Loading...
HomeMy WebLinkAbout2013-06-04 Agenda and Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., JUNE 4, 2013 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Participation (15 min.) PRESENTER(S): Public 2. ITEM/TOPIC: Consent Agenda: 1) Approval of May 7 and May 21 meeting minutes; 2) 2013 Curb/Gutter Repair Project Award; (5 min.) 3. ITEM/TOPIC: Town Manager Report: (5 min.) PRESENTER(S): Stan Zemler 4. ITEM/TOPIC: Appoint three members to the Local Licensing Authority (LLA) and one member to the Housing Authority (HA). (5 min.) PRESENTER(S): Pam Brandmeyer ACTION REQUESTED OF COUNCIL: The Council interviewed all interested parties at the work session and Council should appoint three members to the LLA for two year terms and one member to the HA for a five year term at the evening meeting. BACKGROUND: The Town received six letters of interest for the open positions on the LLA and HA as follows (incumbent board members are asterisked): LLA: Luca Bruno*; David McDougall; Ted Steers*; Amanda Zinn * HA: Craig Cohn; Kim Newbury* STAFF RECOMMENDATION: Please appoint three members to the LLA and one member to the HA at the evening meeting. 5. ITEM/TOPIC: A final review of an appeal of a Planning and Environmental Commission decision, pursuant to Section 12-3-3C, Appeal of Planning and Environmental Commission Decisions, Vail Town Code, appealing a decision by the Planning and Environmental Commission approving, with conditions, a development application for amendments to an existing conditional use permit for the Vail Golf Course, located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3 and Unplatted Parcels, and setting forth details 6/4/2013 in regard thereto. (120 mins.) PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: Uphold, Uphold with Modifications, or Overturn the Planning and Environmental Commission decision on the approval of a development application for amendments to an existing conditional use permit. (PEC120036) BACKGROUND: On April 22, 2013, the Town of Vail Planning and Environmental Commission approved a development application for amendments to an existing conditional use permit with conditions. (PEC120036) On May 10, 2013, an appeal of the Planning and Environmental Commission's decision was filed on behalf of several adjacent property owners in the golf course neighborhood. The appellants allege the Commission failed to make the necessary findings, the proposed use is not allowed by zoning, and that the golf course club house use is materially injurious to their properties. STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council upholds the Planning and Environmental Commission's decision. This recommendation is supported by the evidence and testimony presented over the course of the review process and the review of the criteria and findings made by the Planning and Environmental Commission on the development application. 6. ITEM/TOPIC: Adjournment (8:30 p.m.) 6/4/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 4, 2013 ITEM/TOPIC: Citizen Participation PRESENTER(S): Public 6/4/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 4, 2013 ITEM/TOPIC: Consent Agenda: 1) Approval of May 7 and May 21 meeting minutes; 2) 2013 Curb/Gutter Repair Project Award; ATTACHMENTS: May 7, 2013 Town Council Meeting Minutes May 21, 2013 Town Council Meeting Minutes 2013 Curb/Gutter Repair Project Memorandum 6/4/2013 Town Council Meeting Minutes of May 7, 2013 Page 1 Vail Town Council Meeting Minutes Tuesday, May 7, 2013 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz Kerry Donovan Kevin Foley Greg Moffet Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager _________________________________________________________________ The first item on the agenda was Citizen Participation. There was none. The second item on the agenda was the Consent Agenda. 1) Approval of April 2 and 16 meeting minutes. Foley moved, with a second from Moffet, to approve both sets of minutes as presented. A vote was taken and the motion passed unanimously, 7-0. 2) Simba Run Underpass Feasibility and Planning Environmental Linkage (PEL) Report Contract Award. Donovan said this was such a big part of the Ever Vail discussion and should be considered a shared public benefit as far as funding. She understood where it would land on the north side and was concerned how it would affect Timber Ridge. Town Engineer Tom Kassmel explained this would cover planning and environmental concerns and would address any impacts. When asked if this would also address the “cut and cover,” Kassmel said no. Foley reminded Council this was a funding split with Colorado Department of Revenue (CDOT) and moved to approve the contract award to Felsberg Holt and Ullevig (FHU) for an amount of $324,929.32, with a second from Kurz. A vote was taken and the motion passed unanimously, 7-0. The third item on the agenda was the Town Manager Report. There was none. The fourth item on the agenda was a public hearing to discuss the proposed 2013 Gerald R. Ford Park Master Plan. This public hearing is a continuation of the hearings previously held on March 19, April 2, and April 16, 2013, regarding master planning for Ford Park. George Ruther, Community Development Director, took a moment to introduce a new addition to the planning staff: Jonathan Spence, who is joining the town after an eight year planning career with Steamboat Springs. Ruther then opened the public hearing on the 2013 Gerald R. Ford Park Master plan. He noted Council has been very busy studying and reviewing this plan and has had three separate meetings since March. He reminded Council this plans reflects a compilation of master planning as far back at 1974, through additions in 1985, 1997 and 2012, in an attempt to create one singular document. Staff has boiled these plans down into goal statements and objectives, with the last chapter acting 6/4/2013 Town Council Meeting Minutes of May 7, 2013 Page 2 as an illustrative plan. Subareas are based on uses and should be complimentary. He quoted a recent e-mail comment to Council in which the writer said, “We love our parks to death,” and stated this remains a very, very draft approach. Consultant Tom Braun stated he would walk through the different elements and process. He said this is an overview of the proposed Master Plan and staff wanted to make sure they were on the right track. Donovan questioned whether this would proceed to the Planning and Environmental Commission (PEC), and Ruther responded it was noticed for the May 13 meeting, and based on tonight’s discussion, a decision would be made to proceed. Regardless of the evening’s results, he stated it would still be very helpful to keep the PEC up to speed. Donovan asked whether wordsmithing now was appropriate, to which Braun stated if a word could change the meaning, certainly state it. Ruther noted they had begun work on the new illustrative plan, which could perhaps be included as an appendix so it would not be as cumbersome. Ruther highlighted accomplishments from the four plans: 1974 defined possible park-like activities and structures, including solitude and natural settings being maintained; 1985 concluded an aquatic center would not be located in the park; 1997 focused on a management plan for existing uses; and the 2012 amendments included new improvements to existing facilities, including changes to the Amphitheater, new softball/athletic fields and the addition of an educational center. A lot of passion has been put into these documents over the years. Now is the time to establish clear expectations. Donovan suggested the riparian areas were too vaguely described as open space, unless open space were further defined to be natural habitat. Rogers questioned bullet point 5 under Part 3 – History of Ford Park and Previous Planning Efforts stating, in fact, there is an interest in major new projects for the park and some changes were contemplated in the 2012 amendments. Braun stated the 2012 plan goals, objectives and policies further refined the flow, consolidating a couple of added new items. In Goal #1, Rogers shared concerns about the difference between new structures and new uses and questioned whether Council was really saying no new structures for existing uses. Daly stated Goal # 1 is the defining goal for the park plan. Rogers asked if Council was being forward thinking enough not to include language that would allow for new facilities. Braun stated a “compelling public interest” was the trigger for adding new facilities, and that Council should focus on the goals and not on individually proposed projects. Moffet added the plan was setting broad lines. Ruther clarified public art is an allowed use in the park and administrative offices are allowed when there are uses relevant to the park. Donovan asked why prohibited uses were listed and Ruther responded Ford Park is zoned General Use, which includes those listed. So this inclusion adds clarity and specificity. Rogers stated Council knows changes will occur, so Council can make a change based on public purpose. Braun continued with Objective 1.2 stating these, in essence, reflect what can happen and where. Objective 1.3 was inserted to better protect the creek in its natural condition. Rogers asked to keep the area northwest of the art shack, the flat area, as a potential site for the sculpture garden. In discussing the schoolhouse, Donovan suggested returning it to its original state; Tjossem agreed this would preserve its integrity. Rogers said the Gardens are not an historical society. This does not fit into their mission. Four Councilmembers agreed to further discuss. Tjossem said its use should be discussed with the group that negotiated to have it moved from its original site. It serves as an historical artifact to be restored and protected. Donovan said to add some teeth and to raise it to a world class level. The original intent cannot be thrown out. Foley stated that also in that area, the defector parking on the east side should be removed entirely. Ruther suggested reviewing the 6/4/2013 Town Council Meeting Minutes of May 7, 2013 Page 3 original language that was accepted by Betty Ford Alpine Gardens (BFAG). Rogers said turning it into a museum was a whole different story. Braun introduced Goal #2, which is new, saying the intent is to provide a balanced mix of open space, facilities, uses and programs to meet the recreational, educational and cultural needs of residents and guests. Passive enjoyment of the natural areas and preservation of significant view corridors reinforce the Park’s connection to the natural environment. The intent is to separate active recreation subareas from other subareas. Support for the arts, music, dance and other cultural pursuits is maintained and enhanced, where appropriate. Discussion turned to Action Step 2.3.2 which spoke to a continuation of the boundary of the Park to Slifer Square. Ruther clarified this had been mislocated but was an attempt to expand the open space connection and to encourage uses that don’t create more parking need. Tjossem added Slifer Square didn’t really lend itself to park-like features. Rogers questioned restrictions at Roger Staub Park that might preclude placement of public art. Four raised hands were in agreement to discuss educational programming at the Nature Center. Rogers said three areas for the proposed BFAG educational center need to be discussed. Moffet responded the would narrow the scope and they were trying to provide broad parameters. Braun stated Goal # 3 deals with vehicular intrusions into the interior of the park. Ruther suggested revisiting the ’97 Management Plan to focus on the objectives. Tjossem said it should be even more restrictive and should strictly limit access on the west side. Daly said users should be responsible for transportation specific to their areas, rather than relying on public transportation. Rogers said any expansion would increase traffic appreciably. Braun said the intent was to keep vehicles where they belonged and to ensure there was “no-net loss” of existing parking. Donovan stated additional signs for clarity and ease of use were needed. As well, she said users should cost share in major capital improvements to the Frontage Road. Concerns about two way traffic and safety were discussed. Goal #4 ensures compatible relationships between all venues and all uses within the Park. The term Park Superintendent will be replaced by the Town Manager or his/her designee. No one user will dominate the Park. And the General Public will be added to the previous list of 4 users. Ruther stated berms and landscape buffers would continue to ensure good neighbors and stakeholders. Goal #5 addresses internal pedestrian circulation and pedestrian connections to the Village. Braun stated this was retained nearly verbatim. Goal # 6 addresses financial responsibilities among leaseholders. Braun stated nothing was touched and it came from the ’97 plan. Is this OK. Rogers pointed out not all users are created equally, since BFAG is the only stakeholder that does not have a revenue source. Todd Oppenheimer, Public Works, clarified utilities pay shares. Ruther stated the quality and functioning standards should be set by the town. Daly said new leases should be drawn up including cure and fault provisions. Tjossem questioned if a further discussion on whether tenants should own or lease their facilities, to which staff said they would follow up. Braun began to start a quick discussion of the Ford Park Subareas, but Daly stated this area of the plan would be tabled to a later meeting to allow for public comment. Dr. Thomas Steinberg, local resident, said the town continued to ignore the damage it had already done in the park. Zemler responded that he’d already ordered a report to assess what damage had been done to the hillside, as well as to Gore Creek. Steinberg said the park was purchased with 6/4/2013 Town Council Meeting Minutes of May 7, 2013 Page 4 RETT for open space purposes but the town continues to add buildings. Daly said RETT had been modified over the years and use had been expanded. Nicola Ripley, Executive Director of BFAG, shared concerns about the subareas and the possibility they might preclude improving pedestrian access to the creek in an environmentally appropriate manner. The school house should remain a very comfortable and welcoming environment since BFAG is keeping the building open to the public. It acts as a welcome center for the park. Anne Esson, Local resident, said she sees a red flag with Ford Park and if the building continues there will be no money left in RETT for open space purchases. She urged Council to use RETT for the right purposes. Gwen Scalpello, Vail citizen, said discussion sounds like Council does not want to see any changes in the park. She urged Council to return to the original goals and objectives and to keep activities relevant to the community. She said she works an average of 400-700 hours each summer so she hears the comments and knows what visitors to the park want. She urged further discussion regarding the school house. Jim Lamont, Vail Homeowner’s Association, reminded Council of some historical factors, including restoration of the art shack from ruin; restoration of the school house with its contents; and the Nature Center modification to be environmentally sound. He asked if Vail saw itself as nurturing the historical. He feels it is essential to preserve as many historical buildings as possible. The town should take financial responsibility for this. It creates both a public and community interest. Rogers said the subareas should be accurately defined to correspond to the actual current lease areas. There being no further public input on this topic, Donovan moved, with a second from Foley, to table the discussion of subareas to the May 21 Council meeting. A vote was taken and the motion passed unanimously, 7-0. The fifth item on the agenda was the first reading of Ordinance No. 21, Series of 2012, an ordinance for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to establish an allowable building height for golf course clubhouses within the outdoor recreation district, and to allow for amendments to Section 12-2-2, Definitions, Vail Town Code, to define the terms golf course and golf course clubhouse, and setting forth details in regard thereto. Daly read the title in full. Ruther introduced the ordinance, which dates back to the end of 2012, following a rigorous review by the Planning and Environmental Commission (PEC). The PEC held a public hearing on the proposed amendment on October 22 and November 12, 2012. On November 12, the PEC forwarded a recommendation of approval to the Vail Town Council for the proposed amendment by a vote of 5-0-2 (Pierce and Hopkins recused). Subsequent tabling’s have led Council to consideration of this ordinance on first reading tonight. Donovan stated approving this ordinance simply was helping the Council get its house in order and is not an approval of a specific project. Jim Lamont, Vail Homeowner’s Association, asked if it allowed for administrative offices of the Vail Recreation District(VRD) in case we have to find a new home for the VRD offices and was told that it did. Moffet moved to approve the motion on first reading, with a second from Rogers. He included the following findings from the PEC: 1) That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the town; and, 2) that the amendments further the general and specific purposes of the zoning regulations; and, 3) that the amendments promote the health, safety, morals and general 6/4/2013 Town Council Meeting Minutes of May 7, 2013 Page 5 welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. A vote was taken and motion carried unanimously, 7-0. Ruther restated the maximum height of the golf course clubhouse could not exceed 33 feet. The sixth item on the agenda was first reading of Ordinance No. 22, Series of 2012, an ordinance for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of 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. Daly read the title in full. In Ordinance No. 22, the applicant, the Town of Vail, is requesting a zone district boundary amendment to the Town of Vail Zoning Map to rezone the Vail Golf Course Parking lot located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3, from the General Use District (GU) to the Outdoor Recreation Zone District (OR). Moffet moved, with a second from Kurz, to approve the ordinance and included the following conditions as proposed by the PEC: 1) that the zone district boundary amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2) that the zone district boundary amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 3) That the zone district boundary amendment promotes the health, safety, morals and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Rogers said in Council’s considerations of the golf course, the Nordic operations, which occur seven months of the year, have been considerably downplayed. Rogers asked if the neighbors were in favor and was told they were. A vote was taken and the motion passed unanimously, 7-0. The seventh item on the agenda was first reading of Ordinance No. 7, Series of 2013, an ordinance repealing an reenacting Ordinance No. 17, Series of 1990, amending Special Development District No. 16 Elk Meadows, to relocate and reconfigure Lot 1, 2, and 3; adjust the gross residential floor area allowance for each lot, allow for off-site employee dwelling unit mitigation, and revise the architectural guidelines, in accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code, located 1624, 1626, 1628, 1630, and 1632 Buffehr Creek Road/Lots 1-5, Elk Meadows Subdivision, and setting forth details in regard thereto. Daly read the title in full. Tjossem recused herself and left the meeting. Ruther noted the purpose of this public hearing was to allow the applicant, Elk Meadows Development, LLC, represented by Sharon Cohn, to introduce four proposed amendments to the adopted Elk Meadows Special Development District (SDD) No. 16. Those amendments are : 1) relocation and reconfigurations of Lots 1,2 and 3; and, 2) revisions to the architectural guidelines; and 3) revisions to the on-site employee housing requirement; and 4) an increase in the allowable gross residential floor area (GRFA). He said the site had been staked and was visited earlier in the work session by the Council. Ruther referred to these changes as housekeeping measures. The new proposal would require the same things to which everyone else in town must comply. The employee housing will be deed restricted. Moffet requested a briefing about inclusionary zoning at the next meeting, which will be done off-line. Moffet moved to approve Ordinance No. 7, with a second from Rogers, with the following findings from the PEC: 1) that the SDD complies with the standards listed in subsection A of this section, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved; and 2) that the SDD is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the town; and 3) that the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4) that the SDD 6/4/2013 Town Council Meeting Minutes of May 7, 2013 Page 6 promotes the health, safety, morals and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Cohn stated they were very happy to be moving forward with this project and she considered herself and company stewards of the land. A vote was taken and the motion passed unanimously, 6-0. The eighth item on the agenda was Phase I Design Development Review of the Vail Wayfinding Project, including the Interstate, Off Ramps, Roundabouts, Frontage Roads and the Parking Structures. The Wayfinding Project is a Component of Town of Vail Guest Service Enhancement Initiative. Moffet moved, with seconds from Donovan and Foley, to table this item to the first part of the agenda on May 21. Zemler asked Council to let staff know beforehand if they have any specific concerns about the proposal. A vote was taken and the motion passed unanimously, 6-0. The ninth item on the agenda was Adjournment. There being no further business, Moffet moved, with a second from Donovan, to adjourn the meeting at 9:05 p.m. Respectfully Submitted, Attest: __________________________________ Andrew P. Daly, Mayor ___________________________________ Pam Brandmeyer, Assistant Town Manager 6/4/2013 Town Council Meeting Minutes of May 21, 2013 Page 1 Vail Town Council Meeting Minutes Tuesday, May 21, 2013 4:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz Kerry Donovan Kevin Foley Greg Moffet Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager _________________________________________________________________ The first item on the agenda was Phase I Development Review of the Vail Wayfinding Project, including the Interstate, Off Ramps, Roundabouts, Frontage Roads and the Parking Structures and introduced by Public Works Director Greg Hall. He also introduced the team members for Stantec/CommArts: Janet Martin and Dave Tweed. Hall explained every sign in both parking garages had been reviewed, including all roundabouts and the Frontage Roads. Art in Public Places (AIPP) had been involved, as had Colorado Department of Transportation (CDOT), since anything in CDOT right-of-way (ROW) had to be approved by that agency. An extensive process with both CDOT and the Federal Highway Administration (FHWA) had been completed. Definitions for signage had been agreed upon: East Vail, Vail Town Center and West Vail. Hall noted the sign package was now ready to engage in the detailed engineering drawings (construction documents) for CDOT and FHWA final approval. This package is in the form necessary to distribute to sign fabricators for those signs not needing CDOT and FHWA approval. The hard-working Advisory Group is an expansion of the 13 member panel used to assist with the Lionshead Welcome Center programming and includes representation by the Lionshead, Vail Village and West Vail business and lodging community, Vail Economic Advisory Council, Vail Local Marketing District Advisory Council, Vail Town Council, Vail Chamber and Business Association, Vail Homeowner’s Association and Vail Info Inc. Using the project principles adopted by the Town Council, the advisory group met three times to review and comment on the initial concepts. This package is a result of the professional recommendations and experience of CommArts/Stantec, CDOT/FHWA review and concurrence, and working with the support and collaboration of the town staff and Advisory Group participants. This plan now needs to move back into the CDOT process. Questions from Council centered on food and lodging highway signs, to which Hall responded the town could actually have them at all three exists but had put a policy in place years before to 6/4/2013 Town Council Meeting Minutes of May 21, 2013 Page 2 restrict them to West Vail only. In the category “Highway & Exits,” Council approved Parking/Visitor Information and Ski Museum signs, as an example. By way of explanation, Tweed stated the term Vail Town Center was meant to be inclusive of both Villages in Vail Village and Lionshead. Hall confirmed there was to be a cost-sharing with CDOT on this project. He also noted the town’s Variable Message Signs (VMS) were compliant with CDOT guidelines. When questioned, he stated the town would continue to work with the signs for the 2015 World Alpine Ski Championships. Tweed introduced the recommended color scheme: blue for Vail Village and red for Lionshead. These will be consistently used in both structures. In discussing use of the VMS, both Rogers and Donovan underscored the importance of having accurate, up-to-date information, stating leaving them empty was better than forecasting incorrect information. There will be only two new signs: the overhead signs coming off the interstate into the roundabouts. Donovan expressed concern about light intensity stating the town cannot contradict it own guidelines. Questions were asked if when lit, would these signs overwhelm the villages. Tjossem said she had concern as to whether the character of these signs matched the town’s villages. She said they looked too urban and should not be so severe. Daly reminded everyone their purpose was information. They are to be used as a tool. Moffet said they clearly stated, “You have arrived.” Hall stated we would be replacing all existing Frontage Road signs, with the overall intent of not driving traffic to Golden Peak. Donovan recommended deleting the word “Village” on Cascade Village, although Tjossem responded this area has a lift and skier parking and was a separate base area. She also voiced a concern about whether we might be setting expectations for other hotels. Tweed said this was an attempt to create parity. Zemler questioned what could be done to further clarify the “P” Parking sign on Village Chute, stating it needed to be changed to Paid Parking. In discussing both the Village and Lionshead parking garages, Tweed reiterated this plan strengthens previous good messages with more simple graphic symbols and icons and fewer words. The plan calls for spending less money on the inside of the structures. Both structures require a certain amount of clean up, but they would hang onto the critters and make more use of numerals. Larger exterior signs will denote important information, such as Vail Village P Parking with an arrow showing direction. It will also show the current number of interior spaces still available. Concerns were voiced about the Vail Village Garage Entry. It looks like a service entrance and will require a lot of clean up. Moffet asked to have technology installed to deter cars with roof mountain bikes from entering and taking out their bikes. The image for the Village Structure appears to look a little cluttered with the banner. The town is not selling an urban experience. Tweed stated the petroglyphs would remain in the Lionshead structure but using a different color scheme. He also stated advertising would take a back seat to wayfinding. A final suggestion for a good directory at every exit was expressed. As well, Daly was disappointed no concept for pre-paid parking had been included. Daly said messaging had to be welcoming and friendly. Daly then opened the discussion for public comment. 6/4/2013 Town Council Meeting Minutes of May 21, 2013 Page 3 Jim Lamont, Vail Homeowner’s Association, said he has consistently advocated for VMS messaging and that perhaps the town had been a little overzealous in regulating. It’s appropriate if it is in the realm of good public taste. The intent should remain to send “real time” information. With this Council unanimously agreed to send the package forward for final review of CDOT and FHWA. Staff and consultants were commended for an informative, but concise, presentation. Council then adjourned until 6:00 p.m. for dinner, re-opening the public hearing at that time. The second item on the agenda was Town Council break. The third item on the agenda was Citizen Participation. Jonathan Levine with Hummers of Vail expressed a very positive impression of this past winter’s legislated licensing for limos, taxis, etc. Working with Commander Harvey was very pleasant. He claimed enforcement had not occurred for the past four months and that the ordinance was not enforced across the board. Lamont commented on Moffet’s earlier remark about community building as a Council strategic goal. He also asked Council to consider videoing all community meetings of interest with a technique allowing the viewer to add comments. He said we need to serve the broader community. The fourth item on the agenda was Vail Youth Recognition Awards. Scott O’Connell with the Vail Youth Recognition Award Committee stated he and Peter Abuisi, Headmaster at Vail Mountain School (VMS) for over thirty years, and Jan Abbott, a counselor at Battle Mountain High School (BMHS), had been integral to this selection process. He introduced both recipients, Melissa Law from BMHS, and Hunter Bailey from VMS, and highlighted the many reasons they were afforded this honor. The fifth item on the agenda was the Town Manager Report. 1. Vail Village Information Center Remodel Recap. Foley said he believed Council should consider the Ski Museum’s offer to help out with a capital campaign. Daly said all facilities at the Village Structure needed to be updated. Tjossem agreed they do not seem to compliment each other. Zemler stated no money was currently budgeted beyond Phase I. Rogers was concerned the proposed bathrooms were taking too much space. Zemler said further improvements should be reviewed as a part of the overall Capital Projects budget. Moffet added he was not in favor of spending a lot of money on the structure until Council had addressed basic community needs. 2. Ford Park Parking Lot Slope Re-vegetation Memorandum. Zemler said the report show approximately $50-100,000 worth of work, mostly hand work. Crews have found good solid ground coverage. This should be reviewed again as a part of the Capital Projects budget. If work were to start now, some damage would still be evident as we approach July 4. The sixth item on the agenda was second reading of Ordinance No. 7, Series of 2013, an ordinance repealing an reenacting Ordinance No. 17, Series of 1990, amending Special Development District No. 16 Elk Meadows, to relocate and reconfigure Lot 1, 2, and 3; adjust the gross residential floor area allowance for each lot, allow for off-site employee dwelling unit mitigation, and revise the architectural guidelines, in accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code, located 1624, 1626, 1628, 1630, and 1632 Buffehr Creek Road/Lots 1-5, Elk Meadows Subdivision, and setting forth details in regard thereto. Andy Daly read the title in full. George Ruther introduced the item, as Susie Tjossem recused 6/4/2013 Town Council Meeting Minutes of May 21, 2013 Page 4 herself from the discussion. Ruther noted there had been no changes from first reading. Council had no questions and there was no public comment. Rogers moved to approve, with a second from Kurz. A vote was taken and the motion passed unanimously, 6-0-1 (Tjossem recused). The seventh item on the agenda was a public hearing to discuss the proposed 2013 Gerald R. Ford Park Master Plan. This public hearing is a continuation of the hearings previously held on March 19, April 2, April 16 and May 7, 2013, regarding master planning for Ford Park. Ruther introduced the item, stating this was the fifth public hearing Council had seen. He noted what the Master Plan sought to define was a flexibility for future growth and improvements; decision- making is still relevant; a stringent list of uses has been defined with subareas included to allow greater clarity; potential sites for the Betty Ford Alpine Gardens (BFAG) Education Center have been identified; historic sites which currently exist within the park are preserved to maintain their integrity and purpose; traffic and parking has been addressed; and existing park programs are defined. He then turned to the Draft Master Plan Update. More work is required on Goal #6 re: financial management of stakeholders to ensure a high quality and service level. Ruther inquired whether the potential locations for the BFAG Education Center be included. Is there a mutually agreeable location. Consultant Tom Braun said a key point to keep in mind is to continue to view this plan from a global level. The Master Plan will next go to the Planning and Environmental Commission (PEC), where much more community input will be received. The seven subareas on the upper and lower benches define how the park works, functions and is used, although they are not hard and fast boundaries. Moving to Subarea 1, Parking/Transit, the goal is to keep a separation of parking and vehicles from other areas of the park. The transit facility is a key component of the park in providing direct bus service to the town’s parking structures, which provide parking for “peak” demand days at the park. Daly stated he was opposed to building structured parking, although Tjossem noted the plan should not preclude this possibility. Donovan and Rogers voiced environmental concerns. Subarea 2, Active Recreation, defines active recreation, sports, tournaments and events at Ford Park. Tjossem said the plan should not preclude the use of the fields, as well, for outdoor concerts. Rogers questioned if the playground should be included and Moffet responded the playground was not structured and was for informal use. Subarea 3, Lower Commons, was called almost the epicenter of the park by Braun. This area defines sites for recreation for passive use and the quiet enjoyment of the park, buffers between uses, transitions to the natural Gore Creek corridor and contributes to maintaining the “open feeling” of the lower bench. The Children’s Playground footprint remains the same. The Open Turf Area is not “programed” with organized uses and activities. This area provides valuable space for picnics, rest, “informal” games and other passive recreation use. The turf area also provides an important buffer, or transition, from the more actively developed areas of the park and the Gore Creek Corridor. Rogers felt disallowing pop up tents for weddings were too prohibitive. Donovan noted large tents allow for an explosion of vehicles. Braun said a lot of what already goes on there will remain the status quo. Foley said he did not want to see any tents in the Commons Area at all. Kurz had a concern about the interface of construction and vehicles. Moffet said the use of tents should be infrequent and should be made inconvenient to producers. There should be no cars during any event. Rogers said we should allow small tents 6/4/2013 Town Council Meeting Minutes of May 21, 2013 Page 5 because it’s already being done now. Ruther said to concentrate on what uses would negatively affect overall park users. Donovan was concerned about Action step 2.3.1 and the term installations because the term implies permanence. She said Art in Public Places (AIPP) should be putting in temporary programs which should never occur in the open turf area, such as Steel Roots and The Singing Trees. All art work should be on the south side of West Betty Ford Way. Subarea 4, Amphitheater, was introduced and Braun said the boundaries had been drawn very tight. There should be no increases to vehicular trips and sound mitigation is being addressed. Daly noted the Ford Family tribute would be in the plaza area. Foley said some attention should be given to the southwest corner between the Amphitheater and BFAG to clean it up and improve it. Subarea 5, Alpine Gardens, was discussed, along with potential sites for the Education Center: Soccer Field Subarea; the Parking/Transit Subarea; and in the northern portion of the Alpine Gardens Subarea. All three locations must be evaluated against the Master Plan’s Goals and Objectives. Rogers suggested the southern-most two tennis courts would be an ideal site. Kurz noted replacing the tennis courts would be another matter entirely. Tjossem said staff should find and vet a location that meets all the goals. Zemler said this vetting would occur at the PEC level. Moffet wanted PEC involved now to help the town plan. Daly said the majority appear to want to include the three sites in the Master Plan. Ruther said if the plan goes to the PEC now, no time would be lost and that would allow progress concurrently. Tjossem noted that particular tennis court was the exhibition court. In discussion of Subarea 6, Gore Creek Preservation, Braun said the purpose was to keep it as natural as possible, with soft surface trails. Rogers said this was the highest level of preservation. Tjossem said including no new bridges was too restrictive in that we don’t know what will be needed into the future to preserve it, how it can be protected and restored. Donovan agreed to no new bridges. Tjossem agreed to no new buildings. Donovan and Foley did not want to see either new bridges or buildings. Kurz said a good swath of acreage should be retained and protected. Moffet felt consideration of new bridges was OK but no buildings. In Subarea 7, Soccer Field, Moffet noted this setting had to be one of the most incredible in the world with a view of the Gore Range. Although there was little discussion, Ruther noted staff would take a look at the bus turnaround on the east end of the field. Discussion turned to future improvements with Improvement #1, Gore Creek Corridor Enhancements which will be done all along the creek. Improvement #2, Entry Monumentation at park’s pedestrian entries, Braun noted the Master Plan should share common vocabulary in use with other town planning. As such, there is no sense of arrival. Improvement #3, BFAG Educational Center, Daly noted this should be a very low scale building, with perhaps one story and a lower level walk out. Tjossem asked who would vet the locations – the town or the applicant. Zemler said the staff would do an initial screening. On Improvement #5, Ford Amphitheater/Public Plaza, Foley suggested the new restrooms on the west side should be accessible by the public during non-event periods. Rogers asked that as much mature landscaping as possible be preserved, and Ruther said the maturing vegetation would be protected. There was minimal comment on the final improvements. Daly opened the discussion for public comment. 6/4/2013 Town Council Meeting Minutes of May 21, 2013 Page 6 Jim Lamont, Vail Homeowner’s Association, inquired about a roundabout on the South Frontage Road and said structured parking should not be ruled out. He also questioned the tennis center, which was built for the public, but was used almost entirely for offices. He said this site could be used as both a Welcome Center and an educational center. He said BFAG does not need offices in the park itself. He favors the addition of another bridge in the Nature Center area. Gwen Scalpello, BFAG Board of Directors, said in the Gore Creek Preservation Subarea, the mission was to preserve, enhance and educate. The Nature Center has suffered because of the “no changes” policy. She also asked Council to reconsider activities already on-going in the lower bench, such as weddings and BFAG programs. Liz Campbell, BFAG employee, said she hoped the minimal impact activities down by the stream should be allowed to continue. Jack Hunn, consultant for the Vail Valley Foundation, said the Master Plan language should allow for future Councils to make good decisions. Trees should be preserved, but where possible, transplanted. He noted the primary entrance would also be widened to allow better circulation and placement of the Ford Tribute. The Foundation shares the common concern for the sound mitigation. There being no further public comment, Ruther summed up by saying Goal #6 and others not thoroughly vetted, would be brought back to the Council for review. Daly noted under the Illustrative Plan that any improvement not depicted on this plan would have to meet the Master Plan goals and objectives. The eighth item on the agenda was the second reading of Ordinance No. 21, Series of 2012, an ordinance for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to establish an allowable building height for golf course clubhouses within the outdoor recreation district, and to allow for amendments to Section 12-2-2, Definitions, Vail Town Code, to define the terms golf course and golf course clubhouse, and setting forth details in regard thereto. Mayor Daly read the title in full. Ruther noted the only question was in regard to the definition of the Clubhouse, making it explicit enough to include both golf and the Nordic Center. The Golf Course is a defined use, while the Nordic Center is an accessory use. There were no changes from first reading. Moffet moved, with a second from Kurz, to approve as read, subject to the findings of the PEC and as included in first reading on May 7. Daly opened the meeting to public comment. Art Abplanalp, attorney for eight homeowner’s on Sunburst Drive, said it was critical to note that when PEC reviewed the project, it was only dealing with building height. There was never any mention of definitions. He said the town has a problem with its public process and has not complied with its own code. The town made a commitment to the Pulis family 30 years ago. Lamont said public transparency had been abandoned. Daly said Lamont’s comments were not germane to this discussion. Matt Mire, Town Attorney, stated this was not a quasi-judicial decision. Ruther said the definitions were included because in order to honor the building height and more effectively implement, definitions must be provided. It would be difficult to implement without the definitions. The town’s zoning code does not include a definition of a golf course clubhouse. Daly suggested sending it back to the PEC. Mire said he was completely fine with George’s explanation and recommendation. Rogers agreed it should be sent back to the PEC and didn’t 6/4/2013 Town Council Meeting Minutes of May 21, 2013 Page 7 see any harm in doing so. Moffet said Council has advertised and adequately posted notice of the ordinance. There is no reason to delay it any longer. Daly agreed. Moffet said the PEC does not draft ordinances or set policy. Council does. Daly and Rogers said they would be voting against the motion. A vote was taken and the motion passed 4-3, Tjossem, Daly and Rogers opposed. Abplanalp was allowed to re-approach the podium. He stated no notice had been given to the public; this language was developed after the PEC made its findings; and this second reading is the public hearing and the public should respond at second reading. Debra Webster, property owner on Sunburst, made objections to the language, “customarily incidental and accessory to a golf course.” Tjossem said public comment comes to the Council but she suggested as a compromise to table the item to the June 4 evening session, although she felt Council had correctly followed the procedure. The ninth item was second reading of Ordinance No. 22, Series of 2012, an ordinance for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of 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. Mayor Daly read the title in full. Moffet moved to approve, subject to the findings from the May 7 memorandum, with a second from Kurz. A vote was taken and the motion passed unanimously, 7-0. The tenth item on the agenda was Adjournment. There being no further business, Moffet moved, with a second from Foley, to adjourn the meeting. A vote was taken and the motion passed unanimously, 7-0, at 9:50 p.m. Respectfully Submitted, Attest: __________________________________ Andrew P. Daly, Mayor ___________________________________ Pam Brandmeyer, Assistant Town Manager 6/4/2013 To: Town Council From: Public Works Date: 5/23/13 Subject: 2013 Curb/Gutter Repair Project Award I. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with Betone, LLC to complete the 2013 Curb/Gutter Repair project. II. BACKGROUND RATIONALE Staff received 4 bids for the 2013 Curb/Gutter Repair project with Betone, LLC the low bidder. The project consists of removal and replacement of damaged curb and gutter at the Main Vail Roundabouts. The project is scheduled to begin June 10th and be completed by June 28th, 2013. This project is funded from the Capital Street Maintenance budget. III. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement with Betone, LLC to complete the 2013 Curb/Gutter Repair project in the amount not to exceed $67,538.25. 6/4/2013 Law Office of ARTHUR A. ABPLANALP, JR. L.L.C . www.abplanalplawoffice.com Art@AbplanalpLawOffice.com Vail Valle y Fort CollinsSuite 310 Suite 260Warner Pr ofessional Building 2 Historic Miller BlockPost Office Box 2800 11 Old Town SquareVail, Colorado 81658-2800 Fort Collins, Colorado 80524 Telephone: 970 .476.6500 Telephone: 970 .482.6900 Telecopier: 970.476.4765 Telecopier : 970.482.6905 To: Town Council of the Town of Vail From: Arthur A. Abplanalp, Jr. Re: Designated Event Space Within Golf Course Clubhouses in Eagle County Dated: 04 June 2013 Members of the Council: As the Council is aware, I, together with the law finn of Holland and Hart, represent the appellants in the appeal of the Vail Planning and Environmental Commission decision purporting to amend the conditional use pennit of the Vail Golf Course clubhouse in a way which would effectively permit the conversion of that facility and the area around it from a golf clubhouse to an event center. In response to the suggestion which has been offered by the Town of Vail and its planning advisors that the existence of designated and dedicated event, meeting or banquet space is in any way "accessory ", "customarily incidental" or "necessary" to a golf course function, as required by the Vail Municipal Code for the conditional use which is proposed in the pending proceeding, I am submitting the following: (a) a specific inventory of any space in golf course clubhouses in proximity to the clubhouses of each golf course in Eagle County; and (b) a copy of the Town's inventory of facilities at golf courses within Eagle County, which was part of a powerpoint presentation of the Town at a recent meeting of the Planning and Environmental Commission of the Town of Vail. Although the Town's study was related to "Valley-wide Parking ", the analysis identifies "Additional Facilities " at each golf course in Eagle County , both public and private. Both my research and the research of the Town of Vail establish that there is no golf course facility in Eagle County which has a designated and dedicated event, meeting or banquet space as part of such a facility. In fact, the only golf course which the Town of Vail suggests has meeting space is the Vail Golf Course, and we know that any such space at the Vail golf course is extremely limited and effectively part of the restaurant operation . The evidence which was both presented to the Town and created by the Town conclusively establishes that the proposed conversion of the Vail Golf Course clubhouse to an event center, whether accurately referred to by that name or characterized in any other manner, does not qualifY as a use which is "accessory", "customarily incidental" or "necessary" to a golf course function. The decision of the Planning and Environment Commission decision purporting to authorize the conversion of the Vail Golf Course clubhouse and the area around it to an event center is not simply an error of discretion, but rather an error which is not permitted by the applicable provisions of the Vail Municipal Code. Reversal of that decision by this Council is warranted. Inventory of designated banquet/event space apart from convertible restaurant space 'th' If I bh 'E I C ty ( t t t)WI mgo course c u ouses m ag e oun eas owes Golf Course Designated banquet/event space apart from convertible restaurant space and commentary Source of information Vail none personal observation Eagle-Vail none -separate pavilion for events apart from golf course and residences personal observation Beaver Creek none Beaver Creek staff member Arrowhead none personal observation and recollection Singletree/SoIU1enalp none -separate pavilion for events apart from golf course and residences personal observation Cordillera Valley Course none Club member and golfer Cordillera Mountain Course none Club member and golfer Eagle Springs none Adam @ Eagle Spring golf course Red Sky none -exterior patio sometimes used as part of restaurant for events Marsha @ Red Sky golf course Eagle Ranch none -separate facility for events apart from golf course and residences personal observation Adam's Rib-none -restaurant has room sometimes used for events Kerry/Joe @ Adam's Rib golf course Gypsum Creek none -basement space may be converted for hosting tournaments/small events Gypsum Town manager Valle~-wide Parking Course Additional Facilities Eagle Ranch 151 Eagle Vail 120 Gypsum Creek 115 swimming pool, restaurant Adams Rib 123 swimming pool, restaurant Cordillera Valley Club 95 swimming pool, restaurant The Course at Cordillera 78 Cordillera Summit Course 75 Red Sky Ranch (Lower) 96 Red Sky Ranch (Upper) 86 swimming pool, tennis Eagle Springs 84 Arrowhead Golf Club 50* restaurant, tennis facility Vail Golf Club 112 ' meeting space, restaurant Eagle County Average 103 excluding Arrowhead Vail PEe f.:II . '.. RAUNVail Golf Course Club House Project ~ ~'§"('~" I'I l( £<'" I"" ZEHRENTOWNaF~ ~~~:.e!~';'!~ VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 4, 2013 ITEM/TOPIC: Town Manager Report: PRESENTER(S): Stan Zemler 6/4/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 4, 2013 ITEM/TOPIC: Appoint three members to the Local Licensing Authority (LLA) and one member to the Housing Authority (HA). PRESENTER(S): Pam Brandmeyer ACTION REQUESTED OF COUNCIL: The Council interviewed all interested parties at the work session and Council should appoint three members to the LLA for two year terms and one member to the HA for a five year term at the evening meeting. BACKGROUND: The Town received six letters of interest for the open positions on the LLA and HA as follows (incumbent board members are asterisked): LLA: Luca Bruno*; David McDougall; Ted Steers*; Amanda Zinn * HA: Craig Cohn; Kim Newbury* STAFF RECOMMENDATION: Please appoint three members to the LLA and one member to the HA at the evening meeting. 6/4/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 4, 2013 ITEM/TOPIC: A final review of an appeal of a Planning and Environmental Commission decision, pursuant to Section 12-3-3C, Appeal of Planning and Environmental Commission Decisions, Vail Town Code, appealing a decision by the Planning and Environmental Commission approving, with conditions, a development application for amendments to an existing conditional use permit for the Vail Golf Course, located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3 and Unplatted Parcels, and setting forth details in regard thereto. PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: Uphold, Uphold with Modifications, or Overturn the Planning and Environmental Commission decision on the approval of a development application for amendments to an existing conditional use permit. (PEC120036) BACKGROUND: On April 22, 2013, the Town of Vail Planning and Environmental Commission approved a development application for amendments to an existing conditional use permit with conditions. (PEC120036) On May 10, 2013, an appeal of the Planning and Environmental Commission's decision was filed on behalf of several adjacent property owners in the golf course neighborhood. The appellants allege the Commission failed to make the necessary findings, the proposed use is not allowed by zoning, and that the golf course club house use is materially injurious to their properties. STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council upholds the Planning and Environmental Commission's decision. This recommendation is supported by the evidence and testimony presented over the course of the review process and the review of the criteria and findings made by the Planning and Environmental Commission on the development application. ATTACHMENTS: Vail Golf Course House Appeal Memorandum and Supporting Documents October 22, 2012 PEC120036 Memorandum October 22, 2012 PEC Meeting Results November 12, 2012 PEC120036 PEC120037 PEC120039 Memorandum November 12, 2012 PEC Meeting Results January 14, 2013 PEC120036 Memorandum January 14, 2013 PEC Meeting Results April 22, 2013 PEC120036 Memorandum April 22, 2013 PEC Meeting Results 6/4/2013 1 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: June 4, 2013 SUBJECT: A final review of an appeal of a Planning and Environmental Commission decision, pursuant to Section 12-3-3C, Appeal of Planning and Environmental Commission Decisions, Vail Town Code, appealing a decision by the Planning and Environmental Commission approving, with conditions, a development application for amendments to an existing conditional use permit for the Vail Golf Course, located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3 and Unplatted Parcels, and setting forth details in regard thereto. Appellants: R. Glenn Hilliard, Deborah Webster, Olson Family 2012 Trust, Starfire Company, LTD., 1835 Sunburst Drive, LLC., Richard J. Callahan and Mary Celeste Callahan, Samuel and Luleta Maslak, Landon Hilliard, III. Planner: George Ruther ______________________________________________________________________ I. SUBJECT PROPERTY The Vail Golf Course CUP Area, is located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3 and Unplatted Parcels, in Vail, Colorado. II. VAIL TOWN COUNCIL JURISDICTION Pursuant to Section 12 -3-3C-1, Appeal of Planning and Environmental Commission Decisions; Authority, Vail Town Code, the town council shall have the authority to hear and decide appeals from any decision, determination or interpretation by any the planning and environmental commission with respect to the provisions of the Title 12, Zoning Regulations, Vail Town Code. III. PROCEDURAL CRITERIA FOR APPEALS Pursuant to Sections 12-3-3C-2 and 12-3-3C-3, Appeal of Planning and Environmental Commission Decisions; Initiation and Procedures, Vail Town Code, there are three basic procedural criteria for an appeal: A) standing of the appellant; B) adequacy of the notice of appeal; and C) timeliness of the notice of appeal. 6/4/2013 2 A) Standing of the Appellants The Community Development Department has determined that the appellants 1835 Sunburst Drive LLC, Richard J. and Mary Celeste Callahan, Samuel and Luleta Maslak and Landon Hilliard, III lack standing in this matter both as adjacent property owners and as aggrieved or adversely affected persons, and further, that the appellants Olson Family 2012 Trust, R. Glenn Hilliard, Starfire Company, LTD, and Deborah H. Webster maintain standing as adjacent property owners but lack standing as aggrieved or adversely affected persons. The appellants’ representative submitted a letter “Explanation of How Appellants are Aggrieved or Adversely Affected” date stamped May 10, 2013. Upon review of the letter, staff has determined that none of the appellants are aggrieved or adversely affected by the approval of the amendments to the existing conditional use permit for the golf course clubhouse. Staff’s determination is based upon the following considerations: 1. The uses proposed by the applicant are consistent with the purposes of the zone district and achieve the development objectives of the Town. 2. An Operations Plan was required by the Planning and Environmental Commission and town staff, in addition to the already established regulations for noise and lighting. In all instances, the Operations Plan is more restrictive than current regulations, thus affording the appellants greater protections than those afforded to other property owners elsewhere in Town. 3. A review of the Town of Vail Police records does not support the appellants’ claims of lack of enforcement. 4. Temporary tents are an allowed use in the zone district today and regulated by the Zoning Regulations of the Town of Vail. The Operations Plan again affords the appellants greater protections than those afforded to other property owners elsewhere in Town. 5. The reconfiguration of the existing driving range net is not relevant to the conditional use permit approval granted by the Planning and Environmental Commission. The justifications for its reconfiguration, if pursued, are not directly related the approval granted. 6. The appellants have provided no competent evidence to support any claims of lack of buffer to protect residences. Setback requirements have been imposed to ensure an adequate separation amongst land uses exist. This allegation adverse affect is unfounded. 7. The Outdoor Recreation zone district, as most recently expanded with the neighbor’s input, provides a significant amount of certainty regarding the use of the property. At a minimum, the appellants are no more aggrieved or adversely affected, if at all, by zoning than any other property owner in Town. 8. The appellants have provided no competent evidence to support any claims of parking congestion and safety. To the contrary, the applicant has proposed, and the Planning and Environmental Commission has approved, a parking plan which fully complies with the provisions of the Zoning Regulations of the Town of Vail. The applicant, at the request of 6/4/2013 3 the appellants and others, amended the parking plan to remove vehicle parking from Sunburst Drive. This is a limitation not imposed upon any other property owner in the vicinity. 9. The appellants’ claims that emergency vehicle access will be compromised due to parking on Sunburst Drive and lack of law enforcement are clearly intended to sensationalize the issue and provide distraction to the process. Such claims are inaccurate and purposefully false as the appellants have been repeatedly informed that parking is not permitted on Sunburst Drive. 10. The appellants have been actively engaged in the development review process associated with the development application prior to its inception. Much of the input and feedback provided by the appellants has been incorporated into the final approval and conditions. B) Adequacy of the Notice of the Appeal An Appeals Form was filed on b ehalf of the appellants, by Holland & Hart, LLP. The Appeals Form and the materials required for its submission have been determined to be complete by the Community Development Department. A copy of the Public Notice of the Vail Town Council, June 4, 2013, Public Hearing was sent to adjacent property owners, pursuant to Section 12-3-3(C)(3), Procedures, Vail Town Code. C) Timeliness of the Notice of Appeal The Administrative Section of the Town’s Zoning Code (12-3-3C-3, Procedures) states the following: “A written notice of appeal must be filed with the administrator within twenty (20) calendar days of the planning and environmental commission's decision or the design review board's decision or the art in public places board's decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or a town observed holiday, the last day for filing an appeal shall be extended to the next business day. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by the town. The filing of such notice of appeal will require the planning and environmental commission or the design review board or the art in public places board to forward to the town council at the next regularly scheduled meeting a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall be satisfied by notifying the managing agent or the board of directors of the condominium association) at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the town council on the appeal within forty (40) calendar 6/4/2013 4 days of the appeal being filed. The town council may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this chapter to appeal any interpretation or determination made by the planning and environmental commission or the design review board or the art in public places board.” An Appeals Form was filed with the Community Development Department within the twenty (20) day requirement. A hearing was scheduled to be heard before the town council on the appeal within forty (40) calendar days of the appeal being filed. IV. NATURE OF THE APPEAL On May 10, 2013, an appeals form was submitted to the Community Development Department, on behalf of the appellants, by Holland & Hart, LLP. The appellants are appealing the final decisions of the Town of Vail Planning and Environmental Commission of April 22, 2013, with respect to development review application PEC120036. A complete copy of the appeals form, date stamped May 10, 2013, has been attached for reference. The appellants allege the following: 1) “the proposed location of the use will be detrimental to the public health, safety, or welfare”. 2) “the Town’s plan most definitely will be materially injurious to the properties in the vicinity of the event center”. 3) “what the Town is proposing is neither customary nor incidental”. “In sum, the PEC approved amendments to the CUP without making the proper findings, and the proposed event center fails to satisfy either of the two tests for a conditional use as an accessory building for use in the Outdoor Recreation zone district.” V. REQUIRED ACTION To Uphold/Overturn/Modify the PEC decision. Section 12-3C-5, Findings: “The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Title have or have not been met.” 6/4/2013 5 VI. STAFF RECOMMENDATION The Community Development Department recommends the Vail Town Council upholds the decision of the Planning and Environmental Commission of April 22, 2013, which approved, with conditions, a development application for amendments to an existing conditional use permit for the Vail Golf Course, located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3 and Unplatted Parcels, and setting forth details in regard thereto. (PEC120036) In accordance with the information presented in this memorandum, and the exhibits attached hereto, staff recommends that Vail Town Council makes the following finding of facts based upon the evidence and testimony presented: • The Vail Golf Course is located at 1775 Sunburst Drive in Vail, Colorado, and zoned Outdoor Recreation (OR) according to the Official Zoning Map of the Town of Vail. • A golf course is a permitted use in the Outdoor Recreation zone district. • A golf course club house is an accessory use to a golf course and customary, incidental and necessary to the operation thereof. • A golf course club house is therefore allowed in the Outdoor Recreation zone district, subject to the issuance of a conditional use permit. • A golf course club house is defined in Section 12-2-2 of the Zoning Regulations of the Town of Vail. • The appellants’ continued representation of the golf course club house as an “event center” is false, inaccurate and misleading. For the purposes of the conditional use permit request, the applicant was not proposing an “events center”. • An Operations Plan (amended) was approved by the Planning and Environmental Commission as a condition of the conditional use permit. The Operations Plan addresses such matters as hours of operation, noise levels, parking on Sunburst Drive, temporary tent locations, valet parking, banquet room occupancy, use of the 18th green, neighbor relations, lighting, golf cart access and flow, etc. The existence of the Operations Plan further ensures that the proposed is both compatible and consistent with the surrounding land uses and the development objectives of the Town of Vail. The Operations Plan, as approved, sufficiently mitigates all adverse affects alleged by the appellants. • Prior to the Planning and Environmental Commission’s approval on April 22, 2103 no operations plan existed for the “conditional use permit area”. • Competent evidence was presented to the Planning and Environmental Commission and thoroughly evaluated with regard to the vehicle trips generated by the existing and proposed uses. As a result, the Commission correctly determined that Sunburst Drive is designed to adequately accommodate any increases in vehicle trips generated (+/-2%) by the proposed use without placing users on 6/4/2013 6 Sunburst Drive in increased danger or exceeding the capacity of the street. • According to the minutes of the April 22, 2013, public hearing, the Planning and Environmental Commission considered whether the proposed use would be materially injurious to the properties in the vicinity. The Commission correctly determined that the proposed use would not be materially injurious as alleged by the appellants. • For zoning purposes, the golf course clubhouse is an accessory use or building as it has been determined to the satisfaction of the Planning and Environmental Commission and the Town Council that the clubhouse building, and the subsequent use of the clubhouse, is both customarily incidental and accessory to the operation of the golf course and Nordic center and necessary for the operation thereof. • The Planning and Environmental Commission adequately reviewed the criteria and made the necessary findings when it passed a motion (4-0-2) approving the request for an amendment to an existing conditional use permit, with amended conditions, pursuant to the staff memorandum dated, April 22, 2013 with the findings listed on page 24 of the staff memorandum. Specifically, the findings made by the Commission stated, “Based upon the review of the criteria outlined in Sections VIII of the Staff memorandum to the Planning and Environmental Commission dated April 22, 2013, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The amended conditional use permit is in accordance with the purposes of the Zoning Regulations and the Outdoor Recreation District; 2. The proposed conditional use permit and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and, 3. The proposed conditional use permit complies with the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code. ‘ VII. EXHIBITS The exhibits outlined below have been attached to the memorandum for the purposes of making a determination on the appeal. These exhibits help establish the public record of the development review process and the proceedings to date. The information provided within the exhibits may be used by staff and the appellant, as needed, during the course of the appeals proceedings. A complete paper copy of the exhibits will be available for inspection at the public hearing. A. Appeals Form, date stamped May 10, 2013. B. Nature of Appeal Letter, date stamped May 10, 2013. 6/4/2013 7 C. Explanation of How Appellants Are Aggrieved or Adversely Affected Letter, date stamped May 10, 2013. D. Appellants’ Objection To The Administrator’s Determination of Standing Letter, date stamped May 28, 2013. E. PEC Memorandum and Minutes, dated April 22, 2013. F. PEC Memorandum and Minutes, dated January 14, 2013. G. PEC Memorandum and Minutes, dated November 12, 2012. H. PEC Memorandum and Minutes, dated October 22, 2102. 6/4/2013 TOWN OF~ MAY 1 o 2013 Department of Community Development 75 South Frontage Road Vail, CO 81657 Tel: 970-479-2128 www.vailgov.com Development Review Coordinator General Information: I uC.-soA.'i '!u&.U:: .c.(*' This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental ' Commission action/decision. A complete form and associated requirements must be submitted to the Community Development Department within twenty (20) calendar days of the disputed action/decision. Action/Decision being appealed: The Planning and Environmental Commission's April 22, 2013 approval with conditions of the Town of Vail's application for an "Amendment to existing Vail Golf Course CUP to redevelop clubhouse building." PEC120036, Project No. PRJ12-0156. Date of Action/Decision: April22, 2013 ------------------------------------------------------------- Board or Staff person rendering action/decision: Planning and Environmental Commission Does this appeal involve a specific parcel of land? ( .f ) yes ) no If yes, are you an adjacent property owner? ( .f ) yes ) no Name of Appellant(s): see attached list of Appellants. Mailing Address: c/o Christopher H. Toll, 6380 S. Fiddler's Green Circle, Greenwood Village, CO, 80111 Phone: 303-290-1637 ----------------------------------------- Physical Address in Vail: 1775 Sunburst Drive, Vail, CO Legal Description of Appellant(s) Property in Vail: Lot Block ______ Subdivision: See attached sheet. Appellant(s) Signature(s): V"" f:> ~::~ l \~ Of12 tAttT)~ck>r..O :::brat= r5. (Attach a list of signatures if more space is req1Jirdd( r Submittal Requirements: 1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or ad- versely affected person". 2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. 3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of property who are the subject of the appeal and all adjacent property owners (including owners whose properties are separated from the subject property by a right-of-way, stream, or other intervening barrier). 4. Provide stamped, addressed envelopes for each property owner listed in (3.). PLEASE SUBMIT THIS FORM AND ALL SUBMITIAL REQUIREMENTS TO: TOWN OF VAIL, DEPARTMENT OF COMMUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657. For Office Use Only: Cash CC: Visa I MC Last 4 CC # _____ Exp. Date: Auth # _____ Check# _______ _ Fee Pai~ Received From: _____________________ _ Meeting Date: ~ :3 DAB No.:------------------ Planner: 8. "f( ~ Projec' No:----------------- Zoning: Land L ;e: ---------------- Location of the Proposal: Lot: ___ Block: ___ Subdi\ sion: _________________ _ 01-0ct-11 6/4/2013 HOLLAND& HART~ -J Christopher H. Toll, P.C. Phone 303-290-1637 Fax 303-975-5300 CTolf@holfandhart.mm May8, 2013 George Ruther Director of Community Development 75 South Frontage Road Vail, CO 81657 CC: Kendra L. Carberry, Esq. Hayes, Phillips, Hoffinann & Carberry, P.C. 1530 16th Street, Suite 200 Denver, CO 80202 Matt Mire 75 South Frontage Road Vail, CO 81657 ~~©~OW~~'~ ~ MAY 1 o 2013 ~ TOWN OF VAIL Re: List of Appellants, with signatures, of PEC's April22, 2013 Approval of the Town of Vail's Application for an Amendment to the Existing Conditional Use Permit to Redevelop the Vail Golf Course Clubhouse Building. PEC120036, Project No. PRJ12-0156. The following individuals are appealing the Planning and Environmental Commission's approval on April22, 2013 of the Town ofVail's application for an amendment to the conditional use permit relating to the Vail Golf Course clubhouse: I. R. Glenn Hilliard Legal Description of Property: Lot 2, Unit A, Vail Valley 3rd Filing Physical Address: 1801-A Sunburst Drive, Vail, Colorado Mailing Address: 1355 Peachtree Street #640; Atlanta, Georgia 30309 Telephone Numbe . 0 . 835 Signature: -~:.l,p~-=:~~~~~::..!:'l~~"'-f' 2. Deborah Webster Legal Description of Property: Lot 4, Vail Valley 3rd Filing Physical Address: 1825 Sunburst Drive, Vail, Colorado Mailing Address: 4321 East Lake Creek Road; Edwards, CO 81632 Telephone Number: 970.476.4500 Signature:----------- Holland a Hart UP Attorneys ilt Law Phone (303)290-1600 Fax (303)290-1606 -.h0118ndMrt.a1111 6380 S. Fiddlers Green Clrcle Suite 500 Greenwood VIllage, CO 80111 Aspen M>gs Boise Boulder ear.on City O!eyenne c-Splng• Denver Denver Tech c.na.-Jadllon Hole Las vouas R8lo Silt 1.a11e City San1a Fe Washingllln, o.c. 6/4/2013 l Christopher H. Toll, P.C. Phone 303-290-1637 Fax 303-975-5300 CToll ®hollandhart. com May 8, 2013 Grorge Ruthe" Dire:tor of Comrrunity Devaopmalt 75 South Front~ Roa:i Veil, CO 81657 CC: Kmdra L. Ca"ba"ry, Es:l. Hayes, Ali IIi~ Hoffmcm & Ca"ba"ry, P.C. 1530 16th Street, &lite 200 D61Ver, CO 80202 Mctt Mire 75 South Front~ Roa:t Veil, CO 81657 ~ ~©~~\W~r\ , ~ MAY 1 0 2013 ~ UL u TOWN OF VAIL Re: List of Appal ants, with signatures, of PEC'sApril 22, 2013 Approval of the Town of Vail'sApplication for an Ama1dma1t to the Existing Conditional Us::Pa-mit to RedevaoptheVail Golf Cours::Ciubhous::Building. PEC120036, Proje:t No. PRJ 12-0156. The following individuasae~ing theAcming a1d Environma11:a Commission'sw-ova on Apri 1 22, 2013 of the Town of v a 1 's ~ icai on for m aTIEJldrnerrt to the oonditiona us:: permit racting to the Veil Golf Cours::dubtlc:>t.J93: 1. R. Gla1n Hilliad L~ De:cription of Property: Lot 2, Unit A, Veil Valey 3rd Rling Alysica Address: 1801-A &Jnburst Drive, Val, Colora:to M a I i ng Address: 1355 PeEchtree Street #640; A tl alta, Ga:>rgi a 30309 T a ephone Number: 404.350.8835 Signcture: _________ _ 2. Deborctl Wfbster L~ De:cription of Property: Lot 4, Veil Valley 3rd A ling Alysica Address: 1825 &Jnburst Drive, Val, Colora:to Mciling Address: 4321 Ea:;t La<eCreek Roa:i; Edwcrds, CO 81632 Taephone Nu~970.476.4500. / Signcture: 4~ -LZ:: ~~z:::-: Holland & Hart UP Attorneys at law (303)290-1600 : • (303)290-1606 www .hollandhart oom 6380 S ,_s GeiY! On:le Sllte 500 GeerMood Wlage <Xl 80111 --..--c.-Oty a.,..nno~ ~ o..n-o.r-T""' cmr..-.-. .-IJIIS 11ogao-Sol'--Oly Sonia Fe~ o c 6/4/2013 HOLLAND&HART_ 'J Christopher H. Toll, P.C. Phone 303-290-1637 Fax 303-975-5300 CToll@hollandhart.com May 9, 2013 George Ruther Director of Community Development 75 South Frontage Road Vail, CO 81657 CC: Kendra L. Carberry, Esq. Hayes, Phillips, Hoffmann & Carberry, P.C. 1530 16th Street, Suite 200 Denver, CO 80202 Matt Mire 75 South Frontage Road Vail, CO 81657 MAY 1 o 2013 TOWN OF VAIL Re: List of Appellants, with signatures, of PEC's April 22, 2013 Approval of the Town of Vail's Application for an Amendment to the Existing Conditional Use Permit to Redevelop the Vail Golf Course Clubhouse Building. PEC120036, Project No. PRJ12-0156. The following individuals are appealing the Planning and Environmental Commission's approval on April 22, 2013 of the Town of Vail's application for an amendment to the conditional use permit relating to the Vail Golf Course clubhouse: 1. R. Glenn Hilliard Legal Description of Property: Lot 2, Unit A, Vail Valley 3rd Filing Physical Address: 1801-A Sunburst Drive, Vail, Colorado Mailing Address: 1355 Peachtree Street #640; Atlanta, Georgia 30309 Telephone Number: 404.350.8835 Signature: __________ _ 2. Deborah Webster Legal Description of Property: Lot 4, Vail Valley 3rd Filing Physical Address: 1825 Sunburst Drive, Vail, Colorado Mailing Address: 4321 East Lake Creek Road; Edwards, CO 81632 Telephone Number: 970.476.4500 Signature: __________ _ Phone (303)290-1600 Fax (303)290-1606 aaa ~ 1111•1~ 6380 s. Fiddlers Green Orde Suite 500 Greenwood Village, co 80111 Aspen Billngs Boise Boulder Cltson City Cheyenne Colorado Springs DonYer DonYer Tech center .lockson Hole Los Vegas Reno Sak laloe City Santa Fe WIShingtx>n, D.C. 6/4/2013 HOLLAND&HART'" 111111111 List of Appellants May 9, 2013 Page 2 3. Olson Family 2012 Trust. Legal Description of Property: a tract lying south of Lot 3, Sunburst Filing 3, west of Lot 2, Vail Valley 3rd Filing, and northeasterly of Sunburst Drive Physical Address: 1785 Sunburst Drive, Vail, Colorado Mailing Address: 4 Berthe Circle; Colorado Springs, CO 80906-3161 ~~~e~'tr-'~·6129 Christoplier H. Toll 4. Starfire Company, Ltd. Legal Description of Property: Lot 3, Vail Valley 3rd Filing Physical Address: 1815 Sunburst Drive, Vail, Colorado Mailing Address: CM Management; Post Office Box 1670; Vail, CO 81658-1670 ~~~ep~&"{W22.388.000 Christop er H. Toll 5. 1835 Sunburst Drive, LLC Legal Description of Property: Lot 5, Vail Valley 3rd Filing Physical Address: 1835 Sunburst Drive, Vail, Colorado Mailing Address: 5675 DTC Boulevard; Greenwood Village, CO 80111-3216 ~~~e~z~41.0100 Christopher H. Toll 6. Richard J. Callahan and Mary Celeste Callahan 7. Legal Description of Property: Lot 7, Vail Valley 3rd Filing Physical Address: 1875 Sunburst Drive, Vail, Colorado Mailing Address: 190 High Street; Denver, CO 80218 ~~l:e~tttf!j:;,· 715.1144 Christopher H. Toll Samuel Maslak and Luleta Maslak Legal Description of Property: Lot 12, Vail Valley 3rd Filing Physical Address: 1979 Sunburst Drive, Vail, Colorado Mailing Address: Post Office Box 1730; Vail, CO 81658-1730 ~~l,ep.~9.6402 Christop er H. Toll O ~©~OW~ MAY 1 0 2013 TOWN OF VAIL 6/4/2013 l HOLLAND&HART-IIJ 8. Landon Hilliard, III List of Appellants May 9, 2013 Page 3 Legal Description of Property: Lot 1-A, Vail Valley 4th Filing Physical Address: 2049-A Sunburst Drive, Vail, CO Mailing Address: c/o Brown Brothers Harriman & Co.; 140 Broadway; NY, NY 10005 TelegP.//_# By:-"""~---#--'->L<...L-.-t::/'---'------ Christop er H. Toll Respectfully, ~A_(tp Christopher H. Toll Steven T. Collis 6170lll_l O ~©~DW~r\ n MAY 1 0 2013 g TOWN OF VAIL 6/4/2013 May 9, 2013 George Ruther Director of Community Development 75 South Frontage Road Vail, CO 81657 CC: Kendra L. Carberry, Esq. Hayes, Phillips, Hoffmann & Carberry, P.C. 1530 16th Street, Suite 200 Denver, CO 80202 Matt Mire 75 South Frontage Road Vail, CO 81657 Christopher H. Toll, P.C. Phone 303-290-1637 Fax 303-975-5300 CToll@hollandhart.com MAY 1 0 2013 TOWN OF VAIL APPLICANT AND PROPERTY OWNER INFORMATION. Name and Address of Applicant and Property Owner: Town of Vail c/o Greg Hall 75 South Frontage Road West Vail, Colorado 81657 Physical Address of Property: 1775 Sunburst Drive Vail, Colorado Assessor Parcel Nos. 2101-092-00-006 and 2101-091-01-012 Respectfully, Christopher H. Toll Steven T. Collis 6170111_1 Holland 8r. Hart UP Attorneys at Law Phone (303)290-1600 Fax (303)290-1606 www.hollandhart.com 6380 s. Fiddlers Green Orcle Suite 500 Greenwood Village, CO 80111 Aspen Billings Boise Boulder carson Oty Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C. 6/4/2013 May 9, 2013 George Ruther Director of Community Development 75 South Frontage Road Vail, CO 81657 CC: Kendra L. Carberry, Esq. Hayes, Phillips, Hoffmann & Carberry, P.C. 1530 16th Street, Suite 200 Denver, CO 80202 Matt Mire 75 South Frontage Road Vail, CO 81657 Christopher H. Toll, P.C. Phone 303-290-1637 Fax 303-975-5300 croll@hollandhart.com D ~©~~w~n n MAY 1 o 2013 g TOWN OF VAIL LIST OF ADJACENT PROPERTY OWNERS. The following individuals are property owners who are adjacent to the property described in the Town's application for an amendment to the existing conditional use permit to redevelop the Vail Golf Course clubhouse building: 1. Owner Name: Geo. A. Hormel & Co. In Care ofName: Hormel Foods Corp-Tax Dept. Owner Address: 1 Hormel Place Austin MN 55912-3680 Property Address: 1527 Vail Valley Drive-#A Vail, Colorado 2. Owner Name: Hormel Foods Corp. Owner Address: 1 Hormel Place Austin MN 55192-3680 Property Address: 1527 Vail Valley Drive-#B Vail, Colorado 3. Owner Name: Vail Golfcourse Townhomes Phase II In Care ofName: Malia Nobrega c/o Crossroads Realty, Ltd. Holland 8t Hart UP Attorneys at Law Phone (303)290-1600 Fax (303)290-1606 www.hollandhart.com 6380 5. Fiddlers Green Orcle Suite 500 Greenwood Village, CO 80111 Aspen Billings Boise Boulder C.=n City Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Las Vegas Reno Sa~ Lake City Santa Fe Washington, D.C. 6/4/2013 Owner Address: Property Address: 4. Owner Name: In Care ofName: Owner Address: Property Address: 5. Owner Name: In Care of Name: Owner Address: Property Address: 6. Owner Name: In Care ofName: Owner Address: Property Address: 7. Owner Name: In Care of Name: Owner Address: Property Address: 8. Owner Name: Owner Address: Property Address: 9. Owner Name: I Post Office Box 1292 Vail, CO 81658 List of Adjacent Property Owners May 9, 2013 Page 2 1610-1620-1630 Sunburst Drive Vail, Colorado Fall Ridge Condominium Association Attn: Tina 1650 Fallridge Road, also known as 1650 Vail Valley Dr. Vail, CO 81658 1650 Fallridge Road, also known as 1650 Vail Valley Dr. Vail, Colorado Vail Golfcourse Townhomes Phase I Chad Roberts Post Office Box 954 Vail, CO 81658 1660-1670-1710-1720 Sunburst Drive Vail, Colorado Vail Golfcourse Townhomes Phase IV Malia Nobrega c/o Crossroads Realty Ltd. Post Office Box 1292 Vail, CO 81658 Golf Lane Vail, Colorado Olson Family 2012 Trust Curtis Olson 4 Berthe Circle Colorado Springs, CO 80906 1 785 Sunburst Drive Vail, Colorado Lee S. Chapman Revocable Trust, Lee S. & Sandra C. Chapman, Trustees 7032 Wexford Road Edina, MN 55439 1801-B Sunburst Drive Vail, Colorado 1"1 ~©~owrg 0 R. Glenn Hilliard n MAY 1 0 2013 TOWNOFVAIL n ~ _) 6/4/2013 Owner Address: Property Address: 10. Owner Name: In Care ofName: Owner Address: Property Address: 11. Owner Name: Owner Address: Property Address: 12. Owner Name: Owner Address: Property Address: 13. Owner Name: Owner Address: Property Address: 14. Owner Name: Owner Address: Property Address: 15. Owner Name: Owner Address: Property Address: List of Adjacent Property Owners May 9, 2013 Page 3 1355 Peachtree Street-#640 Atlanta, GA 30309 1801-A Sunburst Drive Vail, Colorado Starfire Co. Ltd. CM Management Post Office Box 1670 Vail, CO 81658 1815 Sunburst Drive Vail, Colorado Deborah L. Webster 4321 East Lake Creek Road Edwards, CO 81632 1825 Sunburst Drive Vail, Colorado 1835 Sunburst Drive LLC 5675 DTC Boulevard -Suite 200 Greenwood Village, CO 80111-3216 1835 Sunburst Drive Vail, Colorado William J. Nutt 24 Dockside Lane-#382 Key Largo, FL33037 1855 Sunburst Drive Vail, Colorado One-Eleven Sunburst LLC 380 Main Street Salem NH 03079 1855 Sunburst Drive Vail, Colorado Richard J. Callahan and Mary Celeste Callahan 190 High Street Denver, CO 80218 1875 Sunburst Drive Vail, Colorado I"\ ~©~0~~ 0 m MAY 1 o 2013 TOWN OF VAIL n ~ u 6/4/2013 16. Owner Name: Owner Address: Property Address: 17. Owner Name: Owner Address: Property Address: 18. Owner Name: Owner Address: Property Address: 19. Owner Name: Owner Address: Property Address: 20. Owner Name: Owner Address: Property Address: 21. Owner Name: Owner Address: Property Address: 22. Owner Name: Owner Address: List of Adjacent Property Owners May 9, 2013 Jean L. Breitenbach Post Office Box 1409 Vail, CO 81658-1409 1895 Sunburst Drive Vail, Colorado Robert C. Cooper Janin C. Barboza Flores Page4 Barboza -Linda K. Sharkey Barboza 61 Rostrevor Road London SW6 5AR United Kingdom 1895 Sunburst Drive Vail, Colorado Harry Burn 11556 Turtle Beach Road North Palm Beach, FL 33408-3345 1905 Sunburst Drive Vail, CO 81657 International RM Corp. Ferrari House Post Office Box 971 Avon, CO 81620 1925 Sunburst Drive Vail, Colorado Hans G. Storr and Carol F. Storr 33 Brookridge Drive Greenwich, CT 06830 1965 Sunburst Drive Vail, Colorado Samuel H. Maslak and Luleta Maslak Post Office Box 1730 Vail, CO 81658 1979 Sunburst Drive Vail, Colorado ~ ~©~Dw~r-1 TI MAY 1 0 2013 g TOWN OF VAIL James M. Slevin Trust -Daphne S. Slevin Trust 1985 Sunburst Drive 6/4/2013 Property Address: 23. Owner Name: Owner Address: Property Address: 24. Owner Name: In Care ofName: Owner Address: Property Address: 25. Owner Name: In Care ofName: Owner Address: Property Address: 26. Owner Name: Owner Address: Property Address: 27. Owner Name: In Care ofName: Owner Address: Property Address: List of Adjacent Property Owners May 9, 2013 Vail, CO 81657 1985 Sunburst Drive Vail, Colorado Page 5 Richard L. Knowlton and Nancy V. Knowlton 1999 Sunburst Drive Vail, CO 81657 1999 Sunburst Drive Vail, Colorado Snowstorm LLC Virtus Ltd. Post Office Box 634 Bordeaux Ct. Les Echelons St. Peter Port Guernsey GY13DR Channel Islands 2009 Sunburst Drive Vail, Colorado Winterstorm LLC Virtus Ltd. Post Office Box 634 Bordeaux Ct. Les Echelons St. Peter Port Guernsey GY13DR Channel Islands 1039 Sunburst Drive Vail, Colorado Paul C. Dougherty 5115 Rockwood Parkway NW Washington DC 20016-1915 2039 Sunburst Drive Vail, Colorado Deerwood Cottage Partners LLC L. Hilliard -Brown Bros. Harriman & Co. 140 Broadway New York, NY 10005 2049-B Sunburst Drive Vail, Colorado n ~©~O'W~n I~ MAY 1 0 2013 ~ U IJ u TOWN OF VAIL 6/4/2013 HOLLAND&HAKL Ill) List of Adjacent Property Owners May 9, 2013 28. Owner Name: In Care ofName: Owner Address: Property Address: 29. Owner Name: In Care ofName: Owner Address: Property Address: 30. Owner Name: In Care of Name: Owner Address: Property Address: 31. Owner Name: Owner Address: Property Address: 32. Owner Name: Owner Address: Property Address: 33. Owner Name: Owner Address: Property Address: 34. Owner Name: Page 6 Landon Hilliard III and Mary Meyers Brown Brothers Harriman & Co. 140 Broadway New York, NY 10005 2049-A Sunburst Drive Vail, Colorado Town of Vail Finance Department 75 South Frontage Road West Vail, CO 81657 1775 Sunburst Drive and 2450 South Frontage Road East Vail, Colorado Susan K. Beals Susan K. Baer 2800 Aspen Court -Unit A Vail, CO 81657 2800 Aspen Court -Unit A Vail, Colorado Anneliese M. Freeman 2800 Aspen Lane -Unit B Vail, CO 81657 2800 Aspen Land-Unit B Vail, Colorado Grassis Qualified Personal Residence Trust 7211 NW 83rd Street -Suite 100 Kansas City, MO 64152-6036 2807 Aspen Court Vail, Colorado Pamela N. Jadlos 5350 South Race Court Greenwood Village, CO 80121 281 0 Aspen Court Vail, Colorado Colorado Department of Transportation r-\~©~0\'§~r\ 01 n n MAY 1 o 2013 g TOWN OF VAIL 6/4/2013 I • HOLLAND&HART." 111'1!1 List of Adjacent Property Owners May 9, 2013 In Care of Name: Owner Address: Property Address: Respectfully, Christopher H. Toll Steven T. Collis 6188048_1 il Headquarters Office 4201 E Arkansas Ave Denver, CO 80222 Page 7 1-70 adjacent to the golf course. ~ ~©~O~~r\ ~ MAY 1 o 2013 ~ TOWN OF VAIL 6/4/2013 i HOLLAND&HART", 11'1 ., I May 9, 2013 George Ruther Director of Community Development 75 South Frontage Road Vail, CO 81657 CC: Kendra L. Carberry, Esq. Hayes, Phillips, Hoffmann & Carberry, P.C. 1530 16th Street, Suite 200 Denver, CO 80202 Matt Mire 75 South Frontage Road Vail, CO 81657 NATURE OF APPEAL Christopher H. Toll, P.C. Phone 303-290-1637 Fax 303-975-5300 CToll@hollandhart.com 0 ~©~aw~M n MAY 1 o 2013 ~ TOWN OF VAIL For the following reasons, Appellants R. Glenn Hilliard, Debora Webster, Sam and Luleta Maslak, Landon Hilliard, Olson Family 2012 Trust, Richard and Celeste Callahan, 1835 Sunburst Drive LLC, and Starfire Company, through their attorneys, Holland & Hart LLP, appeal the Planning and Environmental Commission's April22, 2013 approval of the Town of Vail's application for an amendment to the existing conditional use permit relating to the Vail Golf Course clubhouse: 1. Section 12-16-6.8 of the Town Code Does Not Allow the Town's Plan Under § 12-16-1 0 of the Vail Municipal Code, all amendments to conditional use permits other than the most innocuous must satisfy the tests imposed on a new application. Those tests are found in § 12-16-6.B, which provides that "before granting a conditional use permit," the "planning and environmental commission shall" find "that the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity." The PEC failed to make these findings, and, for two reasons, it simply could not have even if it had tried. First, the proposed location of the use will be detrimental to the public health, safety, or welfare. Members of the Vail community and visitors to the valley routinely use Sunburst Drive Holland 8t Hart UP Attorneys at Law Phone (303)290-1600 Fax (303)290-1606 www.hollandhart.com 6380 S. Fiddlers Green Circle Suite 500 Greenwood Village, CO 80111 Aspen Billings Boise Boukler carson City Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C. 6/4/2013 Nature of Appeal May 9, 2013 Page 2 MAY 1 o 2013 for activities such as family walks, family bike rides, cycling, and other outings. e go course clubhouse becomes an events center with valet parking, shuttles, and numerous attendees (attendees will range upward from 160) trying to find their own parking along Sunburst Drive, many ofthose using Sunburst Drive will be put in danger. The road does not have the capacity to handle the increase in traffic the Town proposes. This is especially true when, during the summer months, the events center will likely be in use a minimum of three nights every week. Second, the Town's plan most definitely will be materially injurious to the properties in the vicinity of the events center. Mike Nash, an appraiser with over 20 years of experience in Colorado and Eagle County, has stated that the Town's plan, if approved, would "negatively impact values of existing homes on Sunburst Drive, thereby causing material injury to those homes." Mike Nash Opinion, attached as Exhibit A, at~ 10. That economic injury alone should have led the PEC to deny the Town's application, but there is also the injury the neighbors will suffer in the use and enjoyment of their property. On most summer nights, instead of the tranquility they enjoy now, those immediately adjacent to the clubhouse will face loud music, the din of mingling and partying guests, and the annoyance of attendees wandering onto their properties (something that already occurs with the smaller and fewer events the clubhouse currently hosts). Those throughout the neighborhood-including residents of the townhomes- will find their current use and enjoyment destroyed by the guttural sounds of shuttles passing in the afternoon and late at night, clogged roads, partiers in the parking lot or along the golf course, slower response times by first responders, and the noise that will inevitably arise as attendees (many of whom will have been drinking) shuffle back to their cars or shuttles as late as 2 A.M. The Sunburst Neighborhood was not built for this kind of operation. Those who developed it meant it to be a quiet, residential community lining a golf course, with narrow roads and almost no shoulders. See Jay Pulis Affidavit, attached as Exhibit B. Because they designed it that way, there is no way the Town can create a commercial enterprise in the heart of it without risking safety and public health and without materially injuring properties in the vicinity. 2. Section 12-SB-3 of the Town Code Does Not Allow the Town's Plan Section 12-8B-3 ofthe Municipal Code permits as "accessory uses" in the Outdoor Recreation zone district, "[a]ccessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses." Under this provision, to qualify as an "accessory building" or "accessory use," the structure or use must be (1) customarily incidental and accessory to permitted or conditional outdoor recreational uses, and (2) necessary for the operation thereof. What the Town is proposing is neither customary nor incidental. Most golf course clubhouses, like the current clubhouse, have golfers' grills--one dining area for those using the course to eat and relax before or after their round. Almost no clubhouses have a golfers' grill, as well as a separate banquet hall complete with a bridal room, banquet patio, and banquet garden 6/4/2013 1 I i HOLLAND&HART,o 1111111!1 Nature of Appeal May 9, 2013 Page 3 area. That design is unique to the Town's proposal and thus violates § 12-88-3. There currently is no banquet room at the clubhouse. Rather, there is an eating space that serves as a golfers' grill and, on rare occasions Gust 15 times per year), acts as a dining space for other events. Similarly, it is important to note what type of golf course clubhouse this is. It was originally designed to be part of a quiet, residential neighborhood. While it is true some golf course clubhouses may also have spaces for weddings and other similar events, many of those clubhouses were designed from the beginning to be consistent with their surroundings. They were not designed to be part of a quiet residential community. It is simply not customary to include a wedding and events venue in a clubhouse intentionally placed in a tranquil residential setting. Second, the proposed banquet facilities, including all the outdoor space, are not incidental to the current use of a golf course. The Town's own economic analysis, which it put forth to the PEC, anticipates that the events center will host events every Friday, Saturday, and Sunday from June through August. Because commercial business, wedding, and other parties will often book the events center at least a year in advance, the Town's plans will necessarily crowd the golfers out of their own clubhouse. No doubt groups will schedule non-golfing events at the clubhouse a year or even two years in advance. When the golfers decide to schedule a tournament or other event, they will find they cannot because it will already be booked. As a result, the "accessory" use of the events center will become the primary use, and the golfers will need to find another venue for their golfing events. This is especially troublesome when the amount of revenue generated by the golf course dwarfs that predicted to stem from the wedding venue. Likewise, the proposed event center is not "necessary for the operation" of approved uses such as golfing and Nordic activities. If the event center has no relationship to the permitted or conditional outdoor recreational uses, then it certainly cannot be necessary for their operation. While a golfers' grill is arguably necessary for the operation of a golf clubhouse, two dining areas are not. If the Town were to keep the golfers' grill and remove the banquet space from its plans, the golfing and Nordic uses of the clubhouse would continue unimpeded. The banquet space is therefore unnecessary for the operation of the golfing and Nordic activities. Accordingly, the PEC's approval of the Town's application for a CUP was in error. In sum, the PEC approved the amendments to the CUP without making the proper findings, and the proposed event center fails to satisfy either of the two tests for a conditional use as an accessory building for use in the Outdoor Recreation zone district. The PEC's approval of the Town's application was contrary to the Town Code. Respectfully, r-"\ ~©~OW~r""\ n MAY 1 o 2013 . ~ TOWN OF VAIL 6/4/2013 ' . Christopher H. Toll Steven T. Collis 6175027_1 Nature of Appeal May 9, 2013 Page4 r""'\ [g©~OW~r\ I~ MAY 1 0 2013 ~ u 11 w TOWN OF VAIL 6/4/2013 May 9, 2013 George Ruther Director of Community Development 75 South Frontage Road Vail, CO 81657 CC: Kendra L. Carberry, Esq. Hayes, Phillips, Hoffmann & Carberry, P.C. 1530 16th Street, Suite 200 Denver, CO 80202 Matt Mire 75 South Frontage Road Vail, CO 81657 Christopher H. Toll, P.C. Phone 303-290-1637 Fax 303-975-5300 CToll@hollandhart.com '~©~~W~' 01 n m MAY 1 o 2013 g TOWN OF VAIL EXPLANATION OF HOW APPELLANTS ARE AGGRIEVED OR ADVERSELY AFFECTED Appellants R. Glenn Hilliard, Debora Webster, Sam and Luleta Maslak, Landon Hilliard, Olson Family 2012 Trust, Richard and Celeste Callahan, 1835 Sunburst Drive LLC, and Starfire Company, through their attorneys, Holland & Hart LLP, offer the following explanation of how they will be aggrieved or adversely affected from the Planning and Environmental Commission's April22, 2013 decision to approve the Town ofVail's request for an amendment to the conditional use permit relating to the Vail Golf Course clubhouse: The Town's Plan Will Be a Nuisance to the Neighborhood Because the appellants' homes sit east and south of the clubhouse, the Town's current plans will maximize the nuisance to them and the rest of the neighborhood. The Town intends to configure the new events center so that all banquets and outdoor activities occur to the south and east of the clubhouse. Special events held in this area in the past have been disruptive to the neighborhood and have forced neighbors, including some of the appellants, to call the police. Rather than develop a plan that would reduce the likelihood of such problems, the Town has instead proposed plans that will increase them substantially, both in number and in physical scope. As one community member explained to the PEC, even during activities held currently at ·Holland 8t Hart LLP Attorneys at Law Phone (303)290-1600 Fax (303)290-1606 www.hollandhart.com 6380 5. Fiddlers Green Circle Suite 500 Greenwood Village, CO 80111 Aspen Billings Boise Boukler Ca,;on Oty Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C. 6/4/2013 Explanation of Grievances May 9, 2013 Page 2 the clubhouse, people often wander onto her property, the noise is loud and disturbing, and the police do nothing to stop it. Specifically, the following will all adversely affect both the appellants and the other neighbors in the area: 1. Noise. The Town's plans will create noise that will serve as a nuisance to all homeowners along the 18th fairway and current 18th green and in the adjoining townhomes. Indeed, the expansive use of the facility as a revenue-producing events center raises the following concerns regarding noise: a. Orientation of activities. The Town's current proposals place activities in the one location that will maximize the noise nuisance to the appellants. b. Lack of effective control. The Town has shown an inability to control the noise level of events held in the modest space already at the clubhouse, even when neighbors complain. If the Town succeeds in creating an event center of the magnitude it is proposing, the impact on the neighborhood will be severe. When the windows and doors are opened, the building itself will act as an amphitheater, magnifying the volume of events held there. Music, crowd, and traffic noise will cause a diminution in value of the appellants' homes. c. Hours of operation. The Town plans to allow music to continue at the new events center until midnight each night and activities may continue to 2:00a.m. The attendees likely will not all leave until some time after that. Such late hours will prevent those in the neighborhood, including the appellants, from experiencing any peace and quiet at a late evening hour, something many of the homeowners relied on having when they purchased their properties. d. Estimates suggest the center will host more than anywhere from 60 to 1 00 events per year, and the number could be substantially more than that. This will prevent the appellants and their neighbors from enjoying their property at least three nights per week and potentially more. e. As many owners in the area made clear before the PEC, the impact of events does not stay within the confines of the golf course clubhouse. In the past, event attendees have created disturbances in the parking lot and on neighbors' property, something that will continue with the increased number of events and attendees. 