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HomeMy WebLinkAboutPEC packet and public comment_102212 TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 22, 2012 SUBJECT: A request for the review of amendments to a conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the redevelopment of the Vail Golf Course Club House (i.e. accessory 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), located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3 and Unplatted Parcels (a complete metes and bounds description is available at the Community Development Department Office), and setting forth details in regard thereto. (PEC120036) Applicant: Town of Vail, represented by Greg Hall Planner: Bill Gibson A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of the Vail Golf Course parking lot from the General Use District to the Outdoor Recreation District, located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3, and setting forth details in regard thereto. (PEC120037) Applicant: Town of Vail, represented by Greg Hall Planner: Bill Gibson A request for a recommendation to the Vail Town Council on prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for amendments to Section 12-8B-7, Height, Vail Town Code, to increase the allowable building height within the Outdoor Recreation District, and setting forth details in regard thereto. (PEC120039) Applicant: Town of Vail, represented by Greg Hall Planner: Bill Gibson Applicant: Town of Vail Planner: Bill Gibson Town of Vail Page 2 I. SUMMARY The purpose of this hearing if for a work session to allow the applicant, the Town of Vail, to introduce a proposal to renovate the Vail Golf Course clubhouse. The applicant has submitted three separate, but related, development applications for the Planning and Environmental Commission’s review: • Zone district boundary amendment to rezone the golf course parking lot from the General Use (GU) District to the Outdoor Recreation (OR) District. • Prescribed regulation amendments to allow building heights of up to 33 feet for sloping roofs in the Outdoor Recreation (OR) District. • Conditional use permit amendments to allow for the redevelopment of the Vail Golf Course Club House. For the purposes of this hearing, the Community Development Department recommends that the Planning and Environmental Commission reviews these three related items concurrently. Final action on the proposed rezoning, prescribed regulation amendment, and conditional use permit amendment applications will be requested at a future public hearing. The Community Development Department recommends that the Planning and Environmental Commission listens to the applicant’s presentation, asks questions, and continues the hearing of these items to its November 12, 2012, meeting for further review. II. DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is proposing to renovate the Vail Golf Course clubhouse. This proposal involves three development applications subject to Planning and Environmental Commission review: • Zone district boundary amendment to rezone the golf course parking lot from the General Use (GU) District to the Outdoor Recreation (OR) District. • Prescribed regulation amendments to allow building heights of up to 33 feet for slopi ng roofs in the Outdoor Recreation (OR) District. • Conditional use permit amendments to allow for the redevelopment of the Vail Golf Course clubhouse. Based upon the applicant’s request (Attachment B), the proposed renovation of the golf course club house includes the following: “• Dedicated banquet room with a capacity for 200 people • Pre-convene space sufficient to support the banquet room • The common areas, restrooms, elevator and stairs will be shared throughout the building, however there will be separate entrances for the banquet room and the recreation uses • A grill/bar is sized for +/-40 people plus outdoor/deck space Town of Vail Page 3 • A kitchen is sized to serve the grill and a separate “warming kitchen” space for the banquet space. • Arrival to Golf/ pro shop and Nordic space should be placed at the parking lot level • Project design that provides for both a winter operation plan and a summer operation plan and any use of the cart barn in the winter should present a finished quality expected for Vail guests • The separation of uses and enhancement of circulation throughout site and within the building • Locate golf course finish area on the east side of the building in order to encourage golfers to exit through the grill/pro shop and to clarify circulation on the front side of the building • Maintain approximate existing square footages while increasing the efficiency and functionality of the building • Two-story tall (4 level) building • Reuse of as much of the existing building structure is critical to maintain the original project budget.” To clarify, the three subject development applications have no bearing on whether the 18th hole will be realigned/reconfigured or if the Hole #18 green or tee boxes will be relocated. The decision to move Hole #18 was made by the property owner, the Vail Town Council, based upon safety concerns and other factors not relevant to the three development applications before the Planning and Environmental Commission. A vicinity map (Attachment A), the applicant’s request (Attachment B), and written public comment (Attachment C) have been attached for review and inclusion in the record. III. BACKGROUND On November 8, 2011, the Town of Vail electorate approved ballot question #1 which stated: “Without increasing taxes, shall the Town of Vail use the remainder of the one and one-half percent lodging tax revenues and one-half percent sales tax revenues collected from January 1, 2003 through December 31, 2005 to fund the following projects that will promote recreation, promote tourism and support the economy in the Town of Vail: Expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including multi-use community space; Field expansion and restroom renovation at the Ford Park Sports Complex; and Ford Amphitheater improvements, including outdoor seating and restroom improvements?” Town of Vail Page 4 On April 16, 2012, the Town of Vail (golf course property owner), in cooperation with the Vail Recreation District (golf course operator), submitted a final plat application and a rezoning application intended to facilitate future renovations to the Vail Golf Course clubhouse building in response to the 2011 election. On May 14, 2012, the Planning and Environmental Commission approved a final plat creating the Vail Golf Course Clubhouse Parcel and forwarded a recommendation of approval to the Vail Town Council for the rezoning of the golf course clubhouse site from Outdoor Recreation District to General Use District. Based upon subsequent public input, the applicant has withdrawn those applications. Prior to submitting new development applications for renovating the Vail Golf Course clubhouse, the Vail Town Council and the Vail Recreation District held multiple public hearings and community open houses to obtain additional public input on a variety of golf course related issues and proposals, including: a re-zoning process for the site, proposed parameters for use of temporary tents on the clubhouse site, possible uses for the existing 18th green following realignment of the hole, parking lot access, netting for the driving range, clubhouse remodel design, including site layout, landscaping, circulation, floor plans and elevations, etc. On September 24, 2012, the Town of Vail, in cooperation with the Vail Recreation District, submitted the subject zone district boundary amendment, prescribed regulation amendments, and conditional use permit amendment applications to facilitate renovations to the Vail Golf Course clubhouse. On October 11, 2012, the Town of Vail and the Vail Recreation District were notified of a complaint filed by adjacent property owners in Eagle County District Court alleging the golf course renovation project violates an existing covenant on the golf course property, among other claims. At this time, the lawsuit does not prevent the Planning and Environmental Commission’s review of the three submitted development applications. IV. ROLES OF THE REVIEWING BODIES Planning and Environmental Commission: The Planning and Environmental Commission is responsible for forwarding a recommendation to the Vail Town Council of approval, approval with modifications, or denial of zone district boundary amendment applications and prescribed regulation amendment applications, in accordance with the provisions of Section 12-3-7, Amendment, Vail Town Code, The Planning and Environmental Commission is responsible for final approval, approval with modifications, or denial of a conditional use permit application, in accordance with the provisions of Chapter 12-16, Conditional Use Permits, Vail Town Code. Design Review Board: Town of Vail Page 5 The Design Review Board has no review authority over a zone district boundary amendment, prescribed regulation amendment, or conditional use permit application. However, the Design Review Board is responsible for the final approval, approval with modifications, or denial of any accompanying design review application. Town Council: The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board under certain conditions. V. NEXT STEPS Final action on the proposed zone district boundary amendment, prescribed regulation amendment, and conditional use permit amendment applications will be requested at a future public hearing. Both the applicant and the Community Development Department anticipate additional hearings before the Planning and Environmental Commission to further discuss the various aspects of the applicant’s proposal as the applicant continues to refine the details of the request. Future work session topics may include: • Zone district boundary amendment • Outdoor Recreation District building height amendment • Development Plans (site and landscape plans, architectural plans, etc.) • Operations/Management Plans • Traffic and Parking Plans VI. RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission