, Hoffmann& Carberry, P.c. TOWN OF VAIL
1530 16th Street, Suite 200
Denver, CO 80202
Matt Mire
75 South Frontage Road
Vail, CO 81657
Re: List of Appellants,with signatures, of PEC's Apri122,2013 Approval of the Town of
Vail's Application for an Amendment to the Existing Conditional Use Permit to
Redevelop the Vail Golf Course Clubhouse Building. PEC120036, Project No.
PRJ12-0156.
The following individuals are appealing the Planning and Environmental Commission's approval
on Apri122, 2013 of the Town of Vail's application for an amendment to the conditional use
permit relating to the Vail Golf Course clubhouse:
1. R. Glenn Hilliard
Legal Description of Property: Lot 2, Unit A, Vail Valley 3rd Filing
Physical Address: 1801-A Sunburst Drive, Vail, Colorado
Mailing Address: 1355 Peachtree Street#640; Atlanta, Georgia 30309
Telephone Number: 404.350.8835
Signature:
2. Deborah Webster
Legal Description of Property: Lot 4, Vail Valley 3rd Filing
Physical Address: 1825 Sunburst Drive, Vail, Colorado
Mailing Address: 4321 East Lake Creek Road; Edwards, CO 81632
Telephone Number: 970.476.4500
Signature:
I'IMM�NI�MMt W AllofMr��t L1MI
Phone(303)29o-1600 Fax(303)290-1606
6380 S.Fiddkrs Cxcen Ckt6e SulOe 500 Cxcenwood YMeqe,CO 80111
Aspen Blinqs Boise Badtiv 6rson QY Orcyenne Colowdo Sprirqs Derrver Derrver Ted�Cmts ldson Mde las Vepa f4no Sak Ulae CRy S�mKa Po Washinptcn,D.C.
HOLLAND&HART,� � List of A ellants
PP
May 9, 2013
Page 2
3. Olson Family 2012 Trust. �
Legal Description of Property: a tract lying south of Lot 3, Sunburst Filing 3, west of Lot I
2, Vail Valley 3rd Filing, and northeasterly of Sunburst Drive i
Physical Address: 1785 Sunburst Drive, Vail, Colorado �
Mailing Address: 4 Berthe Circle; Colorado Springs, CO 80906-3161 I
Telep ml�er��4 .6129 ',
By: _ ,Q ��
Christopher H. Toll
4. Starfire Company, Ltd.
Legal Description of Property: Lot 3, Vail Valley 3rd Filing
Physical Address: 1815 Sunburst Drive, Vail, Colorado
Mailing Address: CM Management; Post Office Box 1670; Vail, CO 81658-1670
Telep um �•���22.388.000
By:
Christop er H. Toll
5. 1835 Sunburst Drive, LLC
Legal Description of Property: Lot 5, Vail Valley 3rd Filing
Physical Address: 1835 Sunburst Drive, Vail, Colorado
Mailing Address: 5675 DTC Boulevard; Greenwood Village, CO 80111-3216
Telep Numb ,�o 41.0100
By: �4,���.��
Christopher H. Toll
6. Richard J. Callahan and Mary Celeste Callahan
Legal Description of Property: Lot 7, Vail Valley 3rd Filing
Physical Address: 1875 Sunburst Drive, Vail, Colorado
Mailing Address: 190 High Street; Denver, CO 80218
Tele Nu e : 715.1144
p ���j�•
gy: fi
Chri os pher H. Toll
7. Samuel Maslak and Luleta Maslak
Legal Description of Property: Lot 12, Vail Valley 3rd Filing
Physical Address: 1979 Sunburst Drive, Vail, Colorado
Mailing Address: Post Office Box 1730; Vail, CO 81658-1730 �----�—�-"
Telep : 9 . � 9.6402 � � � � � �
By: � D
Christop er H. Toll MAY 10 2013
TOWN OF VAIL
HOLLAND&HART �
List of Appcllants
: May 9, 2013
Page 3
�
8. Landon Hilliazd, III
Legal Description of Property: Lot 1-A, Vail Valley 4th Filing
Physical Address: 2049-A Sunburst Drive, Vail, CO
Mailing Address: c/o Brown Brothers Haniman& Co.; 140 Broadway;NY,NY 10005
Telep r�/�jJ
By: �
Christop er H. Toll
Respectfully,
N�
Christopher H. Toll
Steven T. Collis
6170111_1
� V� � � V �
D
MAY 10 2013
TOWN OF VAIL
�
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H O L LA N D&HART�o � Christopher H.Tou, P.c. '
` Phone 303-290-1637
- ,, : . , , : , Fax 303-975-5300
CToll@hollandhart.com �I
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May 9, 2013 �
� � � � I
George Ruther D
Director of Community Development MAY 10 2013
75 South Frontage Road
Vail, CO 81657
TOWN OF VAIL
cc:
Kendra L. Carberry, Esq.