2. Lighting. Lighting associated with evening activities will be a nuisance to the appellants and the neighborhood in several respects. Because lighting for outside activities will most likely be affixed to the building, it will shine toward the residences, creating a continuing glare. Any lighting sufficient to illuminate the outdoor banquet areas will '~©[gO'¥'~':\ 1 ~ MAY 1 o 2013 ~ U IJ u TOWN OF VAIL 6/4/2013 HOLLAND&HAKL Ill! Explanation of Grievances May 9, 2013 Page 3 almost certainly be bright enough to illuminate the adjoining properties as well. And because lighting will be necessary beyond the period when events occur, as people are leaving to their vehicles, it will be a problem well past midnight, resulting in an aggravated impact on the neighboring residences. 3. Erratic Behavior and Lack of Law Enforcement. During past social gatherings at the clubhouse, which were much smaller than that which the Town is proposing to host, the conduct of attendees has often been out of control, resulting in safety issues and disturbance to the appellants and the neighborhood. And calls to law enforcement have been ineffective. Larger events designed to be outside will only increase such activity. 4. Tents. The CUP the Town is seeking will allow it to use the 18th fairway and the 18th green as a venue to raise large tents under which they can host affairs even larger than those contemplated for the events center itself. Such a use will only exacerbate the issues we have already raised, including noise, lighting, and unruly behavior, and will create opportunities for other nuisances and torts, such as trespasses onto the residential properties. The information the Town has circulated indicates that the Town will prohibit private parties from using tents but that the Vail Recreation District may still use tents for special public events. Moreover, the Town has not promised to prohibit the use of tents on the 18th fairway. Moreover, the Town could change its policy at any time to allow tents both within the zone covered by the CUP and outside it. 5. Reconfiguration of Driving Range Nets. The Town insists on increasing the height of the driving range nets, which will distract the Appellants, neighbors, golfers, tourists, motorists along 1-70, bikers, and others attempting to enjoy the scenery. No valid reason exists for reconfiguring the driving range nets, especially if the Town abandons its plan to move the 18th green. The movement ofthe green is what places golfers in danger. The Town's current plan is forcing it to spend large sums of money to address safety concerns that would not exist if the Town would simply change its current course of action. 6. Lack of Buffer to Protect Residences. Whatever activities occur at the current parking lot, the current clubhouse site, or at the current location of the 18th fairway and green, the impacts on the Appellants and the neighborhood will be significant. There is simply no way to buffer the homeowners from the activities. At Donovan Pavilion, the nearest residence to the building is approximately twice the distance as is the nearest residence on Sunburst Drive to the Vail Golf Course clubhouse. In addition, at Donovan, Gore Creek and a wide and dense growth of evergreen trees shield the nearby residences. If this project goes forward in any manner other than by simply creating a quality golf course clubhouse with no significant event facility, the neighborhood residences will experience substantial reduction in value and will require increased protection from both parking activities and event functions. "~©~o~rgi"\ n MAY 1 o 2013 ~ TOWN OF VAIL 6/4/2013 Explanation of Grievances May 9, 2013 Page 4 7. Uncertainty Regarding Zoning and Development Plans. Because ofthe broad options available under the zoning regulations, the Town will have broad flexibility regarding how to use the clubhouse, the 18th green, and the 18th fairway. This is especially true because the Town refuses to be bound by any of the proposals it has put forth to the PEC. The uncertainty regarding how the Town intends to use the property prevents the residents of the adjoining properties from the normal use of their residences, decreases the property and resale value of the golf course neighbors' homes and properties, and leaves open the possibility that the Town will, at a later time, use the property for purposes other than those it now identifies. The Town's Plan Will Result in Parking, Congestion, and Safety Issues The Town intends to increase the parking lot capacity from 128 spaces to 158 through the use of a valet parking program. Such an increase will further deteriorate the quality of the golf course and thus the area immediately surrounding the Appellants' homes. As a representative of the Town made clear at the January 14 PEC meeting, even now, when weddings and other events occur only 15 times a year, parking and traffic congestion are still problems when the slightest unforeseen wrinkle occurs. The Town is now attempting to raise the number of events to somewhere between 65 and 1 00 1 at the same time it is trying to increase the size of those events. It is irrational to think it can do so and avoid the traffic and parking problems it is already experiencing, even with a plan in place. The Town has proffered a number of parking plans, none of which has been viable. The latest, which the Town claims is feasible, only works by ignoring key realities and assuming perfect conditions. Even then it requires elaborate efforts, such as on-site valet parking, off-site valet parking, and shuttling. But because the Town's plan will stretch the property beyond its capacity, the reality is that any variable will throw the Town's parking plans into chaos. The slightest unexpected event will cause traffic, parking, and safety concerns all along Sunburst Drive. A neighborhood meeting, a group of cyclists looking to use Sunburst Drive, more golfers than expected, families hoping to park near the golf course for an evening stroll along Sunburst-any one would create a malaise of traffic, safety, and congestion concerns. The Town is asking for approval of its application on the assumption that no other variable will ever occur. It is not a realistic assumption. In addition, the Town's plans raise serious safety and congestion concerns. According to its plans, events scheduled at the clubhouse may begin as early as 4 p.m. At that time, golfers will still be on the course and their cars in the parking lot, which will not have the capacity for both golfer vehicles and event attendee vehicles. The result will be individuals parking along the shoulder of Sunburst Drive, which creates hazards for emergency vehicles trying to access the 1 In its initial estimates, the Town indicated that the events center w0uld likely host close to 100 events per year. After resistance from the community, it revised that number to 65, but the initial estimates were likely more realistic. The Town is hoping to build a premier wedding venue, and that spate will attract users. MAY 1 o 2013 6/4/2013 Explanation of Grievances May 9, 2013 Page 5 neighborhood, as well as severe congestion for the residents and substantial risk to the bikers and runners who use Sunburst. The appellants will be aggrieved and adversely affected both from the risks associated with the increased traffic congestion and from the diminution in property value that will result from it. Other Issues Will Adversely Affect the Appellants and Other Neighbors The Town's intended uses raise a number of issues, including safety concerns for pedestrians and cyclists along Sunburst Drive, the potential that fire and emergency personnel will not be able to access Sunburst Drive during large events, the Town's inability to enforce crowd control methods, lack of on-site law enforcement, and the Town's discretion to put up tents on the 18th fairway, which will inevitably lead to far more attendees than the Town's parking plan anticipates. In sum, the Town's plan will aggrieve and adversely affect the appellants and other neighbors in the area in numerous ways. Respectfully, Christopher H. Toll Steven T. Collis 6170664_1 n~©~0%7fgD ~ MAY 1 o 2013 ~ TOWN OF VAIL 6/4/2013 HOLLAND&HART-IIJ May 24,2013 George Ruther Director of Community Development 75 South Frontage Road Vail, CO 81657 CC: Kendra L. Carberry, Esq. Hayes, Phillips, Hoffmann & Carberry, P.C. 1530 16th Street, Suite 200 Denver, CO 80202 Matt Mire, Esq. 75 South Frontage Road Vail, CO 81657 Christopher H. Toll, P.C. Phone 303-290-1637 Fax 303-975-5300 CToll@hollandhart.com o, ~~~DW/~ n n MAY 28 2013 g TOWN OF VAIL APPELLANTS' OBJECTIONS TO THE ADMINISTRATOR'S DETERMINATION OF STANDING Pursuant to§ 12-3-3 ofthe Vail Town Code, Appellants object to the Direct of Community Development's determination that 1835 Sunburst Drive, LLC; Landon Hilliard III; Richard and Mary Callahan; and Samuel and Luleta Maslak lack standing. Appellants also object to the Director of Community Development's determination that R. Glenn Hilliard; Deborah Webster; . Olson Family 2012 Trust; and Starfire Company, Ltd. lack standing as aggrieved or adversely affected persons. For the reasons set forth in Appellants' submissions of May 9, 2013, Appellants argue that all of them have standing as adjacent property owners and adversely affected or aggrieved parties and request a hearing, prior to the Town Council's hearing evidence on the appeal, to set forth their arguments to the Town Council. Respectfully, ~1/.:J.tf/ Christopher H. Toll Steven T. Collis 6214660_1 ........ "-tu.P ... ,..,. ...... Phone (303)290-1600 Fax (303)290-1606 -.~ 6380 s. Addlers Green Clrde 5I* 500 Greenwood Village, co 80111 Aspen Billings Bcise -C.11son City Cheyenne Cobado Springs Denver Denver Tech Center Jodcson Hole Los ~ Reno Slit lMo City Santa Fe WBington, D.C. 6/4/2013 Golf CourseClubhouse Vail Golf Course THs 1730 1720 1775 1785 1944 1979 1875 2038 1965 2009 1999 1925 1985 20081825 1816 1815 1835 1905 2039 18551710 1801 1984 1734 1895 204919981824 1810 500' 1000' 1500' 0 5010015020025 FeetI 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: May 29, 2013 Golf Course Club House - Appellant PropertiesTown of Vail Golf Course Clubhouse CUP 100' Increments from Existing Golf Course Club House Appellant Properties Address Parcel #Legal Owner Care Of Mailing Info1785 SUNBURST DR2101-091-00-001 Unplatted OLSON FAMILY 2012 TRUST 4 BERTHE CIR, COLORADO SPRINGS, CO 80906-31611801 SUNBURST DR, #A2101-091-03-027VAIL VALLEY 3RD FILING, Lot: 2, UNIT A HILLIARD, R. GLENN 1355 PEACHTREE ST 640, ATLANTA, GA 303091815 SUNBURST DR 2101-091-03-011VAIL VALLEY 3RD FILING, Lot: 3 STARFIRE CO LTD CM MGMT PO BOX 1670, VAIL, CO 816581825 SUNBURST DR2101-091-03-010VAIL VALLEY 3RD FILING, Lot: 4 WEBSTER, DEBORAH L.4321 E LAKE CREEK RD, EDWARDS, CO 81632-82081835 SUNBURST DR2101-091-03-009VAIL VALLEY 3RD FILING, Lot: 5 1835 SUNBURST DRIVE LLC 5675 DTC BLVD STE 200, GREENWOOD VILLAGE, CO 80111-32161875 SUNBURST DR2101-091-03-007VAIL VALLEY 3RD FILING, Lot: 7CALLAHAN, RICHARD J. & MARY CELESTE 190 HIGH ST, DENVER, CO 802181979 SUNBURST DR2101-091-03-002VAIL VALLEY 3RD FILING, Lot: 12 MASLAK, SAMUEL H. & LULETA PO BOX 1730, VAIL, CO 816582049 SUNBURST DR, #A2101-102-01-010VAIL VALLEY 4TH FILING, Lot: 1-AHILLIARD, LANDON, III & MARY MYERSBROWN BROTHERS HARRIMAN & CO 140 BROADWAY, NEW YORK, NY 10005 6/4/2013 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 6/4/2013 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 6/4/2013 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?” 6/4/2013 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: 6/4/2013 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 6/4/2013 Page 1 PLANNING AND ENVIRONMENTAL COMMISSION October 22, 2012 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 **Order and times of agenda items are subject to change** MEMBERS PRESENT MEMBERS ABSENT Susan Bird Luke Cartin Pam Hopkins Michael Kurz Bill Pierce Henry Pratt John Rediker 20 minutes 1. 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 ACTION: Tabled to November 12, 2012 MOTION: Kurz SECOND: Cartin VOTE: 6-0-1 (Pierce recused) Bill Pierce recused himself from items 1, 2, and 3 on the agenda due to conflict of interest. He disclosed that he is the architect for the temporary clubhouse buildings project and is a member of the Fall Ridge home owners association that has voiced its support for the clubhouse remodel. Commissioner Pratt disclosed that he has had previous clients that are involved in the law suit, but he has not been in contact with them nor has any financial interest in these applications. Therefore, he will participate in the hearings for these applications. Commissioner Hopkins disclosed that she is currently working on the Vail Library renovation which is a Town project. Matt Mire, Town Attorney, asked Pam Hopkins if she had any financial interest in these applications. Commissioner Hopkins stated that she does not have any financial interest in these applications, she can be impartial, and will participate in the hearing of these application. Bill Gibson provided an overview of the applications and the desired outcomes of the hearing today. Tom Braun, Braun and Associates, representing the applicant, gave a presentation on the existing and proposed uses in the club house, the applications that have been submitted, and 6/4/2013 Page 2 the plan documents that will be submitted. Pedro Campos, Zehren and Associates, representing the applicant, gave a presentation on the site and design as contemplated. He added that his presentation would include a highlight of those areas that have been addressed in order to respond to neighbor concerns. He discussed the various elements of the proposal including the clubhouse building and patio, parking lot, driving range netting, golf skills teaching area in the current location of the 18th green, etc. Tom Braun concluded the presentation by highlighting the request for a conditional use permit to apply to a defined area adjacent to the club house. He covered the items he expects to provide within an anticipated operational plan in conjunction with the conditional use permit. He provided an image depicting the allowable and proposed building height. He discussed parking for the proposed uses and an anticipated parking management plan for the facility. Commissioner Kurz stated that he felt the bus turn around would be beneficial for what he believes will be an increase in shuttle traffic to the site. He felt that an increase in building height is appropriate. He asked what makes this facility so unique that notification would be sent to adjacent property owners about events when notice is not sent to neighbors about events held at Donovan pavilion? He clarified that what is being proposed does not appear to be an event center, but instead it appears to be a banquet room similar to those found at other golf courses. Commissioner Bird recommended adding a seating area on the western elevation of the building for the Nordic users. Commissioner Rediker asked what other properties in town are currently zoned Outdoor Recreation District. He wants to understand the potential impacts of uniformly increasing building height in this zone district and the impacts of amending height by a different method. Bill Gibson identified some of the other properties currently zoned Outdoor Recreation District and stated that a map of all the properties in this district would be provided at a future hearing. Commissioner Cartin agreed with Commissioner Redikers concerns about understanding the impacts to other properties if building height was amended in the Outdoor Recreation District. He asked about the potential of rezoning other portions of the golf course that are currently not zoned Outdoor Recreation District. He requested that the proposed outdoor lighting details also be presented at a future hearing. Commissioner Pratt asked for the background on how the applicant arrived at the proposed 200 person banquet size? Tom Braun stated that it was a function of many variables including recommendations from the recreation sub-committee. He noted that a 200 person banquet room could accommodate most cocktail parties and weddings. Commissioner Pratt noted concerns that the banquet room of the clubhouse, plus pre-function areas, plus the patio and lawn areas could accommodate a stand-up event much larger than 200 people. Tom Braun noted that these are all one combined use area and are not intended as cumulative use areas. Bill Gibson entered the additional written public comment received after publication of the staff memorandum into the record. 6/4/2013 10. Sunburst Drive ResidentfHomeowner Counsel objection letter to Town Council ­ 18 September 2012 11. Objection Reaffirmations of Objections from Community -12-16 October 2012 12. Sunburst Drive ResidentslHomeowners (13) objection letter to Planning and Environmental Commission -17 October 2012 l3. Vail Golfcourse Townhomes objections e-mail to Department of Community DevelopmentlPlanning and Environmental Commission -October 2012 14. Town Powerpoint Presentation to PEC -22 October and 12 November 2012 (excerpts identifYing expanded area as "event space" and "event patio" or variations) 15. Sunburst Drive ResidentslHomeowners Counsel objection letter to Planning and Environmental Commission -9 November 2012 16. Sunburst Drive ResidentslHomeowners Counsel objection letter to Planning and Environmental Commission -20 November 2012 17. Town Powerpoint Presentation to PEC -14 January 2013 (excerpt changing September and OctoberlNovember identifications of "event space" to 'Banquet Room" and "event patio" to "Banquet Patio") 18. Sunburst Drive ResidentslHomeowners Counsel objection letter to Planning and Environmental Commission with affidavit of appraiser establishing material injury to Sunburst Drive neighborhood and affidavit of Jay Pulis establishing intent of Pulis deed covenant -23 January 2013 19. Community member objections communications to Planning and Environmental Commission -April, 2013 20. Memorandum Inventory of Golf Courses in Eagle County with confirming report of Town of Vail from Powerpoint of22 October and 12 November 2012 21. Petition and Comments of Golfing Community against Town Council proposal with community comments -June 2013 Petition I Vail Town Council: Save #18 at Vail Golf Club I Change .org page 1 or I Petition I Vail Town Council: Save #18 at Vail Golf Club I Change.org Page 2 of7 I 2. Multiply Your Impact Turn your signature into dozens more by sharing this petition and recruiting people you know to sign. YOU YOUR FRIENDS 170 avg. THEIR FRIENDS 10,000 approx. ....... , / cha ge .org Recipient Vail Town Council and Rick Sackbauer Letter : Greetings, Save #18 at Vail Golf Club Signatures Name Location Date Dale Bugby 2013-05-29 Bruce Fraser Avon, CO, United States 2013-05-29 David Sundberg Vail, CO, United States 2013-05-29 Steve Kiene Minturn, CO, United States 2013-05-29 kaye ferry vail, CO, United States 2013-05-29 Nina Kazazian Vail, CO, United States 2013-05-29 Juliana Dahl Vail, CO, United States 2013-05-29 Laura Saxon morriston, FL , United States 2013-05-29 Bob Walsh Vail, CO, United States 2013-05-29 Paul Seidman Vail, CO, United States 2013-05-29 Steven Thompson Vail, CO, United States 2013-05-29 Kristi Cavanagh Vail, CO, United States 2013-05-29 Chris Forbes Vail, CO, United States 2013-05-29 Thomas Conners Vail, CO, United States 2013-05-29 Gary Pesso Vail, CO, United States 2013-05-29 jeff potto vail, CO , United States 2013-05-29 Todd Rash Vail, CO, United States 2013-05-29 Robert Dahl Vail, CO, United States 2013-05-29 Carey Anderson Vail, CO, United States 2013-05-29 Geordy Ogden Vail, CO, United States 2013-05-29 Bill Reisinger Avon, CO, United States 2013-05-29 Steven Teaver Vail, CO, United States 2013-05-29 David Irwin Vail, CO, United States 2013-05-29 Yun Song Vienna, VA, United States 2013-05-29 Diane Sanza Leadville, CO, United States 2013-05-29 eric taylor vail, CO, United States 2013-05-29 Margaret Ogden Vail, CO, United States 2013-05-29 David Goldstein Vail, CO, United States 2013-05-29 Garrett Tatreau Vail, CO, United States 2013-05-29 pati thiele Minturn , CO, United States 2013-05-29 Name Mary Goldstein Debbie Irwin Dan Hoeffel Brad Dohack Debbie Buckley Robert Wilhelm John Farkas John and Susan Gowen michelle clark R Denny ken netzeband patricia farrell Alyne Kaplan Roberto Langenauer Karen spitz Barry Watts Rol Hamelin linda allen Luc Pols Robert Stone Ingegerd Franberg James Gannon Lisa Kazazean Betsy Wiegers Yun Mu Larry Dempsey Michael Charles Jerry Sanza monika rak George Pattee Jeffery Lennerth Greg Parkhurst Location Date Vail, CO, United States 2013-05-29 Vail, CO, United States 2013-05-29 Vail, CO, United States 2013-05-29 Fort Myers, FL, United States 2013-05-29 Avon, CO, United States 2013-05-29 Vail, CO, United States 2013-05-29 Denver, CO, United States 2013-05-29 Denver, CO, United States 2013-05-29 evansville, IN, United States 2013-05-29 Houston, TX, United States 2013-05-29 avon, CO, United States 2013-05-29 Vail, CO, United States 2013-05-29 Vail, CO, United States 2013-05-29 Mexico 2013-05-29 Vail, CO, United States 2013-05-29 Vail, CO, United States 2013-05-29 Vail, CO, United States 2013-05-29 mukwonago, WI, United States 2013-05-29 Vail, CO, United States 2013-05-29 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Mahtomedi, MN, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Denver, CO, United States 2013-05-30 Longmont, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Leadville, CO, United States 2013-05-30 edwards, CO, United States 2013-05-30 Fort Myers, FL, United States 2013-05-30 PIPE CREEK, TX, United States 2013-05-30 Singapore / Vail, 2013-05-30 Name Location Date fernando ogarrio Jayne Renshaw Stephen Connolly Mildred Rojas cheryl Miller Stephen Shapiro Wayne Wright Kathryn Joy Griesinger gary spitz Jen Fritts Sara Newsam Todd Keleske Joan Shires Vince Burkett Abbey Kaplan Justin Kaplan John Stevens Matt Toth Taryn Wright Thomas Vue jacques payen john donovan Will Morefield V Frank Talia Finnegan Mike Spear jeffrey shelton Matt haebler Jessica Deal Billy McMillan Jenny Ricca Robert Boymer Mexico 2013-05-30 Denver, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 vail, CO, United States 2013-05-30 Littleton, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 vail, CO, United States 2013-05-30 Roscoe, I L, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Hollywood, FL, United States 2013-05-30 Gibbsboro, I\JJ, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Mexico 2013-05-30 Vail, CO, United States 2013-05-30 houston, TX, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Edwards, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Avon, CO, United States 2013-05-30 vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Name George Blair Lee and Carol Perrigo Ronald B. Johnson Josef Staufer jonathan staufer William B. Morefield III mark colwell David Magoun Margaret Cottrell Tyler Cherney D Applegate Jean Hall Richard Hall Darrell Rigel Ashlee Rigel Michelle Gratz Darrell Nelson Ellie Manzi Claire McCarney Peter Buckley Lance Lucey jan livergood Gina Russ Carla Svage John Murphy Beth Hollander Mike Block Adam Rigel Eileen Goode Scotty Magoun Steven Chotin MARC GRATZ Location Date Vail, CO, United States 2013-05-30 Reno, NV, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 vail, CO, United States 2013-05-30 Littleton, CO, United States 2013-05-30 Castle Rock, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Prairie Village, KS, United States 2013-05-30 VAil, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Ossining, NY, United States 2013-05-30 Detroit Lakes, MN, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Avon, CO, United States 2013-05-30 Jacksonville, FL, United States 2013-05-30 avon, CO, United States 2013-05-30 Miami Beach, FL, United States 2013-05-31 North Miami Beach, GA, United States 2013-05-31 Glen Ellyn, IL, United States 2013-05-31 I\JY, NY, United States 2013-05-31 Vail, CO, United States 2013-05-31 Vail, CO, United States 2013-05-31 VAIL, CO, United States 2013-05-31 Denver, CO, United States 2013-05-31 Greenwood Village, CO, United States 2013-05-31 OSSINING, NY, United States 2013-05-31 Name Location Date Bob Essin Vail, CO, United States 2013-05-31 Jason Plante Vail, CO, United States 2013-05-31 John O'Connor Castle Pines, CO, United States 2013-05-31 Ronald J. Snow Lakewood, CO, United States 2013-05-31 Rob Hall Vail, CO, United States 2013-05-31 John Keaveney Littleton, CO, United States 2013-05-31 John Slevin Vail, CO, United States 2013-05-31 Dennis Koller Vail, CO, United States 2013-05-31 Richard Vermillion Vail, CO, United States 2013-05-31 DeDe Dickinson Edwards, CO, United States 2013-05-31 Tony Petruccione Edwards, CO, United States 2013-05-31 Pamela Pattee Fort Myers, FL, United States 2013-05-31 Barbara Schofield Vail, CO, United States 2013-05-31 Allen Tulgan Vail, CO, United States 2013-05-31 Bobbie Ruh Vail, CO, United States 2013-05-31 Jacquie Landt Edwards, CO, United States 2013-06-01 Celeste Block Vail, CO, United States 2013-06-01 Paul Bass Vail, CO, United States 2013-06-01 Jon Dobrin Vail, CO, United States 2013-06-01 Frank McKibben Vail, CO, United States 2013-06-01 Randall Wise Lakewood, CO, United States 2013-06-01 Ellie Caulkins Vail, CO, United States 2013-06-01 Mary Caulkins Vail, CO, United States 2013-06-01 Linda Kazazian Rancho Mirage, CA, United States 2013-06-02 Sue Arford Vail, CO, United States 2013-06-02 Paul Deuth Chicago, IL, United States 2013-06-02 Sande Garton Gypsum, CO, United States 2013-06-02 Pamela Hoeffel Woodbury, MN, United States 2013-06-03 Michael Schwartz Vail, CO, United States 2013-06-03 David Bentley Edwards, CO, United States 2013-06-03 Jeaninne Carty Edwards, CO, United States 2013-06-03 Bob Warner Edwards, CO, United States 2013-06-03 Name Colleen McCarthy Deborah Webster Catalin Panaet Thomas Boyken Claudia Carroll John Nilsson Peter Coulter Joe Henderson Rick Messmer AIMEE BELL Claudia Carroll Claudia Carroll Erin Grade Ellen Krings jeannie mcgill Jeff Meier Jourdan Goldstein David Caulkins Emy Halpert Deborah Dunn Richard Michaux Nancy Knowlton John Dubuque Karla Sjogren John Friestad Kathryn Stuart Michael Halpert Chris Brody Jim Stuart Markus Mueller Glenn Shaw Bill Amass Dan Youngblood Location Date Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Eagle, CO, United States 2013-06-03 VAIL, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Avon, CO, United States 2013-06-03 SCottsdale, AZ, United States 2013-06-03 Avon, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 vail, CO, United States 2013-06-04 Gypsum, CO, United States 2013-06-04 Columbia, SC, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Greenville, SC, United States 2013-06-04 Eagle, CO, United States 2013-06-04 Denver, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Marietta, GA, United States 2013-06-04 Name Location Date Dana Gordon Laura Frick Krisin Olson Dave Chapin Maury Niebur Bob & Ann Louthan Eustaquio cortina Brad Wyche George Lazarus Steve Booren Henry A. Ittleson shelly lazarus Gretchen Busse Richard Liebhaber KEITH REISINGER Leslie Robertson Bob Zeltman Thomas Breslin Russell Winfield javier fernandez John Lohre Dewey Ogg Gail Reisinger Terry Wheatley William Slick Scott savage Randy Fischer Leonard Busse susan bristol Barry Lynch George Lamb Federico Gaxiola Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Avon, CO, United States 2013-06-04 Greenville, SC, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Val, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Pittsburgh, PA, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Salt Lake City, UT, United States 2013-06-04 Seattle, WA, United States 2013-06-04 portland, OR, United States 2013-06-04 Denver, CO, United States 2013-06-04 vail, CO, United States 2013-06-04 Avon, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Houston, TX, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Greenville, SC, United States 2013-06-04 Vail, CO, United States 2013-06-04 Minturn, CO, United States 2013-06-04 Name Location Date roger maurer Vail, CO, United States 2013-06-04 Peter Woods Vail, CO, United States 2013-06-04 Fred Wyman vail, CO, United States 2013-06-04 Vail Valley Suite 310 Warner Professional Building 2 Post Office Box 2800 Vail, Colorado 81658-2800 Telephone: 970.476 .6500 Telecopier: 970.476.4765 Law Office of ARTHUR A. ABPLANALP, JR. L.L.C. www.abplanalplawoffice.com Art@AbplanalpLawOffice.com Fort Collin Suite 260 Historic Miller lock 11 Old Town S are Fort Collins, Colora 0 80524 Telephone : 970.48 .6900 Telecopier: 970.48 .6905 To: Town Council of the Town of Vail From: Arthur A. Abplanalp, Jr. Re: Designated Event Space Within Golf Course Clubhouses in Eagle County Dated: 04 June 2013 Members of the Council: As the Council is aware, I, together with the law finn of Holland and Hart, represent the appellants in the appeal of the Vail Planning and Environmental Commission decision purporting to amend the conditional use permit of the Vail Golf Course clubhouse in a way which would effectively pennit the conversion of that facility and the area around it from a golf clubhouse to an event center. In response to the suggestion which has been offered by the Town of Vail and its planning advisors that the existence of designated and dedicated event, meeting or banquet space is in any way "accessory", "customarily incidental" or "necessary" to a golf course function, as required by the Vail Municipal Code for the conditional use which is proposed in the pending proceeding, I am submitting the following: (a) a specific inventory of any space in golf course clubhouses in proximity to the clubhouses of each golf course in Eagle County; and (b) a copy of the Town's inventory of facilities at golf courses within Eagle County, which was part ofa powerpoint presentation of the Town at a recent meeting of the Planning and Environmental Commission of the Town of Vail. Although the Town's study was related to "Valley-wide Parking", the analysis identifies "Additional Facilities" at each golf course in Eagle County, both public and private. Inventory of designated banqueUevent space apart from convertible restaurant space within golf course clubhouses in Eagle County (east to west) Golf Course Vail Eagle-Vail Beaver Creek Arrowhead Singletree/Sonnenalp Cordillera Valley Course Cordillera Mountain Course Eagle Springs Red Sky Eagle Ranch Adam's Rib- Gypsum Creek Designated banquet/event Source of information space apart from convertible restaurant space and commentary none personal observation none -separate pavilion for personal observation events apart from golf course and residences none Beaver Creek staff member none personal observation and recollection none -separate pavilion for personal observation events apart from golf course and residences none Club member and golfer none Club member and golfer none Adam @ Eagle Spring golf course none -exterior patio Marsha @ Red Sky golf sometimes used as part of course restaurant for events none -separate facility for personal observation events apart from golf course and residences none -restaurant has room Kerry/Joe @ Adam's Rib sometimes used for events golf course none -basement space may Gypsum Town manager be converted for hosting tournaments/small events Valley-wide Parking Course Additional Facilities Eagle Ranch 151 Eagle Vail 120 Gypsum Creek 115 swimming pool, restaurant Adams Rib 123 swimming pool, restaurant Cordillera Valley Club 95 swimming pool, restaurant The Course at Cordillera 78 Cordillera Summit Course 75 Red Sky Ranch (Lower) 96 Red Sky Ranch (Upper) 86 swimming pool, tennis Eagle Springs 84 Arrowhead Golf Club 50* restaurant, tennis facility Vail Golf Club 112 · meeting space, restaurant Eagle County Average 103 excluding Arrowhead Vail PEe Vail Golf Course Club House Project Z . EH ~ R E ~3R.A " IN ............ N -~•.~)"~~ . L.. ~,,.,_~~ \ .• " t r ", I I'n ~TDWNOF ~ George S. Lamb 3130A Booth Falls Court Vail, CO 81657 From: Warren Camcbell To: Warren eamcbell Subject: Clubhouse remodel Date: Thursday, April 18, 2013 1:17:01 PM From: stephen collins [mailto:stcvail@yahoo,com] Sent: Sunday, January 20, 2013 9:13 AM To: CommDev Subject: Clubhouse remodel I am writing this to remind all of you that we voted for the clubhouse to be remodeled, not for the 18th hole to be destroyed. If you people choose to ruin the 18th hole, we, the people of Vail, will do everything possible to see that you lose your jobs!! I think you all should be gone right now anyway I I Stephen Collins Christopher H. Toll, P.C. <R <H ~ Phone 303-290-1637 < OlLAND& ART... ­ Fax 303-975-5300 CToll@hollandhart.com Via E-mail to Kendra Carberrv, Esq. January 23, 2013 Planning and Environmental Conunission of the Town of Vail 75 South Frontage Road West Vail! CO 81657 Re: Vail Golf Course and Event Center/Golf Clubhouse Proposal Members of the Commission: In connection with the Town of Vail's application for a conditional use permit ("CUP"), we represent (or speak on behalf of) the owners of ten properties on Sunburst Drive, adjacent to the Vail Golf Course. At the January 14,2013, PEC meeting, several of you expressed many of the same concerns with the current proposal that the Sunburst Drive community has. This letter will comment on the particular concerns you expressed during that meeting and reemphasizes that many other significant issues still exist. 1. No Viable Solution Exists for the Parking Problems the Town's Application Raises. As was evidenced at the January 14,2013 PEC meeting, no practical parking plan can accommodate the Town's events center. The Town is trying to overdevelop a site that simply does not have the capacity to handle the Town's plans. As a representative of the Town made clear at the January 14 PEC meeting, even now, when weddings and other events occur only 15 times a year, parking and traffic congestion are still problems when the slightest unforeseen wrinkle occurs. The Town is now attempting to raise the number of events to somewhere between 65 and 100 1 at the same time it is trying to increase the size of those events. It is irrational to think it can do so and avoid the traffic and parking problems it is already expenencmg. The Town has proffered a number of parking plans, none of which has been viable. The latest, which the Town claims is feasible, only works by ignoring key realities and assuming In its initial estimates, the Town indicated that the events center would likely host close to 100 events per year. After resistance from tbe commuuity, it revised that number to 65, but the initial estimates were likely more realistic. The Town is hoping to build a premier wedding venue, and that space will attract users< Holland & Hart u.p Attorneys at Law Phon'.' (303)290-1600 Fa>< (303)290,1606 www.hollandhart.com 6380 S< Fiddlers Green Orcle Suite 500 Greenwood Village, CO 80111 Aspen Bimngs Boire Boulder Cars.on Ot'{ Cheyenne Colorad o SprifIQ5 Denver Denver Tech Center Jackson Hole Las Vegas Rl!no Salt lake Oty Santa Fe Washinoton, D.C. I HOLLAND&HART,.. ~ Planning and Environmental Commission of the Town of Vail January 23,2013 Page 2 perfect conditions, and even then it requires elaborate efforts, such as on-site valet parking, off­ site valet parking, and shuttling. But because the Town's plan will stretch the property beyond its capacity, the reality is that any variable will throw the Town's parking plans into chaos. The slightest unexpected event will cause traffic, parking, and safety concerns all along Sunburst Drive. A neighborhood meeting, a group of cyclists looking to use Sunburst Drive, more golfers than expected, families hoping to park near the golf course for an evening stroll along Sunburst-anyone would create a malaise of traffic, safety, and congestion concerns. The TO\vu is asking the PEC to approve its application on the assumption that no other variable will ever occur. It is not a realistic assumption. In sum, the neighborhood was not designed to host what the Town wants. Even if the size of the parking lot were not an issue, the increased traffic would still cause the same safety, congestion, and noise concerns because the Town is trying to fit a commercial enterprise into the heart of a serene residential neighborhood. It simply does not fit. 2. Parking Is Not the Only Issue We reiterate that parking is not the only problem with the Town's plan . The Town's intended uses raise a number of issues, including safety concerns for pedestrians and cyclists along Sunburst Drive, the potential that fire and emergency personnel will not be able to access 51mburst Drive during large events, the Town's inability to enforce crowd control methods, lack of on-site law enforcement, and the Town's discretion to put up tents on the 18th fairway. Our letter of November 20, 2012, explains each of these problems in more detail, and we refer you to it. The bottom line is that the Town is trying to increase the use of a property that simply does not have the capacity. The events center is the wrong project for this parcel of land. Even today, when only 15 events per year occur, members of the 51mburst Neighborhood occasionally must call the police to deal with attendees. When the number of events increases by 6 or 7 fold, and the events themselves swell in size, the problems will mount proportionately. 3. The Town's Plan Violates the Town Code Vail Municipal Code § 12-16-6.B provides that "before granting a conditional use permit," the "planning and environmental commission shall" find "that the proposed location of the use and the conditions lmder which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicin.ity." This language prevents approval of the Town's application for two reasons. First, the proposed location of the use will be detrimental to the public health, safety, or welfare. Members of the Vail community and visitors to the valley routinely use Sunburst Drive J_ HOLLAN o &HART", II1II Planning and Environmental Commission of the Town of Vail January 23,2013 Page 3 for activities such as family walks , family bike rides, cycling , and other outings. If the golf course clubhouse becomes an events center with valet parking, shuttles, and numerous attendees trying to find their own parking along 51mburst Drive, many of those using Sunburst Drive will be put in danger. The road does not have the capacity to handle the increase in traffic the Town proposes. This is especially true when, during the summer months, the events center will likely be in use multiple nights every week. Second, the Town's plan most definitely will be materially injurious to the properties in the vicinity of the events center. Mike Nash, an appraiser with over 20 years of experience in Colorado and Eagle County, has stated that the Town's plan, if approved, would "negatively impact values of existing homes on 51mburst Drive, thereby causing material injury to those homes." Mike Nash Opinion, attached as Exhibit A, at ~ 10. That economic injury alone is reason enough for the PEC to deny the Town's application, but there is also the injury the neighbors will suffer in the use and enjoyment of their property. On most summer nights, instead of the tranquility they enjoy now, those immediately adjacent to the clubhouse will face loud music, the din of mingling and partying guests, and the annoyance of attendees wandering onto their properties (something that already occurs with the smaller and fewer events the clubhouse currently hosts). Those throughout the neighborhood-including residents of the townhomes-will find their current use and enjoyment destroyed by the guttural sounds of shuttles passing in the afternoon and late at night, clogged roads, slower response times by first responders, and the noise that will inevitably arise as attendees (many of whom will have been drinking) shuffle back to their cars or shuttles as late as 2 A.M. The Sunburst Neighborhood was not built for this kind of operation . Those who developed it meant it to be a quiet, residential community lining a golf course, with narrow roads and almost no shoulders . See Jay Pulis Affidavit, attached as Exhibit B . Because they designed it that way, there is no way the Town can create a commercial enterprise in the heart of it without risking safety and public health and without materially injuring properties in the vicinity. 4. The Town's Plan Violates the Zoning Regulations Section 12-8B-3 of the Municipal Code penuits as "accessory uses" in the Outdoor Recreation zone district, "[a]ccessory buildings (penuanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses , and necessary for the operation thereof, including restrooms , drinking fountains, bleachers, concessions, storage buildings, and similar uses." Under this provision, to qualify as an "accessory building" or "accessory use," the structure or use must be (l) customarily incidental and accessory to permitted or conditional outdoor recreational uses, and (2) necessary for the operation thereof. What the Town is proposing is neither customary nor incidental. First, at the last PEC meeting, several commissioners suggested that many golf course clubhouses have banquet halls. This is not true. Most golf course clubhouses, like the current clubhouse, have golfers' grills­ HOLLAN D & HART,.I11III Planning and Environmental Conunission of the Town of Vail January 23,2013 Page 4 one dining area for those using the course to eat and relax before or after their round. Almost no clubhouses have a golfers' grill, as well as a separate banquet hall complete with a bridal room, banquet patio, and banquet garden area. That design is Wlique to the Town's proposal and thus violates § 12-SB-3. There currently is no banquet room at the clubhouse. Rather, there is an eating space that serves as a golfers' grill and, on rare occasions (just 15 times per year), acts as a dining space for other events. Second, the proposed banquet facilities, including all the outdoor space, are not incidental to the permitted use of a golf course. Because commercial business, wedding, and other parties will often book the events center years in advance , the Town's plans will necessarily crowd the golfers out of their own clubhouse. No doubt groups will schedule non-golfing events at the clubhouse a year or even two years in advance. When the golfers decide to schedule a tournament or other event, they will find they cannot because it will already be booked. As a result, the "accessory" use of the events center will become the primary use, and the golfers will need to find another venue for their golfing events. This is especially troublesome when the amount of revenue generated by the golf course dwarfs that predicted to stem from the wedding venue. Likewise, the proposed event center is not "necessary for the operation" of approved uses such as golfing and Nordic activities. If the event center has no relationship to the permitted or conditional outdoor recreational uses, then it certainly cannot be necessary for their operation . While a golfers' grill is arguably necessary for the operation of a golf clubhouse, two dining areas are not. If the Town were to keep the golfers' grill and remove the banquet space from its plans, the golfing and Nordic uses of the clubhouse would continue Wlimpeded. The banquet space is therefore unnecessary for the operation of the golfing and Nordic activities . Accordingly, the PEC should reject the Town's application. In sum, the proposed event center fails to satisfy either of the two tests for a conditional use as an accessory building for use in the Outdoor Recreation zone district. 5. Conclusion For the foregoing reasons, the PEC should reject the Town's application for a conditional use permit for an event center and subordinate clubhouse at the Vail Golf Course. At its January 14,2013 meeting, the PEC acknowledged a number of concerns with the To\vn's proposal. The Town has failed to address those concerns, mostly because it cannot. They are inherent in the Town 'sevent center proposal. As long as the Town insists on turning a golf course clubhouse in a residential neighborhood into a large event center, the PEC should deny its application for a conditional use pennit. Planning and Environmental Commission of the Town of VailHOllAND&HART" I'll November 20,2012 THE 1_ 1\'11 OUT WEST Page 4 space. And there is no stated limit on the total number of people who may be present, whether event attendees or SUppOlt staff. There may be 2-3 times as many people on the premises as the parking plan contemplates . IV. Solving problems· as they arise through the Management and Operations Plan is an untenable solution. The Town insists that the proper time to deal with problems is when they arise, through the Management and Operations Plan ("MOP"). But the MOP has mUltiple defects, the most important of which is that it fails to deal with problems now. The MOP seems to assume that, rather than taking action to avoid future problems, concemed citizens should remain silent until a problem arises, then try to solve it through the provisions in the MOP. But many of the issues the citizens have identified cannot be resolved once the Town builds the proposed event center. They are fundamental problems intrinsic to the proposed use, and they will continue for an extended time, with everyone-neighbors, event attendees, and golfers alike-suffering the consequences. If the proposed use goes forward, no one will be able to resolve the problems through the MOP. Only a new, better-planned proposal can do that. The PEC has identified other issues with the MOP, such as provisions for (I) a liaison with the neighborhood, (2) supervision of event attendees and traffic, and (3) enforcement of various use limitations. The proposed neighborhood liaison is an unnecessary link in the chain of communication . If any variation of the proposal were to go forward, and a mem ber of the neighborhood were to have an issue, he or she should be able to contact directly the person who is in control of the function and facility and who could resolve the issue, rather than having to work through an intermediary. Regarding supervision and law enforcement, unless law enforcement officials are present at every event, there will be no effective law enforcement. Most safety and other concerns will arise and do their damage long before law enforcement can arrive. Moreover, the parking congestion will make it very difficult for first responders to arrive and do their jobs effectively. Finally, the MOP has too many exceptions and allows the Town too much discretion. The MOP says that special use permits can be granted for particular events providing waivers from certain limits that would otherwise apply, but it is the Town itse({that would grant such waivers. Thus, as a practical matter the limits that the MOP purports to impose-on such matters as parking and the use of tents-are not limits at all. Once the Town implements its proposal, the MOP is not strong enough to ensure the Town will honor the commitments it appears to make. Law Office of ARTHUR A. ABPLANALP, JR. L.L.C. www.abplanalplawoffice.com Art@AbplanalpLawOffice.com Vail Valley Suite 310 Fort Colllps Suite 26b Warner Professional Building 2 Historic Mille Block Post Office Box 2800 11 Old Town Quare Vail, Colorado 81658-2800 Fort Collins, Colo ado 80524 Telephone: 970.476.6500 Telephone: 970. 82.6900 Telecopier: 970.476.4765 9 November 2012 Telecopier: 970. 82.6905 Planning and Environmental Commission of the Town of Vail 75 South Frontage Road West Vail CO Via E-mail and Hand Delivery Re: Vail Golf Course and GolfClubhouselEvent Center Proposal Members of the Commission: As the Planning and Environmental Commission is probably aware, this Office and I represent or are authorized to express the objections of the owners and residents often properties on Sunburst Drive, adjacent to the 18th hole of the Vail Golf Course, in connection with three pending applications now before the Planning and Environmental Commission. The list of those property owners and families, and a map identifying their properties, is attached to this letter. The followmg analysis expresses most, but not necessarily ali, of the concerns and objections of the owners and residents of the properties referred to above: Matters under Consideration 1. Zone District Amendment -Those on whose behalf I speak have no objection to the zone district amendment. 2. Zone Text Amendment -Those on whose behalf I speak have no objection to the zoning text amendment, provided that the proposed 33-foot maximum height is, in fact, the maximum height, and that architectural features such as towers are not permitted to exceed that height. 3. Conditional Use Permit- Everyone wishes to have a renovated golf course clubhouse, consistent with the representations of the Vail ToWn Council and Town Manager in developing the ballot language relating to the use of convention center funds for that purpose in August, 2011. 1 The Council's description of the project prior to the convention fund election was specific in that the renovated clubhouse was to be within the footprint of the existing clubhouse. Any intent to destroy any part of the 18th fairway or to use of any part of the 18th fairway for an event center appropriating a significant part of the golf course was not publicized in connection with the development of the ballot question and did not receive voter or community approval. It is largely that departure from the Council's commitment which has generated this controversy and the litigation in which everyone is involved today. Relationship to Existing Conditional Use Permit The current application is characterized as an amendment to a 1986 conditional use permit for a clubhouse, which would permit improvement of the clubhouse. Characterizing the project as a "clubhouse" is an attempt to achieve authorization of the project as an "accessory use" in the Outdoor Recreation zone district, as though it were related to a golf course. Notwithstanding the Town's "clubhouse" characterization, the proposed structure and uses of adjacent property would comprise an profit-oriented event complex which has no relationship to a golf clubhouse and which is not an accessory use to a golf course. To the best of our knowledge, no other public or semi-public golf course in Eagle County has an event center as part of a clubhouse structure, although several communities, such as Eagle-Vail, Singletree, and Eagle Ranch have event centers at different locations, similar to the Donovan Pavilion. The proposed project calls for the creation of a facility which can be called a mini­ convention center, which the Vail voters disapproved in 2005, or it can be called an event center, The one thing which it cannot legitimately be called is a clubhouse. It both appears to be and would function more like the Air Force Academy chapel than a golf clubhouse. Calling the Air Force Academy chapel a "clubhouse" doesn't make it a clubhouse, any more than calling an aircraft carrier a "clubhouse" makes that vessel a clubhouse. So it is with this proposed building. With reference to whether the proposed project is an "accessory use", the Municipal Code defines an accessory use as "a use or activity that is subordinate or incidental to a permitted or conditional use". The space related to golf functions in the proposed structure, such as the pro shop and the locker room, represents a small fraction of the total floor area of the proposed structure. The land area which is proposed for designation as event space greatly exceeds the area adjacent to the clubhouse which is to be golf-related. A mini-convention center or events center of the nature which is proposed (including both interior and exterior features) is in no way "subordinate or incidental to a permitted or conditional use", and it is not eligible for a . conditional use permit in the Outdoor Recreation zone district. The Town of Vail land use regulations do not authorize the proposed project as an accessory use, and the PEC must deny the request for the proposed conditional use. 2 Responses of the Community The Town of Vail has been provided with copies of the June-July correspondence from the golfing community and has additional later communications, particularly from the property owners and residents of the Sunburst neighborhood (both Sunburst Drive and Vail Golfcourse Townhouse Associations). These communications identitY objections, issues and actions required to eliminate or mitigate threats to the neighborhood. All of these comments are to be included in the record of these proceedings. This material specifically includes but is not limited to various letters from Sunburst Drive property owners which have been sent to the Town during recent months and specifically a letter from the Sunburst Drive Homeowners to the PEC dated and received by the Town of Vail on the 17th day of October, 2012. If the PEC chooses to proceed with consideration of this project and actually takes action approving it, then it must consider the vast range of objections to the proposal. The June-July input from the community brought objections from more than eighty members of the golfing community and neighborhood, and only four responses in support, making it clear that this project was unacceptable. More recently, the Vail Recreation District indicated, in response to a reference to the June-July communications, that those in the golfing community who had previously objected had reversed their position and that there were only a couple of golfers who objected. This is simply not true. I contacted those in the golfing community who had previously objected and asked whether they had changed their positions. None of the previous objectors indicated that he or she had changed positions. Indeed, approximately half of those who previously objectedtook the trouble to reconfirm their previous objections. There is no evidence that anyone who previously objected to the proposed project has changed his or her position. Neither has there been any change in position in the Sunburst neighborhood. In fact, within recent weeks, upon being made aware of the pending threat, the residents and property owners of the Vail Golfcourse Townhomes have objected as well .. No one favors this proposal except a majority of the Town Council and the Vail Marketing Board, both of whom view it as a revenue generator. Ifthe ToWn had an application for a project like this from a private party determined to destroy a neighborhood based upon a profit motive, it would never make it past conceptual review. The PEC should hold this application to the same standard as any other application and deny it promptly and finally. Requirements Established by the Municipal Code The Vail Municipal Code has criteria upon which the decision of the PEC is to be based, but it is important to note that the entire process itself has been flawed. Although the Town filed applications for three actions (zone district amendment, zoning text change amendment and conditional use permit) on the 24th of September, 2012, those applications were incomplete and failed to satisfy applicable regulations, at best. 3 Only the application for the zone district amendment was clear. The property which serves as a parking lot is to be changed to Outdoor Recreation. That proposal has met with no objection. The application for the zoning text change amendment was more of a reference to a possible discussion of alternative proposals to address a challenge presented by the design ofthe proposed event center, dealing with three alternatives which might be requested for consideration. Only after more that a month of processing was a decision made on the manner in which the matter would be presented for consideration. The application for a conditional use permit was incomplete when flied and has represented a moving target since the beginning of the process. The application conflicts both internally and with the governing provisions of the Municipal Code. With reference to notice of the PEC hearing process, that notice was circulated to the neighborhood after the initial application, when the only certainty related to the zone district amendment. Only through monitoring the progress of the matter could anyone be aware of the possibility that a real hearing would occur at some time after the initial conceptual consideration, and most recently access to the evolution of the process has been denied by litigation counsel to the Town of Vail. When the PEC decides that there is a complete and final application upon which a hearing can be conducted, proper notices should be circulated and published, reasonable opportunity should be provided to review the final proposal, and a hearing should be publicly announced and conducted based upon those proper notices and the availability of information. Criteria Under the Municipal Code The Municipal Code establishes criteria for the granting or denial of a proposed conditional use permit, or a significant amendment to an existing conditional use permit. The PEC is required by 12-16-10 of the Municipal Code to review the proposal in accordance with the provisions for a newly initiated application for a conditional use permit generally. That process requires a review of the criteria applicable to an original conditional use permit. As identified by the Town staff and the Municipal Code, the criteria for determining whether a conditional use permit should be granted, and the accurate analysis (differing significantly from the analysis offered to the PEC by the Town), are the following: 1. The precise nature of the proposed use and measures proposed to make the use compatible with other properties in the vicinity. The current golf course clubhouse is a golfing facility with a restaurant and attached space which occasionally serves to 120 people. The Town's proposed event center is designed to accommodate 200 people in its interior event space in addition to golf traffic, and the Town intends to convert part of a golf course into an exterior and adjoining event center, for use 100 times each year. It is 4 the Town's apparent position that this activity constitutes no change in use. The use of part of the current 18th fairway and the use of tents which can be permitted by the Town would increase the numbers by several hundred, bringing the total number present to at least 500 people. No reasonable person could agree with an analysis which indicates that such uses are comparable to the existing use or are compatible with a residential neighborhood. The proposed changes in use will prevent the owners and residents of residences in the neighborhood from being able to use those residences in the way any residential property owner is entitled to expect, and the associated destruction of part of the golf course eliminates entirely an amenity which the Town agreed to respect and maintain, under what is referred to as the "Pulis covenant" (part of the attached deed) when it acquired the property almost thirty years ago. There are no measures which can be established to make the proposed use compatible with other properties in the vicinity. 2. Relationship and impact of the use on development objectives of the Town. The Town took steps to reallocate conference center funds for expenditure on this and two other projects, but the representation made by the Town Council and Manager in order to obtain community consent to the reallocation of those funds was that the clubhouse would be renovated within the footprint of the existing building. There was no suggestion that the project would involve the conversion of the clubhouse to an event center with a de m;n;rnus golf facility or the expansion of exterior event facilities necessitating the destruction of part of the golf course. 3. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other Dublic facilities and public facilities needs. Contrary to the Town's assertion that some of these considerations will experience improvement, the light and noise from the proposed facility will be a factor in making the neighborhood difficult to inhabit, and the golf recreation facility which has existed for more than forty years will be severely impacted. The congestion which will be associated with group events numbering 200 people on a regular basis and 500 people when the Town decides to permit that to happen, in addition to 90 vehicles from golf traffic (according to the Town's analysis) will render the Town unable to effectively provide for :fire and other safety protection. 4. Effect upon traffic, with particular reference to con2:estion, automotive and pedestrian safety and convenience. traffic flow and control. access, maneuverability. and removal of snow from the streets and parking areas. It seems to be the Town's position that the change in use from occasional events for a maximum of 120 people to 100 events per year (at least three to four a week during high seasons) for 200-500 people will create no issue regardmg congestion, automotive and pedestrian safety and convenience, traffic flow and control. The Town's conclusion has not objective support and defies logic. The location is served by a narrow road which even during a neighborhood meeting conducted 5 Sunburst Drive Homeowners represented by or on whose behalf the foregoing objections and comments are submitted 1785 Sunburst Drive -Cocomodo Investments LP (Olson family) -unplatted 1801-A Sunburst Drive -Hilliard, Glenn -Lot 2A, Vail Valley 3rd Filing 1801-B Sunburst Drive -Chapman, Lee and Sandra -Lot 2B,Vail Valley 3rd Filin~ 1815 Sunburst Drive -Starfue Co. Ltd. (Gonzalez family) -Lot 3, Vail Valley 3rd Filing 1825 Sunburst Drive -Webster, Deborah -Lot 4, Vail Valley 3rd Filing 1835 Sunburst Drive -1835 Sunburst Drive, LLC (Chotin family) -Lot 5,Vail Valley 3rd Filing 1875 Sunburst Drive -Callahan, Richard and Celeste -Lot 7, Vail Valley 3rd Filing 1979 Sunburst Drive -Maslak, Samuel and Luleta -Lot 12, Vail Valley 3rd Filing 1999 Sunburst Drive -Knowlton, Richard and Nancy -Lot 14,Vail Valley 3rd Filing 2049 Sunburst Drive -Hilliard, Landon -Lot lA, Vail Valley 4th Filing 9 Code Amendment-~uilding Height Code Amendment-Building Height __' PR.\lfQSEPSLOfiij~R odr . :TH£42~'"0' MAlC ATJHERIOR ,," HflGliT 'Si lf,Ll NaT EXC EED ' ---i,'SLO' MAX lIT INTER lOll'Cl;llltl'il -;"" --­;.' TlJlr<TYTt;rm;F~f.1TC33'-~ " C1i1W!G "i .~W rio 4 m &4 ' \p $)£; .m @ Bill Gibson From: Lynne Campbell on behalf of CommDev Sent: Wednesday, October 24, 2012 3:35 PM To: Bill Gi bson Subject: FW: Golf Course Renovations unit 20 From: Malia Cox Nobrega [mailto:malia@crossroadsvail.com] Sent: Wednesday, October 24,20122:13 PM To: Council Dist List; CommDev Cc: Cynthia Scott Subject: Fwd: Golf Course Renovations unit 20 Please see the letter from the owner of Vail Golfcourse Townhomes unit 20 below. Thank you. ----------Forwarded message ---------­ From: cynthia scott <scottmahaffyclan@gmail.com> Date: Wed, Oct 24,2012 at 1 :01 PM Subject: Re: Golf Course Renovations To: Malia Cox Nobrega <malia@crossroadsvail.com> Cc: commdev@vailgov.com, Alberto Abed <f1ymex042752@aol.com>, Alexander Bracken <alexander.bracken@cusys.edu>, 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 <ma~in.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 <lynniebabe@,earthlink.net>, David Zinn <ahhso@aol.com>, "Earl 1. Rusnak, Jr." <ERUSNAK@Qarrisassoc.com>, George Hallenbeck <george@hallenbeck.com>, Helen & Morris Ginsburg <morrisginsburg@mindspring.com>, James & Elaine Lunney <JLWUley@wealthstratgroup.com>, Jean Gordo <JMG412@aol.com>, 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@nexxuscapital.com>, Manuel Girault <manuel.girault@avemex.com.mx>, Michael & Valerie Katz <mkatz@mkreg .com>, "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@,botmail.com>, Robert Trotta <bob@resort.co.uk>, "Robert W. Geyer" <rwgever@sunsetautogroup.com>, "Sergio 1. and Sara Armella" <sergio armella@cyvsa .com>, Spencer SwaIm <sswalm@twgservices.com>, Steve & Brigid Wilkening <BrigidWilkening@aol.com>, Susan Townsend <drsusantownsend@gmail.com>, 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" <veinsonlinel (Q)yahoo.com>, Lyn Batcheller <batch.joe(@gmail.com>, Manuel Orvananos <maneorva@prodigy.net.mx>, "Marc Lippitt Mr. Scott Shwayder" <mlippitt@unigueprop.com>, "Michael S. Barish" <mbarish@cambiar.com>, "Philip L. Bernstein" <pbernstein@jacobstern.com> Thank you Alyne, for your comprehensive letter. You address many of my concerns also. We are thrilled about the much needed renovation of the GolfINordic Clubhouse. And, I too, am grateful for the decision to keep the zoning out of "general use." Many thanks for hearing us on this. We have owned Unit 20 for 12 years and have enjoyed the quiet feeling of our home away from home as well as the easy access to the bus stop for heading into town to ski and enjoy the festive hustle and bustle of Vail. We have raised 4 kids here and greatly appreciate the neighborhood feeling and especially the slow speed limits on the often slippery winter crossing of Sunburst Drive to the bus stop. The bus is often VERY full already with all the skiers who park in the golf club parking lot and overflow onto the streets. We also use the Nordic Center and ski track often in the winter and always walk along Sunburst to get there . I have also notice that the summer bike traffic is heavy and increasing already. We are a part of this and use our bikes almost exclusively when we are in town in the summer. I worry that we could have a problem with anything that would further increase the traffic on Sunburst. Certainly, the appeal of the neighborhood would diminish greatly with more cars. I will also add that I have never noticed a problem with errant golf balls at all at our home. I hope that we can somehow avoid the costly litigation process and use that money in other more productive ways. Thank you for listening! Sincerely, Cynthia Mahaffy Scott and Peter Scott Unit 20 On Mon, Oct 22, 2012 at 8:35AM, Malia Cox Nobrega <malia@crossroadsvail.com> wrote: 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 ollgoing project plans at the Vail Golf Course l area. 2 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 appropriat 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 th 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 i quiet and out of the "hustle and bustle" of the main Vail area . It feels a bit like the reasons for our I 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 w 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 3 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." 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 \b1ia Cox Nobrega Cn1ssroads R\:!ally Ltd malia@crossroadsvail.com www.searchvailmls.com 970-476-4300onicl' 970-977-1041 cellular 970-479-9534 fax 4 Cynthia Y. Scott 303-517-5117 Malia Cox Nobrega Crossroads Realty Ltd malia@crossroadsvail.com www.searchvailmls.com 970-476-4300 office 970-977-1041 cellular 970-479-9534 fax 5 Bill Gibson From: Lynne Campbell on beha lf of CommDev Sent: Wednesday, October 24, 2012 3:33 PM To: Bill Gibson Subject: FW: Golf Course Renovations From: cynthia scott [mailto:scottmahaffycJan@gmail.com] Sent: Wednesday, October 24, 2012 1:01 PM To: Malia Cox Nobrega Cc: CommDev; Alberto Abed; Alexander Bracken; Enrique R Miranda Paz; Eric Balzer; James F. Tiampo; Jose Lanzagorta i Juan M Garcia; Marvin Heln; Michael Grlffinger; Waldo F. Geiger; Abbey & Alyne Kaplan; Bernard Minkow; Bob Rule; Brooks and Linda lug; Dave and Lynne Creager; David linn; Earl J. Rusnak, Jr.; George Hallenbeck; Helen & Morris Ginsburg; James & Elaine Lunney; Jean Gordon; Jean Hall; Jeff & Adele Stalder; John & Penny Terhar; John and Susan Gowen; John L. Griebling; Jorge Conseco; Jorge Dunand; Leonard J. & Laura Berlik; Luis Harvey; 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 Kivland; Brian Barish; Curtis and Krls Olson; Dennis Scioli; Donald Ferlic; Dunvll Properties LLC; Harry Stephenson; Kevin Murphy; Lee G. Schulman; Lyn Batcheller; Manuel Orvananos; Marc Lippitt Mr. Scott Shwayder; Michael S. Barish; Philip L. Bernstein Subject: Re: Golf Course Renovations Thank you Alyne, for your comprehensive letter. You address many of my concerns also . We are thrilled about the much needed renovation of the GolflNordic Clubhouse. And, I too, am grateful for the decision to keep the zoning out of"general use." Many thanks for hearing us on this. We have owned Unit 20 for 12 years and have enjoyed the quiet feeling of our home away from home as well as the easy access to the bus stop for heading into town to ski and enjoy the festive hustle and bustle of Vail. We have raised 4 kids here and greatly appreciate the neighborhood feeling and especially the slow speed limits on the often slippery winter crossing of Sunburst Drive to the bus stop. The bus is often VERY full already with all the skiers who park in the golf club parking lot and overflow onto the streets. We also use the Nordic Center and ski track often in the winter and always walk along Sunburst to get there. I have also notice that the swnmer bike traffic is heavy and increasing already. We are a part of this and use our bikes almost exclusively when we are in town in the swnmer. I worry that we could have a problem with anything that would further increase the traffic on Sunburst. Certainly, the appeal of the neighborhood would diminish greatly with more cars. I will also add that I have never not iced a problem with errant golf balls at all at our home. I hope that we can somehow avoid the costly litigation process and use that money in other more productive ways . Thank you for listening! Sincerely, Cynthia Mahaffy Scott and Peter Scott Unit 20 On Mon, Oct 22,2012 at 8:35 AM, Malia Cox Nobrega <malia@,crossroadsvail.com> wrote : 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 Renovat ions . Thank you I am the owner of Unit 55 at the Vail Golf Course Townhomes. My husband and I have owned our th is 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 appropriat 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 th l summer there are numerous bikers, including man: small children riding to the connecting bike path I 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 w 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." 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 j ust 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 manqger 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, 3 Alyne Kaplan \tt l ia Co;.; N~)brcg::l Crossro,lds Realty Ltti rnalia@erossroadsvail.eorn 'Nww.searehvailmls.eorn 970-476-4300 office 970-977-1041 cellular 970-479-9534 fa;.; Cynthia Y. Scott 303-517-5117 4 Bill Gibson From: David Rhoades on behalf of CommDev Sent: Monday, October 22, 2012 3:37 PM To: Bill Gibson Subject: FW: Golf Course Renovations From: Malia Cox Nobrega [mailto:malia@crossroadsvail,com] Sent: Monday, October 22, 2012 2:25 PM To: CommDev; Coundl Dist List Cc: Enrique R Miranda Paz Subject: Fwd: Golf Course Renovations Please see the below email from Enrique Miranda from Vail Golfcourse Townhome Unit 19. ----------Forwarded message ---------­ From: Enrique R Miranda Paz <emiranda@miranda.com.mx> Date: Mon, Oct 22, 2012 at 12:29 PM Subject: Re: Golf Course Renovations To: Eric Balzer <Eric.Balzer@ramtron.com> Cc: Michael Katz <mkatz@mkreg.com>, "malia@crossroadsvail.com" <malia@crossroadsvail.com>, "commdev@vailgov.com" <commdev@vailgov.com>, "flymex042752@aol.com" <flymex042752@aol.com>, "alexander.bracken@cusys.edu" <alexander. bracken@cusys.edu>, "scottmahaffyc1an@gmail.com" <scottmahaffyclan@gmail.com>, "jtiampo@mbaI987.hbs.edu" <jtiampo@mba1987.hbs.edu>, "jose.lanzagorta@avemex.com.mx" <jose.lanzagorta@avemex.com.mx>, "aquevedo@notaria55.com" <aquevedo@notaria55.com>, "marvin.c.hein@gmail.com" <marvin .c.hein@gmail.com>, "griffinger@gibbonslaw .com" <griffinger@gibbonslaw.com>, "wallygeiger@prodigy.net" <wallygeiger@prodigy .net>, "awk3569@gmail.com" <awk3569@gmail.com>, "bminkow@mac.com" <bminkow@mac .com>, "bobrule@hotmail.com" <bobrule@hotmail.com>, "bzug@harbourvest.com" <bzug@harbourvest.com>, "lynniebabe@earthlink.net" <lynniebabe@earthlink.net>, "ahhso@aol.com" <ahhso@aol.com>, "ERUSNAK@harrisassoc.com" <ERUSNAK@harrisassoc.com>, "george@hallenbeck.com" <george@hallenbeck.com>, "morrisginsburg@mindspring.com" <morrisginsburg@mindspring.com>, "JLunney@wealthstratgroup.com" <JLunney@wealthstratgroup.com>, "JMG412@aol.com" <JMG412@aol.com>, "DANDJHALL@aol.com" <DANDJHALL@aol.com>, "j stalder@fsf-law.com" <j stalder@fsf-law.com>, "jterhar@sthmotors.com" <jterhar@sthmotors.com>, "j gowen@lgi .com" <j gowen@lgi.com>, "ngriebling@comcast.net" <ngriebling@comcast.net>, "jecanseco@sbcglobal.net" <jecanseco@sbcglobal.net>, "gdunand@ferrioni.com" <gdunand@ferrioni.com>, "ljb59@verizon .net" <ljb59@verizon .net>, "lharvey@nexxuscapital.com" <lharvey@nexxuscapital.com>, "manuel.girau1t@avemex.com.mx" <manuel.girault@avemex.com.mx> We owns unit 19 at The Golf Course and we agree with the below mails. Mirathi SA de CV Sent from my iPhone On 2211 0/20 12, at 11 :49, Eric Balzer <Eric.Balzer@RAMTRON.com> wrote: 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@mkreq.com] Sent: Monday, October 22, 2012 8:59 AM To: malia@crossroadsvall.com; commdev@vailgov.com Cc: flymex042752@aol.com; alexander.bracken@cusys.edu; scottmahaffyclan@qmail.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; Iynniebabe@earthlink.net; ahhso@aol.com; ERUSNAK@harrisassoc.com; george@hailenbeck.com; morrisginsburg@mindspring.com; JLunney@wealthstratgroup.com; JMG412@aol.com; DANDJHALL@aol.com; j stalder@fsf-Iaw.com; jterhar@sthmotors.com; jgowen@lqi.com; ngriebllnq@comcast.net; lecanseco@sbcglobal.net; qdunand@ferrioni.com; Ijb59@verizon.net; Iharvey@nexxuscapital.com; manuel.qirault@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 From: Malia Cox Nobrega [mailto:malia@crossroadsvail.com] Sent: Monday, October 22, 2012 09:35 AM Central Standard Time To: commdev@vailgoy.com <commdev@vailgov.com> Cc: Alberto Abed <flymex042752@aol.com>; Alexander Bracken <alexander.bracken@cusys .edu>; Cynthia Scott <scottmahaffyclan@gmail.com>; 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 <aquevedo@notaria55.com>; Marvin Hein <marvin .c.hein@gmail.com>; Michael Griffinger <griffinger@glbbonslaw.com>; Waldo F. Geiger <wallygelqer@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@aol.com>; Earl J. Rusnak, Jr. <ERUSNAK@harrisassoc.com>; George Hallenbeck <georqe@hallenbeck.com>; Helen & Morris Ginsburg <morrisqinsburg@mindspring.com>; James & Elaine Lunney <JLunney@wealthstratqroup.com>; Jean Gordon <JMG412@aol.com>; Jean Hail <OANOJHALL@aol.com>; Jeff & Adele Stalder <; stalder@fsf-Iaw.com>; John & Penny Terhar <jterhar@sthmotors.com>; John and Susan Gowen <jgowen@lgi,com>; John L. Griebling 2 <ngriebling@comcast.net>; Jorge Conseco <jecanseco@sbcglobal.net>; Jorge Dunand <gdunand@ferrionLcom>; Leonard J. & Laura Berlik <ljb59@verizon.net>; Luis Harvey <lharvey@nexxuscaDital.com>; 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@sunsetautogrouD.com>; Sergio J. and Sara Armella <sergio armella@cwsa.com>; Spencer Swaim <S5walm@twgservices.com>; Steve & Brigid Wilkening <BrigidWilkening@aol.com>; Susan Townsend <drsusantownsend@gmaiLcom>; 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.D.murphy@comcast.net>; Lee G. Schulman <veinsonlinel@yahoo.com>j Lyn Batcheller <batch.j oe@qmail.com>; Manuel Orvananos <maneorva@prodiqy.net.mx>; Marc Lippitt Mr. Scott Shwayder <mlippitt@uniqueprop.com>i Michael S. Barish <mbarish@cambiar.com>; Philip L. Bernstein <pbernstein@jacobstern.com> Subject: Fwd: Golf Course Renovations Please see the below email from one ofthe 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 has changed its plans from trying to rezone to general 3 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 4 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 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, 5 Alyne Kaplan Malia Cox Nobrega Crossroads Realty Ltd mal ia{a{crossroads vail. com www.searchvailmls.com 970-476-4300 office 970-977-1041 cellular 970-479-9534 fax Malia Cox Nobrega Crossroads Realty Ltd malia@crossroadsvail.com www.searchvailmls.com 970-476-4300 office 970-977-1041 cellular 970-479-9534 fax 6 Bill Gibson From: David Rhoades on behalf of CommDev Sent: Monday, October 22, 2012 3:37 PM To: Bill Gibson Subject: FW: Golf Course Renovations From: Malia Cox Nobregq [mailto:malia@crossroadsvail.com] Sent: Monday, October 22, 20122:26 PM To: CommDev; Council Dist List Cc: Enrique R Miranda Paz Subject: Fwd: Golf Course Renovations Please see the below email from Enrique Miranda from Vail Golfcourse Townhome Unit 19. ----------Forwarded message ---------­ From: Enrique R Miranda Paz <emiranda@miranda.com.mx> Date: Mon, Oct 22,2012 at 12:29 PM SUbject: Re: Golf Course Renovations To: Eric Balzer <Eric.Balzer@ramtron.com> Cc: Michael Katz <mkatz@mkreg.com>, "malia@crossroadsvail.com" <malia@crossroadsvail.com>, "commdev@vailgov.com" <commdev@vailgov.com>, "flymex042752@aol.com" <flymex042752@aol.com>, "alexander. bracken@cusys.edu" <alexander. bracken@cusys.edu>, "scottmahaffycl an@gmail.com" <scottmahaffyclania),gmail.com>, "jtiampo@mba1987.hbs.edu" <jtiampo@mba1987.hbs.edu>, "jose.lanzagorta@avemex.com.mx" <jose.lanzagorta@avemex.com.mx>, "aquevedo@notaria55.com" <aquevedo@notaria5 5 .com>, "marvin.c.hein@gmail.com" <marvin.c.hein@gmail.com>, "griffinger@gibbonslaw.com" <griffinger@gibbonslaw.com>, "wallygeiger@prodigy.net" <wallygeiger@prodigy.net>, "awk3569@gmail.com" <awk3569@gmail.com>, "bminkow@mac.com" <bminkow@mac.com>, "bo brule@hotmail.com" <bobrule@hotmail.com>, "bzug@harbourvest.com" <bzug@harbourvest.com>, "lynniebabe@earthlink.net" <lynniebabe@earthlink.net>, "ahhso@aol.com" <ahhso@aol.com>, "ERUSNAK@harrisassoc.com" <ERUSNAK@harrisassoc.com>, "george@hallenbeck.com" <george@hallenbeck.com>, "morrisginsburg@mindspring.com" <morrisginsburg@mindspring.com>, "JLunney@wealthstratgroup.com" <JLunney@wealthstratgroup.com>, "JMG412@aol.com" <JM G412@aol.com>, "DANDJHALL@aol.com" <DANDJHALL@aol.com>, "j stalder@fsf-law.com" <j stalder@fsf-law.com>, "jterhar@sthmotors.com" <jterhar@sthmotors.com>, "j gowen@lgi.com" <j gowen@lgi.com>, "ngriebling@comcast.net" <ngriebling@comcast.net>, "j ecanseco@sbcglobal.net" <j ecanseco@sbcglobal.net>, "gdunand@ferrioni .com" <gdunand@ferrioni.com>, "I jb5 9ia),verizon.net" <Ij b59@verizon.net>, "Iharvey@nexxuscapital.com" <I harvey@nexxuscapital.com>, "manuel.girault@avemex.com.mx" <manuel.girault@avemex.com.mx> We owns unit 19 at The Golf Course and we agree with the below mails. Mirathi SA de CV Sent from my iPhone On 22110/2012, at 11 :49, Eric Balzer <Eric.Balzer@RAMTRON.com> wrote: 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.com] Sent: Monday, October 22, 20128:59 AM To: malia@crossroadsvall.com; commdev@vailqov.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; aquevedo@notaria55.com; marvin.c.hein@qmail.com; qriffinger@qibbonslaw.com; wallygeiger@prodjgy.net; awk3569@qmail.com; bminkow@mac.com; bobrule@hotmail.com; bzug@harbourvest.com; Iynniebabe@earthlink.net; ahhso@aol.com; ERUSNAK@harrisassoc.com; george@hallenbeck.com; morrlsqlnsburg@mindsprinq.com; JLunney@wealthstratqroup.com; JMG412@aol.com; DANDJHALL@aol.com; j stalder@fsf-Iaw.com; jterhar@sthmotors.com; jqowen@lqi,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 From: Malia Cox Nobrega [mailto:malia@crossroadsvail.com] Sent: Monday, October 22, 2012 09:35 AM Central Standard lime To: commdev@vailgov.com <commdev@vailgov.com> Cc: Alberto Abed <flymex042752@aol.com>; Alexander Bracken <alexander.bracken@cusvs.edu>; Cynthia Scott <scottmahaffyclan@gmail.com>; Enrique R Miranda Paz <emlranda@miranda.com,mx>; Eric Balzer <erlc.balzer@ramtron.com>; James F. liampo <jtiampo@mba1987.hbs.edu>; Jose Lanzagorta <jose.lanzagorta@avemex.com.mx>; Juan M Garcia <aquevedo@notaria55.com>; Marvin Hein <marvin.c.hein@gmail.com>; Michael Griffinger <qriffinger@gibbonslaw.com>; Waldo F. Geiger <wallygeiger@prodigy.net>; Abbey & Alyne Kaplan <awk3569@qmall.com>i Bernard Minkow <bminkow@mac.com>; Bob Rule <bobrule@hotmail.com>; Brooks and Linda Zug <bzuq@harbourvest.com>; Dave and Lynne Creager <Iynniebabe@earthlink.net>; David Zinn <ahhso@aol.com>; Earl J. Rusnak, Jr. <ERUSNAK@harrlsassoc.com>; George Hallenbeck <qeorqe@hallenbeck.com>; Helen & Morris Ginsburg <morrisqinsburq@mindsDring.com>; James & Elaine Lunney <JLunney@wealthstratgroup.com>; Jean Gordon <JMG412@aol.com>; 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 2 <nqriebling@comcast.net>; Jorge Conseco <jecanseco@sbcglobal.net>; Jorge Dunand <qdunand@ferrionLcom>; Leonard J. & Laura Berlik <lib59@verizon.net>; Luis Harvey <Iharvey@nexxuscapital.com>; Manuel Girault <manuel.qirault@avemex.com.mx>i Michael Katzi Peter M. & Helena M. Leslie <hglnyc@aoJ.com>; Rebeca Jimenez-Campos <rebecajimguerra@yahoo .com>; Rene & Aurora Leon <reneleon@erreele.com.mx>i Richard & Sandra Collier <dads4wood@hotmail.com>; Robert Trotta <bob@resort.co.uk>; Robert W. Geyer <rwgeyer@sunsetautoqroup.com>; Sergio J. and Sara Armella <sergio armella@cwsa.com>i Spencer Swaim <sswalm@twgservices.com>; Steve & Brigid Wilkening <BrigldWilkening@aol.com>i Susan Townsend <drsusantownsend@qmall.com>; Arlene Bobrow <asbobrow@yahoo.com>; Bob and Liz Kivland <bllinreiliy@yahoo.com>; Brian Barish <eabarish@gmallcom>; Curtis and Kris Olson <curtis­ olson@comcast.net>; Dennis Scioli <gemvest@yahoo.com>; Donald Ferlic <sf8888@aol.com>; Dunvil Properties LLC <dvilchls@casasarko.com.mx>; Harry Stephenson <hcseyemd@aol.com>; Kevin Murphy <kevin.p.murohy@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@unigueprop.com>; Michael S. Barish <mbarish@cambiar.com>; Philip L. Bernstein < Dbemstei n@jacobstem.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 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 3 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 4 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." 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. 5 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 Malia Cox Nobrega Crossroads Realty Ltd malia(aJ,crossroadsvail.com www.searchvailmls.com 970-476-4300 office 970-977 -1041 cellular 970-479-9534 fax 6 Bill Gibson From: David Rhoades on behalf of CommDev Sent: Monday, October 22, 2012 3:38 PM To: Bill Gibson Subject: FW: Golf Course Renovations From: Malia Cox Nobrega [mailto:malia@crossroadsvail.com] Sent: Monday, October 22, 2012 2:41 PM To: Council Dist List; CommDev Subject: Fwd: Golf Course Renovations Please below email from unit 41 owner at Vail Golfcourse Townhomes. ----------Forwarded message ---------­ From: Luis Harvey M <lharvey@nexxuscapital.com> Date: Mon, Oct 22, 2012 at 11 :22 AM Subject: Re: Golf Course Renovations To: Eric Balzer <Eric.Balzer@ramtron.com> Cc: Michael Katz <mkatz@mkreg.com>, "malia@crossroadsvail.com" <malia@crossroadsvail.com>, "commdev@vailgov.com" <commdev@vailgov.com>, "flymex042752@aol.com" <tlymex042752@aol.com>, "alexander.bracken@cusys.edu" <alexander.bracken@cusys.edu>, "scottmahaffyclan@gmail.com" <scottmahaffyclan@gmail.com>, "erniranda@miranda .com.mx" <emiranda@miranda.com.mx>, "jtiampo@mba1987.hbs.edu" <jtiampo@mba1987.hbs.edu>, "jose.lanzagorta@avemex.com.mx" <jose.lanzagorta@avemex .com.rnx>, "ag uevedo@notaria5 5 .com" <aq uevedo@notaria5 5 .com>, "marvin.c.hein@gmail.com" <marvin.c.hein@gmail.com>, "griffinger@gibbonslaw.com" <griffinger@gibbonslaw.com>, "wallygei ger@prodigy.net" <wallygeiger@prodigy.net>, "awk3569@gmail.com" <awk3569@gmaiI.com>, "bminkow@mac.com" <bminkow@mac.com>, "bobrule@hotmail.com" <bobrule@hotmail.com>, "bzug@harbourvest.com" <bzug@harbourvest.com>, "lynniebabe@earthlink.net" <IYlliliebabe@earthlink.net>, "ahhso@aol.com" <ahhso@aol.com>, "ERUSNAK@harrisassoc.com" <ERUSNAK@harrisassoc.com>, "george@hallenbeck.com" <george@hallenbeck.com>, "morrisginsburg@mindspring.com" <morrisginsburg@mindspring.com>, "JLunney0),wealthstratgroup.com" <JLulliley@wealthstratgroup.com>, "JMG412@aol.com" <JMG412@aol.com>, "DANDJHALL@aol.com" <DANDJHALL@aol.com>, "j stalder@fsf-Iaw.com" <j stalder@fsf-Iaw.com>, "jterhar@sthmotors.com" <jterhar@sthmotors.com>, "j gowen@lgi.com" <j gowen@lgi.com>, "ngriebling@comcast.net" <ngriebling@comcast.net>, "jecanseco@sbcgJobal.net" <jecanseco0),sbcglobal.net>, "gdunand@ferrioni.com" <gdunand@ferrioni.com>, "ljb59@verizon.net" <ljb59@verizon.net>, "manuel.girault@avemex.com.mx" <manuel .girault@avemex.com.mx> I am the owner of unit 41. I atrongly agree with the comments below. I hope the town reconsiders its plans. Regards Luis Al berto Harvey Nexxus Capital, S.A. de C.V. Vasco de Quiroga # 3880, piso 2 Santa Fe, D.F. 05348 Phone: +52-555-292-3400 US Phone: + 1-646-415-8719 Email: lharvey@nexxuscapital.com Sent from my iPhone On 22110/2012, at 11:50, "Eric Balzer" <Eric .Balzer@RAMTRON.com> wrote: 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@mkreq.com] 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; aquevedo@notaria55.com; marvin.c.heln@gmall.com; griffinger@qibbonslaw.com; wallygeiger@prodigy.net; awk3569@qmail.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; j stalder@fsf-Iaw.com; jterhar@sthmotors.com; jqowen@lqi.com; nqriebling@comcast.net; jecanseco@sbcqlobal.net; gdunand@ferrioni.com; Ijb59@verizon.net; Iharvey@nexxuscapital.com; manuel.g irau It@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 From: Malia Cox Nobrega [mailto:malia@crossroadsvall.com] Sent: Monday, October 22, 2012 09:35 AM Central Standard Time To: commdev@vallqov.com <commdev@vailgov.com> Cc: Alberto Abed <f1ymex042752@aol.com>; Alexander Bracken <alexander.bracken@cusys.edu>; Cynthia Scott <scottmahaffyclan@gmail.com>; 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 <aquevedo@notaria55.com>; Marvin Hein <marvin.c.hein@qmail.com>; Michael Griffinger <griffinger@gibbonslaw.com>; Waldo F. Geiger 2 <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@aol.com>; Earl J. Rusnak, Jr. <ERUSNAK@harrisassoc.com>; George Hallenbeck <qeorge@hallenbeck.com>; Helen & Morris Ginsburg <morrisqlnsburq@mindsprinq.com>; James & Elaine Lunney <JLunney@wealthstratgroup.com>; Jean Gordon <JMG412@aol.com>; Jean Hall <DANDJHALL@aol.com>; Jeff & Adele Stalder <j stalder@fsf-Iaw.com>; John & Penny Terhar <jterhar@sthmotors.com>; John and Susan Gowen <jqowen@lqi.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 <Iharvey@nexxuscapital.com>; Manuel Glrault <manuel.girault@avemex.com.mx>; Michael Katz; Peter M. & Helena M. leslie <hglnyc@aol.com>; Rebeca JimeneZ-Campos <rebecaiimguerra@yahoo.com>; Rene & Aurora Leon <reneleon@erreele.com.mx>; Richard &Sandra Collier <dads4wood@hotmail.com>; Robert Trotta <bob@resort.co.uk>; Robert W. Geyer <rwgever@sunsetautoqrouD.com>; Sergio J. and Sara Armella <sergio armelia@cvvsa.com>i Spencer Swaim <sswalm@twqservices.com>; Steve & Brigid Wilkening <BrigidWilkening@aol.com>; Susan Townsend <drsusantownsend@gmail.com>; Arlene Bobrow <asbobrow@yahoo.com>; Bob and Liz Kivland <bilinreilly@yahoo.com>; Brian Barish <eabarish@gmail.com>; Curtis and Kris Olson <Q.!.!1§: 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@gmall.com>; Manuel Orvananos <maneorva@prodigy.net.mx>; Marc Lippitt Mr. Scott Shwayder <mliopitt@uniqueprop.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@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 al\ 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. 3 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 bO(.1ght 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 Va il 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 4 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." 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. 5 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 Este mensaje y sus anexos son confidenciales. Si usted no es el destinatario, Ie suplicamos notificarlo al remitente y no utilizarlo, copiarlo 0 divulgar su contenido. Muchas gracias. This e­ mail and its attachments are confidential. If you are not the intended recipient, please advise the sender and do not use them, copy or disclose their contents. Thank you Este mensaje y sus anexos son confidenciales. Si usted no es el destinatario, Ie suplicamos notificarlo al remitente y no utilizarlo, copiarlo 0 divulgar su contenido. Muchas gracias. This e-mail and its attachments are confidential. If you are not the intended recipient, please advise the sender and do not use them, copy or disclose their contents. Thank you Malia Cox Nobrega Crossroads Realty Ltd 6 malia@crossroadsvail.com wv.,rw.searchvailmls .com 970-476-4300 office 970-977-1041 ceJlular 970-479-9534 fax 7 Bill Gibson From: David Rhoades on behalf of CommDev Sent: Monday, October 22, 2012 3:37 PM To: Bill Gibson Subject FW: Golf Course Renovations From: Malia Cox Nobrega [mailto:malia@crossroadsvail,com] Sent: Monday, October 22, 2012 2:40 PM To: CommDev; Council Dist List Cc: Jean Hall Subject: Fwd: Golf Course Renovations Please see below from owner of Vail Golfcourse Townhome unit 32 ----------Forwarded message ---------­ From: <DANDJHALL@aol.com> Date: Mon, Oct 22,2012 at 11 :06 AM SUbject: Re: Golf Course Renovations To: malia@crossroadsvail.com Great letter. Thanks for forwarding it. Jean Hall In a message dated 10/2212012 9:35:32 A.M . Central Daylight Time, malia@crossroadsvail.com writes: 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 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 park ing 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 cou rse . Bringing more traffic to the situation seems undesirab le on several levels . I just don't see how this can turn out well . I bel ieve many if not most of the owners that bought property in this area did so (and at a substantial prem ium) 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 ma in 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 ne ighbors 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 cont inued plans have left me with pangs of feeling that th is 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 includ ing the Town, but will also undermine the commun ity 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 i n 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 go ing to be impressive enough to put everyone through this . I feel very strongly that many other neighbors agree with my position so I am ask ing 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 2 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 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 4 :26 PM To: Bill Gibson Subject: FW: Golf (ou rse Renovations From: Malia Cox Nobrega [mailto:malia@crossroadsvall.com] Sent: Monday, October 22, 20123:53 PM To: CommDev; Council Dist List Subject: Fwd: Golf Course Renovations Please see the below email from Vail Golfcourse Townhome owner of unit 53 . ----------Forwarded message ---------­ From: Morris Ginsburg <morrisginsburg@mindspring.com> Date: Mon, Oct 22,2012 at 3:49 PM Subject: FW: Fwd: Golf Course Renovations To: Malia Cox Nobrega <malia@crossroadsvail.com> Malia ..As you know we have been in the Vail valley for thirty years and in our present location since 1984. I have read Alyne's comments and agree with all of them and I don't think I could express them any better . Please forward . Morris and Helen Ginsburg Morris Ginsburg H&M Mortgage Manager Phone: 303-221-3200 x104 Fax : 303-221-2744 Email: morrisginsburg@mindspring.com From: Eric Balzer [mailto:Eric.Balzer@RAMTRON.com] Sent: Monday, October 22, 2012 10:49 AM To: Michael Katz; malia@crossroadsvail.com; commdev@vailgov.com Cc: flymex042752@aol.com; alexander .bracken@cusys.edu; scottmahaffyclan@gmail.com; emiranda@miranda .com.mx; jtiamoo@mba1987.hbs.edu; jose.lanzagorta@avemex.com .mxi aguevedo@notaria55.com; marvin.c.hein@qmail.com: griffinger@gibbonslaw.com; waliygeiger@prQdigy.net; awk3569@gmail.com; bmlnkow@mac.com; bobrule@hotmail.com; bzug@harbourvest.com; Iynniebabe@earthlink.net; ahhso@aol.com; ERUSNAK@harrisassoc.com; george@halienbeck.com; morrisqinsburg@mindsprinq.com; JLunney@wealthstratgrOUD .com; JMG412@aol .com; DANDJHALL@aol.com; i stalder@fsf-Iaw.com; jterhar@sthmotors.com; jgoweo@lgi.com; ngriebling@comcast.net; jecanseco@sbcglobal.net; gdunand@ferrionl.com; Ijb59@verizon.net; Iharvey@nexxuscaDital.