listens to the applicant’s presentation, asks questions, and continues the hearing of these items to its November 12, 2012, meeting for further review. VII. ATTACHMENTS A. Vicinity Map B. Applicant’s Request C. Public Comment SUNBURST DR FALLR I D G E R D GOLF LN GOLF TER F A L L R I D G E D R Vail Golf Course Clubhouse 075150 Feet Vail Golf CourseVail Golf Course (1775 Sunburst Drive)(1775 Sunburst Drive) This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) Last Modified: April 23, 2012 Vail Golf Course Clubhouse Re-Development Re-zoning Request Text Amendment to Outdoor Rec Zone District Amendment to Conditional Use Permit Prepared for: Town of Vail 75 South Frontage Road Vail, CO 81657 September 24, 2012, revised October 2, 2012 Vail Golf Course Clubhouse Re-development 1 Re-zoning/Code Amendment/CUP Vail Golf Course Clubhouse Re-Development Introduction The purpose of this report is to provide background information and rationale for development applications pertaining to the proposed re-development of the Vail Golf Course Clubhouse. The following information is provided below: • Summary of proposed Clubhouse improvements, • Purpose of submittal, • Background on the Clubhouse and this proposal, and • Development applications. This application is submitted on behalf of the Public Works Department of the Town of Vail in conjunction with participation of the Vail Recreation District. In 2011 the Vail Town Council took steps to seek voter approval to re-allocate Conference Center funds to other Town projects. The underlying goal of this effort was to utilize the approximately $9.4 million on projects that would “increase overall economic vitality” throughout the Town and among other things have the potential to increase occupancy, have the potential to increase sales tax growth as a result of the investment and enhance the experience for those who live, work and play in Vail. In the Fall of 2011 voters approved the use of Conference Center funds for three projects – Golf Course Clubhouse improvements, a Vail Village Visitor’s Center and Ford Park improvements. Specific improvements for each of these projects were defined in response to the underlying goals articulated in the 2011 ballot language: Without increasing taxes, shall the Town of Vail use the remainder of the one and one-half percent lodging tax revenues and one-half percent sales tax revenues collected from January 1, 2003 through December 31, 2005 to fund the following projects that will promote recreation, promote tourism and support the economy in the Town of Vail: Expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including multi-use community space; Field expansion and restroom renovation at the Ford Park Sports Complex; and Ford Amphitheater improvements, including outdoor seating and restroom improvements? Vail Golf Course Clubhouse Re-development 2 Re-zoning/Code Amendment/CUP The primary improvements envisioned for the Clubhouse included a new, dedicated banquet room and a number of other improvements to the facility that would significantly improve nordic and golf course operations and the overall experience of the guests and users of the building. At a very general level, the following vision statement for the project has played a major role in design decisions over the past months: “… to design a facility that broadens the appeal of golf and nordic facilities while expanding the opportunities for year around use, by creating a unique and special sense of place that is aligned with guest expectations for a world class destination resort . . .” This broad vision statement has influenced the overall direction of the project design. However, many other factors including but not limited to the development program, operations, existing improvements and overall site features and characteristics have directly influenced the team’s approach to project design. A plan set of proposed improvements has been submitted under separate cover. Specific parameters used in the project design included: • Dedicated banquet room with a capacity for 200 people • Pre-convene space sufficient to support the banquet room • The common areas, restrooms, elevator and stairs will be shared throughout the building, however there will be separate entrances for the banquet room and the recreation uses • A grill/bar is sized for +/-40 people plus outdoor/deck space • A kitchen is sized to serve the grill and a separate “warming kitchen” space for the banquet space. • Arrival to Golf/ pro shop and Nordic space should be placed at the parking lot level • Project design that provides for both a winter operation plan and a summer operation plan and any use of the cart barn in the winter should present a finished quality expected for Vail guests • The separation of uses and enhancement of circulation throughout site and within the building • Locate golf course finish area on the east side of the building in order to encourage golfers to exit through the grill/pro shop and to clarify circulation on the front side of the building • Maintain approximate existing square footages while increasing the efficiency and functionality of the building • Two-story tall (4 level) building • Reuse of as much of the existing building structure is critical to maintain the original project budget. Vail Golf Course Clubhouse Re-development 3 Re-zoning/Code Amendment/CUP Purpose of this Submittal Three related development applications are proposed in order to facilitate the re- development of the Clubhouse. These include: 1. Re-zoning a portion of the Clubhouse area from General Use (GU) to Outdoor Recreation (OR), 2. A text amendment to the OR District to increase allowable building height from 21’ (flat roof) and 24’ (sloping roof) to 30’ (flat roof) and 33’ (sloping roof), and 3. Amendment to existing Conditional Use Permit to allow for modifications to the Clubhouse. The first step in the PEC’s review of this project will be a series of work sessions, the purpose of which will be to introduce the project, address the PEC and community’s initial questions and comments, scope potential issues and get other input on the project. PEC action on these applications will then be held after final plans have been re-fined. Background on the Clubhouse and this Proposal Following voter approval in the fall of 2011 to reallocate a portion of Conference Center Funds to the Clubhouse project the Town assembled a project team and design work on project began earlier this year. Since that time the team has held numerous meetings with the Town Council and the Recreation Sub-Committee to define the scope of the project and to review progress on the design of the project. In August a neighborhood meeting was held at the Clubhouse to gather input from the community regarding their issues and concerns with the project. The project team is currently involved in a series of public work sessions with the Town Council. The focus of these work sessions has been to discuss all aspects of the project, specifically dealing with neighborhood issues/concerns and potential alternatives for how the zoning, project design and operation of the new facility can address neighborhood concerns. In 1986 a Conditional Use Permit for the expansion of the Clubhouse was approved by the PEC. Main elements of the ’86 expansion was new golf cart storage, expansion of the bar/dining area, a new meeting room and an expanded kitchen. Today the facility reflects the plans approved by this 1986 approval. Historically the facility has been used as the clubhouse for the golf course, for nordic skiing, and for banquets and other special events. The Vail Golf Course is located on portions of Vail Village Filing 7 and Filing 8 and on a number of unplatted parcels. The existing Clubhouse is located on an unplatted parcel that is zoned Outdoor Recreation (OR). An area generally encompassing the Clubhouse parking lot is located on Lot 3, Sunburst Filing 3 and is currently zoned General Use Vail Golf Course Clubhouse Re-development 4 Re-zoning/Code Amendment/CUP (GU). In both districts “golf courses” are a permitted use and “accessory buildings” (i.e. the Clubhouse) are a conditional use. As such, an amendment to the current CUP is necessary in order to allow for the planned re-development of this facility. Development Applications The following summarizes the three development applications proposed for the Vail Golf Course Clubhouse re-development project. Re-Zoning of Parking Lot from General Use (GU) to Outdoor Recreation (OR) Currently the Clubhouse area is zoned two different zone districts. The parking lot is zoned GU while the Clubhouse building and immediate area is zoned OR. Having what is essentially one development site zoned two different zone districts creates an awkward situation and this re-zoning request is proposed in large part to remedy this existing situation. Either the OR or GU district could provide a suitable and workable zoning for the golf course clubhouse area. Based in large part on input from the community, the GU portion of the Clubhouse area is proposed to be re-zoned to OR. Many residents in the golf course neighborhood expressed concern with the board range of potential land uses under GU zoning and to address this concern the proposed re-zoning would designate the entire Clubhouse area as OR. The OR zone district, while allowing for the golf course and clubhouse use (as a CUP), does have a very restrictive building height limit. A code amendment to the OR zone district is proposed to remedy this situation (see below). Criteria to be used in evaluation of a proposed change to zone district are as follows: 1. How the proposed change in district boundaries is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the Town of Vail’s development objectives. 