Hayes, Phillips, Hoffmann & Carberry, P.C.
1530 16th Street, Suite 200
Denver, CO 80202
Matt Mire
75 South Frontage Road
Vail, CO 81657
APPLICANT AND PROPERTY OWNER INFORMATION.
Name and Address of Applicant and Property Owner:
Town of Vail
c/o Greg Hall
75 South Frontage Road West
Vail, Colorado 81657
Physical Address of Property:
1775 Sunburst Drive
Vail, Colorado
Assessor Parcel Nos. 2101-092-00-006 and
2101-091-01-012
Respectfully,
Christopher H. Toll
Steven T. Collis
6170111 1
Holland&Hart uv Attorneys at Law
Phone(303)290-1600 Fax(303)290-1606 www.hollandhart.tom
6380 5.Fiddlers Green Grcte Suite 500 Greenwood Vitlage,CO 80111
Aspen Billirgs Boise Boulder Carson Gty Cheyenne Cobratlo Sprinqs Denver Denver Tecn Center Jackson Hok Las Veqas Reno Sal[Lake Cicy SanW Fe wasnington,D.C.
.
HOLLAND&HART�. � Christopher H.Tou, P.�.
Phone 303-290-1637
, , . - - u Fax 303-975-5300
CToll @hol landhart.com
��
May 9, 2013 � � � � � � �II
George Ruther D �I
Director of Community Development MAY 10 2013 !
75 South Frontage Road i
vail, CO 81657 TOWN OF VAIL
�
cc:
Kendra L. Carberry, Esq.
Hayes, Phillips, Hoffmann & Carberry, P.C.
1530 16th Street, Suite 200
Denver, CO 80202
Matt Mire
75 South Frontage Road
Vail, CO 81657
LIST OF ADJACENT PROPERTY OWNERS.
The following individuals are property owners who are adjacent to the property described in the
Town's application for an amendment to the existing conditional use permit to redevelop the
Vail Golf Course clubhouse building:
1. Owner Name: Geo. A. Hormel & Co.
In Care of Name: Hormel Foods Corp - Tax Dept.
Owner Address: 1 Hormel Place
Austin MN 55912-3680
Property Address: 1527 Vail Valley Drive - #A
Vail, Colorado
2. Owner Name: Hormel Foods Corp.
Owner Address: 1 Hormel Place
Austin MN 55192-3680
Property Address: 1527 Vail Valley Drive - #B
Vail, Colorado
3. Owner Name: Vail Golfcourse Townhomes Phase II
In Care of Name: Malia Nobrega
c/o Crossroads Realty, Ltd.
Holland&Hart uv Attorneys at Law
vhone(303)290-1600 FaY(303)290-1606 www.hollandhartcom
6380 S.Fiddlers Green Grcle Suite 500 Greenwood Village,CO 80111
Aspen Billinqs Boise Boulder Carson CM1y Cheyenne CobraOO Sprinqs Denver Denver Tech Center Jxkwn Nok Las Veqas Reno Salt Lake City SanU Fe Washington,D.C.
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Owner Address: Post Office Box 1292
Vail, CO 81658
Property Address: 1610-1620-1630 Sunburst Drive
Vail, Colorado
4. Owner Name: Fall Ridge Condominium Association
In Care of Name: Attn: Tina
Owner Address: 1650 Fallridge Road, also known as 1650 Vail Valley Dr.