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.com] Sent: Monday, October 22, 20128:59 AM To: malia@crossroadsvall.com; commdev@vailgov.com Cc: f1ymex042752@aol.com; alexander.bracken@cusys.edu; scottmahaffyclan@qmail.com; emiranda@miranda.com.mx; Eric Balzer; jtiamoo@mba1987.hbs.edu; jose.lanzaqorta@avemex.com.mx; aguevedo@notaria55.com; marvin.c.heln@qmall.com; grlfflnqer@qibbonslaw.com; wallygejqer@prodigy.netj awk3569@gmall.cQm; bminkow@mac.com; bobrule@hotmail.com; bzuq@harbourvest.com; Iynniebabe@earthlink.net; ahhso@aol.com; ERUSNAK@harrisassoc.com; georqe@hallenbeck.com; morrisginsburg@mindspring.com; JLunney@wealthstratgroup.com; JMG412@aol.com; DANDJHALL@aol.com; j stalder@fsf-Iaw.com; jterhar@sthmotors.com; jgowen@lqi.com; nqrieblinq@comcast.net; jecanseco@sbcglobal.net; gdunand@ferrioni.com; Ijb59@verizon.netj I harvey@nexxuscaDital.com; manuel.qirault@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 From: Malia Cox Nobrega [mailto:malia@crossroadsvail.com] Sent: Monday, October 22, 2012 09:35 AM Central Standard Time To: commdev@vailgov.com <commdev@vailgov.com> Cc: Alberto Abed <f1ymex042752@aol.com>; Alexander Bracken <alexander.bracken@cusys.edu>; Cynthia Scott <scottmahaffyclan@gmail.com>; Enrique R Miranda Paz <emiranda@miranda.com.mx>j Eric Balzer <eric.balzer@ramtron.com>; James F. Tiampo <jtiamDo@mbaI987.hbs.edu>; Jose Lanzagorta <jose.lanzagort.a@avemex.com.mx>j Juan M Garcia <aquevedo@notaria55.com>; Marvin Hein <marvin.c.hein@gmail.com>; Michael Griffinger <griffinger@qibbonslaw.com>; Waldo F. Geiger <wallyqeiger@prodigy.net>j Abbey & Alyne Kaplan <awk3569@qmail.com>; Bernard Minkow <bminkow@mac.com>j Bob Rule <bobrule@hotmail.com>; Brooks and Linda Zug <bzuq@harbourvest.com>; Dave and Lynne Creager <Iynniebabe@earthlink.net>; David Zinn <ahhso@aol.com>; Earl J. Rusnak, Jr. <ERUSNAK@harrisassoc.com>j George 2 Hallenbeck <george@hallenbeck.com>; Helen & Morris Ginsburg <morrisginsburg@mlndspring.com>; James & Elaine Lunney <JLunney@wealthstratgrouD.com>; Jean Gordon <JMG412@aol.com>; Jean Hall <DANDJHALL@aol.com>; Jeff &Adele Stalder <j stalder@fsf-Iaw.com>; John &Penny Terhar <jterhar@sthmotors.com>; John and Susan Gowen <jgowen@lgl.com>; John L. Griebling <ngriebling@comcast.net>; Jorge Conseco <jecanseco@sbcqlobal.net>; Jorge Dunand <qdunand@ferrionLcom>; Leonard J. & Laura Berlik <ljb59@verizon.net>; Luis Harvey <Iharvey@nexxuscapital.com>; Manuel Girault <manuel .girault@avemex.com.mx>; Michael Katz; Peter M. & Helena M. Leslie <hqlnyc@aol,com>; Rebeca Jimenez-campos <rebecajimquerra@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@sunsetautoqroup.com>; Sergio J. and Sara Armella <sergio armella@cyvsa.com>; Spencer Swaim <sswalm@twgservices.com>; Steve & Brigid Wilkening <BrigidWilkenlng@aol,com>; Susan Townsend <drsusantownsend@gmail.com>; Arlene Bobrow <asbobrow@yahoo.com>; Bob and Liz Kivland <bllinreilly@yahoo.com>; Brian Barish <eabarish@qmail.com>; Curtis and Kris Olson <curtis-olson@comcast.net>; Dennis Scioli <qemvest@yahoo .com>; Donald Ferlic <sf8888@aol.com>; Dunvil Properties LLC <dvilchis@casasarko.com.mx>; Harry Stephenson <hcseyemd@aol.com>; Kevin Murphy <kevin.p.murohy@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 <mliDDitt@uniqueDrop.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@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 3 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 appropriat 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 th 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 i~ quiet and out. of the "hustle and bustle" of the main Vail area. It feels a bit like the reasons for our I 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 . 4 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.If 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 5 Malia Cox Nobrega Crossroads Realty Ltd malia@crossroadsvail .com www.searchvailmls .com 970-476-4300 office 970-977-1041 cellular 970-479-9534 fax Malia Cox Nobrega Crossroads Realty Ltd malia@crossroadsvail.com www.searchvailrnls.com 970-476-4300 office 970-977-1041 cellular 970-479-9534 fax 6 I Bill Gibson From: Lynne Campbell on behalf of CommDev Sent: Wednesday, October 24, 2012 10:28 AM To: Bill Gibson Subject: FW: Golf Course Renovations From: Malia Cox Nobrega [mailto:malia@crossroadsvail,com] Sent: Tuesday, October 23, 2012 12:38 PM To: Council Dist List; CommDev Cc: Donald Ferlic Subject: Fwd: Golf Course Renovations Please see the below email from the owner of unit 64 from the Vail Golfcourse Townhomes. ----------Forwarded message ---------­ From: <SF8888@aol.com> Date: Tue, Oct 23,2012 at 11:48 AM Subject: Re: Golf Course Renovations To: malia@crossroadsvail.com, commdev@vailgov.com Cc: flymex042752@aol.com, alexander. bracken@cusys.edu, scottmahaffyc lan@gmail.com, emiranda@miranda.com.mx, eric. balzer(a)ramtron.com, jtiampo@mba1987.hbs.edu, iose.lanzagorta@avemex.com.mx, aquevedo@notaria55.com, marvin.c .hein@gmail.com, griffinger@gibbonslaw.com, wallygeiger@prodigy.net, awk3569@gmail .com, bminkow<al,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-Iaw.com, iterhar@sthmotors.com, j gowen@lgi .com, ngriebling@comcast.net, j ecanseco@sbcglobal.net, gdunand@ferrioni.com, Ijb59@verizon .net, Iharvey@nexxuscapital.com, manuel.girault@avemex.com.mx, mkatz@mkreg.com, hglnyc(cil,aol.com, rebecajimguerra@yahoo.com, reneleon@erreele.com.mx, dads4wood@hotmail.com, bob@resort.co.uk, rwgeyer@sunsetautogroup.com, sergio armella@cyvsa.com, sswalm@twgservices.com, BrigidWilkening(a)aol.com, drsusantownsend@gmail.com, asbobrow@yahoo.com, bilinreilly@yahoo.com, eabarish@gmail.com, curtis-olson@comcast.net, gemvest@yahoo.com, dvilchis@casasarko.com.mx, hcseyemd@aol.com, kevin.p.murphy@comcast.net, veinsonline 1 @yahoo.com, batch.joe@gmail.com, maneorva@prodigy.net.mx, mlippitt@unigueprop.com, mbarish@cambiar.com, p bernstein@i aco bstem. com Dear AlII, As owner of golfcourse townhome #64 I appreciate the well thought out and well expressed letter. I feel it does convey our feelings very well, and I urge the town to reconsider their ambitious plans and the potentially negative impact their ideas would create to the golf club area neighborhood. Sincerely, Sharon Ferlic Malia Cox Nobrega Crossroads Realty Ltd malia@crossroadsvail.com www.searchvailmls.com 970-476-4300 office 970-97T.. I041 cellular 970-479-9534 fax 2 Bill Gibson From: Lynne Campbell on behalf of CommDev Sent: Wednesday, October 24,2012 10:28 AM To: 8ill Gibson Subject: FW: Golf Course Renovations From: SF8888@aol.com [mailto:SF8888@aol.com] Sent: Tuesday, October 23, 2012 11:49 AM To: malia@crossroadsvail.com; CommDev Cc: flymex042752@aol.com; alexander.bracken@cusys.edu; scottmahaffyclan@Qmail,com; emiranda@miranda.com.mx; eric.balzer@ramtron.com; jtiampo@mba1987.hbs.edu; jose.lanzagorta@avemex.com.mx; aquevedo@notaria55.com; marvin.c.hein@gmail.com; grfffinqer@qibbonslaw.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@wealthstratgrouD.com; JMG412@aol.com; DANDJHALL@aol.com; j stalder@fsf-Iaw.com: jterhar@sthmotors.com; jgowen@lgi.com; ngriebling@comcast.net; jecanseco@sbcalobal.net; gdunand@ferrioni.com; Ijb59@verizon.net; Iharvey@nexxuscaoital.com; manuel.qirault@avemex.com .mx; mkatz@mkreq.com; hqlnyc@aol,com; rebecajimguerra@yahoo.com; reneleon@erreele.com .mx; dads4wood@hotmail .com; bob@resort.co.uk; rwgeyer@sunsetautogroup.com; sergio armella@cyvsa.com; sswalm@twgservices.com; BrigidWilkening@aol,com; drsusantownsend@gmail.com; asbobrow@yahoo.com; bilinreilly@yahoo.com; eabarish@gmail.com; curtis­ olson@comcast.net; gemvest@yahoo.com; dvi Ichis@casasarko.com.mx; hcseyemd@aol.com; kevin.D.murohy@comcast.net; veinsonlinel@yahoo.com; batch.joe@gmail.com; maneorva@orodigy.net.mx; mlippitt@unlqueprop.com; mbarish@cambiar.com; pbernstein@jacobstern.com Subject: Re: Golf Course Renovations Dear All, As owner of golfcourse townhome #64 I appreciate the well thought out and well expressed letter. I feel it does convey our feelings very well, and I urge the town to reconsider their ambitious plans and the potentially negative impact their ideas would create to the golf club area neighborhood . Sincerely, Sharon Ferlic 1 Bill Gibson From: Lynne Campbell on behalf of CommDev Sent: Wednesday, October 24, 2012 3:35 PM To: Bill Gibson SUbject: FW: Golf Course Renovations unit 20 From: Malia Cox Nobrega [mailto:malia@crossroadsvail.com] Sent: Wednesday, October 24, 20122:13 PM To: Council Dist List; CommDev Cc: Cynthia Scott Subject: Fwd: Golf Course Renovations unit 20 Please see the letter from the owner of Vail Golfcourse Townhomes unit 20 below. Thank you. ----------Forwarded message ---------­ From: cynthia scott <scottmahaffyclan(a),gmail.com> Date: Wed, Oct 24,2012 at 1 :01 PM SUbject: Re: Golf Course Renovations To: Malia Cox Nobrega <malia@crossroadsvail.com> Cc: commdev@vailgov.com, Alberto Abed <f1ymex042752@aol.com>, Alexander Bracken <alexander.bracken(a),cusys.edu>, 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 <aquevedo@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 <lynniebabe@earthlink.net>, David Zinn <ahhso@aol.com>, "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@aol.com>, 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 1. & Laura Berlik" <ljb59@verizon.net>, Luis Harvey <lharvey@,nexxuscapital.com>, Manuel Girault <manuel.girault@avemex.com.mx>, Michael & Valerie Katz <mkatz@mkreg.com>, "Peter M. & Helena M. Leslie" <hglnyc(a),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 1. and Sara Arrnella" <sergio annella@cyvsa.com>, Spencer Swalm <sswalm@twgservices.com>, Steve & Brigid Wilkening <BrigidWilkening@aol.com>, Susan Townsend <drsusantownsend@gmail.com>, Arlene Bobrow <asbobrow@yahoo.com>, Bob and Liz Kivland <bilimeilly@yahoo.com>, Brian Barish <eabarish@gmail.com>, Curtis and Kris Olson <curtis­ olson@comcast.net>, Dennis Scioli <gemvest(a),yahoo.com>, Donald Ferlic <sf8888@aol.com>, Dunvil Properties LLC <dvilchis@casasarko.com.mx>, Harry Stephenson <hcsevemd@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@uniqueprop.com>, "Michael S. Barish" <mbarish@cambiar.com>, "Philip L. Bernstein" <pbernstein@jacobstern.com> 1 Thank you Alyne, for your comprehensive letter. You address many of my concerns also. We are thrilled about the much needed renovation of the GolflNordic Clubhouse. And, I too, am grateful for the decision to keep the zoning out of"general use." Many thanks for hearing us on this. We have owned Unit 20 for 12 years and have enjoyed the quiet feeling of our home away from home as well as the easy access to the bus stop for heading into town to ski and enjoy the festive hustle and bustle of Vail. We have raised 4 kids here and greatly appreciate the neighborhood feeling and especially the slow speed limits on the often slippery winter crossing of Sunburst Drive to the bus stop. The bus is often VERY full already with all the skiers who park in the golf club parking lot and overflow onto the streets. We also use the Nordic Center and ski track often in the winter and always walk along Sunburst to get there. I have also noticed that the sununer bike traffic is heavy and increasing already. We are a part of this and use our bikes almost exclusively when we are in town in the summer. I worry that we could have a problem with anything that would further increase the traffic on Sunburst. Certainly, the appeal of the neighborhood would diminish greatly with more cars. I will also add that I have never noticed a problem with errant golf balls at all at our home. I hope that we can somehow avoid the costly litigation process and use that money in other more productive ways. Thank you for listening! Sincerely, Cynthia Mahaffy Scott and Peter Scott Unit 20 On Mon, Oct 22,2012 at 8:35 AM, Malia Cox Nobrega <malia@crossroadsvail.com> wrote: 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 . 2 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." 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 Re:.Jlly Ltd malia@crossroadsvail.com www.searchvailmls.com 970-476-4300oAice 970-977-1041 cellui:.Jr 970-479-9534 lax 4 CYl1lh.ia 'r'. Scott 303-517-5117 Malia Cox Nobrega Crossroads Realty Ltd malia@crossroadsvail.com www.searchvailmls.com 970-476-4300 office 970-977-1041 cellular 970-479-9534 fax 5 Bill Gibson From: Lynne Campbell on behalf of CommDev Sent: Wednesday, October 24, 2012 3:33 PM To: Bill Gibson Subject: FW: Golf Course Renovations -----Original Message----­ From: Eric Balzer [mailto:Eric.Balzer@RAMTRON.com] Sent: Wednesday, October 24,2012 1:28 PM To: cynthia scott Cc: Malia Cox Nobrega; CommDev; Alberto Abed; Alexander Bracken; Enrique R Miranda Paz; 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 Zinn; Earl J. Rusnak, Jr.; George Hallenbeck; Helen & Morris Ginsburg; James & Elaine Lunney; Jean Gordon; Jean Hall; Jeff & Adele Stalder; John & Penny Terhar; John and Susan Gowen; John L. Griebling; Jorge Conseco; Jorge Dunand; Leonard J. & Laura Berlik; Luis Harvey; 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 Kivland; Brian Barish; Curtis and Kris Olson; Dennis Scioli; Donald Ferlic; Dunvil Properties LLC; Harry Stephenson; Kevin Murphy; Lee G. Schulman; Lyn Batcheller; Manuel Orvananos; Marc Lippitt Mr. Scott Shwayder; Michael S. Barish; Philip L. Bernstein Subject: Re: Golf Course Renovations Well put!!! Sent from my iPhone On Oct 24, 2012, at 3:01 PM, "cynthia scott" <scottmahaffyclan@gmail.com<mailto:scottmahaffyclan@gmail.com» wrote: Thank you Alyne, for your comprehensive letter. You address many of my concerns also. We are thrilled about the much needed renovation of the Golf/Nordic Clubhouse. And, I too, am grateful for the decision to keep the zoning out of "general use." Many thanks for hearing us on this. We have owned Unit 20 for 12 years and have enjoyed the quiet feeling of our home away from home as well as the easy access to the bus stop for heading into town to ski and enjoy the festive hustle and bustle of Vail. We have raised 4 kids here and greatly appreciate the neighborhood feeling and especially the slow speed limits on the often slippery winter crossing of Sunburst Drive to the bus stop. The bus is often VERY full already with all the skiers who park in the golf club parking lot and overflow onto the streets. We also use the Nordic Center and ski track often in the winter and always walk along Sunburst to get there. I have also noticed that the summer bike traffic is heavy and increasing already. We are a part of this and use our bikes almost exclusively when we are in town in the summer. I worry that we could have a problem with anything that would further increase the traffic on Sunburst. Certainly, the appeal of the neighborhood would diminish greatly with more cars. I will also add that I have never noticed a problem with errant golf balls at all at our home. I hope that we can somehow avoid the costly litigation process and use that money in other more productive ways. Thank you for listening! Sincerely, Cynthia Mahaffy Scott and Peter Scott Unit 20 On Mon, Oct 22,2012 at 8:35 AM, Malia Cox Nobrega <malia@crossroadsvail.com<mailto:malia@crossroadsvail.com» wrote: Please see the below email from one of the homeowners at the Vail Golfcourse Townhomes. ----------Forwarded message ---------­ From: Alyne Kaplan <awk3569@gmail.com<mailto:awk3569@gmail.com» Date: Fri, Oct 19,2012 at 4:15 PM Subject: Golf Course Renovations To: Malia Cox Nobrega <malia@crossroadsvail.com<mailto: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 SS 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 andl 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 anticiPat r that such a change was a likelihood. I don't know all the specifics or ifthe 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 2 I 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 peryear at this new venue in addition to what already takes place. The single entry roa 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 drivin 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 i 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." I have always felt like a part of this community in all these year 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 t ime 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 3 Malia Cox Nobrega Crossroads Realty Ltd malia@crossroadsvail.com<mailto:malia@crossroadsvail.com> www.searchvailmls.com<http://www.searchvailmls.com> 970-4 76-4300<tel:970-4 76-4300> office 97D-977-1041<tel:970-977 -1041> cellular 970-479-9534<tel:970-479-9534> fax Cynthia Y. Scott 303-517-5117 4 m[E~[EDW[EW W OCT 1 7 LUll W TOWN OF VAIL October 17,2012 Sunburst Drive Homeowners c/o Sam Maslak 1979 Sunburst Drive Vail, CO 81657 Planning and Environmental Commission Town of Vail 75 S . Frontage Road West Vail , Colorado 81657 Re: Vail Golf Course Clubhouse and 18th Hole/Zoning and Conditional Use Permit Dear Planning and Environmental Commission (PEC): As you are aware, the Town of Vail plans to enlarge the Vail Golf Course clubhouse, move the 18th green of the golf course, destroy portions of the 18th hole fairway, and use the entire area as a revenue-and tourism-generating events center. You may also be aware that a number of us-as neighbors who own homes adjacent to or near the Vail Golf Course-have filed a lawsuit to prevent the Town from proceeding with its current plans . To meet its goals, the Town has sought to amend the conditional use permit (CUP) it received in 1986 to expand it in both size and scope. It also seeks to amend the zone district to change the golf course parking lot from a General Use District to an Outdoor Recreation District . Finally, it seeks to amend the zoning for the clubhouse to allow it to increase the clubhouse's height. As citizens and property owners of Vail, we feel it is important for the PEC to be aware of our position regarding the Town's requests. We do not oppose changing the parking lot from a General Use District to an Outdoor Recreation District. We also take no position at this time on the Town's attempt to change zoning relating to height requirements because it is still unclear exactly what the Town will seek (although we reserve the right to oppose the Town's plans in the future once they become more clear). We oppose, however, the Town's request to amend the Conditional Use Permit to allow it to move forward with its proposed changes to the clubhouse, the 18th green, and the 18th hole fairway. While we support the effort to improve the clubhouse, we cannot permit the plan to convert the clubhouse and neighboring area to an event center in violation of the reasonable expectations of the neighborhood, the voters who approved the use of convention center funds for clubhouse improvements, and the golf community. Numerous citizens have raised objections and issues with the Town Council regard ing the proposed changes to the golf course and its clubhouse, indicating that the Town's current plans are unacceptable. Despite this, the Town has refused to address the citizens' concerns or to change its plans in any meaningful way. The issues are numerous and are so intertwined with the Town's current proposals that the only way for the Town to address them is to abandon its current course altogether and begin anew wjth plans to renovate and update the golf course clubhouse within its existing footprint and without moving the 18th green. That was what the Town COW1cil members promised was their intent, that is what the voters approved, and that is what the Vail Golf Course neighbors , citizens of Vail , and golfers support and deserve . Reasons for Opposing the Town's Plans and Application to Amend the CUP We oppose the Town's current plan for the following reasons: 1. Development of Program Without Timely Neighborhood, Golfer, or Other Involvement. The Town failed to engage the neighborhood and many others effectively during the development of its plan for conversion of the 18th hole and the clubhouse until after their plans were fully and privately developed . Even the first notices circulated to the neighborhood, in connection with a PEC meeting held on May 14,2012, were misleading . They referred to the "clubhouse" only and not to the area aroW1d the clubhouse, the 18th green, or the 18th fairway, all of which the Town has, from the beginning, intended to change. Only after two neighborhood owners realized the impact of the program did the rest of the owners in the neighborhood around the Golf Course realize how vast the Town's plans were. By that time, the Town had already traveled so far down its intended path that it either could not or would not change course. It adopted an inflexible position and largely ignored the opinions and opposition of the golf course neighbors , the golfing community, and even some of the members of the Vail Recreation District ("VRD"). 2. Size/Capacity of Project. The material the Tow11 created and circulated on October 8, 2012 clearly indicates that the Town intends to create an event center with an indoor "banquet room" that can accommodate 200 seats (and presumably at least that many people). The Plan also provides for an outdoor events area that will accommodate as many as 500 people. Finally, the CUP the Town seeks is approximately eight times as large as the CUP it received in 1986, which covered only the existing clubhouse footprint. It also is an expansion in scope, since the current CUP does not even mention "events" or "banquets" and provides for a meeting room of only 506 square feet. The floor plans the Town distributed indicate that the banquet room will be 2,728 square feet and the outdoor patio area will be an additional 2,750 square feet. A pre-convene space tied to the banquet room will be 756 square feet. Finally, a "banquet lawn" to the south of the covered patio will add an additional 5,000 square feet. The total space for holding events at the golf course clubhouse will thus total approximately 11,234 square feet. And that does not take into account the CUP's expansion to include the current 18th green and portions of the fairway. 2 , ' By contrast, the pro shop and golfer grille will total only 2,812 square feet. These numbers leave · no doubt that the planned facility will be a large and substantial event center with coincidental golf space rather than a golf clubhouse that also occasionally serves other community functions, which the November 2011 ballot question indicated was the Town's intent. 3. Orientation of Any Event Activity Area. Because the golf course neighbors' homes sit east and south of the clubhouse, the Town's current plans will maximize the nuisance to the neighborhood . The Town intends to configure the new events center so that all banquets and outdoor activities occur to the south and east of the clubhouse. Special events held in this area in the past have been disruptive to the neighborhood and have forced neighbors to call the police. Rather than develop a plan that would reduce the likelihood of such problems, the Town has instead proposed plans that will increase them substantially, both in number and in physical scope. At least one member of the community proposed a potential alternative plan that would have ameliorated many of the golf course neighbors' concerns. The Town refused even to acknowledge that proposal, and weeks after they received it, some members of the Town Council admitted they did not even review it. 4. Parking, Congestion, and Safety Issues. The Town intends to increase the parking lot capacity by roughly 11 %. Although the Town has represented that it no longer desires-as it originally planned-to replace the 18th green with additional parking, it is unlikely that the Town will be able to host the types of events it contemplates without increasing parking capacity and further deteriorating the quality of the golf course. The CUP the Town seeks will allow it to increase the parking lot's size or add other parking at a later date. Moreover, the Town's plans are subject to the requirements of the PEC and the Design Review Board, which could render the commitment of no further parking expansion meaningless if neither the PEC nor the DRB will permit the Town's dramatic expansion plans without significant additional parking. In addition, the Town's plans raise serious safety and congestion concerns. According to its plans, events scheduled at the clubhouse may begin as early as 4 P.M. At that time, golfers will still be on the course and their cars in the parking lot, which will not have the capacity for both golfer vehicles and event attendee vehicles. The result will be individuals parking along the shoulder of Sunburst Drive, which creates hazards for emergency vehicles trying to access the neighborhood, as well as severe congestion for the residents and substantial risk to the bikers and runners who use Sunburst. In sum, there is no way the Town can implement its plans without either expanding the parking lot into the 18th green or creating serious congestion and safety issues. 3 5. Destruction of 18th Fairway and Green. The Town currently plans to shorten the 18th fairway and move the 18th hole east ofthe clubhouse, converting the current 18th green into a putting/practice green that could also host large tent events. Only after voters raised concerns did the Town invent a number of safety concerns in an attempt to justify the move. These safety concerns, which were never mentioned in connection with the proposal to spend convention center funds on this project, are nothing more than a smokescreen that will allow the Town to proceed with cutting off the western third of the 18th hole, all for the purpose of raising revenue for itself through the event center. Even if the Town's "no additional parking" commitment were credible, there is simply no way of knowing how the Town will use that property if it receives the CUP it is requesting, both now and in the future. The uncertainty regarding how the Town intends to use the 18th green will serve as a perpetual cloud over the neighboring properties and will significantly reduce the value of neighboring homes. 6. Noise. The Town 's plans will create noise that will serve as a nuisance to all homeowners along the 18th fairway and current 18th green and in the adjoining townhomes. Indeed, the expansive use of the facility as a revenue-producing events center raises the following concerns regarding noise: a. Orientation of activities. The Town's current proposals place activities in the one location that will maximize the noise nuisance to the homeowners. b. Lack of effective control. The Town has shown an inability to control the noise level of events held in the modest space already at the clubhouse, even when neighbors complain. If the Town succeeds in creating an event center of the magnitude it is proposing, the impact on the neighborhood will be severe. When the windows and doors are opened, the building itself will act as an amphitheater, magnifying the volume of events held there. Music, crowd, and traffic noise will cause a diminution in value of the neighbors' homes . c . Hours of operation . The Town plans to allow music to continue at the new events center until midnight each night and activities may continue to 2 :00 A.M .. The attendees likely will not all leave until some time after that. Such late hours will prevent those in the neighborhood from experiencing any peace and quiet at a late evening hour, something many of the homeowners relied on having when they purchased their properties . d. Estimates suggest the center will host more than 100 events per year, and the number could be substantially more than that. 4 7. Lighting. Lighting associated with evening activities will be a nuisance to the neighborhood in several respects. Because lighting for outside activities will most likely be affixed to the building, it will shine toward the residences, creating a continuing glare. Any lighting sufficient to illuminate the outdoor banquet areas will almost certainly be bright enough to illuminate the adjoining properties as well. And because lighting will be necessary beyond the period when events occur, as people are leaving to their vehicles, it will be a problem well past midnight, resulting in an aggravated impact on the neighboring residences. 8. Erratic Behavior and Lack of Law Enforcement. During past social gatherings at the clubhouse, which were much smaller than that which the Town is proposing to host, the conduct of attendees has often been out of control, resulting in safety issues and disturbance to the neighborhood. And calls to law enforcement have been ineffective. Larger events designed to be outside will only increase such activity. 9. Tents. The CUP the Town is seeking will allow it to use the 18th fairway and the 18th green as a venue to raise large tents under which they can host affairs even larger than those contemplated for the events center itself. Such a use will only exacerbate the issues we have already raised, including noise, lighting, and Wliuly behavior, and will create opportunities for other nuisances and torts, such as trespasses onto the residential properties. The infonnation the Town has circulated indicates that the Town will prohibit private parties from using tents but that the Vail Recreation District may still use tents for special public events. The issues we have raised, however, are as much a concern for public functions as they are for private ones. Moreover, the Town could change its policy in the future to allow tents for private events. 10. Reconfiguration of Driving Range Nets. The Town insists on increasing the height ofthe driving range nets, which will distract golfers, tourists, motorists along 1-70, bikers , and others attempting to enjoy the scenery . No valid reason exists for reconfiguring the driving range nets, especially if the Town abandons its plan to move the 18th green. The movement of the green is what places golfers in danger. The Town's current plan is forcing it to spend large sums of money to address safety concerns that would not exist if the Town would simply reconsider its current course of action. 11. Lack of Buffer to Protect Residences . Whatever activities occur at the current parking lot, the current clubhouse site, or at the current location of the 18th fairway and green, the impacts on the neighborhood will be significant. There is simply no way to buffer the homeowners from the activities . At Donovan Pavilion, the nearest residence to the building is approximately twice the distance as is the nearest residence on Sunburst Drive to the Vail Golf Course clubhouse . In addition, at Donovan, Gore Creek and a wide and dense growth of evergreen trees shield the nearby residences. If this proj ect goes forward in any manner other than by simply creating a quality golf course clubhouse with no significant event facility, the 5 neighborhood residences will experience substantial reduction in value and will require increased protection from both parking activities and event functions. 12. Uncertainty Regarding Zoning and Development Plans. Because of the broad options available under the zoning regulations, if the PEC were to grant the Town's requested changes to the CUP, the Town would have broad flexibility regarding how to use the clubhouse, the 18th green, and the 18th fairway . This is especially true because the Town refuses to be bound by any of the proposals it has put forth to the PEe. The uncertainty regarding how the Town intends to use the property prevents the residents of the adjoining properties from the normal use of their residences, decreases the property and resale value of the golf course neighbors' homes and properties, and leaves open the possibility that the Town will, at a later time, use the property for purposes other than those it now identifies. 13. General Considerations. In addition to the issues identified above, the following more general concerns also warrant consideration: a. the events center will likely compete with a number of local businesses; b. given other event centers that are existing or soon coming on-line, the Town simply does not need another event center or wedding venue; c. the Town would spend far too much on this project, draining its reserves and cOlJunitting future revenues, which will result in less funding to be available for Ford Park improvements and other Town priorities; d. many or all homes and townhomes along Sunburst Drive will lose substantial value, which could result in additional costs to the Town for this project; and e. the operation of the proposed center would be a money-losing proposition, but if the Town were to abandon its plan and limit itself to renovating the clubhouse only within its existing footprint, it could save millions of dollars, which should make the project an operational and financial success. Requested Actions We request that the PEC deny the Town's request to amend the CUP, which needs no amendments to renovate the golf course clubhouse within its current footprint, as the Town promised was its intent. The Town never mentioned to the voters of Vail its intent to move the 6 18th green or to expand the events capacity of the clubhouse in such a dramatic fashion . As long as it intends to do so, we request that the PEC deny the Town's application. The Town must develop the golf course clubhouse in a way that fits within the existing footprint and meets the needs of the entire community, not the demands of a few special interest groups. Respectfully, r5~}/414U1a Samuel H. Maslak For: Luleta Maslak. R. Glenn Hilliard Steven B . Chotin Deborah L. Webster Richard J. Callahan Mary Celeste Callahan Curtis Olson Landon Hilliard Lee Chapman Sandra Chapman Richard Knowlton Nancy Knowlton 7 1 V GC -Golfer Responses -12-16 October 2012 -still opposed ­ I. 2. ".J. 4. 5. 6. 7. 8. 9. 10. II. 12. 13 . 14 . 15. 16 .. 17. 18. 19. 20. 2I. 22. 23. 24. 25. 26. 27. 28. 29. 30. Ginny Wise Todd Hatami Todd Rash Michelle Nordin Bob Zeltrnan Jason Plante Dale Bugby Bruce Fraser Michael Schwartz Steven Thompson Eric Taylor Scott Savage Geordy Ogden Carolyn DeLuca Susan Newsam Stephen Collins Pete Nelson (fax) Peter Woods Bob Essin Bill Nutt Trudy Howe John Carlson Meg Christensen Dennis Koller Linda DeL aria JeffPotto David Goldstein Mary Goldstein William Reisinger John Ahlbrandt RE: Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: RE: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: "Ginny Wise" <gwiseco@gmail.com> Date: 10/12/2012 11:33 AM To: '''Arthur A. Abplanalp, Jr.'" <Art@AbplanalpLawOffice.com> I AM opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center Thank you, Ginny Wise, CPA Wise Software Solutions Office: 303 .351.3794 From: Arthur A. Abplanalp, Jr. [mailto:Art@AbplanalpLawOffice.com] Sent: Friday, October 12, 2012 11:27 AM Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. Regards, Art Abplanalp Law Office of Arthur A. Abplanalp, Jr., LLC I 10f2 10/15/20~2 1:52 PM RE: Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: RE: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: "Todd Hatami" <todd@riden1.com> Date: 10/12/2012 11:35 AM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> Hi Art, I'm am a current Vail Golf Club Pass Holder and am opposed to the plan to destroy the 18th hole and to convert the clubhouse into an event center! Thank you, Todd Hatami From: Arthur A. Abplanalp, Jr. [mailto:Art@AbplanalpLawOffice.com] Sent: Friday, October 12,2012 11:27 AM Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that . In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. Regards, Art Abplanalp Law Office of Arthur A. Abplanalp, Jr., LLC Post Office Box 2800 Vail, Colorado 81658 10f2 10/15/20121 :52 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of ... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: Todd Rash <toddrash@yahoo.com> Date: 10/12/2012 11:41 AM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> totally opposed to the destruction of any part of the golf course! open space is so hard to come by in the vail valley, no change to 18! ! ! NO A.Todd Rash toddrash@yahoo.com volkl / marker western competition service po 3051 VAIL, COLORADO, 81658 SHIP/ 141 MIELE LANE ,EDWARDS COLORADO,81632 970 390 8162 From: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> To: Sent: Friday, October 12, 2012 11:26 AM Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings hav occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course 10f2 10/15/20P 1:52 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of ... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to ... From: Michellejuly11@aol,com Date: 10/12/2012 11 :45 AM To: Art@AbplanalpLawOffice.com I am VEHEMENTLY OPPOSED to the destruction of the 18th hole and Conversion of the Clubhouse!!!!!!! There is no doubt that the clubhouse needs major renovation, BUT THAT'S ALL it needs. The footprint should stay the same. Michelle Nordin, 600 Vail Valley Drive. 10f1 10/15/201 f 1:52 PM le: Vail Golf Course-Destruction of 18th Hole and Conversion of ... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: Bob Zeltman <bobzeltman@yahoo.com> Date: 10/12/2012 11:47 AM To: " Jr.Arthur A. Abplanalp" <Art@AbplanalpLawOffice.com> Hi Art, I am definately opposed to the Town Councils plan and have attended several meetings and written emails to the town council and the Vail Daily! Thanks, Bob Zeltman. ---On Fri, 10/12/12, Arthur A. Abplanalp, Jr. <Art@AbplanalpLawO/fice.com> wrote: From: Arthur A. Abplanalp, Jr. <Art@AbplanalpLawOffice.com> Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center To: Date: Friday, October 12, 2012, 11:39 AM Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. 10f2 10/15/201f 1 :53 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clu bhouse to Event Center From: Jason Plante <jasonskisvail@gmail.com> Date: 10/12/2012 1:02 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> Dear Art, My name is Jason Plante and I received you email, thank you for your hard work. I am a 23 year resident of Vail and I am completely opposed to the plan to destroy number 18. The town uses the excuse that 18 is a danger zone, that is false, they should look at other holes where the danger is worse. My telephone number is (970)-390=6080. Thanks again for the hard work. Jason T. Plante On Oct 12,2012, at 11:26 AM, Arthur A. Abplanalp, Jr. wrote: lY1embers of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. 10f2 10/15/201 ~ 1:53 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: Dale Bugby <DaleFromVail@Hotmail.com> Date: 10/12/2012 1:27 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> I am strongly opposed to any changes to the golf course and clubhouse as proposed. Dale Bugby 970-390-9600 m On Oct 12, 2012, at 1:39 PM, "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> wrote: Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. Regards, Art Abplanalp Law Office of Arthur A. Abplanalp, Jr., LLC 10f2 10/15/201J 1:53 PM I Re: Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: "bruce fraser" <brucerfraser@msn.com> Date: 10/12/2012 1:34 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> Dear Mr. Abplanalp Jr.; I would like to voice my objection and clearly state; "I am opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center" Sincerely, Bruce Fraser Fraser Construction LLC PO Box 2619 Avon Colorado, 81620 bruce@fcbuilds.com www.fcbuilds.com Ph. 970-904-5597 Fax. 970-949-6116 From: Arthur A. Abplanalp. Jr. Sent: Friday, October 12, 2012 11:39 AM Subject: Vail Goif Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. 10f2 10/15/201 f 1:53 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of ... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: Michael Schwartz <theschwartzisstrong@yahoo.com> Date: 10/12/2012 1:40 PM To: " Jr.Arthur A. Abplanalp" <Art@AbplanalpLawOffice.com> I am still opposed to the plan to ruin #18. I also am of the opinion that many of our elected representatives are doing a terrible job of listening to and representing the people who elected them . -Michael Schwartz ---On Fri, 10/12/12, Arthur A. Abplanalp, Jr. <Art@AbplanalpLawO/fice.com> wrote: From: Arthur A . Abplanalp, Jr. <Art@AbplanalpLawOffice.com> Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center To: Date: Friday, October 12, 2012, 11:26 AM Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 1 0f2 10/15/20L 1:53 PM I Re: Vail Golf Course-Destruction of 18th Hole and Conversion of... c Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: "Thompson, Steven C" <taxman@txstate .edu> Date: 10/12/2012 1:51 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> I am opposed to the destruction of the 18th hole. Steve Thompson Sent from my iPad On Oct 12,2012, at 12:26 PM, "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOfficeetruction of com> wrote: Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destructlon of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. 10f2 10/lS/20n 1:S3 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: Bob Zeltman <bobzeltman@yahoo.com> Date: 10/12/20122:10 PM To: Arthur Abplanalp <Art@AbplanalpLawOffice.com> Hi Art, I forwarded your email to my wife. I assu me that Dale Bugby has given you the men's club lists. That line about only 2 people oppose the town council's plan is total BS. Many people have left town that have voiced strong opposition and some are worn down b the process. Thanks, Bob ---On Fri, 10/12/12, Arthur Abplanalp <Art@AbplanalpLawO/fice.com> wrote: From: Arthur Abplanalp <Art@AbplanalpLawOffice.com> Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center To: "Bob Zeltman" <bobzeltman@yahoo.com> Date: Friday, October 12,2012, 12:08 PM Thank you! I believe that your wife/partner also was opposed earlier. If she could confirm her position, that would be helpful, as well. Art Abplanalp I lofl 10/15/2012 1:53 PM I RE: Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: RE: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: "Eric Taylor" <etaylor@jjet.com> Date: 10/12/20122:24 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> I continue to be opposed to this reckless and unnecessary intrusion onto one of the best holes on the course. I appreciate your efforts in halting this illegal (land use restrictions) act. Please keep me informed of when important meetings requiring the presence of opposed individuals are so I can attend and voice opposition. Sincerely, Eric Taylor 2199 Chamonix Lane #4 From: Arthur A. Abplanalp, Jr. [mailto:Art@AbplanalpLawOffice.com] Sent: Friday, October 12, 2012 10:40 AM Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings hav occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case; then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or 10f2 10/15/2°121 :54 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of ... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: surfdork88 <surfdork88@yahoo.com> Date: 10/12/2012 2:28 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> i am opposed to destroying the 18 th hole ( so i agree w choice A ). scott savage Sent from my iPhone On Oct 12, 2012, at 11:26 AM, "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> wrote: Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. Regards, Art Abplanalp Law Office of Arthur A. Abplanalp, Jr., LLC 10f2 10/15/2012 1:54 PM I Re: Vail Golf Course-Destruction of 18th Hole and Conversion of ... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: Geordy Ogden <geordy007@gmail.com> Date: 10/12/2012 2:34 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> Howdy I am against the destruction of 18. Thank you Geordy Ogden 970471-6573 Stay cool On Oct 12,2012, at 11:39 AM, "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> wrote: Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Go!f Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. Regards, lof2 10/15/20 2 1:54 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of ... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: carolyndeluca@comcast.net Date: 10/12/20122:37 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalplawOffice.com> I am opposed to the destruction of #18 and the conversion of the clubhouse to an event center. Carolyn Deluca Ladies League Member -----Original Message ----­ From: Arthur A. Abplanalp, Jr. <Art@AbplanalpLawOffice.com> Sent: Fri, 12 Oct 2012 17:26:48 -0000 (UTC) Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community eariier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program . We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. Regards, 10f2 10/15/20]2 1:54 PM RE: Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: RE: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: SARA NEWSAM <snewsam691@msn.com> Date: 10/12/2012 3:20 PM To: <art@abplanalplawoffice.com> I am opposed to conversion of the clubhouse and neighboring areas of the golf course to an event center. It would seem to me that this is a rush to judgement and that more planning was needed. I like the 18th as it is. Sara l'lewsam Vail Property owner From: Art@AbplanalpLawOffice.com To: Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Date: Fri, 12 Oct 2012 10:39:35 -0700 Members of the Vail Golf Community: This communication fol!ows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. 10f2 10/15/20111:54 PM I Re: Vail Golf Course-Destruction of 18th Hole and Conversion of... ( Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: stephen collins <stcvail@yahoo.com> Date: 10/12/2012 4:06 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice .com> Mr. Abplanalp, I am opposed to the destruction and moving of the 18th green. I have written my council members many times and told them we did not vote to approve the moving of the 18th green. We voted, and approved the remodeling of the clubhouse only! !! And I will make every effort to be at all meetings in the future as a property owner in the town of Vail. I appreciate your work on behalf of the property owners along the 18th hole and the golfmg community. Please keep me aware of any meetings I should attend. Thankyou, Stephen Collins From: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice .com> To: Sent: Friday, October 12, 2012 11:26 AM Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings hav occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know I whether­ lof2 10/15/20~21:54 PM I Re : Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: PETER WOODS <pcwvaiI1@msn.com> Date: 10/12/2012 4:34 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> A. Peter Woods Peter Woods Associate Broker Real Estate at Copper Mountain 970-470-1194 Sent from my iPhone. Please excuse typos. On Oct 12, 2012, at 11:26 AM, "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> wrote: I Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Va i l Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. lof2 lO/15/20 J 1:56 PM I RE: Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: RE: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: "Karen Henry" <hiltonvaiI1@comcast.net> Date: 10/12/2012 7:25 PM To: "'Arthur A. Abplanalp, Jr.'" <Art@AbplanalpLawOffice.com> cc: "Jeff Wiles" <jjwiles@msn.com> I am NOT opposed to plan; in fact, I now support plan fully to redo #18 as well as expand the VGC Clubhouse. I think "new" plan for both #18 and Clubhouse should be implemented ASAP. Tha n ks, Gene Henry Summer Vail Resident and Gold Pass holder [my wife also] 678-480-4535 From: Arthur A. Abplanalp, Jr. [mailto:Art@AbplanalpLawOffice.com] Sent: Friday, October 12, 2012 1 :40 PM Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. Regards, Art Abplanalp Law Office of Arthur A. Abplanalp, Jr., LLC 10f2 10/15/20121:56 PM I Re: Vail Golf Course-Destruction of 18th Hole and Conversion of ... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: Bob Essin <vailbob@comcast.net> Date: 10/12/20128:41 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> Art, I think anything that shortens the already too short golf course should be avoided if possible . As a par 5, the 18th hole is great. I am sure great care has been taken to design the 18th as a great par 4 and I have been assured of that fact by board member Ken Wilson whose judgement I respect. I prefer the 18th as it is . I am in favor of up dating and enlarging the club house. It should be done in such a manner that does not change the 18th from a par 5 to a par 4. I cannot comment on the legality of making it more of an events center than it already is. I suspect but don't have any proof that the town may be making this an all or nothing thing to the rec board . It appears from the town minutes that not all the council members had the same understanding about using the original envelope but the people at the meeting were lead to believe that was the proposal. I am sympathetic with the land owners nearby that don't want to lose their proximity to the golf course . I am also sympathetic with the neighborhood that doesn't want any more increased traffic and noise above what already exists. I am not sure what the overall economic benefit will be to the town. The figures that they have provided should be subjected to closer scrutiny. One town person with whom I spoke said that they were really only looking for an annual net benefit to the town of around $100,000. I don't recall who said it. It's a beautiful day in Colorado, Bob Essin Sent from my iPad On Oct 12, 2012, at 11:39 AM, "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice .com> wrote: Members of the Va i l Golf Community: This communication follows up on my e -mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting , members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid , because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, 10f2 156 PM10/IS/20 ~2 I Re: Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: "Nutt, Bill" <william.nutt@amg.com> Date: 10/12/20129:50 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> I remain opposed to lying thev18th hole and particularly to the whole Events Center concept .at are the thinking! In this residential neighborhood to put such a thing when ther is so much unused space in Ford Park? Sent from my iPad On Oct 12, 2012, at 11:39 AM, "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> wrote: Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the ciubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. Regards, Art Abplanalp 10f2 10/15/201 1:56 PM Re : Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: "Trudy Howe" <trudyhowe@myway.com> Date: 10/13/2012 6:45 AM To: Art@AbplanalpLawOffice.com CC: Hi Arthur, I am strongly opposed to the destruction of hole #18. As a part-time resident of Vail (not a voterL it was my understanding that the change was going to be a much needed remodeling of the club house. I see no reason to destroy or change hole #18. Trudy Howe 1890 Lionsridge Lp. Vail, CO 81657 -----Origi nal M essage----­ From: "Arthur A. Abplanalp, Jr." [Art@AbplanalpLawOffice .com] Date: 10/12/201201:26 PM Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail 10f2 10/15/20121:56 PM i Vail Golf Course-Destruction of 18th Hole and Conversion of C1... Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: "John@JCarlson" <John@JCarlson.us> Date: 10/13/2012 7:03 AM To: <Art@AbplanalpLawOffice.com> a) opposed John Carlson Vail, CO -----Origi na I Message----­ From: "Arthur A. Abplanalp, Jr." [Art@AbplanalpLawOffice.com] Date: 10/12/2012 01:26 PM Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf commun i ty and ' only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng you; name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. Regards, Art Abplanalp Law Office of Arthur A. Abplanalp, Jr., LLC Post Office Box 2800 I 10f2 10/15/2012 1:57 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of .. , Subject: Re: Vail Golf Course:.. Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: Meg Christensen <meghealthnut@earthlink.net> Date: 10/13/2012 10:00 AM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> We are opposed to the plan to destroy the 18th hole. Sent from my i Pad Meg Christensen On Oct 12, 2012, at 12:26 PM, "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> wrote: Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply . Regards, Art Abplanalp Law Office of Arthur A. Abplanalp, Jr., LLC I 10f2 10/15/201 1:59 PM1 RE: Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: RE: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: Dennis Koller <dennis_koller@hotmail.com> Date: 10/13/2012 3:40 PM To: <art@abplanalplawoffice.com> I do not think that the club should be turned into an event center. The circulation is too difficult in and out. The old club should be totally replaced when the economy allows. There are enough locations in the valley whether public or private for events. The 18th is a signature hole for the course and need not be changed. Dennis Koller ..Vail property owner since 1974. From: Art@AbplanalpLawOffice.com To: Subject: Vail Golf COLirse-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Date: Fri, 12 Oct 2012 10:39:35 -0700 Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whoie), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. 10f2 10/15/20122:00 PM [ Re: Vail Golf Course-Destruction of 18th Hole and Conversion of... l Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: Linda DeLaria <lindadelariah@me.com> Date: 10/13/20123:44 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> My reply is (a). Linda DeLaria On Oct 12,2012, at 11:26 AM, Arthur A. Abplanalp, Jr. wrote: Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the goif community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. Regards, 10f2 10/15/201\ 2:01 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of ... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: David Goldstein <dgmg3142@yahoo.com> Date: 10/14/20124:55 PM To: " Jr.Arthur A. Abplanalp" <Art@AbplanalpLawOffice.com> Dear Mr. Abplanalp, My wife and I have always been opposed to the plan to destroy #18 and to build an event center. That is not what we voted for. We have communicated our views to members of the town council. Regards, David and Mary Goldstein ---On Fri, 10/12/12, Arthur A. Abplanalp, Jr. <Art@AbplanalpLawO/fice.com> wrote: From: Arthur A. Abplanalp, Jr. <Art@AbplanalpLawOffice.com> Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center To: Date: Friday, October 12, 2012, 11:39 AM Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that . i In view of the position of the VRD Board (and perhaps the Town :government as a whole), please take a moment to respond to this e-ma il 10f2 10/15/201 2:05 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of ... .-­ Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: Jeff Potto <jeff@jeffpotto.com> Date: 10/14/2012 9:20 AM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> I am opposed to the plan to change hole #18. Thank You .. Jeff Potto On 10/12/12 11:26 AM, "Arthur A. Abplanalp, Jr./I <Art@AbplanalpLawOffice.com> wrote: Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's ,VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. I lof2 10/15/20122:03 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of ... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: johnahlbrandt@comcast.net Date: 10/16/20128:30 AM To: "Arthur A . Abplanalp, Jr." <Art@AbplanalpLawOffice.com> I am opposed to the destruction of the 18th hole. Jolm Ahlbrandt jolmahlbrandt@ comcast.net (303) 718-8066 (cell) From: "Arthur A. Abplanalp, Jr." <Art@ AbplanalpLawOffice .com> Sent: Friday, October 12, 2012 11 :26:48 AM Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Cente Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town i June and July are no longer valid, because meetings have occurred with the golf community a d only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), pie se take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event cent r . Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. Regards, Art Abplanalp Law Office of Arthur A. Abplanalp, Jr., LLC Post Office Box 2800 I 10f2 10/16/2 0112 10 :54 AI Vail Valley Suite 310 Warner Professional Building 2 Post Office Box 2800 Vail, Colorado 81658-2800 Telephone : 970.476.6500 Telecopier : 970.4 76.4765 ( Law Office of ARTHUR A. ABPLANALP, JR. L.L.C. www.abplanalplawoffice.com Art@AbplanalpLawOffice.com Fort Collin Suite 260 Historic Miller lock · 11 Old Town S uare Fort Collins, Colora 0 80524 Telephone: 970 .4 2.6900 . I Telecopier: 970 .4 .6905 MEMORANDUM To: Vail Town Council From: Arthur A. Abplanalp, Jr. Subject: Vail Golf Course -Fairway Destruction and Clubhouse Conversion Date: 18 September 2012 Members of the Council: As the members of the Coundl are aware, I am one of the attorneys speaking on behalf of the owners and residents of properties adj acent to the 18th hole of the Vail golf course in connection with the proposal to destroy the 18th hole as it is currently configured and to enlarge and convert the clubhouse to an event center. On this date, the Council is scheduled to deal with two matters, one being the follow-up to the meeting on the 4th of September, and the other being an update on project design. Accordingly, this Memorandum will be limited to the history of this proj ect to date and the design of the proj ect. 1. The Town has received a good many comments which almost universally oppose the project for the clubhouse and 18th hole as conceived. No action should be taken to destroy or in any way change the 18th hole of the golf course until everything is sorted out and there is a final determination regarding 1 whether the 18th hole must be modified in order to accommodate the actual plans for the Clubhouse which are finally approved and authorized. It has been demonstrated through the submittal of alternative plans that the clubhouse can be improved with expanded area in a way which preserves the orientation of the golf­ related activities toward the current 18th green and which preserves the 18th fairway and green in their current configuration, and which saves the Town something in the range of a million dollars on connection with the activities related to the 18th hole alone. No one understands the Town's determination to destroy the golf course and the neighborhood, unless the purpose is to simply demonstrate that the Town cannot be defied. Those in the neighborhood would prefer to believe that this is not the case. 2. Some in the neighborhood have suggested that the Council look to its mission statement and related principals. These include the following: Your mission is to provide to the citizens of Vail, as well as your guests, superior services, and outstanding environmental stewardship. Is the destruction of a central feature of the golf course and a neighborhood consistent with that mission? Your values and commitments include respect, trust, integrity and collaboration and the provision of transparency, accountability and fiscal responsibility. Is the process of ramming this project down the throats of the golf community as well as the affected residents an example of those values? Is the violation of your commitment regarding the use of the conference center funds last August an example of that transparency and accountability? Is the unnecessary expenditure of what will almost certainly be more than a million dollars an example of that fiscal responsibility? The neighborhood thinks not, and the golf community thinks not. 3. The Town has asked the Sunburst Drive residents to communicate their concerns about the Golf Course project to the Council. The Staff prepared a "project issues report" that purports to represent the concerns of the residents . The Town's summary of the list of issues was presented at the last Council meeting 2 for input from the residents, now that this input has been received, the Town Council is avoiding any mention or discussion of these concerns, despite the fact that the Council agenda and related material indicated and currently indicates that . the entire purpose of the process is to get feedback from the Council. This process hardly demonstrates any real effort by the Town Council even to consider the concerns of the residents or to let the community know either why the Town is so detennined to create a project which creates such universal animosity or why the Town is so determined to ruin one of the most desirable areas of the Valley. 4. It is becoming increasingly evident that the intended intensity of use of the events center will be an aggravation of the nuisance which has become an increasing problem for the neighborhood. This isn't something which the neighborhood has accepted in silence. Attempts have been made to get relief through police, but the police, though courteous, have been limited to solving problems after disruptions have occurred. The disruptions to the neighborhood and the nuisance have continued, and the police have better things to do thari spend their time dealing with unruly event attendees. It has been suggested that events will be held 100 times per year. This would be twice each week if the events were evenly distributed, but that's unlikely. The most intense use probably will be in the active seasons -winter and summer. If events are to be permitted in the reconstructed clubhouse, the events should be limited so that the residents and neighborhood can have some peace. Events should be limited to not more than four times each month, with not more than two events each week. Even that disruption would be a nuisance which would destroy the quality of life in the neighborhood, but it would be significantly better then the unbridled use which someone apparently has in mind. . The design of the new clubhouse isn't a single-meeting agenda item to be dealt with on the basis of plans which were developed through momentum created by an extended period of in-house efforts uneffected by and not involving either the golf community or the neighborhood. The project needs to go back to the fundamentals. What can be done in order to create a clubhouse consistent with the representations of the Council and the Town which resulted in the approval of the 2011 ballot issue and in a manner which leaves unaffected a golf course configuration which is valued by both the golf community and the neighborhood . . This can be done. We have shown you how it can be done. There is no reason for . 3 the Town to be so determined that it must be done in the destructive manner which is now the planned course of action. The Sunburst neighborhood requests that the clubhouse plans, which are the catalyst for most of the problems involved in this project, be abandoned and that the Town go back and initiate that process based upon the premise that nothing will happen to any part of the 18th hole. xc: Sunburst Neighborhood Re-zoning/GU District ± (6'-0' M.A)( AT INTER IOR CEILlNG -----. to t 2'-6' t.l AX.AT INTE;RtOR CECIUNG '---"-1 FOR A SLOPING ROOF. mE \ -FORA FU,T ORM.IINS ARD ROOf, HEIGHT SHALL NOT EXCEED THE HEIGHT SH All NOT EXCEED HILLIARD GROlJP, LLC R. GL£\\ Hn.LL\RD 4 Septemb e r 20! 2 Honorable A,ndy Daly and Members of the Tov,n Council TOlAn of Vail 75 North Frontage Road \Vcst VaiL Colorado Via F.-.[v1aiJ Rc: Vail CiolfCourse Cluhhousc and18lh Hole 'Sunburst \!cighborhood Impacts Dear Mayor D~"Jy cmd \ '1embcrs of tl lc Counci l : As the Council is aware. I am an O\vncr orone ofthc properties adjac ent to the 18th hole of the Vail golf courSe. in Lonnectiol1 w ith the 10\\'11'5 proposal to destroy the 18 1h hole as currently configured and lO enl ar ge a nd convert th..:: clubhouse into an cvent ccOler. I haVe heen ad\'i sed thar my opinirl11s a re shared by most ()t' my neighbors. it remains the I'lope and ~()al \) C eil! c\)Jh.:ern c d thm th e s e matlers ma y be re sol\ed reasonably ane! amicably . and it is in ihal spirit and bope tllat this letter has been prepared. Bcc~1U s e \}f long-s tanding busiT1c 's commitments. J am unable tu attend the flkt'ting of this date, and then.::t 'or.:: our tllOUghts must be commu ni cated to yuu in this manner. No[\\ilhslanding the t~ll.::g()ing. it :,,(:('ms to be an unfortuna te reality that this ~ommuniCaLi()n is being prmideJ to the T0wn of Vail in an e tl~Jf1 to res olve a dispu[.:: which may result in litigation. :\c c ()rJil1~ly. we have be e n advised by our legal counsel t hal. under Rule 4(l8 ut' lhe Colorado Ru ks of Ey id encc . neither this commu1lication nor any part ()f it nuy be used in 2m) proceedi ng wi thout the express \\oritten consent of those on whose behulf it is being dinc>cl e d to the T O\\11 of 'hILl. inclu d ing but om necessarily hmited to thos(' nam0d aDU\e. At [he C ()uncil meeting on the :2 I ~t 0 f :\ug U:'it. \byor Da ly re quested lh;J[ lhe Sunburst neighborhood identi fy the i:;sue s \\ hic h p os ed th reat s to th eir properties eli1d sugge:;t solUlions \virh which the Town c()uld dea L ..-\lt llOugh many of these issues have been raised at vuri()us limes during rec ent \\l:'ds . 1 3111 submining this review ot'those issues and pos:;ibl e so lutions for con s iderati o n by t he Cou nc il and Town staff. An o vcr!'iding C(q 'JsiJeraLion is. of C\lU l'..e . tha t the com mUni l) (b oth the neighborhood '-1llcllite ~()lfc\lmlYlunity) i ~; o f' lhe o pin i()O tb al lhe ClIlT 'Ill J) pn posed prog ram as a whole is ur :clcceptabk. Ea ch idenlili ed issue or i mp ~l cl Celli un ly he proper iy addressed by ab ,mc\onme11l of t he current directi011 and b ~ agree me t \0 preserve the l8th h ~)k ,en d green in their curren t config urali o n a nd [0 re ·O lbtn k . th e cJublwu:,;<.: as t he C oun c 'l ind icatcd in .-\ ug uSL 20 11. \\OU Id (1 CCur -\ \ i' hi n t he t~., Itpri m () Crh Cl !Te nt hui ld ing Wilhout any late ra l c:xpansion. That is \\ 11 "l the \.ulc rs appro \'cd a nd that l s ,vhat th e nc:ighbors. cil ize ns of VaiL an d go lf rs support and uesc n ..::. 28'0 Pr: .\CllfflfL RO\J) -13 0 .\ 50:' --AIL.\.'T\. C" 30305 PIIO"r -40-1-;45-9-"0 FA\ 404--.t5-\)751 ,-\ review or some of the major iSSLl~S and impacts idcTllif'icd by tbe' neighborhoud and the solutions proposed in order LO resolve those issue :: or to mitigate those impacts f(lllows: 1. Issue: peveI012ml~nt9f Prg<Jram Without.]'j!p,elv ~.!1gbJ)Qrh()()g~ G.Q!J~.r...QL9th~IJIl}~gJ~'em~nt. 'fhe Town failed to engage the neighborhood :mJ many others durin g the development of its plan for conversion ofth<: 18th hole and the clubhouse until aflC:r their plans \\crc fully and pri\'ate ly de ve loped. Even the tlrst notices \\'h1cll were circuimcd to the neighborhood. in connection \.vith a Planning and Environmental Commission on ,he 14th of May, were misleading in that they referred only to matter=, related to the "clubhouse" and not to the area (U'ound the clubhOUSe. the 18th green or the ]8[h fa irway. all of which were to be dramatically impacted by lhe course of aClion which \vas under consideration at ti1<::ll time. It was only after [\\0 neigllh\.'rhood o\\ners realized the impact oflhe program at the lime oflhe PEe meeting lhat othel' O\\lh:fS in the neig h borho od were made dware of the llm:m. By that time, the Tcmn dron ~\pp nrcntl!' had Clchieved a m Ul11elltum and an Inlkxibk p():ilion thm rendered the upinion and opp osition of the llcighborhood, the goliint; community. ViliJ voters a nd citizens. und even some of the members of the VRD oj' no c(lnsequence whatsoever. Action Reque sted: 'rhe C(l ulleil should \ote tli3t the L'urrenl plan be oUicially abandoned and the To\\ n siwn ld hOJlestly an d openly engage the taxpayer!'. the golf(:rs. lhe nei g hb.)J's and other int 're st e d parti s to develop a plan which is directed to the n ds of the community not sim p ly the needs of spec i ~:l interests in th.: b U t'in c.,~s c\)n1J m m it y . That community need 1S the ~uthorized e"pclldilure of t he cOl1\cncion center fu nds. which is one project -the crcation o f a world class golf cl ub hou se -none of which Ikcessitmcs nr ir1\'ol\'(~s c h< ng in!,! the 18th t'ainYJY o r green . ., Issue: Size((:ajlacityof Pr~ject..\o lwithst::mding sUltell'lCnts to the cI ,mtrary by some l()\\·n r r r .:;scnt~ni\ e s . the material created and circlJ1ated by the T(m n clearly indic ate . l h~H the Town intends to create an event center accommudJting appro:-:imat el y t\\'o hundred people. in order to satisfy a perccived need for cwnt space greate r til n [he effective capacity of 00110\ an Pa\'ilion . The plans l)l'Ovide d by the Town dated "April 17. 2012 " :lnd id cm iited as Option 3.1 eSTabli sh that [he pbllned space is inknded to accommodate F\cnt Space ';"-:UCi P~o :,Jc and the same ilo,Jr pl an \\ith r e ler~~nce to th.: "E.\cnt S pace" \\JS identified as an "h ':;-,t R\)om" on plans idenri tieG as Opti 11:;. I dated "1\-13)' 23, 20 i}", rile ricH1S ineii 'ute [hilt the "Ewnt Ro om" e nco m passes 2.7S0 sf which docs nOi count t h e CO\ creel p:lli(). \.\h ich comprises appr\)ximate1y 1.500 sf :\Jditio ll<lli y . the plans call Co r a p r ~-fun cTinn room and \.llher space related to the c\ent center comp rising well i ':.\C6S \)f I.uno sf. bringing the total square fnol (lgc of the dedicated event center facilities to something in the area of 5.500 sf Tn comparison. the golfpro shop is 1.627 sf the member facilities appear to be somC\Vhal smaller than the goIfpro shop. totaling approxirmnely 3.000 square feeL There can be no doubt that the planned facility will be a large and substantial event center with coincidental gol f space ralh..?1" Than a golf clubhouse wh ich also occasionally serves otber community functions. Action Requested: AgJin, lhe current plan should be abandoned, and the Tovvn and its :;taff should consider 8. plan based on the needs of the golf and neighb\xhooJ communities and on the authorized expenditure of the convention center funds rather than the needs ()f a small special interest group. Thi s is one project -the creation ora wor ld class golf clubhouse .. \\'ithoU1 any e cre ct on the 18th fain\ J.y or green. If Council nllo\\s the plan to proct'L'cL the-n the project should be redesigned in a manner consistent with the cLlrrent foot print and us c of tIle golf clubhouse facility. \\'hic h can dccclmmodme approximately 120 pcclple when Ih) r (lthen\isc nee·eJed to :ouppon the golf course Jnd golfing community. and which plan doesnol necessitate an;: move or change in the 18 rlt hok or green. 3. Issue/Impact : Oricrltation of am Event Activit\' An~a.rhe impact UpOl1 the reside n tial n..:ighhorhood is gn::nte,'t when event· arc heJd (1) the sOllth or southeast sid e \)f t hl: clubh oLl se. While golf-related and reslamum-rel a k·d activities in tili s area me ()bviolls/y acccpwblc JS currently ll1ili 7 d by golfers and diners. olher ~recia l events wh ich have been held in lhi:; area hme regular1), been disrupti\\;;" to the neighbor11Ood and have resui1'e d in c ~t! l s for law cnforcerncllt ::t ' S i SLC lllC(,". which assjstance has gencraily bei.:11 indTecti\'c. We re tb er e to be activilY bcy()nd the current patiu ::m':cl of the clubhouse. tlk' impact \.\'outd be e\eD more aggra\·ared. The owners emd residents o f th e neighbo rhood have urg ed lhe Town to in \'C"sti gate ]()cal ing an y [tltcrn m i\(~ (;'\'ent or aeli \ it) arc] td thc k)Caliol) Jbo\c the current gol t' carl storage area. b t there h<.1s been no in<.iicmi\)l1 that thefown is \\ ijJing to make (\ cn preliminar; inquiry inw that possibi Lly ..\:'i a r03su lt, the 0\\"I1Cr5 anJ re ~iden ts engaged an LU'C:hitecl to determine whether tbis su gge s lio n vas f~:1sible and. if so. to de\'elop preliminary p lans base d up on that c oncept. Durin g the course of tho se efforts. the architect determined that the su gg cs te d ~ Itemative conligurat io n was praclld l alld identified s ~\'cra l s ig nilkaot dc>ficicncics in the pians 111 0:';l recently under co n s idc-ration by {he rown. The C01.1CCplUal plal1s \vhich we re ck "'clo pcd as a p~1I1 0 . th is c Oon (ccompany lhis c-mai l. These plans are inte nded to creme a space which (a ) generally conCornls to the cur re nt loot prinl of the duhhu usC'. (bl aCCdi11ll1i.Xbtes :J.ppro\ln13.tel~ 120 p~o p]e . (e r takes e vc'!) gre~1ter ad\a!1LU~": u J' the Gmt' RclilgC \ ie \\ rhall th plans JJlosti'cc em!y under 3 consideration by the To\.\n. (d) Cfe-utes 311 attractive appearance from th.: north, which is the "public face" ()fthe clubhouse facility vvith reference to [nicrslate 70 trafric:. and (C) resolves incorrectly percci\'ed safety issues and avoids any n.::cd to move the 18,i; green or .eduee the length or playing impact of the 18'h hole. Action Req uested: The imp3ct of t he contigl1fation of any area \vith increased acti\.ity on lhe .:outh side of the clubho use \vould be significantly reduced were that activity [0 ,leCill' on the north side of the clubhouse. and the T o\vn should make the commitment and direct the planning staff to provide 1hm any sLich acti\jty area would be \\'ithin the current build ing footpriJ1l and locmed on the north side of the c \ubhol1se, generally away hom the: resieknces in rile neighborhood. preserving the l8th fairwuy and grecn. tile g\)lfrc:stuuranr and golf operalions on the south side of the clubhouse. thereby pro\-;ding a more interesting and ~cenic potential for eve:nts. appropria l ~ scaling of ttlc eVent space and insulating nearby residences from evem opermions. 4js:;uc: Pal·ki~.I_.CongestiQ.!! and Slif£tr Issues. The Town has represented lhat it in t ends to rely upon a parking arc:} of virtually lhi: same size as the current parking lot in order [0 av\)id appropri3ling the eU1Tent 5i Ie \)1' the 181h green nr Nher s pace for parki ng purposes. The To\,·m has, howc\'er. indicated thaI this plan i-subject ro the rec:uirements of the PEe and the Design Rcvj<.)\\ 1:1oard. \-\-hie h could render the commitment of no further parKing exp ull . io n meaning le ss_ Decatlse it is unrealistic to ('xpect either the PEe or the ORB to permit the dnmatic c\jxlIlsion of the facility explained in #2 ahc)ve wlthoul significant additional parking. The Town had e"lrlieI proposed moving the current elltrances to parking toward the SOL1lhwhich \,v('ula h::1\,(' created si=,l1it~Ci;1JJ! llI1m:CCS:,<ll)," and Ul1Ctcc: <..:p"tJ.ble child. biker. an d pedeslrian '-,~dely icOLi;C:Slion issues, butlhe latest informatioJl available indic<1t.:s lh~ll the ~:;tranc('s \\ill nOl be moycd. which is an impron.'111cnl in the vori\)<;;aL Action Requested: Again_ the current Ia n sJh)uld be a bandoned. and the Town ,m d jt ~ slatf should plan for the needs of the conil1Hmity and the authorized c\.p.:nditllrc of the comcn[ion ce nt r t'llnds rather lhan the needs of a narre ,w bU5incss sp ecial illl er ~s t grIm]). This calls f~lr one c f fecti\';;:: and much less e:\pensin' p rojec1 -crea tion of a world class gole clubhouse. The sC:1.k reduction to the curJ.'e11l J20 people also minimizes the lk'eu for additional parking. a nd lim inales the CUSl and safet;: issues which :.m ..' Jggr:)\"m~d with additiona l p opl t . increa se d facility scak and lhe re\ocnioJ1 01' [he p a rk in~ lot enti'J.l1ce S. The parking Oil the premises slh'ldd h,' !)('rmilLed onl y i\)]' g o Jt~rs <Uld reL,lc'~l aCli\·il1cs. and :,i J persons alltnding c\e rllS should be required TO Inke bus lTa\l .~l~()rtali()n [u and [l\ )!ll (lIT-sile JU<":8.lions. To assur~ 4 compliance each spon sored e\elJ[ mnSI be required to provide and pay for law enforcement offic ers whose Juties \"Quld include parking and safety s upervision , as \yell as monitoring and supervising closing. noise (v\-illl a ppropriate noise m e asuring eLlui pment) and other measures appropriate to usages which are in the m ids t of a res idential comnmnity, .) lssue : J)estructiou.Qf 18th Fa i rw::!v ap.Q Green. The change to the 18lh hole was em ide a solely conc.::i\\;L\ because of the Council"s r1an to create a large event space o n the south side or the clubhouse. The perceived safety issues were il1\'cl1led by Council afte r the facI to create:: a justification for the current and subsequent event \-enuc plans. Based upon this Ilawed analysis th e Town intends 10 cut ~)tJthe western lhird oCtile 18lh hole and lO convelt that area illto something undetermined. Ev e n v,ere the "no additi on al parking" commitment of the Tov-m referred to in :.f 4 credible , the uncenainty reg ardin g \\hat might he created in space va caleJ by the remo val of the 18th green and the \veslcrn part o f the 181fl rainvay prevents the nei ghbor hood frOll) having em y reliance o n what might hap p en [(1 thm 3r ea. exposing the O\\ners and residents [0 a n:mge of objectionable useswhi c lJ m igh t h e pennitlL'd by a co nditional use permil (which pro\id es a "blank che c k"w th e TO\m) und r eYen The OUld oor .Recreation b)ne district. The possible activities which have been most recently identified in cOll nection \\.ilh the Council meeting on this d:He are a ll obje clion~i bJe l~) the ne ighbo rhoo d. beC a use all s ub::;lamially incre ase the inva~i\'e naTure ~)f the pro p~)s ,d and viulak the privacy of th e adj~)in ing re sidence, Action Re lj uested: ~l, T o sh~)w it s ~')od f<l ith in th e nc s 'otiati o ll pr(lCCSS Cuullc il s hould reop en the is :;;ue of tb e j Slh fair way and green an d \ Ole t o re tclin lh e I g i l; fain\<l \ and l.'.l"cen i n its curren t cOl1 ti ulll"m il)!) f8tller I.h:m destro\inu lhe " I ~ d J 1() Ih ' J ", I ' I ...• ~ '1va ueI ot 1Ie co ur se an' l1(, 0 ),0 e as is t le C~be \\ltI1 curn:nr C Oll11Cl plans. b. Recog n ize th at th e d es tm.::tion of the 18th g reen is unlle cessary. \Vi th the C\'<.: I1t s pace nHwcd to t he n()l1h sid e o f the clubh Olls e . the 18th holt as i1 pdt" 5 jini :::.hing hoie Illay be pre se rved. as it is c urr em l:­ co nfig u red. c . ...\n;-uS e 0 Cthe s ilC ()f t he 18t h gre n Clnd the so utll\vcstcm pan of tIle cLinenl 18lh fairw a y Sh OLld be: Ji scLlsse d with ::md 11m dic[:H cd li) th e neighb o rh ood. a nJ ~Iluwcd uses shou ld be joimly determin ed pri o r to :111) p rogress O il t he projcc t a1)(1 'i h ould be tbe :::ubkct ()f a :<"':;,dly b i :ldiJ1:', \.'()mnlitmel1\ on \hc pan \) f th 'l"owll up on \\hic h {it.: ne j~hbo rh ()()d can rely, :5 --------_ .­ 6. Issue /Impact: Noise. The noise generated fr ()lll the ClllTent operation of the clubhouse oft n c()l1stitutes a nuisance to the neighborhood even linda currem circumstances, and with the increased operations one might e x pect with ::111 expandc:d and more frequently used event space, the problem will become more serious, The issue related to noise arise s from several aspects oCtile project currcntly under consideration by the Town. including bL11 not necessarily limited to tile fo llo\\lng: a . Orientmion of act iv ities. The effect of activities \\itbin the cluhhouse structure may be controlled , but when those activities occur outsid e rhe structure. they ar-:: uncontrolled. As nNed abOVe', adivirles outside the structure on the south or sourheast side \\oulcl have a s ig!l iJicanl n gm ivc i mpact on the ri::'~idences 0" the ll eig hhmit i.)od, as they h8ve in the past. Any event space should be located on the Ilorth side of the ieconstrllcfcd structure'. b. L a d:. of effcc [i \'e control. /\ ~ lh)ted abo\'e. the [0\\'11 do~:'i not currently dkcti\'C'ly (;ontroi c:\ccssive noise nor apprl)prialdy respond to comp la ints of e:·;cessjve noi se . I fan e\ent cC'mer is C1'CdtcJ \\ hich dCCOmn i0 c!mes more people und morc events, the impact of e Vents on the neighbo r ho od \\ilJ b-:: even greater ,md more freq U~i1l, c. \lusic und other noise must be contain ed inside th e main building rUl her [han OJ) a patio which cl i~(;ns toward the neighborhol)d or in other exkric1r lo catiu n :m d should be l im ite d in \01 ume. The gen c-r::lti o n o f n1u",ic an d o ther n,1is e inside the building could be cllnfined . but w jtl; such th.inss as sliding or l~)iding doors or wind ow' on tile sonth Or sO lltheast ::;ide of the stru c ture ., the ctkct of su ch a Cl ivitic:s wo uld be m agnili cd an d c\cn nwre of:1 lluisance than past experience:';, The gcner:1tr o n of music and o ther no ise from actt \ities outside i h ' building would he intokrable . both because Oflh c proximity o f the residci1('cs and th e f~lct that the hll il l ing its "ifwo uld creat e an amphitheakr effect nl ag nii)ing the \'ulun1c l)fs LlCh activ itie . Suc h acti vity' should be prohibited . d. I-To ur:; of' op 'r ati o n. ['.ell unckr currcnt practice, activities at the clu bh ou se h ave permirh,:J a c tiv iti e s 10 continue , g e nerJrd lllu s ic ano uther noise \Vcll pa s t lli:()()pm, and occasional ly IX!:'i l m.idnig h t. With. possibk increa sed crowds Hnd opaalloll s. su ch imp ac.s \\'i I I b..-: c",ag gec.,ileu and prevent thos~ in [be neighborhood C],()111 even experiencing the opponunity to ha ve peace and quiet el [ a lLlte e vcn ing h Oll r. 6 Reso lution: -Operating cmd usage must include cl os ing all acti\i t ies no later than I 0:00pm, nnd r~quire thm Cl la\v cnforcement o tliccr with an appropriate sound measuring de vice be present during all (,vents, with authority and tool s to sLlpervis e :;a fety, noise , and other issues . -With reference to orientation of acti vitie s. activities oLltside the struclure should be prohi bi te d. -With refet'cnce to Ia.ck of effective control. the TO\Vll mLlst establish a program by which la\\' nforcernent officers are required to be present. have asccltainablc s tandards Cor noise Cl.)IlSisrcnt with:l residential neighborl1o\)d. have tbe 1001s to measure tJ1e impact of sounds from the ciubhoLlSC area \\l1ic11 arc impacting t he resi d e'midl neighborhood. and have the LluthorilY and dire c tio n Crom 1h(' T o wn w cn!clrce the stnndards relating W Zlcti\ity gCllcraLing: nl1i sc. -\Vith reference t,) cnn1i!:1-Llf3tion. an y t\:-:con')truclion of the clubhouse should prohibil doors cll1d \\ i ndows wbi c h open in a ma nner exposing the neighborho od to n( ise generated from the interior. a nd shouid be located on the 110rth side 0 I' the clu hhou se. -\Vith rekrence to noi se ge nerated o ut s ide the clu b hou s or a ny e \ent or act ivity center , the gen erati,m nf r}(l ise OUTside t il t> hui lding or which opens to the outside ::;lh)l1Jd be prohib ited . -Th ere shouLI be 1'1\:-5 nt 1'01' each C!\ enl. at {h(' e:-':'I}~'{1se ()( lb~ us..:!' oj" the event center. one ()r nlllre Ia \. C!l f(,)fceme nt \)[f1ccrs in order 10 assure cC'I't(linty of c(lmpiiallce \\ilh clll S:it'c IY. )wi sc. and tlpcrming rules. 7, Ts s ue,lmpacl: I.:-lghling.Lighring associ8 t d with c"clling acti\jt i e~ \\i 11 be a nuis anc e to rhe ncighborhood in ~\:'\'cnll respects. Bc:caus e lighting for 0Ulsidc 3Cli viti e s will most Jikdy be :t f fi. 'ed to the building, it is lik ely [0 be aimed outward, to ward the re s idences. creating a contimling glme Ekcau::;e uf the lk'cJ tor adequate iighting, it a lmost cenainly wili be \ii' ~In intensity \\h ich i lJuminat '5 the adjoini ng properti .:s as well as the c,cnt cenkr area. Be-c aus e: lightin~ will he required heyond the period whe n the e\eilt occurs. it C~ltl b exrecle d to be a problem he:yond J 0:00 pm. result in g in an ag gr~nded impact OIl the neighbori:1g residences. Reso lUI ion: Ligh t j ng sh o ul d he Ii m.ited to pennanc11 1 lighting (temporary lighting being prohibited) and shou ld he required to c0nform \\ilh the TO\Yr!':j in directlicllt ins cr itc:ri~l umilhc uper,n iomtl plan ~ltOLlIJ reyuire 7 I Ll1at all c:\terior li ghting be extinguished by J 0 :00pm. except for lo\\' wanage lighting as currently installed and required for pedestrian safety aJo n g \\·alks. 8. Issue /Impact: Erratic Behayior andL!!~I<._QfLaw EnforccIllJ!}}J . Exp eriences during the paSl operations have established that therc is no effecti\'e s upervision of functions not related to golf at the ..::\ubhousc. whether weddi ngs or other e\,cn t s . As a result. the conduct o~' tho:;c attending sllch evenrs is of-ten OUl of ('(HltrO\. resulting in safety issues and disturbance h) the neighborhood. Call s to ];:nx enforcement have been ineffecti\·c. Action Req uested: Any operati o nal pJ:lll should re q uire the presenc e of at kast one la\v enforcement I)fficcr at t11e premises dLU'ing any cvent. and lhe la\" cnforccmenL officer must have authority ilnd responsibili1y TO (:nforc~ <Ipplicabk rules and have communication with and be able to respond [0 nuisance complaints reJared to activiTies :If thc event center. 9 . Issue/Impact: Tegts. 11't11e sOll thwesl e nd oflhe current 18th hole is abandoned as i.l gulf ho le, there \vili he pressure-i()\, if not a preslImpt ion of lise of that mea lur e\'cnt teniS. Such ll se wil1 hr ing all of' Lhe foregoing chalknges -noise. ligllting. unruly behavior. eic . -into even close\' proximity to the r cs iJenc ~:-; . as \\'cll as m ,jking mor~ li kely tresp a.<;scs onto /the n:sid('ntial prope rt ies. The in.l~)J1lLl t ion circurakd in association with the Councii illectin~2 nl1 this J at e indicd2:'-1hm lcnts wiil be pwhibited at private fUllclion s hut Hid) bl' p l'rmi rt ~J al pub lic functions, but pubJic functions arc no less cl l1ui:;al1ct or il1\':J s ivc that ar~ private functions with reference to this aCli vi ty . ;\Cllon Requc. ll>d: The use or pr es ence o f le nL in conneclion with :-lctiyitics Cit Ihe clubho use l1r :m y e \'~l1 t cent,'r mus t be prohihikd . 1() Is sue: ResontIg1,lJ::!!.!i9 !.!.. of D r!~J!!g Range "'e~~. The supposed safety conc cm rdme d to the dri \-ing range is an exag ger ation, if nol a fiction .. which is heing lIsed to ju sti(v J pr ed ' lenn ine d plan, which has hc ~nlargcly admiued by the To\\'11 during it s public m etings and in private cOl1\ cfsa rio ns wilh citi zens. T her e exi s ts no 1'1::" son for a reconfiguralion of the driving rang e n t·. an i their exte ns ion or recorriigural ion would be a distrac t io n for golf, rs as well as lhe n~ighb0rh o o J (J11i..l tli()sc dr i\ing. \x ulking or hiki n g in the area. \Vhi!e it is goo d to \)bsef\'t' thar t he qu s t ion o Cdri\';ng rang e netting is uncelwin, t il t: qu~s tion should be d im i natd enri rel y . and th e cu rrent dri ving range nelting should be left in place. Action Requested: Leave the driving range HC1 S in lheir current configuration \-vhich \-vould rc s ul1 in significant financ ia l savings J()r the project and no incre8::;c in safelY issues. 11. Lssue:L.!i<:.KillJ?tlm:. ttQ. Protect R.esidences. Whatever ac tiyities occur at the current parking lot. the c urrent cl uhhou se sik or at the current Jocation of the j 81h fai rway and green, the various impacts on the residences whic h a re descrihed abo\ c \\il! k significant. At Donoyan Pavilion, the nearest residence to the building approximately Twice thc distance as is the ne are st residence on S unburst Drive to the Vail Coif Course clubhollse. In addition. ar Dono\[ll1 the neal'by residences are a Jso shielded by Go re Creek and a vvide ::m J. dense grov,:th of evergrecn trees. 1fthi s project gOl'3 forward in a ny manner other lhan by simply creating a I.luality g olf clubhouse w ith no s ignificant event Llcility, tile neighborh ood residences will experience su bstarni al reducti l)n in value and will 1'I:quire in cre ased prv tecti ()l1 fr om both parking activitie s and evcnt functions. Act ion Re q uested: AllY de\·clo pmem p lan 1'0 1' th e: ;,ite must include s ignificant buffer 8rCa:3 and Ceaturcs to pro L-:cT the neighboring re sidences trom parking and evel1l function s \\ithoLit affecting their vic\vs or a biJ ity to enjoy those properries. The nprropri at e buf fer for any rcsidences currently adjoining or ac ros s th e streel trom the parking should he re­ es tablished , and e:--.:ist in g treeS [et a in ed :l1l d ncw trct's . gre ln Sp3C~ eswblishcd. '')I ~. ISS Ue: Acc~ss fro m Sl.!!!.9jlrst I)!.j'y~. T he rel oca tion of lhe p ark ing cntrance a nd exit poi nt s cre ates signilicant hazards to cyclists, chi ldre n and ped es tri:m s us i ng Sun bur st Dr.h·c beca use of the Jimited sight distance l O lho.:· s outh east (lfthe propo se J entry . fu ny ..::hildr..::n . fumilie :;, and indi vidu a ls ll Sc thI S bi ;,:e path rOli le and the To wn lllust not e'\pll se them to unne c6sary s ub.lami al r isk ca used by he par king lo t cn tml1 ces being 1ll C\.;:d south . or by ..:ar s being alio\\ed to park al ong th c STreet. Reqllcskd Ac ti ,)Jl :fhe To"n sh ou ld eng a ge a qualified safelY profcssiilnal to (;'xa mi n'':: t he aclual revi sed sight distance and the re a clion tim e Clv8ibblc to cyclists and drivers (in cluding b ut n011 imited to bus drivers) in lll·dcr lO de s ign lhe entrance I)oint and exit p int in a man.ne r rrm iding :ld eq uali;;' reaction time 1'\") 1' cvcryCll1e using Sunburst Drivc a nd the bike path . and the l\~:;triclion on park ing al ong the road must be stri ct ly e nforce d . All c;Vent s mU::;l pay fo r a law el1 torccmem ()ft~cer to moni to r th is cmd other issut::s . 13. Tss ue: Unc~rtain1yJs.~ ardin.~Zoni!:!g .and D c n~Jopm en! Plall~. BecaUSe o fl hc broad opt io ns 3\'a il ab k un de r the zo nin g re g ulations, any app li ca tioll for a zone district ,HJlc ndm t ul without a r i<U) re g ardi ng what is 10 occur i~ UI1lKc cptublc t~) th ost: \\ho w ill suiTer l h ~ i m paCl s of lISC'S \vilich 9 L have not been identifled at the time ot' any such zone district amendment. The neighbors. golfers. and bike pat h users are confromed \",irh \",cekly changes to venue plans, design and other issues which are 10tally unresponsive to any prior inputs provided to the TOV. Requc sted Action : Any application for a zone district amendment must occur simultaneously wi tll a dcvc lopmclll plan. and the development plan llllist be made enforceable and not subj ect l\) change. Options exist regarding the manner in \vhich this can be accomplished. 14. lS S LlC: General Considerations. In ad d ition to the iss ues idemified above. the f oll owing concerns also warrant abandonment of the project in its current configuration: a, competit ion o f th e proposed c vent center \\'ith local bu s ine s se s , which arc generally in opposition to the T\)wn o f Vail proposal but arc s o intimidated by Council thar they' are unw illing. to take a public pos i tion against it: h, the re a lity o f the taCT that, particularly \",it]) other eVc'nt cemers \\'hich are existing or soon coming on-line. another Va i l w edding \CDUe is neither needed nor supported by data or fact s : c. the reality that the TO\ is sp"':l1ding far ll)1) much on th is project. '.\11i(;h \\ill resull ill kss funding to be availabk for Ford Park improvements ~llld other TOV priorities, J, the realit.y Lhat ll1~llly or dll homes a nd townhornes along SUllburs1 \\illl os e su bs tant ial value which could result in :lddi rill nal l'OS!S [U the TOV fGr this pwj .... ct e, the re el i lY lhat the operat ion o f the proposed cemer \\ o\lle! be a 1l10ney-j,)sing propo:;iticn. bUl that with a limitation on scale: and l l.d15e. 110 parkin g lor cha ng.:::;. the .:limination of un nee ded ne tt in g. the eli minat ion of buil d ing and patio e~pan;:,ion an d st op ping the d is aST rou s and unnec · ssary mo\·c of the 181h Cai[\\.ay and g re en . m ill ions o f d lIa rs c a n he sa\(;d on lhe project co s ts. which s he. ll d m ake lht! projec t an op c r~HionaJ and fi na ncial succC'~. :--;. Rcq u.:·:)ted ,\ <.:t il.m : The prl.)jecl a~ a \\ hoI<: should be s toppe no \\ and rc uJiente d Til c o nC()rm 10 the C')\Cn::lllt in the d ed fro m Pu lis Ra n h 2nd ,he <Ju tlio ri1Y grant ed by vOte rs in the '::0 11 corn cOli on center flUlei electio n. since rhe cr itk a l question in that e kcti()11 \\'hic h \\ as expJained fO tbe ekClU ILHt b~ th e T )Wll has Il U re b li onshi p to [he pr o ject 8.~ ct:lTently 10 proposed, Once agaln. the resident s and mmers or'the: prope!ties 3ffecte:d by the propo sed project reque st that the 10wrl H,ke immediate action to halt its plans to destroy the 18th fairway and green of the Vail Golf Course a nd to proc~ed Wi111 a project to modify that area and th e golf club hou se in a mann e r which is not amhorizcd by the 2011 ballot questi on as approved by the Vail elector:J.te. as that ballot que st ion was repe:n ed ly explained by (he '1'0 \'."1'1 •s repJ'(:s-::nta tiyc:-;. and whic h project is prohibited by the restrictive covenant in the deed from the Pujis Ranch, Tho se residents and representatives on whose behalf] offer these commenrs once again requ (;st tha t the Tovvn develop a plan for a world-class golf c]ublh)l]se which is consisrcnt with the Pulis covenanr conrained in the TO\\ll'S deed and \\'hich wi l:] remain adjacent 10 rhe currently configured 18 th , one of the bes t hoks and greens on the Vail golf course, 'Thank vo u for vour consideration of these issue:; a nd imnacts. an d the Dltcrnativcs• 0/ • A. identified for a ddressing these neighborh ood conceTl"!>, ( ·Hilliard Group, LLC R. Glenn Hilliard August 17, 2012 Mayor Andy Daly Mayor Pro-Term Ludwig Kurz Town of Vail Vail,Colorado Re: Vail Golf/Nordic Expansion Dear Mayor &Town Council, Enclosed is a six point position paper and proposal, together with supporting comments which has been developed in consultation with neighbors as a framework for building a consensus with the TOV Council, the VRD, golfers and Sunburst area residents on a plan for moving forward with the redevelopment of the Vail Golf/Nordic Center on a positive and timely basis. This document represents a consensus position developed in conjunction with neighbors and is an attempt to be responsive to all involved constituencies. It resolves many ofthe issues raised by golfers, consultants, neighbors, Council members, and others. We lookforward to meeting with any or all of you or your representatives to discuss this proposal and to get the process started on renovating the Golf/Nordic Center in an affordable, voter and tax payer responsive and timely way. Thank you for your consideration. ( ( Vail Golf/Nordic Center Discussion Document I. Every constituency should be generally accepting of the following six point proposal: 1. Th~ clubhouse footprint is kept as it is currently sized and configured. 2. The 120 person current capacity multi-use restaurant is moved to the north side of the facility. 3. A coffee shop, bar, bakery, sundry shop, is retained on the south side of the building within the current restaurant space and adjoining the existing 18th green. 4. The par 5 18th hole/green is preserved as is. 5. The required buffers are reestablished and maintained between the parking lot and each Sunburst home. 6. A mutually agreeable operational plan relating to activities at the clubhouse is established and a plan for active management is developed and maintained. II. Some of the Advantages of this proposal are: 1. Avoids need and expense of moving 18th green, the shortening and the conversation of the 18th hole from a par 5 to a par 4, and the reduction for competitive purposes of the handicap ranking of the Vail golf course. 2. Creates a multi-use space for 120 persons with a direct Gore Range view, conforming to identical current goals of the Council, while separating such functions from the traffic and demands related to the golf course and the golfers. 3. Saves approximately $1,000,000 in taxpayer costs/reserves as estimated for current plans. Hill iard Page 1 of 3 Vail Golf/Nordic Center Discussion Document 4. Returns Golf/Nordic Center to a source of profit for town vs. the money pit and regulatory nightmare it will become with any of the cu rrent redesigns. 5. Creates a multi-use bar/coffee shop/restaurant space to rent to a local business for these purposes and for limited early/late access to a few basics such as bakery items, milk, bananas, aspirin, etc., as recently requested by residents at prior TOV council meetings. 6. Preserves restaurant/bar facility for use of the golfing community in proximity and with current orientation toward existing 18 th green and related activity. 7. Avoids risk and cost of litigation for TOV and lost time debating and determining effect of Pulis covenants, safety, and congestion and parking issues and other considerations. 8. Puts ((heads in beds" in a way and at a cost which can satisfy all constituencies not simply the hotel owners and assumes that those heads are profitable for TOV rather than solely the hotel industry. 9. Resolves conflicts with Sunburst neighborhood and helps preserve value of homes along 18th fairway/green and at Vail Golf Course Townhomes. 10.Minimizes congestion/safety risks inparking lot and along bike path and Sunburst Drive, helps eliminate event on street parking, while improving bike/pedestrian/bus safety. l1.Keeps TOV aligned with voters and taxpayers. 12.Provides an ((oasis" stop for bikers and walkers along the bike path/trail. 13. Protects recreational value and integrity of the Vail Golf Course. 14.Avoids unsightly tall nets which are expensive to erect and maintain. Hilliard Page 2 of 3 Vail Golf/Nordic Center Discussion Document lS.Avoids creating another duplicative 200 person wedding venue, which size was based on marketing assumptions which are outdated and questionable (ie. 10th restaurant at Mid Vail brings another 200 person venue on line this fall). 16.Helps avoid TOV competition with local businesses. 17.Keeps TOV in appropriate role of representing voters, citizens, taxpayers rather than being perceived as increasingly oriented toward business. 18.Resolves in an affordable and golfer friendly way those safety issues recently claimed by consultants. 19.The entire project can be started and finished in time for 2013 golf season. 