2. How the proposed change in district boundaries is compatible with and suitable to adjacent uses and appropriate for the area. 3. How the proposed change in district boundaries is in the best interest of the public health, welfare and safety. A response to how the proposed rezoning conforms to these review criteria will be provided in updates to this application prior to formal PEC hearings. Vail Golf Course Clubhouse Re-development 5 Re-zoning/Code Amendment/CUP Building Height Code Amendment to Outdoor Recreation The OR district currently limits building height to 21’ (flat roof) and 24’ (sloping roof). This limitation creates significant design constraints and is also the most restrictive height limitation of any zone district within the Town. In order to establish a building height that will allow for the design of an appropriate, quality building a code amendment to allow for building height of 30’ (flat roof) and 33” (sloping roof) is proposed. Building height of 30’/33’ in the Clubhouse area is consistent with the building height of surrounding properties and is thought to be reasonable given the context of this location and the role the Clubhouse plays in the operation of the golf course. However, building heights of 30’/33’ may not be appropriate elsewhere on the golf course or on other OR zoned properties. For this reason a narrowly defined code amendment will be proposed to limit the locations and/or circumstances where building height of 30’/33’ may be permissible. Alternatives for how to amend building height in the OR District include: 1. Limiting the building height increase to specific types of buildings or to specific locations, Vail Golf Course Clubhouse Re-development 6 Re-zoning/Code Amendment/CUP 2. Establishing specific criteria that must be met in order to allow for buildings up to 30’/33’, or 3. Utilizing the CUP process to review the appropriateness of building height up to 30’/33’. These alternatives will be presented for discussion with the PEC at upcoming work sessions. Criteria to be used in evaluation of a proposed amendment to the zoning code are as follows: 1. How the proposed amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the Town of Vail’s development objectives. 2. How the proposed amendment is compatible with and suitable to adjacent uses and appropriate for the area. 3. How the proposed amendment is in the best interest of the public health, welfare and safety. A response to how the proposed code amendment conforms to these review criteria will be provided in updates to this application prior to formal PEC hearings. Amendment to Existing Conditional Use Permit (CUP) A CUP is currently in place for the Vail Golf Course Clubhouse. An amendment to reflect the proposed re-development and use of the new facility is proposed. Historically the Clubhouse building has been an accessory use to the golf course (cart storage, lockers, food and beverage, pro shop, offices, etc.), has been used by the Vail Nordic Center during winter months and as a facility to host banquets, parties and other functions. The later use has occurred in the existing bar/restaurant area. When used for banquets and other functions the capacity of the bar/restaurant area has been approximately 120 people. While this space has been used for these purposes for many years the existing CUP includes no specific parameters regarding this use of the building. Proposed uses for the Clubhouse are the same as how the building has historically been used - the Golf Course will utilize the facility in the summer, the Nordic Center in the winder and throughout the year the building will be used for banquets and other functions. While uses remain the same, significant upgrades will be made to the building and to the overall guest experience of its users. A dedicated space for banquets and other functions with a capacity of 200 people is the most significant change to the building. Other improvements include a new bar/restaurant (intended primarily to serve golfers), improved spaces for the pro shop and nordic operations, expanded golf cart storage, and Vail Golf Course Clubhouse Re-development 7 Re-zoning/Code Amendment/CUP improved lockers, circulation, restrooms, etc. The building and site design will dramatically improve the sense of arrival to the facility and is also designed to better organize uses and where necessary separate the various users of the building. The CUP includes two main elements – the Development Plan (comprehensive design drawings of the proposed building and site improvements and an Operations/Management Plan (a document outlining how the facility will be used and managed). The CUP also includes a diagram defining the area covered by the CUP (see below). This area includes the Clubhouse building, parking lot and the immediately surrounding area. Improvements planned for the Clubhouse are located within this area and commitments or obligations outlined in the Operations Plan pertain to this area. Below is a summary of the Development Plan and the Operations/Management Plan. Development Plan In accordance with submittal requirements for a CUP, a Development Plan for the project has been submitted. This plan provides comprehensive information on the design of the building along with site and landscape improvements. Information provided includes building elevations and floor plans, roof plan, site plan, landscape plan, grading plan and lighting plan. The Development Plan has been submitted under separate cover. Development Standards Vail Golf Course Clubhouse Re-development 8 Re-zoning/Code Amendment/CUP The proposed building has been designed to conform to all zoning/development standards as outlined in the OR Zone District (assuming the proposed height amendment is approved). Specific information on these standards will be provided as the design package evolves in the coming weeks. Parking requirements for the proposed building can be satisfied with minor expansion and re-organization of the existing parking lot. The following summarizes how parking has been calculated for the facility. The Town’s Zoning Code does not include parking requirements specific to a golf course. As such, parking demand for the course and clubhouse facility has been determined based on the parking that currently exists and then assessing a new parking demand for the expansion or change to any of the parking generating uses within the Clubhouse (i.e. the banquet facility, restaurant and pro shop). In order to meet the Code requirement for parking, an additional 12 spaces have been added to the existing parking lot. It should be understood that this parking, while satisfying code requirements does not address the potential parking impacts of an event being held in the banquet room during peak golf course operations. In these cases a Parking Management Plan will be implemented. This plan will be defined in the Operations and Management Plan for the facility. Operations/Management Plan There are currently no parameters or limitations on how the Clubhouse can be used for banquets and other functions. It is recognized that operational parameters do need to be Vail Golf Course Clubhouse Re-development 9 Re-zoning/Code Amendment/CUP established in order to minimize any potential impacts of the facility on the immediate neighborhood. The Vail Recreation District is currently preparing an Operations and Management Plan for the facility. It is anticipated that this plan will address topic such as lighting, hours of operation, amplified sound, and parking management. This plan will be an important element of the CUP and it is expected that it will be incorporated into any final approval for the project. Criteria to be used in evaluation of a proposed CUP are as follows: 1. Describe the precise nature of the proposed use and measures proposed to make the use compatible with other properties in the vicinity. 2. The relationship and impact of the use on development objectives of the Town. 3. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facility’s needs. 4. The effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking area. 5. The effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. A response to how the proposed CUP conforms to these review criteria will be provided in updates to this application prior to formal PEC hearings. Information on each of the three applications will be updated in the coming weeks in response to input received from the PEC, Town Council and community. rCEUW -E' OCT 17 ZU IZ J TOWN OFVAIL October 17, 2012 Sunburst Drive Homeowners c/o Sam Maslak 1979 Sunburst Drive Vail, CO81657 Planning and Environmental Commission Town of Vail 75 S. FrontageRoad West Vail, Colorado 81657 Re: Vail Golf Course Clubhouse andl 8th Hole/Zoning and Conditional Use Permit Dear Planning and EnvironmentalCommission (PEC): As you are aware, the Town of Vail plans toenlarge the Vail Golf Course clubhouse, move the 18thgreen 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 sizeand scope. It also seeks to amendthe zone district to change the golf course parking lot from a GeneralUse 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 PECto 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 attemptto change zoning relating to height requirements because it is still unclear exactly what the Town will seek (although we reservethe right to opposethe Town's plans in the future once they become more clear). We oppose, however, the Town's request toamend the Conditional Use Permit to allow it to move forward with its proposed changes to the clubhouse, the 18thgreen, and the 18th hole fairway. While wesupport 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. Numerouscitizens 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 abandonits current course altogether and begin anew with plans to renovate and update the golf course clubhouse within its existing footprint and without moving the 18thgreen. 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 opposethe Town's current plan for the following reasons: 1. Development of Program Without Timely Neighborhood, Golfer, orOther Involvement. The Town failed to engagethe 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 notto the area around the clubhouse, the 18thgreen, 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 itsintended paththat it either could not or would not changecourse. 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 createan 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 greenand portions of the fairway. 