Vail, CO 81658
Property Address: 1650 Fallridge Road, also known as 1650 Vail Valley Dr.
Vail, Colorado
5. Owner Name: Vail Golfcourse Townhomes Phase I
In Care of Name: Chad Roberts
Owner Address: Post Office Box 954
Vail, CO 81658
Property Address: 1660-1670-1710-1720 Sunburst Drive
Vail, Colorado
6. Owner Name: Vail Golfcourse Townhomes Phase IV
In Care of Name: Malia Nobrega
c/o Crossroads Realty Ltd.
Owner Address: Post Office Box 1292
Vail, CO 81658
Property Address: Golf Lane
Vail, Colorado
7. Owner Name: Olson Family 2012 Trust
In Care of Name: Curtis Olson
Owner Address: 4 Berthe Circle
Colorado Springs, C080906
Property Address: 1785 Sunburst Drive
Vail, Colorado
8. Owner Name: Lee S. Chapman Revocable Trust, Lee S. & Sandra C.
Chapman, Trustees
Owner Address: 7032 Wexford Road
Edina, MN 55439
Property Address: 1801-B Sunburst Drive
Vail, Colorado � � � � � �
9. Owner Name: R. Glenn Hilliazd D
MAY 10 2013
TOWN OF VAIL
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Owner Address: 1355 Peachtree Street- #640
Atlanta, GA 30309
Property Address: 1801-A Sunburst Drive
Vail, Colorado
10. Owner Name: St�re Co. Ltd.
In Care of Name: CM Management
Owner Address: Post Office Box 1670
Vail, CO 81658
Property Address: 1815 Sunburst Drive
Vail, Colorado
11. Owner Name: Deborah L. Webster
Owner Address: 4321 East Lake Creek Road
Edwards, CO 81632
Property Address: 1825 Sunburst Drive
Vail, Colorado
12. Owner Name: 1835 Sunburst Drive LLC
Owner Address: 5675 DTC Boulevard - Suite 200
Greenwood Village, CO 80111-3216
Property Address: 1835 Sunburst Drive
Vail, Colorado
13. Owner Name: William J. Nutt
Owner Address: 24 Dockside Lane - #382
Key Largo, FL33037
Property Address: 1855 Sunburst Drive
Vail, Colorado
14. Owner Name: One-Eleven Sunburst LLC
Owner Address: 380 Main Street
Salem NH 03079
Property Address: 1855 Sunburst Drive
Vail, Colorado
15. Owner Name: Richard J. Callahan and Mary Celeste Callahan
Owner Address: 190 High Street
Denver, CO 80218
Property Address: 1875 Sunburst Drive
Vail, Colorado [� � [� Q � �
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TOWN OF VAiL
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16. Owner Name: Jean L. Breitenbach [�5-' � [� Q � �
Owner Address: Post Office Box 1409 D
vai1, CO 81658-1409 MAY 10 2013
Property Address: 1895 Sunburst Drive
Vail, Colorado
TOWN OF VAIL
17. Owner Name: Robert C. Cooper
Janin C. Barboza Flores
Barboza- Linda K. Sharkey Barboza
Owner Address: 61 Rostrevor Road
London SW6 SAR
United Kingdom
Property Address: 1895 Sunburst Drive
Vail, Colorado
18. Owner Name: Harry Burn
Owner Address: 11556 Turtle Beach Road
North Palm Beach, FL 33408-3345
Property Address: 1905 Sunburst Drive
Vail, CO 81657
19. Owner Name: International RM Corp.
Owner Address: Ferrari House
Post Office Box 971
Avon, CO 81620
Property Address: 1925 Sunburst Drive
Vail, Colorado
20. Owner Name: Hans G. Storr and Carol F. Storr
Owner Address: 33 Brookridge Drive
Greenwich, CT 06830
Property Address: 1965 Sunburst Drive
Vail, Colorado
21. Owner Name: Samuel H. Maslak and Luleta Maslak
Owner Address: Post Office Box 1730
Vail, CO 81658
Property Address: 1979 Sunburst Drive
Vail, Colorado
22. Owner Name: James M. Slevin Trust - Daphne S. Slevin Trust
Owner Address: 1985 Sunburst Drive
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Vail, CO 81657
Property Address: 1985 Sunburst Drive
Vail, Colorado
23. Owner Name: Richard L. Knowlton and Nancy V. Knowlton
Owner Address: 1999 Sunburst Drive
Vail, CO 81657
Property Address: 1999 Sunburst Drive
Vail, Colorado
24. Owner Name: Snowstorm LLC
In Care of Name: Virtus Ltd.
Owner Address: Post Office Box 634
Bordeaux Ct.
Les Echelons St. Peter
Port Guernsey GY13DR
Channel Islands
Property Address: 2009 Sunburst Drive
Vail, Colorado
25. Owner Name: Winterstorm LLC
In Care of Name: Virtus Ltd.
Owner Address: Post Office Box 634
Bordeaux Ct.
Les Echelons St. Peter
Port Guernsey GY13DR
Channel Islands
Property Address: 1039 Sunburst Drive
Vail, Colorado
26. Owner Name: Paul C. Dougherty
Owner Address: 5115 Rockwood Parkway NW
Washington DC 20016-1915
Property Address: 2039 Sunburst Drive
Vail, Colorado
27. Owner Name: Deerwood Cottage Partners LLC
In Care of Name: L. Hilliard - Brown Bros. Harriman & Co.
Owner Address: 140 Broadway
New York, NY 10005
Property Address: 2049-B Sunburst Drive � � � Q � �
Vail, Colorado D
MAY 10 2013
TOWN OF VAIL
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28. Owner Name: Landon Hilliard III and Mary Meyers
In Care of Name: Brown Brothers Harriman & Co.
Owner Address: 140 Broadway
New York, NY 10005
Property Address: 2049-A Sunburst Drive
Vail, Colorado
29. Owner Name: Town of Vail
In Care of Name: Finance Department
Owner Address: 75 South Frontage Road West
Vail, CO 81657
Property Address: 1775 Sunburst Drive and 2450 South Frontage Road East
Vail, Colorado
30. Owner Name: Susan K. Beals
In Care of Name: Susan K. Baer
Owner Address: 2800 Aspen Court - Unit A
Vail, CO 81657
Property Address: 2800 Aspen Court - Unit A
Vail, Colorado
31. Owner Name: Anneliese M. Freeman
Owner Address: 2800 Aspen Lane - Unit B
Vail, CO 81657
Property Address: 2800 Aspen Land - Unit B
Vail, Colorado
32. Owner Name: Grassis Qualified Personal Residence Trust
Owner Address: 7211 NW 83rd Street- Suite 100
Kansas City, MO 64152-6036
Property Address: 2807 Aspen Court � � � � � �
Vail, Colorado D
33. Owner Name: Pamela N. Jadlos MAY 10 2013
Owner Address: 5350 South Race Court
Greenwood Village, CO 80121 TOWN OF VAIL
Property Address: 2810 Aspen Court
Vail, Colorado
34. Owner Name: Colorado Department of Transportation
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In Care of Name: �i
Owner Address: Headquarters Office
4201 E Arkansas Ave �
Denver, CO 80222 �
Property Address: I-70 adjacent to the golf course.
Respectfully,
' Christopher H. Toll
Steven T. Collis
6188048_I
L5 V� L5 � V �
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MAY 1 0 2013
TOWN OF VAIL
�
H O L LA N D&HART�. � Christopher H.Tou, P.�.
Phone 303-290-1637
� , ; _ Fax 303-975-5300
CToll@holiandhart.com '
i
May 9, 2013 �s � Q �/ �
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George Ruther MqY � � �013
Director of Community Development
75 South Frontage Road T�WN
vail, CO 81657 OF VAIL
CC:
Kendra L. Carberry, Esq.
Hayes, Phillips, Hoffmann& Carberry, P.C.