20.Leaves some money in TOV coffers for meeting other urgent recreation and park needs. Hilliard Page 3 of 3 Law Office of ARTHUR A. ABPLANALP, JR. L.L.C. www.abpianalplawoffice.com Art@AbpianaipLawOffice.com Vail Valley Fort Collins Suite 310 Suite 260 Warner Professional Building 2 Historic Miller Bl Post Office Box 2800 Vail, Colorado 81658-2800 Telephone: 970.476.6500 Tele<:opier: 970.476.4765 11 Old Town Squa e Fort Collins, Colorado 0524 Telephone: 970.482.6 0 Telecopier; 970.482.6 05 MEMORANDUM To: Vail Town Council From: Arthur A. Abplanalp, Jr. Subject: Vail Golf Course -Fairway Destruction and Clubhouse Conversion Date: 7 August 2012 Members of the Council: As the members of the Council are aware, I am one of the attorneys speaking on behalf of the owners and residents of properties adjacent to the 18th hole of the Vail golf course in connection with the proposal to destroy the 18th hole as it is currently configured and to enlarge and convert the clubhouse to an event center. My role on behalf of these owners and residents is to try to facilitate a resolution of the current conflict between these owners and residents on the one hand and the Town and Recreation District on the other. On the 24th of July, the Town staff had a work session with concerned residents and owners of the Sunburst neighborhood to discuss the proposal for the clubhouse. First, the Council should be aware of the fact that those on whose behalf I speak appreciated this effort, and the effort of the majority of the Council who attended that meeting. Had such a meeting occurred earlier, it's possible that none of us would be in the position of trying to put back in the bottle a genie who has taken on a life of its own. At the July meeting, the Town's staff heard the determination of the Sunburst neighborhood to oppose the current proposal to destroy the western third of the 18th hole of the Vail golf course in order to convert the clubhouse to an event center. At least two other noteworthy events occurred at that time. First, the Town staff, and at least six of the seven members of the Council who were " present, had a first-hand experience with the congestion and conflict in uses which arise when an attempt is made to use the clubhouse as an event center at the same time it is being used as a golf clubhouse. Although only about thirty people were present in connection with the work session, traffi.c and congestion both outside and within the clubhouse was a mess. The addition of200 square feet and an expanded patio to the clubhouse will substantially increase the congestion and the conflict between the current uses and will result in mayhem and substantial risk of injury (other than by golf balls) to the users of the clubhouse, the golf course and the bike and walking path. Second, the staff and members of Council present heard the opinion of a g9lfmg visitor to Vail regarding the effect of conversion and shortening the 18th fairway -further lessening the challenge and value of the . golfing experience on a course which is already permitting teenagers to regularly shoot scores in the mid-60's. This individual registered the same plea as other golfers that the Town not change the 18th hole. The golf course is and should be the "golden goose" of the facility, which should be protected and enhanced, not diminished or reduced in any way. For these reasons, the Town and the VRD should re-examine their decision to destroy the western third of the 18th hole and keep the scale and design of the clubhouse within its current footprint and use. As currently planned, this project is a fmancial disaster to the Town and to the voters. The Town will lose money on operations and spend capital reserves which should be devoted to better uses. The total estimated cost of this project, with the measures intended to address non-existent perceived safety issues, is already approximately $7,400,000, without consideration for contingency for the new safery measures or the costs of consulta..T).ts brought on board \\rithin recent months to justify the current plans. Although the Town has indicated its approval of the destruction of the 18th hole and is moving forward on the efforts to design a clubhouse modified to serve as an event center, the most recent budget indicates that, even before the decision to spend an additional unfunded half million dollars to address recently perceived safety concerns, the Town would drain its repair 2 budget and that of the District, as well as tapping 2013 and 2014 revenues from amenities fees, to generate a total of more than $1,675,000 to cover what would otherwise be a shortfall in the project budget. That shortfall, with provision for contingencies is even greater. With reference to the perceived safety hazard which supposedly prompts the destruction of the 18th hole, a request for public records has established that there has been only one report of a golfer struck by an errant golf ball on the 18th fairway during the last five years -and only three such incidents on the entire golf course -the other incidents being on #6 and on #13. The reasoning which prompts expenditure of the funds to be committed here, which are ear-marked for other purposes or simply don't exist, is difficult to understand, where this is occurring in order to cure a non-existent safety problem for a project which meets with wholesale objection from the neighborhood and from golfers and violates the Council's commitment made in August, 2011, as well as the restrictive covenant in the deed from Pulis Ranch Company affecting the land. The current plan also creates chaos in the operation of a facility critical to a gol f course which is a central vacation experience of summer visitors to Vail ­ as well as the experiences of the local golfmg community, and is nonsensical. The funds should be used to create a world-class golf clubhouse consistent with Vail standards on the footprint which currently exists, preserving the golf course in its current condition. In summary, this proposal is a fmancial and legal nightmare and should be redesigned to do what the community wants and deserves -creating a world-class clubhouse for a golf course of the best quality possible. The current proposal makes a popular attraction for Vailless attractive for its users and unnecessarily expends funds in a way which creates problems with congestion which the Council must recognize based upon its recent experience even on the basis of even a minor "event center" function. This current proposal doesn't put head in beds here -it put heads in beds at some community which has a decent golf course which functions as such. The Sunburst neighborhood remains determined to work with the Town in order to identify a development plan for the golf course club house which meets the needs of the golfing community, is consistent with the commitment made to the corrimunity, and is consistent with the Pulis covenant and the needs of the 3 '-- Vail Golf and Nordic' Center Clubhouse Estimate of Probable Costs and Available Funding Estimated Project Costs: Contractor Estim ate Architectural & Engineering (8%) Construction Management (6%) Upslze Tap Fee Audlo/Video FF&E Restaurant Equipment Temporary Structure Parking and Related landscaping Shorten 1/18 Extend #13 (on Hold) Contingency (10%) Total Project Costs less Available Funds: Table of Contents to Communications to Town of Vail from Objectors to Conversion of Vail Golf Course Clubhouse to Event Center and Destruction of 18th Hole of Vail Golf Course Limited 06 June -12 July 2012 06 June 2012 Bugby, Dale 07 June 2012 Hall, Rob Goldstein, David & Mary Irwin, Dave and Debbie Arford, Craig and Sue Wilson, Ken 12 June Potto, Joe Bennett, Phil Zeltman, Bob and Malin Cohen, Jeff McA vity, Douglas Connolly, Stephen Forbes, Chris Payne, Hugh Hitt, Farrow Theisen, Bobcat Steve Schwartz, Michael Colwell, Mark Hatami, Todd 14 June Howe, Trudy Ogden, Geordy Gottlieb, Lynn Savage, Scott Taylor, Eric Hatami, Todd (2nd) From: Dale Bugby [mailto:DaleFromVail@HotrDail.comJ sent: Wednesday, June 06, 20129:29 PM To: Bank Bobby; Behler Roger; Senson Jim; Boillot DavId; Boymer Bob; Connolly Stephen; Cuomo Bart; Dubois Tom; Faessler Johannes; Fermanis John; Foley Kevin; Forey Dan; Goode Eileen; Goode John; Gramshammer Pepf; Hall Rob; Hanlon Margaret; Hiland Debbie; Hltt Farrow B; Hopkins Pam; Irwin Dave; Jonathan 5taufer; Kelton Art; Knobel Peter; Knox Allen; Lamont Jim; Levin Rich; Millette Karin; Newblatt Bob; Office Vail Chamber; Ohde Andrea; Retzlaff Julie; Rosen Bob; Silverman Rick; Sjogren Karla; Staufer Joe; stevens Patti; Taylor Brian; Thiele Pati; Vall Homeowners AssOCiation; Wilhelm Karen; Zemler Stan Subject: Fwd: Save #18 From BecomIng an Asphalt Parking Lot! Subject: Save #18 From Becoming an Asphalt Parklng Lot! Dear Mens Club Golfers: From: kenw@vail.net To: dalefromvail@hotmail.com Subject: RE: Save #18 From Becoming an Asphalt Parking Lot! Date: Thu, 7 Jun 2012 09:32:53 -0600 Dale, You need to know that this is not a VRD project. It is a TOV project. The VRD is the tenant, at the golf course and at the clubhouse. As to the 18th hole, there have been numerous public meetings on the redesign of the hole. There is not one board member "happy" that this redesign is necessary to accommodate the new events center and clubhouse . I wish you would have taken the time to get your facts "straight" before sending your email. Thanks. Ken Wilson 970-390-1320 ale I agree with you. Hugh Payne[ ail REC District-We are against changing hole #18 at the Vail Golf Course. We do support a new clubhouse, but not the destruction of #18. Dave and Debbie IrwinG DYPical government operation. What they don't know, they don't need to know. We should stand. up and fight this. It's our right•. They need more parking anyway and paving # ·18 isn't how its done. Thank you, . Rob Hall . ".. . . . . . . . \jundS like-I need to show up with my sand wedge In hand. I'll be there. Thanks for­ the heads up. Next Thursday, June 14th-. Farrow, Hltt' We need to find a developer who can design a new clubhouse with a REC CENTER wI .. pool for·our community•• Then: revenue can be built by selUng memberships to local!" . and day passes to visitors;, U could even Include a health consciou! food outlet to· . provide for gQlfers and siders and rec center users.. Right now tha food outlet Is . provldln~ mOSitly fried bar food only which helps no one after a round of golf or nordic skiing Of even open lil wlnter)..Look.at Singletree clubhouse as example of how it's · . done: .. Let the convention center be built in town where.the.bU51ness r need the traffic of conventioneeF!l.. . . ' Thanks Dale; • •. Jeff Potto Thank God I didn't buV a season passlllll I only pay to play Wed Men's club. Not 50 when #18 becomes a temporary green back In the fairway. If Vail Men's League Is still in the State Inter league come August, then what? I'm sure those who did buy passes will be gettlng. some $$$ back. Yea, right. Sounds like politicians being sleazy as usual; Bobcat Steve Thiesen Thanks for the Info, will try to go next Thursday. JHLtl Walsh ( 0. We need to meet with the VRD ASAP. Margaret Rogers Dale Bugby Vail Resort Rentals, Inc. 970-476-0900 W1'iW. VailResOltReo@ls.com Vistar Real Estate, Inc. 970-476-6223 www.VistarReafEstate.com From: Dale 13!:oby To: ~~Ike Ort:: : Ken Wlleon Cowct' '''t>l-''c!c,n Con'3C1; ; loff mrs (00'20' Rick cad'ba'I'>c CQlt a::t ; bills;;are4;(ilm<n qrn; Couorll DS list; Stan Zf:mler; bglbSOO!Q:vall goy; CpmmDey: C:1a!lI:ltf; GrcrqQ R'[her Cc: ellc e Plain ; le:'tnrjobtpgrnlQ)yahpa coo; ~bi oQ adiQ:yaryoo c;;rn; ''''9rrd'~hctmail COJl; rcwlldvall@yahoo com: l'ailbcMilcomcasto..t; bobwa!sh Q Z!'liIcpmc<:s!.r,et; rv;Fbelm@vall-beaveccrEFk ,::err; bObl"l tmaoi(!y~tm com' f),13J Tavlor; BRlICE ERASER; (arfQr;1l5lc;cmccst 0,'1; dsl;rjRr;I5l <k jcItQya H ,orQ : vall dCiQ:CO!TIC3st ner dawootlili:hctmaji rom: kacloqletoo@o (om; ','ld'!Y';!cayey IOlbotmail.c'Jm : dgrng3142iQ:,va hoo com -s'<jjetre@m<Q m m ; Dennis Koli"r; d oaopas~'co mcast net: dabeJlQ:yall r et : mclohmgo®rOQ)ract net; steyleofpb®Qmail cnm· etaYIo[\~I!et com: Gpne Hf;QN" geoffrevgmht\i)nmal l com; geordyOQZ@omall com: gsyaU! 3@ gmall com' gllld p!967@hotmall com ' (Pc"OankIOlaol coro' hugboajne@botmail cpm: l as()(!skjsya jllQ:omall com; ja ymtayl or@hotmall mm­ 'cobeo@cpheocOOstOJction!oc com; jeft@ l gffogtto com; lamesmaurer@bel'saflh net' bymedOQ@arosachaletscom ' vendettasyall@ao! com: jtcaoQO@netzem com' Duckhlltt!l!gmall Co m­ jc lcyl1@hotmail com: pazzornarl<@hotrnail com; prima@Vall net; theschwartzisstmoo@Vahoo com' mplsh16@grnall com: tlJeblueme@aoi com' oloolicdard j@yahoocom-pauibass30@comcastnet' nestern63@hotmeil cpm; pesso@corncast,Peti pete Nelson: pcwyaill@msn corn-phllbenneU8@rnsn com; dcb frgyberg@comcast,net: rodoey1ohn~comrs com' su!fdork8B@yaboo com-ply@Vall net ' Bob Walsh; bobcat19@ao! cgm' taxman@txstateedYi stcvall@yaboo cgm -storage@vaji Oet-todd@ddenl com­ toddmos:;a85Z@botmall,cgm: toddnyail@aol.cgm: toddrasl!@yahoo com; reeljob2001@yahoo com: tn!!kkat!l!exdte mm-awabbott@rnsn com; daYldrnnevall@bot(Mll com ' pete pattj59!J@corncp&togt' slrlvncb@msn com' bbbiounl@ao! com -ttJeappralsalglfr@ao! com;' gyanburgnOl @rom cast oet; , tbun5ddgp@ao! com-douglas rncayitv@grnaU com: p seldrnan@rnsn coOl: emalzabn12@grnall com ·; gary@SrPyall com-schwartz daniel m@gmailcom ' arneltt@epjclott oct, sayubu78@bptmall cgm:,' raylaybeoOI!@gmaii com; klskler®yall net: dreud@yalldallycam ' Ulmurad@yaboo,com; werQOZ@cQX.oet: lobnahlb[andt@comrast neti leffrey brown@rtJc cpm; shawn366@Vahoocpm: zgllnk@ag! com: steyeslmooett@ComcaSt net· 1moore@pga com Subject:. The Feedbadi Is Consistent and Stfll Coming In, We dldn"t know about It and we doo"t want Itl Date:' niurs&Y, June 14, 2012 8:20 :5Q AM' . . . . . . . . I am-oppo.ed to #18 becoming. a parking lot~ Although t am not a voteri I can clearly se. that the plafT.. . . pre.ented to the vote,. Is not the plan we are now seeing... Trudy How• . You can pass mynarri.·along as not In favor of more parking lot~ Thanks.. . . - Geordy Ogden Perhaps you could .end 'us the plan. I would like to .e. exactly what Is planned;; Thanks, Lynn C. Gottll.b. . I'm glad I found. out,about this, 20 years I've be.n playing the vall course ,and to mess up ( ruin) hoi. 18....why? It's really one of two true 5 pars on the course. don't turn It Into a parking,lot.. What's next.., turning the Gore Range Into a parking .tructure7 Save the 18th save the 18th save the 18thlllli Scott Savage 20 year resident, To whom It may concern. I have be.n a part time r ••ldent of Vall sine. 1988; have worked' at the­ golf course and continue to play It every summ.r. I oppose de.troylng one of the top hole. on the course for a dubious, at best, construction project decided on by people who (I'm gue••lng) don't even play the course. Golf and excellence of the course should be the highest. priority of the VRD, ancillary services and amenltl.s MUST take a back ••at to the primary purpo.e of the cours.; which Is the game of Golfn Eric Taylor ( ----------------.-........ .-.------------_.­ ( change the use of the 18th hole with little or no input or protection for the nei orhood, the home owners, the golfers or our beloved Vail community. Once again, based upon our personal experience, no additional parkin is required at this site and public transportation is a safe, economical and environmentally friendly way to accommodate all our purposes. The update to the clubhouse can and should be accomplished on your timetable with a more carefully and tightly drawn subdivision plat, and the lS,h hole and green can be protected with a continuation of its current OR zoning. Please help us preserve this important openlrecreational space in Vail by redrawing the subdivision plat in a way which gives the Town the ability to accomplish its club house renovation objectives on schedule but which does it in a way which helps protect our valuable open space and the 18 th green from current and future development, and which limits the area changed to the GU zone district to the area actually required for the clubhouse expansion. Thank you very much for your consideration of our concerns and this suggested approach. Glenn & Heather Hilliard 1801-A Sunburst Drive, Vail 3 Some of the more specific reasons for OUI clients' objections are as follows: Substantive Objections: 1. The proposed zone change is unjustified by any legitimate measure under which a zone change is to be considered. More specifically: a. The proposed zoning amendment is inconsistent with the desires of the residents and adjacent property owners in the neighborhood, who are, to the extent we can determine, unanimous in their opposition to the proposal; b. The proposed zoning amendment is not necessitated or prompted by any standard which would warrant a change in the current zone district, or the redevelopment of the clubhouse associated with the Vail golf course, but rather by a perceived need on the part of the Town for a revenue-generating event area and a perceived need for additional parking largely if not exclusively related to that event area; c. The golfing community, the actual users of the subject property, has expressed its objection to the change in the configuration of the 18th fairway and green both to the Vail Recreation District and to this Counci 1 in no uncertain terms; d. The proposed zone district amendment would destroy what many in the golfmg community consider to be one of the signature holes, if not the signature hole,of. the Vail golf course; e. The proposed zoning amendment would pennit uses which conflict with and disturb existing uses on and destroy the value of adjacent properties . 2. According to the Vail Municipal Code­ "The general use district is intended to provide sites for public and quasi-public uses which, because of their special characteristics, carmot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. The general use district is intended to insure that public buildings and grounds and certain types of quasi-public uses permitted in the district are appropriately located and designed to meet the needs of the residents and visitors to Vail, to hannonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses." (Emphasis added.) Vail Municipal Code, Section 12-9C-1 2 As has been and will be demonstrated by the leiters and voices of adjoining property owners and the golfing community, the proposed change in zone district and t..'1e proposed changes to the use of the subject property which would be permitted upon that change in zone district designation neither meet the needs of property owners, residents, or those who use the subject property, nor would the proposed change and related uses harmonize with surrounding uses. 3. Most ofthe uses permitted in the General Use zone district are far more aggressive than should be allowed in or adjacent to either a residential zone district (as is the case with the property to the south) or an outdoor recreation zone district (as is the property on the north and east). The current Outdoor Recreation zone district is the only effective protection available to the adjacent property owners and residents against the following uses which are permitted, under the conditional use permit process, in the General Use zone district, but which are prohibited in the Outdoor Recreation zone district: Churches Helipad Hospitals, medical and dental facilities, clinics, rehabilitation centers, clinical pharmacies, and ambulance facilities. Major arcade Plant and tree nurseries, and associated structures Public and private schools and educational institutions Public buildings Public parking structures Public theaters, meeting rooms and convention facilities Public transportation terminals Public utilities installations Type III employee housing units Water and sewage treatment plants. 3 Lorelei Donaldson From: SARA NEWSAM <snewsam691@msn .com> Sent Thursday, June 28, 2012 9:10 PM To: Council Dist List Subject: Vail Golf Course Clubhouse and 18th fairway Lorelei Donaldson From: stephen collins <stcvail@yahoo.com> Sent: Friday, June 29, 2012 10:36 AM To: Dale Bugby; VRD Board; Council Dist List; Alice Plain; Chris Johnson; king_ad@yahoo .com; wgmd@hotmail.com; rcwildvail@yahoo .com; bobwalsh971 @comcast.net; rwilhelm@vail-beavercreek.com; bobzeltman@yahoo.com; BRUCE FRASER; c.arford@comcast.net; vaildc@comcast.net; daverootl@hotmail.com; kasi ngleton@q.com; wavyg ravey@hotmail.com; dgmg3142@yahoo.com; skijetre@msn.com; Dennis Koller; d.pappas@comcast.net; dabel@vail.net; stevieofpb@gmail.com; etaylor@]et.com; Gene Henry; geoffreygroh@gmail.com; geordy007@gmail.com; gsvail13@gmail.com; guido1967@hotmail.com; hughpaine@hotmail.com;jeff@jeffpotto.tom; Jeff Wiles Contact; hymedog@arosachalets.com; Joe Hanlon Contact; vendettasvail@aol.com; jfcanon@netzero.com; puckhut@gmail.com; Ken Wilson Contact; pazzomark@hotmail.com; prima@vail.net; theschwartzisstrong@yahoo.com; mgish16 @gmail.com; ninolicciardi@yahoo .com; paulbass30@comcast.net; nesterp63 @hotmail.com; pesso@comcast .net; pcwvaill@msn.com; philbennett8@msn.com; Rick Sackbauer Contact; rodneyjohnson@comfS.com; surfdork88@yahoo.com; oly@vail.net; Bob Walsh; bobcat49@aol.com; taxman@txstate.edu; todd@ridenLcom; toddmossa857 @hotmail.com; toddnvail@aol.com; toddrash@yahoo.com; reeljob2001@yahoo.com; truikka@excite.com; davidcranevail@hotmail.com; pete .pattison@comcastnet; sirlynch@msn.com; bbbiount@aol.com; theappraisaloffc@aol.com; thun5ridge@aol.com; douglas.mcavity@gmail.com; p_seidman@msn.com; emalzahn12 @gmail.com; gary@srevail.com; rayjaybenoit@gmail.com; klskier@vaiJ.net; jjjmurad@yahoo.com; jeffrey.brown@rbc.com; shawn366@yahoo.com; stevesimonett@comcast.net;j.moore@pga.com; bcollins@pga.com; bonnieblecha@aol.com; meghealthnut@earthlink.net; crowderg@comcast.net; crcrowley@comcast.net; nncur@aol.com; wldrebecca@mac.com; rsguerry@comcast .net; jhansen@sprynet.com; trudyhowe@myway.com; daineemc@aol.com; vailgail@hotmail.com; tpesso@comcast.net; ywc.lIl@gmail.com; gwiseco@gmail.com; sfcvail@yahoo.com;jland@chotin.com; schotin@chotin.com; art@abplanalplawoffice.com Subject: Re: REC Board Supports the Destruction of #18 ( Tamm Tamm for weddings and meetings only takes away business from the local hotels and resta nts that already own meeting space. Dale Bugby Vall Resort Rentals, Inc. 970-476-0900 W]'VW. VallResortRentals. com Vistar Real Estate, Inc. 970-476-6223 www.VistarReaIEstate.com 2 ----------------------- . Hopefully the public backlash of the ( t a ers will be such that ou will abandon thi~ . Rest assured that I will make o a end a Town ouncil meeting the n x Ime I'm in Vail to s hare my thoughts a out this as well as on many other planning matters including the hospital debacle that is being entertained 10 the detriment of another established residential neighborhood. Sincerely, Fred Wyman Frederick Wyman 30776 Dover Road Easton, Maryland 21601 fredwym an@gmail.com 410 822 5680 P/F 914 980 5791 C 2 Tamm ( Tammy Nagel .. From: Sent: To: Subject: Pam Brandmeyer Monday, July 02, 2012 12:32 PM Bill Gibson; George Ruther; Greg Hall; t-/iatt Mire FW: Vail Golf Course Project Collective Council e-mail. .. From: CURTIS OLSON [mailto:curtisolson@me.com] Sent: Sunday, July 01,201211:14 PM To: Council Dist List Cc: curtisolson@me.com Subject: Vail Golf Course Project Ladies and Gentlemen: Below is the letter I sent close to one month ago, and I still feel as strongly about this project as ever. I am making every attempt to be at every meeting, but not being a full-time resident currently is difficult to do so. This project directly hurts my quality oflife as well as significantly impacting my propert value . I truly hope you will do the right thing in preserving what is left of our valley. There are other option retain the 18th green and the magnificence of the golf course. Curtis and Kris Olson Our names are Curtis and Kris Olson. We own the home at 1785 Sunburst Drive. The home is located directl behind the 18th green, first home next to the Vail Golf course parking lot. We and our neighbors are very concerned about the proposed plan for the golf course parking. I attended the plarming meeting to express my concerns during the rezoning vote where NO plans were presented . I will not be able to attend the town meeting this coming week for I'll be out of town. The proposal to remove the 18th green and replace it with a parking lot will: I. Significantly impact my property value. And I mean significantly. 2. Significantly impact my quality 6flife. Concerns:: I . The parking plan is to add a 35 space lot on the 18th green which is an incremental addition of onl 19 parking spaces a. Have all options been explored b. Why not allow for street parking to accommodate large events c. Valet cars on the driving range where there is no impact to homes and more space available . This could be 100 parking spaces d. Expand the parking lot between the 12th green and 13th tee box and shuttle patrons. This could be used in the winter by snowshoers, ice climbers, nordic skiers e. Expand the lot at the soccer field . You could shorten hole 6 to accommodate more spots. Spots could be used in the winter for skiers and Vail Resort employees f. Utilize Ford park parking and the city bus system which is one of the best in the country g . Utilize Public Works parking lot on the other side of the frontage road on weekends h. Have out of town patrons utilize hotel shuttles which all the higher end hotels have. Removing precious green space to replace with asphalt in a town that is so lacking in green space would be a tragedy. A net add of 19 spots will not allow for a golf tournament and event at the same time. So why do it. t / 2. There is a landscape proposal to block our view of the new parking lot, which based on how our home is situated will not completely block the view. If it does, it will block my entire view from our basement den, living areas, deck and master bedroom. No landscape plan will come close to replacing our cunent situation. 3. There does not seem to be a management plan for the new property. In summary, I love this town and the commitment the city has had to improve and preserve its great culture. I' a big fan of improving the golf club house but the parking plan has not been thought through. There are many better options for the city and the facility to meet their needs. Removing a beautiful green space that is currently a signature piece of property tor a NET GAIN of 19 parking spots is not in the best interest of anybody. Our family and property is obviously directly impacted and hurt by this proposal. Thank you for your time and your service to our community big and small. I ask that you consider more cost effective, creative alternatives before proceeding with your current plan. 1 presented these concerns at the May Planning District meeting as well as to Greg Hall (Public Works Directo ) Michael Ortiz (VRD), Pedro Campos (Zehren Architects) and David Kaselak (Zehren Architects) at my home on 6-1-12. Sincerely Concerned: CURTIS OLSON 719-964-8765 curtisolson@me.com CURTIS OLSON cu rtisolson@me.com 2 / Tamm ( Tamm Tamm Tammy Na~el From: Pam Brandmeyer Sent: Monday, July 02, 2012 12:53 PM To: Matt Mire; Greg Hall; George Ruther; Bill Gibson SUbject: FW: the relocating of #: 13 on the vail golf course Collective Council e-mail. . . From: Paul Seidman [mailto:Daulhseidman@qmail.coml Sent: Saturday, June 30,2012 1:38 PM To: Council Dist List Subject: the relocating of # 18 on the vail golf course Tammy Nagel From: Pam Brandmeyer Sent: Monday, July 02, 2012 12:55 PM To: Matt Mire; George Ruther; Greg ;-1311.: Bil Gibson Subject: FW: Collective Council e-mail. .. -----Orig inal Message----­ From: janet rev [mailto:janetrey@comcast.net) Sent: Saturday, June 30, 2012 9:33 AM To: Council Dist List Subject: DefficounciIMem~~,P~I~~=~~~~~~~~~~~~~~~~~~~~~~~~~~~~~un~t~o~f Members of the Vail Town Council: Tle Stal"fire Company limited, is tr.e owner of lot 3, Vail Valley 3rd Filing, with an address of1815 Sunbu :st Drive, Vail, CO. This property is one of those adjacent to the Town golfcourse p2rcel which is proposed br a zo ne district amendment cha nging the Town golf course pa reel from the Outdoor Recreation zone district to the General Use zone district. On behalf of Starflre Company Limited, ! am authorized to state that Starfire and its owners strongly object to the proposed action. The Vail Municipal Code establishes the criteria for denying or approving a zone district amendment. The proposal violates each and every one of those criteria, as follows: (1) The extent to which the zone district amendment is consistent with all the a pplicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town -Response -It Is impossible for us to believe that there is anything in any comprehensive plan which suggests that any part of the Vail golf course Is to be converted to a parking area, events center, or put to any other active use permItted (with or without conditions) In the General Use zone district. (2) The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents -Response -The conversIon of the parcel to General Use zone district would conflict with the residential uses of the adjoining property in many ways -noise, vehicular air pollution, destruction of quality of life and the ability of residents to enjoy their property being examples. (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with munlclpal development objectives -Response -The proposal is totally in conflict with the residential nature'ofthe adjoining property and municipal development objectives of the Town of Val! do not (or at least should not) include the destruction ofthe environment or life experience of adjoining residents -full-time and part-time -which would be the effect of this proposal. (4) The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole -Response -The proposal does not provide for growth of an orderly Viable community but would effectively destroy part of a long-established viable neighborhood. (5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features -Response -The proposal would destroy the natural environment with specific reference to air quality, noise, vegetation and other desirable natural features. (6) The extent to which the zone district amendment Is consistent with the purpose statement of the proposed zone district -Response -the statement of the proposed General Use zone district indicates -----------.~~--.----._----------------------+----' that the purpose of that district is to provide "sites for public and quasicpublic uses which ., . cannot be 2ppropriately regulated by the development standards prescribed for other zon ing districts" and "is intended to ensure that public buildings and grounds ... are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses." Each of these standards is violated in the case of this proposal. (7) The extent to which the zone district amendment demonstrates how conditions have changed. since the zoning designation of the subject property was adopted and is no longer appropriate -Response ­ No changes have occurred since the current zoning designation was assigned to the subject parcel which would justify the proposed change' in zone district designation, permitting a wide range of uses incompatible with the adjoining properties and neighborhood. (8) Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning -Response -There are no other factors or criteria which are applicable to the subject parcel or to this proceeding and which Justify the proposed action. Based upon this analysis, the principals of Starfire Company Limited, as an adjoining property owner, request that the Coulldl deny the proposed change in zone district designation. Respectfully, r Lorelei Donaldson From: CURTIS OLSON <curtisolson@me.com> Sent: Saturday, June 02, 2012 7:00 PM To: Council Dist list Cc: curtisolson@me.com Subject: Golf Course Parking Plan Our names are Curtis and Kris Olson. We own the home at 1785 Sunburst Drive. The home is located directly behind the 18th green; first home nex t to the Vail Golf course. We our neighbors are very concerned about the proposed plan for the golf course parking. I attended the planning meeting to express my concerns during the rezoning vote where NO plans were presented. I will not be able to attend the town meeting this coming week for I'll be out of town. The proposal 10 remove the 18th green and replace it with a parking lot will: 1. Significantly impact my property value. And I mean significantly. 2. Significantly impact my quality oflife. Concerns:: 1. The parking plan is to add a 35 space lot on the 18th green which is an incremental addition of only 19 parking spaces a. Have all options been explored . b. Why not allow for street parking to accommodate large events c. Valet cars on the driving range where there is no impact to homes and more space available. This could be 100 parking spaces d. Expand the parking lot between the 12th green and 13th tee box and shuttle patrons. This could be used in the winter by snowshoers, ice climbers, nordic skiers e. Expand the lot at the soccer field. You could shorten hole 6 to accommodate more spots. Spots could be used in the winter for skiers and Vail Resort employees f. Utilize Ford park parking and the city bus system which is one of the best in the country g. Utilize Public Works parking lot on the other side of the frontage road on weekends h. Have out of town patrons utilize hotel shuttles which all the higher end hotels have. Removing precious green space to replace with asphalt in a town that is so lacking in green space would be a tragedy. A net add of 19 spots will not allow for a golftoumament and event at the same time. So why do it? 2. There is a landscape proposal to block our view of the new parking lot, which based on how our home is situated will not completely block the view. If it does, it will block my entire view from our basement den, living areas, deck and master bedroom. No landscape plan will come close to replacing our current situation. 3. There does oot seem to be a management plan for the new property. In summary, I love this town and the commitment the city has had to improve and preserve its great culture. I'm a big fan of improving the golf club house but the parking plan has not been thought through. There are many better options for the city and the facility to meet their needs. Removing a beautiful green space that is currently a signature piece of property for a NET GAIN of 19 parking spots is not in the best interest of anybody. Our family and property is obviously directly impacted and hurt by this proposal. 1 7/1712012 4 -7·1 Lorelei Donaldson From: Lee S. Chapman <leapin66@me.com> Sent: Tuesday, July 03, 2012 2:42 PM To: Council Dist List Subject Fwd: Town Council hearing July3, 20l2--Zone District Amendment--Vaill Golf Course Attachments: Vail Town Council-Chapman .120625a.doc; ATTOQOOl.htm Please consider this letter pertaining to your meeting tonight-----thank you! Lee and Sandy Chapman Begin forwarded message: From: 'Lee S. Chapman" <leapin66@me .com> Date: July 3,20123:19:12 PM CDT To: Chapman Lee <leapjn66@mac .CQm> 1 7/ 17 /2012 4 -7 -7 3 Tammy Nagel We implore you to abandon the current plans, to preserve the 18th hole and green as they exist today and to put the available money into a world class nordic, golt; biking and neighborhood restaurant, coffee shop and clubhouse. Thank you for your consideration. # \ \0 . :e.-"t.~ \~~ nn Hilliard & Heather Hilliard ~ Page 3 of3 711 712012 4 -7 -99 Vail Valley Suite 310 Warner Professional Building 2 Post Office Box 2800 Vail, Colorado 81658-2800 Telephone: 970.476.6500 Telecopier: 970.476.4765 Town Council Town of Vail Vail, Colorado Law Office of ARTHUR A. ABPLANALP, JR. L.L.C. www.abplanalplawoffice.com Art@AbplanalpLawOffice.com 11 July 2012 Fort Co ·ns Suite 2 0 Historic Mill Block 11 Old Town Square Fort Collins, Col ado 80524 Telephone: 970482.6900 Telecopier: 970482.6905 Re: Proposed Reconfiguration of 18th Fairway and Green, Vail Golf Course Members of the Council: As the members ofthe Council are aware, this Office has been engaged by Glenn Hilliard, the owner of a residence at 180 I-A Sunburst Drive, Vail, in association with the proposal before the Town of Vail to destroy and relocate the 18th green and part of the 18th fairway of the Vail Golf Course as well as the proposed zone district amendment related to that action. Mr. Hilliard's property and residence adjoin the property where that action is proposed. Mr. Hilliard has been joined by other residents of Sunburst Drive who are owners and/or residents of properties adjacent to the threatened area, and as a group they have attempted to identify for the benefit of the Council and the Vail Recreation District the many reasons which warrant abandonment of the current plan. The points and concerns expressed by Mr. Hilliard and other owners directly to Council are generally shared by all and should be considered by Council to be a united opposition to the current plan. It is the position ofMr. Hilliard and his neighbors that no condition exists which warrants the relocation of the 18th green and fairway from their current location. To convert this area to an area devoted to event gatherings, or gatherings of virtually any other public nature, would constitute a nuisance to the adjoining residences and a violation of the covenant which affects this property. For these reasons, among others, Mr. Hilliard and his neighbors respectfully request that the 18th green and fairway be left in their current configuration. It was originally our understanding that the action proposed for the 18th green and fairway was based upon the perceived need for construction of additional parking and an outdoor events venue in connection with an expansion of the Vail golf course clubhouse. At the Council meeting on the 3rd of July, the focus with reference to the need to take the proposed action seemed to shift to safety and a perceived mandate related to the vote approving the expenditure 1 ( of taxes collected for a conference center. For that reason, this letter deals primarily with those two subjects with which the Council seems to be concerned. Safety: The Council has identified three areas of concern with reference to safety, none of which constitute existing problems warranting the destruction and relocation of the 18th green and the western third of the 18th fairway. These areas of concern are (1) golf balls from the driving range landing on the 18th fairway, (2) the proximity of residences adjacent to 18th green and the western part of the 18th fairway, and (3) the danger posed to a proposed commercial. events venue east and/or south of the clubhouse. For the reasons noted below, none of these reasons warrant the action under consideration. 1. -golf balls from the driving range landing on the 18th fairway -The Town's expert in golf course design has indicated that golf balls hit from the driving range sometimes land on the 18th fairway, and that, for this reason, the portion of the 18th fairway affected should be deactivated as a fairway. There are at least three problems with this logic. a. Although the expert did not display the results of any study on the north side 0 the driving range, the effect of the existence of the driving range on the 10th fairway to the north of the range is likely identical to the effect on the 18th fairway. If the impact area on the 18th fairway is to be deactivated, then the sam logic dictates that the impact area on the 10th fairway should be deactivated, and the hole should be converted to a par 3, if it can remain in existence at all. b. The approach under consideration would effectively "sterilize" the impact areas on the 18th fairway against any use whatsoever. The impact area would become a vacuum where no activity whatsoever could occur. Real estate owned by the Town of Vail doesn't remain a vacuum, whether sterilized or not. c. Finally, in recognizing the fact that any abandoned part of the 18th fairway wil not long remain unused, it must be observed that virtually any use of that ground will create greater risk for the Town than "its current risk. For example, where perhaps as many as twenty golfers (five foursomes) briefly travel the 18th fairwa during an hour on a busy day, a venue for events would result in 200 or more individuals being exposed to the perceived hazard for an extended period oftime. Any such existing hazard would be increased by a factor often times (20 vs. 200) if the Town were to take the direction currently proposed. This impact would be aggravated by the fact that, while golfers almost certainly would have assumed th risk of injury by errant golf balls while engaged in the sport, persons attending an event would not be subject to such an "assumption of risk" defense. 2 The Town has received no voter mandate for the destruction or relocation of any part of the 18th fairWay or the 18th green. Other Considerations: Apart from the lack of justification for the abandonment of the western part of the 18th hole of the Vail golf course, there exist at least four other considerations which require withdrawal of the current proposal. The covenants associated with the 1984 deed through which the Town acquired the subject property prohibit the use of the property which includes the 18th hole for any purpose other than a "public golf course or open space or park for the benefit of the public and only such other related support facilities required for those purposes". The conversion of part of this property into an events center for the purpose of putting "heads in beds" is a commercial use which violates that covenant. That covenant was and is enforceable by the successors and assigns of the Pulis Ranch Company . Available information indicates that the owners of the properties on Sunburst Drive are successors and assigns of the Pulis Ranch Company entitled to enforce that covenant. Mr. Hilliard does not wish to placed in the position of being required to enforce that covenant, nor do I understand any of the other property owners to be determined to take such a direction. If, however, the former Pulis Ranch property is converted to a use which violates that covenant, he, or any of his neighbors, may be compelled to consider that course of action as the only available remedy. A second concern is the fact that virtually any use of the part of the 18th hole under consideration for abandonment will, if abandoned, be converted to a use inconsistent with the ability of the neighboring property owners to quietly enjoy their property. Of particular concern is the virtual certainty that noise associated with the activities in this area will constitute a nuisance to the neighboring properties and that the proximity of large numbers of people in this area will result in an invasion of privacy. The golf course was conveyed to the Town of Vail and established as part of an overall plan for that golf course, open space or park for the benefit of the neighboring properties. The owners of those properties are entitled to continuing recognition of this plan, whether through respect of the original covenant or otherwise. Another consideration is the reality that, if the Town closes part of the 18th fairway as proposed but does not eliminate other similar hazards, such as the threat to golfers on the 10th fairway or to pedestrian and bicycle traffic passing under the tee of the 16th hole, then the Town will have effectively acknowledged the existence of a threat at one location without having dealt appropriately with the threats at other locations where the same threats exist. Any party injured in one of those virtually identical situations would have an easier case demonstrating that the Town has only selectively corrected an identified problem, and that he or she suffered injury because the Town did not take identical action wherever the perceived threat exists. 5 ~. ~--... Finally, it must be recognized that (a) the conversion of properties from golf course properties into properties which front on vacant land whose future is largely unpredictable, and (b) the noise and disturbance associated with activities in a commercial event venue, constituting a nuisance in every sense of the word, will have a catastrophic effect on the values of the properties currently adj acent to the western third of the 18th fairway. While we have attempted to focus on the interests of the Town of Vail and the golfing public, and the fallacies of the justifications offered for the reconfiguration of the 18th fairway, the impact on owners and residents who have long relied on the development plan created in the 1970's and confmned in the 1984 deed to the Town of Vail cannot be ignored. The Town accepted the 1984 deed subject to a covenant which was clearly intended to perpetuate a plan which provided for the Sunburst Drive lots to enjoy golf course frontage, and the Town has a moral, as well as a legal, obligation to respect that plan and the reliance of owners and residents on that plan . Options: Although Mr. Hilliard cannot speak for each of his neighbors in this regard, it is possible that action might be taken to protect the interests of the Town of Vail while insuring the continued existence of the 18th fairway and green in their current configuration. If there is a desire to protect the interests of the Town of Vail while insuring the continued existence of the 18th fairway and green in their current configuration, Mr. Hilliard would be willing to work with the Town and his neighbors to subject the properties of concern with respect to errant golf balls to a covenant of generally the following content, consistent with recent golf course development: "Every Lot subject to this covenant is subject to an easement permitting golf balls unintentionally to come upon the Lots adjacent to the golf course, and the owners of each such Lot, for themselves and their successors and assigns, agree that neither such owners, nor their successors and assigns, shall make any claim against the Town of Vail nor the Vail Recreation District, nor any councilperson, officer, director, employee or agent of either, while acting in such capacity , as a result of injury or property damage resulting from such errant golf balls being unintentionally hit onto any of the Lots. The existence of this easement shall not relieve golfers of liability for damage caused by errant golf balls. " With reference to any perceived threat from the driving range, it has been suggested by some in the golf community that a monitor might be stationed at the driving range to enforce a control preventing conventional balls from carrying over the fence which surrounds the driving range. If this step were coupled with signage advising those using the driving range that their use of the range will be terminated if a ball is hit over the fence , then this might be an effective step in preventing errant balls from landing on either the 10th or the 18th fairway, saving both. While there would be a cost to such action, that cost would not approach the more than $350,000 which will be required to reconfigure the 18th fairway and green . 6 ( Summary: As noted in the previous communication to the Council on behalf of Mr. Hilliard in connection with the proposed zone district amendment, we submit that it is the Town's duty to be certain that activities motivated by its own-perceived needs and agenda are undertaken only with appropriate recognition and respect for the legitimate rights and expectations of its residents and property owners . Once again, Mr. Hilliard wishes to thank the members of the Council for their consideration of his concerns , the concerns of his neighbors, and the opinions of the golfing community in preserving a recreational asset of the Town of Vail of importance to all. DEC-18-2012 10:56 TBANK UHILLS P . 01 DISTRICT COURT FOR EAGLE COUNTY P. O. Box 597 Eagle, CO 81631 Plaintiff's: SAMUEL H. MASLAK, et al. Defendants: TOWN OF VAIL, et al. Attorneys for Plaintiffs: Christopher H. Toll, #15388 Steven T. Collis, #40940 Holland & Hart LLP 6380 S. Fiddlers Green Circle, Suite 500 Greenwood Village, CO 80111 Telephone: (303) 290-1600 cto [l@bolJlandhart.com stcollis@hollandhart.com John W. Dunn, #1421 Mountain Law Group, LLC Community Bank Center #206 70 Benchmark Road P. O. Box 7717 Avon. CO 81620 Telephone: (970) 748·6428 idunn@mountainlawgroup.com ... COURTUSEONLY .. Case Number: 2012-cv-921 Division: 3 Courtroom AFFIDAVIT OF JAY B. PULIS, JR. Jay B. Pulis, Jr., having been duly sworn., states as follows: . 1. I am over the age of 18 and have personal knowledge ofthe matters stated below. 2. My father bought land in the Vail Valley in 1941 as a family swnmer retreat. The block ofland was a mile long and 1/4 mile wide, 160 acres in total. 3. Part of our property was land where much of the Vail Golf Course now sits, as well as the land where Sunburst Drive and its homes wind alongside the Golf Course. DEC-18-2012 10:56 -TBANK UHILLS P.02 4. To manage our property, my brother and I formed the Pulis Ranch Company with three equal partners: me, my brother Warren, and a silent trust for the children of our brother who had already passed away. 5. Warren and I also set up Vail Valley, Inc., for the purpose of developing and selling lots for residential use alongside the Golf Course. The three owners of V ail Valley, Inc. were the same as the owners of Pulis Ranch Company: Warren, me, and the trust for our nephew andrueces. 6. We intended from the very beginning to develop the land to be a golf course with supporting golf-related facilities, and surrounding residences. The homes on the border ofthe course were to be golf course lots, and historically they have been marketed that way. 7. Minimizing development and maximizing open space were always very important to us. We always intended the golf course land to remain as golf course land and to be used for recreational purposes. 8. To ensure the neighborhood and the valley met our vision for it, in 1966 we leased our land on which the Vail Golf Course now sits to the Town of Vail, with specific requirements that it should only be used for a golf course or other specified recreational uses. If any clubhouse were built, it had to consist only of facilities ordinarily available in structures operated in conjunction with golf courses. 9. To further achieve our intent regarding limited development, in 1977 we conveyed the land through which Sunburst Drive passes to our residential development company, Vail Valley. Inc., so that the land could be used to develop a community that would be nestled between mountains on one side, and the Golf Course on the other. DEC-18-2012 10:57 TBANK UHILLS P.03 10. The Town used the land leased to it as a golf course, and we saw the neighborhood we had planned come to fruition. 11. By the time we sold the Golf Course property to the Town, the Vail Valley had become one of the nation's premier tourist destinations, and we knew how tempting it would be for the Town to make a large profit by either developing the golf course land itself or selling it to other developers, contrary to the common plan we had for the golf course and its adjoining neighborhood. 12. To prevent that from happening, and to preserve the neighborhood around the Golf Course, we included with the January 11, 1984 deed to the land a restrictive covenant that stated that the only use of the land was for a golf course, open space, park, or related facilities that were required to support those uses ("Pulis Covenant"). The idea behind the Pulis Covenant was to keep the land as undeveloped as possible so it would remain a golf course with only supporting facilities for a golf course. 13. Creating an events center with a wedding venue and indoor/outdoor banquet facilities is not consistent with our intent or the intent of the Pulis Covenant. Our intent was a golf course, simple required support facilities, and surrounding residences, and not commercial operations. 14. We intended that the owners of the lots adjacent to the golf course would be able to enforce the Pulis Covenant in the 1984 deed. Allowing them to do so would maintain our original intent that those lots be golf course lots. 15. The Town officials agreed to use all of the land, including the land where the clubhouse and the 18th Green now sit, for a golf course and related support facilities. DEC-18-2 012 10:57 TBANK UHILLS P .04 16. We did not intend any of the land to be used as a means for increasing revenue for the Town. 17. Our conditions were agreed upon by the Town's officials with their initial signing of the document. I would expect that commitme~~.t? be honored b!~e 1ent ~~resentatives . ~'JG1A( (i:v~<f ~. Ja(!p7~' it'-) U . Date: 2----­J 2-j; ~ ------~7~-/~----- STATE OF COLORADO ) ) SS. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this ) g day of December, 2012, by Jay B. Pulis., Jr. Witness my hand and official seal. ------- c From:wkpulis@aol.com [mailto:wkpulis@aol,comJ Sent: Friday, J~LY 13, ~O}?1:04 PM To: Subject: Re: hello from Vail After reading about the possibility of the Town of Vail installing an Events Center at the Vail Golf Course, it seems like a total sham that it is even possible to do so. yvith our legal document stating the only use being a golf course, open space, park and related facilities, why is this center even being considered? The "Golf Course etc." clause V"las worded to prevent this sort of thing from happening. Why not a hotel, condominiums or dissolving the golf course entirely atthe Town's will and selling the property off to private investors? Our conditions were agreed upon by the Town's officials with their initial signing of the document I would expect that commitment to be morally honored by the present representatives. Warren Pulis Page 3 Commissioner Pratt asked that a digital copy of this additional public comment be emailed to the Commissioners. Sam Maslak, resident of Sunburst Drive, stated that he believes the project is a massive increase in scale that is out of proportion. He highlighted the incompatibility of the proposal with the neighborhood since there will be a five-fold increase in meeting room space size. Additionally, today the meeting room is only used occasionally, but it will be used four times per week as proposed. He is concerned that this project will result in tents, bleachers, and port-a- potties outside the clubhouse. He is concerned that the additional 11 parking spaces being proposed will not be enough. He noted that the current parking is insufficient and today the lot is full. Gretchen Busse resident of Sunburst Drive and representing various Golf Course Townhome owners, stated that it was felt that the increase in activity was inappropriate. She supports a new clubhouse, Nordic center, and grill; but the proposal expands and embellishes the clubhouse too much. She inquired as to where the snow would be stored on the site. She noted that parking on the south end of the parking lot is too close to existing houses. Pedro Campos noted that snow management and removal would be addressed. Gretchen Busse identified concerns about traffic and noise and current parking overflow. She highlighted safety concerns when parking occurs on Sunburst Drive. She expressed concern about changes to the plans for the 18th green from an event pavilion, to a parking lot, and now to a putting area on the site. What assurance does she have that the 18th green will be preserved. Art Abplanalp, attorney representing ten (10) property owners stated that his clients support a remodel of the club house, but that is not what is being proposed. He provided a comparison of existing meeting room areas and the proposed increases. He believes this proposal is for an event center with a golf shop and not for a golf course clubhouse. He spoke to why he believes the conditional use permit does apply to the 18th green. If the 18th green is relocated, he believes a blank check would be given to the Town Council for a future pavilion if a conditional use permit includes an area adjacent to the club house. His clients believe the parking lot rezoning is appropriate, the text amendment for height could be appropriate if it does not result in an additional building story, but more details are needed. He recommended the any additional building height only apply to roof elements or should only apply to golf course clubhouses. He referenced that 80 golfers and homeowners object and have sent the town letters. His clients object to a conditional use permit that will turn the golf club house into a mini Donovan Park Pavilion. He suggested a redesign to have the banquet facility to the north side of the building above the existing cart barn so it will be further from the residential neighbors. The objections of the community and a proposed alternative plan submitted by the neighbors have not yet been responded to by the applicant. He noted his clients concerns about the existing overflow parking and what will occur if events with 200 people are allowed. He does not believe these guests will take buses or shuttles. He asked that the Planning and Environmental Commission send a message to the Town Council regarding the promises made prior to the election and to look at the project again to ensure to that there will be a world class golf course clubhouse and not an accessory to an event center. Joe Batcheller, resident of a Golf Course Townhomes inquired as to improvements in the plan for pedestrian and bicycle user in the area. He suggested that a separate sidewalk, striped bike lane, shared bicycle markings, and methods for controlling vehicular speeds. He also asked what the logic was behind keeping the existing building and foundation. He compared saving the existing foundation to putting a new Lexus on top of an old Pinto chassis. 6/4/2013 Page 4 Laurie Mullen, member of the Vail Economic Council and Vail Local Marketing District, and owner of West Vail Liquor Mart noted that the proposed clubhouse will serve the same purposes as it does today, but with an upgraded building. She stated that the proposed remodel will better serve locals and visitors, and requested that the Commission not allow a few neighbors to block the project. She stated that hole 18 is not iconic, instead what is iconic is the view of the Gore Range from the clubhouse. Skip Thurnaurer, Vail Local Marketing District, spoke to the use of the conference center fund to meet the initial goal of the tax which was to increase stays and visitation in Vail. Use of the conference center funds to renovate the clubhouse was the first choice of their members. He noted that the existing clubhouse is not of the world class of Vail and an improved aesthetic will be good in general and good for the neighbors. Alfred Montano, representing 1925 Sunburst Drive, read a letter from the property owner Rufino Vigil outlining his objection to the relocation of the 18th green and converting the clubhouse into an event center. The letter was made a part of the record. Tom Braun, spoke to the numerous community open houses and Town Council work sessions which have involved the public. He noted that the applicant has made efforts to address comments that have been heard, but it may just be that the solutions are not acceptable to the neighbors. He spoke to several specific questions raised. He clarified that the retaining wall and parking spaces on the south end of the parking lot exist today. He said they will speak to the reasoning for locating the banquet room and patio on the south side of the building and not above the existing cart barn at a later hearing. He spoke to the ability of the applicant to remove the defined conditional use permit area as it was felt that it addressed a concern of the neighbors and would clearly define the impacts of the uses being proposed. Commissioner Kurz spoke to his concern about the neighbors feeling they haven’t been involved in the process, even though public input has been allowed and continues to be allowed. He supports expanding the conditional use permit area outside the building. The parking management plan will be important, and as a biker of Sunburst Drive, he understands the traffic concerns that have been raised. Commissioner Rediker believes the proposed conditional use permit area provides the additional control on the operation of the clubhouse that this project warrants. He likes the idea of a parking management plan and spoke to making shuttles a requirement for certain events and uses. He spoke to the additional information that is needed for considering any building height increases. He supports the amendment of the conditional use permit to achieve the goals of the project. Commissioner Bird stated that she agreed with Commissioner Rediker. She stated that parking is a concern and spoke to how overflow skier parking in this lot disrupts Nordic and event parking. Commissioner Hopkins, stated that this is her first presentation project and she added that she believes it is important for the Commission to balance the concerns of neighbors and take into account negative impacts to property values. With regard to the conditional use permit can the owners bring forward suggestions on noise, lighting, hours, etc. to make the project a better neighbor? She asked if the clubhouse patio gets adequate west sunlight for wedding events. She asked why the existing building foundation was being saved and why the 18th green was being relocated. She agrees with the concerns about bicycles and traffic, and asked if an alternative bike path route was available. 6/4/2013 Page 5 Commissioner Cartin agreed with the concerns raised about pedestrians and bicycles. He commented that the relocation of the 18th green is separate from the clubhouse remodel. The relocation of the 18th is under the purview of the Vail Recreation District and not a matter for the Commission. He supports rezoning the parking lot to the Outdoor Recreation District. The upcoming operations plan and parking management plan are his key concerns. Commissioner Kurz commented that is was good to hear Laurie Mullen’s perspective during public comment. He spoke to the increased revenue from the project and a project such as this will be beneficial to providing continued high level of services. He reminded everyone that this is a public golf course and not a private country club, there are no county club rights associated with the houses along the golf course, and the golf course needs to be managed for the benefit of the whole town. Commissioner Pratt noted that the proposed parking lot configuration appears well thought out. He respects the concerns of the neighbors and stated that it appears suspicious that the 18th green is being relocated which raises concerns that tents will be put there in the future. He believes rezoning the parking lot is a no-brainer. He does not believe the increase in building height should be zone district wide, but instead should be limited in scope. The height should be kept low and 33 feet should not be expected because the neighboring residential allows 33 feet. He is concerned about providing adequate parking and increasing the landscaping buffer between the parking lot and the first home adjacent. He is also concerned about bike and traffic. He also concerned that requiring the use of shuttles for events will not be very guest friendly. 20 minutes 2. 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 ACTION: Tabled to November 12, 2012 MOTION: Kurz SECOND: Cartin VOTE: 6-0-1 (Pierce recused) 20 minutes 3. 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 ACTION: Tabled to November 12, 2012 MOTION: Kurz SECOND: Cartin VOTE: 6-0-1 (Pierce recused) 45 minutes 4. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, to require restoration of watercourses and riparian areas, and setting forth details in regard thereto. (PEC120011) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Recommendation of approval with modifications 6/4/2013 Page 6 MOTION: Rediker SECOND: Cartin VOTE: 6-1-0 (Pierce opposed) 1. That the proposed language be modified to reflect the changes discussed in the public hearing and made as a part of the motion. The applicant shall forward the revised language to the Vail Town Council. Rachel gave a presentation per the staff memorandum. She discussed the challenges of having private improvements removed from public land. The proposed language provides staff an additional tool to get improvements removed and restoration of public property. Commissioner Kurz inquired as to the impacts of properties some distance from the creek that drain to the creek. He was supportive of the proposed language and suggested becoming more aggressive. He added that it appears there needs to bigger hammers provided to staff to affect the changes. That placement of the creek on the impaired stream list was a flair gun not a red flag that something needs to be done. Commissioner Rediker agrees with Kurz and believes that there needs to be greater language to allow the Town to go after violators of public property. Maybe the language should be expanded to tents on property or property needing a building permit but not Design Review application. He made a suggestion regarding the addition of language in subsection A referencing D that the addition of landscaping on public property is not except from Design Review approval. Commissioner Bird agrees with Kurz and Rediker. She inquired as to the town’s ability to enforce these regulations on those portions of the stream located outside the Town boundaries such as in Intermountain. Rachel Dimond responded that those portions of stream not within the Town boundaries are under Eagle County jurisdiction and their regulations. She added that in the past the Town has called the County to bring their attention to concerns and they have typically been addressed. Commissioner Pratt stated that this applies only to town-owned stream tract. He also inquired as to the dated for the effect of a one-time exclusion. Rachel Dimond clarified the one-time exclusion and added that it does not apply to an application on a property with stream tract encroachments. Commissioner Cartin thinks this is a good first step, but future regulations need teeth to cause changes resulting in improved the stream health. Commissioner Hopkins had nothing to add. There was no public comment. Commissioner Rediker made a motion with modifications Commissioner Pierce spoke to the impact of a singular unit wanting a window in an HOA and the need to take corrective action before anyone can make an improvement. This was his reason for voting in opposition as he felt that a single owner should not need to take the corrective action. Warren Campbell reminded the Commission that an application by a single unit owner in a multi- family development had the H.O.A. as a joint applicant. 5 minutes 6/4/2013 Page 7 5. A report to the Planning and Environmental Commission on the administrator’s approval of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the continued use of a private parking lot, located at 934 South Frontage Road/Unplatted, and setting forth details in regard thereto. (PEC120034) Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group Planner: Warren Campbell Warren Campbell summarized the administrative action. There was no public comment. There was no Commissioner comment. 6. A request for the review of conditional use permits, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, for a healthcare facility and a public building and grounds, to allow for the redevelopment of the Town of Vail municipal site with a medical research, rehabilitation, and office building and a municipal office building located at 75 and 111 South Frontage Road West/ Unplatted, and setting forth details in regard thereto. (PEC120012) Applicant: Vail MOB, LLC, represented by Triumph Development and Town of Vail, represented by Consilium Partners, Vail Planner: Warren Campbell ACTION: Tabled to November 12, 2012 MOTION: Cartin SECOND: Rediker VOTE: 7-0-0 7. A request for the review of a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting forth details in regard thereto. (PEC120027) Applicant: Anne Upton, represented by Pierce Architects Planner: Bill Gibson ACTION: Tabled to November 12, 2012 MOTION: Cartin SECOND: Rediker VOTE: 7-0-0 8. A request for the review of a conditional use permit, pursuant to Section 12-7I-5, Conditional Uses, Generally (On all levels of a building or outside of a building), Vail Town Code, to allow for a ski lift and tow (gondola), located at 934 South Frontage Road/ Unplatted, and a request for a conditional use permit, pursuant to 12-8B-3, Conditional Uses, Vail Town Code to allow for a ski lift and tow (gondola), located at 830 Forest Road/Unplatted and setting forth details in regard thereto. (PEC120035) Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group Planner: Warren Campbell ACTION: Tabled to December 10, 2012 MOTION: Kurz SECOND: Cartin VOTE: 7-0-0 9. A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to allow for amendments to Title 12, Zoning Regulations, to amend the development review process, and setting forth details in regard thereto. (PEC120010) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Tabled to December 10, 2012 MOTION: Kurz SECOND: Cartin VOTE: 7-0-0 6/4/2013 Page 8 10. Approval of October 8, 2012 minutes ACTION: Approved MOTION: Kurz SECOND: Cartin VOTE: 4-0-3 (Bird, Rediker, Cartin abstained) 11. Information Update 12. Adjournment ACTION: Approved MOTION: Kurz SECOND: Cartin VOTE: 7-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published October 19, 2012, in the Vail Daily. 6/4/2013 TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 12, 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 6/4/2013 Town of Vail Page 2 I. SUMMARY The applicant, Town of Vail, has submitted three separate; but related, development applications for the Planning and Environmental Commission’s review to facilitate the renovation of the Vail Golf Course clubhouse: • 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 amendment to allow building heights of up to 33 feet for sloping roofs within the Outdoor Recreation (OR) District. • Conditional use permit amendments to allow for the redevelopment of the Vail Golf Course Club House. Based upon Staff’s review of the criteria outlined in Section IX of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the proposed zone district boundary amendment application, subject to the findings noted in Section X of this memorandum. Based upon Staff’s review of the criteria outlined in Section IX of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the prescribed regulation amendment application, subject to the findings noted in Section X of this memorandum. Based upon Staff’s review of the criteria outlined in Section IX of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission approves, with conditions, the amendments to a conditional use permit application, subject to the findings noted in Section X of this memorandum. 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 sloping roofs in the Outdoor Recreation (OR) District. 6/4/2013 Town of Vail Page 3 • Conditional use permit amendments to allow for the redevelopment of the Vail Golf Course clubhouse. ZONE DISTRICT BOUNDARY AMENDMENT The applicant is proposing a zone district boundary amendment to rezone Lot 3, Sunburst Filing 3 from the General Use District to the Outdoor Recreation District. Lot 3 includes a portion of the existing golf course parking lot and is zoned General Use District. The adjacent areas of the Vail Golf Course, including the clubhouse and the remainder of the parking lot, are zoned Outdoor Recreation District. This proposal consolidates the clubhouse and parking lot areas of the golf course into one zone district. PRESCRIBED REGULATION AMENDMENT The applicant is proposing to increase the allowable building height limit within the Outdoor Recreation District through amendments to Section 12-8B-7, Height, Vail Town Code. Based upon the applicant’s request (Attachment B), the applicant is proposing the following amendment (text to be added is in bold): “12-8B-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed twenty one feet (21'). For a sloping roof, the height of buildings shall not exceed twenty four feet (24'). For golf course club houses, for a flat or mansard roof, the height of buildings shall not exceed thirty feet (30’'). For a sloping roof, the height of buildings shall not exceed thirty-three feet (33’).” CONDITIONAL USE PERMIT AMENDMENT As identified in the applicant’s request (Attachment B), the proposed golf course clubhouse renovation involves numerous project elements including 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 to be shared throughout the building, however there will be separate entrances for the Banquet Room and the recreation uses. • A grill/bar sized for +/-40 people plus outdoor/deck space, • A kitchen sized to serve the grill and a separate “warming kitchen” space for the Banquet Room, • Arrival to Golf/ pro shop and Nordic space at the parking lot level, • Project design that provides for both winter and summer use to a finished quality expected for Vail guests, • The separation of uses and enhancement of circulation throughout site and within the building, • Location of golf course finish area on the east side of the building in order to encourage golfers to exit through the grill/pro shop, • Clarification of circulation and entry on the front side of the building, 6/4/2013 Town of Vail Page 4 • Maintain approximate existing building square footages while increasing the efficiency and functionality of the building, • Two-story tall (4 level) building, and • Reuse of as much of the existing building structure, which is critical to maintain the original project budget.” To clarify, the three subject development applications have no bearing on whether the existing 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), applicant’s response to PEC questions from the October 22nd hearing (Attachment C), the proposed rezoning map (Attachment D), Outdoor Recreation District Map (Attachment E), Management and Operations Plan (Attachment F), proposed plans (Attachment G), traffic report (Attachment H), preliminary drainage report (Attachment I) photographs (Attachment J), and written public comment received since the Commission’s October 22nd hearing (Attachment K) have been attached for review and inclusion in the record. III. BACKGROUND The Vail Golf Course was constructed under Eagle County jurisdiction in the 1960’s. In 1972, the subject portions of the Vail Golf Course (clubhouse and parking lot sites) were annexed into the Town of Vail through Ordinance No. 5, Series of 1972. While it is not clear from the Town’s archives, the golf course clubhouse site appears to have been subsequently zoned Agriculture District. In 1973, the Town of Vail approved a final plat for the Sunburst at Vail Subdivision which included the golf course parking lot property. On August 7, 1973, the Town of Vail adopted Ordinance No. 8, Series of 1973, which established comprehensive zoning regulations for the Town of Vail. In establishing comprehensive regulations, this ordinance created 12 new zone districts including the Agriculture and Open Space District. The golf course clubhouse was site subsequently rezoned to the Agriculture and Open Space District. This ordinance also established Special Development District No. 1 for the “Sunburst Development”, which included the golf course parking lot property. On August 16, 1977, the Town of Vail adopted Ordinance No. 17, Series of 1977, which rezoned the golf course parking lot property from Special Development District No. 1 to the Public Use District. On September 14, 1977, the Town of Vail approved the Sunburst Filing 2 plat which established the golf course parking lot property as Lot 3. On December 20, 1977, the 6/4/2013 Town of Vail Page 5 Town of Vail approved the final plat for Sunburst Filing 3, a re-subdivision of Sunburst Filing 2. In January of 1984, the Town of Vail purchased the Vail Golf Course property from the Pulis Ranch. On October 4, 1994, the Town of Vail adopted Ordinance No. 21, Series of 1994. In part, this ordinance repealed the Public Use District and reestablished it as the General Use District. This ordinance also established a new zone district named the Outdoor Recreation District. On November 7, 1995, the Vail Town Council adopted Ordinance No. 19, Series of 1995, which rezoned 67 properties to the Natural Area Preservation District, Outdoor Recreation District, or General Use District. Portions of the Vail Golf Course were rezoned from the Agriculture and Open Space District to the new Outdoor Recreation District. This ordinance also amended the Outdoor Recreation District to allow “golf course” as a permitted use. In 2000, the Vail Jr. Hockey Association, Vail Recreation District, and Town of Vail proposed constructing a seasonal ice rink at the Vail Golf Course driving range. To facilitate construction of the proposed seasonal ice rink, three development applications were submitted: minor subdivision, rezoning, and a conditional use permit. On September 25, 2000, the Planning and Environmental Commission approved a final plat to subdivide the golf course clubhouse and driving range sites into a new Vail Golf Course Clubhouse Subdivision and a conditional use permit for the construction of a seasonal ice rink. The Commission forwarded a recommendation of approval to the Vail Town Council for the proposed rezoning of the clubhouse and driving range from Outdoor Recreation District to General Use District. On April 17, 2001, the Vail Town Council adopted Ordinance No. 9, Series of 2001, to rezone the Vail Golf Course Clubhouse Subdivision from Outdoor Recreation District to the General Use District. Adjacent property owners opposed to the seasonal ice rink subsequently filed an appeal of the ice rink approvals. A court decision on the appeal nullified the rezoning of the golf course club house and driving range due to procedural errors. The merits of the rezoning were not reviewed by the court. The Vail Golf Course Clubhouse Subdivision final plat was not executed and recorded within the one-year timeframe prescribed by the Planning and Environmental Commission, so the Commission’s approval of the plat expired. Rather than pursuing the rezoning of the golf course clubhouse and driving range further, the Vail Jr. Hockey Associated, Vail Recreation District, and Town of Vail chose instead to propose amendments to the Outdoor Recreation District to allow the seasonal ice rink at the golf course driving range. 6/4/2013 Town of Vail Page 6 On October 14, 2002, the Planning and Environmental Commission approved a conditional use permit for the seasonal ice rink contingent upon the Vail Town Council’s approval of amendments of the Outdoor Recreation District. On November 5, 2002, the Vail Town Council adopted Ordinance No. 29, Series of 2002, which allowed a “seasonal use or structure” as a conditional use in the Outdoor Recreation District. 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?” 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 6/4/2013 Town of Vail Page 7 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. On October 22, 2012, the Planning and Environmental Commission held a public hearing to discuss the three submitted applications. The applicant introduced the golf course clubhouse project, public testimony was heard, the Commission asked questions of the applicant, and the public hearing was continued to this meeting. At its November 7, 2012, public hearing the Design Review Board held a conceptual review of the proposed clubhouse renovation. The applicant introduced the golf course clubhouse project, public testimony was heard, the Board asked questions of the applicant. The following is a summary of the conceptual comments from the Design Review Board: • The Board was generally complimentary of the building design direction and the proposed landscaping plan. • The clubhouse should have traditional, mountain architecture detailing; rather than contemporary, mountain architecture detailing. • There needs to be are consistent architectural theme among all the golf course buildings. • The proposed primary roof ridge should be “broken up” with a ridgeline step, dormer, architectural projection, or some other method. • The north elevation of the clubhouse building should be more decorative. • Exterior signage should be considered at this time and not at the end of the project design development. • The vehicle entrance should be visually enhanced to reduce confusion about which driveway should be used to enter the site. • Electric power should be incorporated into the landscape plan to facilitate the lighting of a “holiday tree” or trees. 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 6/4/2013 Town of Vail Page 8 accordance with the provisions of Chapter 12-16, Conditional Use Permits, Vail Town Code. Design Review Board: The Design Review Board has no review authority over a zone district boundary amendment, prescribed regulation amendment, or conditional use permit amendment 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. APPLICABLE REGULATIONS VAIL LAND USE PLAN CHAPTER II: LAND USE PLAN GOALS / POLICIES (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth / Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 6/4/2013 Town of Vail Page 9 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.12 Vail should accommodate most of the additional growth in existing developed areas (in fill areas). 2. Skier / Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.4 The community should improve summer recreational options to improve year- round tourism. 2.5 The community should non-skier recreational options to improve year-round tourism. 6. Community Services 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. CHAPTER VI: PROPOSED LAND USE (IN PART) P – Parks: Included in this category are town owned parcels intended for both active recreation activities such as athletic fields, golf courses and playgrounds, as well as areas for various passive recreation activities. TITLE 12: ZONING REGULATIONS Chapter 12-1: Title, Purpose, Applicability (in part) 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 6/4/2013 Town of Vail Page 10 B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Chapter 12-2: Definitions (in part) LOT OR SITE: A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this title and meeting the minimum requirements of this title. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. Article 12-8B: Outdoor Recreation District Section 12-8B-1: Purpose The outdoor recreation district is intended to preserve undeveloped or open space lands from intensive development while permitting outdoor recreational 6/4/2013 Town of Vail Page 11 activities that provide opportunities for active and passive recreation areas, facilities and uses. 12-8B-2: Permitted Uses The following uses shall be permitted in the OR district: Bicycle and pedestrian paths. Golf courses. Interpretive nature walks. Nature preserves. Passive outdoor recreation areas and open spaces. 12-8B-3: Conditional Uses The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: 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. Cemeteries. Communications antennas and appurtenant equipment. Equestrian trails, used only to access national forest system lands. Public parks and active public outdoor recreation areas and uses, excluding buildings. Public utility and public service uses. Seasonal use or structure. Ski lifts, tows and runs. Well water treatment facilities 12-8B-4: Accessory Uses The following accessory uses shall be permitted in the OR district: Accessory uses in the OR district are subject to conditional use permit review in accordance with the provisions of chapter 16 of this title. 6/4/2013 Town of Vail Page 12 12-8B-5: Lot Area And Site Dimensions: Not applicable in the OR district. 12-8B-6: Setbacks: In the OR district, the minimum setback shall be twenty feet (20') from all property lines, except as may be further restricted by the planning and environmental commission in conjunction with the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. 12-8B-7: Height: For a flat roof or mansard roof, the height of buildings shall not exceed twenty one feet (21'). For a sloping roof, the height of buildings shall not exceed twenty four feet (24'). 12-8B-8: Density: Not applicable in the OR district. 12-8B-9: Site Coverage: Site coverage shall not exceed five percent (5%) of the total site area. 12-8B-10: Landscaping And Site Development: Landscape requirements shall be determined by the design review board in accordance with chapter 11 of this title. 12-8B-11: Parking: Off street parking shall be provided in accordance with chapter 10 of this title. 12-8B-12: Additional Development Standards: Additional regulations pertaining to site development standards and the development of land in the outdoor recreation district are found in chapter 14 of this title. Article 12-9C: General Use District (in part) Section 12-9C-1: Purpose The general use district is intended to provide sites for public and quasi-public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi-public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other 6/4/2013 Town of Vail Page 13 structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. 12-9C-2: Permitted Uses The following uses shall be permitted in the GU district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee housing units, as further regulated by chapter 13 of this title. Passive outdoor recreation areas, and open space. 12-9C-3: Conditional Uses A. Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. Golf courses. Healthcare facilities. Helipad for emergency and/or community use. Major arcades. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools. Public and quasi-public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. 6/4/2013 Town of Vail Page 14 Public tourist/guest service related facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. Water and sewage treatment plants. B. Proximity To Parking Required: The following conditional uses shall be permitted in accordance with the issuance of a conditional use permit, provided such use is accessory to a parking structure: Offices. Restaurants. Ski and bike storage facilities. Sundries shops. Tourist/guest service related facilities. Transit/shuttle services. 12-9C-4: Accessory Uses The following accessory uses shall be permitted in the GU district: Minor arcades. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof, with the exception of buildings. 12-9C-5: Development Standards A. Prescribed By Planning And Environmental Commission: In the general use district, development standards in each of the following categories shall be as prescribed by the planning and environmental commission: 6/4/2013 Town of Vail Page 15 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. B. Reviewed By Planning And Environmental Commission: Development standards shall be proposed by the applicant as a part of a conditional use permit application. Site specific development standards shall then be determined by the planning and environmental commission during the review of the conditional use request in accordance with the provisions of chapter 16 of this title. 12-9C-6: Additional Development Standards Additional regulations pertaining to site development standards and the development of land in the general use district are found in chapter 14 of this title. CHAPTER 12-16: CONDITIONAL USES PERMITS (in part) Section 12-16-1: Purpose; Limitations: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. VI. COMPARISON OF OUTDOOR RECREATION AND GENERAL USE DISTICTS Development Standard Outdoor Recreation District General Use District Lot Area/Site Dimensions n/a per PEC Setbacks 20 ft. or more restrictive per PEC per PEC Height 21 ft. flat / 24 ft. sloping per PEC 6/4/2013 Town of Vail Page 16 Density n/a per PEC Site Coverage 5% of total site area per PEC Landscaping per Design Review Board per PEC Parking per 12-10, Vail Town Code per PEC VII. SITE ANALYSIS Vail Golf Course Parking Lot Address: 1775 Sunburst Drive Legal Description: Lot 3, Sunburst Filing 3 Zoning: General Use District Proposed Zoning: Outdoor Recreation District Land Use Designation: Park Mapped Geological Hazards: High Severity Rockfall Lot Area: 1.01 acres (+/- 43,995 sq. ft.) Vail Golf Course Clubhouse Address: 1775 Sunburst Drive Legal Description: Unplatted Zoning: Outdoor Recreation District Land Use Designation: Park Mapped Geological Hazards: High Severity Rockfall Lot Area: 90.75 acres (+/- 3,995,070 sq.ft.) Standard Allowed/Required Proposed Lot/Site Area: n/a 91.76 ac (3,997,065 sq.ft.) Setbacks: Front: 20 ft. or per PEC >20 ft. West Side: 20 ft. or per PEC >20 ft. East Side: 20 ft. or per PEC >20 ft. Rear: 20 ft. or per PEC >20 ft. Height: Current OR zoning 21ft. flat / 24 ft. sloped 33 ft. sloped Proposed OR zoning 30 ft. flat / 33 ft. sloped 33 ft. sloped Height, Architectural Projections: Current OR zoning 30 ft. (+25%) 40 ft. tower Proposed OR zoning 41.25 ft. (+25%) 40 ft. tower Density & GRFA: n/a n/a 6/4/2013 Town of Vail Page 17 Site Coverage: 199,853 sq.ft. (5%) 23,510 (0.6%) Landscaping: per Design Review Board n/a Parking: 122 124 VIII. SURROUNDING LAND USES AND ZONING Existing Use Zoning District North: I-70 n/a South: Residential Single Family District and SDD #24 West: Residential Low Density Multiple Family District East: Residential Two-Family Primary/Secondary District IX. REVIEW CRITERIA ZONE DISTRICT BOUNDARY AMENDMENT Before acting on a zone district boundary amendment application, the Planning and Environmental Commission shall consider the following factors with respect to this proposal: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. The proposed rezoning is intended to facilitate renovations to the Vail Golf Course clubhouse building in response to the 2011 election in which the Vail electorate re- allocated conference center funds specifically for the “expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including multi-use community space” which Staff finds consistent with the development objectives of the Town. The Vail Golf Course parking lot is designated as Park by the Vail Land Use Plan and zoned General Use District. The adjacent portions of the Vail Golf Course are also designated as Park by the Vail Land Use Plan, but zoned Outdoor Recreation District. Staff finds the proposed rezoning to be consistent the purpose of the Park land use designation: P – Parks: Included in this category are town owned parcels intended for both active recreation activities such as athletic fields, golf courses and playgrounds, as well as areas for various passive recreation activities. Staff finds the proposed rezoning to be consistent with the following goals of the Vail Land Use Plan: 6/4/2013 Town of Vail Page 18 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.12 Vail should accommodate most of the additional growth in existing developed areas (in fill areas). 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.4 The community should improve summer recreational options to improve year- round tourism. 2.5 The community should non-skier recreational options to improve year-round tourism. 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. Staff finds the proposed rezoning to be consistent with the following general and specific purposes of the Town’s adopted Zoning Regulations: 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 6/4/2013 Town of Vail Page 19 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Staff finds the proposed rezoning to be consistent with the purpose of the Outdoor Recreation District identified in Section 12-8B-1, Purpose, Vail Town Code: “Section 12-8B-1: Purpose The outdoor recreation district is intended to preserve undeveloped or open space lands from intensive development while permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses.” Therefore, Staff finds the proposed rezoning meets this review criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. A “golf course” is allowed as a permitted use in the Outdoor Recreation District and as a conditional use in the General Use District. The proposed rezoning continues to allow the existing golf course parking lot on the subject site. The existing golf course parking lot can be expanded or modified under both the existing and proposed zoning. 6/4/2013 Town of Vail Page 20 Staff finds that the proposed rezoning of the subject property will not alter the suitability of the existing golf course parking lot on the site or with surrounding use. Therefore, Staff finds the proposed rezoning meets this review criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. Staff believes the existing golf course parking lot currently has a harmonious, convenient, and workable relationship among land uses in the surrounding neighborhood. Staff does not believe the proposed rezoning of the subject property will alter this relationship. Therefore, Staff finds the proposed rezoning meets this review criterion. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. The majority of the Vail Golf Course is designated as Park by the Vail Land Use Plan and zoned Outdoor Recreation District. The applicant is proposing that the golf course parking lot be zoned the same district as the adjacent golf course areas. Therefore, Staff does not believe the applicant’s proposal constitutes a spot zoning and therefore finds the proposed rezoning meets this review criterion. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. The existing golf course parking lot may continue and may be expanded or modified under both the existing and proposed zoning. Staff finds that rezoning of this property from the General Use District to the Outdoor Recreation District will not alter the impacts on the natural environment in comparison to existing conditions. Therefore, Staff finds the proposed rezoning meets this review criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. As identified above, Staff finds that the proposed rezoning is consistent with the purpose of the Outdoor Recreation District as outlined in Section V of this memorandum. Therefore, Staff believes the proposed rezoning meets this review criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. 6/4/2013 Town of Vail Page 21 As further described in Section III, Background, of this memorandum, the subject golf course parking lot (Lot 3) was originally an element of the Sunburst development and separated from the golf course by a proposed street. Sunburst Drive was subsequently realigned and Lot 3, along with some residential lots located to the southeast, became adjacent to the golf course and separated from the majority of the Sunburst development. While part of the Sunburst development, Lot 3 was zoned as part of Special Development District #1 and then rezoned to the Public Use District. The Public Use District was subsequently amended and renamed the General Use District. Staff finds that it is necessary to zone the golf course parking lot the same district as the adjacent golf course areas (including the clubhouse) to achieve the efficient and effective implementation of the Town’s zoning regulations. Staff finds that the zoning of these two golf course areas as different zone districts to no longer be appropriate. 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. PRESCRIBED REGULATION AMENDMENT Before acting on a prescribed regulation amendment application, the Planning and Environmental Commission shall consider the following factors with respect to this proposal: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The proposed text amendment is intended to facilitate renovations to the Vail Golf Course clubhouse building. Staff finds the proposed prescribed regulation amendment to be consistent with the following general and specific purposes of the Town’s adopted Zoning Regulations: 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 6/4/2013 Town of Vail Page 22 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Staff finds the proposed prescribed regulation amendment to be consistent with the purpose of the Outdoor Recreation District identified in Section 12-8B-1, Purpose, Vail Town Code: “Section 12-8B-1: Purpose The outdoor recreation district is intended to preserve undeveloped or open space lands from intensive development while permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses.” Therefore, Staff finds the proposed rezoning meets this review criterion. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed text amendment is intended to facilitate renovations to the Vail Golf Course clubhouse building in response to the 2011 election in which the Vail electorate re-allocated conference center funds specifically for the “expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including multi-use community space” which Staff finds consistent with the development objectives of the Town. 6/4/2013 Town of Vail Page 23 The applicant is proposing an increase in the allowable building height within the Outdoor Recreation District for golf course clubhouses. The subject Vail Golf Course in the only golf course in town and the subject clubhouse is the golf course clubhouse in Vail. The existing clubhouse building is constructed to the current maximum building height of 24 feet. The existing building height and existing height limits of the Outdoor Recreation District limit the design options for renovating the existing building. The proposed height limits would provide additional flexibility in renovating the existing clubhouse building. Therefore, Staff finds the proposed amendment will better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. The Vail Golf Course is designated as Park by the Vail Land Use Plan. Staff finds the proposed prescribed regulation amendment to be consistent the purpose of the Park land use designation: P – Parks: Included in this category are town owned parcels intended for both active recreation activities such as athletic fields, golf courses and playgrounds, as well as areas for various passive recreation activities. Staff finds the proposed prescribed regulation amendment to be consistent with the following goals of the Vail Land Use Plan: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.12 Vail should accommodate most of the additional growth in existing developed areas (in fill areas). 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.4 The community should improve summer recreational options to improve year- round tourism. 2.5 The community should non-skier recreational options to improve year-round tourism. 6/4/2013 Town of Vail Page 24 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. Therefore, Staff believes that this proposal complies with this criterion. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The applicant is proposing an increase in the allowable building height within the Outdoor Recreation District for golf course clubhouses. The subject Vail Golf Course in the only golf course in town and the subject clubhouse is the golf course clubhouse in Vail. The existing clubhouse building is at the current maximum building height of 24 feet. The existing building height and existing height limits of the Outdoor Recreation District limit the design options for renovating the existing building. The proposed height limits would provide additional flexibility in renovating the existing clubhouse building. Therefore, Staff finds the proposed amendment is consistent with this criterion. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed allowable building height within the Outdoor Recreation District that is limited in scope to golf course clubhouses. At this time, the amendment would not affect any other Outdoor Recreation District zoned property, since the subject clubhouse is the only golf course clubhouse at the only golf course in Vail. The proposed building height limits are the same as those applied to the adjacent residential houses along Sunburst Drive which are zoned Two-Family Primary/Secondary District and Special Development District #24. Staff finds that the proposed increase in height will not alter the building bulk and scale of the existing clubhouse to a degree inconsistent with the existing character of the building or neighborhood. Therefore, Staff finds the proposed amendment is consistent with this criterion. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. CONDITIONAL USE PERMIT AMENDMENT Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 6/4/2013 Town of Vail Page 25 1. Relationship and impact of the use on the development objectives of the Town. The proposed amendment to an existing conditional use permit is intended to facilitate renovations to the Vail Golf Course clubhouse building in response to the 2011 election in which the Vail electorate re-allocated conference center funds specifically for the “expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including multi-use community space” which Staff finds consistent with the development objectives of the Town. Staff finds that the proposed conditional use permit amendments maintain the historic uses of the clubhouse and surrounding grounds for golf, Nordic, and banquet, wedding, community event activities and operations. Staff also finds that the proposed conditional use permit amendments will facilitate the updating and upgrading of the aged, existing clubhouse facility to be more in keeping with the Town of Vail’s stated vision and mission: “Our Vision - To be the Premier Mountain Resort Community! Our Mission - We will provide the citizens of Vail and our guests superior services, outstanding environmental stewardship and an abundance of recreational, cultural and educational opportunities.” The Vail Golf Course is designated as Park by the Vail Land Use Plan. Staff finds the proposed amendment to an existing conditional use permit to be consistent the purpose of the Park land use designation: P – Parks: Included in this category are town owned parcels intended for both active recreation activities such as athletic fields, golf courses and playgrounds, as well as areas for various passive recreation activities. Staff finds the proposed amendment to an existing conditional use permit to be consistent with the following goals of the Vail Land Use Plan: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.12 Vail should accommodate most of the additional growth in existing developed areas (in fill areas). 6/4/2013 Town of Vail Page 26 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.4 The community should improve summer recreational options to improve year- round tourism. 2.5 The community should non-skier recreational options to improve year-round tourism. 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. Staff finds the proposed amendment to an existing conditional use permit to be consistent with the following general and specific purposes of the Town’s adopted Zoning Regulations: 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 6/4/2013 Town of Vail Page 27 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Staff finds the proposed amendment to an existing conditional use permit to be consistent with the purpose of the Outdoor Recreation District: “Section 12-8B-1: Purpose The outdoor recreation district is intended to preserve undeveloped or open space lands from intensive development while permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses.” Staff also finds the proposed amendments to a conditional use permit to be consistent with the purposes of Chapter 12-16, Conditional Use Permit, Vail Town Code. Section 12-16-1: Purpose; Limitations: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. Therefore, Staff finds the proposed amendments to an existing conditional use permit meet this review criterion. 6/4/2013 Town of Vail Page 28 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. The proposed amendments to the conditional use permit will allow for the construction of updates and improvements to the subject public recreation facilities. As further identified in the applicant’s request, the proposed renovation of the Vail Golf Course clubhouse includes: • “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 to be shared throughout the building, however there will be separate entrances for the Banquet Room and the recreation uses. • A grill/bar sized for +/-40 people plus outdoor/deck space, • A kitchen sized to serve the grill and a separate “warming kitchen” space for the Banquet Room, • Arrival to Golf/ pro shop and Nordic space at the parking lot level, • Project design that provides for both winter and summer use to a finished quality expected for Vail guests, • The separation of uses and enhancement of circulation throughout site and within the building, • Location of golf course finish area on the east side of the building in order to encourage golfers to exit through the grill/pro shop, • Clarification of circulation and entry on the front side of the building, • Maintain approximate existing building square footages while increasing the efficiency and functionality of the building, • Two-story tall (4 level) building, and • Reuse of as much of the existing building structure, which is critical to maintain the original project budget.” As part of this conditional use permit amendment proposal, the applicant is proposing a management and operations plans (Attachment F). Staff finds that the proposed management and operations plans minimizes any negative impacts of this proposal on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff also finds that the proposed management and operations plan minimizes impacts of this proposal on neighboring property owners. The proposed management and operations plan addresses the following elements: • Golfer grill and patio • Banquet room, banquet patio, and banquet lawn • Tents • Golf cart access and flow • Parking and parking management • Lighting 6/4/2013 Town of Vail Page 29 • Noise and amplified sound • Hours of operation • Use of the old 18th green • Neighbor notification and liaison • Approval process and amendments to the plan Staff finds the proposed amendments to the conditional use permit, along with the restrictions imposed by the management and operations plan are consistent with this review criterion. 3. 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 street and parking areas. The proposed amendment to a conditional use permit includes modifications to the golf course traffic patterns and upgrades to the configuration and design of the parking lot. These modifications will better accommodate and delineate vehicular arrival and access, patron drop-off, bus maneuvering, trash pickup, delivery access, and emergency vehicle staging than the existing conditions. The existing bus stop along Sunburst Drive will be maintained. Additionally, the existing driveway curb-cuts will also be maintained, rather than being relocated to the south, not create additional conflicts between vehicular traffic and pedestrian/bicycle traffic along Sunburst Drive. The proposed management and operations plan addresses both parking lot snow storage/removal and parking management to improve the functionality of the golf course parking lot compared to existing conditions. The proposed management and operations plan includes the following parking management elements: • Scheduling • Employee parking • Parking lot attendant • Valet parking • Shuttles The traffic study of the proposed amendments to the conditional use permit (Attachment H) concludes that: “Based on road capacity standards. Sunburst Drive in its existing condition is capable of accommodating the potential traffic increase from the proposed remodeling of the Vail Golf Course Club House.” Therefore, Staff finds the proposed amendments to the conditional use permit, along with the restrictions imposed by the management and operations plan are consistent with this review criterion. 6/4/2013 Town of Vail Page 30 4. 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. The proposed amendments to the conditional use permit will facilitate the remodel of the existing aged and worn Vail Golf Course clubhouse building and grounds. As a remodel utilizing an existing building foundation, the location of the clubhouse building and its general bulk and mass are similar to existing conditions. Staff finds the proposed amendment to a conditional use permit is consistent with the scale and bulk, architectural style, and aesthetic character of the surrounding uses. As identified elsewhere in this memorandum and in the applicant’s proposal, this proposal includes numerous upgrades to the existing clubhouse: • “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 to be shared throughout the building, however there will be separate entrances for the Banquet Room and the recreation uses. • A grill/bar sized for +/-40 people plus outdoor/deck space, • A kitchen sized to serve the grill and a separate “warming kitchen” space for the Banquet Room, • Arrival to Golf/ pro shop and Nordic space at the parking lot level, • Project design that provides for both winter and summer use to a finished quality expected for Vail guests, • The separation of uses and enhancement of circulation throughout site and within the building, • Location of golf course finish area on the east side of the building in order to encourage golfers to exit through the grill/pro shop, • Clarification of circulation and entry on the front side of the building, • Maintain approximate existing building square footages while increasing the efficiency and functionality of the building, • Two-story tall (4 level) building, and • Reuse of as much of the existing building structure, which is critical to maintain the original project budget.” Staff finds that these updates and upgrades to the existing facilities will have a positive impact on the character of surrounding area consistent with this criterion. The applicant is proposed a management and operations plan addresses the following elements: • Golfer grill and patio • Banquet room, banquet patio, and banquet lawn • Tents 6/4/2013 Town of Vail Page 31 • Golf cart access and flow • Parking and parking management • Lighting • Noise and amplified sound • Hours of operation • Use of the old 18th green • Neighbor notification and liaison • Approval process and amendments to the plan Staff finds that the various elements of the proposed management and operations plan will further minimize any negative effects upon the neighboring property owners and the character of surrounding area consistent with this criterion. X. STAFF RECOMMENDATION ZONE DISTRICT BOUNDARY AMENDMENT The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval 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. This recommendation is based upon the review of the criteria outlined in Section IX of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission makes the following motion: “The Planning and Environmental Commission forwards a recommendation of approval 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.” Should the Planning and Environmental Commission choose to recommend approval of this request; the Community Development Department recommends the Commission makes the following findings: “Based upon the review of the criteria outlined in Sections IX of the Staff memorandum to the Planning and Environmental Commission dated November 12, 2012, and the evidence and testimony presented, the Planning and Environmental Commission finds: 6/4/2013 Town of Vail Page 32 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” PRESCRIBED REGULATIONS AMENDMENT The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval 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. This recommendation is based upon the review of the criteria outlined in Section IX of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission pass the following motion: “The Planning and Environmental Commission forwards a recommendation of approval 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.” Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission makes the following findings: “Based upon the review of the criteria outlined in Sections IX of the Staff memorandum to the Planning and Environmental Commission dated November 12, 2012, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1.That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; 6/4/2013 Town of Vail Page 33 2.That the amendment furthers the general and specific purposes of the zoning regulations; and, 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” CONDITIONAL USE PERMIT AMENDMENT The Community Development Department recommends the Planning an Environmental Commission approves, with conditions, these 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. This recommendation is based upon the review of the criteria outlined in Section IX of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this conditional use permit amendment request, the Community Development Department recommends the Commission passes the following motion: “The Planning and Environmental Commission approves this request for 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.” Should the Planning and Environmental Commission choose to approve this conditional use permit amendment request, the Community Development Department recommends the Commission imposes the following conditions: “1. This conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. 6/4/2013 Town of Vail Page 34 2. This conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval of the associated prescribed regulations amendment to increase the allowable building height within the Outdoor Recreation District.” Should the Planning and Environmental Commission choose to approve this conditional use permit amendment request, the Community Development Department recommends the Commission makes the following findings: “Based upon the review of the criteria outlined in Sections IX of the Staff memorandum to the Planning and Environmental Commission dated November 12, 2012, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed conditional use permit is in accordance with the purposes of the Zoning Regulations and the Outdoor Recreation District; 2. The proposed conditional use permit and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and, 3. The proposed conditional use permit complies with each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code.” VII. ATTACHMENTS A. Vicinity Map B. Applicant’s Request C. Applicant’s Response the PEC Questions D. Rezoning Map E. Outdoor Recreation District Map F. Management and Operations Plan G. Proposed Plans H. Traffic Report I. Preliminary Drainage Report J. Photographs K. Public Comment 6/4/2013 Page 1 PLANNING AND ENVIRONMENTAL COMMISSION November 12, 2012 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 **Order and times of agenda items are subject to change** SITE VISITS None 20 minutes 1. A request for review of a conditional use permit for “public buildings, grounds and facilities,” pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a temporary fire station, located at 100 East Meadow Drive, Unit 2 (Village Inn Plaza Phase V)/ Lot M, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC120040) Applicant: Town of Vail, represented by Mike McGee Planner: Warren Campbell ACTION: Approved with conditions(s) MOTION: Kurz SECOND: Cartin VOTE: 6-0-1 (Pierce recused) CONDITION(S): 1. The applicant, Town of Vail, and its tenants shall not use East Meadow Drive for any loading, delivery, or parking associated with the uses in this commercial condominium unit of Vail Village Inn Phase V. All loading and delivery shall occur through the Sebastian hotel joint loading and delivery facility and parking shall occur in designated areas. 2. This approval shall expire and all equipment and personnel shall be removed from the commercial unit, seven days after the approval of a building final at the renovated Fire Station No.2. Bill Pierce recused himself due to a conflict of interest as he is the project architect for the ongoing remodel of Fire Station No. 2. Warren Campbell gave a presentation per the staff memorandum. Commissioner Pratt noted concerns about staging the fire truck across the street at the fire station construction site. Warren Campbell and Greg Hall explained the accommodations have been made for the truck in that location. Jim Lamont, Vail Homeowners Association, asked for clarification about the notice and whether the proposed use was only offices or also for dwelling units. Warren Campbell responded that firemen would be using the space as for sleeping quarters, food preparation, and offices for the on duty crew. 30 minutes 6/4/2013 Page 2 2. A request for a review of an exterior alteration or modification, pursuant to Section 12-7J-12, Vail Town Code, to allow for a limited service lodge, located at 1783 North Frontage Road West (The Roost Lodge)/ Lots 10, 11, 12, Buffehr Creek Subdivision, and setting forth details in regard thereto (PEC120041). Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group Planner: Bill Gibson ACTION: Approved with condition(s) MOTION: Kurz SECOND: Cartin VOTE: 6-1-0 (Rediker opposed) CONDITION(S): 1. This exterior alteration or modification approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. 2. This exterior alteration or modification approval is contingent upon the applicant mitigating the impacts on employee housing generated by this redevelopment in accordance with the provisions of Chapter 12-23, Commercial Linkage, Vail Town Code, as may be amended. 3. Prior to the submittal of building permit applications, the applicant must obtain Town of Vail Public Works Department approval of final civil drawings, in compliance with all standards of the Vail Town Code. 4. Prior to the issuance of a building permit, the applicant shall revise the Traffic Study to address the 54 surplus parking spaces. 5. As presented, the Traffic Study indicates the net new peak hour trips as 54. This is based on 112 proposed peak hour trips, less the 52 existing trips, less a 10% reduction for multi-modal. Therefore, prior to the issuance of a building permit the applicant shall pay a traffic mitigation fee for system wide transportation improvements of $351,000 (54 x $6500). This amount shall be revised based on the updates to the Traffic Study noted above. Portions of this fee may be offset by offsite traffic/transportation improvements. that are not required by the development; specifically, the sidewalk from the west property line to Buffehr Creek Road. 6. The developer recognizes that based on the Traffic Study, the SBL 2035 turning movement has a Level of Service of F if the Simba Run Underpass is constructed. The developer agrees that if this movement becomes a safety issue in the future this development will be required to provide improvements to resolve or restrict this movement. 7. Prior to the issuance of a building permit, the applicant shall resolve all construction staging issues shall be resolved prior to construction including staging, phasing, access, schedules, traffic control, emergency access, parking, loading and delivery, etc. 8. Prior to the issuance of a building permit, the applicant must obtain Town of Vail Public Works Department approval and Colorado Department of Transportation (CDOT) approval of Right-of-Way and Utility for all construction within the street/highway right-of-way. 9. Prior to the issuance of a building permit, the applicant must obtain general Colorado Department of Transportation (CDOT) approval of all improvements within the street/highway right-of-way including road improvements and landscaping, and obtain CDOT approval of an Access Permit. 6/4/2013 Page 3 10. Prior to the issuance of a building permit or grading/excavation permit, the applicant must obtain Town of Vail Public Works Department approval of a shoring and excavation plan which shall include; excavation phasing, engineered shoring plans, profile and cross sections. Cross Sections and plans shall include all existing conflicts (i.e. utilities). The applicant must obtain Colorado Department of Transportation (CDOT) approval for any shoring within the street/highway right-of- way. The applicant must also obtain Public Works Department approval and a License Agreement approval for any shoring within the street/highway right-of-way. 11. Prior to the issuance of a building permit, the applicant must obtain Town of Vail Public Works Department approval of an engineered stamped final drainage report, pavement design report, and geotechnical report. 12. Prior to the issuance of a building permit, the applicant shall revise the proposed plans to include all Frontage Road improvements including any necessary lighting, irrigation, and signage. 13. Prior to the issuance of a building permit, the applicant shall provide the Town of Vail an easement, in a form acceptable to the Town Attorney, in the northwest corner of the property for existing encroachments of the roadway asphalt and shoulder area, drainage and a 5 foot buffer to accommodate snow storage and a guardrail. 14. Prior to the issuance of a certificate of occupancy, the applicant shall provide the Town of Vail a public access easement, in a form acceptable to the Town Attorney, for the pedestrian connection between the bus stop and Meadow Ridge Road. The applicant may dedication this public access easement in conjunction with the proposed drainage easement in that area; however, the 10 foot proposed drainage easement must be widened to accommodate the walkway plus a 2 foot buffer and also be named as a general utility, drainage, pedestrian access easement. 15. Prior to issuance of a certificate of occupancy, the applicant must obtain Town of Vail Public Works Department approval of a snowmelt heat and streetscape maintenance agreement for those portions of heated walk located within the pedestrian easement along the western property line. 16. Prior to issuance of a certificate of occupancy, the applicant shall construct the concrete pedestrian walk from the proposed bus stop to Buffehr Creek Road; the walk shall be a minimum of 10 feet wide. 17. Prior to the issuance of a certificate of occupancy, the applicant shall coordinate all Art in Public Places (AIPP) contributions with the Town of Vail Public Works Department AIPP Coordinator. 18. Prior to the issuance of a certificate of occupancy, the applicant shall construct a 2.0 inch asphalt overlay for the extent of all constructed Frontage Road improvements. Bill Gibson gave a presentation per the staff memorandum. Dominic Mauriello, representing the applicant, gave a presentation on the request. He highlighted that there was no change to the approved bulk and mass, but a conversion of the 28 dwelling units in the project to lodge units. He spoke to the removal of a small architectural element on the west elevation of the building. He added that the project is compliant with the 6/4/2013 Page 4 current Town Code with regard to employee housing mitigation. He added that a process was underway in which the Town staff was evaluating the employee housing generation rates for limited service hotels of this caliber. He concluded by highlighting the projects benefits and a change request to the Public Works Department’s recommended traffic mitigation condition. Gregory Bemis, resident of the neighborhood, asked about the number of stories in the structure. Dominic Mauriello, responded that the number of floors was the same as approved in 2006. There was no change to approved plans with regard to building height. Gregory Bemis asked about fire egress on the rear of the building, the retaining wall along the rear, and requested that exterior lighting be subdued on the rear side of the structure. He added that the neighborhood understands the need for the project, but expressed concern over the shadow that might be cast on the street behind. Jim Lamont, Vail Homeowners Association, asked what the average size of the hotel rooms would be. Dominic Mauriello brought up a slide depicting the breakdown of the room types of units. Jim Lamont asked how fire department access was being provided for the project. Dominic Mauriello explained that fire department access will be from the frontage road and the street behind. Jim Lamont inquired about the landscaping along the north property line. Dominic Mauriello explained the retaining walls and landscaping. Jim Lamont inquired as to the ability to reduce the width of pavement in front the structure to achieve greater landscaping. Dominic Mauriello explained the area necessary to accommodate a delivery truck turning radius. Commissioner Pierce asked Tom Kassmel to speak to the applicant’s request for the traffic impact fee to be off-set by their construction of street improvements. Tom Kassmel, Town Engineer, spoke to the change in policy in 2009 with regard to allowing for traffic impact fees to be off-set. Tom pointed out that this is the first large scale project, other than Solaris, which would need to comply with this revised policy. Commissioner Kurz inquired as to the cost of installing the Simba Run underpass and the traffic impacts generated. Tom Kassmel answered Commissioner Kurz’s question. Commissioner Pratt asked about recommended condition number 18 which would require an overlay of the street and turn lanes. Tom Kassmel explained the recommended overlay requirement. 6/4/2013 Page 5 Dominic Mauriello made an argument that the existing approval would be allowed to off-set its traffic impact fees by constructing improvements and this new policy is a disincentive for the applicant to convert the approved condominiums to hotel rooms. Commissioner Kurz stated that it appeared capricious to no longer allow this project, which has an existing approval, to offset the fees with improvements. Commissioner Rediker inquired as to the accuracy of the submitted sun/shade analysis. Dominic Mauriello stated that the analysis was based on final version of the previously approved building design. Commissioner Rediker stated that it might be unfortunate for this applicant, but the new traffic impact fee policy should be assessed. He added that with the design of the roof structure creates a building with a five stories appearance. Commissioner Bird how the hotel would transport guests to the ski mountain. Dominic Mauriello explained how guest could access the nearby bus routes. Commissioner Bird recommended the applicant consider providing shuttle services for their guests. She asked if guest could rent rooms for more than 30 days. Dominic Mauriello clarified that this isn’t an extended stay hotel, but nothing would prohibit a guest willing to pay the daily rate to stay for long periods. Commissioner Pratt inquired as to any precedent of a property having two approved development plans. Bill Gibson noted that staff was not aware of any similar circumstances. Commissioner Pratt stated that as the crux of the issue was the conversion of dwelling units to accommodation units with no changes to the building bulk and mass which he believes is a benefit to the community. He would be in support of allowing the traffic impact fees to be off-set. He does not support on-site employee housing units because they are not compatible with hotel uses in the same building. Commissioner Cartin asked how the sidewalk along the front of the project will tie in with the existing sidewalk along the frontage road. Tom Kasmel explained that this is the “last piece” in bike path system in this neighborhood.. Commissioner Hopkins asked about the service of guest with a bus stop heading west and adding time to get to the mountain. She also recommended the applicant consider providing guests with a shuttle service. Commissioner Kurz inquired about the traffic impact fee associated with the previous approval. Tom Kassmel clarified how the previous fees could be off-set. Commissioner Kurz noted his support for allowing the traffic impact fees to be off-set for this proposal and made a motion for approval with conditions. 6/4/2013 Page 6 Dominic Mauriello clarified that the motion would allow the traffic impact fees to be off-set by the construction of transportation improvements. 60 minutes 3. 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 ACTION: Continued to November 26, 2012 MOTION: Kurz SECOND: Cartin VOTE: 5-0-2 (Pierce and Hopkins recused) Commissioner Pierce recused himself due to a conflict of interest as he is the project architect on the temporary golf course buildings and a member of the Fallridge home owners association. He departed the meeting. Commissioner Hopkins recused herself due to conflicts of interest as her architecture firm has submitted an alternative design for the golf course clubhouse project. She also departed the meeting. Bill Gibson gave a presentation per the staff memorandum. He covered the three applications and how together they would permit the reconstruction of the Vail Golf Course. Commissioner Cartin asked that packets of this size be provide as much in advance as possible. Commissioner Kurz inquired about the community liaison concept in the proposed operation plan. Tom Braun, the applicant’s representative, answered that the operation plan would provide for a single point of contact for the neighborhood if they have questions or concerns. Tom Braun gave a presentation highlighting questions asked previously by the Commissioners about the design and program. He covered the clubhouse banquet/event room occupancy, traffic trip analysis, Design Review conceptual review comments, the proposed rezoning, the building height text amendments, and the amended conditional use permit application. Commissioner Pratt asked if architectural projections would be allowed above the proposed height limit. Bill Gibson described how an architectural projection is allowed to be taller than the height limit in all zone districts in Vail. Tom Braun then presented each element of the proposed operations plan. Commissioner Kurz stated that the neighborhood should have a similar liaison that interacts with the VRD and the Town, and there needs to be accountability on both sides. 6/4/2013 Page 7 Commissioner Bird asked if there was air conditioning planned for the banquet room? She asked if the bar/grill would also be available for rent by groups. Greg Hall explained that the bar/grill during the summer would be made solely available to golfers, but it was a possibility that it could be used by other groups in the winter. Tom Braun described the proposed parking management plan. He covered statistic collected at the Donovan Pavilion that may predict the types of events expected and the typical event start times. He noted that the VRD operates the entire facility, so they would also manage the parking. Commissioner Bird inquired as to the enforceability of requiring a shuttle service for certain events at certain times of day and asked what course of action would be used to prevent parking on Sunburst Drive. Tom Braun described how shuttles, parking, and other issues would be part of the contract and deposit for reserving the banquet room. Commissioner Kurz stated that parking on Sunburst Drive is a Code Enforcement (Police) issue and will would to be addressed in that manner. Commissioner Cartin inquired as to how the switch from general parking to valet parking would occur and how will it be insured that non-valet cars aren’t blocked in. Tom Braun explained the anticipated management process. Commissioner Cartin asked about deliveries. Pedros Campos explained how and where the loading and delivery will occur. Dale Bugby, an avid golfer who spends a lot of time on the course, stated that the parking lot is typically full. If this were any other applicant there would be a new parking structure with a park on top. The proposed parking plan is flawed since it doesn’t address banquet staff parking. There is not enough parking for golfing and an event since some rounds of golf go until 8:00 PM. He covered a letter that he wrote and submitted through Art Abplanalp. An event center is not compatible with the neighborhood. The property was purchased with open space tax money and the PEC’s approval of this application will jeopardize the future collection of that tax. This proposal conflicts with the Pulis covenants. The golf community is opposed to this plan. He suggested a survey of season golf pass holders to ascertain the feelings on this application. The Town Council and the VRD Board have made a back-door-deal that neither group will go back on now. The Town will pay to fix the clubhouse, but only if they get an event center. Neighbors will be impacts by noise since weddings don’t occur without someone opening the door to go outside for a smoke. The applicant states that there is minimal change, but the destruction of the 18th green and the baffle nets have negative impacts. The existing clubhouse is a dump, but the proposed building is out of scale with the neighborhood. The conditional use permit allows new uses, not the expansion of existing uses. The event size description and parking proposal does not take into account the total capacity of people in the banquet room, at the grill, on the patio, and on the lawn area. The applicant is not proposing to prohibit tents. The proposed grill and too small and won’t be a profitable business. The Commission needs to vote no on the project. Art Abplanalp, attorney representing several property owners, asked if the members had received his letter. His response was challenged because the Town was late publishing the packet. He provide a packet of papers which he believed reflected what the Commissioner had 6/4/2013 Page 8 already received, but he wanted to ensure were a part of the record. He noted their support for the proposed rezoning of the parking lot. He spoke to the height amendment and that architectural projections should not be allowed over 33 feet. He spoke to the definition of what is included as an accessory use to a golf course. A public golf course does not typically have this type of a facility and it’s not within the Commissioner purview to approve this application. He stated that a wedding chapel is not necessary for a golf course. Other golf courses have event facilities separated from the clubhouse. Facilities for events are not typically found at public golf courses. The proposed building design looks like the wedding chapel at the Air Force Academy and doesn’t look like a golf course clubhouse. This is a wedding chapel and restaurant with a clubhouse attached. He stated that the only goal of this project is build a cash-cow for revenues that will come at the neighbors’ expense. He compared the sizes of the existing and proposed banquet rooms, patio, etc. He stated that the proposed chapel and restaurant are not necessary for a golf course. He noted that the neighbors and golfers are opposed to the project. He objected to the public notice not acknowledging the conversion of the 18th green. The notice only refers to the clubhouse and does not speak to the changes on the golf course and the banquet facility. He asked about bleachers and other items listed in the public notice. Bill Gibson clarified that term bleachers and the other listed items in the notice is the verbatim land use language from the Vail Town Code and are not the description of the applicant’s request. Art Abplanalp continued that he does not believe the Commission has been made aware of what the applicant is actually asking for. The proposed conditional use permit is a blank-check. Nothing being presented by the applicant is for sure, there is no certainty. The proposed management and operation plan is worthless since the term “may” is used and it doesn’t address the concerns of the neighbors. If the Commission is going to provide the type of hearing that the constituents expect, the Commission needs to consider everything before them. He believes staff will need to be on-site 24-7 to ensure compliance. People are furious about this proposal but worn down by the review process, so that is why there are so few people in the audience. Art stated that Warren Pulis himself is opposed to this project. He further noted that during past Town Council hearings former Mayor Dick Cleveland and current Mayor Andy Daley said the clubhouse remodel would occur within the footprint of the existing building. He noted than the neighbors had submitted an alternative design to the Town Council, but have not yet received a response. He requested that the Commission put an end to the VRD and Town Council’s arrogance. Gretchen Bussey a resident of the neighborhood, spoke to her concerns about parking. She raised concerns about tents,, the process for approving the tents, will the tents have music, and other questions. She asked who is the proposed neighborhood liaison and who will monitor the parking lot. She is concerned that the proposed events center is a large size. Lue Maslak, resident of Sunburst Drive representing herself and her husband, spoke about the time she and her husband put into finding the perfect property to build their house and retire. She is opposed to the proposed co-opting of the clubhouse and noted that the building is 1/3 for golf and 2/3 for events. She noted that the bride’s room appears to be larger than the men’s locker room. This is a residential neighborhood with bicycles and children and the proposal is not compatible. She urged the Commission to denying the project. Jim Lamont, Vail Homeowners Association, thanked those Commissioners who recognized that they had a conflict of interest and stepped down. He added that in projects such as this with 6/4/2013 Page 9 many cross-currents that other conflicts should be made know. The Town should consider adopting a code of ethics rather than simply relying on the conflict of interest rules. He was confused if the neighbor’s alternative plan (referenced by Art Abplanalp) that was prepared by Snowdon/Hopkins Architects had been submitted to the Commission. He asked the attorney representing the neighbors if it has been submitted as a part of the record. Art Abplanalp stated that it had been submitted prior to the last Commission hearing. Jim Lamont asked if the VRD was a lessee of the Town and if any term of that agreement can be overturned by the Town Council. There is confusion over the rolls and that the Town and VRD are one and the same. They are separate entities and the Town can at its discretion modify the agreement. Therefore, what is approved by this Council can be changed by a future Council. Te is amused at the operation plan and finds it inadequate when compared to the Golden Peak operation/management plan. In the Golden Peak Management plan there is a requirement for all parties (including the neighbors) to be consulted on amendments and changes. The proposed management plan submitted is dictatorial and not collaborative. He stated that the current problems at the clubhouse will not go away with the approval of this project and the management plan doesn’t solve any problems. He clarified that the Vail Homeowners are not a neighborhood association and there only obligation is to communicate. He suggested that the proposed building height text should have a separate clubhouse section in the code. He believes there needs to be a paragraph for all parcels and then specifics for the clubhouse. He noted concern that property owner adjacent to other Outdoor Recreation District properties have not been specifically notified about proposed height change and would not support a height increase for all buildings. The lack of landscaping along the south end of the parking lot is symptomatic of this whole process. The Commission, even in their limited role, needs to send the message that the applicant is not being a good neighbor. Commissioner Kurz inquired of Matt Mire, Town Attorney, if approval of this project would jeopardizing the collection of real estate transfer tax (as asserted by Dale Bugby). Matt Mire answered no. Commissioner Rediker inquired about the property covenant and any current or potential violations. Mire Mire said he has issued a legal opinion that he can share with the Commission in executive session, but due to the ongoing litigation he will not disclose that opinion in the hearing. He clarified that private covenants are outside the scope of the Commission scope of review. Commissioner Rediker stated that as he reads the Outdoor Recreation District and he does not read anything about a banquet facility, etc. He asked for clarification. Bill Gibson read from the district stating that the golf course is a permitted use and the clubhouse and related uses are accessory and subject to the review of a conditional use permit. Commissioner Rediker inquired further about what is considered accessory. He does see how someone could object to a pro shop, locker rooms, etc.; but was unclear whether or not a banquet facility would be objectionable or not permitted. Tom Braun, stated that the Town Code is not clear on the specific uses within the club house, but many golf courses include a banquet facility. 6/4/2013 Page 10 Bill Gibson gave an example of City Market which is a grocery store. However, within that grocery store there may be various types of the activities such as a pharmacy, photo development, movie rentals, a deli, etc. Commissioner Rediker noted that some concerns from the neighbors are being overblown and some of their rhetoric is weird. He stated that this proposal is not a wedding chapel. Art Abplanalp state that the covenant language and the Code include very similar language. Dale Bugby added that everyone should read the Pulis deed as it states “only what is required”. Bill Gibson clarified that the covenants are beyond the scope of the Commission’s review. Commissioner Kurz stated his concerns about formalizing a liaison and his concerns about the proposed building height language. Addressing Jim Lamont’s comments, Commissioner Kurz disclosed that he serves on the Vail Economic Advisory Committee (VEAC) and he is married to the Town of Vail Economic Development Manager; but this has no influence over him in reviewing this project. Commissioner Bird suggested that the bride room be relabeled on the plans to be a meeting room. She agrees that height needs to be more clearly defined and she is not sold on the parking plan. Commissioner Cartin asked the applicant to clearly identify the proposed conditional use permit area. Commissioner Pratt asked how tents are allowed. Bill Gibson explained that there are two processes. There is a conditional use permit review process for seasonal uses and structures, and there is a special event process through the Committee on Special Events. Commissioner Cartin agreed Jim Lamont’s recommendation to separate the code language regarding building height for clubhouses. He clarified that the Commission is a judicial review body, and does not make a decisions about the configuration of the holes at the golf course. Bill Gibson clarified that the height architectural projections is not unlimited. The Town Code limits there height to be 25% more than the height listed in every zone district. He gave an example of an existing architectural projection in the neighborhood and described how the observatory tower at the Maslak was approved to exceed the height limit of the Two-Family Primary/Secondary District. Commissioner Kurz suggested that the Commission take action on the proposed rezoning and text amendment. Commissioner Pratt noted his concern that the parking study shows enough parking, but anecdotal evidence from the neighbors suggests otherwise. The retaining wall on the south end of the lot should be looked at and reworked to achieve an improved buffer. He recommended that the lawn area included in the conditional use permit area or that tents should not be erected. The management plan seems to be reactive verses proactive. He wonders how all the elements of the management plan are addressed real time during an event. He pointed out that the drainage report speaks to surface drainage to an open ditch. He recommended that the 6/4/2013 Page 11 applicant install a sand and oil separator. He would like to see some sort of trigger for the management plan to return to the Commission for review should a certain number of complaints be received or maybe after one year of operation. Motions were made on the rezoning and text amendments. Tom Braun asked for clarification on the issues of concern. The Commission summarized their concerns about parking and the day of management of events. Commissioner Kurz noted that he does not remember seeing an alternative plan proposal. Commissioner Pratt stated that any alternative plan needs to be presented to the applicant and not to the Commission. Tom Braun noted that they would look into Commissioner Pratt suggestion of a trigger to re- review any approvals. Art Abplanalp noted that the exhibit in the document he submitted earlier in the hearing includes the neighbor’s alterative plan and stated that the Commission should not approve what the applicant is proposing. Commissioner Pratt again stated that the decision of what to propose is up to the applicant, not the Commission. 20 minutes 4. 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 ACTION: Recommendation of approval MOTION: Kurz SECOND: Rediker VOTE: 5-0-2 (Pierce and Hopkins recused) 20 minutes 5. 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 ACTION: Recommendation of approval MOTION: Kurz SECOND: Cartin VOTE: 5-0-2 (Pierce and Hopkins recused) 6. A request for the review of conditional use permits, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, for a healthcare facility and a public building and grounds, to allow for the redevelopment of the Town of Vail municipal site with a medical research, rehabilitation, and office building and a municipal office building located at 75 and 111 South Frontage Road West/ Unplatted, and setting forth details in regard thereto. (PEC120012) 6/4/2013 Page 12 Applicant: Vail MOB, LLC, represented by Triumph Development and Town of Vail, represented by Consilium Partners, Vail Planner: Warren Campbell ACTION: Withdrawn 7. A request for the review of a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting forth details in regard thereto. (PEC120027) Applicant: Anne Upton, represented by Pierce Architects Planner: Bill Gibson ACTION: Table to December 10, 2012 MOTION: Kurz SECOND: Cartin VOTE: 7-0-0 8. Approval of October 22, 2012 minutes MOTION: Kurz SECOND: Cartin VOTE: 7-0-0 9. Information Update 10. Adjournment MOTION: Kurz SECOND: Bird VOTE: 5-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published November 9, 2012, in the Vail Daily. 6/4/2013 TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 14, 2013 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 Clubhouse (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 I. SUMMARY The applicant, Town of Vail, is requesting the Planning and Environmental Commission’s review of an amendment to an existing conditional use permit to facilitate the renovation of the Vail Golf Course clubhouse. This is a continuation of the Planning and Environmental Commission public hearing of this item from its October 22, 2012 and November 12, 2012 meetings. This conditional use permit application is associated with two other development applications previously reviewed by the Planning and Environmental Commission: 1. Zone district boundary amendment to rezone the golf course parking lot from the General Use (GU) District to the Outdoor Recreation (OR) District. 2. Prescribed regulation amendment to allow building heights for golf course clubhouses of up to 33 feet for sloping roofs of within the Outdoor Recreation (OR) District. Based upon Staff’s review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department 6/4/2013 Town of Vail Page 2 recommends the Planning and Environmental Commission approves, with conditions, the amendments to a conditional use permit application to allow for renovations to the golf course clubhouse, subject to the findings noted in Section IX of this memorandum. Since the proposed amendments to the use of the golf course clubhouse are associated with the construction of physical improvements to the existing facility which specifically involve increasing the height of the building to 33 feet, Staff recommends this conditional use permit approval be contingent upon the application obtaining Town of Vail approval of the associated design review applications and associated prescribed regulations amendment to the allowable building height within the Outdoor Recreation District. II. DESCRIPTION OF THE REQUEST The applicant, Town of Vail, in cooperation with the Vail Recreation District, is requesting the Planning and Environmental Commission’s review of an amendment to an existing conditional use permit to facilitate the renovation of the Vail Golf Course clubhouse. As identified in the applicant’s operations and management plan dated January 10, 2013 (Attachment C), the Vail Golf Course clubhouse includes the following elements: “Golf Pro Shop Nordic Center Administrative Offices Eating and Drinking Establishments (referred to below as Golfer Grille and deck) Banquet Facilities (referred to below as Banquet Room/Banquet Patio/Banquet Lawn) Lockers/Restrooms/Circulation/Storage Golf Cart Storage (referred to below as Cart Barn)” As identified in the applicant’s request dated October 31, 2012, (Attachment B), the proposed golf course clubhouse renovation involves numerous project elements including 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 to be shared throughout the building, however there will be separate entrances for the banquet room and the recreation uses. • A grill/bar sized for +/-40 people plus outdoor/deck space, • A kitchen sized to serve the grill and a separate “warming kitchen” space for the banquet room, • Arrival to golf/ pro shop and Nordic space at the parking lot level, • Project design that provides for both winter and summer use to a finished quality expected for Vail guests, 6/4/2013 Town of Vail Page 3 • The separation of uses and enhancement of circulation throughout site and within the building, • Location of golf course finish area on the east side of the building in order to encourage golfers to exit through the grill/pro shop, • Clarification of circulation and entry on the front side of the building, • Maintain approximate existing building square footages while increasing the efficiency and functionality of the building, • Two-story tall (4 level) building, and • Reuse of as much of the existing building structure, which is critical to maintain the original project budget.” Since the Planning and Environmental Commission’s November 12, 2012 meeting, the applicant has revised the proposed application as outlined in the attached addendum (Attachment B): “The following is an addendum to the CUP application for the remodeling of the Vail Golf Course Club House. The purpose of this addendum is to provide additional information on the proposed CUP in response to staff and Planning and Environmental Commission comments and questions. Management and Operations Plan [Attachment D] A revised Management and Operations Plan has been submitted under separate cover. Revisions to this Plan have been made in response to PEC comments at its November 12th hearing. Changes made to this Plan include: • Clarification that in no cases shall temporary tents be permitted on the proposed practice/teaching green. • Refinements to the parking management element of the Plan. • Refinements to the neighborhood relations program and neighborhood liaison. Traffic Impact Assessment [Attachment E] A Traffic Impact Analysis of the proposed project has been prepared by Felsburg Holt and Ullevig. A copy of this report is provided under separate cover. Parking Assessment and Management Plan [Attachment F] A Parking Analysis of the proposed project has been prepared by Felsburg Holt and Ullevig. A copy of this report is provided under separate cover. This report addresses how a shared parking plan can be implemented in order to provide parking necessary to meet the needs of the various uses of the Club House and Golf Course. Building Height [Attachment B] Questions were asked regarding the height of the tower element on the building. The most recent PEC submittal included a roof plan and this plan depicted the height of the tower to be 40’ 0”. As an architectural element, this height is permissible by zoning regulations. A copy of the roof plan is attached. 6/4/2013 Town of Vail Page 4 Water Quality The Town commits to providing storm water treatment as necessary to ensure the quality of water/runoff from the project. Storm water treatment will be depicted on final civil drawings for the project (to be completed at time of final DRB review) and will include oil/sand separators or other comparable Best Management Practices (BMP’s), i.e. bio‐swales and/or detention ponds.” Based upon the testimony from the Planning and Environmental Commission’s November 12, 2012 meeting, there may be some confusion about what is a permitted use, conditional use, or accessory use in the Outdoor Recreation District. For clarification: • The applicant is requesting an amendment to the current conditional use permit for the existing golf course clubhouse. • A golf course is a permitted use within the Outdoor Recreation District (Section 12-8B-2, Permitted Uses, Vail Town Code). • Accessory buildings, such as the Vail Golf Course clubhouse, are allowed in the Outdoor Recreation District as conditional uses (Section 12-8B-3, Conditional Uses, Vail Town Code). • The existing golf course clubhouse is an accessory use to the permitted Vail Golf Course. • As an accessory use, the existing golf course clubhouse is a conditional use in the Outdoor Recreation District (Section 12-8B-3, Conditional Uses, Vail Town Code). • The activities occurring at the existing golf course clubhouse simply define a golf course clubhouse. • An attempt to dissect any land use into successively smaller components (an accessory to an accessory to an accessory, etc.) creates a spiral that distorts the original intent of the subject zoning legislation. A vicinity map (Attachment A), application addendum (Attachment B), applicant’s request (Attachment C), revised management and operations plan (Attachment D), traffic impact assessment (Attachment E), parking assessment and management plan (Attachment F), preliminary drainage report (Attachment G), architectural plans (Attachment H), and new public comment (Attachment I) have been attached for review and inclusion in the record. 6/4/2013 Town of Vail Page 5 III. BACKGROUND The Vail Golf Course was constructed under Eagle County jurisdiction in the 1960’s. In 1972, the subject portions of the Vail Golf Course (clubhouse and parking lot sites) were annexed into the Town of Vail through Ordinance No. 5, Series of 1972. While it is not clear from the Town’s archives, the golf course clubhouse site appears to have been subsequently zoned Agriculture District. In 1973, the Town of Vail approved a final plat for the Sunburst at Vail Subdivision which included the golf course parking lot property. On August 7, 1973, the Town of Vail adopted Ordinance No. 8, Series of 1973, which established comprehensive zoning regulations for the Town of Vail. In establishing comprehensive regulations, this ordinance created 12 new zone districts including the Agriculture and Open Space District. The golf course clubhouse was site subsequently rezoned to the Agriculture and Open Space District. This ordinance also established Special Development District No. 1 for the “Sunburst Development”, which included the golf course parking lot property. On August 16, 1977, the Town of Vail adopted Ordinance No. 17, Series of 1977, which rezoned the golf course parking lot property from Special Development District No. 1 to the Public Use District. On September 14, 1977, the Town of Vail approved the Sunburst Filing 2 plat which established the golf course parking lot property as Lot 3. On December 20, 1977, the Town of Vail approved the final plat for Sunburst Filing 3, a re-subdivision of Sunburst Filing 2. In January of 1984, the Town of Vail purchased the Vail Golf Course property from the Pulis Ranch. On October 4, 1994, the Town of Vail adopted Ordinance No. 21, Series of 1994. In part, this ordinance repealed the Public Use District and reestablished it as the General Use District. This ordinance also established a new zone district named the Outdoor Recreation District. On November 7, 1995, the Vail Town Council adopted Ordinance No. 19, Series of 1995, which rezoned 67 properties to the Natural Area Preservation District, Outdoor Recreation District, or General Use District. Portions of the Vail Golf Course were rezoned from the Agriculture and Open Space District to the new Outdoor Recreation District. This ordinance also amended the Outdoor Recreation District to allow “golf course” as a permitted use. In 2000, the Vail Jr. Hockey Association, Vail Recreation District, and Town of Vail proposed constructing a seasonal ice rink at the Vail Golf Course driving range. To 6/4/2013 Town of Vail Page 6 facilitate construction of the proposed seasonal ice rink, three development applications were submitted: minor subdivision, rezoning, and a conditional use permit. On September 25, 2000, the Planning and Environmental Commission approved a final plat to subdivide the golf course clubhouse and driving range sites into a new Vail Golf Course Clubhouse Subdivision and a conditional use permit for the construction of a seasonal ice rink. The Commission forwarded a recommendation of approval to the Vail Town Council for the proposed rezoning of the clubhouse and driving range from Outdoor Recreation District to General Use District. On April 17, 2001, the Vail Town Council adopted Ordinance No. 9, Series of 2001, to rezone the Vail Golf Course Clubhouse Subdivision from Outdoor Recreation District to the General Use District. Adjacent property owners opposed to the seasonal ice rink subsequently filed an appeal of the ice rink approvals. A court decision on the appeal nullified the rezoning of the golf course clubhouse and driving range due to procedural errors. The merits of the rezoning were not reviewed by the court. The Vail Golf Course Clubhouse Subdivision final plat was not executed and recorded within the one-year timeframe prescribed by the Planning and Environmental Commission, so the Commission’s approval of the plat expired. Rather than pursuing the rezoning of the golf course clubhouse and driving range further, the Vail Jr. Hockey Associated, Vail Recreation District, and Town of Vail chose instead to propose amendments to the Outdoor Recreation District to allow the seasonal ice rink at the golf course driving range. On October 14, 2002, the Planning and Environmental Commission approved a conditional use permit for the seasonal ice rink contingent upon the Vail Town Council’s approval of amendments of the Outdoor Recreation District. On November 5, 2002, the Vail Town Council adopted Ordinance No. 29, Series of 2002, which allowed a “seasonal use or structure” as a conditional use in the Outdoor Recreation District. 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 6/4/2013 Town of Vail Page 7 Ford Amphitheater improvements, including outdoor seating and restroom improvements?” 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 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. On October 22, 2012, the Planning and Environmental Commission held a public hearing to discuss the three submitted applications: (zone district boundary amendment to rezone the golf course parking lot from the General Use District to the Outdoor Recreation District, prescribed regulation amendment to allow building heights of up to 33 feet for sloping roofs within the Outdoor Recreation (OR) District, and the conditional use permit amendments to allow for the redevelopment of the Vail Golf Course Clubhouse). The applicant introduced the golf course clubhouse project, public testimony was heard, the Commission asked questions of the applicant, and the public hearing was continued to a future meeting. At its November 7, 2012, public hearing the Design Review Board held a conceptual review of the proposed clubhouse renovation. The applicant introduced the golf course 6/4/2013 Town of Vail Page 8 clubhouse project, public testimony was heard, the Board asked questions of the applicant. The following is a summary of the conceptual comments from the Design Review Board: • The Board was generally complimentary of the building design direction and the proposed landscaping plan. • The clubhouse should have traditional, mountain architecture detailing; rather than contemporary, mountain architecture detailing. • There needs to be are consistent architectural theme among all the golf course buildings. • The proposed primary roof ridge should be “broken up” with a ridgeline step, dormer, architectural projection, or some other method. • The north elevation of the clubhouse should be more decorative. • Exterior signage should be considered at this time and not at the end of the project design development. • The vehicle entrance should be visually enhanced to reduce confusion about which driveway should be used to enter the site. • Electric power should be incorporated into the landscape plan to facilitate the lighting of a “holiday tree” or trees. On November 12, 2012, the Planning and Environmental Commission reopened the public hearing of the three submitted golf course clubhouse renovation applications (zone district boundary amendment to rezone the golf course parking lot from the General Use District to the Outdoor Recreation District, prescribed regulation amendment to allow building heights of up to 33 feet for sloping roofs within the Outdoor Recreation (OR) District, and the conditional use permit amendments to allow for the redevelopment of the Vail Golf Course Clubhouse). The applicant answered questions from the Planning and Environmental Commission’s previous meeting, described revisions to the golf course clubhouse project, public testimony was heard, and the Commission asked questions of the applicant. The Planning and Environmental Commission then forwarded the Vail Town Council a recommendation of approval for the proposed zone district boundary amendment application and the proposed prescribed regulations amendment application by votes of 5-0-2 (Pierce and Hopkins recused). The Planning and Environmental Commission continued the public hearing of the proposed conditional use permit amendment application to a future meeting. IV. ROLES OF THE REVIEWING BODIES Planning and Environmental Commission: 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: The Design Review Board has no review authority over a conditional use permit amendment application. However, the Design Review Board is responsible for the 6/4/2013 Town of Vail Page 9 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. APPLICABLE REGULATIONS VAIL LAND USE PLAN CHAPTER II: LAND USE PLAN GOALS / POLICIES (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth / Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.12 Vail should accommodate most of the additional growth in existing developed areas (in fill areas). 2. Skier / Tourist Concerns 6/4/2013 Town of Vail Page 10 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.4 The community should improve summer recreational options to improve year- round tourism. 2.5 The community should non-skier recreational options to improve year-round tourism. 6. Community Services 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. CHAPTER VI: PROPOSED LAND USE (IN PART) P – Parks: Included in this category are town owned parcels intended for both active recreation activities such as athletic fields, golf courses and playgrounds, as well as areas for various passive recreation activities. TITLE 12: ZONING REGULATIONS Chapter 12-1: Title, Purpose, Applicability (in part) 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 6/4/2013 Town of Vail Page 11 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Chapter 12-2: Definitions (in part) LOT OR SITE: A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this title and meeting the minimum requirements of this title. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. Article 12-8B: Outdoor Recreation District Section 12-8B-1: Purpose The outdoor recreation district is intended to preserve undeveloped or open space lands from intensive development while permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses. 12-8B-2: Permitted Uses The following uses shall be permitted in the OR district: Bicycle and pedestrian paths. Golf courses. 6/4/2013 Town of Vail Page 12 Interpretive nature walks. Nature preserves. Passive outdoor recreation areas and open spaces. 12-8B-3: Conditional Uses The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: 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. Cemeteries. Communications antennas and appurtenant equipment. Equestrian trails, used only to access national forest system lands. Public parks and active public outdoor recreation areas and uses, excluding buildings. Public utility and public service uses. Seasonal use or structure. Ski lifts, tows and runs. Well water treatment facilities 12-8B-4: Accessory Uses The following accessory uses shall be permitted in the OR district: Accessory uses in the OR district are subject to conditional use permit review in accordance with the provisions of chapter 16 of this title. 12-8B-5: Lot Area and Site Dimensions: Not applicable in the OR district. 12-8B-6: Setbacks: In the OR district, the minimum setback shall be twenty feet (20') from all property lines, except as may be further restricted by the planning and environmental commission in conjunction with the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. 6/4/2013 Town of Vail Page 13 12-8B-7: Height: For a flat roof or mansard roof, the height of buildings shall not exceed twenty one feet (21'). For a sloping roof, the height of buildings shall not exceed twenty four feet (24'). 12-8B-8: Density: Not applicable in the OR district. 12-8B-9: Site Coverage: Site coverage shall not exceed five percent (5%) of the total site area. 12-8B-10: Landscaping And Site Development: Landscape requirements shall be determined by the design review board in accordance with chapter 11 of this title. 12-8B-11: Parking: Off street parking shall be provided in accordance with chapter 10 of this title. 12-8B-12: Additional Development Standards: Additional regulations pertaining to site development standards and the development of land in the outdoor recreation district are found in chapter 14 of this title. CHAPTER 12-16: CONDITIONAL USES PERMITS (in part) Section 12-16-1: Purpose; Limitations: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. VI. SITE ANALYSIS Vail Golf Course Parking Lot Address: 1775 Sunburst Drive Legal Description: Lot 3, Sunburst Filing 3 6/4/2013 Town of Vail Page 14 Zoning: Outdoor Recreation District Land Use Designation: Park Mapped Geological Hazards: High Severity Rockfall Lot Area: 1.01 acres (+/- 43,995 sq. ft.) Vail Golf Course Clubhouse Address: 1775 Sunburst Drive Legal Description: Unplatted Zoning: Outdoor Recreation District Land Use Designation: Park Mapped Geological Hazards: High Severity Rockfall Lot Area: 90.75 acres (+/- 3,995,070 sq.ft.) Standard Allowed/Required Proposed Lot/Site Area: n/a 91.76 ac (3,997,065 sq.ft.) Setbacks: Front: 20 ft. or per PEC >20 ft. West Side: 20 ft. or per PEC >20 ft. East Side: 20 ft. or per PEC >20 ft. Rear: 20 ft. or per PEC >20 ft. Height: 30 ft. flat / 33 ft. sloped 33 ft. sloped Height, Architectural Projection: 41.25 ft.* 40 ft. tower Density & GRFA: n/a n/a Site Coverage: 199,853 sq.ft. (5%) 23,510 sq.ft. (0.6%) Landscaping: per Design Review Board n/a Parking: 122 spaces 124 spaces *Pursuant to Section 14-10-4-F, Vail Town Code, architectural projections may extend above the height limit by a distance of up to 25% of the height limit (33’+25%=41.25’). VII. SURROUNDING LAND USES AND ZONING Existing Use Zoning District North: I-70 n/a South: Residential Single Family District and SDD #24 West: Residential Low Density Multiple Family District East: Residential Two-Family Primary/Secondary District 6/4/2013 Town of Vail Page 15 VIII. REVIEW CRITERIA Before acting on an amendment to an existing conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. The proposed amendment to an existing conditional use permit is intended to facilitate renovations to the Vail Golf Course clubhouse in response to the 2011 election in which the Vail electorate re-allocated conference center funds specifically for the “expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including multi-use community space” which Staff finds consistent with the development objectives of the Town. The proposed conditional use permit amendment maintains the historic uses of the Vail Golf Course clubhouse and surrounding grounds for a golf pro shop, administrative offices, locker rooms, restrooms, golf cart storage, eating and drinking establishments, meeting rooms, banquet facilities, etc. The proposed conditional use permit amendments will facilitate the updating and upgrading of the aged, existing clubhouse to improve the recreational and cultural opportunities for Vail citizens and guest in keeping with the Town of Vail’s stated vision and mission: “Our Vision - To be the Premier International Mountain Resort Community! Our Mission - We will provide the citizens of Vail and our guests superior services, outstanding environmental stewardship and an abundance of recreational, cultural and educational opportunities.” The Vail Golf Course is designated as Park by the Vail Land Use Plan. The proposed amendment to an existing conditional use permit for the golf course clubhouse continues the use of the Vail Golf Course property for active and passive outdoor recreation activities, such as golf and Nordic sports, consistent with the purpose of the Park land use designation: “P – Parks: Included in this category are town owned parcels intended for both active recreation activities such as athletic fields, golf courses and playgrounds, as well as areas for various passive recreation activities.” The proposed amendment to the existing conditional use permit for the golf course clubhouse is consistent with the goals of the Vail Land Use Plan as outlined in Section V of this memorandum. By renovating the existing clubhouse building, rather than constructing additional buildings at the Vail Golf Course, Vail will continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident and additional growth is accommodated within existing developed areas. The proposed renovations to 6/4/2013 Town of Vail Page 16 the clubhouse will facilitate an upgrade the quality of development at the Vail Golf Course. Constructing a “world-class” clubhouse promotes Vail’s role as a destination resort and improves the summer recreational options to improve year-round tourism. A renovated golf course clubhouse will also further Vail’s goal of providing non-skier recreational options to improve year-round tourism. The proposed conditional use permit amendment also expands the community’s recreational services to keep pace with increased growth and the needs of peak periods. Staff finds other goals of the Vail Land Use Plan as outlined in Section V of this memorandum to not be applicable to this amendment to an existing conditional use permit application. Based upon the proposed architectural plans, proposed management and operations plans, proposed parking management plan, etc. Staff finds that the proposed amendment to the existing conditional use permit furthers the general and specific purposes of the Town’s adopted Zoning Regulations as prescribed by Title 12, Zoning, Vail Town Code: “12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 6/4/2013 Town of Vail Page 17 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community.” The proposed amendment to the conditional use permit for the clubhouse continues to preserve undeveloped and open spaces lands while providing opportunities for passive and active outdoor recreation activities such as golf and Nordic sports. The proposed amendment to an existing conditional use permit therefore advances the purposes of the Outdoor Recreation District as prescribed by Article 12-8B, Vail Town Code: “Section 12-8B-1: Purpose The outdoor recreation district is intended to preserve undeveloped or open space lands from intensive development while permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses.” There is only one golf course in Vail. Because of its unusual and special characteristics, the applicant is proposing a management and operations plan and a parking management plan to ensure the effects of clubhouse renovation are compatible and harmonious with the surrounding properties and the Town as a whole, while also achieving the development objective of the community. Therefore Staff finds proposed amendments to a conditional use permit to be consistent with the purposes of Chapter 12-16, Conditional Use Permit, Vail Town Code. “Section 12-16-1: Purpose; Limitations: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied.” 6/4/2013 Town of Vail Page 18 Based upon these factors, Staff finds the proposed amendments to an existing conditional use permit to be consistent with this review criterion. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Based upon the scope of the applicant’s proposal, Staff finds that the proposed conditional use permit will have no significant impacts on the light and air, distribution of population, transportation facilities, utilities, schools, or other public facilities needs in comparison to existing conditions. Staff finds that the proposed amendments to the conditional use permit will have positive impacts on the community’s park and recreation facilities. The proposed amendment will facilitate the construction of updates and improvements to an existing, aged golf course clubhouse. As further identified in the applicant’s request, the proposed renovation of the clubhouse includes: • “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 to be shared throughout the building, however there will be separate entrances for the Banquet Room and the recreation uses. • A grill/bar sized for +/-40 people plus outdoor/deck space, • A kitchen sized to serve the grill and a separate “warming kitchen” space for the Banquet Room, • Arrival to Golf/ pro shop and Nordic space at the parking lot level, • Project design that provides for both winter and summer use to a finished quality expected for Vail guests, • The separation of uses and enhancement of circulation throughout site and within the building, • Location of golf course finish area on the east side of the building in order to encourage golfers to exit through the grill/pro shop, • Clarification of circulation and entry on the front side of the building, • Maintain approximate existing building square footages while increasing the efficiency and functionality of the building, • Two-story tall (4 level) building, and • Reuse of as much of the existing building structure, which is critical to maintain the original project budget.” As part of this conditional use permit amendment proposal, the applicant is proposing a management and operations plans (Attachment F). Staff finds that the proposed management and operations plans minimizes any negative impacts of this proposal on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff also finds that the proposed management and operations plan minimizes impacts of this proposal on 6/4/2013 Town of Vail Page 19 neighboring property owners. The proposed management and operations plan addresses the following items: • Golfer grill and patio • Banquet room, banquet patio, and banquet lawn • Tents • Golf cart access and flow • Parking and parking management • Lighting • Noise and amplified sound • Hours of operation • Use of the old 18th green • Neighbor notification and liaison • Approval process and amendments to the plan Staff finds the proposed amendments to the conditional use permit, along with the restrictions imposed by the management and operations plan are consistent with this review criterion. 3. 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 street and parking areas. The proposed amendment to a conditional use permit includes modifications to the golf course traffic patterns and upgrades to the configuration and design of the parking lot. These modifications will better accommodate and delineate vehicular arrival and access, patron drop-off, bus maneuvering, trash pickup, delivery access, and emergency vehicle staging than the existing conditions. Snow removal will be accommodated in accordance with the applicant’s proposed management and operations plan (Attachment D). The existing bus stop along Sunburst Drive will be maintained. The existing driveway curb-cuts will also be maintained, rather than being relocated to the south. Maintaining the existing curb-cut locations will not create any additional conflicts between vehicular traffic and pedestrian/bicycle traffic along Sunburst Drive. The parking requirements for a golf course are not specified in the parking schedules of Section 12-10-10, Parking Schedules, Vail Town Code. Therefore, the parking requirement shall be determined by the Planning and Environmental Commission (12- 10-10, Vail Town Code). The Town of Vail has development policies that require parking for land uses to be provided on-site and off-site, but not within the public streets. The applicant is proposing parking for the golf course on-site and off-site through a parking management plan. The applicant is not proposing parking for the Vail Golf Course on the adjacent Sunburst Drive. 6/4/2013 Town of Vail Page 20 A traffic impact assessment prepared by Felsburg Holt & Ullevig dated December 21, 2012, (Attachment E) examines the traffic impacts associated with the proposed renovation of the golf course clubhouse and the proposed changes in use associated with this conditional use permit amendment application. This report examines both the existing traffic conditions and the “expansion trip generation” associated with the applicant’s request. This traffic impact assessment concludes that: “Based on the available data and the assessment presented here regarding trip making, there is no indication that Sunburst Drive or Vail Valley Drive East would be overwhelmed by the net 2974 square-foot increase remodeling. The roadways appear to be functioning well below their comfortable capacity, and even a peak banquet room function associated with the expansion would generate only 200 trips per day, less than two percent of the road’s carrying capacity.” The proposed management and operations plan addresses both parking lot snow storage/removal and parking management to improve the functionality of the golf course parking lot compared to existing conditions. The proposed management and operations plan includes the following parking management elements: • Scheduling • Employee parking • Parking lot management • Parking lot permits • On-site valet parking • Off-site valet parking • Shuttles A parking assessment and management plan prepared by Felsburg Holt & Ullevig dated December 21, 2012, (Attachment F) further examines the parking impacts associated with the proposed renovation of the golf course clubhouse and the proposed changes in use associated with this conditional use permit amendment application. This report examines the existing parking conditions and the parking needs associated with the applicant’s request. This report further defines a parking management plan to accommodate the parking demands of the various functions of the golf course clubhouse. This parking management plan involves both strategically scheduling activities at the golf course and implementing active management techniques such as on-site valet parking, off-site valet parking, and shuttles. The parking assessment and management plan concludes that: “Based on the available data and the analysis presented herein, larger (200 person) and additional banquet room functions can be accommodated as part of the remodeling provided that: • Banquet room functions are appropriately scheduled relative to their size. • Active management strategies are implemented commensurate with the anticipated attendance level. 6/4/2013 Town of Vail Page 21 • The operations of the lot be monitored and assessed on a regular basis to refine the management process and develop best practices at managing the clubhouse parking.” Based upon all these factors, Staff finds that the proposed amendment to a conditional use permit will improve traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas consistent with this review criterion. 4. 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. The proposed amendments to the conditional use permit will facilitate the remodel of the existing aged and worn Vail Golf Course clubhouse and grounds. The proposed physical improvements to this property will enhance the character of the area. As a renovation utilizing an existing building foundation, the location and general bulk and mass of the clubhouse is similar to existing conditions. The renovated clubhouse will be a 21,841 sq.ft. building located on an approximately 92 acre site. The golf course clubhouse is a significantly less dense development than the neighboring single- family, two-family, and multi-family residential zoned properties. The proposed 33 foot height of the golf course clubhouse are the same 33 foot heights allowed for the neighboring Two-Family Primary/Secondary Residential District, lower than the 38 foot heights allowed for the neighboring Low Density Multiple-Family District, and lower than the 30 foot height limit of the one adjacent Single-Family District zoned lot. The proposed golf course clubhouse exceeds the minimum 20 foot setbacks prescribed the Outdoor Recreation District. The clubhouse combined with the other nearby golf course buildings constitutes only 0.6% site coverage which is below the 5% allowed within the Outdoor Recreation District. Based upon these facts, Staff finds the proposed amendment to a conditional use permit is consistent with the scale, bulk and character of the surrounding uses. To further ensure a positive effect upon the character the area, the applicant is proposing a management and operations plan addresses the following items: • Golfer grill and patio • Banquet room, banquet patio, and banquet lawn • Tents • Golf cart access and flow • Parking and parking management • Lighting • Noise and amplified sound • Hours of operation • Use of the old 18th green 6/4/2013 Town of Vail Page 22 • Parking lot snow storage • Neighbor relations • Enforcement • Approval process and amendments to the plan The applicant is also construction parking lot improvements and implementing a parking management plan, including prohibiting parking along Sunburst Drive, to meet the anticipated parking demands of the renovated golf course clubhouse. Staff finds that the elements of the proposed management and operations plan and the parking management plan will minimize any negative effects upon the neighboring property owners and the character of surrounding area consistent with this criterion. IX. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission approves, with conditions, these 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 Clubhouse (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. This recommendation is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this conditional use permit amendment request, the Community Development Department recommends the Commission passes the following motion: “The Planning and Environmental Commission approves this request for 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 Clubhouse (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.” Should the Planning and Environmental Commission choose to approve this conditional use permit amendment request, the Community Development Department recommends the Commission imposes the following conditions: 6/4/2013 Town of Vail Page 23 “1. This conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review applications (PRJ12-0156). 2. This conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval of the associated prescribed regulations amendment to the allowable building height within the Outdoor Recreation District (Ordinance No. 21, Series of 2012). 3. The applicant shall operate the subject golf course clubhouse in accordance with the management and operations plan prepared by the Town of Vail and the Vail Recreation District dated January 10, 2013 as approved by the Planning and Environmental Commission on January 14, 2013, and the parking management plan prepared by Felsburg, Holt & Ullevig dated December 21, 2012 as approved by the Planning and Environmental Commission on January 14, 2013. Failure by the applicant to operate the subject golf course clubhouse in accordance with the approved management and operations plans and the parking management plan shall be considered a violation of the Vail Town Code (Section 1-4-1, General Penalty, Vail Town Code, and Section 12-3-9, Compliance, Violations; Penalties). 4. Any future amendments to this conditional use permit approval shall be reviewed in accordance with the procedures prescribed by the Vail Town Code (Chapter 12-16, Conditional Use Permit, Vail Town Code).” Should the Planning and Environmental Commission choose to approve this conditional use permit amendment request, the Community Development Department recommends the Commission makes the following findings: “Based upon the review of the criteria outlined in Sections VIII of the Staff memorandum to the Planning and Environmental Commission dated January 14, 2013, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed conditional use permit is in accordance with the purposes of the Zoning Regulations and the Outdoor Recreation District; 2. The proposed conditional use permit and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and, 3. The proposed conditional use permit complies with each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code.” 6/4/2013 Town of Vail Page 24 X. ATTACHMENTS A. Vicinity Map B. Addendum, dated December 20, 2012 C. Applicant’s Request, dated October 31, 2012 D. Management and Operations Plan, dated January 10, 2013 E. Traffic Impact Assessment, dated December 21, 2012 F. Parking Assessment and Management Plan, dated December 21, 2012 G. Preliminary Drainage Report, dated November 7, 2012 H. Architectural Plans, stamped received January 10, 2013 I. Additional Public Comment received since November 12, 2012 6/4/2013 Page 1 PLANNING AND ENVIRONMENTAL COMMISSION January 14, 2013 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road W. - Vail, Colorado, 81657 **order and times of agenda items are subject to change** 12:30pm Legal Training – Town Attorney MEMBERS PRESENT MEMBERS ABSENT Bill Pierce Susan Bird John Rediker Henry Pratt Luke Cartin Pam Hopkins departed after recusing on item 1 for a family matter. Michael Kurz arrived after the legal training Site Visits: No site visits 60 minutes 1. 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 ACTION: Tabled to January 28, 2013 MOTION: Rediker SECOND: Cartin VOTE: 4-1-2 (Kurz opposed, Pierce and Hopkins recused) Commissioners Pierce and Hopkins recused themselves from the hearing on this item due to a financial conflict of interest. Bill Gibson gave a presentation per the staff memorandum. He highlighted correspondence received from the public since the Commission’s last hearing and entered it into the record. Tom Braun, of Braun Associates, representing the applicant, introduced the members of the applicant’s team present at the hearing. He started by answering a question raised at the previous hearing regarding the ability to request a conditional use permit for a golf course clubhouse. He then gave a power point presentation highlighting the revisions made to the project based upon input from the Commission’s previous hearings. He specifically addressed the floor area devoted to the various uses in comparison with the current uses, building height and the architectural tower element, parking, and the proposed operations and maintenance plan for the golf course clubhouse. He clarified that the proposed 200 attendant size limit for future banquet events applied to the combined area of the banquet room, patio, and lawn areas. He clarified that no tents would be allowed outside the clubhouse without a special event permit or a separate conditional use permit. He clarified that the old 18th green would only be used for golf 6/4/2013 Page 2 practice and lessons, and that no other use would be allowed. He further clarified that the Vail Recreation District (VRD) would be responsible for managing both the golf course and the clubhouse banquet facilities, so that the scheduling of events could be coordinated by one entity to avoid conflicts. He then described the proposed VRD neighborhood liaison position and proposed methods for informing neighbors of upcoming clubhouse events. He also described the proposed on-site event management and requirements of the clubhouse rental agreement. Commissioner Pratt inquired as to the VRD/catering entity being a point of contact during the event and how their contact information would be made available to the public. He recommended that they be the first point of contact for the neighbors, rather than the Police Department. Tom Braun, stated that he would respond after the following presentation on traffic and parking. Chris Fasching from Felsburg, Holt, and Ullevig, representing the applicant, gave a presentation on traffic impacts. He highlighted existing traffic volumes, peak impact, and carrying capacity of Sunburst Drive. He spoke to the assumptions made in performing the traffic analysis. The conclusion was that the road would not be overburdened by the increased traffic anticipated by the changes being proposed. He continued by highlighting how shared parking is addressed when several uses have differing peak times throughout the day. He highlighted the assumptions made in the analysis such as tee time data, trip generation, and persons per vehicle. The conclusion was that the proposed construction of 12 new parking spaces and the proposed parking management plan would adequately address the future parking need of the clubhouse. He also presented three scenarios where the proposed four-step parking management process would be utilized to determine parking availability and strategies to accommodate parking demand. Commissioner Cartin inquired as to the solution for a function during the peak golf season. He suggested that there should always be an off-site requirement. Chris Fasching responded that it depends on the size of the function and how much parking is needed. Commissioner Cartin inquired as to any conflict between pedestrians, bikes and cars on Sunburst Drive. Chris Fasching responded that there are street design elements that could be implemented to reduce conflicts and increase safety. Commissioner Bird inquired how current day skier, trial hiker, and bike path user parking in the clubhouse parking lot is addressed by the analysis. Greg Hall spoke to how day skier parking is currently permitted at the golf course and how the parking lot will be managed on days when parking is needed for an event. He noted that day skier parking may be further restricted at the clubhouse in the future. He identified how those impacts were considered and addressed in the parking strategy and analysis. Tom Braun described how the proposed off-site valet parking option would operate with use of the Public Works facility parking lot. He also described how Colorado Mountain Express currently provides shuttle services for weddings at Piney Ranch, Cordillera, and Beaver Creek; and that they could provide similar services for events at the clubhouse. He then described the proposed on-site valet parking layout. 