2 By contrast, the pro shopand golfer grille will total only 2,812square feet. These numbers leave no doubtthat the planned facility will be a large and substantialevent center with coincidental golf space ratherthan 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 havebeen disruptive to the neighborhood and have forced neighbors to call the police. Rather thandevelop a plan that would reducethe 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 amelioratedmany of the golf course neighbors' concerns. The Town refused even to acknowledge thatproposal, and weeks aftertheyreceived it, some members of the Town Council admittedthey 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 thetypes 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 andthe Design Review Board, which could render the commitment of no furtherparking expansionmeaningless 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 raiseserious safety and congestion concerns. According to itsplans, events scheduled at the clubhouse may begin as early as 4 P.M. At that time, golfers will still be on thecourseand 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 planstoshorten the18th fairway and move the18th hole east of the clubhouse, converting the current 18thgreen into a putting/practice green that could also host large tent events. Only aftervoters 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 thisproject, are nothing morethan a smokescreen that will allow the Town to proceed with cutting off the western third of the18th hole, all for the purpose of raising revenue for itself through the event center. Even if the Town's "no additionalparking" 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 asa 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 homeownersalong the18th fairway and current 18th greenand in the adjoining townhomes. Indeed, the expansive use of the facility as a revenue-producing events center raisesthe following concerns regarding noise: a.Orientation of activities. The Town's current proposals place activitiesin the one location that will maximize the noise nuisance to the homeowners. b.Lack of effectivecontrol. The Town has shown an inability to control the noise level of events held in the modest space already at the clubhouse, even whenneighbors 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 continueto 2:00 A.M.. The attendees likely will notall 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 havingwhenthey 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 lightingfor outside activities will most likely be affixed to the building, it will shine toward theresidences, 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 periodwhen 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 havebeen 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 the18th fairway and the 18thgreen as a venueto 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 residentialproperties. The information the Town has circulated indicatesthat 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 distractgolfers, 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 the18thgreen. The movement of thegreen is what places golfers in danger. The Town's current plan is forcing it to spend large sums of moneyto 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 onthe 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 thenearest residenceon 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 thisproject 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 parkingactivities and event functions. 12. Uncertainty Regarding Zoning and Development Plans. Because of the broad options available under the zoningregulations, if the PECwere to grant the Town's requested changes to the CUP, the Town would have broad flexibility regarding how to use the clubhouse, the18th green, and the18th 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 intendsto 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, andleaves open the possibility that the Town will, at a later time, use the property for purposes other than those it now identifies. 13. GeneralConsiderations. In addition to the issues identified above, the following more generalconcerns 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 Townsimply does not need another event center orwedding venue; c.the Townwould spend far toomuch 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 Werequest that the PECdeny the Town's requesttoamend 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 dramaticfashion. 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 andmeetsthe needs of the entire community, not the demands of a few special interest groups. Respectfully, Sir k P// //444igi Samuel H. Maslak Cdr. LuletaMaslak 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 Bill Gibson From: Dale Bugby < DaleFromVail@Hotmail.com> Sent: Thursday, October 18, 2012 5:22 PM To: Bill Gibson Subject: Golf clubhouse Follow Up Flag: Follow up Flag Status: Completed I am strongly opposed to any latitude of interpretation on Pulis deed restriction. Do not allow any expanded use beyond golf at that location. Dale Bugby 970-390-9600 m 1 Bill Gibson From: Lynne Campbell on behalf of CommDev Sent: Friday, October 19, 2012 9:08 AM To: Bill Gibson Subject: FW: Vail Golf Club renovation From: George Lazarus [mailto:george.lazarus@gmail.com] Sent: Thursday, October 18, 20124:16 PM To: CommDev Subject: Fwd: Vail Golf Club renovation Dear Vail Planning Commission, We completely agree with Gretchen Busse and ask that you reconsider this project. If you upgrade the clubhouse within its current footprint you will not upset the entire local community around it. Shelly and George Lazarus 1720 Sunburst Drive, #2 ----------Forwarded message ---------­ From: Gretchen Busse <gretchengb@comcast.net> Date: Thu, Oct 18,2012 at 11:15 AM Subject: Vail Golf Club renovation To: comdev@vailgov.com Dear Planning and Environmental Commission, We 15 town home owners on Sunburst Dr. facing the Vail Golf Club and parking lot strongly oppose this over embellished club house and 18th green renovation. We would very much welcome and want a renovated clubhouse and Nordic center with a grill. But an event center anticipating 100 events a year; that's 3-4 per week with hours until 2 am is ridiculous for a residential neighborhood. The lighting, noise and departing traffic late into the night would be too much, particularly with windows open in the summer. There is no buffer for we residents across the street. And not to mention the devaluation of our property from this nuisance! Also, parking often overflows on to Sunburst Dr shoulder making it dangerous for emergency vehicles, many bikers and just walking the dog. We want the clubhouse renovated within its current footprint and the 18th to remain as it is as was voted Thank you, Gretchen Busse, a 20 year full time resident. 1 Bill Gibson From: Lynne Campbell on behalf of CommDev Sent: Friday, October 19, 2012 2:25 PM To: Bill Gibson Subject: FW: To Whom it May Concern re: the Vail Golf Course and Club House changes From: Greg Hall Sent: Friday, October 19, 2012 2:10 PM To: CommDev Subject: FW: To Whom it May Concern re: the Vail Golf Course and Club House changes PEC Comments From: Malia Cox Nobrega [mailto:malia@crossroadsvail.com] Sent: Wednesday, October 10, 2012 2:19 PM To: Greg Hall Cc: Juan M Garcia Subject: Fwd: To Whom it May Concern re: the Vail Golf Course and Club House changes Greg, please see the below email from a homeowner. I have asked that any owners with comments, please send them to me to send or for them to send it directly themselves. I was going to put on the email to send to you all directly but I didn't get a response back that I saw of what email addresses. For that reason I will forward them as they come through and will cc the owner themselves so that you can see that I did not alter their email. I will send all of them both positive and negative as I encouraged them to express their feelings themselves and not rely only upon management and the Boards etcetera to convey their thoughts. I noted that some people (particularly people that rent) may feel differently than the Board as a whole and that if they are supportive they too should chime in on their opinions. I don't know if they will because I worry that everyone is on overkill with all this but I hope that they will do so. I wasn't comfortable forwarding emails that they sent to me previously because I didn't know how to properly convey the message because they often forwarded other comments from other people in their email stream and those comments out of context may have been hard to understand etcetera. In other words, I asked them to do a free standing letter that they write themselves about their feelings about the project. I cannot be sure that they read what I sent with all the emails we send now on the subject but I tried. I have gotten much positive feedback from owners seeing that the applications to the PEe are now not trying to change the zoning to general use. That has had very positive feedback. Several people have also expressed that if there has to be an "event venue" or banquet room for events, then they are glad to see that they are pursuing the operating agreement although a couple that have read it says they feel it still needs work in areas. They are glad to see the prohibitions against tents, no amplifiers etcetera as positive components. I have not received any positive feedback from any homeowners on holding regular events at this location although there may be some people that rent that feel positive about it but they have not expressed such. Only a handful of people that I am aware currently rent in these townhomes. Maybe the email I sent out saying to express both positive and negative feedback and I did indicate that people who rent may be more inclined towards the idea of a venue for events (as it may help with rentals). Please add the below email to feedback and I will forward more in the future. Please send me the best emails to send this feedback. Thank you. 1 ----------Forwarded