1530 16th Street, Suite 200
Denver, CO 80202
Matt Mire
75 South Frontage Road
Vail, CO 81657
NATURE OF APPEAL
For the following reasons, 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,
appeal the Planning and Environmental Commission's Apri122, 2013 approval of the Town of
Vail's application for an amendment to the existing conditional use permit relating to the Vail
Golf Course clubhouse:
1. Section 12-16-6.B of the Town Code Does Not Allow the Town's Plan
Under § 12-16-10 of the Vail Municipal Code, all amendments to conditional use permits
other than the most innocuous must satisfy the tests imposed on a new application. Those tests
are found in § 12-16-6.B, which provides that "before granting a conditional use permit,"the
"planning and environmental commission shall" find "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." The PEC failed to make these findings, and, for two reasons, it simply could not have
even if it had tried.
First, the proposed location of the use will be detrimental to the public health, safety, or
welfare. Members of the Vail community and visitors to the valley routinely use Sunburst Drive
Holland&Hart u.v Attorneys at Law
Phone(303)290-1600 Fax(303)290-1606 www.hdlandhart.com
6380 S.Fiddlers Green Circle Suite 500 Greenwood Village,CO 80111
Aspen Billinqs Bdsc Boukler Carson Cily Cheyenne Cobrado Sprirps Denver Denver Tech Cen[er)ackson Mole las Veqas Reno Salt lake Ci[y SanU Fe Washington,D.C.
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HOLLAND&HART � Nature of A eal � � � � � �
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Page 2 MAY 10 2013
TOWN OF VAIL
for activities such as family walks, family bike rides, cycling, and other outings. e go
course clubhouse becomes an events center with valet parking, shuttles, and numerous attendees
(attendees will range upward from 160) trying to find their own parking along Sunburst Drive,
many of those using Sunburst Drive will be put in danger. The road does not have the capacity
to handle the increase in traffic the Town proposes. This is especially true when, during the
summer months, the events center will likely be in use a minimum of three nights every week.
Second, the Town's plan most definitely will be materially injurious to the properties in
the vicinity of the events center. Mike Nash, an appraiser with over 20 years of experience in
Colorado and Eagle County, has stated that the Town's plan, if approved, would "negatively
impact values of existing homes on Sunburst Drive, thereby causing material injury to those '�i
homes." Mike Nash Opinion, attached as Exhibit A, at¶ 10. That economic injury alone should '
have led the PEC to deny the Town's application, but there is also the injury the neighbors will
suffer in the use and enjoyment of their property. On most summer nights, instead of the
tranquility they enjoy now, those immediately adjacent to the clubhouse will face loud music, the
din of mingling and partying guests, and the annoyance of attendees wandering onto their
properties (something that already occurs with the smaller and fewer events the clubhouse
currently hosts). Those throughout the neighborhood—including residents of the townhomes—
will find their current use and enjoyment destroyed by the guttural sounds of shuttles passing in
the afternoon and late at night, clogged roads, partiers in the parking lot or along the golf course,
slower response times by first responders, and the noise that will inevitably arise as attendees
(many of whom will have been drinking) shuffle back to their cars or shuttles as late as 2 A.tvt.
The Sunburst Neighborhood was not built for this kind of operation. Those who
developed it meant it to be a quiet, residential community lining a golf course, with narrow roads
and almost no shoulders. See Jay Pulis Affidavit, attached as Exhibit B. Because they designed
it that way, there is no way the Town can create a commercial enterprise in the heart of it without
risking safety and public health and without materially injuring properties in the vicinity.
2. Section 12-8B-3 of the Town Code Does r�ot Allow the Town's Plan
Section 12-8B-3 of the Municipal Code perrnits as "accessory uses" in the Outdoor
Recreation zone district, "[a]ccessory buildings (peamanent and temporary) and uses customarily
incidental and accessory to permitted or conditionat 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.