6/4/2013 Page 3 Adam Kahn, VIP Parking Solutions, a valet business owner/operator for Golden Peak, Bravo events, two country clubs in the Denver area, and ten restaurants in Denver; described the potential valet operations for the clubhouse. He noted that valeting cars at the clubhouse would be less difficult than the valet service they provide at other venues. Commissioner Kurz suggested that any large event on a peak day should automatically be required to provide off-site valet. Dale Bugby, resident, inquired as to the cost of valet. Adam Kahn responded that it would be approximately $25 per hour. Commissioner Cartin asked if the valet service would be coordinated by the VRD or by the event holder. Tom Braun clarified that there would be a single valet provider that you would be required to be used and event holders could not bring in a different provider. Tom Braun concluded the presentation by highlighting the need for the upgrade and changes at the clubhouse. He noted that the conditional use permit application includes a 15% increase in floor area and that the proposed use of the clubhouse is the same as the historic uses of the building. He noted that today there is no management plan for events at the clubhouse, and that the applicant’s proposed management plan is more restrictive than the Town Code. The operation plan was developed to help everyone understand how the facility would be used. He spoke to several factors about the project which he believes had been distorted by the project opponents in previous public hearings:  it is untrue that no one wants this project  it is untrue that 500 to 600 person events would occur since the applicant is proposing a total size limit of 200 persons  it is untrue that a wedding chapel, not a clubhouse, is being proposed  it is untrue that the applicant is requesting special privileges for parking, since the applicant meets the number of required spaces in addition to proposing a parking management plan  it is untrue that the old 18th green will become a parking lot  it is untrue that parking at the golf course can’t be managed Commissioner Pratt inquired about the weddings that have been occurring over the past 5-10 years at the golf course clubhouse. Mike Ortiz, VRD Director, stated that the largest recent wedding event was 160 people and parking was not an issue as guest were shuttled to the site. He estimated that 15 weddings have occurred at the clubhouse each year. Before opening public comment, Commissioner Pratt clarified that the proposed relocation of the 18th green is a Town Council matter and not a decision for the Commission. Dale Bugby, resident, asked the members of the Commission to review his email which was included in the Commission’s packet. He does not believe there is enough parking today and that the 12 additional parking spaces are already informally being used today. Restriping the lot does not gain any new area. People are parking there today regardless of there being a striped parking space. He noted that the applicant’s proposal violates the Pulis restrictive covenants. He asked the Commission to turn down the project based upon a flawed parking plan. 6/4/2013 Page 4 Chris Toll from Holland & Hart, attorney representing adjacent homeowners, disclosed that his firm is involved in the current lawsuit against the town. He stated that he provided a letter with the concerns of his clients. He believes the applicant’s proposal puts a square peg in a round hole and spoke to the fundamental flaw of putting a commercial land uses in an open space and residential neighborhood. He then spoke to how accessory uses must be “necessary” to the function and operation of the golf course. He continued by highlighting the need to look at the component parts of the proposal and asked if all of that is necessary to operate the Vail Golf Course. He believes the answer is obviously no. He continued by stating that a banquet facility is not customary or incidental to a golf course. There has been no testimony showing that other golf courses in Eagle County have a banquet facility for 200 people. The final concern highlighted the lack of public support for the project. He does not believe the public knew the details of this project last year and the results of the election do not indicate public support for this proposal. Dale Bugby and 80 other golfers have stated their opposition the project. The Commission needs to balance the interests of the business community and the residents. This project goes over a line in addressing business interests over the interests of the neighbors. Commissioner Rediker, spoke to Mr. Tolls points about accessory uses being more applicable to the Commissions review than other points that appealed more to emotion. He spoke to his personal experiences that golf course clubhouses typically contain a banquet facility. He asked Mr. Toll why a banquet facility is not incidental in this case? Chris Toll responded that several elements of the current project proposal may not be of the same scope as those Mr. Rediker may have experienced. The town’s goal is to increase the number of weddings which will have huge impacts on the neighborhood. There is a change to the current quiet facility to a more heavily used facility. He stated that this proposal is for an event center and not a golf course clubhouse. This facility is opening the door to an unlimited number of events with outdoor parties and tents all over the lawn areas. Commissioner Rediker spoke to his understanding of the concerns of the neighbors. He clarified that the applicant’s proposal would increase the banquet facility from 160 people today to 200 people. He then wanted to focus on the determination of necessary, customary, and incidental with regard to the banquet facility. He asked Mr. Toll how the town was wrong in determining that a banquet facility is “necessary” for the operation of the golf course when similar facilities exist all over the country and are often used as revenue generators. Chris Toll spoke to reports by the town identifying the revenue generated by events would be much less than the golf course revenue. He believes the proposed banquet uses would threaten the primary revenue generator of golf. Commissioner Kurz described the overall economic benefits of events on the town (hotels, restaurants, retail, etc.) and noted that there is a 40 to 1 return on dollars spent at a banquet facility. Chris Toll noted his understanding of the ancillary economic impact, but the applicant’s proposal would be detrimental to the town’s outdoor recreation. There are numerous other locations to locate a facility for events in Vail that are not adjacent to a residential neighborhood. Commissioner Rediker asked how Mr. Toll viewed the Town Council’s charge to provide community facilities at the clubhouse with the Commission’s review of the proposed conditional use permit amendment. 6/4/2013 Page 5 Chris Toll noted that his clients are not opposed to remodeling the clubhouse. However, they believe the applicant’s proposal should be rejected and the applicant should be told to remodel the facility inside the existing building footprint with no expansion of the banquet room. His clients do not have any problem with the way weddings have occurred in the past. Commissioner Rediker summarized that the according to Mr. Toll, the neighbors’ real concern is only the size of the banquet facility and not whether or not a banquet facility is permissible. Chris Toll stated that he should correct himself and reach out to his clients for their specific input. Sam Maslak, resident of Sunburst Drive, spoke to the flawed operation plan. He spoke to flaws in the allowable size of events, tent locations, and parking. Why doesn’t the applicant say that they will not permit any tents instead of just saying tents won’t be on the green which is in their own self interest. He does not believe the existing conditions estimates of the traffic report since there are only six full-time residents on Sunburst Drive past the clubhouse. He noted concerns that a scheduled wedding could preclude a golfing event. He stated that he is objecting to the banquet facility not a remodel of the golf course clubhouse. He believes the clubhouse is being re-purposed into an event center. He believes the proposed parking must be in violation of Town Code. Kaye Ferry, resident of Vail Valley Drive, spoke to her past experiences with events at the clubhouse. She stated there is absolutely a need to remodel the clubhouse, today the building is an embarrassment. She spoke to her attempt to expand her business on Bridge Street years ago and the requirements for her to pay for parking. She is opposed to the town not adhering to its own parking standards. The Commission needs to ensure that the parking requirement is met. She recommended that the Fire Marshall’s occupancy limit for the clubhouse be identified. Bill Gibson clarified that the Vail Town Code does not prescribe a required parking number for golf courses and therefore the Commission must determine the parking requirements. He also clarified that the parking pay-in-lieu fees described by Ms. Ferry had been repealed many years ago. Kaye Ferry clarified she was not speaking about the golf course parking requirement, but the banquet facility parking. Art Albplanalp, representing adjacent property owners, spoke to the fact that today an existing restaurant is occasionally used for events; it is not a banquet facility. He continued by stating that he visited all the golf courses in Eagle County and not one has a banquet facility incorporated in the clubhouse. Some golf course restaurants are used for events and some golf courses have separate event locations. This application is not for a golf course clubhouse, but instead it is for a mini convention center. Jim Lamont, Vail Homeowners Association, stated that his group did not feel that the proposal was in keeping with the intent of the restrictive covenants on the property. The residents adjacent to the project are not the only opposed members of the community. Economics plays no role in the review of this project. The argument that this needs to be an economic development tool is minor in scope and a banquet facility should not be used to support the project. He added that previously the conference center funds were to be used for a proposed convention center adjacent to the Lionshead Transportation Center with its own parking. He spoke to the disgrace associated with the town giving itself a special privilege to not provide parking for the banquet facility. On-street parking is not allowed elsewhere in town and parking should not be allowed on the Sunburst Drive. What other business is permitted to have off-site 6/4/2013 Page 6 valet? Only this entity chooses to constantly not provide parking for its land uses. By contrast, the Town obstructed Vail Resort’s Ever Vail project for many years over the issue of parking. Dale Bugby, resident, spoke to his research regarding the Pulis family ranch and the initial agreements prohibiting restaurants at the golf course. He added that in today’s world a restaurant could be argued as necessary to a golf clubhouse. This proposal is for a restaurant and banquet facility. Because there is a restaurant there today does not result in it being acceptable to have any size of restaurant in the future. It does not work. Jim Lamont stated that the Commission has the responsibility to protect the neighborhood and the community. Sam Maslak spoke to his analysis of what portion of the new construction was for golf and what was for non-golf use. His calculations show that the proposal is to re-purpose the clubhouse for a banquet facility at the cost of the golf. Tom Braun stated that there are 12 new parking spaces being proposed. The applicant is not asking for a waiver of the parking requirements. The applicant has reviewed the Town Code and the golf course clubhouse is not a listed land uses and an analysis has been performed to allow the Commission to determine the appropriate parking count. He spoke to the reality that many Eagle County golf course clubhouses hold numerous events. He spoke specifically of Cordillera. He spoke to the fact that the existing banquet facility holds 160 people. The proposal is to increase the allowed attendance to 200 people. He spoke to the various square footage increases for the activities in the facility. Commissioner Kurz stated that this is a complex issue. He inquired as to the second finding statement which includes the term “materially injurious”. What does the mean? George Ruther, Community Development Director, directed the Commission to review the specific purposes of the Town Zoning Code found under the applicable documents section of the memorandum. Commissioner Kurz asked if that phrase meant the Town is warranting the application against any decrease in property value, negative traffic impacts, etc. George Ruther and Bill Gibson directed the Commission to various sections of the Town Code. Commissioner Bird inquired as to the parking generation and calculation performed by the applicant. She asked for clarity regarding how the restaurant was calculated with regard to parking. Tom Braun responded that the restaurant parking generation was included in the parking generation analysis for golf users. It was assumed that the restaurant would be occupied by golfers. Commissioner Cartin stated that the relocation of the 18th hole is not an element of this application. He believes that the issue of traffic, pedestrians, and path access has not been fully addressed by the applicant. He also spoke to the review process for obtain a permit for a tent. Commissioner Rediker also had concerns over the traffic and parking issues and whether they have been fully addressed. He stated that he hears the neighbors’ concerns, but their rhetoric is sometimes overblown. He would like to support the project as the building is in need of redevelopment. 6/4/2013 Page 7 Commissioner Pratt stated that good points have been made by both sides. He asked if the language could be amended to state that the maximum of 200 people applies to the building, grass area, or outdoor patio. He added that language should also be added to prohibit all tents. He stated a concern with the findings language and impacts on the neighborhood. He believes the site planning and architectural design have been well done; however, the management plan is too complex. He suggested that the banquet facility be reduced in size. Commissioner Kurz made a motion to approve the conditional use permit amendment with the conditions identified in the staff memorandum, plus conditions that the 200 person banquet capacity includes all outdoor areas and that all tents are prohibited. After this motion failed due to a lack of a second, there was a discussion about what additional information is needed. Commissioner Bird asked to see a copy of the proposed contracts that individuals using the banquet facility will be required to sign. Commissioner Cartin asked for additional information regarding parking and traffic and the impacts to the neighborhood. Commissioner Pratt stated that the parking management plan does not seem to address situations that were not anticipated. It appears that there are not enough parking spaces to capture the number of people being brought to the site. Greg Hall described the five overflow parking events that occurred last summer at the golf course. He asked for further clarification of the Commission’s concerns. Commissioner Rediker noted that he does not want to see the whole project stopped because a parking solution could not be found. Greg Hall noted that a two year limit could be a condition of approval to allow the parking plan to be refined or the banquet facility size could be capped. Commissioner Rediker noted that their may be an middle ground on banquet room size that addresses the neighbors’ concerns. Sam Maslak, speaking from the audience, express that their concerns are not only about the size of the room, but the possibility of more events occurring. 20 minutes 2. A request for a recommendation to the Vail Town Council on an application for an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for the encroachment of an addition to the Lionshead Centre Building into View Point #8, located at 520 East Lionshead Circle/Lot 5, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC120047) Applicant: Jorge Esteve, Javier Barrios, and Lucilia DeLaLama, represented by Suman Architects and Mauriello Planning Group Planner: Bill Gibson ACTION: Recommendation of Approval with Conditions MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 CONDITION(S): 1. Approval of this encroachment into an existing view corridor is specific to the associated design review application for an addition to Units 208, 308, and 309 6/4/2013 Page 8 Lionshead Centre, as approved by the Design Review Board on December 5, 2012 (DRB120433). 2. Approval of this encroachment into an existing view corridor shall become null and void upon the demo/rebuild (as defined by Chapter 12-2, Definitions, Vail Town Code) of the Lionshead Centre Building. Commissioner Hopkins recused herself on the first item, and due to a family emergency departed the hearing before item #2. Bill Gibson gave a presentation per the staff memorandum. Dominic Mauriello, Mauriello Planning Group, representing the applicant, gave a power point presentation discussing the proposal and the criteria for review. The presentation included computer modeling of the encroachment and photographs of the existing conditions. Commission Cartin felt the application meet the review criteria. Commissioner Pratt stated that he didn’t agree with Dominic Mauriello’s rationale, but he felt the application complied with the review criteria. Commissioners Bird, Rediker, and Kurz supported the application. 20 minutes 3. A request for the review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for amendments to the allowable Gross Residential Floor Area (GRFA), located at 3946 Lupine Drive/Lot 5A, Block 2, Bighorn Subdivision 1st Addition, and setting details in regards thereto. (PEC120048) Applicant: Edwardo and Pilar Vigil, represented by RKD Architects Planner: Warren Campbell ACTION: Approved MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 Warren Campbell gave a presentation per the staff memorandum. The applicant’s representative, Jack Snow from RKD Architects, was available for questions. The Commissioners expressed support for the application and believed it complied with the review criteria. 4. A request for the review of a conditional use permit, pursuant to Section 12-7I-5, Conditional Uses, Generally (On all levels of a building or outside of a building), Vail Town Code, to allow for a ski lift and tow (gondola), located at 934 South Frontage Road/ Unplatted, and a request for a conditional use permit, pursuant to 12-8B-3, Conditional Uses, Vail Town Code to allow for a ski lift and tow (gondola), located at 830 Forest Road/Unplatted and setting forth details in regard thereto. (PEC120035) Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group Planner: Warren Campbell ACTION: Withdrawn 5. A request for the review of a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage 6/4/2013 Page 9 within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting forth details in regard thereto. (PEC120027) Applicant: Anne Upton, represented by Pierce Architects Planner: Bill Gibson ACTION: Withdrawn 6. Approval of December 10, 2012 minutes ACTION: Approved MOTION: Cartin SECOND: Rediker VOTE: 6-0-0 7. Information Update - Ford Park amphitheater restroom venting Commissioners Pierce and Pratt had concerns about the letter from Zehren and Associates addressing their concerns about the venting of the new amphitheater restroom. The Commissioners recommended that the applicant engage a mechanical engineer to address the issue. 8. Adjournment MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published January 11, 2013 in the Vail Daily. 6/4/2013 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 22, 2013 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 Clubhouse (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 Planner: George Ruther I. SUMMARY The applicant, Town of Vail, represented by Tom Braun of Braun & Associates, Inc, is requesting the Planning and Environmental Commission reviews an application for an amendment to an existing conditional use permit to facilitate the renovation of the Vail Golf Course clubhouse. This is a continuation of the Planning and Environmental Commission public hearing of this item from its October 22, 2012, November 12, 2012 and January 14, 2013 meetings. This conditional use permit application is associated with two other development applications previously reviewed, and recommended for approval, by the Planning and Environmental Commission to the Vail Town Council: 1. Zone district boundary amendment to rezone the golf course parking lot from the General Use (GU) District to the Outdoor Recreation (OR) District. 2. Prescribed regulation amendment to allow building heights for golf course clubhouses of up to 33 feet for sloping roofs of within the Outdoor Recreation (OR) District. Based upon review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission approves, with conditions, 6/4/2013 2 the amendments to a conditional use permit application to allow for renovations to the golf course clubhouse, subject to the findings noted in Section IX of this memorandum. Since the proposed amendments to the use of the golf course clubhouse are associated with the construction of physical improvements to the existing facility which specifically involve increasing the height of the building to 33 feet, this conditional use permit approval shall be contingent upon the applicant obtaining Town of Vail approval of the associated design review applications and associated prescribed regulations amendment to the allowable building height within the Outdoor Recreation District. II. DESCRIPTION OF THE REQUEST The applicant, the Town of Vail, in cooperation with the Vail Recreation District, is requesting the Planning and Environmental Commission reviews the amendment to an existing conditional use permit to facilitate the renovation of the Vail Golf Course clubhouse. The Vail Golf Course clubhouse is located at 1775 Sunburst Drive. As identified in the revised Vail Golf and Nordic Club House Addendum to CUP Application, dated March 29, 2013, (Attachment C), the Vail Golf Course clubhouse renovation includes the following elements: “Golf Pro Shop Nordic Center Administrative Offices Eating and Drinking Establishments (referred to below as Golfer Grille and deck) Banquet Facilities (referred to below as Banquet Room/Banquet Patio/Banquet Lawn) Lockers/Restrooms/Circulation/Storage Golf Cart Storage (referred to below as Cart Barn)” The proposed golf course clubhouse renovation involves numerous project elements including the following: • Dedicated banquet room with a capacity limited to 160 people, • Pre-convene space sufficient to support the banquet room, • The common areas, restrooms, elevator and stairs to be shared throughout the building, however there will be separate entrances for the banquet room and the recreation uses. • A grill/bar sized for +/-40 people plus outdoor/deck space, • A kitchen sized to serve the grill and a “warming kitchen” space for the banquet room, • Arrival to golf/ pro shop and Nordic space at the parking lot level, • Project design that provides for both winter and summer use to a finished quality expected for Vail guests, • The separation of uses and enhancement of circulation throughout site and within the building, 6/4/2013 3 • Location of golf course finish area on the east side of the building in order to encourage golfers to exit through the grill/pro shop, • Clarification of circulation and entry on the front side of the building, • Maintain approximate existing building square footages while increasing the efficiency and functionality of the building, • Two-story tall (4 level) building, and • Reuse of as much of the existing building structure, which is critical to maintain the original project budget. Vail Golf and Nordic Club House Management and Operations Plan , dated April, 2013, [Attachment D] A revised Management and Operations Plan has been submitted under separate cover. Revisions to this Plan have been made in response to PEC comments at its November 12, 2012 and January 14, 2013 hearings. Changes made to this Plan include: • Clarification that in no cases shall temporary tents be permitted on the proposed practice/teaching green. • Refinements to the parking management element of the Plan including no overflow parking on Sunburst Lane. • An increase in available on site vehicle parking to 158 space through the implementation of a valet parking plan. • Refinements to the neighborhood relations program and neighborhood liaison. • A 20% reduction in occupancy of the banquet room (i.e., 200 to 160) Based upon the testimony from the Planning and Environmental Commission meeting on November 12, 2012, and again on January 14, 2013, there may be some confusion about what is a permitted use, conditional use, or accessory use in the Outdoor Recreation District. It needs to be understood that if the application were not allowable by the Vail Town Code, staff would not have allowed the application to advance forward in the Town’s development review process. Again, for clarification purposes: • The applicant is requesting an amendment to the current conditional use permit for the existing golf course clubhouse. • A golf course is a permitted use within the Outdoor Recreation District (Section 12-8B-2, Permitted Uses, Vail Town Code). • Accessory buildings, such as the Vail Golf Course clubhouse, are allowed in the Outdoor Recreation District subject to the issuance of a conditional use permit (Section 12-8B-3, Conditional Uses, Vail Town Code). • The golf course clubhouse is an accessory use to the permitted Vail Golf Course. 6/4/2013 4 • As an accessory use, the golf course clubhouse is a conditional use in the Outdoor Recreation District (Section 12-8B-3, Conditional Uses, Vail Town Code). • The activities occurring at the existing golf course clubhouse, and other similar uses, simply define a golf course clubhouse. • An attempt to dissect any land use into successively smaller components (an accessory to an accessory to an accessory, etc.) creates a spiral that distorts the original intent of the subject zoning legislation. III. BACKGROUND The Vail Golf Course was constructed under Eagle County jurisdiction in the 1960’s. In 1972, the subject portions of the Vail Golf Course (clubhouse and parking lot sites) were annexed into the Town of Vail through Ordinance No. 5, Series of 1972. While it is not clear from the Town’s archives, the golf course clubhouse site appears to have been subsequently zoned Agriculture District. In 1973, the Town of Vail approved a final plat for the Sunburst at Vail Subdivision which included the golf course parking lot property. On August 7, 1973, the Town of Vail adopted Ordinance No. 8, Series of 1973, which established comprehensive zoning regulations for the Town of Vail. In establishing comprehensive regulations, this ordinance created 12 new zone districts including the Agriculture and Open Space District. The golf course clubhouse site was subsequently rezoned to the Agriculture and Open Space District. This ordinance also established Special Development District No. 1 for the “Sunburst Development”, which included the golf course parking lot property. On August 16, 1977, the Town of Vail adopted Ordinance No. 17, Series of 1977, which rezoned the golf course parking lot property from Special Development District No. 1 to the Public Use District. On September 14, 1977, the Town of Vail approved the Sunburst Filing 2 plat which established the golf course parking lot property as Lot 3. On December 20, 1977, the Town of Vail approved the final plat for Sunburst Filing 3, a re-subdivision of Sunburst Filing 2. In January of 1984, the Town of Vail purchased the Vail Golf Course property from the Pulis Ranch. On October 4, 1994, the Town of Vail adopted Ordinance No. 21, Series of 1994. In part, this ordinance repealed the Public Use District and reestablished it as the General 6/4/2013 5 Use District. This ordinance also established a new zone district named the Outdoor Recreation District. On November 7, 1995, the Vail Town Council adopted Ordinance No. 19, Series of 1995, which rezoned 67 properties to the Natural Area Preservation District, Outdoor Recreation District, or General Use District. Portions of the Vail Golf Course were rezoned from the Agriculture and Open Space District to the new Outdoor Recreation District. This ordinance also amended the Outdoor Recreation District to allow “golf course” as a permitted use. In 2000, the Vail Jr. Hockey Association, Vail Recreation District, and Town of Vail proposed constructing a seasonal ice rink on the driving range at the Vail Golf Course. To facilitate construction of the proposed seasonal ice rink, three development applications were submitted for review and approval: minor subdivision, rezoning, and a conditional use permit. On September 25, 2000, the Planning and Environmental Commission approved a final plat to subdivide the golf course clubhouse and driving range sites into a new Vail Golf Course Clubhouse Subdivision and a conditional use permit for the construction of a seasonal ice rink. The Commission forwarded a recommendation of approval to the Vail Town Council for the proposed rezoning of the clubhouse and driving range from Outdoor Recreation District to General Use District. On April 17, 2001, the Vail Town Council adopted Ordinance No. 9, Series of 2001, to rezone the Vail Golf Course Clubhouse Subdivision from Outdoor Recreation District to the General Use District. Several adjacent property owners, opposed to the seasonal ice rink, subsequently filed an appeal of the ice rink approvals. A court decision on the appeal nullified the rezoning of the golf course clubhouse and driving range due to procedural errors. The merits of the rezoning were not reviewed by the court. The Vail Golf Course Clubhouse Subdivision final plat was not executed and recorded within the one-year timeframe prescribed by the Planning and Environmental Commission and the Town’s subdivision regulations, so the Commission’s approval of the plat expired. Rather than pursuing the rezoning of the golf course clubhouse and driving range further, the Vail Jr. Hockey Associated, Vail Recreation District, and Town of Vail chose instead to propose amendments to the Outdoor Recreation District to allow seasonal ice rinks as a conditional use at the golf course driving range. On October 14, 2002, the Planning and Environmental Commission approved a conditional use permit for the seasonal ice rink contingent upon the Vail Town Council’s approval of amendments of the Outdoor Recreation District. On November 5, 2002, the 6/4/2013 6 Vail Town Council adopted Ordinance No. 29, Series of 2002, which allowed a “seasonal use or structure” as a conditional use in the Outdoor Recreation District. 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?” On April 16, 2012, the Town of Vail (golf course property owner), in cooperation with the Vail Recreation District (golf course leaseholder/operator), submitted a final plat application and a rezoning application intended to facilitate future renovations to the Vail Golf Course clubhouse 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 (rezoning), prescribed regulation amendments, and conditional use permit amendment applications to facilitate renovations to the Vail Golf Course clubhouse. 6/4/2013 7 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 complaint does not prevent the Planning and Environmental Commission’s review of the three submitted development applications. On October 22, 2012, the Planning and Environmental Commission held a public hearing to discuss the three submitted applications: (zone district boundary amendment to rezone the golf course parking lot from the General Use District to the Outdoor Recreation District; prescribed regulation amendment to allow building heights golf course clubhouses of up to 33 feet for sloping roofs within the Outdoor Recreation (OR) District; and the conditional use permit amendments to allow for the renovation of the Vail Golf Course Clubhouse). The applicant introduced the golf course clubhouse renovation project, public testimony was heard, the Commission asked questions of the applicant, and the public hearing was continued to a future meeting. At its November 7, 2012, public hearing the Design Review Board held a conceptual review of the proposed clubhouse renovation. The applicant introduced the golf course clubhouse project; public testimony was heard; the Board asked questions of the applicant. The following is a summary of the conceptual comments from the Design Review Board: • The Board was generally complimentary of the building design direction and the proposed landscaping plan. • The clubhouse should have traditional, mountain architecture detailing; rather than contemporary, mountain architecture detailing. • There needs to be are consistent architectural theme among all the golf course buildings. • The proposed primary roof ridge should be “broken up” with a ridgeline step, dormer, architectural projection, or some other method. • The north elevation of the clubhouse should be more decorative. • Exterior signage should be considered at this time and not at the end of the project design development. • The vehicle entrance should be visually enhanced to reduce confusion about which driveway should be used to enter the site. • Electric power should be incorporated into the landscape plan to facilitate the lighting of a “holiday tree” or trees. On November 12, 2012, the Planning and Environmental Commission reopened the public hearing of the three submitted golf course clubhouse renovation applications (zone district boundary amendment to rezone the golf course parking lot from the General Use District to the Outdoor Recreation District; prescribed regulation amendment to allow building heights of up to 33 feet for sloping roofs within the Outdoor Recreation (OR) District; and the conditional use permit amendments to allow for the redevelopment of the Vail Golf Course Clubhouse). The applicant answered questions from the Planning and Environmental Commission’s previous meeting; described 6/4/2013 8 revisions to the golf course clubhouse renovation project; public testimony was heard; and the Commission asked questions of the applicant. The Planning and Environmental Commission then forwarded the Vail Town Council a recommendation of approval for the zone district boundary amendment application and the prescribed regulations amendment application by votes of 5-0-2 (Pierce and Hopkins recused). The Planning and Environmental Commission continued the public hearing of the proposed conditional use permit amendment application to a future meeting. IV. ROLES OF THE REVIEWING BODIES Planning and Environmental Commission: 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: The Design Review Board has no review authority over a conditional use permit amendment 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. APPLICABLE REGULATIONS VAIL LAND USE PLAN CHAPTER II: LAND USE PLAN GOALS / POLICIES (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. 6/4/2013 9 The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth / Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.12 Vail should accommodate most of the additional growth in existing developed areas (in fill areas). 2. Skier / Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.4 The community should improve summer recreational options to improve year- round tourism. 2.5 The community should promote non-skier recreational options to improve year-round tourism. 6. Community Services 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. CHAPTER VI: PROPOSED LAND USE (IN PART) P – Parks: Included in this category are town owned parcels intended for both active recreation activities such as athletic fields, golf courses and playgrounds, as well as areas for various passive recreation activities. 6/4/2013 10 TITLE 12: ZONING REGULATIONS Chapter 12-1: Title, Purpose, Applicability (in part) 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. 6/4/2013 11 Chapter 12-2: Definitions (in part) LOT OR SITE: A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this title and meeting the minimum requirements of this title. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. Article 12-8B: Outdoor Recreation District Section 12-8B-1: Purpose The outdoor recreation district is intended to preserve undeveloped or open space lands from intensive development while permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses. 12-8B-2: Permitted Uses The following uses shall be permitted in the OR district: Bicycle and pedestrian paths. Golf courses. Interpretive nature walks. Nature preserves. Passive outdoor recreation areas and open spaces. 12-8B-3: Conditional Uses The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: 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. Cemeteries. Communications antennas and appurtenant equipment. Equestrian trails, used only to access national forest system lands. Public parks and active public outdoor recreation areas and uses, excluding buildings. 6/4/2013 12 Public utility and public service uses. Seasonal use or structure. Ski lifts, tows and runs. Well water treatment facilities 12-8B-4: Accessory Uses The following accessory uses shall be permitted in the OR district: Accessory uses in the OR district are subject to conditional use permit review in accordance with the provisions of chapter 16 of this title. 12-8B-5: Lot Area and Site Dimensions: Not applicable in the OR district. 12-8B-6: Setbacks: In the OR district, the minimum setback shall be twenty feet (20') from all property lines, except as may be further restricted by the planning and environmental commission in conjunction with the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. 12-8B-7: Height: For a flat roof or mansard roof, the height of buildings shall not exceed twenty one feet (21'). For a sloping roof, the height of buildings shall not exceed twenty four feet (24'). 12-8B-8: Density: Not applicable in the OR district. 12-8B-9: Site Coverage: Site coverage shall not exceed five percent (5%) of the total site area. 12-8B-10: Landscaping And Site Development: Landscape requirements shall be determined by the design review board in accordance with chapter 11 of this title. 12-8B-11: Parking: Off street parking shall be provided in accordance with chapter 10 of this title. 12-8B-12: Additional Development Standards: Additional regulations pertaining to site development standards and the development of land in the outdoor recreation district are found in chapter 14 of this title. 6/4/2013 13 CHAPTER 12-16: CONDITIONAL USES PERMITS (in part) Section 12-16-1: Purpose; Limitations: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. VI. SITE ANALYSIS Vail Golf Course Parking Lot Address: 1775 Sunburst Drive Legal Description: Lot 3, Sunburst Filing 3 Zoning: Outdoor Recreation District Land Use Designation: Park Mapped Geological Hazards: High Severity Rockfall Lot Area: 1.01 acres (+/- 43,995 sq. ft.) Vail Golf Course Clubhouse Address: 1775 Sunburst Drive Legal Description: Unplatted Zoning: Outdoor Recreation District Land Use Designation: Park Mapped Geological Hazards: High Severity Rockfall Lot Area: 90.75 acres (+/- 3,995,070 sq.ft.) Standard Allowed/Required Proposed Lot/Site Area: n/a 91.76 ac (3,997,065 sq.ft.) Setbacks: Front: 20 ft. or per PEC >20 ft. West Side: 20 ft. or per PEC >20 ft. East Side: 20 ft. or per PEC >20 ft. Rear: 20 ft. or per PEC >20 ft. 6/4/2013 14 Height: 30 ft. flat / 33 ft. sloped 33 ft. sloped Height, Architectural Projection: 41.25 ft.* 40 ft. Density & GRFA: n/a n/a Site Coverage: 199,853 sq.ft. (5%) 23,510 sq.ft. (0.6%) Landscaping: per Design Review Board n/a Parking: 122 spaces 158 spaces *Pursuant to Section 14-10-4-F, Vail Town Code, architectural projections may extend above the height limit by a distance of up to 25% of the height limit (33’+25%=41.25’). VII. SURROUNDING LAND USES AND ZONING Existing Use Zoning District North: I-70 n/a South: Residential Single Family District and SDD #24 West: Residential Low Density Multiple Family District East: Residential Two-Family Primary/Secondary District VIII. REVIEW CRITERIA Before acting on an amendment to an existing conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. The proposed amendment to an existing conditional use permit is intended to facilitate renovations to the Vail Golf Course clubhouse in response to the 2011 election in which the Vail electorate re-allocated conference center funds specifically for the “expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including multi-use community space” which Staff finds consistent with the development objectives of the Town. The proposed conditional use permit amendment maintains the historic uses of the Vail Golf Course clubhouse and surrounding grounds for a golf pro shop, administrative offices, locker rooms, restrooms, golf cart storage, eating and drinking establishments, meeting rooms, banquet facilities, etc. The proposed conditional use permit amendments facilitate the updating and upgrading of the aged, existing clubhouse to improve the recreational and cultural opportunities for Vail citizens and guest in keeping with the Town of Vail’s stated vision and mission: 6/4/2013 15 “Our Vision - To be the Premier International Mountain Resort Community! Our Mission - We will provide the citizens of Vail and our guests superior services, outstanding environmental stewardship and an abundance of recreational, cultural and educational opportunities.” The Vail Golf Course is designated as Park by the Vail Land Use Plan. The proposed amendment to an existing conditional use permit for the golf course clubhouse continues the use of the Vail Golf Course property for active and passive outdoor recreation activities, such as playing golf and Nordic sports, consistent with the purpose of the Park land use designation: “P – Parks: Included in this category are town owned parcels intended for both active recreation activities such as athletic fields, golf courses and playgrounds, as well as areas for various passive recreation activities.” The proposed amendment to the existing conditional use permit for the golf course clubhouse is consistent with the goals of the Vail Land Use Plan as outlined in Section V of this memorandum. By renovating the existing clubhouse building, rather than constructing additional buildings at the Vail Golf Course, Vail will • continue to grow in a controlled environment and orderly manner, • maintain a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident, and • additional growth is accommodated within existing developed areas. The proposed renovations to the clubhouse will facilitate an upgrade the quality of development at the Vail Golf Course. Constructing a “world-class” clubhouse promotes Vail’s role as a destination resort and improves the summer recreational options to improve year-round tourism. A renovated golf course clubhouse will also further Vail’s goal of providing non-skier recreational options to improve year-round tourism. The proposed conditional use permit amendment also expands the community’s recreational services to keep pace with increased growth and the needs of peak periods. Staff finds other goals of the Vail Land Use Plan as outlined in Section V of this memorandum to not be applicable to this amendment to an existing conditional use permit application. Based upon the proposed architectural plans, proposed management and operations plans, proposed parking management plan, etc. Staff finds that the proposed amendment to the existing conditional use permit furthers the general and specific purposes of the Town’s adopted Zoning Regulations as prescribed by Title 12, Zoning, Vail Town Code: 6/4/2013 16 “12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community.” The proposed amendment to the conditional use permit for the golf course clubhouse continues to preserve undeveloped and open spaces lands while providing opportunities for passive and active outdoor recreation activities such as playing golf and Nordic sports. The proposed amendment to an existing conditional use permit therefore advances the purposes of the Outdoor Recreation District as prescribed by Article 12-8B, Vail Town Code: 6/4/2013 17 “Section 12-8B-1: Purpose The outdoor recreation district is intended to preserve undeveloped or open space lands from intensive development while permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses.” There is only one golf course in Vail. The applicant is proposing a management and operations plan, along with a valet parking program, to assure compatibility and harmonious development between the proposed amendment to the conditional use and with the surrounding properties and the Town as a whole, while also achieving the development objective of the community. Therefore, Staff finds the proposed amendments to a conditional use permit to be consistent with the purposes of Chapter 12-16, Conditional Use Permit, Vail Town Code. “Section 12-16-1: Purpose; Limitations: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied.” Based upon these factors, Staff finds the proposed amendments to an existing conditional use permit to be consistent with this review criterion. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Based upon the scope of the applicant’s proposal, Staff finds that the proposed conditional use permit will have no significant negative impacts on the light and air, distribution of population, transportation facilities, utilities, schools, or other public facilities needs in comparison to existing conditions. Staff finds that the proposed amendments to the conditional use permit will have positive impacts on the community’s park and recreation facilities. The proposed amendment will facilitate the construction of updates and improvements to an existing, 6/4/2013 18 aged golf course clubhouse. As further identified in the applicant’s request, the proposed renovation of the clubhouse includes: • “Dedicated Banquet Room with a capacity for 160 people, • Pre-convene space sufficient to support the Banquet Room, • The common areas, restrooms, elevator and stairs to be shared throughout the building, however there will be separate entrances for the Banquet Room and the recreation uses. • A grill/bar sized for +/-40 people plus outdoor/deck space, • A kitchen sized to serve the grill and a separate “warming kitchen” space for the Banquet Room, • Arrival to Golf/ pro shop and Nordic space at the parking lot level, • Project design that provides for both winter and summer use to a finished quality expected for Vail guests, • The separation of uses and enhancement of circulation throughout site and within the building, • Location of golf course finish area on the east side of the building in order to encourage golfers to exit through the grill/pro shop, • Clarification of circulation and entry on the front side of the building, • Maintain approximate existing building square footages while increasing the efficiency and functionality of the building, • Two-story tall (4 level) building, and • Reuse of as much of the existing building structure, which is critical to maintain the original project budget.” As part of this conditional use permit amendment proposal, the applicant is proposing a management and operations plans (Vail Golf and Nordic Club House Management and Operations Plan, Attachment F). Staff finds that the proposed management and operations plans further minimizes the negative impacts of this proposal on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff also finds that the proposed management and operations plan minimizes impacts of this proposal on neighboring property owners consistent with the development objectives of the Town of Vail and in accordance with the Zoning Regulations of the Town of Vail. For instance, the applicant is proposing to place additional limitations on the approval of the conditional use permit than is normally required by the adopted regulations. Examples of this include the prohibition against the placement of a temporary tent(s) on the proposed practice and teaching green and the restriction against noise amplification of any kind after 8:00 pm. The proposed management and operations plan addresses the following items: • Golfer grill and patio • Banquet room, banquet patio, and banquet lawn • Tents • Golf cart access and flow • Parking and parking management 6/4/2013 19 • Lighting • Noise and amplified sound • Hours of operation • Use of the old 18th green • Neighbor notification and liaison • Approval process and amendments to the plan There are a number of amendments staff recommends Staff finds the proposed amendments to the conditional use permit, along with the restrictions imposed by the management and operations plan, are consistent with this review criterion. 3. 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 street and parking areas. The proposed amendment to a conditional use permit includes modifications to the golf course traffic patterns and upgrades to the configuration and design of the parking lot. These modifications will better accommodate and delineate vehicular arrival and access, patron drop-off, bus maneuvering, trash pickup, delivery access, and emergency vehicle staging than the existing conditions. Snow removal will be accommodated in accordance with the applicant’s proposed management and operations plan. Staff is recommending that changes be made to the proposed language, however, requiring snow removal from the entirety of the parking lot within 72 hours of accumulating snow piles on the parking lot surface causing the loss in use of 10 or more parking spaces. The existing bus stop along Sunburst Drive will be maintained. The existing driveway curb-cuts will also be maintained, rather than being relocated to the south. By maintaining the existing curb-cut locations any possible conflicts between vehicular traffic and pedestrian/bicycle traffic along Sunburst Drive are avoided. The parking requirements for a golf course are not specified in the parking schedules of Section 12-10-10, Parking Schedules, Vail Town Code. Instead, it is the applicant’s obligation to demonstrate to the satisfaction of the Commission that the proposed parking plan meets the intent of the Chapter 12-10, Vail Town Code and the parking needs of the proposed development. Therefore, the parking requirement shall be determined by the Planning and Environmental Commission (12-10-10, Vail Town Code). The Town of Vail has development policies that require parking for land uses to be provided on-site and off-site, but not within the public streets. The applicant is proposing parking for the golf course on-site and off-site through a parking management plan which includes a valet parking program. The applicant has proposed to increase the number of parking spaces on site to 125 striped spaces with an ability to park 158 vehicles through a valet program. According to the adopted regulation of the Town, up to 50% of the required parking can be in a valet parking program. The applicant’s 6/4/2013 20 proposal for parking is in compliance with the Vail Town Code. The applicant is proposing to prohibit parking for the Vail Golf Course on the adjacent Sunburst Drive. A traffic impact assessment prepared by Felsburg Holt & Ullevig, dated December 21, 2012, examines the traffic impacts associated with the proposed renovation of the golf course clubhouse and the proposed changes in use associated with this conditional use permit amendment application. This report examines both the existing traffic conditions and the “expansion trip generation” associated with the applicant’s request. This traffic impact assessment concludes that: “Based on the available data and the assessment presented here regarding trip making, there is no indication that Sunburst Drive or Vail Valley Drive East would be overwhelmed by the net 2974 square-foot increase remodeling. The roadways appear to be functioning well below their comfortable capacity, and even a peak banquet room function associated with the expansion would generate only 200 trips per day, less than two percent of the road’s carrying capacity.” The proposed management and operations plan addresses both parking lot snow storage/removal and parking management to improve the functionality of the golf course parking lot compared to existing conditions. The proposed management and operations plan includes the following parking management elements: • Scheduling • Employee parking • Parking lot management • Parking lot permits • On-site valet parking • Off-site valet parking • Shuttles A parking assessment and management plan prepared by Felsburg Holt & Ullevig dated December 21, 2012, further examines the parking impacts associated with the proposed renovation of the golf course clubhouse and the proposed changes in use associated with this conditional use permit amendment application. This report examines the existing parking conditions and the parking needs associated with the applicant’s request. This report further defines a parking management plan to accommodate the parking demands of the various functions of the golf course clubhouse. This parking management plan includes 125 vehicle parking spaces at the golf course surface parking lot and implementing active management techniques such as on-site valet parking, off-site valet parking, and shuttles. The parking assessment and management plan concludes that: “Based on the available data and the analysis presented herein, larger (160 person) and additional banquet room functions can be accommodated as part of the remodeling provided that: 6/4/2013 21 • Banquet room functions are appropriately scheduled relative to their size. • Active management strategies are implemented commensurate with the anticipated attendance level. • The operations of the lot be monitored and assessed on a regular basis to refine the management process and develop best practices at managing the clubhouse parking.” The Community Development Department is recommending the Planning and Environmental Commission establishes a total parking requirement of 158 parking spaces. This parking requirement is based on the “worst case” scenario for a peak golf day whereby 142 persons participate in a tournament with a shotgun start and 15 employees also parking on site. This scenario, while unlikely, assumes each participant and each employee arrives in a single occupant vehicle. Based upon all these factors, Staff finds that the proposed amendment to a conditional use permit will improve traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas consistent with this review criterion. 4. 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. The proposed amendments to the conditional use permit will facilitate the remodel of the existing aged and worn Vail Golf Course clubhouse and grounds. The proposed physical improvements to this property will maintain and enhance the character of the area. The character of the area is maintained and enhanced by this proposed use as the intended use (i.e., golf course and golf course club house) are allowed uses in the zone district and consistent with the Vail Land Use Plan. Further, the uses have been historically maintained on the site without resulting in any negative impacts on the character of the Sunburst Drive neighborhood. In instances where issues have risen in the past, parking on the Sunburst Drive for instance, the applicant has responded positively to the issue and provided more parking on site and prohibited the parking on the public street. In many regards, the request to amend the existing CUP to allow for the renovation to the golf course club house enhances the character of the area. The very act of renovating the golf course club house ensures its continued success and presence within the neighbor. A shared goal of the community and the adjacent property owners. As a renovation utilizing an existing building foundation, the location and general bulk and mass of the clubhouse is similar to existing conditions. The renovated clubhouse will be a 21,841 sq.ft. building located on an approximately 92 acre site. The golf course clubhouse is a significantly less dense development than the neighboring single- family, two-family, and multi-family residential zoned properties. The proposed 33 foot 6/4/2013 22 height limit of a golf course clubhouse are the same 33 foot height limitations allowed for the neighboring Two-Family Primary/Secondary Residential District, lower than the 38 foot heights allowed for the neighboring Low Density Multiple-Family District, and only 3 feet higher than the 30 foot height limit of the one adjacent Single-Family District zoned lot. The proposed golf course clubhouse exceeds the minimum 20 foot setbacks prescribed the Outdoor Recreation District. The clubhouse combined with the other nearby golf course buildings constitutes only 0.6% site coverage which is well below the 5% allowed within the Outdoor Recreation District. Based upon these facts, Staff finds the proposed amendment to a conditional use permit is consistent with the scale, bulk and character of the surrounding uses. To further ensure a positive effect upon the character the area, the applicant is proposing a management and operations plan addresses the following items: • Golfer grill and patio • Banquet room, banquet patio, and banquet lawn • Tents • Golf cart access and flow • Parking and parking management • Lighting • Noise and amplified sound • Hours of operation • Use of the old 18th green • Parking lot snow storage • Neighbor relations • Enforcement • Approval process and amendments to the plan The applicant is also constructing parking lot improvements and implementing a parking management plan, including prohibiting parking along Sunburst Drive, to meet the parking needs of the renovated golf course clubhouse. Staff finds that the elements of the proposed management and operations plan and the parking management plan will minimize any negative effects upon the neighboring property owners and the character of surrounding area consistent with this criterion. IX. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission approves, with conditions, these 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 Clubhouse (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 6/4/2013 23 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. This recommendation is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this conditional use permit amendment request, the Community Development Department recommends the Commission passes the following motion: “The Planning and Environmental Commission approves this request for 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 Clubhouse (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.” Should the Planning and Environmental Commission choose to approve this conditional use permit amendment request, the Community Development Department recommends the Commission imposes the following conditions: “1. This conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review applications (PRJ12-0156). 2. This conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval of the associated prescribed regulations amendment to the allowable building height within the Outdoor Recreation District for a golf course club house (Ordinance No. 21, Series of 2012). 3. This conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval of the associated zone district boundary amendment which allows for the Vail Golf Course parking lot to be zoned Outdoor Recreation District (Ordinance No. 22, Series of 2012). 4. The applicant shall cause the Vail Golf and Nordic Club House Management and Operations Plan, dated April, 2013, to be amended to include the revisions recommended by the Community Development Department and the form of the document shall be revised to ensure it’s effectiveness as a legal instrument and guarantee it’s enforceability, to be used in the administration of the conditional use permit approval (PEC120036), prior to the issuance of a building permit for any improvements associated with the golf course club house renovation. 6/4/2013 24 5. The Town of Vail, as owner of the property, through the execution of a lease agreement, shall cause the subject golf course clubhouse use to be managed and operated in accordance with the Vail Golf and Nordic Club House Management and Operations Plan, prepared by the Town of Vail and the Vail Recreation District, dated April, 2013, as amended and approved by the Planning and Environmental Commission on April 22, 2013. Failure by the Town of Vail to operate the subject golf course clubhouse in accordance with the approved management and operations plans and the parking management plan shall be considered a violation of the Vail Town Code (Section 1-4-1, General Penalty, Vail Town Code, and Section 12-3-9, Compliance, Violations; Penalties). 6. At the conclusion of the first year of operation of the Club House, the Vail Planning and Environmental Commission shall conduct a public hearing to review the effectiveness of this Plan. The operator’s neighborhood liaison will inform neighbors included on the neighborhood email contact list of this meeting. Any future amendments to this conditional use permit approval shall be reviewed in accordance with the procedures prescribed by the Vail Town Code (Chapter 12-16, Conditional Use Permit, Vail Town Code).” Should the Planning and Environmental Commission choose to approve this conditional use permit amendment request, the Community Development Department recommends the Commission makes the following findings: “Based upon the review of the criteria outlined in Sections VIII of the Staff memorandum to the Planning and Environmental Commission dated April 22, 2013, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The amended conditional use permit is in accordance with the purposes of the Zoning Regulations and the Outdoor Recreation District; 2. The proposed conditional use permit and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and, 3. The proposed conditional use permit complies with the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code.” 6/4/2013 Page 1 PLANNING AND ENVIRONMENTAL COMMISSION 1:00 pm April 22, 2013 TOWN COUNCIL CHAMBERS 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Bill Pierce Susan Bird Henry Pratt Luke Cartin Pam Hopkins John Rediker Michael Kurz 90 minutes 1. 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: George Ruther ACTION: Approved with condition(s) MOTION: Kurz SECOND: Cartin VOTE: 4-0-2 (Pierce & Hopkins recused) CONDITION(S): 1. This conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review applications (PRJ12-0156). 2. This conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval of the associated prescribed regulations amendment to the allowable building height within the Outdoor Recreation District for a golf course club house (Ordinance No. 21, Series of 2012). 3. This conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval of the associated zone district boundary amendment which allows for the Vail Golf Course parking lot to be zoned Outdoor Recreation District (Ordinance No. 22, Series of 2012). 4. The applicant shall cause the Vail Golf and Nordic Club House Management and Operations Plan, dated April, 2013, to be amended to include the revisions recommended by the Community Development Department with the addition of the pre-function area to be included the 160 person occupancy limit and that a graphic map be created to depict the allowable locations for temporary tents within the CUP area and the form of the document shall be revised to ensure it’s effectiveness as a legal instrument and guarantee it’s enforceability, to be used in 6/4/2013 Page 2 the administration of the conditional use permit approval (PEC120036), prior to the issuance of a building permit for any improvements associated with the golf course club house renovation. 5. The Town of Vail, as owner of the property, through the execution of a lease agreement, shall cause the subject golf course clubhouse use to be managed and operated in accordance with the Vail Golf and Nordic Club House Management and Operations Plan, prepared by the Town of Vail and the Vail Recreation District, dated April, 2013, as amended and approved by the Planning and Environmental Commission on April 22, 2013. Failure by the Town of Vail to operate the subject golf course clubhouse in accordance with the approved management and operations plans and the parking management plan shall be considered a violation of the Vail Town Code (Section 1-4-1, General Penalty, Vail Town Code, and Section 12-3-9, Compliance, Violations; Penalties). 6. At the conclusion of the first year of operation of the Club House, the Vail Planning and Environmental Commission shall conduct a public hearing to review the effectiveness of this Plan. The operator’s neighborhood liaison will inform neighbors included on the neighborhood email contact list of this meeting. 7. Any future amendments to this conditional use permit approval shall be reviewed in accordance with the procedures prescribed by the Vail Town Code (Chapter 12-16, Conditional Use Permit, Vail Town Code). Commissioners Pierce and Hopkins recused due to conflicts of interest. A motion to enter executive session was made by Kurz, seconded by Cartin. Vote 4-0-0. The record was turned off for an executive session to receive input on legal matters. A motion to adjourn the executive session was made by Kurz, seconded by Cartin. Vote 4-0-0 George Ruther gave a presentation per the staff memorandum. He highlighted several documents included in the public record. He added that there have been four public hearings before the Commission on this item. He spoke to the role of the Commission and the criteria by which the application shall be evaluated. He then spoke to many of the details of the proposal including the proposed parking counts and how the parking requirement recommended for approval was determined by staff. Staff is recommending approval with conditions. Commissioner Pratt inquired as to the statement of “parking capacity” page 8 of the management plan. There was a question regarding the required parking. George Ruther stated that staff is recommending 158 parking spaces and the management plan states that uses in the clubhouse needing more than 158 parking spaces are not allowed. Commissioner Pratt further inquired as to statements regarding off-site valet at Public Works. Tom Braun, representing the Town of Vail, further spoke to the management plan statements regarding off-site parking at Public Works. He began the power point presentation by stating that the applicant is looking to remodel the existing clubhouse to address several concerns with the existing structure. The proposal is to maintain the existing uses. The proposed application has 6/4/2013 Page 3 been amended several times throughout the process to address concerns of the neighborhood. He then spoke to the specifics of how parking for the land uses would occur and not impact Sunburst Drive. The management plan has been amended to be clearer with many “may” statements changing to “shall”. The capacity of the land uses is increasing from 120 to 160 attendees. There are currently 112 stripped parking spaces. The plan includes 125 stripped spaces and with valet parking the count increases to 158 parking spaces. Commissioner Kurz made a comment regarding the use of tents on the site. He spoke to the current procedure is to have any request for a tent go before the review of the full board which includes the Town Manager. Commissioner Cartin asked for clarification regarding whether or not the 158 parking spaces included the parking at the Public Works department. Tom Braun explained that the 158 did not include the public works spaces. Any spaces at Public Works were in addition to the prescribed requirement. Commissioner Pratt inquired as to the occupancy load of the existing banquet facility. Martin Haeberle, Chief Building Official, spoke to how egress affects the occupant loading. He also spoke to how occupant load is affected by how the space is used (tables, dancing, etc.) Commissioner Pratt inquired as to the current occupancy load for the existing banquet room. Martin Haeberle said he could calculate the occupancy if we had the size of the room. It was identified that the space is approximately 2,600 square feet, and 1 occupant is allowed per each 7 square feet. Commissioner Kurz spoke to the Commission not having any role in the determination of the covenants. Rob Levine, General Manger of the Antlers Lodge, spoke to the effectiveness of letting attendees know ahead of time about the parking situation and many will choose to use our mass transit system. He feels it is in the best interest of the community to have top drawer facilities in the Town. Gretchen Busse, representative of Sunburst Drive. She is glad the occupancy is down to 160 occupants. Does the 160 capacity include the outside areas? Tom Braun stated that 160 is 160. Ms. Bus se continued by inquiring as to who would be the operator and would they be in charge of valet and enforcement of the management plan. Tom Braun stated that the operator would be responsible. Ms. Bus se asked how the management plan would be enforced. She spoke to how the police department does not respond to calls regarding parking on Sunburst and noise. Steve Collis, Holland and Hart, attorney for several of the neighbors, spoke to how he believes the project is a square peg in a round hole. He spoke to how many people choose not to use valet, so how will this be insured. He continued by speaking to how the provided parking of 158 parking spaces does not account for any unforeseen events. He added that beyond attendees 6/4/2013 Page 4 there are pedestrians and bikers which need to taken into consideration. He stated that he has heard at the hearing that the occupancy will be limited to 160 attendees, but it is not in writing. He spoke to the average of 15 to 20 events per year and that is increasing to 50 to 60 along with a maximum attendee increase. The homeowners will be materially injured by the proposal which will have events three to four days a week throughout the summer. Art Abplanalp, attorney representing several owners of Sunburst Drive, spoke to the criteria that are to be used for evaluating a conditional use permit. He added that before reviewing the application, there must be a review of the Code to determine if the land use is identified and the process for review. He spoke to the layout of the proposed structure with the golf uses in the basement. He spoke to his confusion over the included management plan which was misleading. He highlighted several sections of the management plan which he believed eliminated several important elements. He spoke to a concern about the lack of the parking when there is a golf tournament with 142 participants, users of the eating and drinking establishments, putting and chipping green. He concluded with stating that if the Commission were considering approval that the application be tabled for adequate public notification. Peter Cook, resident, golfer, former VRD board member, spoke to his concern regarding how passes and memberships are run and the impact/conflict created between late start golfers and tents associated with events. He suggested events should not be permitted to start until later. Pam Stenmark, resident of Vail, spoke to the marketing of Vail and the quality. The current golf course club house is not a good reflection. Every club house she has been to includes a room for weddings and other events. She stated that the community should take advantage of the opportunity to improve the golf club house. Kim Newberry, former Town Council member, spoke to the clarity in the ballot question to renovate all the existing uses. The uses are accessory, incidental, and customary to the golf club house. Sam Maslak, resident of Sunburst Drive, stated that he and other residents and golfers look forward to a renovated golf club house. He is concerned that the process turns into an attempt to construct a convention center which failed a number of years ago. He added that in the past the police have not responded to concerns regarding parking and noise. There will be an increase in use and size of events which he stated is off concern. He does not believe there has been a straight answer on the current occupancy of the banquet room. He suggested that there be a limitation on the number of events during a month. He believes there is inadequate provision in the management plan to ensure compliance with the parking on Sunburst Drive. The issue of tents is still puzzling. Will there be tents allowing for 500 attendees? He asked that the project be turned down. Bob Boselli, business owner in Vail for 22 years, spoke to the biggest motivation to him was the need to improve the golf club house to be of high quality. Commissioner Pratt closed public participation. Tom Braun spoke to the several of the comments raised. He spoke to 160 attendees is 160 attendees. He spoke about tents and where they are anticipated. He added that a graphic map identifying the acceptable locations of tents may be appropriate. Commissioner Pratt inquired as to the use of tents in other locations on the golf course and the process for their use. 6/4/2013 Page 5 George Ruther stated that the memorandum suggested defining the acceptable locations for tents. Tom Braun spoke to the management plan that was provided and why certain portions were amended. Commissioner Kurz asked George Ruther if the public hearing was noticed pursuant to the Town Code. George Ruther stated that it was noticed in accordance with the Vail Town Code. Commissioner Cartin asked if there was a current management plan for the golf club house. George Ruther stated that there was not. Commissioner Kurz stated that he had a concern about the lack of the police response. He appreciates the passion around the proposal and they attention on the project to address concerns is clear. He spoke to the Town Code and the need to evaluate the proposal with regard to the criteria. He believes that the proposal is in compliance with the criteria. Commissioner Rediker stated that he agreed with the staff responses to the criteria. He believes the conditional use permit criteria have been met and efforts have been made to address the neighborhood’s concern. He has not been convinced that the banquet room is not accessory or not incidental to the golf club house or golf course. Commissioner Cartin stated that analysis by staff has been very thorough. He suggested that if problems arise the Commission can address them in a year pursuant to the recommended conditions. Commissioner Pratt asked that pre-function spaces be added to the management plan when determining the maximum number of attendees. He spoke to a concern about the need for a landscape buffer along the south side of the parking lot. He stated he would support the reduction in the parking count by 4 or 5 spaces in order to get more landscaping adjacent to the residence. He believed the proposed banquet room is accessory and incidental. He was concerned about the issue of “materially injurious” and whether or not the proposal will result in this impact. He expressed concerns about the lack of police response. The proposal results in many positive outcomes such as addressing no parking on Sunburst Drive. He believes the proposal complies with the criteria. The Commission discussed with staff several of the suggested changes to the management plan. On page 6 pre-function would be added to the definition, an image should be added to clearly identify where tents will be permitted within the conditional use permit area. Art Alplanalp, raised a concern about the provision of an amended application and whether an amended application existed for public review. George Ruther stated the development application was and has been available for public inspection at the Community Development Department. Sam Maslak stated his confusion around whether or not the attendees will be limited to a number per each room. 6/4/2013 Page 6 There was a question regarding the 160 attendees and whether or not there could be 160 in the defined area and additional in tents out on the site. 2. A request for final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the platted building envelope, located at 1067 Riva Glen Road/Lot 6, Spraddle Creek Estates, and setting forth details in regard thereto. (PEC130011) Applicant: Michael Noell, represented by Mike Foster of Triumph Custom Homes Planner: Warren Campbell ACTION: Table to May 13, 2013 MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 3. A request for a recommendation to the Vail Town Council on the adoption of the 2013 Gerald R. Ford Park Master Plan, an assemblage of the 1985 Ford Park Master Plan, the 1997 Ford Park Management Plan, and the 2012 Ford Park Management Plan Amendment, located at 530, 540, and 580 South Frontage Road East/Unplatted, and setting forth details in regard thereto. (PEC130012) Applicant: Town of Vail Planner: George Ruther ACTION: Table to May 13, 2013 MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 4. A request for the review of a variance from Section 12-6E-8, Density Control, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an increase in dwelling units per acre to facilitate the construction of two single-family residences, located at 1183 and 1191 Casolar Del Norte Drive/Lots 4 and 5, Casolar Vail, and setting forth details in regard thereto. (PEC130010) Applicant: Todger Anderson, represented by Tom Braun Planner: Warren Campbell ACTION: Table to May 13, 2013 MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 5. A request for the review of a variance from Section 12-7B-15, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of additions in excess of the prescribed site coverage; and a request for the review of a major exterior alteration or modification, pursuant to Section 12-7B-7, Exterior Alterations and Modifications, Vail Town Code, to the allow for the construction of additions, located at 225 Wall Street/ Lot B, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130008, PEC130009) Applicant: Wall Street Commercial, LLC, represented by Suman Architects Planner: Warren Campbell ACTION: Table to May 13, 2013 MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 6. Approval of April 8, 2013 minutes MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 7. Information Update 8. Adjournment MOTION: Kurz SECOND: Cartin VOTE: 4-0-0 6/4/2013 Page 7 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published April 19, 2013 in the Vail Daily. 6/4/2013 10. Sunburst Drive ResidentfHomeowner Counsel objection letter to Town Council ­ 18 September 2012 11. Objection Reaffirmations of Objections from Community -12-16 October 2012 12. Sunburst Drive ResidentslHomeowners (13) objection letter to Planning and Environmental Commission -17 October 2012 l3. Vail Golfcourse Townhomes objections e-mail to Department of Community DevelopmentlPlanning and Environmental Commission -October 2012 14. Town Powerpoint Presentation to PEC -22 October and 12 November 2012 (excerpts identifYing expanded area as "event space" and "event patio" or variations) 15. Sunburst Drive ResidentslHomeowners Counsel objection letter to Planning and Environmental Commission -9 November 2012 16. Sunburst Drive ResidentslHomeowners Counsel objection letter to Planning and Environmental Commission -20 November 2012 17. Town Powerpoint Presentation to PEC -14 January 2013 (excerpt changing September and OctoberlNovember identifications of "event space" to 'Banquet Room" and "event patio" to "Banquet Patio") 18. Sunburst Drive ResidentslHomeowners Counsel objection letter to Planning and Environmental Commission with affidavit of appraiser establishing material injury to Sunburst Drive neighborhood and affidavit of Jay Pulis establishing intent of Pulis deed covenant -23 January 2013 19. Community member objections communications to Planning and Environmental Commission -April, 2013 20. Memorandum Inventory of Golf Courses in Eagle County with confirming report of Town of Vail from Powerpoint of22 October and 12 November 2012 21. Petition and Comments of Golfing Community against Town Council proposal with community comments -June 2013 Petition I Vail Town Council: Save #18 at Vail Golf Club I Change .org page 1 or I Petition I Vail Town Council: Save #18 at Vail Golf Club I Change.org Page 2 of7 I 2. Multiply Your Impact Turn your signature into dozens more by sharing this petition and recruiting people you know to sign. YOU YOUR FRIENDS 170 avg. THEIR FRIENDS 10,000 approx. ....... , / cha ge .org Recipient Vail Town Council and Rick Sackbauer Letter : Greetings, Save #18 at Vail Golf Club Signatures Name Location Date Dale Bugby 2013-05-29 Bruce Fraser Avon, CO, United States 2013-05-29 David Sundberg Vail, CO, United States 2013-05-29 Steve Kiene Minturn, CO, United States 2013-05-29 kaye ferry vail, CO, United States 2013-05-29 Nina Kazazian Vail, CO, United States 2013-05-29 Juliana Dahl Vail, CO, United States 2013-05-29 Laura Saxon morriston, FL , United States 2013-05-29 Bob Walsh Vail, CO, United States 2013-05-29 Paul Seidman Vail, CO, United States 2013-05-29 Steven Thompson Vail, CO, United States 2013-05-29 Kristi Cavanagh Vail, CO, United States 2013-05-29 Chris Forbes Vail, CO, United States 2013-05-29 Thomas Conners Vail, CO, United States 2013-05-29 Gary Pesso Vail, CO, United States 2013-05-29 jeff potto vail, CO , United States 2013-05-29 Todd Rash Vail, CO, United States 2013-05-29 Robert Dahl Vail, CO, United States 2013-05-29 Carey Anderson Vail, CO, United States 2013-05-29 Geordy Ogden Vail, CO, United States 2013-05-29 Bill Reisinger Avon, CO, United States 2013-05-29 Steven Teaver Vail, CO, United States 2013-05-29 David Irwin Vail, CO, United States 2013-05-29 Yun Song Vienna, VA, United States 2013-05-29 Diane Sanza Leadville, CO, United States 2013-05-29 eric taylor vail, CO, United States 2013-05-29 Margaret Ogden Vail, CO, United States 2013-05-29 David Goldstein Vail, CO, United States 2013-05-29 Garrett Tatreau Vail, CO, United States 2013-05-29 pati thiele Minturn , CO, United States 2013-05-29 Name Mary Goldstein Debbie Irwin Dan Hoeffel Brad Dohack Debbie Buckley Robert Wilhelm John Farkas John and Susan Gowen michelle clark R Denny ken netzeband patricia farrell Alyne Kaplan Roberto Langenauer Karen spitz Barry Watts Rol Hamelin linda allen Luc Pols Robert Stone Ingegerd Franberg James Gannon Lisa Kazazean Betsy Wiegers Yun Mu Larry Dempsey Michael Charles Jerry Sanza monika rak George Pattee Jeffery Lennerth Greg Parkhurst Location Date Vail, CO, United States 2013-05-29 Vail, CO, United States 2013-05-29 Vail, CO, United States 2013-05-29 Fort Myers, FL, United States 2013-05-29 Avon, CO, United States 2013-05-29 Vail, CO, United States 2013-05-29 Denver, CO, United States 2013-05-29 Denver, CO, United States 2013-05-29 evansville, IN, United States 2013-05-29 Houston, TX, United States 2013-05-29 avon, CO, United States 2013-05-29 Vail, CO, United States 2013-05-29 Vail, CO, United States 2013-05-29 Mexico 2013-05-29 Vail, CO, United States 2013-05-29 Vail, CO, United States 2013-05-29 Vail, CO, United States 2013-05-29 mukwonago, WI, United States 2013-05-29 Vail, CO, United States 2013-05-29 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Mahtomedi, MN, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Denver, CO, United States 2013-05-30 Longmont, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Leadville, CO, United States 2013-05-30 edwards, CO, United States 2013-05-30 Fort Myers, FL, United States 2013-05-30 PIPE CREEK, TX, United States 2013-05-30 Singapore / Vail, 2013-05-30 Name Location Date fernando ogarrio Jayne Renshaw Stephen Connolly Mildred Rojas cheryl Miller Stephen Shapiro Wayne Wright Kathryn Joy Griesinger gary spitz Jen Fritts Sara Newsam Todd Keleske Joan Shires Vince Burkett Abbey Kaplan Justin Kaplan John Stevens Matt Toth Taryn Wright Thomas Vue jacques payen john donovan Will Morefield V Frank Talia Finnegan Mike Spear jeffrey shelton Matt haebler Jessica Deal Billy McMillan Jenny Ricca Robert Boymer Mexico 2013-05-30 Denver, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 vail, CO, United States 2013-05-30 Littleton, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 vail, CO, United States 2013-05-30 Roscoe, I L, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Hollywood, FL, United States 2013-05-30 Gibbsboro, I\JJ, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Mexico 2013-05-30 Vail, CO, United States 2013-05-30 houston, TX, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Edwards, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Avon, CO, United States 2013-05-30 vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Name George Blair Lee and Carol Perrigo Ronald B. Johnson Josef Staufer jonathan staufer William B. Morefield III mark colwell David Magoun Margaret Cottrell Tyler Cherney D Applegate Jean Hall Richard Hall Darrell Rigel Ashlee Rigel Michelle Gratz Darrell Nelson Ellie Manzi Claire McCarney Peter Buckley Lance Lucey jan livergood Gina Russ Carla Svage John Murphy Beth Hollander Mike Block Adam Rigel Eileen Goode Scotty Magoun Steven Chotin MARC GRATZ Location Date Vail, CO, United States 2013-05-30 Reno, NV, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 vail, CO, United States 2013-05-30 Littleton, CO, United States 2013-05-30 Castle Rock, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Prairie Village, KS, United States 2013-05-30 VAil, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Ossining, NY, United States 2013-05-30 Detroit Lakes, MN, United States 2013-05-30 Vail, CO, United States 2013-05-30 Vail, CO, United States 2013-05-30 Avon, CO, United States 2013-05-30 Jacksonville, FL, United States 2013-05-30 avon, CO, United States 2013-05-30 Miami Beach, FL, United States 2013-05-31 North Miami Beach, GA, United States 2013-05-31 Glen Ellyn, IL, United States 2013-05-31 I\JY, NY, United States 2013-05-31 Vail, CO, United States 2013-05-31 Vail, CO, United States 2013-05-31 VAIL, CO, United States 2013-05-31 Denver, CO, United States 2013-05-31 Greenwood Village, CO, United States 2013-05-31 OSSINING, NY, United States 2013-05-31 Name Location Date Bob Essin Vail, CO, United States 2013-05-31 Jason Plante Vail, CO, United States 2013-05-31 John O'Connor Castle Pines, CO, United States 2013-05-31 Ronald J. Snow Lakewood, CO, United States 2013-05-31 Rob Hall Vail, CO, United States 2013-05-31 John Keaveney Littleton, CO, United States 2013-05-31 John Slevin Vail, CO, United States 2013-05-31 Dennis Koller Vail, CO, United States 2013-05-31 Richard Vermillion Vail, CO, United States 2013-05-31 DeDe Dickinson Edwards, CO, United States 2013-05-31 Tony Petruccione Edwards, CO, United States 2013-05-31 Pamela Pattee Fort Myers, FL, United States 2013-05-31 Barbara Schofield Vail, CO, United States 2013-05-31 Allen Tulgan Vail, CO, United States 2013-05-31 Bobbie Ruh Vail, CO, United States 2013-05-31 Jacquie Landt Edwards, CO, United States 2013-06-01 Celeste Block Vail, CO, United States 2013-06-01 Paul Bass Vail, CO, United States 2013-06-01 Jon Dobrin Vail, CO, United States 2013-06-01 Frank McKibben Vail, CO, United States 2013-06-01 Randall Wise Lakewood, CO, United States 2013-06-01 Ellie Caulkins Vail, CO, United States 2013-06-01 Mary Caulkins Vail, CO, United States 2013-06-01 Linda Kazazian Rancho Mirage, CA, United States 2013-06-02 Sue Arford Vail, CO, United States 2013-06-02 Paul Deuth Chicago, IL, United States 2013-06-02 Sande Garton Gypsum, CO, United States 2013-06-02 Pamela Hoeffel Woodbury, MN, United States 2013-06-03 Michael Schwartz Vail, CO, United States 2013-06-03 David Bentley Edwards, CO, United States 2013-06-03 Jeaninne Carty Edwards, CO, United States 2013-06-03 Bob Warner Edwards, CO, United States 2013-06-03 Name Colleen McCarthy Deborah Webster Catalin Panaet Thomas Boyken Claudia Carroll John Nilsson Peter Coulter Joe Henderson Rick Messmer AIMEE BELL Claudia Carroll Claudia Carroll Erin Grade Ellen Krings jeannie mcgill Jeff Meier Jourdan Goldstein David Caulkins Emy Halpert Deborah Dunn Richard Michaux Nancy Knowlton John Dubuque Karla Sjogren John Friestad Kathryn Stuart Michael Halpert Chris Brody Jim Stuart Markus Mueller Glenn Shaw Bill Amass Dan Youngblood Location Date Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Eagle, CO, United States 2013-06-03 VAIL, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Avon, CO, United States 2013-06-03 SCottsdale, AZ, United States 2013-06-03 Avon, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-03 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 vail, CO, United States 2013-06-04 Gypsum, CO, United States 2013-06-04 Columbia, SC, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Greenville, SC, United States 2013-06-04 Eagle, CO, United States 2013-06-04 Denver, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Marietta, GA, United States 2013-06-04 Name Location Date Dana Gordon Laura Frick Krisin Olson Dave Chapin Maury Niebur Bob & Ann Louthan Eustaquio cortina Brad Wyche George Lazarus Steve Booren Henry A. Ittleson shelly lazarus Gretchen Busse Richard Liebhaber KEITH REISINGER Leslie Robertson Bob Zeltman Thomas Breslin Russell Winfield javier fernandez John Lohre Dewey Ogg Gail Reisinger Terry Wheatley William Slick Scott savage Randy Fischer Leonard Busse susan bristol Barry Lynch George Lamb Federico Gaxiola Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Avon, CO, United States 2013-06-04 Greenville, SC, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Val, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Pittsburgh, PA, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Salt Lake City, UT, United States 2013-06-04 Seattle, WA, United States 2013-06-04 portland, OR, United States 2013-06-04 Denver, CO, United States 2013-06-04 vail, CO, United States 2013-06-04 Avon, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Houston, TX, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Vail, CO, United States 2013-06-04 Greenville, SC, United States 2013-06-04 Vail, CO, United States 2013-06-04 Minturn, CO, United States 2013-06-04 Name Location Date roger maurer Vail, CO, United States 2013-06-04 Peter Woods Vail, CO, United States 2013-06-04 Fred Wyman vail, CO, United States 2013-06-04 Vail Valley Suite 310 Warner Professional Building 2 Post Office Box 2800 Vail, Colorado 81658-2800 Telephone: 970.476 .6500 Telecopier: 970.476.4765 Law Office of ARTHUR A. ABPLANALP, JR. L.L.C. www.abplanalplawoffice.com Art@AbplanalpLawOffice.com Fort Collin Suite 260 Historic Miller lock 11 Old Town S are Fort Collins, Colora 0 80524 Telephone : 970.48 .6900 Telecopier: 970.48 .6905 To: Town Council of the Town of Vail From: Arthur A. Abplanalp, Jr. Re: Designated Event Space Within Golf Course Clubhouses in Eagle County Dated: 04 June 2013 Members of the Council: As the Council is aware, I, together with the law finn of Holland and Hart, represent the appellants in the appeal of the Vail Planning and Environmental Commission decision purporting to amend the conditional use permit of the Vail Golf Course clubhouse in a way which would effectively pennit the conversion of that facility and the area around it from a golf clubhouse to an event center. In response to the suggestion which has been offered by the Town of Vail and its planning advisors that the existence of designated and dedicated event, meeting or banquet space is in any way "accessory", "customarily incidental" or "necessary" to a golf course function, as required by the Vail Municipal Code for the conditional use which is proposed in the pending proceeding, I am submitting the following: (a) a specific inventory of any space in golf course clubhouses in proximity to the clubhouses of each golf course in Eagle County; and (b) a copy of the Town's inventory of facilities at golf courses within Eagle County, which was part ofa powerpoint presentation of the Town at a recent meeting of the Planning and Environmental Commission of the Town of Vail. Although the Town's study was related to "Valley-wide Parking", the analysis identifies "Additional Facilities" at each golf course in Eagle County, both public and private. Inventory of designated banqueUevent space apart from convertible restaurant space within golf course clubhouses in Eagle County (east to west) Golf Course Vail Eagle-Vail Beaver Creek Arrowhead Singletree/Sonnenalp Cordillera Valley Course Cordillera Mountain Course Eagle Springs Red Sky Eagle Ranch Adam's Rib- Gypsum Creek Designated banquet/event Source of information space apart from convertible restaurant space and commentary none personal observation none -separate pavilion for personal observation events apart from golf course and residences none Beaver Creek staff member none personal observation and recollection none -separate pavilion for personal observation events apart from golf course and residences none Club member and golfer none Club member and golfer none Adam @ Eagle Spring golf course none -exterior patio Marsha @ Red Sky golf sometimes used as part of course restaurant for events none -separate facility for personal observation events apart from golf course and residences none -restaurant has room Kerry/Joe @ Adam's Rib sometimes used for events golf course none -basement space may Gypsum Town manager be converted for hosting tournaments/small events Valley-wide Parking Course Additional Facilities Eagle Ranch 151 Eagle Vail 120 Gypsum Creek 115 swimming pool, restaurant Adams Rib 123 swimming pool, restaurant Cordillera Valley Club 95 swimming pool, restaurant The Course at Cordillera 78 Cordillera Summit Course 75 Red Sky Ranch (Lower) 96 Red Sky Ranch (Upper) 86 swimming pool, tennis Eagle Springs 84 Arrowhead Golf Club 50* restaurant, tennis facility Vail Golf Club 112 · meeting space, restaurant Eagle County Average 103 excluding Arrowhead Vail PEe Vail Golf Course Club House Project Z . EH ~ R E ~3R.A " IN ............ N -~•.~)"~~ . L.. ~,,.,_~~ \ .• " t r ", I I'n ~TDWNOF ~ George S. Lamb 3130A Booth Falls Court Vail, CO 81657 From: Warren Camcbell To: Warren eamcbell Subject: Clubhouse remodel Date: Thursday, April 18, 2013 1:17:01 PM From: stephen collins [mailto:stcvail@yahoo,com] Sent: Sunday, January 20, 2013 9:13 AM To: CommDev Subject: Clubhouse remodel I am writing this to remind all of you that we voted for the clubhouse to be remodeled, not for the 18th hole to be destroyed. If you people choose to ruin the 18th hole, we, the people of Vail, will do everything possible to see that you lose your jobs!! I think you all should be gone right now anyway I I Stephen Collins Christopher H. Toll, P.C. <R <H ~ Phone 303-290-1637 < OlLAND& ART... ­ Fax 303-975-5300 CToll@hollandhart.com Via E-mail to Kendra Carberrv, Esq. January 23, 2013 Planning and Environmental Conunission of the Town of Vail 75 South Frontage Road West Vail! CO 81657 Re: Vail Golf Course and Event Center/Golf Clubhouse Proposal Members of the Commission: In connection with the Town of Vail's application for a conditional use permit ("CUP"), we represent (or speak on behalf of) the owners of ten properties on Sunburst Drive, adjacent to the Vail Golf Course. At the January 14,2013, PEC meeting, several of you expressed many of the same concerns with the current proposal that the Sunburst Drive community has. This letter will comment on the particular concerns you expressed during that meeting and reemphasizes that many other significant issues still exist. 