message ---------­ From: alvaro garcia de Quevedo <aquevedo@notaria55.com> Date: Wed, Oct 10,2012 at 1:48 PM Subject: To Whom it May Concern To: Malia Cox Nobrega <malia@crossroadsvail.com> As neighbors of Sunburst Drive (Unit 24Vail Golfcourse Townhomes) we are concerned about the plans for the golf course area. The TOV has most of the time been assertive in the upgrades made in order to generate more value to Vail property owners. I am concerned that our neighborhood could be transformed into an event venue place where traffic, noise, alcohol and other inconvenients may arise. We do not want to become the "bad place" to live. We don't want other people making money on new venues while diminishing the general property area. Upgrades are always welcome but keeping in mind that our neighborhood is a place where not only neighbors, but Vail residents make outdoor activities (golf, running, cycling, etc.). We have been owners in the golf course area since 1981, although we live abroad we are regular visitors to Vail both in winter and summer seasons. Any proposal to the golf course area must have in mind ABOVE ALL that the benefits have to be for the neighborhood, not for the visitors that will go to a party event in a new venue. Thank you and best regards. Alvaro Garcia de Quevedo F. Notaria 55 DF aquevedo@notaria55.com 2 Bill Gibson From: Lynne Campbell on behalf of CommDev Sent: Friday, October 19, 2012 2:25 PM To: Bill Gibson Subject: FW: Golf Course From: Ahgramm@aol.com [mailto:Ahgramm@aol.com] Sent: Friday/ October 19/ 2012 1:56 PM To: CommDev Subject: re: Golf Course The town of Vail had managed to trod-over or manipulate too many covenant articles to benefit their own commercial desires. What was once a charming and delightful village has ---or, is becoming just another town controlled by the almighty dollar. I know who carries the biggest stick and it is sad that it takes legal action to stop that stick from beating any faster than it does. Annemie Gramm---413 Gore Creek Drive 1 Bill Gibson From: Gretchen Busse <gretchengb@comcast.net> Sent: Sunday, October 21, 2012 6:12 PM To: Bill Gibson Subject: Fw: Vail Golf Club renovation -----Original Message ---­ From: Gretchen Busse To: comdev@vailgov.com Sent: Thursday, October 18, 2012 9:15 AM Subject: Vail Golf Club renovation Dear Planning and Environmental Commission, We 15 town home owners on Sunburst Dr. facing the Vail Golf Club and parking lot strongly oppose this over embellished club house and 18th green renovation. We would very much welcome and want a renovated clubhouse and Nordic center with a grill. But an event center anticipating 100 events a year; that's 3-4 per week with hours until 2 am is ridiculous for a residential neighborhood. The lighting, noise and departing traffic late into the night would be too much, particularly with windows open in the summer. There is no buffer for we residents across the street. And not to mention the devaluation of our property from this nuisance! Also, parking often overflows on to Sunburst Dr shoulder making it dangerous for emergency vehicles, many bikers and just walking the dog. We want the clubhouse renovated within its current footprint and the 18th to remain as it is as was voted Thank you, Gretchen Busse, a 20 year full time resident. 1 Bill Gibson From: Lynne Campbell on behalf of CommDev Sent: Monday, October 22, 2012 10:42 AM To: Bill Gibson Subject: FW: Vail Golf Course From: Richard deC HINDS [mailto:rhinds@cgsh.com] Sent: Friday, October 19, 20124:31 PM To: CommOev Subject: Vail Golf Course I have very concerned that the plans still seem to leave open major changes to the signature hole at the golf course. It is totally unnecessary to eliminate part of the fairway to the 18Th hole and eliminating the 18th green and truncating the fairway would be an even bigger mistake. I thought that idea was off the table but it appear that it could be sprung back to life without much advance warning to the golf community. It is very important to Vail's success as summer destination that the golf course not be wrecked in this manner. Sincerely Richard Hinds 74 Willow Road Richard Hinds Cleary Gottlieb Steen & Hamilton LLP Assistant: dnewman@cgsh.com 2000 Pennsylvania Avenue, NW Washington, DC 20006 t: +12029741540 If: 202 97419991 m: 2023166999 www.clearygottlieb.comlrhinds@cgsh.com This message is being sent from a law firm and may contain confidential or privileged information. If you are not the intended recipient, please advise the sender immediately by reply e-mail and delete this message and any attachments without retaining a copy. Throughout this communication, "Cleary Gottlieb" and the "firm" refer to Cleary Gottlieb Steen & Hamilton LLP and its affiliated entities in certain jurisdictions, and the term "offices" includes offices of those affiliated entities. 1 Bill Gibson From: Lynne Campbell on behalf of CommDev Sent: Monday, October 22, 2012 10:42 AM To: Bill Gibson Subject: FW: Golf Course Renovations From: Malia Cox Nobrega [mailto:malia@crossroadsvail.com] Sent: Monday, October 22, 2012 8:35 AM To: CommDev Cc: Alberto Abed; Alexander Bracken; Cynthia Scott; Enrique R Miranda Paz; Eric Balzer; James F. Tiampo; Jose Lanzagorta; Juan M Garcia; Marvin Hein; Michael Griffinger; Waldo F. Geiger; Abbey &Alyne Kaplan; Bernard Minkow; Bob Rule; Brooks and Linda Zug; Dave and Lynne Creager; David Zinni Earl J. Rusnak, Jr.; George Hallenbeck; Helen & Morris Ginsburg; James & Elaine LunneYi Jean Gordoni Jean Halli Jeff & Adele Stalderi John & Penny Terhar; John and Susan Gowen; John L. Griebling; Jorge Conseco; Jorge Dunand; Leonard J. & Laura Berlik; Luis HarveYi Manuel Girault; Michael & Valerie Katz; Peter M. & Helena M. Leslie; Rebeca Jimenez-campos; Rene & Aurora Leon; Richard & Sandra Collier; Robert Trotta; Robert W. Geyer; Sergio J. and Sara Armella; Spencer Swaim; Steve & Brigid Wilkening; Susan Townsend; Arlene Bobrow; Bob and Liz Kivlandi Brian Barish; CurtiS and Kris Olson; Dennis SCioli; Donald Ferlic; Dunvil Properties LLC; Harry Stephenson; Kevin Murphy; Lee G. Schulman; Lyn Batcheller; Manuel Orvananosi Marc Lippitt Mr. Scott Shwayder; Michael S. Barish; Philip L. Bernstein Subject: Fwd: Golf Course Renovations Please see the below email from one of the homeowners at the Vail Golfcourse Townhomes. ----------Forwarded message ---------­ From: Alyne Kaplan <awk3569@gmail.com> Date: Fri, Oct 19,2012 at4:15 PM Subject: Golf Course Renovations To: Malia Cox Nobrega <malia@crossroadsvail.com> Malia Would you please forward the following letter to the appropriate parties. I think some of the facts contained in this letter may not have been addressed in the decision making process regarding the Golf Course Renovations. Thank you I am the owner of Unit 55 at the Vail Golf Course Townhomes. My husband and I have owned our this home in Vail for over 16 years and prior to that owned a condominium in Lionshead. Our property manager has been continually presenting information from all sides on this issue (information from Vail Recreation District, the Town, neighboring owners) and I wanted to take the time to express my opinions regarding the ongoing project plans at the Vail Golf Course area. First, I am thrilled that a long overdue face-lift and improvements are being implemented for the clubhouse and outbuildings for the course. Everyone seems to agree that this is very much needed so we are thankful for these efforts. I am also grateful that the Town and the Vail Recreation District has changed its plans from trying to rezone to general use, this is a great relief. Thank you for listening to these important concerns from the neighboring owners. 1 I disagree with the notion that this venue and location is similar to having a community venue like Donovan Pavilion and Eagle-Vail Pavilion. Both Donovan and Eagle-Vail have open space around them and had no structures or facilities located on the property when the neighboring homeowners bought their homes in the vicinity of these venues. Additionally, there is a much more substantial barrier between these venues and nearby owners compared to our situation at the Vail Golf Course where things are quite dense in comparison. For example, Donovan Pavilion has huge areas of grass lawns, parks etcetera and on the areas that are closest to adjacent private residences, Gore Creek runs between homes and the venue along with mature trees. In Eagle-Vail the nearest properties are Homestake Peak School (formerly Battle Mountain High School), the community golf course, pool and tennis courts. No one lives even close to that venue in comparison. Conversely, at the Vail Golf Course clubhouse area we are very close together in this area and the land that you are working with is substantially smaller. I for one do not feel it was reasonable for people that purchased here to anticipate that such a change was a likelihood. I don't know all the specifics or if the position of the Sunburst owners is 100% accurate but it is my understanding that there was good reason to feel protected by the deed restrictions in place on the parcel in question. It also doesn't make good sense to me to add a venue to this area given the limited land for appropriate facilities for parking. It is too close to neighboring residences that will likely be adversely impacted. Even now there are several times per year that we as neighbors in the area ignore illegal parking along the road for people that are at the clubhouse or the golf course when it is beyond its parking capacity. I am told that you are planning to have approximately 150 events per year at this new venue in addition to what already takes place. The single entry road is a slow moving (15 mile an hour zone that is already a challenge due to the fact that it is shared with the bike path. During the summer there are numerous bikers, including many small children riding to the connecting bike path through the golf course. Bringing more traffic to the situation seems undesirable on several levels. I just don't see how this can turn out well. I believe many if not most of the owners that bought property in this area