What the Town is proposing is neither customary nor incidental. Most golf course
clubhouses, like the current clubhouse, have golfers' grills—one dining area for those using the
course to eat and relax before or after their round. Almost no clubhouses have a golfers' grill, as
well as a separate banquet hall complete with a br�idal room, banquet patio, and banquet garden
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; area. That design is unique to the Town's proposal and thus violates § 12-8B-3. There currently
is no banquet room at the clubhouse. Rather, there is an eating space that serves as a golfers'
grill and, on rare occasions (just 15 times per year), acts as a dining space for other events.
Similarly, it is important to note what type of golf course clubhouse this is. It was originally
designed to be part of a quiet, residential neighborhood. While it is true some golf course
clubhouses may also have spaces for weddings and other similar events, many of those
clubhouses were designed from the beginning to be consistent with their surroundings. They ,
were not designed to be part of a quiet residential community. It is simply not customary to '
include a wedding and events venue in a clubhouse intentionally placed in a tranquil residential
setting. ',
Second, the proposed banquet facilities, including all the outdoor space, are not incidental ,
to the current use of a golf course. The Town's own economic analysis, which it put forth to the �,
PEC, anticipates that the events center will host events every Friday, Saturday, and Sunday from I
June through August. Because commercial business, wedding, and other parties will often book '�
the events center at least a year in advance, the Town's plans will necessarily crowd the golfers
out of their own clubhouse. No doubt groups will schedule non-golfing events at the clubhouse a
year or even two years in advance. When the golfers decide to schedule a tournament or other
event, they will find they cannot because it will already be booked. As a result, the "accessory"
use of the events center will become the primary use, and the golfers will need to find another
venue for their golfing events. This is especially troublesome when the amount of revenue
generated by the golf course dwarfs that predicted to stem from the wedding venue.
Likewise, 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.
While a golfers' grill is arguably necessary for the operation of a golf clubhouse, two dining
areas are not. If the Town were to keep the golfers' grill and remove the banquet space from its
plans, the golfing and Nordic uses of the clubhouse would continue unimpeded. The banquet
space is therefore unnecessary for the operation of the golfing and Nordic activities.
Accordingly, the PEC's approval of the Town's application for a CUP was in error.
In sum, the PEC approved the amendments to the CUP without making the proper
findings, and the proposed event center fails to satisfy either of the two tests for a conditional use
as an accessory building for use in the Outdoor Recreation zone district. The PEC's approval of
the Town's application was contrary to the Town Code.
Respectfully,
---�.._.,.
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MAY 1 0 2013
TOWI� OF 1/AIL
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ature of Appeal
T M ���_ L 4 �;� �> �_, � �,�,� := �� ,�� May 9, 2013 �
Page 4
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Christopher H. Toll �
Steven T. Collis
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6175027_1
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MAY 10 2013
TOWN OF VAIL
� _
Christopher H.Toll, P.C.
H O L LA N D&HART�� � Phone 303-290-1637
, r� � ,� ��, .. � �,n . � �
Fax 303-975-5300
CToll @hollandha rt.com
May9, 2013 � � ��� �
George Ruther D
Director of Community Development MAY 10 2013
75 South Frontage Road
vail, CO 81657 TOWN OF VAIL
CC: '��
Kendra L. Carberry, Esq. '
Hayes, Phillips, Hoffmann & Carberry, P.C. �
1530 16th Street, Suite 200 �
Denver, CO 80202
Matt Mire
75 South Frontage Road
Vail, CO 81657
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 Planning and Environmental Commission's
Apri122, 2013 decision to approve the Town of Vail's request for an amendment to the
conditional use permit relating to the Vail Golf Course clubhouse:
The Town's Plan Will Be a Nuisance to the Nei�hborhood
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
Holland&Hart uv Attorneys at Law
Phone(303)290-1600 Faz(303)290-1606 www.hollandhartrnm
6380 S.Fiddlers Green Circle Suite 500 Greenwood Village,CO 80111
Aspen Billinqs BqSe Bpultler Carson Gty Cheyenne CobraAO Sprinq5 Denver Denver Tech Cen[er Jatlsm Hole Las Veqas Reno Salt Lake Ciry Santn Fe Washington,D.C.
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Page 2
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 azea:
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 ma�cimize 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
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
_...�.