1. No Viable Solution Exists for the Parking Problems the Town's Application Raises. As was evidenced at the January 14,2013 PEC meeting, no practical parking plan can accommodate the Town's events center. The Town is trying to overdevelop a site that simply does not have the capacity to handle the Town's plans. As a representative of the Town made clear at the January 14 PEC meeting, even now, when weddings and other events occur only 15 times a year, parking and traffic congestion are still problems when the slightest unforeseen wrinkle occurs. The Town is now attempting to raise the number of events to somewhere between 65 and 100 1 at the same time it is trying to increase the size of those events. It is irrational to think it can do so and avoid the traffic and parking problems it is already expenencmg. The Town has proffered a number of parking plans, none of which has been viable. The latest, which the Town claims is feasible, only works by ignoring key realities and assuming In its initial estimates, the Town indicated that the events center would likely host close to 100 events per year. After resistance from tbe commuuity, it revised that number to 65, but the initial estimates were likely more realistic. The Town is hoping to build a premier wedding venue, and that space will attract users< Holland & Hart u.p Attorneys at Law Phon'.' (303)290-1600 Fa>< (303)290,1606 www.hollandhart.com 6380 S< Fiddlers Green Orcle Suite 500 Greenwood Village, CO 80111 Aspen Bimngs Boire Boulder Cars.on Ot'{ Cheyenne Colorad o SprifIQ5 Denver Denver Tech Center Jackson Hole Las Vegas Rl!no Salt lake Oty Santa Fe Washinoton, D.C. I HOLLAND&HART,.. ~ Planning and Environmental Commission of the Town of Vail January 23,2013 Page 2 perfect conditions, and even then it requires elaborate efforts, such as on-site valet parking, off­ site valet parking, and shuttling. But because the Town's plan will stretch the property beyond its capacity, the reality is that any variable will throw the Town's parking plans into chaos. The slightest unexpected event will cause traffic, parking, and safety concerns all along Sunburst Drive. A neighborhood meeting, a group of cyclists looking to use Sunburst Drive, more golfers than expected, families hoping to park near the golf course for an evening stroll along Sunburst-anyone would create a malaise of traffic, safety, and congestion concerns. The TO\vu is asking the PEC to approve its application on the assumption that no other variable will ever occur. It is not a realistic assumption. In sum, the neighborhood was not designed to host what the Town wants. Even if the size of the parking lot were not an issue, the increased traffic would still cause the same safety, congestion, and noise concerns because the Town is trying to fit a commercial enterprise into the heart of a serene residential neighborhood. It simply does not fit. 2. Parking Is Not the Only Issue We reiterate that parking is not the only problem with the Town's plan . The Town's intended uses raise a number of issues, including safety concerns for pedestrians and cyclists along Sunburst Drive, the potential that fire and emergency personnel will not be able to access 51mburst Drive during large events, the Town's inability to enforce crowd control methods, lack of on-site law enforcement, and the Town's discretion to put up tents on the 18th fairway. Our letter of November 20, 2012, explains each of these problems in more detail, and we refer you to it. The bottom line is that the Town is trying to increase the use of a property that simply does not have the capacity. The events center is the wrong project for this parcel of land. Even today, when only 15 events per year occur, members of the 51mburst Neighborhood occasionally must call the police to deal with attendees. When the number of events increases by 6 or 7 fold, and the events themselves swell in size, the problems will mount proportionately. 3. The Town's Plan Violates the Town Code Vail Municipal Code § 12-16-6.B provides that "before granting a conditional use permit," the "planning and environmental commission shall" find "that the proposed location of the use and the conditions lmder which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicin.ity." This language prevents approval of the Town's application for two reasons. First, the proposed location of the use will be detrimental to the public health, safety, or welfare. Members of the Vail community and visitors to the valley routinely use Sunburst Drive J_ HOLLAN o &HART", II1II Planning and Environmental Commission of the Town of Vail January 23,2013 Page 3 for activities such as family walks , family bike rides, cycling , and other outings. If the golf course clubhouse becomes an events center with valet parking, shuttles, and numerous attendees trying to find their own parking along 51mburst Drive, many of those using Sunburst Drive will be put in danger. The road does not have the capacity to handle the increase in traffic the Town proposes. This is especially true when, during the summer months, the events center will likely be in use multiple nights every week. Second, the Town's plan most definitely will be materially injurious to the properties in the vicinity of the events center. Mike Nash, an appraiser with over 20 years of experience in Colorado and Eagle County, has stated that the Town's plan, if approved, would "negatively impact values of existing homes on 51mburst Drive, thereby causing material injury to those homes." Mike Nash Opinion, attached as Exhibit A, at ~ 10. That economic injury alone is reason enough for the PEC to deny the Town's application, but there is also the injury the neighbors will suffer in the use and enjoyment of their property. On most summer nights, instead of the tranquility they enjoy now, those immediately adjacent to the clubhouse will face loud music, the din of mingling and partying guests, and the annoyance of attendees wandering onto their properties (something that already occurs with the smaller and fewer events the clubhouse currently hosts). Those throughout the neighborhood-including residents of the townhomes-will find their current use and enjoyment destroyed by the guttural sounds of shuttles passing in the afternoon and late at night, clogged roads, slower response times by first responders, and the noise that will inevitably arise as attendees (many of whom will have been drinking) shuffle back to their cars or shuttles as late as 2 A.M. The Sunburst Neighborhood was not built for this kind of operation . Those who developed it meant it to be a quiet, residential community lining a golf course, with narrow roads and almost no shoulders . See Jay Pulis Affidavit, attached as Exhibit B . Because they designed it that way, there is no way the Town can create a commercial enterprise in the heart of it without risking safety and public health and without materially injuring properties in the vicinity. 4. The Town's Plan Violates the Zoning Regulations Section 12-8B-3 of the Municipal Code penuits as "accessory uses" in the Outdoor Recreation zone district, "[a]ccessory buildings (penuanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses , and necessary for the operation thereof, including restrooms , drinking fountains, bleachers, concessions, storage buildings, and similar uses." Under this provision, to qualify as an "accessory building" or "accessory use," the structure or use must be (l) customarily incidental and accessory to permitted or conditional outdoor recreational uses, and (2) necessary for the operation thereof. What the Town is proposing is neither customary nor incidental. First, at the last PEC meeting, several commissioners suggested that many golf course clubhouses have banquet halls. This is not true. Most golf course clubhouses, like the current clubhouse, have golfers' grills­ HOLLAN D & HART,.I11III Planning and Environmental Conunission of the Town of Vail January 23,2013 Page 4 one dining area for those using the course to eat and relax before or after their round. Almost no clubhouses have a golfers' grill, as well as a separate banquet hall complete with a bridal room, banquet patio, and banquet garden area. That design is Wlique to the Town's proposal and thus violates § 12-SB-3. There currently is no banquet room at the clubhouse. Rather, there is an eating space that serves as a golfers' grill and, on rare occasions (just 15 times per year), acts as a dining space for other events. Second, the proposed banquet facilities, including all the outdoor space, are not incidental to the permitted use of a golf course. Because commercial business, wedding, and other parties will often book the events center years in advance , the Town's plans will necessarily crowd the golfers out of their own clubhouse. No doubt groups will schedule non-golfing events at the clubhouse a year or even two years in advance. When the golfers decide to schedule a tournament or other event, they will find they cannot because it will already be booked. As a result, the "accessory" use of the events center will become the primary use, and the golfers will need to find another venue for their golfing events. This is especially troublesome when the amount of revenue generated by the golf course dwarfs that predicted to stem from the wedding venue. Likewise, the proposed event center is not "necessary for the operation" of approved uses such as golfing and Nordic activities. If the event center has no relationship to the permitted or conditional outdoor recreational uses, then it certainly cannot be necessary for their operation . While a golfers' grill is arguably necessary for the operation of a golf clubhouse, two dining areas are not. If the Town were to keep the golfers' grill and remove the banquet space from its plans, the golfing and Nordic uses of the clubhouse would continue Wlimpeded. The banquet space is therefore unnecessary for the operation of the golfing and Nordic activities . Accordingly, the PEC should reject the Town's application. In sum, the proposed event center fails to satisfy either of the two tests for a conditional use as an accessory building for use in the Outdoor Recreation zone district. 5. Conclusion For the foregoing reasons, the PEC should reject the Town's application for a conditional use permit for an event center and subordinate clubhouse at the Vail Golf Course. At its January 14,2013 meeting, the PEC acknowledged a number of concerns with the To\vn's proposal. The Town has failed to address those concerns, mostly because it cannot. They are inherent in the Town 'sevent center proposal. As long as the Town insists on turning a golf course clubhouse in a residential neighborhood into a large event center, the PEC should deny its application for a conditional use pennit. Planning and Environmental Commission of the Town of VailHOllAND&HART" I'll November 20,2012 THE 1_ 1\'11 OUT WEST Page 4 space. And there is no stated limit on the total number of people who may be present, whether event attendees or SUppOlt staff. There may be 2-3 times as many people on the premises as the parking plan contemplates . IV. Solving problems· as they arise through the Management and Operations Plan is an untenable solution. The Town insists that the proper time to deal with problems is when they arise, through the Management and Operations Plan ("MOP"). But the MOP has mUltiple defects, the most important of which is that it fails to deal with problems now. The MOP seems to assume that, rather than taking action to avoid future problems, concemed citizens should remain silent until a problem arises, then try to solve it through the provisions in the MOP. But many of the issues the citizens have identified cannot be resolved once the Town builds the proposed event center. They are fundamental problems intrinsic to the proposed use, and they will continue for an extended time, with everyone-neighbors, event attendees, and golfers alike-suffering the consequences. If the proposed use goes forward, no one will be able to resolve the problems through the MOP. Only a new, better-planned proposal can do that. The PEC has identified other issues with the MOP, such as provisions for (I) a liaison with the neighborhood, (2) supervision of event attendees and traffic, and (3) enforcement of various use limitations. The proposed neighborhood liaison is an unnecessary link in the chain of communication . If any variation of the proposal were to go forward, and a mem ber of the neighborhood were to have an issue, he or she should be able to contact directly the person who is in control of the function and facility and who could resolve the issue, rather than having to work through an intermediary. Regarding supervision and law enforcement, unless law enforcement officials are present at every event, there will be no effective law enforcement. Most safety and other concerns will arise and do their damage long before law enforcement can arrive. Moreover, the parking congestion will make it very difficult for first responders to arrive and do their jobs effectively. Finally, the MOP has too many exceptions and allows the Town too much discretion. The MOP says that special use permits can be granted for particular events providing waivers from certain limits that would otherwise apply, but it is the Town itse({that would grant such waivers. Thus, as a practical matter the limits that the MOP purports to impose-on such matters as parking and the use of tents-are not limits at all. Once the Town implements its proposal, the MOP is not strong enough to ensure the Town will honor the commitments it appears to make. Law Office of ARTHUR A. ABPLANALP, JR. L.L.C. www.abplanalplawoffice.com Art@AbplanalpLawOffice.com Vail Valley Suite 310 Fort Colllps Suite 26b Warner Professional Building 2 Historic Mille Block Post Office Box 2800 11 Old Town Quare Vail, Colorado 81658-2800 Fort Collins, Colo ado 80524 Telephone: 970.476.6500 Telephone: 970. 82.6900 Telecopier: 970.476.4765 9 November 2012 Telecopier: 970. 82.6905 Planning and Environmental Commission of the Town of Vail 75 South Frontage Road West Vail CO Via E-mail and Hand Delivery Re: Vail Golf Course and GolfClubhouselEvent Center Proposal Members of the Commission: As the Planning and Environmental Commission is probably aware, this Office and I represent or are authorized to express the objections of the owners and residents often properties on Sunburst Drive, adjacent to the 18th hole of the Vail Golf Course, in connection with three pending applications now before the Planning and Environmental Commission. The list of those property owners and families, and a map identifying their properties, is attached to this letter. The followmg analysis expresses most, but not necessarily ali, of the concerns and objections of the owners and residents of the properties referred to above: Matters under Consideration 1. Zone District Amendment -Those on whose behalf I speak have no objection to the zone district amendment. 2. Zone Text Amendment -Those on whose behalf I speak have no objection to the zoning text amendment, provided that the proposed 33-foot maximum height is, in fact, the maximum height, and that architectural features such as towers are not permitted to exceed that height. 3. Conditional Use Permit- Everyone wishes to have a renovated golf course clubhouse, consistent with the representations of the Vail ToWn Council and Town Manager in developing the ballot language relating to the use of convention center funds for that purpose in August, 2011. 1 The Council's description of the project prior to the convention fund election was specific in that the renovated clubhouse was to be within the footprint of the existing clubhouse. Any intent to destroy any part of the 18th fairway or to use of any part of the 18th fairway for an event center appropriating a significant part of the golf course was not publicized in connection with the development of the ballot question and did not receive voter or community approval. It is largely that departure from the Council's commitment which has generated this controversy and the litigation in which everyone is involved today. Relationship to Existing Conditional Use Permit The current application is characterized as an amendment to a 1986 conditional use permit for a clubhouse, which would permit improvement of the clubhouse. Characterizing the project as a "clubhouse" is an attempt to achieve authorization of the project as an "accessory use" in the Outdoor Recreation zone district, as though it were related to a golf course. Notwithstanding the Town's "clubhouse" characterization, the proposed structure and uses of adjacent property would comprise an profit-oriented event complex which has no relationship to a golf clubhouse and which is not an accessory use to a golf course. To the best of our knowledge, no other public or semi-public golf course in Eagle County has an event center as part of a clubhouse structure, although several communities, such as Eagle-Vail, Singletree, and Eagle Ranch have event centers at different locations, similar to the Donovan Pavilion. The proposed project calls for the creation of a facility which can be called a mini­ convention center, which the Vail voters disapproved in 2005, or it can be called an event center, The one thing which it cannot legitimately be called is a clubhouse. It both appears to be and would function more like the Air Force Academy chapel than a golf clubhouse. Calling the Air Force Academy chapel a "clubhouse" doesn't make it a clubhouse, any more than calling an aircraft carrier a "clubhouse" makes that vessel a clubhouse. So it is with this proposed building. With reference to whether the proposed project is an "accessory use", the Municipal Code defines an accessory use as "a use or activity that is subordinate or incidental to a permitted or conditional use". The space related to golf functions in the proposed structure, such as the pro shop and the locker room, represents a small fraction of the total floor area of the proposed structure. The land area which is proposed for designation as event space greatly exceeds the area adjacent to the clubhouse which is to be golf-related. A mini-convention center or events center of the nature which is proposed (including both interior and exterior features) is in no way "subordinate or incidental to a permitted or conditional use", and it is not eligible for a . conditional use permit in the Outdoor Recreation zone district. The Town of Vail land use regulations do not authorize the proposed project as an accessory use, and the PEC must deny the request for the proposed conditional use. 2 Responses of the Community The Town of Vail has been provided with copies of the June-July correspondence from the golfing community and has additional later communications, particularly from the property owners and residents of the Sunburst neighborhood (both Sunburst Drive and Vail Golfcourse Townhouse Associations). These communications identitY objections, issues and actions required to eliminate or mitigate threats to the neighborhood. All of these comments are to be included in the record of these proceedings. This material specifically includes but is not limited to various letters from Sunburst Drive property owners which have been sent to the Town during recent months and specifically a letter from the Sunburst Drive Homeowners to the PEC dated and received by the Town of Vail on the 17th day of October, 2012. If the PEC chooses to proceed with consideration of this project and actually takes action approving it, then it must consider the vast range of objections to the proposal. The June-July input from the community brought objections from more than eighty members of the golfing community and neighborhood, and only four responses in support, making it clear that this project was unacceptable. More recently, the Vail Recreation District indicated, in response to a reference to the June-July communications, that those in the golfing community who had previously objected had reversed their position and that there were only a couple of golfers who objected. This is simply not true. I contacted those in the golfing community who had previously objected and asked whether they had changed their positions. None of the previous objectors indicated that he or she had changed positions. Indeed, approximately half of those who previously objectedtook the trouble to reconfirm their previous objections. There is no evidence that anyone who previously objected to the proposed project has changed his or her position. Neither has there been any change in position in the Sunburst neighborhood. In fact, within recent weeks, upon being made aware of the pending threat, the residents and property owners of the Vail Golfcourse Townhomes have objected as well .. No one favors this proposal except a majority of the Town Council and the Vail Marketing Board, both of whom view it as a revenue generator. Ifthe ToWn had an application for a project like this from a private party determined to destroy a neighborhood based upon a profit motive, it would never make it past conceptual review. The PEC should hold this application to the same standard as any other application and deny it promptly and finally. Requirements Established by the Municipal Code The Vail Municipal Code has criteria upon which the decision of the PEC is to be based, but it is important to note that the entire process itself has been flawed. Although the Town filed applications for three actions (zone district amendment, zoning text change amendment and conditional use permit) on the 24th of September, 2012, those applications were incomplete and failed to satisfy applicable regulations, at best. 3 Only the application for the zone district amendment was clear. The property which serves as a parking lot is to be changed to Outdoor Recreation. That proposal has met with no objection. The application for the zoning text change amendment was more of a reference to a possible discussion of alternative proposals to address a challenge presented by the design ofthe proposed event center, dealing with three alternatives which might be requested for consideration. Only after more that a month of processing was a decision made on the manner in which the matter would be presented for consideration. The application for a conditional use permit was incomplete when flied and has represented a moving target since the beginning of the process. The application conflicts both internally and with the governing provisions of the Municipal Code. With reference to notice of the PEC hearing process, that notice was circulated to the neighborhood after the initial application, when the only certainty related to the zone district amendment. Only through monitoring the progress of the matter could anyone be aware of the possibility that a real hearing would occur at some time after the initial conceptual consideration, and most recently access to the evolution of the process has been denied by litigation counsel to the Town of Vail. When the PEC decides that there is a complete and final application upon which a hearing can be conducted, proper notices should be circulated and published, reasonable opportunity should be provided to review the final proposal, and a hearing should be publicly announced and conducted based upon those proper notices and the availability of information. Criteria Under the Municipal Code The Municipal Code establishes criteria for the granting or denial of a proposed conditional use permit, or a significant amendment to an existing conditional use permit. The PEC is required by 12-16-10 of the Municipal Code to review the proposal in accordance with the provisions for a newly initiated application for a conditional use permit generally. That process requires a review of the criteria applicable to an original conditional use permit. As identified by the Town staff and the Municipal Code, the criteria for determining whether a conditional use permit should be granted, and the accurate analysis (differing significantly from the analysis offered to the PEC by the Town), are the following: 1. The precise nature of the proposed use and measures proposed to make the use compatible with other properties in the vicinity. The current golf course clubhouse is a golfing facility with a restaurant and attached space which occasionally serves to 120 people. The Town's proposed event center is designed to accommodate 200 people in its interior event space in addition to golf traffic, and the Town intends to convert part of a golf course into an exterior and adjoining event center, for use 100 times each year. It is 4 the Town's apparent position that this activity constitutes no change in use. The use of part of the current 18th fairway and the use of tents which can be permitted by the Town would increase the numbers by several hundred, bringing the total number present to at least 500 people. No reasonable person could agree with an analysis which indicates that such uses are comparable to the existing use or are compatible with a residential neighborhood. The proposed changes in use will prevent the owners and residents of residences in the neighborhood from being able to use those residences in the way any residential property owner is entitled to expect, and the associated destruction of part of the golf course eliminates entirely an amenity which the Town agreed to respect and maintain, under what is referred to as the "Pulis covenant" (part of the attached deed) when it acquired the property almost thirty years ago. There are no measures which can be established to make the proposed use compatible with other properties in the vicinity. 2. Relationship and impact of the use on development objectives of the Town. The Town took steps to reallocate conference center funds for expenditure on this and two other projects, but the representation made by the Town Council and Manager in order to obtain community consent to the reallocation of those funds was that the clubhouse would be renovated within the footprint of the existing building. There was no suggestion that the project would involve the conversion of the clubhouse to an event center with a de m;n;rnus golf facility or the expansion of exterior event facilities necessitating the destruction of part of the golf course. 3. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other Dublic facilities and public facilities needs. Contrary to the Town's assertion that some of these considerations will experience improvement, the light and noise from the proposed facility will be a factor in making the neighborhood difficult to inhabit, and the golf recreation facility which has existed for more than forty years will be severely impacted. The congestion which will be associated with group events numbering 200 people on a regular basis and 500 people when the Town decides to permit that to happen, in addition to 90 vehicles from golf traffic (according to the Town's analysis) will render the Town unable to effectively provide for :fire and other safety protection. 4. Effect upon traffic, with particular reference to con2:estion, automotive and pedestrian safety and convenience. traffic flow and control. access, maneuverability. and removal of snow from the streets and parking areas. It seems to be the Town's position that the change in use from occasional events for a maximum of 120 people to 100 events per year (at least three to four a week during high seasons) for 200-500 people will create no issue regardmg congestion, automotive and pedestrian safety and convenience, traffic flow and control. The Town's conclusion has not objective support and defies logic. The location is served by a narrow road which even during a neighborhood meeting conducted 5 Sunburst Drive Homeowners represented by or on whose behalf the foregoing objections and comments are submitted 1785 Sunburst Drive -Cocomodo Investments LP (Olson family) -unplatted 1801-A Sunburst Drive -Hilliard, Glenn -Lot 2A, Vail Valley 3rd Filing 1801-B Sunburst Drive -Chapman, Lee and Sandra -Lot 2B,Vail Valley 3rd Filin~ 1815 Sunburst Drive -Starfue Co. Ltd. (Gonzalez family) -Lot 3, Vail Valley 3rd Filing 1825 Sunburst Drive -Webster, Deborah -Lot 4, Vail Valley 3rd Filing 1835 Sunburst Drive -1835 Sunburst Drive, LLC (Chotin family) -Lot 5,Vail Valley 3rd Filing 1875 Sunburst Drive -Callahan, Richard and Celeste -Lot 7, Vail Valley 3rd Filing 1979 Sunburst Drive -Maslak, Samuel and Luleta -Lot 12, Vail Valley 3rd Filing 1999 Sunburst Drive -Knowlton, Richard and Nancy -Lot 14,Vail Valley 3rd Filing 2049 Sunburst Drive -Hilliard, Landon -Lot lA, Vail Valley 4th Filing 9 Code Amendment-~uilding Height Code Amendment-Building Height __' PR.\lfQSEPSLOfiij~R odr . :TH£42~'"0' MAlC ATJHERIOR ,," HflGliT 'Si lf,Ll NaT EXC EED ' ---i,'SLO' MAX lIT INTER lOll'Cl;llltl'il -;"" --­;.' TlJlr<TYTt;rm;F~f.1TC33'-~ " C1i1W!G "i .~W rio 4 m &4 ' \p $)£; .m @ Bill Gibson From: Lynne Campbell on behalf of CommDev Sent: Wednesday, October 24, 2012 3:35 PM To: Bill Gi bson Subject: FW: Golf Course Renovations unit 20 From: Malia Cox Nobrega [mailto:malia@crossroadsvail.com] Sent: Wednesday, October 24,20122:13 PM To: Council Dist List; CommDev Cc: Cynthia Scott Subject: Fwd: Golf Course Renovations unit 20 Please see the letter from the owner of Vail Golfcourse Townhomes unit 20 below. Thank you. ----------Forwarded message ---------­ From: cynthia scott <scottmahaffyclan@gmail.com> Date: Wed, Oct 24,2012 at 1 :01 PM Subject: Re: Golf Course Renovations To: Malia Cox Nobrega <malia@crossroadsvail.com> Cc: commdev@vailgov.com, Alberto Abed <f1ymex042752@aol.com>, Alexander Bracken <alexander.bracken@cusys.edu>, 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 <ma~in.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 <lynniebabe@,earthlink.net>, David Zinn <ahhso@aol.com>, "Earl 1. Rusnak, Jr." <ERUSNAK@Qarrisassoc.com>, George Hallenbeck <george@hallenbeck.com>, Helen & Morris Ginsburg <morrisginsburg@mindspring.com>, James & Elaine Lunney <JLWUley@wealthstratgroup.com>, Jean Gordo <JMG412@aol.com>, 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@nexxuscapital.com>, Manuel Girault <manuel.girault@avemex.com.mx>, Michael & Valerie Katz <mkatz@mkreg .com>, "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@,botmail.com>, Robert Trotta <bob@resort.co.uk>, "Robert W. Geyer" <rwgever@sunsetautogroup.com>, "Sergio 1. and Sara Armella" <sergio armella@cyvsa .com>, Spencer SwaIm <sswalm@twgservices.com>, Steve & Brigid Wilkening <BrigidWilkening@aol.com>, Susan Townsend <drsusantownsend@gmail.com>, 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" <veinsonlinel (Q)yahoo.com>, Lyn Batcheller <batch.joe(@gmail.com>, Manuel Orvananos <maneorva@prodigy.net.mx>, "Marc Lippitt Mr. Scott Shwayder" <mlippitt@unigueprop.com>, "Michael S. Barish" <mbarish@cambiar.com>, "Philip L. Bernstein" <pbernstein@jacobstern.com> Thank you Alyne, for your comprehensive letter. You address many of my concerns also. We are thrilled about the much needed renovation of the GolfINordic Clubhouse. And, I too, am grateful for the decision to keep the zoning out of "general use." Many thanks for hearing us on this. We have owned Unit 20 for 12 years and have enjoyed the quiet feeling of our home away from home as well as the easy access to the bus stop for heading into town to ski and enjoy the festive hustle and bustle of Vail. We have raised 4 kids here and greatly appreciate the neighborhood feeling and especially the slow speed limits on the often slippery winter crossing of Sunburst Drive to the bus stop. The bus is often VERY full already with all the skiers who park in the golf club parking lot and overflow onto the streets. We also use the Nordic Center and ski track often in the winter and always walk along Sunburst to get there . I have also notice that the summer bike traffic is heavy and increasing already. We are a part of this and use our bikes almost exclusively when we are in town in the summer. I worry that we could have a problem with anything that would further increase the traffic on Sunburst. Certainly, the appeal of the neighborhood would diminish greatly with more cars. I will also add that I have never noticed a problem with errant golf balls at all at our home. I hope that we can somehow avoid the costly litigation process and use that money in other more productive ways. Thank you for listening! Sincerely, Cynthia Mahaffy Scott and Peter Scott Unit 20 On Mon, Oct 22, 2012 at 8:35AM, Malia Cox Nobrega <malia@crossroadsvail.com> wrote: 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 ollgoing project plans at the Vail Golf Course l area. 2 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 appropriat 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 th 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 i quiet and out of the "hustle and bustle" of the main Vail area . It feels a bit like the reasons for our I 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 w 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 3 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." 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 \b1ia Cox Nobrega Cn1ssroads R\:!ally Ltd malia@crossroadsvail.com www.searchvailmls.com 970-476-4300onicl' 970-977-1041 cellular 970-479-9534 fax 4 Cynthia Y. Scott 303-517-5117 Malia Cox Nobrega Crossroads Realty Ltd malia@crossroadsvail.com www.searchvailmls.com 970-476-4300 office 970-977-1041 cellular 970-479-9534 fax 5 Bill Gibson From: Lynne Campbell on beha lf of CommDev Sent: Wednesday, October 24, 2012 3:33 PM To: Bill Gibson Subject: FW: Golf Course Renovations From: cynthia scott [mailto:scottmahaffycJan@gmail.com] Sent: Wednesday, October 24, 2012 1:01 PM To: Malia Cox Nobrega Cc: CommDev; Alberto Abed; Alexander Bracken; Enrique R Miranda Paz; Eric Balzer; James F. Tiampo; Jose Lanzagorta i Juan M Garcia; Marvin Heln; Michael Grlffinger; Waldo F. Geiger; Abbey & Alyne Kaplan; Bernard Minkow; Bob Rule; Brooks and Linda lug; Dave and Lynne Creager; David linn; Earl J. Rusnak, Jr.; George Hallenbeck; Helen & Morris Ginsburg; James & Elaine Lunney; Jean Gordon; Jean Hall; Jeff & Adele Stalder; John & Penny Terhar; John and Susan Gowen; John L. Griebling; Jorge Conseco; Jorge Dunand; Leonard J. & Laura Berlik; Luis Harvey; 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 Kivland; Brian Barish; Curtis and Krls Olson; Dennis Scioli; Donald Ferlic; Dunvll Properties LLC; Harry Stephenson; Kevin Murphy; Lee G. Schulman; Lyn Batcheller; Manuel Orvananos; Marc Lippitt Mr. Scott Shwayder; Michael S. Barish; Philip L. Bernstein Subject: Re: Golf Course Renovations Thank you Alyne, for your comprehensive letter. You address many of my concerns also . We are thrilled about the much needed renovation of the GolflNordic Clubhouse. And, I too, am grateful for the decision to keep the zoning out of"general use." Many thanks for hearing us on this. We have owned Unit 20 for 12 years and have enjoyed the quiet feeling of our home away from home as well as the easy access to the bus stop for heading into town to ski and enjoy the festive hustle and bustle of Vail. We have raised 4 kids here and greatly appreciate the neighborhood feeling and especially the slow speed limits on the often slippery winter crossing of Sunburst Drive to the bus stop. The bus is often VERY full already with all the skiers who park in the golf club parking lot and overflow onto the streets. We also use the Nordic Center and ski track often in the winter and always walk along Sunburst to get there. I have also notice that the swnmer bike traffic is heavy and increasing already. We are a part of this and use our bikes almost exclusively when we are in town in the swnmer. I worry that we could have a problem with anything that would further increase the traffic on Sunburst. Certainly, the appeal of the neighborhood would diminish greatly with more cars. I will also add that I have never not iced a problem with errant golf balls at all at our home. I hope that we can somehow avoid the costly litigation process and use that money in other more productive ways . Thank you for listening! Sincerely, Cynthia Mahaffy Scott and Peter Scott Unit 20 On Mon, Oct 22,2012 at 8:35 AM, Malia Cox Nobrega <malia@,crossroadsvail.com> wrote : 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 Renovat ions . Thank you I am the owner of Unit 55 at the Vail Golf Course Townhomes. My husband and I have owned our th is 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 appropriat 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 th l summer there are numerous bikers, including man: small children riding to the connecting bike path I 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 w 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." 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 j ust 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 manqger 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, 3 Alyne Kaplan \tt l ia Co;.; N~)brcg::l Crossro,lds Realty Ltti rnalia@erossroadsvail.eorn 'Nww.searehvailmls.eorn 970-476-4300 office 970-977-1041 cellular 970-479-9534 fa;.; Cynthia Y. Scott 303-517-5117 4 Bill Gibson From: David Rhoades on behalf of CommDev Sent: Monday, October 22, 2012 3:37 PM To: Bill Gibson Subject: FW: Golf Course Renovations From: Malia Cox Nobrega [mailto:malia@crossroadsvail,com] Sent: Monday, October 22, 2012 2:25 PM To: CommDev; Coundl Dist List Cc: Enrique R Miranda Paz Subject: Fwd: Golf Course Renovations Please see the below email from Enrique Miranda from Vail Golfcourse Townhome Unit 19. ----------Forwarded message ---------­ From: Enrique R Miranda Paz <emiranda@miranda.com.mx> Date: Mon, Oct 22, 2012 at 12:29 PM Subject: Re: Golf Course Renovations To: Eric Balzer <Eric.Balzer@ramtron.com> Cc: Michael Katz <mkatz@mkreg.com>, "malia@crossroadsvail.com" <malia@crossroadsvail.com>, "commdev@vailgov.com" <commdev@vailgov.com>, "flymex042752@aol.com" <flymex042752@aol.com>, "alexander.bracken@cusys.edu" <alexander. bracken@cusys.edu>, "scottmahaffyc1an@gmail.com" <scottmahaffyclan@gmail.com>, "jtiampo@mbaI987.hbs.edu" <jtiampo@mba1987.hbs.edu>, "jose.lanzagorta@avemex.com.mx" <jose.lanzagorta@avemex.com.mx>, "aquevedo@notaria55.com" <aquevedo@notaria55.com>, "marvin.c.hein@gmail.com" <marvin .c.hein@gmail.com>, "griffinger@gibbonslaw .com" <griffinger@gibbonslaw.com>, "wallygeiger@prodigy.net" <wallygeiger@prodigy .net>, "awk3569@gmail.com" <awk3569@gmail.com>, "bminkow@mac.com" <bminkow@mac .com>, "bobrule@hotmail.com" <bobrule@hotmail.com>, "bzug@harbourvest.com" <bzug@harbourvest.com>, "lynniebabe@earthlink.net" <lynniebabe@earthlink.net>, "ahhso@aol.com" <ahhso@aol.com>, "ERUSNAK@harrisassoc.com" <ERUSNAK@harrisassoc.com>, "george@hallenbeck.com" <george@hallenbeck.com>, "morrisginsburg@mindspring.com" <morrisginsburg@mindspring.com>, "JLunney@wealthstratgroup.com" <JLunney@wealthstratgroup.com>, "JMG412@aol.com" <JMG412@aol.com>, "DANDJHALL@aol.com" <DANDJHALL@aol.com>, "j stalder@fsf-law.com" <j stalder@fsf-law.com>, "jterhar@sthmotors.com" <jterhar@sthmotors.com>, "j gowen@lgi .com" <j gowen@lgi.com>, "ngriebling@comcast.net" <ngriebling@comcast.net>, "jecanseco@sbcglobal.net" <jecanseco@sbcglobal.net>, "gdunand@ferrioni.com" <gdunand@ferrioni.com>, "ljb59@verizon .net" <ljb59@verizon .net>, "lharvey@nexxuscapital.com" <lharvey@nexxuscapital.com>, "manuel.girau1t@avemex.com.mx" <manuel.girault@avemex.com.mx> We owns unit 19 at The Golf Course and we agree with the below mails. Mirathi SA de CV Sent from my iPhone On 2211 0/20 12, at 11 :49, Eric Balzer <Eric.Balzer@RAMTRON.com> wrote: 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@mkreq.com] Sent: Monday, October 22, 2012 8:59 AM To: malia@crossroadsvall.com; commdev@vailgov.com Cc: flymex042752@aol.com; alexander.bracken@cusys.edu; scottmahaffyclan@qmail.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; Iynniebabe@earthlink.net; ahhso@aol.com; ERUSNAK@harrisassoc.com; george@hailenbeck.com; morrisginsburg@mindspring.com; JLunney@wealthstratgroup.com; JMG412@aol.com; DANDJHALL@aol.com; j stalder@fsf-Iaw.com; jterhar@sthmotors.com; jgowen@lqi.com; ngriebllnq@comcast.net; lecanseco@sbcglobal.net; qdunand@ferrioni.com; Ijb59@verizon.net; Iharvey@nexxuscapital.com; manuel.qirault@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 From: Malia Cox Nobrega [mailto:malia@crossroadsvail.com] Sent: Monday, October 22, 2012 09:35 AM Central Standard Time To: commdev@vailgoy.com <commdev@vailgov.com> Cc: Alberto Abed <flymex042752@aol.com>; Alexander Bracken <alexander.bracken@cusys .edu>; Cynthia Scott <scottmahaffyclan@gmail.com>; 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 <aquevedo@notaria55.com>; Marvin Hein <marvin .c.hein@gmail.com>; Michael Griffinger <griffinger@glbbonslaw.com>; Waldo F. Geiger <wallygelqer@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@aol.com>; Earl J. Rusnak, Jr. <ERUSNAK@harrisassoc.com>; George Hallenbeck <georqe@hallenbeck.com>; Helen & Morris Ginsburg <morrisqinsburg@mindspring.com>; James & Elaine Lunney <JLunney@wealthstratqroup.com>; Jean Gordon <JMG412@aol.com>; Jean Hail <OANOJHALL@aol.com>; Jeff & Adele Stalder <; stalder@fsf-Iaw.com>; John & Penny Terhar <jterhar@sthmotors.com>; John and Susan Gowen <jgowen@lgi,com>; John L. Griebling 2 <ngriebling@comcast.net>; Jorge Conseco <jecanseco@sbcglobal.net>; Jorge Dunand <gdunand@ferrionLcom>; Leonard J. & Laura Berlik <ljb59@verizon.net>; Luis Harvey <lharvey@nexxuscaDital.com>; 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@sunsetautogrouD.com>; Sergio J. and Sara Armella <sergio armella@cwsa.com>; Spencer Swaim <S5walm@twgservices.com>; Steve & Brigid Wilkening <BrigidWilkening@aol.com>; Susan Townsend <drsusantownsend@gmaiLcom>; 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.D.murphy@comcast.net>; Lee G. Schulman <veinsonlinel@yahoo.com>j Lyn Batcheller <batch.j oe@qmail.com>; Manuel Orvananos <maneorva@prodiqy.net.mx>; Marc Lippitt Mr. Scott Shwayder <mlippitt@uniqueprop.com>i Michael S. Barish <mbarish@cambiar.com>; Philip L. Bernstein <pbernstein@jacobstern.com> Subject: Fwd: Golf Course Renovations Please see the below email from one ofthe 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 has changed its plans from trying to rezone to general 3 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 4 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 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, 5 Alyne Kaplan Malia Cox Nobrega Crossroads Realty Ltd mal ia{a{crossroads vail. com www.searchvailmls.com 970-476-4300 office 970-977-1041 cellular 970-479-9534 fax Malia Cox Nobrega Crossroads Realty Ltd malia@crossroadsvail.com www.searchvailmls.com 970-476-4300 office 970-977-1041 cellular 970-479-9534 fax 6 Bill Gibson From: David Rhoades on behalf of CommDev Sent: Monday, October 22, 2012 3:37 PM To: Bill Gibson Subject: FW: Golf Course Renovations From: Malia Cox Nobregq [mailto:malia@crossroadsvail.com] Sent: Monday, October 22, 20122:26 PM To: CommDev; Council Dist List Cc: Enrique R Miranda Paz Subject: Fwd: Golf Course Renovations Please see the below email from Enrique Miranda from Vail Golfcourse Townhome Unit 19. ----------Forwarded message ---------­ From: Enrique R Miranda Paz <emiranda@miranda.com.mx> Date: Mon, Oct 22,2012 at 12:29 PM SUbject: Re: Golf Course Renovations To: Eric Balzer <Eric.Balzer@ramtron.com> Cc: Michael Katz <mkatz@mkreg.com>, "malia@crossroadsvail.com" <malia@crossroadsvail.com>, "commdev@vailgov.com" <commdev@vailgov.com>, "flymex042752@aol.com" <flymex042752@aol.com>, "alexander. bracken@cusys.edu" <alexander. bracken@cusys.edu>, "scottmahaffycl an@gmail.com" <scottmahaffyclania),gmail.com>, "jtiampo@mba1987.hbs.edu" <jtiampo@mba1987.hbs.edu>, "jose.lanzagorta@avemex.com.mx" <jose.lanzagorta@avemex.com.mx>, "aquevedo@notaria55.com" <aquevedo@notaria5 5 .com>, "marvin.c.hein@gmail.com" <marvin.c.hein@gmail.com>, "griffinger@gibbonslaw.com" <griffinger@gibbonslaw.com>, "wallygeiger@prodigy.net" <wallygeiger@prodigy.net>, "awk3569@gmail.com" <awk3569@gmail.com>, "bminkow@mac.com" <bminkow@mac.com>, "bo brule@hotmail.com" <bobrule@hotmail.com>, "bzug@harbourvest.com" <bzug@harbourvest.com>, "lynniebabe@earthlink.net" <lynniebabe@earthlink.net>, "ahhso@aol.com" <ahhso@aol.com>, "ERUSNAK@harrisassoc.com" <ERUSNAK@harrisassoc.com>, "george@hallenbeck.com" <george@hallenbeck.com>, "morrisginsburg@mindspring.com" <morrisginsburg@mindspring.com>, "JLunney@wealthstratgroup.com" <JLunney@wealthstratgroup.com>, "JMG412@aol.com" <JM G412@aol.com>, "DANDJHALL@aol.com" <DANDJHALL@aol.com>, "j stalder@fsf-law.com" <j stalder@fsf-law.com>, "jterhar@sthmotors.com" <jterhar@sthmotors.com>, "j gowen@lgi.com" <j gowen@lgi.com>, "ngriebling@comcast.net" <ngriebling@comcast.net>, "j ecanseco@sbcglobal.net" <j ecanseco@sbcglobal.net>, "gdunand@ferrioni .com" <gdunand@ferrioni.com>, "I jb5 9ia),verizon.net" <Ij b59@verizon.net>, "Iharvey@nexxuscapital.com" <I harvey@nexxuscapital.com>, "manuel.girault@avemex.com.mx" <manuel.girault@avemex.com.mx> We owns unit 19 at The Golf Course and we agree with the below mails. Mirathi SA de CV Sent from my iPhone On 22110/2012, at 11 :49, Eric Balzer <Eric.Balzer@RAMTRON.com> wrote: 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.com] Sent: Monday, October 22, 20128:59 AM To: malia@crossroadsvall.com; commdev@vailqov.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; aquevedo@notaria55.com; marvin.c.hein@qmail.com; qriffinger@qibbonslaw.com; wallygeiger@prodjgy.net; awk3569@qmail.com; bminkow@mac.com; bobrule@hotmail.com; bzug@harbourvest.com; Iynniebabe@earthlink.net; ahhso@aol.com; ERUSNAK@harrisassoc.com; george@hallenbeck.com; morrlsqlnsburg@mindsprinq.com; JLunney@wealthstratqroup.com; JMG412@aol.com; DANDJHALL@aol.com; j stalder@fsf-Iaw.com; jterhar@sthmotors.com; jqowen@lqi,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 From: Malia Cox Nobrega [mailto:malia@crossroadsvail.com] Sent: Monday, October 22, 2012 09:35 AM Central Standard lime To: commdev@vailgov.com <commdev@vailgov.com> Cc: Alberto Abed <flymex042752@aol.com>; Alexander Bracken <alexander.bracken@cusvs.edu>; Cynthia Scott <scottmahaffyclan@gmail.com>; Enrique R Miranda Paz <emlranda@miranda.com,mx>; Eric Balzer <erlc.balzer@ramtron.com>; James F. liampo <jtiampo@mba1987.hbs.edu>; Jose Lanzagorta <jose.lanzagorta@avemex.com.mx>; Juan M Garcia <aquevedo@notaria55.com>; Marvin Hein <marvin.c.hein@gmail.com>; Michael Griffinger <qriffinger@gibbonslaw.com>; Waldo F. Geiger <wallygeiger@prodigy.net>; Abbey & Alyne Kaplan <awk3569@qmall.com>i Bernard Minkow <bminkow@mac.com>; Bob Rule <bobrule@hotmail.com>; Brooks and Linda Zug <bzuq@harbourvest.com>; Dave and Lynne Creager <Iynniebabe@earthlink.net>; David Zinn <ahhso@aol.com>; Earl J. Rusnak, Jr. <ERUSNAK@harrlsassoc.com>; George Hallenbeck <qeorqe@hallenbeck.com>; Helen & Morris Ginsburg <morrisqinsburq@mindsDring.com>; James & Elaine Lunney <JLunney@wealthstratgroup.com>; Jean Gordon <JMG412@aol.com>; 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 2 <nqriebling@comcast.net>; Jorge Conseco <jecanseco@sbcglobal.net>; Jorge Dunand <qdunand@ferrionLcom>; Leonard J. & Laura Berlik <lib59@verizon.net>; Luis Harvey <Iharvey@nexxuscapital.com>; Manuel Girault <manuel.qirault@avemex.com.mx>i Michael Katzi Peter M. & Helena M. Leslie <hglnyc@aoJ.com>; Rebeca Jimenez-Campos <rebecajimguerra@yahoo .com>; Rene & Aurora Leon <reneleon@erreele.com.mx>i Richard & Sandra Collier <dads4wood@hotmail.com>; Robert Trotta <bob@resort.co.uk>; Robert W. Geyer <rwgeyer@sunsetautoqroup.com>; Sergio J. and Sara Armella <sergio armella@cwsa.com>i Spencer Swaim <sswalm@twgservices.com>; Steve & Brigid Wilkening <BrigldWilkening@aol.com>i Susan Townsend <drsusantownsend@qmall.com>; Arlene Bobrow <asbobrow@yahoo.com>; Bob and Liz Kivland <bllinreiliy@yahoo.com>; Brian Barish <eabarish@gmallcom>; Curtis and Kris Olson <curtis­ olson@comcast.net>; Dennis Scioli <gemvest@yahoo.com>; Donald Ferlic <sf8888@aol.com>; Dunvil Properties LLC <dvilchls@casasarko.com.mx>; Harry Stephenson <hcseyemd@aol.com>; Kevin Murphy <kevin.p.murohy@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@unigueprop.com>; Michael S. Barish <mbarish@cambiar.com>; Philip L. Bernstein < Dbemstei n@jacobstem.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 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 3 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 4 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." 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. 5 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 Malia Cox Nobrega Crossroads Realty Ltd malia(aJ,crossroadsvail.com www.searchvailmls.com 970-476-4300 office 970-977 -1041 cellular 970-479-9534 fax 6 Bill Gibson From: David Rhoades on behalf of CommDev Sent: Monday, October 22, 2012 3:38 PM To: Bill Gibson Subject: FW: Golf Course Renovations From: Malia Cox Nobrega [mailto:malia@crossroadsvail.com] Sent: Monday, October 22, 2012 2:41 PM To: Council Dist List; CommDev Subject: Fwd: Golf Course Renovations Please below email from unit 41 owner at Vail Golfcourse Townhomes. ----------Forwarded message ---------­ From: Luis Harvey M <lharvey@nexxuscapital.com> Date: Mon, Oct 22, 2012 at 11 :22 AM Subject: Re: Golf Course Renovations To: Eric Balzer <Eric.Balzer@ramtron.com> Cc: Michael Katz <mkatz@mkreg.com>, "malia@crossroadsvail.com" <malia@crossroadsvail.com>, "commdev@vailgov.com" <commdev@vailgov.com>, "flymex042752@aol.com" <tlymex042752@aol.com>, "alexander.bracken@cusys.edu" <alexander.bracken@cusys.edu>, "scottmahaffyclan@gmail.com" <scottmahaffyclan@gmail.com>, "erniranda@miranda .com.mx" <emiranda@miranda.com.mx>, "jtiampo@mba1987.hbs.edu" <jtiampo@mba1987.hbs.edu>, "jose.lanzagorta@avemex.com.mx" <jose.lanzagorta@avemex .com.rnx>, "ag uevedo@notaria5 5 .com" <aq uevedo@notaria5 5 .com>, "marvin.c.hein@gmail.com" <marvin.c.hein@gmail.com>, "griffinger@gibbonslaw.com" <griffinger@gibbonslaw.com>, "wallygei ger@prodigy.net" <wallygeiger@prodigy.net>, "awk3569@gmail.com" <awk3569@gmaiI.com>, "bminkow@mac.com" <bminkow@mac.com>, "bobrule@hotmail.com" <bobrule@hotmail.com>, "bzug@harbourvest.com" <bzug@harbourvest.com>, "lynniebabe@earthlink.net" <IYlliliebabe@earthlink.net>, "ahhso@aol.com" <ahhso@aol.com>, "ERUSNAK@harrisassoc.com" <ERUSNAK@harrisassoc.com>, "george@hallenbeck.com" <george@hallenbeck.com>, "morrisginsburg@mindspring.com" <morrisginsburg@mindspring.com>, "JLunney0),wealthstratgroup.com" <JLulliley@wealthstratgroup.com>, "JMG412@aol.com" <JMG412@aol.com>, "DANDJHALL@aol.com" <DANDJHALL@aol.com>, "j stalder@fsf-Iaw.com" <j stalder@fsf-Iaw.com>, "jterhar@sthmotors.com" <jterhar@sthmotors.com>, "j gowen@lgi.com" <j gowen@lgi.com>, "ngriebling@comcast.net" <ngriebling@comcast.net>, "jecanseco@sbcgJobal.net" <jecanseco0),sbcglobal.net>, "gdunand@ferrioni.com" <gdunand@ferrioni.com>, "ljb59@verizon.net" <ljb59@verizon.net>, "manuel.girault@avemex.com.mx" <manuel .girault@avemex.com.mx> I am the owner of unit 41. I atrongly agree with the comments below. I hope the town reconsiders its plans. Regards Luis Al berto Harvey Nexxus Capital, S.A. de C.V. Vasco de Quiroga # 3880, piso 2 Santa Fe, D.F. 05348 Phone: +52-555-292-3400 US Phone: + 1-646-415-8719 Email: lharvey@nexxuscapital.com Sent from my iPhone On 22110/2012, at 11:50, "Eric Balzer" <Eric .Balzer@RAMTRON.com> wrote: 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@mkreq.com] 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; aquevedo@notaria55.com; marvin.c.heln@gmall.com; griffinger@qibbonslaw.com; wallygeiger@prodigy.net; awk3569@qmail.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; j stalder@fsf-Iaw.com; jterhar@sthmotors.com; jqowen@lqi.com; nqriebling@comcast.net; jecanseco@sbcqlobal.net; gdunand@ferrioni.com; Ijb59@verizon.net; Iharvey@nexxuscapital.com; manuel.g irau It@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 From: Malia Cox Nobrega [mailto:malia@crossroadsvall.com] Sent: Monday, October 22, 2012 09:35 AM Central Standard Time To: commdev@vallqov.com <commdev@vailgov.com> Cc: Alberto Abed <f1ymex042752@aol.com>; Alexander Bracken <alexander.bracken@cusys.edu>; Cynthia Scott <scottmahaffyclan@gmail.com>; 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 <aquevedo@notaria55.com>; Marvin Hein <marvin.c.hein@qmail.com>; Michael Griffinger <griffinger@gibbonslaw.com>; Waldo F. Geiger 2 <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@aol.com>; Earl J. Rusnak, Jr. <ERUSNAK@harrisassoc.com>; George Hallenbeck <qeorge@hallenbeck.com>; Helen & Morris Ginsburg <morrisqlnsburq@mindsprinq.com>; James & Elaine Lunney <JLunney@wealthstratgroup.com>; Jean Gordon <JMG412@aol.com>; Jean Hall <DANDJHALL@aol.com>; Jeff & Adele Stalder <j stalder@fsf-Iaw.com>; John & Penny Terhar <jterhar@sthmotors.com>; John and Susan Gowen <jqowen@lqi.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 <Iharvey@nexxuscapital.com>; Manuel Glrault <manuel.girault@avemex.com.mx>; Michael Katz; Peter M. & Helena M. leslie <hglnyc@aol.com>; Rebeca JimeneZ-Campos <rebecaiimguerra@yahoo.com>; Rene & Aurora Leon <reneleon@erreele.com.mx>; Richard &Sandra Collier <dads4wood@hotmail.com>; Robert Trotta <bob@resort.co.uk>; Robert W. Geyer <rwgever@sunsetautoqrouD.com>; Sergio J. and Sara Armella <sergio armelia@cvvsa.com>i Spencer Swaim <sswalm@twqservices.com>; Steve & Brigid Wilkening <BrigidWilkening@aol.com>; Susan Townsend <drsusantownsend@gmail.com>; Arlene Bobrow <asbobrow@yahoo.com>; Bob and Liz Kivland <bilinreilly@yahoo.com>; Brian Barish <eabarish@gmail.com>; Curtis and Kris Olson <Q.!.!1§: 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@gmall.com>; Manuel Orvananos <maneorva@prodigy.net.mx>; Marc Lippitt Mr. Scott Shwayder <mliopitt@uniqueprop.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@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 al\ 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. 3 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 bO(.1ght 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 Va il 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 4 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." 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. 5 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 Este mensaje y sus anexos son confidenciales. Si usted no es el destinatario, Ie suplicamos notificarlo al remitente y no utilizarlo, copiarlo 0 divulgar su contenido. Muchas gracias. This e­ mail and its attachments are confidential. If you are not the intended recipient, please advise the sender and do not use them, copy or disclose their contents. Thank you Este mensaje y sus anexos son confidenciales. Si usted no es el destinatario, Ie suplicamos notificarlo al remitente y no utilizarlo, copiarlo 0 divulgar su contenido. Muchas gracias. This e-mail and its attachments are confidential. If you are not the intended recipient, please advise the sender and do not use them, copy or disclose their contents. Thank you Malia Cox Nobrega Crossroads Realty Ltd 6 malia@crossroadsvail.com wv.,rw.searchvailmls .com 970-476-4300 office 970-977-1041 ceJlular 970-479-9534 fax 7 Bill Gibson From: David Rhoades on behalf of CommDev Sent: Monday, October 22, 2012 3:37 PM To: Bill Gibson Subject FW: Golf Course Renovations From: Malia Cox Nobrega [mailto:malia@crossroadsvail,com] Sent: Monday, October 22, 2012 2:40 PM To: CommDev; Council Dist List Cc: Jean Hall Subject: Fwd: Golf Course Renovations Please see below from owner of Vail Golfcourse Townhome unit 32 ----------Forwarded message ---------­ From: <DANDJHALL@aol.com> Date: Mon, Oct 22,2012 at 11 :06 AM SUbject: Re: Golf Course Renovations To: malia@crossroadsvail.com Great letter. Thanks for forwarding it. Jean Hall In a message dated 10/2212012 9:35:32 A.M . Central Daylight Time, malia@crossroadsvail.com writes: 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 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 park ing 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 cou rse . Bringing more traffic to the situation seems undesirab le on several levels . I just don't see how this can turn out well . I bel ieve many if not most of the owners that bought property in this area did so (and at a substantial prem ium) 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 ma in 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 ne ighbors 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 cont inued plans have left me with pangs of feeling that th is 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 includ ing the Town, but will also undermine the commun ity 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 i n 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 go ing to be impressive enough to put everyone through this . I feel very strongly that many other neighbors agree with my position so I am ask ing 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 2 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 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 4 :26 PM To: Bill Gibson Subject: FW: Golf (ou rse Renovations From: Malia Cox Nobrega [mailto:malia@crossroadsvall.com] Sent: Monday, October 22, 20123:53 PM To: CommDev; Council Dist List Subject: Fwd: Golf Course Renovations Please see the below email from Vail Golfcourse Townhome owner of unit 53 . ----------Forwarded message ---------­ From: Morris Ginsburg <morrisginsburg@mindspring.com> Date: Mon, Oct 22,2012 at 3:49 PM Subject: FW: Fwd: Golf Course Renovations To: Malia Cox Nobrega <malia@crossroadsvail.com> Malia ..As you know we have been in the Vail valley for thirty years and in our present location since 1984. I have read Alyne's comments and agree with all of them and I don't think I could express them any better . Please forward . Morris and Helen Ginsburg Morris Ginsburg H&M Mortgage Manager Phone: 303-221-3200 x104 Fax : 303-221-2744 Email: morrisginsburg@mindspring.com From: Eric Balzer [mailto:Eric.Balzer@RAMTRON.com] Sent: Monday, October 22, 2012 10:49 AM To: Michael Katz; malia@crossroadsvail.com; commdev@vailgov.com Cc: flymex042752@aol.com; alexander .bracken@cusys.edu; scottmahaffyclan@gmail.com; emiranda@miranda .com.mx; jtiamoo@mba1987.hbs.edu; jose.lanzagorta@avemex.com .mxi aguevedo@notaria55.com; marvin.c.hein@qmail.com: griffinger@gibbonslaw.com; waliygeiger@prQdigy.net; awk3569@gmail.com; bmlnkow@mac.com; bobrule@hotmail.com; bzug@harbourvest.com; Iynniebabe@earthlink.net; ahhso@aol.com; ERUSNAK@harrisassoc.com; george@halienbeck.com; morrisqinsburg@mindsprinq.com; JLunney@wealthstratgrOUD .com; JMG412@aol .com; DANDJHALL@aol.com; i stalder@fsf-Iaw.com; jterhar@sthmotors.com; jgoweo@lgi.com; ngriebling@comcast.net; jecanseco@sbcglobal.net; gdunand@ferrionl.com; Ijb59@verizon.net; Iharvey@nexxuscaDital.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.com] Sent: Monday, October 22, 20128:59 AM To: malia@crossroadsvall.com; commdev@vailgov.com Cc: f1ymex042752@aol.com; alexander.bracken@cusys.edu; scottmahaffyclan@qmail.com; emiranda@miranda.com.mx; Eric Balzer; jtiamoo@mba1987.hbs.edu; jose.lanzaqorta@avemex.com.mx; aguevedo@notaria55.com; marvin.c.heln@qmall.com; grlfflnqer@qibbonslaw.com; wallygejqer@prodigy.netj awk3569@gmall.cQm; bminkow@mac.com; bobrule@hotmail.com; bzuq@harbourvest.com; Iynniebabe@earthlink.net; ahhso@aol.com; ERUSNAK@harrisassoc.com; georqe@hallenbeck.com; morrisginsburg@mindspring.com; JLunney@wealthstratgroup.com; JMG412@aol.com; DANDJHALL@aol.com; j stalder@fsf-Iaw.com; jterhar@sthmotors.com; jgowen@lqi.com; nqrieblinq@comcast.net; jecanseco@sbcglobal.net; gdunand@ferrioni.com; Ijb59@verizon.netj I harvey@nexxuscaDital.com; manuel.qirault@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 From: Malia Cox Nobrega [mailto:malia@crossroadsvail.com] Sent: Monday, October 22, 2012 09:35 AM Central Standard Time To: commdev@vailgov.com <commdev@vailgov.com> Cc: Alberto Abed <f1ymex042752@aol.com>; Alexander Bracken <alexander.bracken@cusys.edu>; Cynthia Scott <scottmahaffyclan@gmail.com>; Enrique R Miranda Paz <emiranda@miranda.com.mx>j Eric Balzer <eric.balzer@ramtron.com>; James F. Tiampo <jtiamDo@mbaI987.hbs.edu>; Jose Lanzagorta <jose.lanzagort.a@avemex.com.mx>j Juan M Garcia <aquevedo@notaria55.com>; Marvin Hein <marvin.c.hein@gmail.com>; Michael Griffinger <griffinger@qibbonslaw.com>; Waldo F. Geiger <wallyqeiger@prodigy.net>j Abbey & Alyne Kaplan <awk3569@qmail.com>; Bernard Minkow <bminkow@mac.com>j Bob Rule <bobrule@hotmail.com>; Brooks and Linda Zug <bzuq@harbourvest.com>; Dave and Lynne Creager <Iynniebabe@earthlink.net>; David Zinn <ahhso@aol.com>; Earl J. Rusnak, Jr. <ERUSNAK@harrisassoc.com>j George 2 Hallenbeck <george@hallenbeck.com>; Helen & Morris Ginsburg <morrisginsburg@mlndspring.com>; James & Elaine Lunney <JLunney@wealthstratgrouD.com>; Jean Gordon <JMG412@aol.com>; Jean Hall <DANDJHALL@aol.com>; Jeff &Adele Stalder <j stalder@fsf-Iaw.com>; John &Penny Terhar <jterhar@sthmotors.com>; John and Susan Gowen <jgowen@lgl.com>; John L. Griebling <ngriebling@comcast.net>; Jorge Conseco <jecanseco@sbcqlobal.net>; Jorge Dunand <qdunand@ferrionLcom>; Leonard J. & Laura Berlik <ljb59@verizon.net>; Luis Harvey <Iharvey@nexxuscapital.com>; Manuel Girault <manuel .girault@avemex.com.mx>; Michael Katz; Peter M. & Helena M. Leslie <hqlnyc@aol,com>; Rebeca Jimenez-campos <rebecajimquerra@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@sunsetautoqroup.com>; Sergio J. and Sara Armella <sergio armella@cyvsa.com>; Spencer Swaim <sswalm@twgservices.com>; Steve & Brigid Wilkening <BrigidWilkenlng@aol,com>; Susan Townsend <drsusantownsend@gmail.com>; Arlene Bobrow <asbobrow@yahoo.com>; Bob and Liz Kivland <bllinreilly@yahoo.com>; Brian Barish <eabarish@qmail.com>; Curtis and Kris Olson <curtis-olson@comcast.net>; Dennis Scioli <qemvest@yahoo .com>; Donald Ferlic <sf8888@aol.com>; Dunvil Properties LLC <dvilchis@casasarko.com.mx>; Harry Stephenson <hcseyemd@aol.com>; Kevin Murphy <kevin.p.murohy@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 <mliDDitt@uniqueDrop.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@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 3 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 appropriat 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 th 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 i~ quiet and out. of the "hustle and bustle" of the main Vail area. It feels a bit like the reasons for our I 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 . 4 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.If 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 5 Malia Cox Nobrega Crossroads Realty Ltd malia@crossroadsvail .com www.searchvailmls .com 970-476-4300 office 970-977-1041 cellular 970-479-9534 fax Malia Cox Nobrega Crossroads Realty Ltd malia@crossroadsvail.com www.searchvailrnls.com 970-476-4300 office 970-977-1041 cellular 970-479-9534 fax 6 I Bill Gibson From: Lynne Campbell on behalf of CommDev Sent: Wednesday, October 24, 2012 10:28 AM To: Bill Gibson Subject: FW: Golf Course Renovations From: Malia Cox Nobrega [mailto:malia@crossroadsvail,com] Sent: Tuesday, October 23, 2012 12:38 PM To: Council Dist List; CommDev Cc: Donald Ferlic Subject: Fwd: Golf Course Renovations Please see the below email from the owner of unit 64 from the Vail Golfcourse Townhomes. ----------Forwarded message ---------­ From: <SF8888@aol.com> Date: Tue, Oct 23,2012 at 11:48 AM Subject: Re: Golf Course Renovations To: malia@crossroadsvail.com, commdev@vailgov.com Cc: flymex042752@aol.com, alexander. bracken@cusys.edu, scottmahaffyc lan@gmail.com, emiranda@miranda.com.mx, eric. balzer(a)ramtron.com, jtiampo@mba1987.hbs.edu, iose.lanzagorta@avemex.com.mx, aquevedo@notaria55.com, marvin.c .hein@gmail.com, griffinger@gibbonslaw.com, wallygeiger@prodigy.net, awk3569@gmail .com, bminkow<al,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-Iaw.com, iterhar@sthmotors.com, j gowen@lgi .com, ngriebling@comcast.net, j ecanseco@sbcglobal.net, gdunand@ferrioni.com, Ijb59@verizon .net, Iharvey@nexxuscapital.com, manuel.girault@avemex.com.mx, mkatz@mkreg.com, hglnyc(cil,aol.com, rebecajimguerra@yahoo.com, reneleon@erreele.com.mx, dads4wood@hotmail.com, bob@resort.co.uk, rwgeyer@sunsetautogroup.com, sergio armella@cyvsa.com, sswalm@twgservices.com, BrigidWilkening(a)aol.com, drsusantownsend@gmail.com, asbobrow@yahoo.com, bilinreilly@yahoo.com, eabarish@gmail.com, curtis-olson@comcast.net, gemvest@yahoo.com, dvilchis@casasarko.com.mx, hcseyemd@aol.com, kevin.p.murphy@comcast.net, veinsonline 1 @yahoo.com, batch.joe@gmail.com, maneorva@prodigy.net.mx, mlippitt@unigueprop.com, mbarish@cambiar.com, p bernstein@i aco bstem. com Dear AlII, As owner of golfcourse townhome #64 I appreciate the well thought out and well expressed letter. I feel it does convey our feelings very well, and I urge the town to reconsider their ambitious plans and the potentially negative impact their ideas would create to the golf club area neighborhood. Sincerely, Sharon Ferlic Malia Cox Nobrega Crossroads Realty Ltd malia@crossroadsvail.com www.searchvailmls.com 970-476-4300 office 970-97T.. I041 cellular 970-479-9534 fax 2 Bill Gibson From: Lynne Campbell on behalf of CommDev Sent: Wednesday, October 24,2012 10:28 AM To: 8ill Gibson Subject: FW: Golf Course Renovations From: SF8888@aol.com [mailto:SF8888@aol.com] Sent: Tuesday, October 23, 2012 11:49 AM To: malia@crossroadsvail.com; CommDev Cc: flymex042752@aol.com; alexander.bracken@cusys.edu; scottmahaffyclan@Qmail,com; emiranda@miranda.com.mx; eric.balzer@ramtron.com; jtiampo@mba1987.hbs.edu; jose.lanzagorta@avemex.com.mx; aquevedo@notaria55.com; marvin.c.hein@gmail.com; grfffinqer@qibbonslaw.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@wealthstratgrouD.com; JMG412@aol.com; DANDJHALL@aol.com; j stalder@fsf-Iaw.com: jterhar@sthmotors.com; jgowen@lgi.com; ngriebling@comcast.net; jecanseco@sbcalobal.net; gdunand@ferrioni.com; Ijb59@verizon.net; Iharvey@nexxuscaoital.com; manuel.qirault@avemex.com .mx; mkatz@mkreq.com; hqlnyc@aol,com; rebecajimguerra@yahoo.com; reneleon@erreele.com .mx; dads4wood@hotmail .com; bob@resort.co.uk; rwgeyer@sunsetautogroup.com; sergio armella@cyvsa.com; sswalm@twgservices.com; BrigidWilkening@aol,com; drsusantownsend@gmail.com; asbobrow@yahoo.com; bilinreilly@yahoo.com; eabarish@gmail.com; curtis­ olson@comcast.net; gemvest@yahoo.com; dvi Ichis@casasarko.com.mx; hcseyemd@aol.com; kevin.D.murohy@comcast.net; veinsonlinel@yahoo.com; batch.joe@gmail.com; maneorva@orodigy.net.mx; mlippitt@unlqueprop.com; mbarish@cambiar.com; pbernstein@jacobstern.com Subject: Re: Golf Course Renovations Dear All, As owner of golfcourse townhome #64 I appreciate the well thought out and well expressed letter. I feel it does convey our feelings very well, and I urge the town to reconsider their ambitious plans and the potentially negative impact their ideas would create to the golf club area neighborhood . Sincerely, Sharon Ferlic 1 Bill Gibson From: Lynne Campbell on behalf of CommDev Sent: Wednesday, October 24, 2012 3:35 PM To: Bill Gibson SUbject: FW: Golf Course Renovations unit 20 From: Malia Cox Nobrega [mailto:malia@crossroadsvail.com] Sent: Wednesday, October 24, 20122:13 PM To: Council Dist List; CommDev Cc: Cynthia Scott Subject: Fwd: Golf Course Renovations unit 20 Please see the letter from the owner of Vail Golfcourse Townhomes unit 20 below. Thank you. ----------Forwarded message ---------­ From: cynthia scott <scottmahaffyclan(a),gmail.com> Date: Wed, Oct 24,2012 at 1 :01 PM SUbject: Re: Golf Course Renovations To: Malia Cox Nobrega <malia@crossroadsvail.com> Cc: commdev@vailgov.com, Alberto Abed <f1ymex042752@aol.com>, Alexander Bracken <alexander.bracken(a),cusys.edu>, 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 <aquevedo@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 <lynniebabe@earthlink.net>, David Zinn <ahhso@aol.com>, "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@aol.com>, 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 1. & Laura Berlik" <ljb59@verizon.net>, Luis Harvey <lharvey@,nexxuscapital.com>, Manuel Girault <manuel.girault@avemex.com.mx>, Michael & Valerie Katz <mkatz@mkreg.com>, "Peter M. & Helena M. Leslie" <hglnyc(a),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 1. and Sara Arrnella" <sergio annella@cyvsa.com>, Spencer Swalm <sswalm@twgservices.com>, Steve & Brigid Wilkening <BrigidWilkening@aol.com>, Susan Townsend <drsusantownsend@gmail.com>, Arlene Bobrow <asbobrow@yahoo.com>, Bob and Liz Kivland <bilimeilly@yahoo.com>, Brian Barish <eabarish@gmail.com>, Curtis and Kris Olson <curtis­ olson@comcast.net>, Dennis Scioli <gemvest(a),yahoo.com>, Donald Ferlic <sf8888@aol.com>, Dunvil Properties LLC <dvilchis@casasarko.com.mx>, Harry Stephenson <hcsevemd@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@uniqueprop.com>, "Michael S. Barish" <mbarish@cambiar.com>, "Philip L. Bernstein" <pbernstein@jacobstern.com> 1 Thank you Alyne, for your comprehensive letter. You address many of my concerns also. We are thrilled about the much needed renovation of the GolflNordic Clubhouse. And, I too, am grateful for the decision to keep the zoning out of"general use." Many thanks for hearing us on this. We have owned Unit 20 for 12 years and have enjoyed the quiet feeling of our home away from home as well as the easy access to the bus stop for heading into town to ski and enjoy the festive hustle and bustle of Vail. We have raised 4 kids here and greatly appreciate the neighborhood feeling and especially the slow speed limits on the often slippery winter crossing of Sunburst Drive to the bus stop. The bus is often VERY full already with all the skiers who park in the golf club parking lot and overflow onto the streets. We also use the Nordic Center and ski track often in the winter and always walk along Sunburst to get there. I have also noticed that the sununer bike traffic is heavy and increasing already. We are a part of this and use our bikes almost exclusively when we are in town in the summer. I worry that we could have a problem with anything that would further increase the traffic on Sunburst. Certainly, the appeal of the neighborhood would diminish greatly with more cars. I will also add that I have never noticed a problem with errant golf balls at all at our home. I hope that we can somehow avoid the costly litigation process and use that money in other more productive ways. Thank you for listening! Sincerely, Cynthia Mahaffy Scott and Peter Scott Unit 20 On Mon, Oct 22,2012 at 8:35 AM, Malia Cox Nobrega <malia@crossroadsvail.com> wrote: 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 . 2 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." 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 Re:.Jlly Ltd malia@crossroadsvail.com www.searchvailmls.com 970-476-4300oAice 970-977-1041 cellui:.Jr 970-479-9534 lax 4 CYl1lh.ia 'r'. Scott 303-517-5117 Malia Cox Nobrega Crossroads Realty Ltd malia@crossroadsvail.com www.searchvailmls.com 970-476-4300 office 970-977-1041 cellular 970-479-9534 fax 5 Bill Gibson From: Lynne Campbell on behalf of CommDev Sent: Wednesday, October 24, 2012 3:33 PM To: Bill Gibson Subject: FW: Golf Course Renovations -----Original Message----­ From: Eric Balzer [mailto:Eric.Balzer@RAMTRON.com] Sent: Wednesday, October 24,2012 1:28 PM To: cynthia scott Cc: Malia Cox Nobrega; CommDev; Alberto Abed; Alexander Bracken; Enrique R Miranda Paz; 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 Zinn; Earl J. Rusnak, Jr.; George Hallenbeck; Helen & Morris Ginsburg; James & Elaine Lunney; Jean Gordon; Jean Hall; Jeff & Adele Stalder; John & Penny Terhar; John and Susan Gowen; John L. Griebling; Jorge Conseco; Jorge Dunand; Leonard J. & Laura Berlik; Luis Harvey; 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 Kivland; Brian Barish; Curtis and Kris Olson; Dennis Scioli; Donald Ferlic; Dunvil Properties LLC; Harry Stephenson; Kevin Murphy; Lee G. Schulman; Lyn Batcheller; Manuel Orvananos; Marc Lippitt Mr. Scott Shwayder; Michael S. Barish; Philip L. Bernstein Subject: Re: Golf Course Renovations Well put!!! Sent from my iPhone On Oct 24, 2012, at 3:01 PM, "cynthia scott" <scottmahaffyclan@gmail.com<mailto:scottmahaffyclan@gmail.com» wrote: Thank you Alyne, for your comprehensive letter. You address many of my concerns also. We are thrilled about the much needed renovation of the Golf/Nordic Clubhouse. And, I too, am grateful for the decision to keep the zoning out of "general use." Many thanks for hearing us on this. We have owned Unit 20 for 12 years and have enjoyed the quiet feeling of our home away from home as well as the easy access to the bus stop for heading into town to ski and enjoy the festive hustle and bustle of Vail. We have raised 4 kids here and greatly appreciate the neighborhood feeling and especially the slow speed limits on the often slippery winter crossing of Sunburst Drive to the bus stop. The bus is often VERY full already with all the skiers who park in the golf club parking lot and overflow onto the streets. We also use the Nordic Center and ski track often in the winter and always walk along Sunburst to get there. I have also noticed that the summer bike traffic is heavy and increasing already. We are a part of this and use our bikes almost exclusively when we are in town in the summer. I worry that we could have a problem with anything that would further increase the traffic on Sunburst. Certainly, the appeal of the neighborhood would diminish greatly with more cars. I will also add that I have never noticed a problem with errant golf balls at all at our home. I hope that we can somehow avoid the costly litigation process and use that money in other more productive ways. Thank you for listening! Sincerely, Cynthia Mahaffy Scott and Peter Scott Unit 20 On Mon, Oct 22,2012 at 8:35 AM, Malia Cox Nobrega <malia@crossroadsvail.com<mailto:malia@crossroadsvail.com» wrote: Please see the below email from one of the homeowners at the Vail Golfcourse Townhomes. ----------Forwarded message ---------­ From: Alyne Kaplan <awk3569@gmail.com<mailto:awk3569@gmail.com» Date: Fri, Oct 19,2012 at 4:15 PM Subject: Golf Course Renovations To: Malia Cox Nobrega <malia@crossroadsvail.com<mailto: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 SS 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 andl 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 anticiPat r that such a change was a likelihood. I don't know all the specifics or ifthe 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 2 I 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 peryear at this new venue in addition to what already takes place. The single entry roa 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 drivin 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 i 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." I have always felt like a part of this community in all these year 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 t ime 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 3 Malia Cox Nobrega Crossroads Realty Ltd malia@crossroadsvail.com<mailto:malia@crossroadsvail.com> www.searchvailmls.com<http://www.searchvailmls.com> 970-4 76-4300<tel:970-4 76-4300> office 97D-977-1041<tel:970-977 -1041> cellular 970-479-9534<tel:970-479-9534> fax Cynthia Y. Scott 303-517-5117 4 m[E~[EDW[EW W OCT 1 7 LUll W TOWN OF VAIL October 17,2012 Sunburst Drive Homeowners c/o Sam Maslak 1979 Sunburst Drive Vail, CO 81657 Planning and Environmental Commission Town of Vail 75 S . Frontage Road West Vail , Colorado 81657 Re: Vail Golf Course Clubhouse and 18th Hole/Zoning and Conditional Use Permit Dear Planning and Environmental Commission (PEC): As you are aware, the Town of Vail plans to enlarge the Vail Golf Course clubhouse, move the 18th green of the golf course, destroy portions of the 18th hole fairway, and use the entire area as a revenue-and tourism-generating events center. You may also be aware that a number of us-as neighbors who own homes adjacent to or near the Vail Golf Course-have filed a lawsuit to prevent the Town from proceeding with its current plans . To meet its goals, the Town has sought to amend the conditional use permit (CUP) it received in 1986 to expand it in both size and scope. It also seeks to amend the zone district to change the golf course parking lot from a General Use District to an Outdoor Recreation District . Finally, it seeks to amend the zoning for the clubhouse to allow it to increase the clubhouse's height. As citizens and property owners of Vail, we feel it is important for the PEC to be aware of our position regarding the Town's requests. We do not oppose changing the parking lot from a General Use District to an Outdoor Recreation District. We also take no position at this time on the Town's attempt to change zoning relating to height requirements because it is still unclear exactly what the Town will seek (although we reserve the right to oppose the Town's plans in the future once they become more clear). We oppose, however, the Town's request to amend the Conditional Use Permit to allow it to move forward with its proposed changes to the clubhouse, the 18th green, and the 18th hole fairway. While we support the effort to improve the clubhouse, we cannot permit the plan to convert the clubhouse and neighboring area to an event center in violation of the reasonable expectations of the neighborhood, the voters who approved the use of convention center funds for clubhouse improvements, and the golf community. Numerous citizens have raised objections and issues with the Town Council regard ing the proposed changes to the golf course and its clubhouse, indicating that the Town's current plans are unacceptable. Despite this, the Town has refused to address the citizens' concerns or to change its plans in any meaningful way. The issues are numerous and are so intertwined with the Town's current proposals that the only way for the Town to address them is to abandon its current course altogether and begin anew wjth plans to renovate and update the golf course clubhouse within its existing footprint and without moving the 18th green. That was what the Town COW1cil members promised was their intent, that is what the voters approved, and that is what the Vail Golf Course neighbors , citizens of Vail , and golfers support and deserve . Reasons for Opposing the Town's Plans and Application to Amend the CUP We oppose the Town's current plan for the following reasons: 1. Development of Program Without Timely Neighborhood, Golfer, or Other Involvement. The Town failed to engage the neighborhood and many others effectively during the development of its plan for conversion of the 18th hole and the clubhouse until after their plans were fully and privately developed . Even the first notices circulated to the neighborhood, in connection with a PEC meeting held on May 14,2012, were misleading . They referred to the "clubhouse" only and not to the area aroW1d the clubhouse, the 18th green, or the 18th fairway, all of which the Town has, from the beginning, intended to change. Only after two neighborhood owners realized the impact of the program did the rest of the owners in the neighborhood around the Golf Course realize how vast the Town's plans were. By that time, the Town had already traveled so far down its intended path that it either could not or would not change course. It adopted an inflexible position and largely ignored the opinions and opposition of the golf course neighbors , the golfing community, and even some of the members of the Vail Recreation District ("VRD"). 2. Size/Capacity of Project. The material the Tow11 created and circulated on October 8, 2012 clearly indicates that the Town intends to create an event center with an indoor "banquet room" that can accommodate 200 seats (and presumably at least that many people). The Plan also provides for an outdoor events area that will accommodate as many as 500 people. Finally, the CUP the Town seeks is approximately eight times as large as the CUP it received in 1986, which covered only the existing clubhouse footprint. It also is an expansion in scope, since the current CUP does not even mention "events" or "banquets" and provides for a meeting room of only 506 square feet. The floor plans the Town distributed indicate that the banquet room will be 2,728 square feet and the outdoor patio area will be an additional 2,750 square feet. A pre-convene space tied to the banquet room will be 756 square feet. Finally, a "banquet lawn" to the south of the covered patio will add an additional 5,000 square feet. The total space for holding events at the golf course clubhouse will thus total approximately 11,234 square feet. And that does not take into account the CUP's expansion to include the current 18th green and portions of the fairway. 2 , ' By contrast, the pro shop and golfer grille will total only 2,812 square feet. These numbers leave · no doubt that the planned facility will be a large and substantial event center with coincidental golf space rather than a golf clubhouse that also occasionally serves other community functions, which the November 2011 ballot question indicated was the Town's intent. 3. Orientation of Any Event Activity Area. Because the golf course neighbors' homes sit east and south of the clubhouse, the Town's current plans will maximize the nuisance to the neighborhood . The Town intends to configure the new events center so that all banquets and outdoor activities occur to the south and east of the clubhouse. Special events held in this area in the past have been disruptive to the neighborhood and have forced neighbors to call the police. Rather than develop a plan that would reduce the likelihood of such problems, the Town has instead proposed plans that will increase them substantially, both in number and in physical scope. At least one member of the community proposed a potential alternative plan that would have ameliorated many of the golf course neighbors' concerns. The Town refused even to acknowledge that proposal, and weeks after they received it, some members of the Town Council admitted they did not even review it. 4. Parking, Congestion, and Safety Issues. The Town intends to increase the parking lot capacity by roughly 11 %. Although the Town has represented that it no longer desires-as it originally planned-to replace the 18th green with additional parking, it is unlikely that the Town will be able to host the types of events it contemplates without increasing parking capacity and further deteriorating the quality of the golf course. The CUP the Town seeks will allow it to increase the parking lot's size or add other parking at a later date. Moreover, the Town's plans are subject to the requirements of the PEC and the Design Review Board, which could render the commitment of no further parking expansion meaningless if neither the PEC nor the DRB will permit the Town's dramatic expansion plans without significant additional parking. In addition, the Town's plans raise serious safety and congestion concerns. According to its plans, events scheduled at the clubhouse may begin as early as 4 P.M. At that time, golfers will still be on the course and their cars in the parking lot, which will not have the capacity for both golfer vehicles and event attendee vehicles. The result will be individuals parking along the shoulder of Sunburst Drive, which creates hazards for emergency vehicles trying to access the neighborhood, as well as severe congestion for the residents and substantial risk to the bikers and runners who use Sunburst. In sum, there is no way the Town can implement its plans without either expanding the parking lot into the 18th green or creating serious congestion and safety issues. 3 5. Destruction of 18th Fairway and Green. The Town currently plans to shorten the 18th fairway and move the 18th hole east ofthe clubhouse, converting the current 18th green into a putting/practice green that could also host large tent events. Only after voters raised concerns did the Town invent a number of safety concerns in an attempt to justify the move. These safety concerns, which were never mentioned in connection with the proposal to spend convention center funds on this project, are nothing more than a smokescreen that will allow the Town to proceed with cutting off the western third of the 18th hole, all for the purpose of raising revenue for itself through the event center. Even if the Town's "no additional parking" commitment were credible, there is simply no way of knowing how the Town will use that property if it receives the CUP it is requesting, both now and in the future. The uncertainty regarding how the Town intends to use the 18th green will serve as a perpetual cloud over the neighboring properties and will significantly reduce the value of neighboring homes. 6. Noise. The Town 's plans will create noise that will serve as a nuisance to all homeowners along the 18th fairway and current 18th green and in the adjoining townhomes. Indeed, the expansive use of the facility as a revenue-producing events center raises the following concerns regarding noise: a. Orientation of activities. The Town's current proposals place activities in the one location that will maximize the noise nuisance to the homeowners. b. Lack of effective control. The Town has shown an inability to control the noise level of events held in the modest space already at the clubhouse, even when neighbors complain. If the Town succeeds in creating an event center of the magnitude it is proposing, the impact on the neighborhood will be severe. When the windows and doors are opened, the building itself will act as an amphitheater, magnifying the volume of events held there. Music, crowd, and traffic noise will cause a diminution in value of the neighbors' homes . c . Hours of operation . The Town plans to allow music to continue at the new events center until midnight each night and activities may continue to 2 :00 A.M .. The attendees likely will not all leave until some time after that. Such late hours will prevent those in the neighborhood from experiencing any peace and quiet at a late evening hour, something many of the homeowners relied on having when they purchased their properties . d. Estimates suggest the center will host more than 100 events per year, and the number could be substantially more than that. 4 7. Lighting. Lighting associated with evening activities will be a nuisance to the neighborhood in several respects. Because lighting for outside activities will most likely be affixed to the building, it will shine toward the residences, creating a continuing glare. Any lighting sufficient to illuminate the outdoor banquet areas will almost certainly be bright enough to illuminate the adjoining properties as well. And because lighting will be necessary beyond the period when events occur, as people are leaving to their vehicles, it will be a problem well past midnight, resulting in an aggravated impact on the neighboring residences. 8. Erratic Behavior and Lack of Law Enforcement. During past social gatherings at the clubhouse, which were much smaller than that which the Town is proposing to host, the conduct of attendees has often been out of control, resulting in safety issues and disturbance to the neighborhood. And calls to law enforcement have been ineffective. Larger events designed to be outside will only increase such activity. 9. Tents. The CUP the Town is seeking will allow it to use the 18th fairway and the 18th green as a venue to raise large tents under which they can host affairs even larger than those contemplated for the events center itself. Such a use will only exacerbate the issues we have already raised, including noise, lighting, and Wliuly behavior, and will create opportunities for other nuisances and torts, such as trespasses onto the residential properties. The infonnation the Town has circulated indicates that the Town will prohibit private parties from using tents but that the Vail Recreation District may still use tents for special public events. The issues we have raised, however, are as much a concern for public functions as they are for private ones. Moreover, the Town could change its policy in the future to allow tents for private events. 10. Reconfiguration of Driving Range Nets. The Town insists on increasing the height ofthe driving range nets, which will distract golfers, tourists, motorists along 1-70, bikers , and others attempting to enjoy the scenery . No valid reason exists for reconfiguring the driving range nets, especially if the Town abandons its plan to move the 18th green. The movement of the green is what places golfers in danger. The Town's current plan is forcing it to spend large sums of money to address safety concerns that would not exist if the Town would simply reconsider its current course of action. 11. Lack of Buffer to Protect Residences . Whatever activities occur at the current parking lot, the current clubhouse site, or at the current location of the 18th fairway and green, the impacts on the neighborhood will be significant. There is simply no way to buffer the homeowners from the activities . At Donovan Pavilion, the nearest residence to the building is approximately twice the distance as is the nearest residence on Sunburst Drive to the Vail Golf Course clubhouse . In addition, at Donovan, Gore Creek and a wide and dense growth of evergreen trees shield the nearby residences. If this proj ect goes forward in any manner other than by simply creating a quality golf course clubhouse with no significant event facility, the 5 neighborhood residences will experience substantial reduction in value and will require increased protection from both parking activities and event functions. 12. Uncertainty Regarding Zoning and Development Plans. Because of the broad options available under the zoning regulations, if the PEC were to grant the Town's requested changes to the CUP, the Town would have broad flexibility regarding how to use the clubhouse, the 18th green, and the 18th fairway . This is especially true because the Town refuses to be bound by any of the proposals it has put forth to the PEe. The uncertainty regarding how the Town intends to use the property prevents the residents of the adjoining properties from the normal use of their residences, decreases the property and resale value of the golf course neighbors' homes and properties, and leaves open the possibility that the Town will, at a later time, use the property for purposes other than those it now identifies. 13. General Considerations. In addition to the issues identified above, the following more general concerns also warrant consideration: a. the events center will likely compete with a number of local businesses; b. given other event centers that are existing or soon coming on-line, the Town simply does not need another event center or wedding venue; c. the Town would spend far too much on this project, draining its reserves and cOlJunitting future revenues, which will result in less funding to be available for Ford Park improvements and other Town priorities; d. many or all homes and townhomes along Sunburst Drive will lose substantial value, which could result in additional costs to the Town for this project; and e. the operation of the proposed center would be a money-losing proposition, but if the Town were to abandon its plan and limit itself to renovating the clubhouse only within its existing footprint, it could save millions of dollars, which should make the project an operational and financial success. Requested Actions We request that the PEC deny the Town's request to amend the CUP, which needs no amendments to renovate the golf course clubhouse within its current footprint, as the Town promised was its intent. The Town never mentioned to the voters of Vail its intent to move the 6 18th green or to expand the events capacity of the clubhouse in such a dramatic fashion . As long as it intends to do so, we request that the PEC deny the Town's application. The Town must develop the golf course clubhouse in a way that fits within the existing footprint and meets the needs of the entire community, not the demands of a few special interest groups. Respectfully, r5~}/414U1a Samuel H. Maslak For: Luleta Maslak. R. Glenn Hilliard Steven B . Chotin Deborah L. Webster Richard J. Callahan Mary Celeste Callahan Curtis Olson Landon Hilliard Lee Chapman Sandra Chapman Richard Knowlton Nancy Knowlton 7 1 V GC -Golfer Responses -12-16 October 2012 -still opposed ­ I. 2. ".J. 4. 5. 6. 7. 8. 9. 10. II. 12. 13 . 14 . 15. 16 .. 17. 18. 19. 20. 2I. 22. 23. 24. 25. 26. 27. 28. 29. 30. Ginny Wise Todd Hatami Todd Rash Michelle Nordin Bob Zeltrnan Jason Plante Dale Bugby Bruce Fraser Michael Schwartz Steven Thompson Eric Taylor Scott Savage Geordy Ogden Carolyn DeLuca Susan Newsam Stephen Collins Pete Nelson (fax) Peter Woods Bob Essin Bill Nutt Trudy Howe John Carlson Meg Christensen Dennis Koller Linda DeL aria JeffPotto David Goldstein Mary Goldstein William Reisinger John Ahlbrandt RE: Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: RE: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: "Ginny Wise" <gwiseco@gmail.com> Date: 10/12/2012 11:33 AM To: '''Arthur A. Abplanalp, Jr.'" <Art@AbplanalpLawOffice.com> I AM opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center Thank you, Ginny Wise, CPA Wise Software Solutions Office: 303 .351.3794 From: Arthur A. Abplanalp, Jr. [mailto:Art@AbplanalpLawOffice.com] Sent: Friday, October 12, 2012 11:27 AM Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. Regards, Art Abplanalp Law Office of Arthur A. Abplanalp, Jr., LLC I 10f2 10/15/20~2 1:52 PM RE: Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: RE: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: "Todd Hatami" <todd@riden1.com> Date: 10/12/2012 11:35 AM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> Hi Art, I'm am a current Vail Golf Club Pass Holder and am opposed to the plan to destroy the 18th hole and to convert the clubhouse into an event center! Thank you, Todd Hatami From: Arthur A. Abplanalp, Jr. [mailto:Art@AbplanalpLawOffice.com] Sent: Friday, October 12,2012 11:27 AM Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that . In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. Regards, Art Abplanalp Law Office of Arthur A. Abplanalp, Jr., LLC Post Office Box 2800 Vail, Colorado 81658 10f2 10/15/20121 :52 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of ... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: Todd Rash <toddrash@yahoo.com> Date: 10/12/2012 11:41 AM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> totally opposed to the destruction of any part of the golf course! open space is so hard to come by in the vail valley, no change to 18! ! ! NO A.Todd Rash toddrash@yahoo.com volkl / marker western competition service po 3051 VAIL, COLORADO, 81658 SHIP/ 141 MIELE LANE ,EDWARDS COLORADO,81632 970 390 8162 From: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> To: Sent: Friday, October 12, 2012 11:26 AM Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings hav occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course 10f2 10/15/20P 1:52 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of ... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to ... From: Michellejuly11@aol,com Date: 10/12/2012 11 :45 AM To: Art@AbplanalpLawOffice.com I am VEHEMENTLY OPPOSED to the destruction of the 18th hole and Conversion of the Clubhouse!!!!!!! There is no doubt that the clubhouse needs major renovation, BUT THAT'S ALL it needs. The footprint should stay the same. Michelle Nordin, 600 Vail Valley Drive. 10f1 10/15/201 f 1:52 PM le: Vail Golf Course-Destruction of 18th Hole and Conversion of ... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: Bob Zeltman <bobzeltman@yahoo.com> Date: 10/12/2012 11:47 AM To: " Jr.Arthur A. Abplanalp" <Art@AbplanalpLawOffice.com> Hi Art, I am definately opposed to the Town Councils plan and have attended several meetings and written emails to the town council and the Vail Daily! Thanks, Bob Zeltman. ---On Fri, 10/12/12, Arthur A. Abplanalp, Jr. <Art@AbplanalpLawO/fice.com> wrote: From: Arthur A. Abplanalp, Jr. <Art@AbplanalpLawOffice.com> Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center To: Date: Friday, October 12, 2012, 11:39 AM Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. 