did so (and at a substantial premium) for the proximity to the Vail core while at the same time having a true "neighborhood" that is quiet and out of the "hustle and bustle" of the main Vail area. It feels a bit like the reasons for our purchase are being jerked out from under us now. I cannot help but wonder if this will negatively impact our property values over time. Yes we want a newer facility to replace the dated facility but we had no idea that the price for that would be to change the character of the neighborhood at the same time. I also wonder if this event venue is taken out of the equation if this lawsuit from the Sunburst owners would also go away. As an avid golfer of the course I feel any changes to the 18th hole will diminish its appeal. I am sure cheaper and less impacting alternatives could be explored to protect from errant balls from the driving range, however, I have played there for many years and have not found there to be an issue. I ask you to consider if you would have pursued this position (given the neighbors concerns) if many of these neighbors were entitled to vote in the elections process locally? Actually I don't remember the proposal approving the transfer of the monies to be used for the improvement of the clubhouse including any type of event venue. Maybe we as owners in this area, other than the Sunburst owners, have not done an adequate job of letting you know how disturbing this is to the other neighbors. If we had better expressed ourselves without relying upon our property manager then you would understand how important this is us as well. It may be wrong to feel as though we are being treated like second class citizens as second homeowners, but I must admit these continued plans have left me with pangs of feeling that this is what I never thought I was "just a second homeowner.II I have always felt like a part of this community in all these years of owning in Vail and I want to keep those good feelings. I am hopeful that if we express ourselves more and you understand how so many of us feel that this can get back on track and avoid the nightmare of drawn 2 out litigation. As you are certainly aware, litigation will not only undermine pocketbooks for everyone including the Town, but will also undermine the community spirit in the process. Thank you very much for taking the time to listen to my concerns. I realize that it is not possible to make everyone happy and that you have changed some things based upon expressed concerns, but I do feel that the plan in its current form still seems to be negative for a great deal of people and not just a few. I anxiously await the study on expected revenues from these changes in the report that I have been told is forthcoming from the VRD and the Town. I have a hard time believing that the revenue is going to be impressive enough to put everyone through this. I feel very strongly that many other neighbors agree with my position so I am asking our property manager to cc the other homeowners in the Vail Golf Course Townhomes on this email to give them an opportunity to if t add their position either in support of your plans or against them as I certainly don't want to speak for everyone. I encourage them to "reply to all" with their opinions on the project and if they support it then they deserve to be heard as well. If those owners wish to send their opinions without everyone else seeing them then they can certainly send it directly themselves. Please other owners, make your opinions known on something that is the biggest effect on our neighborhood in the entire time that I have owned. Although Malia has done a great job at trying to convey how we feel to the Town, it impossible for her to fully express what only we can do individually. Sincerely, Alyne Kaplan Malia Cox Nobrega Crossroads Realty Ltd malia@crossroadsvail.com www.searchvailmls.com 970-476-4300 office 970-977 -1041 cellular 970-479-9534 fax 3 Bill Gibson From: Lynne Campbell on behalf of CommDev Sent: Monday, October 22, 2012 10:42 AM To: Bill Gibson Subject: FW: TO WHOM IT MAY CONCERN RE VAIL GOLF COURSE RENOVATIONS From: Malia Cox Nobrega [mailto:malia@crossroadsvail.com] Sent: Monday, October 22, 2012 8:37 AM To: CommDev Cc: Jean Hall Subject: Fwd: TO WHOM IT MAY CONCERN RE VAIL GOLF COURSE RENOVATIONS Please see the below email message that I was asked to forward to you on behalf of the homeowner. Thank you. ----------Forwarded message ---------­ From: <DANDJHALL@aol.com> Date: Mon, Oct 15,2012 at 9:25 AM Subject: TO WHOM IT MAY CONCERN To: malia@crossroadsvail.com I own a condo in the Vail Townhome Golf Course area--Unit J-32. I've been an owner since the late 80s and always have enjoyed having close access to the Vail Golf Course. I am a golfer and I really hate to see the 18th hole shortened. I do feel it will make the course too easy and won't appeal to players as much. I also think there's a good chance that the owners near the hole will sue if the 18th hole is changed, which will greatly delay the renovation and increase costs. I think the golf shop/pro shop area and restaurant have long been in need of an upgrade, but I'm not at all in favor of adding an event venue. I know those who are interested in the latter, say there will be no parking problems, but I find that very hard to believe. Are they only thinking of having the venue open for evening events?? A capacity of some 200 in the event facility would at the very least need 100 parking spaces--where will they be located? Will they then have to allow parking on Sunburst Drive? I'm also concerned with the possible noise factor. One reason I bought in this area instead of Vail Village or Beaver Creek was because it was quiet and a bit off the beaten track. I am also completely against the idea of changing the space to general use zoning. I'm sorry I couldn't be present to voice my concerns in person. Sincerely Jean Hall, Unit J-32 Malia Cox Nobrega Crossroads Realty Ltd malia@crossroadsvail.com www.searchvailmls.com 1 970-476-4300 office 970-977 -1041 cellular 970-479-9534 fax 2 Bill Gibson From: Lynne Campbell on behalf of CommDev Sent: Monday, October 22, 2012 10:41 AM To: Bill Gibson Subject: FW: To Whom it May Concern re Vail Golf Course From: Malia Cox Nobrega [mailto:malia@crossroadsvail.com] sent: MondaYI October 22 / 20128:48 AM To: CommDev Cc: Juan M Garcia Subject: Fwd: To Whom it May Concern re Vail Golf Course Please see below from homeowner requesting that I send to the appropriate parties. ----------Forwarded message ---------­ From: alvaro garcia de quevedo <aguevedo@notaria55.com> Date: Wed, Oct 10, 2012 at 1 :48 PM Subject: To Whom it May Concern To: Malia Cox Nobrega <malia@crossroadsvail.com> As neighbors of Sunburst Drive (Unit 24) we are concerned about the plans for the golf course area. The TOV has most of the time been assertive in the upgrades made in order to generate more value to Vail property owners. I am concerned that our neighborhood could be transformed into an event venue place where traffic, noise, alcohol and other inconvenients may arise. We do not want to become the "bad place" to live. We don't want other people making money on new venues while diminishing the general property area. Upgrades are always welcome but keeping in mind that our neighborhood is a place where not only neighbors, but Vail residents make outdoor activities (golf, running, cycling, etc.). We have been owners in the golf course area since 1981, although we live abroad we are regular visitors to Vail both in winter and summer seasons. Any proposal to the golf course area must have in mind ABOVE ALL that the benefits have to be for the neighborhood, not for the visitors that will go to a party event in a new venue. Thank you and best regards. 1 Alvaro Garcia de Quevedo F. Notaria 55 DF aq uevedo@notaria55.com Malia Cox Nobrega Crossroads Realty Ltd malia@crossroadsvail.com www.searchvailmls.com 970-476-4300 office 970-977 -1041 cellular 970-479-9534 fax 2 <asbobrow@yahoo.com>; Bob and Liz Kivland <bilinreilly@yahoo.com>; Brian Barish <eabarish@gmail.com>; Curtis and Kris Olson <curtis-olson@comcast.net>; Dennis Scioli <gemvest@yahoo.com>; Donald Ferlic <sf8888@aol.com>; Dunvil Properties LLC <dvilchis@casasarko.com.mx>; Harry Stephenson <hcseyemd@aol.com>; Kevin Murphy <kevin.p.murphy@comcast.net>; Lee G. Schulman <veinsonlinel@yahoo.com>; Lyn Batcheller <batch.joe@gmail.com>; Manuel Orvananos <maneorva@prodigy.net.mx>; Marc Lippitt Mr. Scott Shwayder <mlippitt@unjgueprop.com>; Michael S. Barish <mbarish@cambiar.com>; Philip L. Bernstein < pbernstein@jacobstern.com> Subject: Fwd: Golf Course Renovations Please see the below email from one of the homeowners at the Vail Golfcourse Townhomes. ----------Forwarded message ---------­ From: Alyne Kaplan <awk3569@gmaiLcom> Date: Fri, Oct 19,2012 at 4:15 PM Subject: Golf Course Renovations To: Malia Cox Nobrega <malia@crossroadsvail.com> Malia Would you please forward the following letter to the appropriate parties. I think some of the facts contained in this letter may not have been addressed in the decision making process regarding the Golf Course Renovations. Thank you I am the owner of Unit 55 at the Vail Golf Course Townhomes. My husband and I have owned our this home in Vail for over 16 years and prior to that owned a condominium in Lionshead. Our property manager has been continually presenting information from all sides on this issue (information from Vail Recreation District, the Town, neighboring owners) and I wanted to take the time to express my opinions regarding the ongoing project plans at the Vail Golf Course area. First, I am thrilled that a long overdue face-lift and improvements are being implemented for the clubhouse and outbuildings for the course. Everyone seems to agree that this is very much needed so we are thankful for these efforts. I am also grateful that the Town and the Vail Recreation District has changed its plans from trying to rezone to general use, this is a great relief. Thank you for listening to these important concerns from the neighboring owners. I disagree with the notion that this venue and location is