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H O L LA N D&HART�. � Ex lanation of Grievances
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Page 3
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.
3. Erratic Behavior and Lack of Law Enforcement. During past social gatherings at the li
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 itsel£ 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
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 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.
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TOWN OF VAIL
H O L LAN D&HART o � Ex lanation of Grievances
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May 9, 2013
Page 4
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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.
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 Parkin�, 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 100� 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.
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
� In its initial estimates,the Town indicated that the events center w�uld likely host close to 100 events per year.
After resistance from the community, it revised that number to 65,b�it the initial estimates were likely more realistic.
The Town is hoping to build a premier wedding venue,and that space will attract users.
�..,...
� � � Q V �
D
MAY i o 2013
HO L LAN D&HART:� � Ex lanation of Grievances
P I
x,�; " May 9, 2013
Page 5
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
6170664_1
� `V� � O V �
D
MAY � 0 2013
TOWN O� VAiL
�
Christopher H.Toll, P.C.
HO L LAN D&HARTV � Phone 303-290-1637
Fax 303-975-5300
CToll@hollandha rt.com
May 24, 2013 � �� �
George Ruther D
Director of Community Development �Y 2$ 2Q�3
75 South Frontage Road
vail, Co 81657 TOWN OF WAIL
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
APPELLANTS' OBJECTIONS TO THE ADMII�IISTRATOR'S
DETERMINATION OF STANDING
Pursuant to § 12-3-3 of the Vail Town Code, Appellants object to the Direct of Community
Development's determination that 1$35 Sunburst Drive, LLC; Landon Hilliard III; Richard and
Mary Callahan; and Samuel and Luleta Maslak lack standing. Appellants also object to the
Director of Community Development's determination that R. Glenn Hilliard; Deborah Webster;
Olson Family 2012 Trust; and Starfire Company, Ltd. lack standing as aggrieved or adversely
affected persons.
For the reasons set forth in Appellants' submissions of May 9, 2013, Appellants argue that all of
them have standing as adjacent property owners and adversely affected or aggrieved parties and
request a hearing, prior to the Town Council's hearing evidence on the appeal,to set forth their
arguments to the Town Council.
Respectfully,
���
Christopher H. Toll
Steven T. Collis
6214660_1
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Address Parcel N Legal Owner Care Of Mailing Info
17SSSUNBURSTDR 2101-091-00-001 Unplatted OLSONFAMILY2012TRUST 4BERTHECIR,COLORADOSPRINGS,C080906-3161
1801SUNBURSTDR,NA 2101-091-03-027 VAILVALLEY3RD FILING,Lot:2,UNITA HILLIARD,R.GLENN 1355 PEACHTREEST640,ATLANTA,GA 30309
1815 SUNBURST DR 2101-091-03-011 VAIL VALLEY 3RD FILING,Lot:3 STARFIRE CO LTD CM MGMT PO BOX 1670,VAIL,CO 81658
1825 SUNBURST DR 2101-091-03-010 VAIL VALLEY 3RD FILING,Lot:4 WEBSTER,DEBORAH L 4321 E LAKE CREEK RD,EDWARDS,CO 81632-8208
1835 SUNBURST DR 2101-091-03-009 VAIL VALLEY 3RD FILING,Lot:5 1835 SUNBURST DRIVE LLC 5675 DTC BLVD STE 200,GREENWOOD VILLAGE,CO 80111-3216
1875SUNBURSTDR 2101-091-03-007 VAILVALLEY3RDFILING,Lot:7 CALLAHAN,RICHARDJ.&MARYCELESTE 190HIGHST,DENVER,C080218
1979 SUNBURST DR 2101-091-03-002 VAIL VALLEY 3RD FILING,Lot:12 MASLAK,SAMUEL H.&LULETA PO BOX 1730,VAIL,CO 81658
2049 SUNBURST DR,tiA 2101-102-01-010 VAIL VALLEY4TH FILING,Lot 1-A HILLIARD,LANDON,III&MARY MYERS BROWN BROTHERS HARRIMAN&CO 140 BROADWAY,NEW YORK,NY 10005
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