similar to having a community venue like Donovan Pavilion and Eagle-Vail Pavilion. Both Donovan and Eagle-Vail have open space around them and had no structures or facilities located on the property when the neighboring homeowners bought their homes in the vicinity of these venues. Additionally, there is a much more substantial barrier between these venues and nearby owners compared to our situation at the Vail Golf Course where things are quite dense in comparison. For example, Donovan Pavilion has huge areas of grass lawns. parks etcetera and on the areas that are closest to adjacent private residences, Gore Creek runs between homes and the venue along with mature trees. In Eagle-Vail the nearest properties are Homestake Peak School (formerly Battle Mountain High School), the community golf course, pool and tennis courts. No one lives even close to that venue in comparison. Conversely, at the Vail Golf Course clubhouse area we are very close together in this area and the land that you are working with is substantially smaller. I for one do not feel it was reasonable for people that purchased here to anticipate that such a change was a likelihood. I don't know all the specifics or if the position of the Sunburst owners is 100% accurate but it is my understanding that there was good reason to feel protected by the deed restrictions in place on the parcel in question. It also doesn't make good sense to me to add a venue to this area given the limited land for appropriate facilities for parking. It is too close to neighboring residences that will likely be adversely 2 I impacted. Even now there are several times per year that we as neighbors in the area ignore illegal parking along the road for people that are at the clubhouse or the golf course when it is beyond its parking capacity. I am told that you are planning to have approximately 150 events per year at this new venue in addition to what already takes place. The single entry road is a slow moving (15 mile an hour zone that is already a challenge due to the fact that it is shared with the bike path. During the summer there are numerous bikers, including many small children riding to the connecting bike path through the golf course. Bringing more traffic to the situation seems undesirable on several levels. just don't see how this can turn out well. I believe many if not most of the owners that bought property in this area did so (and at a substantial premium) for the proximity to the Vail core while at the same time having a true "neighborhood" that is quiet and out of the "hustle and bustle" of the main Vail area. It feels a bit like the reasons for our purchase are being jerked out from under us now. I cannot help but wonder if this will negatively impact our property values over time. Yes we want a newer facility to replace the dated facility but we had no idea that the price for that would be to change the character of the neighborhood at the same time. I also wonder if this event venue is taken out of the equation if this lawsuit from the Sunburst owners would also go away. As an avid golfer of the course I feel any changes to the 18th hole will diminish its appeal. I am sure cheaper and less impacting alternatives could be explored to protect from errant balls from the driving range, however, I have played there for many years and have not found there to be an issue. I ask you to consider if you would have pursued this position (given the neighbors concerns) if many of these neighbors were entitled to vote in the elections process locally? Actually I don't remember the proposal approving the transfer of the monies to be used for the improvement of the clubhouse including any type of event venue. Maybe we as owners in this area, other than the Sunburst owners, have not done an adequate job of letting you know how disturbing this is to the other neighbors. If we had better expressed ourselves without relying upon our property manager then you would understand how irnportant this is us as well. It may be wrong to feel as though we are being treated like second class citizens as second homeowners, but I must admit these continued plans have left me with pangs of feeling that this is what I never thought I was "just a second homeowner." I have always felt like a part of this community in all these years of owning in Vail and I want to keep those good feelings. I am hopeful that if we express ourselves more and you understand how so many of us feel that this can get back on track and avoid the nightmare of drawn out litigation. As you are certainly aware, litigation will not only undermine pocketbooks for everyone including the Town, but will also undermine the community spirit in the process. Thank you very much for taking the time to listen to my concerns. 'realize that it is not possible to make everyone happy and that you have changed some things based upon expressed concerns, but I do feel that the plan in its current form still seems to be negative for a great deal of people and not just a few. I anxiously await the study on expected revenues from these changes in the report that I have been told is forthcoming from the VRD and the Town. I have a hard time believing that the revenue is going to be impressive enough to put everyone through this. I feel very strongly that many other neighbors agree with my position so I am asking our property manager to cc the other homeowners in the Vail Golf Course T own homes on this email to give them an opportunity to if t add their position either in support of your plans or against them as I certainly don't want to speak for everyone. I encourage them to "reply to all" with their opinions on the project and if they support it then they deserve to be heard as well. If those owners wish to send their opinions without everyone else seeing them then they can certainly send it directly themselves. Please other owners, make your opinions known on something that is the biggest effect on our neighborhood in the entire time that I have owned. Although Malia has done a great job at 3 trying to convey how we feel to the Town, it impossible for her to fully express what only we can do individually. Sincerely, Alyne Kaplan Malia Cox Nobrega Crossroads Realty Ltd malia@crossroadsvail.com www.searchvailmls.com 970-476-4300 office 970-977 -1041 cellular 970-479-9534 fax 4 Bill Gibson From: David Rhoades on behalf of CommDev Sent: Monday, October 22, 2012 11:00 AM To: Bill Gibson Subject: FW: Fwd: Golf Course Renovations From: Eric Balzer [mailto:Eric.Balzer@RAMTRON.com] Sent: Monday, October 22,2012 10:49 AM To: Michael Katz; malia@crossroadsvail.com; CommDev Cc: flymex042752@aol.com; alexander.bracken@cusys.edu; scottmahaffyclan@gmail.com; emiranda@miranda.com.mx; jtiampo@mba1987.hbs.edu; jose.lanzagorta@avemex.com.mx; aquevedo@notaria55.com; marvin.c.hein@gmall.com; griffinger@gibbonslaw.com; wallygeiger@prodigy.net; awk3569@gmail.com; bminkow@mac.com; bobrule@hotmail.com; bzug@harbourvest.com; Iynniebabe@earthlink.net; ahhso@aol.com; ERUSNAK@harrisassoc.com; george@hallenbeck.com; morrisginsburg@mindspring.com; JLunney@wealthstratgroup.com; JMG412@aol.com; DANDJHALL@aol.com; Lstalder@fsf-Iaw.com; jterhar@sthmotors.com; jgowen@lgi.com; ngriebling@comcast.net; jecanseco@sbcglobal.net; gdunand@ferrioni.com; Ijb59@verizon.net; Iharvey@nexxuscapital.com; manuel.girault@avemex.com.mx Subject: RE: Fwd: Golf Course Renovations We have owned Unit #25 for 8 years. We bought it because it was more of a neighborhood community and out of the hustle and bustle of Vail proper. It certainly seems that, with 150 events, this will no longer be a somewhat quiet neighborhood. Further, the summer brings a terrific number of bikers utilizing the access to the bike trail, and events will likely raise the opportunity for a bike / car accident. This doesn't make sense, or continue the atmosphere that we have on Sunburst Lane. I agree with the emails below, please reconsider. From: Michael Katz [mailto:mkatz@mkreg.comJ Sent: Monday, October 22,20128:59 AM To: malia@crossroadsvail.com; commdev@vailgov.com Cc: flymex042752@aol.com; alexander.bracken@cusys.edu; scottmahaffyclan@gmail.com; emiranda@miranda.com.mx; Eric Balzer; jtiampo@mba1987 .hbs.edu; jose.lanzagorta@avemex.com.mx; aguevedo@notaria55.com; marvin.c.hein@gmail.com; griffinger@gibbonslaw.com; wallygeiger@prodigy.net; awk3569@gmail.com; bminkow@mac.com; bobrule@hotmail.com; bzug@harbourvest.com; lynniebabe@earthlink.net; ahhso@aol.com; ERUSNAK@harrisassoc.com; george@hallenbeck.com; morrisginsburg@mindspring.com; JLunney@wealthstratgroup.com; JMG412@aol.com; DANDJHALL@aol.com; j stalder@fsf-law.com; jterhar@sthmotors.com; jgowen@lgi.com; ngriebling@comcast.net; jecanseco@sbcglobal.net; gdunand@ferrioni.com; Ijb59@verizon.net; Iharvey@nexxuscapital.com; manuel.girault@avemex.com.mx Subject: Re: Fwd: Golf Course Renovations Alyne. Thank you for your very thoughtful and comprehensive analysis. Simply put we agree. We have owned Unit #46 for nearly 20 years and are prepared to support any reasonable measure to best insure the continued quality of life in our town home community. Michael and Valerie Katz 1 From: Malia Cox Nobrega [mailto:malia@crossroadsvaiLcom] Sent: Monday, October 22, 2012 09:35 AM Central Standard Time To: commdev@vailgov.com <commdev@vailgov.com> Cc: Alberto Abed <flymex042752@aoLcom>; Alexander Bracken <alexander.bracken@cusys.edu>; Cynthia Scott <scottmahaffyclan@gmaiLcom>j Enrique R Miranda Paz <emiranda@miranda.com.mx>; Eric Balzer <eric.balzer@ramtron.com>; James F. Tiampo <jtiampo@mba1987.hbs.edu>; Jose Lanzagorta <jose.lanzagorta@avemex.com.mx>; Juan M Garcia <aguevedo@notaria55.com>; Marvin Hein <marvin.c.hein@gmail.com>; Michael Griffinger <griffinger@gibbonslaw.com>; Waldo F. Geiger <wallygeiger@prodigy.net>; Abbey & Alyne Kaplan <awk3569@gmail.com>; Bernard Minkow <bminkow@mac.com>; Bob Rule <bobrule@hotmail.com>; Brooks and Linda Zug <bzug@harbourvest.com>; Dave and Lynne Creager <Iynniebabe@earthlink.net>; David Zinn <ahhso@aoLcom>; Earl J. Rusnak, Jr. <ERUSNAK@harrisassoc.com>; George Hallenbeck <george@hallenbeck.com>; Helen &Morris Ginsburg <morrisginsburg@mindspring.com>; James &Elaine Lunney <JLunney@wealthstratgroup.com>; Jean Gordon <JMG412@aoLcom>; Jean Hall <DANDJHALL@aol.com>; Jeff &Adele Stalder <j stalder@fsf-Iaw.com>; John &Penny Terhar <jterhar@sthmotors.com>; John and Susan Gowen <jgowen@lgi.com>; John L. Griebling <ngriebling@comcast.net>; Jorge Conseco <jecanseco@sbcglobal.net>; Jorge Dunand <gdunand@ferrioni.com>; Leonard J. & Laura Berlik <ljb59@verizon.net>; Luis Harvey <lharvey@nexxuscapitaLcom>; Manuel Girault <manuel.girault@avemex.com.mx>; Michael Katz; Peter M. & Helena M. Leslie <hglnyc@aol.com>; Rebeca Jimenez-Campos <rebecajimguerra@yahoo.com>; Rene &Aurora Leon <reneleon@erreele.com.mx>; Richard & Sandra Collier <dads4wood@hotmail.com>; Robert Trotta <bob@resort.co.uk>; Robert W. Geyer <rwgeyer@sunsetautogroup.com>; Sergio J. and Sara Armella <sergio armella@cyysa.com>; Spencer Swaim <sswalm@twgservices.com>; Steve & Brigid Wilkening <BrigidWilkening@aol.com>; Susan Townsend <drsusantownsend@gmaiLcom>i Arlene Bobrow <asbobrow@yahoo.com>; Bob and Liz Kivland <bilinreilly@yahoo.com>; Brian Barish <eabarish@gmail.com>; Curtis and Kris Olson <curtis-olson@comcast.net>; Dennis Scioli <gemvest@yahoo.com>; Donald Ferlic <sf8888@aol.com>; Dunvil Properties LLC <dvilchis@casasarko.com.mx>; Harry Stephenson <hcseyemd@aol.com>; Kevin Murphy <kevin.p.murphy@comcast.net>; Lee G. Schulman <veinsonline1@yahoo.com>; Lyn Batcheller <batch.joe@gmaiLcom>; Manuel Orvananos <maneorva@prodigy.net.mx>; Marc Lippitt Mr. Scott Shwayder <mlippitt@unigueprop.com>; Michael S. Barish <mbarish@cambiar.com>i Philip L. Bernstein <pbernstein@jacobstern.com> Subject: Fwd: Golf Course Renovations Please see the below email from one of the homeowners at the Vail Golfcourse Townhomes. ----------Forwarded message ---------­ From: Alyne Kaplan <awk3569@gmail.com> Date: Fri, Oct 19,2012 at 4: 15 PM Subject: Golf Course Renovations To: Malia Cox Nobrega <malia@crossroadsvail.com> Malia Would you please forward the following letter to the appropriate parties. I think some of the facts contained in this letter may not have been addressed in the decision making process regarding the Golf Course Renovations. Thank you I am the owner of Unit 55 at the Vail Golf Course Townhomes. My husband and I have owned our this home in Vail for over 16 years and prior to that owned a condominium in Lionshead. Our property manager has been continually presenting information from all sides on this issue (information from Vail Recreation District, the Town, neighboring owners) and I wanted to take the time to express my opinions regarding the ongoing project plans at the Vail Golf Course area. First, I am thrilled that a long overdue face-lift and improvements are being implemented for the clubhouse and outbuildings for the course. Everyone seems to agree that this is very much needed so we are thankful for these efforts. I am also grateful that the Town and the Vail Recreation District 2 has changed its plans from trying to rezone to general use, this is a great relief. Thank you for listening to these important concerns from the neighboring owners. I disagree with the notion that this venue and location is similar to having a community venue like Donovan Pavilion and Eagle-Vail Pavilion. Both Donovan and Eagle-Vail have open space around them and had no structures or facilities located on the property when the neighboring homeowners bought their homes in the vicinity of these venues. Additionally, there is a much more substantial barrier between these venues and nearby owners compared to our situation at the Vail Golf Course where things are quite dense in comparison. For example, Donovan Pavilion has huge areas of grass lawns, parks etcetera and on the areas that are closest to adjacent private residences, Gore Creek runs between homes and the venue along with mature trees. In Eagle-Vail the nearest properties are Homestake Peak School (formerly Battle Mountain High School), the community golf course, pool and tennis courts. No one lives even close to that venue in comparison. Conversely, at the Vail Golf Course clubhouse area we are very close together in this area and the land that you are working with is substantially smaller. I for one do not feel it was reasonable for people that purchased here to anticipate that such a change was a likelihood. I don't know all the specifics or if the position of the Sunburst owners is 100% accurate but it is my understanding that there was good reason to feel protected by the deed restrictions in place on the parcel in question. It also doesn't make good sense to me to add a venue to this area given the limited land for appropriate facilities for parking. It is too close to neighboring residences that will likely be adversely impacted. Even now there are several times per year that we as neighbors in the area ignore illegal parking along the road for people that are at the clubhouse or the golf course when it is beyond its parking capacity. I am told that you are planning to have approximately 150 events per year at this new venue in addition to what already takes place. The single entry road is a slow moving (15 mile an hour zone that is already a challenge due to the fact that it is shared with the bike path. During the summer there are numerous bikers, including many small children riding to the connecting bike path through the golf course. Bringing more traffic to the situation seems undesirable on several levels. I just don't see how this can turn out well. I believe many if not most of the owners that bought property in this area did so (and at a substantial premium) for the proximity to the Vail core while at the same time having a true "neighborhood" that is quiet and out of the "hustle and bustle" of the main Vail area. It feels a bit like the reasons for our purchase are being jerked out from under us now. I cannot help but wonder if this will negatively impact our property values over time. Yes we want a newer facility to replace the dated facility but we had no idea that the price for that would be to change the character of the neighborhood at the same time. I also wonder if this event venue is taken out of the equation if this lawsuit from the Sunburst owners would also go away. As an avid golfer of the course I feel any changes to the 18th hole will diminish its appeal. I am sure cheaper and less impacting alternatives could be explored to protect from errant balls from the driving range, however, I have played there for many years and have not found there to be an issue. I ask you to consider if you would have pursued this position (given the neighbors concerns) if many of these neighbors were entitled to vote in the elections process locally? Actually I don't remember the proposal approving the transfer of the monies to be used for the improvement of the clubhouse including any type of event venue. Maybe we as owners in this area, other than the Sunburst owners, have not done an adequate job of letting you know how disturbing this is to the other neighbors. If we had better expressed ourselves without relying upon our property manager then you would understand how important this is us as well. It may be wrong to feel as though we are being treated like second class citizens as second homeowners, but I must admit these continued plans have left me with pangs of feeling that this is what I never thought I was "just a second 3 homeowner.II I have always felt like a part of this community in all these years of owning in Vail and I want to keep those good feelings. I am hopeful that if we express ourselves more and you understand how so many of us feel that this can get back on track and avoid the nightmare of drawn out litigation. As you are certainly aware, litigation will not only undermine pocketbooks for everyone including the Town, but will also undermine the community spirit in the process. Thank you very much for taking the time to listen to my concerns. I realize that it is not possible to make everyone happy and that you have changed some things based upon expressed concerns, but I do feel that the plan in its current form still seems to be negative for a great deal of people and not just a few. I anxiously await the study on expected revenues from these changes in the report that I have been told is forthcoming from the VRD and the Town. I have a hard time believing that the revenue is going to be impressive enough to put everyone through this. I feel very strongly that many other neighbors agree with my position so I am asking our property manager to cc the other homeowners in the Vail Golf Course Townhomes on this email to give them an opportunity to if t add their position either in support of your plans or against them as I certainly don't want to speak for everyone. I encourage them to "reply to all" with their opinions on the project and if they support it then they deserve to be heard as well. If those owners wish to send their opinions without everyone else seeing them then they can certainly send it directly themselves. Please other owners, make your opinions known on something that is the biggest effect on our neighborhood in the entire time that I have owned. Although Malia has done a great job at trying to convey how we feel to the Town, it impossible for her to fully express what only we can do individually. Sincerely, Alyne Kaplan Malia Cox Nobrega Crossroads Realty Ltd malia@crossroadsvail.com www.searchvailmls.com 970-476-4300 office 970-977-1041 cellular 970-479-9534 fax 4 j. . .. ~[EO~ ~20![E~ October 19, 2012 TOWN OF VAIL .•. ...• I request the PEC deny the Town's of Vail's request to amend the CUP. The current plan to move the 18th green and to expand the clubhouse to an event center capacity should not be allowed. The Town should develop the clubhouse within the existing footprint. The Town has failed to engage the golf course neighborhood and others concerned to effectively plan this project. I appreciate you consideration regarding these issues and the impact your decision will have for years to come. Respectfully, P+J~ Mr. Rufino Vigil Concerned Vail Golf Course Property Owner