10f2 10/15/201f 1 :53 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clu bhouse to Event Center From: Jason Plante <jasonskisvail@gmail.com> Date: 10/12/2012 1:02 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> Dear Art, My name is Jason Plante and I received you email, thank you for your hard work. I am a 23 year resident of Vail and I am completely opposed to the plan to destroy number 18. The town uses the excuse that 18 is a danger zone, that is false, they should look at other holes where the danger is worse. My telephone number is (970)-390=6080. Thanks again for the hard work. Jason T. Plante On Oct 12,2012, at 11:26 AM, Arthur A. Abplanalp, Jr. wrote: lY1embers of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. 10f2 10/15/201 ~ 1:53 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: Dale Bugby <DaleFromVail@Hotmail.com> Date: 10/12/2012 1:27 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> I am strongly opposed to any changes to the golf course and clubhouse as proposed. Dale Bugby 970-390-9600 m On Oct 12, 2012, at 1:39 PM, "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> wrote: Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. Regards, Art Abplanalp Law Office of Arthur A. Abplanalp, Jr., LLC 10f2 10/15/201J 1:53 PM I Re: Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: "bruce fraser" <brucerfraser@msn.com> Date: 10/12/2012 1:34 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> Dear Mr. Abplanalp Jr.; I would like to voice my objection and clearly state; "I am opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center" Sincerely, Bruce Fraser Fraser Construction LLC PO Box 2619 Avon Colorado, 81620 bruce@fcbuilds.com www.fcbuilds.com Ph. 970-904-5597 Fax. 970-949-6116 From: Arthur A. Abplanalp. Jr. Sent: Friday, October 12, 2012 11:39 AM Subject: Vail Goif Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. 10f2 10/15/201 f 1:53 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of ... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: Michael Schwartz <theschwartzisstrong@yahoo.com> Date: 10/12/2012 1:40 PM To: " Jr.Arthur A. Abplanalp" <Art@AbplanalpLawOffice.com> I am still opposed to the plan to ruin #18. I also am of the opinion that many of our elected representatives are doing a terrible job of listening to and representing the people who elected them . -Michael Schwartz ---On Fri, 10/12/12, Arthur A. Abplanalp, Jr. <Art@AbplanalpLawO/fice.com> wrote: From: Arthur A . Abplanalp, Jr. <Art@AbplanalpLawOffice.com> Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center To: Date: Friday, October 12, 2012, 11:26 AM Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 1 0f2 10/15/20L 1:53 PM I Re: Vail Golf Course-Destruction of 18th Hole and Conversion of... c Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: "Thompson, Steven C" <taxman@txstate .edu> Date: 10/12/2012 1:51 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> I am opposed to the destruction of the 18th hole. Steve Thompson Sent from my iPad On Oct 12,2012, at 12:26 PM, "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOfficeetruction of com> wrote: Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destructlon of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. 10f2 10/lS/20n 1:S3 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: Bob Zeltman <bobzeltman@yahoo.com> Date: 10/12/20122:10 PM To: Arthur Abplanalp <Art@AbplanalpLawOffice.com> Hi Art, I forwarded your email to my wife. I assu me that Dale Bugby has given you the men's club lists. That line about only 2 people oppose the town council's plan is total BS. Many people have left town that have voiced strong opposition and some are worn down b the process. Thanks, Bob ---On Fri, 10/12/12, Arthur Abplanalp <Art@AbplanalpLawO/fice.com> wrote: From: Arthur Abplanalp <Art@AbplanalpLawOffice.com> Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center To: "Bob Zeltman" <bobzeltman@yahoo.com> Date: Friday, October 12,2012, 12:08 PM Thank you! I believe that your wife/partner also was opposed earlier. If she could confirm her position, that would be helpful, as well. Art Abplanalp I lofl 10/15/2012 1:53 PM I RE: Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: RE: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: "Eric Taylor" <etaylor@jjet.com> Date: 10/12/20122:24 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> I continue to be opposed to this reckless and unnecessary intrusion onto one of the best holes on the course. I appreciate your efforts in halting this illegal (land use restrictions) act. Please keep me informed of when important meetings requiring the presence of opposed individuals are so I can attend and voice opposition. Sincerely, Eric Taylor 2199 Chamonix Lane #4 From: Arthur A. Abplanalp, Jr. [mailto:Art@AbplanalpLawOffice.com] Sent: Friday, October 12, 2012 10:40 AM Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings hav occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case; then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or 10f2 10/15/2°121 :54 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of ... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: surfdork88 <surfdork88@yahoo.com> Date: 10/12/2012 2:28 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> i am opposed to destroying the 18 th hole ( so i agree w choice A ). scott savage Sent from my iPhone On Oct 12, 2012, at 11:26 AM, "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> wrote: Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. Regards, Art Abplanalp Law Office of Arthur A. Abplanalp, Jr., LLC 10f2 10/15/2012 1:54 PM I Re: Vail Golf Course-Destruction of 18th Hole and Conversion of ... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: Geordy Ogden <geordy007@gmail.com> Date: 10/12/2012 2:34 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> Howdy I am against the destruction of 18. Thank you Geordy Ogden 970471-6573 Stay cool On Oct 12,2012, at 11:39 AM, "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> wrote: Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Go!f Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. Regards, lof2 10/15/20 2 1:54 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of ... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: carolyndeluca@comcast.net Date: 10/12/20122:37 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalplawOffice.com> I am opposed to the destruction of #18 and the conversion of the clubhouse to an event center. Carolyn Deluca Ladies League Member -----Original Message ----­ From: Arthur A. Abplanalp, Jr. <Art@AbplanalpLawOffice.com> Sent: Fri, 12 Oct 2012 17:26:48 -0000 (UTC) Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community eariier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program . We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. Regards, 10f2 10/15/20]2 1:54 PM RE: Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: RE: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: SARA NEWSAM <snewsam691@msn.com> Date: 10/12/2012 3:20 PM To: <art@abplanalplawoffice.com> I am opposed to conversion of the clubhouse and neighboring areas of the golf course to an event center. It would seem to me that this is a rush to judgement and that more planning was needed. I like the 18th as it is. Sara l'lewsam Vail Property owner From: Art@AbplanalpLawOffice.com To: Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Date: Fri, 12 Oct 2012 10:39:35 -0700 Members of the Vail Golf Community: This communication fol!ows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. 10f2 10/15/20111:54 PM I Re: Vail Golf Course-Destruction of 18th Hole and Conversion of... ( Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: stephen collins <stcvail@yahoo.com> Date: 10/12/2012 4:06 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice .com> Mr. Abplanalp, I am opposed to the destruction and moving of the 18th green. I have written my council members many times and told them we did not vote to approve the moving of the 18th green. We voted, and approved the remodeling of the clubhouse only! !! And I will make every effort to be at all meetings in the future as a property owner in the town of Vail. I appreciate your work on behalf of the property owners along the 18th hole and the golfmg community. Please keep me aware of any meetings I should attend. Thankyou, Stephen Collins From: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice .com> To: Sent: Friday, October 12, 2012 11:26 AM Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings hav occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know I whether­ lof2 10/15/20~21:54 PM I Re : Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: PETER WOODS <pcwvaiI1@msn.com> Date: 10/12/2012 4:34 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> A. Peter Woods Peter Woods Associate Broker Real Estate at Copper Mountain 970-470-1194 Sent from my iPhone. Please excuse typos. On Oct 12, 2012, at 11:26 AM, "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> wrote: I Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Va i l Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. lof2 lO/15/20 J 1:56 PM I RE: Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: RE: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: "Karen Henry" <hiltonvaiI1@comcast.net> Date: 10/12/2012 7:25 PM To: "'Arthur A. Abplanalp, Jr.'" <Art@AbplanalpLawOffice.com> cc: "Jeff Wiles" <jjwiles@msn.com> I am NOT opposed to plan; in fact, I now support plan fully to redo #18 as well as expand the VGC Clubhouse. I think "new" plan for both #18 and Clubhouse should be implemented ASAP. Tha n ks, Gene Henry Summer Vail Resident and Gold Pass holder [my wife also] 678-480-4535 From: Arthur A. Abplanalp, Jr. [mailto:Art@AbplanalpLawOffice.com] Sent: Friday, October 12, 2012 1 :40 PM Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. Regards, Art Abplanalp Law Office of Arthur A. Abplanalp, Jr., LLC 10f2 10/15/20121:56 PM I Re: Vail Golf Course-Destruction of 18th Hole and Conversion of ... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: Bob Essin <vailbob@comcast.net> Date: 10/12/20128:41 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> Art, I think anything that shortens the already too short golf course should be avoided if possible . As a par 5, the 18th hole is great. I am sure great care has been taken to design the 18th as a great par 4 and I have been assured of that fact by board member Ken Wilson whose judgement I respect. I prefer the 18th as it is . I am in favor of up dating and enlarging the club house. It should be done in such a manner that does not change the 18th from a par 5 to a par 4. I cannot comment on the legality of making it more of an events center than it already is. I suspect but don't have any proof that the town may be making this an all or nothing thing to the rec board . It appears from the town minutes that not all the council members had the same understanding about using the original envelope but the people at the meeting were lead to believe that was the proposal. I am sympathetic with the land owners nearby that don't want to lose their proximity to the golf course . I am also sympathetic with the neighborhood that doesn't want any more increased traffic and noise above what already exists. I am not sure what the overall economic benefit will be to the town. The figures that they have provided should be subjected to closer scrutiny. One town person with whom I spoke said that they were really only looking for an annual net benefit to the town of around $100,000. I don't recall who said it. It's a beautiful day in Colorado, Bob Essin Sent from my iPad On Oct 12, 2012, at 11:39 AM, "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice .com> wrote: Members of the Va i l Golf Community: This communication follows up on my e -mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting , members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid , because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, 10f2 156 PM10/IS/20 ~2 I Re: Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: "Nutt, Bill" <william.nutt@amg.com> Date: 10/12/20129:50 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> I remain opposed to lying thev18th hole and particularly to the whole Events Center concept .at are the thinking! In this residential neighborhood to put such a thing when ther is so much unused space in Ford Park? Sent from my iPad On Oct 12, 2012, at 11:39 AM, "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> wrote: Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the ciubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. Regards, Art Abplanalp 10f2 10/15/201 1:56 PM Re : Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: "Trudy Howe" <trudyhowe@myway.com> Date: 10/13/2012 6:45 AM To: Art@AbplanalpLawOffice.com CC: Hi Arthur, I am strongly opposed to the destruction of hole #18. As a part-time resident of Vail (not a voterL it was my understanding that the change was going to be a much needed remodeling of the club house. I see no reason to destroy or change hole #18. Trudy Howe 1890 Lionsridge Lp. Vail, CO 81657 -----Origi nal M essage----­ From: "Arthur A. Abplanalp, Jr." [Art@AbplanalpLawOffice .com] Date: 10/12/201201:26 PM Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail 10f2 10/15/20121:56 PM i Vail Golf Course-Destruction of 18th Hole and Conversion of C1... Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: "John@JCarlson" <John@JCarlson.us> Date: 10/13/2012 7:03 AM To: <Art@AbplanalpLawOffice.com> a) opposed John Carlson Vail, CO -----Origi na I Message----­ From: "Arthur A. Abplanalp, Jr." [Art@AbplanalpLawOffice.com] Date: 10/12/2012 01:26 PM Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf commun i ty and ' only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng you; name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. Regards, Art Abplanalp Law Office of Arthur A. Abplanalp, Jr., LLC Post Office Box 2800 I 10f2 10/15/2012 1:57 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of .. , Subject: Re: Vail Golf Course:.. Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: Meg Christensen <meghealthnut@earthlink.net> Date: 10/13/2012 10:00 AM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> We are opposed to the plan to destroy the 18th hole. Sent from my i Pad Meg Christensen On Oct 12, 2012, at 12:26 PM, "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> wrote: Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply . Regards, Art Abplanalp Law Office of Arthur A. Abplanalp, Jr., LLC I 10f2 10/15/201 1:59 PM1 RE: Vail Golf Course-Destruction of 18th Hole and Conversion of... Subject: RE: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: Dennis Koller <dennis_koller@hotmail.com> Date: 10/13/2012 3:40 PM To: <art@abplanalplawoffice.com> I do not think that the club should be turned into an event center. The circulation is too difficult in and out. The old club should be totally replaced when the economy allows. There are enough locations in the valley whether public or private for events. The 18th is a signature hole for the course and need not be changed. Dennis Koller ..Vail property owner since 1974. From: Art@AbplanalpLawOffice.com To: Subject: Vail Golf COLirse-Destruction of 18th Hole and Conversion of Clubhouse to Event Center Date: Fri, 12 Oct 2012 10:39:35 -0700 Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whoie), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. 10f2 10/15/20122:00 PM [ Re: Vail Golf Course-Destruction of 18th Hole and Conversion of... l Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: Linda DeLaria <lindadelariah@me.com> Date: 10/13/20123:44 PM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> My reply is (a). Linda DeLaria On Oct 12,2012, at 11:26 AM, Arthur A. Abplanalp, Jr. wrote: Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the goif community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. Regards, 10f2 10/15/201\ 2:01 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of ... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: David Goldstein <dgmg3142@yahoo.com> Date: 10/14/20124:55 PM To: " Jr.Arthur A. Abplanalp" <Art@AbplanalpLawOffice.com> Dear Mr. Abplanalp, My wife and I have always been opposed to the plan to destroy #18 and to build an event center. That is not what we voted for. We have communicated our views to members of the town council. Regards, David and Mary Goldstein ---On Fri, 10/12/12, Arthur A. Abplanalp, Jr. <Art@AbplanalpLawO/fice.com> wrote: From: Arthur A. Abplanalp, Jr. <Art@AbplanalpLawOffice.com> Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center To: Date: Friday, October 12, 2012, 11:39 AM Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that . i In view of the position of the VRD Board (and perhaps the Town :government as a whole), please take a moment to respond to this e-ma il 10f2 10/15/201 2:05 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of ... .-­ Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: Jeff Potto <jeff@jeffpotto.com> Date: 10/14/2012 9:20 AM To: "Arthur A. Abplanalp, Jr." <Art@AbplanalpLawOffice.com> I am opposed to the plan to change hole #18. Thank You .. Jeff Potto On 10/12/12 11:26 AM, "Arthur A. Abplanalp, Jr./I <Art@AbplanalpLawOffice.com> wrote: Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's ,VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town in June and July are no longer valid, because meetings have occurred with the golf community and only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), please take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center. I lof2 10/15/20122:03 PM Re: Vail Golf Course-Destruction of 18th Hole and Conversion of ... Subject: Re: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Center From: johnahlbrandt@comcast.net Date: 10/16/20128:30 AM To: "Arthur A . Abplanalp, Jr." <Art@AbplanalpLawOffice.com> I am opposed to the destruction of the 18th hole. Jolm Ahlbrandt jolmahlbrandt@ comcast.net (303) 718-8066 (cell) From: "Arthur A. Abplanalp, Jr." <Art@ AbplanalpLawOffice .com> Sent: Friday, October 12, 2012 11 :26:48 AM Subject: Vail Golf Course-Destruction of 18th Hole and Conversion of Clubhouse to Event Cente Members of the Vail Golf Community: This communication follows up on my e-mail to members of the Vail golf community earlier this week related to the destruction of the 18th hole of the Vail Golf Course and the conversion of the clubhouse and neighboring areas of the golf course to an event center. I'll try to be brief. At yesterday's VRD Board meeting, members of the Board expressed the believe that the objections to the program referred to above which were registered by golfers with the Town i June and July are no longer valid, because meetings have occurred with the golf community a d only two persons remain opposed to the program. We would be surprised if that were the case, but those with whom we are working in opposition the pending program consider the golfing community to be an imortant ally in this effort, and, if that's not the case, then we need to be aware of that. In view of the position of the VRD Board (and perhaps the Town government as a whole), pie se take a moment to respond to this e-mail and let me know whether­ (a) you are opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event center, or (b) you are no longer (or never were) opposed to the plan to destroy the 18th hole of the Vail Golf Course and to convert the clubhouse and neighboring golf course area into an event cent r . Because responses without names may be difficult to identify, includilng your name would be helpful, regardless of your position. Thank you, in advance, for the courtesy of your reply. Regards, Art Abplanalp Law Office of Arthur A. Abplanalp, Jr., LLC Post Office Box 2800 I 10f2 10/16/2 0112 10 :54 AI Vail Valley Suite 310 Warner Professional Building 2 Post Office Box 2800 Vail, Colorado 81658-2800 Telephone : 970.476.6500 Telecopier : 970.4 76.4765 ( Law Office of ARTHUR A. ABPLANALP, JR. L.L.C. www.abplanalplawoffice.com Art@AbplanalpLawOffice.com Fort Collin Suite 260 Historic Miller lock · 11 Old Town S uare Fort Collins, Colora 0 80524 Telephone: 970 .4 2.6900 . I Telecopier: 970 .4 .6905 MEMORANDUM To: Vail Town Council From: Arthur A. Abplanalp, Jr. Subject: Vail Golf Course -Fairway Destruction and Clubhouse Conversion Date: 18 September 2012 Members of the Council: As the members of the Coundl are aware, I am one of the attorneys speaking on behalf of the owners and residents of properties adj acent to the 18th hole of the Vail golf course in connection with the proposal to destroy the 18th hole as it is currently configured and to enlarge and convert the clubhouse to an event center. On this date, the Council is scheduled to deal with two matters, one being the follow-up to the meeting on the 4th of September, and the other being an update on project design. Accordingly, this Memorandum will be limited to the history of this proj ect to date and the design of the proj ect. 1. The Town has received a good many comments which almost universally oppose the project for the clubhouse and 18th hole as conceived. No action should be taken to destroy or in any way change the 18th hole of the golf course until everything is sorted out and there is a final determination regarding 1 whether the 18th hole must be modified in order to accommodate the actual plans for the Clubhouse which are finally approved and authorized. It has been demonstrated through the submittal of alternative plans that the clubhouse can be improved with expanded area in a way which preserves the orientation of the golf­ related activities toward the current 18th green and which preserves the 18th fairway and green in their current configuration, and which saves the Town something in the range of a million dollars on connection with the activities related to the 18th hole alone. No one understands the Town's determination to destroy the golf course and the neighborhood, unless the purpose is to simply demonstrate that the Town cannot be defied. Those in the neighborhood would prefer to believe that this is not the case. 2. Some in the neighborhood have suggested that the Council look to its mission statement and related principals. These include the following: Your mission is to provide to the citizens of Vail, as well as your guests, superior services, and outstanding environmental stewardship. Is the destruction of a central feature of the golf course and a neighborhood consistent with that mission? Your values and commitments include respect, trust, integrity and collaboration and the provision of transparency, accountability and fiscal responsibility. Is the process of ramming this project down the throats of the golf community as well as the affected residents an example of those values? Is the violation of your commitment regarding the use of the conference center funds last August an example of that transparency and accountability? Is the unnecessary expenditure of what will almost certainly be more than a million dollars an example of that fiscal responsibility? The neighborhood thinks not, and the golf community thinks not. 3. The Town has asked the Sunburst Drive residents to communicate their concerns about the Golf Course project to the Council. The Staff prepared a "project issues report" that purports to represent the concerns of the residents . The Town's summary of the list of issues was presented at the last Council meeting 2 for input from the residents, now that this input has been received, the Town Council is avoiding any mention or discussion of these concerns, despite the fact that the Council agenda and related material indicated and currently indicates that . the entire purpose of the process is to get feedback from the Council. This process hardly demonstrates any real effort by the Town Council even to consider the concerns of the residents or to let the community know either why the Town is so detennined to create a project which creates such universal animosity or why the Town is so determined to ruin one of the most desirable areas of the Valley. 4. It is becoming increasingly evident that the intended intensity of use of the events center will be an aggravation of the nuisance which has become an increasing problem for the neighborhood. This isn't something which the neighborhood has accepted in silence. Attempts have been made to get relief through police, but the police, though courteous, have been limited to solving problems after disruptions have occurred. The disruptions to the neighborhood and the nuisance have continued, and the police have better things to do thari spend their time dealing with unruly event attendees. It has been suggested that events will be held 100 times per year. This would be twice each week if the events were evenly distributed, but that's unlikely. The most intense use probably will be in the active seasons -winter and summer. If events are to be permitted in the reconstructed clubhouse, the events should be limited so that the residents and neighborhood can have some peace. Events should be limited to not more than four times each month, with not more than two events each week. Even that disruption would be a nuisance which would destroy the quality of life in the neighborhood, but it would be significantly better then the unbridled use which someone apparently has in mind. . The design of the new clubhouse isn't a single-meeting agenda item to be dealt with on the basis of plans which were developed through momentum created by an extended period of in-house efforts uneffected by and not involving either the golf community or the neighborhood. The project needs to go back to the fundamentals. What can be done in order to create a clubhouse consistent with the representations of the Council and the Town which resulted in the approval of the 2011 ballot issue and in a manner which leaves unaffected a golf course configuration which is valued by both the golf community and the neighborhood . . This can be done. We have shown you how it can be done. There is no reason for . 3 the Town to be so determined that it must be done in the destructive manner which is now the planned course of action. The Sunburst neighborhood requests that the clubhouse plans, which are the catalyst for most of the problems involved in this project, be abandoned and that the Town go back and initiate that process based upon the premise that nothing will happen to any part of the 18th hole. xc: Sunburst Neighborhood Re-zoning/GU District ± (6'-0' M.A)( AT INTER IOR CEILlNG -----. to t 2'-6' t.l AX.AT INTE;RtOR CECIUNG '---"-1 FOR A SLOPING ROOF. mE \ -FORA FU,T ORM.IINS ARD ROOf, HEIGHT SHALL NOT EXCEED THE HEIGHT SH All NOT EXCEED HILLIARD GROlJP, LLC R. GL£\\ Hn.LL\RD 4 Septemb e r 20! 2 Honorable A,ndy Daly and Members of the Tov,n Council TOlAn of Vail 75 North Frontage Road \Vcst VaiL Colorado Via F.-.[v1aiJ Rc: Vail CiolfCourse Cluhhousc and18lh Hole 'Sunburst \!cighborhood Impacts Dear Mayor D~"Jy cmd \ '1embcrs of tl lc Counci l : As the Council is aware. I am an O\vncr orone ofthc properties adjac ent to the 18th hole of the Vail golf courSe. in Lonnectiol1 w ith the 10\\'11'5 proposal to destroy the 18 1h hole as currently configured and lO enl ar ge a nd convert th..:: clubhouse into an cvent ccOler. I haVe heen ad\'i sed thar my opinirl11s a re shared by most ()t' my neighbors. it remains the I'lope and ~()al \) C eil! c\)Jh.:ern c d thm th e s e matlers ma y be re sol\ed reasonably ane! amicably . and it is in ihal spirit and bope tllat this letter has been prepared. Bcc~1U s e \}f long-s tanding busiT1c 's commitments. J am unable tu attend the flkt'ting of this date, and then.::t 'or.:: our tllOUghts must be commu ni cated to yuu in this manner. No[\\ilhslanding the t~ll.::g()ing. it :,,(:('ms to be an unfortuna te reality that this ~ommuniCaLi()n is being prmideJ to the T0wn of Vail in an e tl~Jf1 to res olve a dispu[.:: which may result in litigation. :\c c ()rJil1~ly. we have be e n advised by our legal counsel t hal. under Rule 4(l8 ut' lhe Colorado Ru ks of Ey id encc . neither this commu1lication nor any part ()f it nuy be used in 2m) proceedi ng wi thout the express \\oritten consent of those on whose behulf it is being dinc>cl e d to the T O\\11 of 'hILl. inclu d ing but om necessarily hmited to thos(' nam0d aDU\e. At [he C ()uncil meeting on the :2 I ~t 0 f :\ug U:'it. \byor Da ly re quested lh;J[ lhe Sunburst neighborhood identi fy the i:;sue s \\ hic h p os ed th reat s to th eir properties eli1d sugge:;t solUlions \virh which the Town c()uld dea L ..-\lt llOugh many of these issues have been raised at vuri()us limes during rec ent \\l:'ds . 1 3111 submining this review ot'those issues and pos:;ibl e so lutions for con s iderati o n by t he Cou nc il and Town staff. An o vcr!'iding C(q 'JsiJeraLion is. of C\lU l'..e . tha t the com mUni l) (b oth the neighborhood '-1llcllite ~()lfc\lmlYlunity) i ~; o f' lhe o pin i()O tb al lhe ClIlT 'Ill J) pn posed prog ram as a whole is ur :clcceptabk. Ea ch idenlili ed issue or i mp ~l cl Celli un ly he proper iy addressed by ab ,mc\onme11l of t he current directi011 and b ~ agree me t \0 preserve the l8th h ~)k ,en d green in their curren t config urali o n a nd [0 re ·O lbtn k . th e cJublwu:,;<.: as t he C oun c 'l ind icatcd in .-\ ug uSL 20 11. \\OU Id (1 CCur -\ \ i' hi n t he t~., Itpri m () Crh Cl !Te nt hui ld ing Wilhout any late ra l c:xpansion. That is \\ 11 "l the \.ulc rs appro \'cd a nd that l s ,vhat th e nc:ighbors. cil ize ns of VaiL an d go lf rs support and uesc n ..::. 28'0 Pr: .\CllfflfL RO\J) -13 0 .\ 50:' --AIL.\.'T\. C" 30305 PIIO"r -40-1-;45-9-"0 FA\ 404--.t5-\)751 ,-\ review or some of the major iSSLl~S and impacts idcTllif'icd by tbe' neighborhoud and the solutions proposed in order LO resolve those issue :: or to mitigate those impacts f(lllows: 1. Issue: peveI012ml~nt9f Prg<Jram Without.]'j!p,elv ~.!1gbJ)Qrh()()g~ G.Q!J~.r...QL9th~IJIl}~gJ~'em~nt. 'fhe Town failed to engage the neighborhood :mJ many others durin g the development of its plan for conversion ofth<: 18th hole and the clubhouse until aflC:r their plans \\crc fully and pri\'ate ly de ve loped. Even the tlrst notices \\'h1cll were circuimcd to the neighborhood. in connection \.vith a Planning and Environmental Commission on ,he 14th of May, were misleading in that they referred only to matter=, related to the "clubhouse" and not to the area (U'ound the clubhOUSe. the 18th green or the ]8[h fa irway. all of which were to be dramatically impacted by lhe course of aClion which \vas under consideration at ti1<::ll time. It was only after [\\0 neigllh\.'rhood o\\ners realized the impact oflhe program at the lime oflhe PEe meeting lhat othel' O\\lh:fS in the neig h borho od were made dware of the llm:m. By that time, the Tcmn dron ~\pp nrcntl!' had Clchieved a m Ul11elltum and an Inlkxibk p():ilion thm rendered the upinion and opp osition of the llcighborhood, the goliint; community. ViliJ voters a nd citizens. und even some of the members of the VRD oj' no c(lnsequence whatsoever. Action Reque sted: 'rhe C(l ulleil should \ote tli3t the L'urrenl plan be oUicially abandoned and the To\\ n siwn ld hOJlestly an d openly engage the taxpayer!'. the golf(:rs. lhe nei g hb.)J's and other int 're st e d parti s to develop a plan which is directed to the n ds of the community not sim p ly the needs of spec i ~:l interests in th.: b U t'in c.,~s c\)n1J m m it y . That community need 1S the ~uthorized e"pclldilure of t he cOl1\cncion center fu nds. which is one project -the crcation o f a world class golf cl ub hou se -none of which Ikcessitmcs nr ir1\'ol\'(~s c h< ng in!,! the 18th t'ainYJY o r green . ., Issue: Size((:ajlacityof Pr~ject..\o lwithst::mding sUltell'lCnts to the cI ,mtrary by some l()\\·n r r r .:;scnt~ni\ e s . the material created and circlJ1ated by the T(m n clearly indic ate . l h~H the Town intends to create an event center accommudJting appro:-:imat el y t\\'o hundred people. in order to satisfy a perccived need for cwnt space greate r til n [he effective capacity of 00110\ an Pa\'ilion . The plans l)l'Ovide d by the Town dated "April 17. 2012 " :lnd id cm iited as Option 3.1 eSTabli sh that [he pbllned space is inknded to accommodate F\cnt Space ';"-:UCi P~o :,Jc and the same ilo,Jr pl an \\ith r e ler~~nce to th.: "E.\cnt S pace" \\JS identified as an "h ':;-,t R\)om" on plans idenri tieG as Opti 11:;. I dated "1\-13)' 23, 20 i}", rile ricH1S ineii 'ute [hilt the "Ewnt Ro om" e nco m passes 2.7S0 sf which docs nOi count t h e CO\ creel p:lli(). \.\h ich comprises appr\)ximate1y 1.500 sf :\Jditio ll<lli y . the plans call Co r a p r ~-fun cTinn room and \.llher space related to the c\ent center comp rising well i ':.\C6S \)f I.uno sf. bringing the total square fnol (lgc of the dedicated event center facilities to something in the area of 5.500 sf Tn comparison. the golfpro shop is 1.627 sf the member facilities appear to be somC\Vhal smaller than the goIfpro shop. totaling approxirmnely 3.000 square feeL There can be no doubt that the planned facility will be a large and substantial event center with coincidental gol f space ralh..?1" Than a golf clubhouse wh ich also occasionally serves otber community functions. Action Requested: AgJin, lhe current plan should be abandoned, and the Tovvn and its :;taff should consider 8. plan based on the needs of the golf and neighb\xhooJ communities and on the authorized expenditure of the convention center funds rather than the needs ()f a small special interest group. Thi s is one project -the creation ora wor ld class golf clubhouse .. \\'ithoU1 any e cre ct on the 18th fain\ J.y or green. If Council nllo\\s the plan to proct'L'cL the-n the project should be redesigned in a manner consistent with the cLlrrent foot print and us c of tIle golf clubhouse facility. \\'hic h can dccclmmodme approximately 120 pcclple when Ih) r (lthen\isc nee·eJed to :ouppon the golf course Jnd golfing community. and which plan doesnol necessitate an;: move or change in the 18 rlt hok or green. 3. Issue/Impact : Oricrltation of am Event Activit\' An~a.rhe impact UpOl1 the reside n tial n..:ighhorhood is gn::nte,'t when event· arc heJd (1) the sOllth or southeast sid e \)f t hl: clubh oLl se. While golf-related and reslamum-rel a k·d activities in tili s area me ()bviolls/y acccpwblc JS currently ll1ili 7 d by golfers and diners. olher ~recia l events wh ich have been held in lhi:; area hme regular1), been disrupti\\;;" to the neighbor11Ood and have resui1'e d in c ~t! l s for law cnforcerncllt ::t ' S i SLC lllC(,". which assjstance has gencraily bei.:11 indTecti\'c. We re tb er e to be activilY bcy()nd the current patiu ::m':cl of the clubhouse. tlk' impact \.\'outd be e\eD more aggra\·ared. The owners emd residents o f th e neighbo rhood have urg ed lhe Town to in \'C"sti gate ]()cal ing an y [tltcrn m i\(~ (;'\'ent or aeli \ it) arc] td thc k)Caliol) Jbo\c the current gol t' carl storage area. b t there h<.1s been no in<.iicmi\)l1 that thefown is \\ ijJing to make (\ cn preliminar; inquiry inw that possibi Lly ..\:'i a r03su lt, the 0\\"I1Cr5 anJ re ~iden ts engaged an LU'C:hitecl to determine whether tbis su gge s lio n vas f~:1sible and. if so. to de\'elop preliminary p lans base d up on that c oncept. Durin g the course of tho se efforts. the architect determined that the su gg cs te d ~ Itemative conligurat io n was praclld l alld identified s ~\'cra l s ig nilkaot dc>ficicncics in the pians 111 0:';l recently under co n s idc-ration by {he rown. The C01.1CCplUal plal1s \vhich we re ck "'clo pcd as a p~1I1 0 . th is c Oon (ccompany lhis c-mai l. These plans are inte nded to creme a space which (a ) generally conCornls to the cur re nt loot prinl of the duhhu usC'. (bl aCCdi11ll1i.Xbtes :J.ppro\ln13.tel~ 120 p~o p]e . (e r takes e vc'!) gre~1ter ad\a!1LU~": u J' the Gmt' RclilgC \ ie \\ rhall th plans JJlosti'cc em!y under 3 consideration by the To\.\n. (d) Cfe-utes 311 attractive appearance from th.: north, which is the "public face" ()fthe clubhouse facility vvith reference to [nicrslate 70 trafric:. and (C) resolves incorrectly percci\'ed safety issues and avoids any n.::cd to move the 18,i; green or .eduee the length or playing impact of the 18'h hole. Action Req uested: The imp3ct of t he contigl1fation of any area \vith increased acti\.ity on lhe .:outh side of the clubho use \vould be significantly reduced were that activity [0 ,leCill' on the north side of the clubhouse. and the T o\vn should make the commitment and direct the planning staff to provide 1hm any sLich acti\jty area would be \\'ithin the current build ing footpriJ1l and locmed on the north side of the c \ubhol1se, generally away hom the: resieknces in rile neighborhood. preserving the l8th fairwuy and grecn. tile g\)lfrc:stuuranr and golf operalions on the south side of the clubhouse. thereby pro\-;ding a more interesting and ~cenic potential for eve:nts. appropria l ~ scaling of ttlc eVent space and insulating nearby residences from evem opermions. 4js:;uc: Pal·ki~.I_.CongestiQ.!! and Slif£tr Issues. The Town has represented lhat it in t ends to rely upon a parking arc:} of virtually lhi: same size as the current parking lot in order [0 av\)id appropri3ling the eU1Tent 5i Ie \)1' the 181h green nr Nher s pace for parki ng purposes. The To\,·m has, howc\'er. indicated thaI this plan i-subject ro the rec:uirements of the PEe and the Design Rcvj<.)\\ 1:1oard. \-\-hie h could render the commitment of no further parKing exp ull . io n meaning le ss_ Decatlse it is unrealistic to ('xpect either the PEe or the ORB to permit the dnmatic c\jxlIlsion of the facility explained in #2 ahc)ve wlthoul significant additional parking. The Town had e"lrlieI proposed moving the current elltrances to parking toward the SOL1lhwhich \,v('ula h::1\,(' created si=,l1it~Ci;1JJ! llI1m:CCS:,<ll)," and Ul1Ctcc: <..:p"tJ.ble child. biker. an d pedeslrian '-,~dely icOLi;C:Slion issues, butlhe latest informatioJl available indic<1t.:s lh~ll the ~:;tranc('s \\ill nOl be moycd. which is an impron.'111cnl in the vori\)<;;aL Action Requested: Again_ the current Ia n sJh)uld be a bandoned. and the Town ,m d jt ~ slatf should plan for the needs of the conil1Hmity and the authorized c\.p.:nditllrc of the comcn[ion ce nt r t'llnds rather lhan the needs of a narre ,w bU5incss sp ecial illl er ~s t grIm]). This calls f~lr one c f fecti\';;:: and much less e:\pensin' p rojec1 -crea tion of a world class gole clubhouse. The sC:1.k reduction to the curJ.'e11l J20 people also minimizes the lk'eu for additional parking. a nd lim inales the CUSl and safet;: issues which :.m ..' Jggr:)\"m~d with additiona l p opl t . increa se d facility scak and lhe re\ocnioJ1 01' [he p a rk in~ lot enti'J.l1ce S. The parking Oil the premises slh'ldd h,' !)('rmilLed onl y i\)]' g o Jt~rs <Uld reL,lc'~l aCli\·il1cs. and :,i J persons alltnding c\e rllS should be required TO Inke bus lTa\l .~l~()rtali()n [u and [l\ )!ll (lIT-sile JU<":8.lions. To assur~ 4 compliance each spon sored e\elJ[ mnSI be required to provide and pay for law enforcement offic ers whose Juties \"Quld include parking and safety s upervision , as \yell as monitoring and supervising closing. noise (v\-illl a ppropriate noise m e asuring eLlui pment) and other measures appropriate to usages which are in the m ids t of a res idential comnmnity, .) lssue : J)estructiou.Qf 18th Fa i rw::!v ap.Q Green. The change to the 18lh hole was em ide a solely conc.::i\\;L\ because of the Council"s r1an to create a large event space o n the south side or the clubhouse. The perceived safety issues were il1\'cl1led by Council afte r the facI to create:: a justification for the current and subsequent event \-enuc plans. Based upon this Ilawed analysis th e Town intends 10 cut ~)tJthe western lhird oCtile 18lh hole and lO convelt that area illto something undetermined. Ev e n v,ere the "no additi on al parking" commitment of the Tov-m referred to in :.f 4 credible , the uncenainty reg ardin g \\hat might he created in space va caleJ by the remo val of the 18th green and the \veslcrn part o f the 181fl rainvay prevents the nei ghbor hood frOll) having em y reliance o n what might hap p en [(1 thm 3r ea. exposing the O\\ners and residents [0 a n:mge of objectionable useswhi c lJ m igh t h e pennitlL'd by a co nditional use permil (which pro\id es a "blank che c k"w th e TO\m) und r eYen The OUld oor .Recreation b)ne district. The possible activities which have been most recently identified in cOll nection \\.ilh the Council meeting on this d:He are a ll obje clion~i bJe l~) the ne ighbo rhoo d. beC a use all s ub::;lamially incre ase the inva~i\'e naTure ~)f the pro p~)s ,d and viulak the privacy of th e adj~)in ing re sidence, Action Re lj uested: ~l, T o sh~)w it s ~')od f<l ith in th e nc s 'otiati o ll pr(lCCSS Cuullc il s hould reop en the is :;;ue of tb e j Slh fair way and green an d \ Ole t o re tclin lh e I g i l; fain\<l \ and l.'.l"cen i n its curren t cOl1 ti ulll"m il)!) f8tller I.h:m destro\inu lhe " I ~ d J 1() Ih ' J ", I ' I ...• ~ '1va ueI ot 1Ie co ur se an' l1(, 0 ),0 e as is t le C~be \\ltI1 curn:nr C Oll11Cl plans. b. Recog n ize th at th e d es tm.::tion of the 18th g reen is unlle cessary. \Vi th the C\'<.: I1t s pace nHwcd to t he n()l1h sid e o f the clubh Olls e . the 18th holt as i1 pdt" 5 jini :::.hing hoie Illay be pre se rved. as it is c urr em l:­ co nfig u red. c . ...\n;-uS e 0 Cthe s ilC ()f t he 18t h gre n Clnd the so utll\vcstcm pan of tIle cLinenl 18lh fairw a y Sh OLld be: Ji scLlsse d with ::md 11m dic[:H cd li) th e neighb o rh ood. a nJ ~Iluwcd uses shou ld be joimly determin ed pri o r to :111) p rogress O il t he projcc t a1)(1 'i h ould be tbe :::ubkct ()f a :<"':;,dly b i :ldiJ1:', \.'()mnlitmel1\ on \hc pan \) f th 'l"owll up on \\hic h {it.: ne j~hbo rh ()()d can rely, :5 --------_ .­ 6. Issue /Impact: Noise. The noise generated fr ()lll the ClllTent operation of the clubhouse oft n c()l1stitutes a nuisance to the neighborhood even linda currem circumstances, and with the increased operations one might e x pect with ::111 expandc:d and more frequently used event space, the problem will become more serious, The issue related to noise arise s from several aspects oCtile project currcntly under consideration by the Town. including bL11 not necessarily limited to tile fo llo\\lng: a . Orientmion of act iv ities. The effect of activities \\itbin the cluhhouse structure may be controlled , but when those activities occur outsid e rhe structure. they ar-:: uncontrolled. As nNed abOVe', adivirles outside the structure on the south or sourheast side \\oulcl have a s ig!l iJicanl n gm ivc i mpact on the ri::'~idences 0" the ll eig hhmit i.)od, as they h8ve in the past. Any event space should be located on the Ilorth side of the ieconstrllcfcd structure'. b. L a d:. of effcc [i \'e control. /\ ~ lh)ted abo\'e. the [0\\'11 do~:'i not currently dkcti\'C'ly (;ontroi c:\ccssive noise nor apprl)prialdy respond to comp la ints of e:·;cessjve noi se . I fan e\ent cC'mer is C1'CdtcJ \\ hich dCCOmn i0 c!mes more people und morc events, the impact of e Vents on the neighbo r ho od \\ilJ b-:: even greater ,md more freq U~i1l, c. \lusic und other noise must be contain ed inside th e main building rUl her [han OJ) a patio which cl i~(;ns toward the neighborhol)d or in other exkric1r lo catiu n :m d should be l im ite d in \01 ume. The gen c-r::lti o n o f n1u",ic an d o ther n,1is e inside the building could be cllnfined . but w jtl; such th.inss as sliding or l~)iding doors or wind ow' on tile sonth Or sO lltheast ::;ide of the stru c ture ., the ctkct of su ch a Cl ivitic:s wo uld be m agnili cd an d c\cn nwre of:1 lluisance than past experience:';, The gcner:1tr o n of music and o ther no ise from actt \ities outside i h ' building would he intokrable . both because Oflh c proximity o f the residci1('cs and th e f~lct that the hll il l ing its "ifwo uld creat e an amphitheakr effect nl ag nii)ing the \'ulun1c l)fs LlCh activ itie . Suc h acti vity' should be prohibited . d. I-To ur:; of' op 'r ati o n. ['.ell unckr currcnt practice, activities at the clu bh ou se h ave permirh,:J a c tiv iti e s 10 continue , g e nerJrd lllu s ic ano uther noise \Vcll pa s t lli:()()pm, and occasional ly IX!:'i l m.idnig h t. With. possibk increa sed crowds Hnd opaalloll s. su ch imp ac.s \\'i I I b..-: c",ag gec.,ileu and prevent thos~ in [be neighborhood C],()111 even experiencing the opponunity to ha ve peace and quiet el [ a lLlte e vcn ing h Oll r. 6 Reso lution: -Operating cmd usage must include cl os ing all acti\i t ies no later than I 0:00pm, nnd r~quire thm Cl la\v cnforcement o tliccr with an appropriate sound measuring de vice be present during all (,vents, with authority and tool s to sLlpervis e :;a fety, noise , and other issues . -With reference to orientation of acti vitie s. activities oLltside the struclure should be prohi bi te d. -With refet'cnce to Ia.ck of effective control. the TO\Vll mLlst establish a program by which la\\' nforcernent officers are required to be present. have asccltainablc s tandards Cor noise Cl.)IlSisrcnt with:l residential neighborl1o\)d. have tbe 1001s to measure tJ1e impact of sounds from the ciubhoLlSC area \\l1ic11 arc impacting t he resi d e'midl neighborhood. and have the LluthorilY and dire c tio n Crom 1h(' T o wn w cn!clrce the stnndards relating W Zlcti\ity gCllcraLing: nl1i sc. -\Vith reference t,) cnn1i!:1-Llf3tion. an y t\:-:con')truclion of the clubhouse should prohibil doors cll1d \\ i ndows wbi c h open in a ma nner exposing the neighborho od to n( ise generated from the interior. a nd shouid be located on the 110rth side 0 I' the clu hhou se. -\Vith rekrence to noi se ge nerated o ut s ide the clu b hou s or a ny e \ent or act ivity center , the gen erati,m nf r}(l ise OUTside t il t> hui lding or which opens to the outside ::;lh)l1Jd be prohib ited . -Th ere shouLI be 1'1\:-5 nt 1'01' each C!\ enl. at {h(' e:-':'I}~'{1se ()( lb~ us..:!' oj" the event center. one ()r nlllre Ia \. C!l f(,)fceme nt \)[f1ccrs in order 10 assure cC'I't(linty of c(lmpiiallce \\ilh clll S:it'c IY. )wi sc. and tlpcrming rules. 7, Ts s ue,lmpacl: I.:-lghling.Lighring associ8 t d with c"clling acti\jt i e~ \\i 11 be a nuis anc e to rhe ncighborhood in ~\:'\'cnll respects. Bc:caus e lighting for 0Ulsidc 3Cli viti e s will most Jikdy be :t f fi. 'ed to the building, it is lik ely [0 be aimed outward, to ward the re s idences. creating a contimling glme Ekcau::;e uf the lk'cJ tor adequate iighting, it a lmost cenainly wili be \ii' ~In intensity \\h ich i lJuminat '5 the adjoini ng properti .:s as well as the c,cnt cenkr area. Be-c aus e: lightin~ will he required heyond the period whe n the e\eilt occurs. it C~ltl b exrecle d to be a problem he:yond J 0:00 pm. result in g in an ag gr~nded impact OIl the neighbori:1g residences. Reso lUI ion: Ligh t j ng sh o ul d he Ii m.ited to pennanc11 1 lighting (temporary lighting being prohibited) and shou ld he required to c0nform \\ilh the TO\Yr!':j in directlicllt ins cr itc:ri~l umilhc uper,n iomtl plan ~ltOLlIJ reyuire 7 I Ll1at all c:\terior li ghting be extinguished by J 0 :00pm. except for lo\\' wanage lighting as currently installed and required for pedestrian safety aJo n g \\·alks. 8. Issue /Impact: Erratic Behayior andL!!~I<._QfLaw EnforccIllJ!}}J . Exp eriences during the paSl operations have established that therc is no effecti\'e s upervision of functions not related to golf at the ..::\ubhousc. whether weddi ngs or other e\,cn t s . As a result. the conduct o~' tho:;c attending sllch evenrs is of-ten OUl of ('(HltrO\. resulting in safety issues and disturbance h) the neighborhood. Call s to ];:nx enforcement have been ineffecti\·c. Action Req uested: Any operati o nal pJ:lll should re q uire the presenc e of at kast one la\v enforcement I)fficcr at t11e premises dLU'ing any cvent. and lhe la\" cnforccmenL officer must have authority ilnd responsibili1y TO (:nforc~ <Ipplicabk rules and have communication with and be able to respond [0 nuisance complaints reJared to activiTies :If thc event center. 9 . Issue/Impact: Tegts. 11't11e sOll thwesl e nd oflhe current 18th hole is abandoned as i.l gulf ho le, there \vili he pressure-i()\, if not a preslImpt ion of lise of that mea lur e\'cnt teniS. Such ll se wil1 hr ing all of' Lhe foregoing chalknges -noise. ligllting. unruly behavior. eic . -into even close\' proximity to the r cs iJenc ~:-; . as \\'cll as m ,jking mor~ li kely tresp a.<;scs onto /the n:sid('ntial prope rt ies. The in.l~)J1lLl t ion circurakd in association with the Councii illectin~2 nl1 this J at e indicd2:'-1hm lcnts wiil be pwhibited at private fUllclion s hut Hid) bl' p l'rmi rt ~J al pub lic functions, but pubJic functions arc no less cl l1ui:;al1ct or il1\':J s ivc that ar~ private functions with reference to this aCli vi ty . ;\Cllon Requc. ll>d: The use or pr es ence o f le nL in conneclion with :-lctiyitics Cit Ihe clubho use l1r :m y e \'~l1 t cent,'r mus t be prohihikd . 1() Is sue: ResontIg1,lJ::!!.!i9 !.!.. of D r!~J!!g Range "'e~~. The supposed safety conc cm rdme d to the dri \-ing range is an exag ger ation, if nol a fiction .. which is heing lIsed to ju sti(v J pr ed ' lenn ine d plan, which has hc ~nlargcly admiued by the To\\'11 during it s public m etings and in private cOl1\ cfsa rio ns wilh citi zens. T her e exi s ts no 1'1::" son for a reconfiguralion of the driving rang e n t·. an i their exte ns ion or recorriigural ion would be a distrac t io n for golf, rs as well as lhe n~ighb0rh o o J (J11i..l tli()sc dr i\ing. \x ulking or hiki n g in the area. \Vhi!e it is goo d to \)bsef\'t' thar t he qu s t ion o Cdri\';ng rang e netting is uncelwin, t il t: qu~s tion should be d im i natd enri rel y . and th e cu rrent dri ving range nelting should be left in place. Action Requested: Leave the driving range HC1 S in lheir current configuration \-vhich \-vould rc s ul1 in significant financ ia l savings J()r the project and no incre8::;c in safelY issues. 11. Lssue:L.!i<:.KillJ?tlm:. ttQ. Protect R.esidences. Whatever ac tiyities occur at the current parking lot. the c urrent cl uhhou se sik or at the current Jocation of the j 81h fai rway and green, the various impacts on the residences whic h a re descrihed abo\ c \\il! k significant. At Donoyan Pavilion, the nearest residence to the building approximately Twice thc distance as is the ne are st residence on S unburst Drive to the Vail Coif Course clubhollse. In addition. ar Dono\[ll1 the neal'by residences are a Jso shielded by Go re Creek and a vvide ::m J. dense grov,:th of evergrecn trees. 1fthi s project gOl'3 forward in a ny manner other lhan by simply creating a I.luality g olf clubhouse w ith no s ignificant event Llcility, tile neighborh ood residences will experience su bstarni al reducti l)n in value and will 1'I:quire in cre ased prv tecti ()l1 fr om both parking activitie s and evcnt functions. Act ion Re q uested: AllY de\·clo pmem p lan 1'0 1' th e: ;,ite must include s ignificant buffer 8rCa:3 and Ceaturcs to pro L-:cT the neighboring re sidences trom parking and evel1l function s \\ithoLit affecting their vic\vs or a biJ ity to enjoy those properries. The nprropri at e buf fer for any rcsidences currently adjoining or ac ros s th e streel trom the parking should he re­ es tablished , and e:--.:ist in g treeS [et a in ed :l1l d ncw trct's . gre ln Sp3C~ eswblishcd. '')I ~. ISS Ue: Acc~ss fro m Sl.!!!.9jlrst I)!.j'y~. T he rel oca tion of lhe p ark ing cntrance a nd exit poi nt s cre ates signilicant hazards to cyclists, chi ldre n and ped es tri:m s us i ng Sun bur st Dr.h·c beca use of the Jimited sight distance l O lho.:· s outh east (lfthe propo se J entry . fu ny ..::hildr..::n . fumilie :;, and indi vidu a ls ll Sc thI S bi ;,:e path rOli le and the To wn lllust not e'\pll se them to unne c6sary s ub.lami al r isk ca used by he par king lo t cn tml1 ces being 1ll C\.;:d south . or by ..:ar s being alio\\ed to park al ong th c STreet. Reqllcskd Ac ti ,)Jl :fhe To"n sh ou ld eng a ge a qualified safelY profcssiilnal to (;'xa mi n'':: t he aclual revi sed sight distance and the re a clion tim e Clv8ibblc to cyclists and drivers (in cluding b ut n011 imited to bus drivers) in lll·dcr lO de s ign lhe entrance I)oint and exit p int in a man.ne r rrm iding :ld eq uali;;' reaction time 1'\") 1' cvcryCll1e using Sunburst Drivc a nd the bike path . and the l\~:;triclion on park ing al ong the road must be stri ct ly e nforce d . All c;Vent s mU::;l pay fo r a law el1 torccmem ()ft~cer to moni to r th is cmd other issut::s . 13. Tss ue: Unc~rtain1yJs.~ ardin.~Zoni!:!g .and D c n~Jopm en! Plall~. BecaUSe o fl hc broad opt io ns 3\'a il ab k un de r the zo nin g re g ulations, any app li ca tioll for a zone district ,HJlc ndm t ul without a r i<U) re g ardi ng what is 10 occur i~ UI1lKc cptublc t~) th ost: \\ho w ill suiTer l h ~ i m paCl s of lISC'S \vilich 9 L have not been identifled at the time ot' any such zone district amendment. The neighbors. golfers. and bike pat h users are confromed \",irh \",cekly changes to venue plans, design and other issues which are 10tally unresponsive to any prior inputs provided to the TOV. Requc sted Action : Any application for a zone district amendment must occur simultaneously wi tll a dcvc lopmclll plan. and the development plan llllist be made enforceable and not subj ect l\) change. Options exist regarding the manner in \vhich this can be accomplished. 14. lS S LlC: General Considerations. In ad d ition to the iss ues idemified above. the f oll owing concerns also warrant abandonment of the project in its current configuration: a, competit ion o f th e proposed c vent center \\'ith local bu s ine s se s , which arc generally in opposition to the T\)wn o f Vail proposal but arc s o intimidated by Council thar they' are unw illing. to take a public pos i tion against it: h, the re a lity o f the taCT that, particularly \",it]) other eVc'nt cemers \\'hich are existing or soon coming on-line. another Va i l w edding \CDUe is neither needed nor supported by data or fact s : c. the reality that the TO\ is sp"':l1ding far ll)1) much on th is project. '.\11i(;h \\ill resull ill kss funding to be availabk for Ford Park improvements ~llld other TOV priorities, J, the realit.y Lhat ll1~llly or dll homes a nd townhornes along SUllburs1 \\illl os e su bs tant ial value which could result in :lddi rill nal l'OS!S [U the TOV fGr this pwj .... ct e, the re el i lY lhat the operat ion o f the proposed cemer \\ o\lle! be a 1l10ney-j,)sing propo:;iticn. bUl that with a limitation on scale: and l l.d15e. 110 parkin g lor cha ng.:::;. the .:limination of un nee ded ne tt in g. the eli minat ion of buil d ing and patio e~pan;:,ion an d st op ping the d is aST rou s and unnec · ssary mo\·c of the 181h Cai[\\.ay and g re en . m ill ions o f d lIa rs c a n he sa\(;d on lhe project co s ts. which s he. ll d m ake lht! projec t an op c r~HionaJ and fi na ncial succC'~. :--;. Rcq u.:·:)ted ,\ <.:t il.m : The prl.)jecl a~ a \\ hoI<: should be s toppe no \\ and rc uJiente d Til c o nC()rm 10 the C')\Cn::lllt in the d ed fro m Pu lis Ra n h 2nd ,he <Ju tlio ri1Y grant ed by vOte rs in the '::0 11 corn cOli on center flUlei electio n. since rhe cr itk a l question in that e kcti()11 \\'hic h \\ as expJained fO tbe ekClU ILHt b~ th e T )Wll has Il U re b li onshi p to [he pr o ject 8.~ ct:lTently 10 proposed, Once agaln. the resident s and mmers or'the: prope!ties 3ffecte:d by the propo sed project reque st that the 10wrl H,ke immediate action to halt its plans to destroy the 18th fairway and green of the Vail Golf Course a nd to proc~ed Wi111 a project to modify that area and th e golf club hou se in a mann e r which is not amhorizcd by the 2011 ballot questi on as approved by the Vail elector:J.te. as that ballot que st ion was repe:n ed ly explained by (he '1'0 \'."1'1 •s repJ'(:s-::nta tiyc:-;. and whic h project is prohibited by the restrictive covenant in the deed from the Pujis Ranch, Tho se residents and representatives on whose behalf] offer these commenrs once again requ (;st tha t the Tovvn develop a plan for a world-class golf c]ublh)l]se which is consisrcnt with the Pulis covenanr conrained in the TO\\ll'S deed and \\'hich wi l:] remain adjacent 10 rhe currently configured 18 th , one of the bes t hoks and greens on the Vail golf course, 'Thank vo u for vour consideration of these issue:; a nd imnacts. an d the Dltcrnativcs• 0/ • A. identified for a ddressing these neighborh ood conceTl"!>, ( ·Hilliard Group, LLC R. Glenn Hilliard August 17, 2012 Mayor Andy Daly Mayor Pro-Term Ludwig Kurz Town of Vail Vail,Colorado Re: Vail Golf/Nordic Expansion Dear Mayor &Town Council, Enclosed is a six point position paper and proposal, together with supporting comments which has been developed in consultation with neighbors as a framework for building a consensus with the TOV Council, the VRD, golfers and Sunburst area residents on a plan for moving forward with the redevelopment of the Vail Golf/Nordic Center on a positive and timely basis. This document represents a consensus position developed in conjunction with neighbors and is an attempt to be responsive to all involved constituencies. It resolves many ofthe issues raised by golfers, consultants, neighbors, Council members, and others. We lookforward to meeting with any or all of you or your representatives to discuss this proposal and to get the process started on renovating the Golf/Nordic Center in an affordable, voter and tax payer responsive and timely way. Thank you for your consideration. ( ( Vail Golf/Nordic Center Discussion Document I. Every constituency should be generally accepting of the following six point proposal: 1. Th~ clubhouse footprint is kept as it is currently sized and configured. 2. The 120 person current capacity multi-use restaurant is moved to the north side of the facility. 3. A coffee shop, bar, bakery, sundry shop, is retained on the south side of the building within the current restaurant space and adjoining the existing 18th green. 4. The par 5 18th hole/green is preserved as is. 5. The required buffers are reestablished and maintained between the parking lot and each Sunburst home. 6. A mutually agreeable operational plan relating to activities at the clubhouse is established and a plan for active management is developed and maintained. II. Some of the Advantages of this proposal are: 1. Avoids need and expense of moving 18th green, the shortening and the conversation of the 18th hole from a par 5 to a par 4, and the reduction for competitive purposes of the handicap ranking of the Vail golf course. 2. Creates a multi-use space for 120 persons with a direct Gore Range view, conforming to identical current goals of the Council, while separating such functions from the traffic and demands related to the golf course and the golfers. 3. Saves approximately $1,000,000 in taxpayer costs/reserves as estimated for current plans. Hill iard Page 1 of 3 Vail Golf/Nordic Center Discussion Document 4. Returns Golf/Nordic Center to a source of profit for town vs. the money pit and regulatory nightmare it will become with any of the cu rrent redesigns. 5. Creates a multi-use bar/coffee shop/restaurant space to rent to a local business for these purposes and for limited early/late access to a few basics such as bakery items, milk, bananas, aspirin, etc., as recently requested by residents at prior TOV council meetings. 6. Preserves restaurant/bar facility for use of the golfing community in proximity and with current orientation toward existing 18 th green and related activity. 7. Avoids risk and cost of litigation for TOV and lost time debating and determining effect of Pulis covenants, safety, and congestion and parking issues and other considerations. 8. Puts ((heads in beds" in a way and at a cost which can satisfy all constituencies not simply the hotel owners and assumes that those heads are profitable for TOV rather than solely the hotel industry. 9. Resolves conflicts with Sunburst neighborhood and helps preserve value of homes along 18th fairway/green and at Vail Golf Course Townhomes. 10.Minimizes congestion/safety risks inparking lot and along bike path and Sunburst Drive, helps eliminate event on street parking, while improving bike/pedestrian/bus safety. l1.Keeps TOV aligned with voters and taxpayers. 12.Provides an ((oasis" stop for bikers and walkers along the bike path/trail. 13. Protects recreational value and integrity of the Vail Golf Course. 14.Avoids unsightly tall nets which are expensive to erect and maintain. Hilliard Page 2 of 3 Vail Golf/Nordic Center Discussion Document lS.Avoids creating another duplicative 200 person wedding venue, which size was based on marketing assumptions which are outdated and questionable (ie. 10th restaurant at Mid Vail brings another 200 person venue on line this fall). 16.Helps avoid TOV competition with local businesses. 17.Keeps TOV in appropriate role of representing voters, citizens, taxpayers rather than being perceived as increasingly oriented toward business. 18.Resolves in an affordable and golfer friendly way those safety issues recently claimed by consultants. 19.The entire project can be started and finished in time for 2013 golf season. 20.Leaves some money in TOV coffers for meeting other urgent recreation and park needs. Hilliard Page 3 of 3 Law Office of ARTHUR A. ABPLANALP, JR. L.L.C. www.abpianalplawoffice.com Art@AbpianaipLawOffice.com Vail Valley Fort Collins Suite 310 Suite 260 Warner Professional Building 2 Historic Miller Bl Post Office Box 2800 Vail, Colorado 81658-2800 Telephone: 970.476.6500 Tele<:opier: 970.476.4765 11 Old Town Squa e Fort Collins, Colorado 0524 Telephone: 970.482.6 0 Telecopier; 970.482.6 05 MEMORANDUM To: Vail Town Council From: Arthur A. Abplanalp, Jr. Subject: Vail Golf Course -Fairway Destruction and Clubhouse Conversion Date: 7 August 2012 Members of the Council: As the members of the Council are aware, I am one of the attorneys speaking on behalf of the owners and residents of properties adjacent to the 18th hole of the Vail golf course in connection with the proposal to destroy the 18th hole as it is currently configured and to enlarge and convert the clubhouse to an event center. My role on behalf of these owners and residents is to try to facilitate a resolution of the current conflict between these owners and residents on the one hand and the Town and Recreation District on the other. On the 24th of July, the Town staff had a work session with concerned residents and owners of the Sunburst neighborhood to discuss the proposal for the clubhouse. First, the Council should be aware of the fact that those on whose behalf I speak appreciated this effort, and the effort of the majority of the Council who attended that meeting. Had such a meeting occurred earlier, it's possible that none of us would be in the position of trying to put back in the bottle a genie who has taken on a life of its own. At the July meeting, the Town's staff heard the determination of the Sunburst neighborhood to oppose the current proposal to destroy the western third of the 18th hole of the Vail golf course in order to convert the clubhouse to an event center. At least two other noteworthy events occurred at that time. First, the Town staff, and at least six of the seven members of the Council who were " present, had a first-hand experience with the congestion and conflict in uses which arise when an attempt is made to use the clubhouse as an event center at the same time it is being used as a golf clubhouse. Although only about thirty people were present in connection with the work session, traffi.c and congestion both outside and within the clubhouse was a mess. The addition of200 square feet and an expanded patio to the clubhouse will substantially increase the congestion and the conflict between the current uses and will result in mayhem and substantial risk of injury (other than by golf balls) to the users of the clubhouse, the golf course and the bike and walking path. Second, the staff and members of Council present heard the opinion of a g9lfmg visitor to Vail regarding the effect of conversion and shortening the 18th fairway -further lessening the challenge and value of the . golfing experience on a course which is already permitting teenagers to regularly shoot scores in the mid-60's. This individual registered the same plea as other golfers that the Town not change the 18th hole. The golf course is and should be the "golden goose" of the facility, which should be protected and enhanced, not diminished or reduced in any way. For these reasons, the Town and the VRD should re-examine their decision to destroy the western third of the 18th hole and keep the scale and design of the clubhouse within its current footprint and use. As currently planned, this project is a fmancial disaster to the Town and to the voters. The Town will lose money on operations and spend capital reserves which should be devoted to better uses. The total estimated cost of this project, with the measures intended to address non-existent perceived safety issues, is already approximately $7,400,000, without consideration for contingency for the new safery measures or the costs of consulta..T).ts brought on board \\rithin recent months to justify the current plans. Although the Town has indicated its approval of the destruction of the 18th hole and is moving forward on the efforts to design a clubhouse modified to serve as an event center, the most recent budget indicates that, even before the decision to spend an additional unfunded half million dollars to address recently perceived safety concerns, the Town would drain its repair 2 budget and that of the District, as well as tapping 2013 and 2014 revenues from amenities fees, to generate a total of more than $1,675,000 to cover what would otherwise be a shortfall in the project budget. That shortfall, with provision for contingencies is even greater. With reference to the perceived safety hazard which supposedly prompts the destruction of the 18th hole, a request for public records has established that there has been only one report of a golfer struck by an errant golf ball on the 18th fairway during the last five years -and only three such incidents on the entire golf course -the other incidents being on #6 and on #13. The reasoning which prompts expenditure of the funds to be committed here, which are ear-marked for other purposes or simply don't exist, is difficult to understand, where this is occurring in order to cure a non-existent safety problem for a project which meets with wholesale objection from the neighborhood and from golfers and violates the Council's commitment made in August, 2011, as well as the restrictive covenant in the deed from Pulis Ranch Company affecting the land. The current plan also creates chaos in the operation of a facility critical to a gol f course which is a central vacation experience of summer visitors to Vail ­ as well as the experiences of the local golfmg community, and is nonsensical. The funds should be used to create a world-class golf clubhouse consistent with Vail standards on the footprint which currently exists, preserving the golf course in its current condition. In summary, this proposal is a fmancial and legal nightmare and should be redesigned to do what the community wants and deserves -creating a world-class clubhouse for a golf course of the best quality possible. The current proposal makes a popular attraction for Vailless attractive for its users and unnecessarily expends funds in a way which creates problems with congestion which the Council must recognize based upon its recent experience even on the basis of even a minor "event center" function. This current proposal doesn't put head in beds here -it put heads in beds at some community which has a decent golf course which functions as such. The Sunburst neighborhood remains determined to work with the Town in order to identify a development plan for the golf course club house which meets the needs of the golfing community, is consistent with the commitment made to the corrimunity, and is consistent with the Pulis covenant and the needs of the 3 '-- Vail Golf and Nordic' Center Clubhouse Estimate of Probable Costs and Available Funding Estimated Project Costs: Contractor Estim ate Architectural & Engineering (8%) Construction Management (6%) Upslze Tap Fee Audlo/Video FF&E Restaurant Equipment Temporary Structure Parking and Related landscaping Shorten 1/18 Extend #13 (on Hold) Contingency (10%) Total Project Costs less Available Funds: Table of Contents to Communications to Town of Vail from Objectors to Conversion of Vail Golf Course Clubhouse to Event Center and Destruction of 18th Hole of Vail Golf Course Limited 06 June -12 July 2012 06 June 2012 Bugby, Dale 07 June 2012 Hall, Rob Goldstein, David & Mary Irwin, Dave and Debbie Arford, Craig and Sue Wilson, Ken 12 June Potto, Joe Bennett, Phil Zeltman, Bob and Malin Cohen, Jeff McA vity, Douglas Connolly, Stephen Forbes, Chris Payne, Hugh Hitt, Farrow Theisen, Bobcat Steve Schwartz, Michael Colwell, Mark Hatami, Todd 14 June Howe, Trudy Ogden, Geordy Gottlieb, Lynn Savage, Scott Taylor, Eric Hatami, Todd (2nd) From: Dale Bugby [mailto:DaleFromVail@HotrDail.comJ sent: Wednesday, June 06, 20129:29 PM To: Bank Bobby; Behler Roger; Senson Jim; Boillot DavId; Boymer Bob; Connolly Stephen; Cuomo Bart; Dubois Tom; Faessler Johannes; Fermanis John; Foley Kevin; Forey Dan; Goode Eileen; Goode John; Gramshammer Pepf; Hall Rob; Hanlon Margaret; Hiland Debbie; Hltt Farrow B; Hopkins Pam; Irwin Dave; Jonathan 5taufer; Kelton Art; Knobel Peter; Knox Allen; Lamont Jim; Levin Rich; Millette Karin; Newblatt Bob; Office Vail Chamber; Ohde Andrea; Retzlaff Julie; Rosen Bob; Silverman Rick; Sjogren Karla; Staufer Joe; stevens Patti; Taylor Brian; Thiele Pati; Vall Homeowners AssOCiation; Wilhelm Karen; Zemler Stan Subject: Fwd: Save #18 From BecomIng an Asphalt Parking Lot! Subject: Save #18 From Becoming an Asphalt Parklng Lot! Dear Mens Club Golfers: From: kenw@vail.net To: dalefromvail@hotmail.com Subject: RE: Save #18 From Becoming an Asphalt Parking Lot! Date: Thu, 7 Jun 2012 09:32:53 -0600 Dale, You need to know that this is not a VRD project. It is a TOV project. The VRD is the tenant, at the golf course and at the clubhouse. As to the 18th hole, there have been numerous public meetings on the redesign of the hole. There is not one board member "happy" that this redesign is necessary to accommodate the new events center and clubhouse . I wish you would have taken the time to get your facts "straight" before sending your email. Thanks. Ken Wilson 970-390-1320 ale I agree with you. Hugh Payne[ ail REC District-We are against changing hole #18 at the Vail Golf Course. We do support a new clubhouse, but not the destruction of #18. Dave and Debbie IrwinG DYPical government operation. What they don't know, they don't need to know. We should stand. up and fight this. It's our right•. They need more parking anyway and paving # ·18 isn't how its done. Thank you, . Rob Hall . ".. . . . . . . . \jundS like-I need to show up with my sand wedge In hand. I'll be there. Thanks for­ the heads up. Next Thursday, June 14th-. Farrow, Hltt' We need to find a developer who can design a new clubhouse with a REC CENTER wI .. pool for·our community•• Then: revenue can be built by selUng memberships to local!" . and day passes to visitors;, U could even Include a health consciou! food outlet to· . provide for gQlfers and siders and rec center users.. Right now tha food outlet Is . provldln~ mOSitly fried bar food only which helps no one after a round of golf or nordic skiing Of even open lil wlnter)..Look.at Singletree clubhouse as example of how it's · . done: .. Let the convention center be built in town where.the.bU51ness r need the traffic of conventioneeF!l.. . . ' Thanks Dale; • •. Jeff Potto Thank God I didn't buV a season passlllll I only pay to play Wed Men's club. Not 50 when #18 becomes a temporary green back In the fairway. If Vail Men's League Is still in the State Inter league come August, then what? I'm sure those who did buy passes will be gettlng. some $$$ back. Yea, right. Sounds like politicians being sleazy as usual; Bobcat Steve Thiesen Thanks for the Info, will try to go next Thursday. JHLtl Walsh ( 0. We need to meet with the VRD ASAP. Margaret Rogers Dale Bugby Vail Resort Rentals, Inc. 970-476-0900 W1'iW. VailResOltReo@ls.com Vistar Real Estate, Inc. 970-476-6223 www.VistarReafEstate.com From: Dale 13!:oby To: ~~Ike Ort:: : Ken Wlleon Cowct' '''t>l-''c!c,n Con'3C1; ; loff mrs (00'20' Rick cad'ba'I'>c CQlt a::t ; bills;;are4;(ilm<n qrn; Couorll DS list; Stan Zf:mler; bglbSOO!Q:vall goy; CpmmDey: C:1a!lI:ltf; GrcrqQ R'[her Cc: ellc e Plain ; le:'tnrjobtpgrnlQ)yahpa coo; ~bi oQ adiQ:yaryoo c;;rn; ''''9rrd'~hctmail COJl; rcwlldvall@yahoo com: l'ailbcMilcomcasto..t; bobwa!sh Q Z!'liIcpmc<:s!.r,et; rv;Fbelm@vall-beaveccrEFk ,::err; bObl"l tmaoi(!y~tm com' f),13J Tavlor; BRlICE ERASER; (arfQr;1l5lc;cmccst 0,'1; dsl;rjRr;I5l <k jcItQya H ,orQ : vall dCiQ:CO!TIC3st ner dawootlili:hctmaji rom: kacloqletoo@o (om; ','ld'!Y';!cayey IOlbotmail.c'Jm : dgrng3142iQ:,va hoo com -s'<jjetre@m<Q m m ; Dennis Koli"r; d oaopas~'co mcast net: dabeJlQ:yall r et : mclohmgo®rOQ)ract net; steyleofpb®Qmail cnm· etaYIo[\~I!et com: Gpne Hf;QN" geoffrevgmht\i)nmal l com; geordyOQZ@omall com: gsyaU! 3@ gmall com' gllld p!967@hotmall com ' (Pc"OankIOlaol coro' hugboajne@botmail cpm: l as()(!skjsya jllQ:omall com; ja ymtayl or@hotmall mm­ 'cobeo@cpheocOOstOJction!oc com; jeft@ l gffogtto com; lamesmaurer@bel'saflh net' bymedOQ@arosachaletscom ' vendettasyall@ao! com: jtcaoQO@netzem com' Duckhlltt!l!gmall Co m­ jc lcyl1@hotmail com: pazzornarl<@hotrnail com; prima@Vall net; theschwartzisstmoo@Vahoo com' mplsh16@grnall com: tlJeblueme@aoi com' oloolicdard j@yahoocom-pauibass30@comcastnet' nestern63@hotmeil cpm; pesso@corncast,Peti pete Nelson: pcwyaill@msn corn-phllbenneU8@rnsn com; dcb frgyberg@comcast,net: rodoey1ohn~comrs com' su!fdork8B@yaboo com-ply@Vall net ' Bob Walsh; bobcat19@ao! cgm' taxman@txstateedYi stcvall@yaboo cgm -storage@vaji Oet-todd@ddenl com­ toddmos:;a85Z@botmall,cgm: toddnyail@aol.cgm: toddrasl!@yahoo com; reeljob2001@yahoo com: tn!!kkat!l!exdte mm-awabbott@rnsn com; daYldrnnevall@bot(Mll com ' pete pattj59!J@corncp&togt' slrlvncb@msn com' bbbiounl@ao! com -ttJeappralsalglfr@ao! com;' gyanburgnOl @rom cast oet; , tbun5ddgp@ao! com-douglas rncayitv@grnaU com: p seldrnan@rnsn coOl: emalzabn12@grnall com ·; gary@SrPyall com-schwartz daniel m@gmailcom ' arneltt@epjclott oct, sayubu78@bptmall cgm:,' raylaybeoOI!@gmaii com; klskler®yall net: dreud@yalldallycam ' Ulmurad@yaboo,com; werQOZ@cQX.oet: lobnahlb[andt@comrast neti leffrey brown@rtJc cpm; shawn366@Vahoocpm: zgllnk@ag! com: steyeslmooett@ComcaSt net· 1moore@pga com Subject:. The Feedbadi Is Consistent and Stfll Coming In, We dldn"t know about It and we doo"t want Itl Date:' niurs&Y, June 14, 2012 8:20 :5Q AM' . . . . . . . . I am-oppo.ed to #18 becoming. a parking lot~ Although t am not a voteri I can clearly se. that the plafT.. . . pre.ented to the vote,. Is not the plan we are now seeing... Trudy How• . You can pass mynarri.·along as not In favor of more parking lot~ Thanks.. . . - Geordy Ogden Perhaps you could .end 'us the plan. I would like to .e. exactly what Is planned;; Thanks, Lynn C. Gottll.b. . I'm glad I found. out,about this, 20 years I've be.n playing the vall course ,and to mess up ( ruin) hoi. 18....why? It's really one of two true 5 pars on the course. don't turn It Into a parking,lot.. What's next.., turning the Gore Range Into a parking .tructure7 Save the 18th save the 18th save the 18thlllli Scott Savage 20 year resident, To whom It may concern. I have be.n a part time r ••ldent of Vall sine. 1988; have worked' at the­ golf course and continue to play It every summ.r. I oppose de.troylng one of the top hole. on the course for a dubious, at best, construction project decided on by people who (I'm gue••lng) don't even play the course. Golf and excellence of the course should be the highest. priority of the VRD, ancillary services and amenltl.s MUST take a back ••at to the primary purpo.e of the cours.; which Is the game of Golfn Eric Taylor ( ----------------.-........ .-.------------_.­ ( change the use of the 18th hole with little or no input or protection for the nei orhood, the home owners, the golfers or our beloved Vail community. Once again, based upon our personal experience, no additional parkin is required at this site and public transportation is a safe, economical and environmentally friendly way to accommodate all our purposes. The update to the clubhouse can and should be accomplished on your timetable with a more carefully and tightly drawn subdivision plat, and the lS,h hole and green can be protected with a continuation of its current OR zoning. Please help us preserve this important openlrecreational space in Vail by redrawing the subdivision plat in a way which gives the Town the ability to accomplish its club house renovation objectives on schedule but which does it in a way which helps protect our valuable open space and the 18 th green from current and future development, and which limits the area changed to the GU zone district to the area actually required for the clubhouse expansion. Thank you very much for your consideration of our concerns and this suggested approach. Glenn & Heather Hilliard 1801-A Sunburst Drive, Vail 3 Some of the more specific reasons for OUI clients' objections are as follows: Substantive Objections: 1. The proposed zone change is unjustified by any legitimate measure under which a zone change is to be considered. More specifically: a. The proposed zoning amendment is inconsistent with the desires of the residents and adjacent property owners in the neighborhood, who are, to the extent we can determine, unanimous in their opposition to the proposal; b. The proposed zoning amendment is not necessitated or prompted by any standard which would warrant a change in the current zone district, or the redevelopment of the clubhouse associated with the Vail golf course, but rather by a perceived need on the part of the Town for a revenue-generating event area and a perceived need for additional parking largely if not exclusively related to that event area; c. The golfing community, the actual users of the subject property, has expressed its objection to the change in the configuration of the 18th fairway and green both to the Vail Recreation District and to this Counci 1 in no uncertain terms; d. The proposed zone district amendment would destroy what many in the golfmg community consider to be one of the signature holes, if not the signature hole,of. the Vail golf course; e. The proposed zoning amendment would pennit uses which conflict with and disturb existing uses on and destroy the value of adjacent properties . 2. According to the Vail Municipal Code­ "The general use district is intended to provide sites for public and quasi-public uses which, because of their special characteristics, carmot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. The general use district is intended to insure that public buildings and grounds and certain types of quasi-public uses permitted in the district are appropriately located and designed to meet the needs of the residents and visitors to Vail, to hannonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses." (Emphasis added.) Vail Municipal Code, Section 12-9C-1 2 As has been and will be demonstrated by the leiters and voices of adjoining property owners and the golfing community, the proposed change in zone district and t..'1e proposed changes to the use of the subject property which would be permitted upon that change in zone district designation neither meet the needs of property owners, residents, or those who use the subject property, nor would the proposed change and related uses harmonize with surrounding uses. 3. Most ofthe uses permitted in the General Use zone district are far more aggressive than should be allowed in or adjacent to either a residential zone district (as is the case with the property to the south) or an outdoor recreation zone district (as is the property on the north and east). The current Outdoor Recreation zone district is the only effective protection available to the adjacent property owners and residents against the following uses which are permitted, under the conditional use permit process, in the General Use zone district, but which are prohibited in the Outdoor Recreation zone district: Churches Helipad Hospitals, medical and dental facilities, clinics, rehabilitation centers, clinical pharmacies, and ambulance facilities. Major arcade Plant and tree nurseries, and associated structures Public and private schools and educational institutions Public buildings Public parking structures Public theaters, meeting rooms and convention facilities Public transportation terminals Public utilities installations Type III employee housing units Water and sewage treatment plants. 3 Lorelei Donaldson From: SARA NEWSAM <snewsam691@msn .com> Sent Thursday, June 28, 2012 9:10 PM To: Council Dist List Subject: Vail Golf Course Clubhouse and 18th fairway Lorelei Donaldson From: stephen collins <stcvail@yahoo.com> Sent: Friday, June 29, 2012 10:36 AM To: Dale Bugby; VRD Board; Council Dist List; Alice Plain; Chris Johnson; king_ad@yahoo .com; wgmd@hotmail.com; rcwildvail@yahoo .com; bobwalsh971 @comcast.net; rwilhelm@vail-beavercreek.com; bobzeltman@yahoo.com; BRUCE FRASER; c.arford@comcast.net; vaildc@comcast.net; daverootl@hotmail.com; kasi ngleton@q.com; wavyg ravey@hotmail.com; dgmg3142@yahoo.com; skijetre@msn.com; Dennis Koller; d.pappas@comcast.net; dabel@vail.net; stevieofpb@gmail.com; etaylor@]et.com; Gene Henry; geoffreygroh@gmail.com; geordy007@gmail.com; gsvail13@gmail.com; guido1967@hotmail.com; hughpaine@hotmail.com;jeff@jeffpotto.tom; Jeff Wiles Contact; hymedog@arosachalets.com; Joe Hanlon Contact; vendettasvail@aol.com; jfcanon@netzero.com; puckhut@gmail.com; Ken Wilson Contact; pazzomark@hotmail.com; prima@vail.net; theschwartzisstrong@yahoo.com; mgish16 @gmail.com; ninolicciardi@yahoo .com; paulbass30@comcast.net; nesterp63 @hotmail.com; pesso@comcast .net; pcwvaill@msn.com; philbennett8@msn.com; Rick Sackbauer Contact; rodneyjohnson@comfS.com; surfdork88@yahoo.com; oly@vail.net; Bob Walsh; bobcat49@aol.com; taxman@txstate.edu; todd@ridenLcom; toddmossa857 @hotmail.com; toddnvail@aol.com; toddrash@yahoo.com; reeljob2001@yahoo.com; truikka@excite.com; davidcranevail@hotmail.com; pete .pattison@comcastnet; sirlynch@msn.com; bbbiount@aol.com; theappraisaloffc@aol.com; thun5ridge@aol.com; douglas.mcavity@gmail.com; p_seidman@msn.com; emalzahn12 @gmail.com; gary@srevail.com; rayjaybenoit@gmail.com; klskier@vaiJ.net; jjjmurad@yahoo.com; jeffrey.brown@rbc.com; shawn366@yahoo.com; stevesimonett@comcast.net;j.moore@pga.com; bcollins@pga.com; bonnieblecha@aol.com; meghealthnut@earthlink.net; crowderg@comcast.net; crcrowley@comcast.net; nncur@aol.com; wldrebecca@mac.com; rsguerry@comcast .net; jhansen@sprynet.com; trudyhowe@myway.com; daineemc@aol.com; vailgail@hotmail.com; tpesso@comcast.net; ywc.lIl@gmail.com; gwiseco@gmail.com; sfcvail@yahoo.com;jland@chotin.com; schotin@chotin.com; art@abplanalplawoffice.com Subject: Re: REC Board Supports the Destruction of #18 ( Tamm Tamm for weddings and meetings only takes away business from the local hotels and resta nts that already own meeting space. Dale Bugby Vall Resort Rentals, Inc. 970-476-0900 W]'VW. VallResortRentals. com Vistar Real Estate, Inc. 970-476-6223 www.VistarReaIEstate.com 2 ----------------------- . Hopefully the public backlash of the ( t a ers will be such that ou will abandon thi~ . Rest assured that I will make o a end a Town ouncil meeting the n x Ime I'm in Vail to s hare my thoughts a out this as well as on many other planning matters including the hospital debacle that is being entertained 10 the detriment of another established residential neighborhood. Sincerely, Fred Wyman Frederick Wyman 30776 Dover Road Easton, Maryland 21601 fredwym an@gmail.com 410 822 5680 P/F 914 980 5791 C 2 Tamm ( Tammy Nagel .. From: Sent: To: Subject: Pam Brandmeyer Monday, July 02, 2012 12:32 PM Bill Gibson; George Ruther; Greg Hall; t-/iatt Mire FW: Vail Golf Course Project Collective Council e-mail. .. From: CURTIS OLSON [mailto:curtisolson@me.com] Sent: Sunday, July 01,201211:14 PM To: Council Dist List Cc: curtisolson@me.com Subject: Vail Golf Course Project Ladies and Gentlemen: Below is the letter I sent close to one month ago, and I still feel as strongly about this project as ever. I am making every attempt to be at every meeting, but not being a full-time resident currently is difficult to do so. This project directly hurts my quality oflife as well as significantly impacting my propert value . I truly hope you will do the right thing in preserving what is left of our valley. There are other option retain the 18th green and the magnificence of the golf course. Curtis and Kris Olson Our names are Curtis and Kris Olson. We own the home at 1785 Sunburst Drive. The home is located directl behind the 18th green, first home next to the Vail Golf course parking lot. We and our neighbors are very concerned about the proposed plan for the golf course parking. I attended the plarming meeting to express my concerns during the rezoning vote where NO plans were presented . I will not be able to attend the town meeting this coming week for I'll be out of town. The proposal to remove the 18th green and replace it with a parking lot will: I. Significantly impact my property value. And I mean significantly. 2. Significantly impact my quality 6flife. Concerns:: I . The parking plan is to add a 35 space lot on the 18th green which is an incremental addition of onl 19 parking spaces a. Have all options been explored b. Why not allow for street parking to accommodate large events c. Valet cars on the driving range where there is no impact to homes and more space available . This could be 100 parking spaces d. Expand the parking lot between the 12th green and 13th tee box and shuttle patrons. This could be used in the winter by snowshoers, ice climbers, nordic skiers e. Expand the lot at the soccer field . You could shorten hole 6 to accommodate more spots. Spots could be used in the winter for skiers and Vail Resort employees f. Utilize Ford park parking and the city bus system which is one of the best in the country g . Utilize Public Works parking lot on the other side of the frontage road on weekends h. Have out of town patrons utilize hotel shuttles which all the higher end hotels have. Removing precious green space to replace with asphalt in a town that is so lacking in green space would be a tragedy. A net add of 19 spots will not allow for a golf tournament and event at the same time. So why do it. t / 2. There is a landscape proposal to block our view of the new parking lot, which based on how our home is situated will not completely block the view. If it does, it will block my entire view from our basement den, living areas, deck and master bedroom. No landscape plan will come close to replacing our cunent situation. 3. There does not seem to be a management plan for the new property. In summary, I love this town and the commitment the city has had to improve and preserve its great culture. I' a big fan of improving the golf club house but the parking plan has not been thought through. There are many better options for the city and the facility to meet their needs. Removing a beautiful green space that is currently a signature piece of property tor a NET GAIN of 19 parking spots is not in the best interest of anybody. Our family and property is obviously directly impacted and hurt by this proposal. Thank you for your time and your service to our community big and small. I ask that you consider more cost effective, creative alternatives before proceeding with your current plan. 1 presented these concerns at the May Planning District meeting as well as to Greg Hall (Public Works Directo ) Michael Ortiz (VRD), Pedro Campos (Zehren Architects) and David Kaselak (Zehren Architects) at my home on 6-1-12. Sincerely Concerned: CURTIS OLSON 719-964-8765 curtisolson@me.com CURTIS OLSON cu rtisolson@me.com 2 / Tamm ( Tamm Tamm Tammy Na~el From: Pam Brandmeyer Sent: Monday, July 02, 2012 12:53 PM To: Matt Mire; Greg Hall; George Ruther; Bill Gibson SUbject: FW: the relocating of #: 13 on the vail golf course Collective Council e-mail. . . From: Paul Seidman [mailto:Daulhseidman@qmail.coml Sent: Saturday, June 30,2012 1:38 PM To: Council Dist List Subject: the relocating of # 18 on the vail golf course Tammy Nagel From: Pam Brandmeyer Sent: Monday, July 02, 2012 12:55 PM To: Matt Mire; George Ruther; Greg ;-1311.: Bil Gibson Subject: FW: Collective Council e-mail. .. -----Orig inal Message----­ From: janet rev [mailto:janetrey@comcast.net) Sent: Saturday, June 30, 2012 9:33 AM To: Council Dist List Subject: DefficounciIMem~~,P~I~~=~~~~~~~~~~~~~~~~~~~~~~~~~~~~~un~t~o~f Members of the Vail Town Council: Tle Stal"fire Company limited, is tr.e owner of lot 3, Vail Valley 3rd Filing, with an address of1815 Sunbu :st Drive, Vail, CO. This property is one of those adjacent to the Town golfcourse p2rcel which is proposed br a zo ne district amendment cha nging the Town golf course pa reel from the Outdoor Recreation zone district to the General Use zone district. On behalf of Starflre Company Limited, ! am authorized to state that Starfire and its owners strongly object to the proposed action. The Vail Municipal Code establishes the criteria for denying or approving a zone district amendment. The proposal violates each and every one of those criteria, as follows: (1) The extent to which the zone district amendment is consistent with all the a pplicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town -Response -It Is impossible for us to believe that there is anything in any comprehensive plan which suggests that any part of the Vail golf course Is to be converted to a parking area, events center, or put to any other active use permItted (with or without conditions) In the General Use zone district. (2) The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents -Response -The conversIon of the parcel to General Use zone district would conflict with the residential uses of the adjoining property in many ways -noise, vehicular air pollution, destruction of quality of life and the ability of residents to enjoy their property being examples. (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with munlclpal development objectives -Response -The proposal is totally in conflict with the residential nature'ofthe adjoining property and municipal development objectives of the Town of Val! do not (or at least should not) include the destruction ofthe environment or life experience of adjoining residents -full-time and part-time -which would be the effect of this proposal. (4) The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole -Response -The proposal does not provide for growth of an orderly Viable community but would effectively destroy part of a long-established viable neighborhood. (5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features -Response -The proposal would destroy the natural environment with specific reference to air quality, noise, vegetation and other desirable natural features. (6) The extent to which the zone district amendment Is consistent with the purpose statement of the proposed zone district -Response -the statement of the proposed General Use zone district indicates -----------.~~--.----._----------------------+----' that the purpose of that district is to provide "sites for public and quasicpublic uses which ., . cannot be 2ppropriately regulated by the development standards prescribed for other zon ing districts" and "is intended to ensure that public buildings and grounds ... are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses." Each of these standards is violated in the case of this proposal. (7) The extent to which the zone district amendment demonstrates how conditions have changed. since the zoning designation of the subject property was adopted and is no longer appropriate -Response ­ No changes have occurred since the current zoning designation was assigned to the subject parcel which would justify the proposed change' in zone district designation, permitting a wide range of uses incompatible with the adjoining properties and neighborhood. (8) Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning -Response -There are no other factors or criteria which are applicable to the subject parcel or to this proceeding and which Justify the proposed action. Based upon this analysis, the principals of Starfire Company Limited, as an adjoining property owner, request that the Coulldl deny the proposed change in zone district designation. Respectfully, r Lorelei Donaldson From: CURTIS OLSON <curtisolson@me.com> Sent: Saturday, June 02, 2012 7:00 PM To: Council Dist list Cc: curtisolson@me.com Subject: Golf Course Parking Plan Our names are Curtis and Kris Olson. We own the home at 1785 Sunburst Drive. The home is located directly behind the 18th green; first home nex t to the Vail Golf course. We our neighbors are very concerned about the proposed plan for the golf course parking. I attended the planning meeting to express my concerns during the rezoning vote where NO plans were presented. I will not be able to attend the town meeting this coming week for I'll be out of town. The proposal 10 remove the 18th green and replace it with a parking lot will: 1. Significantly impact my property value. And I mean significantly. 2. Significantly impact my quality oflife. Concerns:: 1. The parking plan is to add a 35 space lot on the 18th green which is an incremental addition of only 19 parking spaces a. Have all options been explored . b. Why not allow for street parking to accommodate large events c. Valet cars on the driving range where there is no impact to homes and more space available. This could be 100 parking spaces d. Expand the parking lot between the 12th green and 13th tee box and shuttle patrons. This could be used in the winter by snowshoers, ice climbers, nordic skiers e. Expand the lot at the soccer field. You could shorten hole 6 to accommodate more spots. Spots could be used in the winter for skiers and Vail Resort employees f. Utilize Ford park parking and the city bus system which is one of the best in the country g. Utilize Public Works parking lot on the other side of the frontage road on weekends h. Have out of town patrons utilize hotel shuttles which all the higher end hotels have. Removing precious green space to replace with asphalt in a town that is so lacking in green space would be a tragedy. A net add of 19 spots will not allow for a golftoumament and event at the same time. So why do it? 2. There is a landscape proposal to block our view of the new parking lot, which based on how our home is situated will not completely block the view. If it does, it will block my entire view from our basement den, living areas, deck and master bedroom. No landscape plan will come close to replacing our current situation. 3. There does oot seem to be a management plan for the new property. In summary, I love this town and the commitment the city has had to improve and preserve its great culture. I'm a big fan of improving the golf club house but the parking plan has not been thought through. There are many better options for the city and the facility to meet their needs. Removing a beautiful green space that is currently a signature piece of property for a NET GAIN of 19 parking spots is not in the best interest of anybody. Our family and property is obviously directly impacted and hurt by this proposal. 1 7/1712012 4 -7·1 Lorelei Donaldson From: Lee S. Chapman <leapin66@me.com> Sent: Tuesday, July 03, 2012 2:42 PM To: Council Dist List Subject Fwd: Town Council hearing July3, 20l2--Zone District Amendment--Vaill Golf Course Attachments: Vail Town Council-Chapman .120625a.doc; ATTOQOOl.htm Please consider this letter pertaining to your meeting tonight-----thank you! Lee and Sandy Chapman Begin forwarded message: From: 'Lee S. Chapman" <leapin66@me .com> Date: July 3,20123:19:12 PM CDT To: Chapman Lee <leapjn66@mac .CQm> 1 7/ 17 /2012 4 -7 -7 3 Tammy Nagel We implore you to abandon the current plans, to preserve the 18th hole and green as they exist today and to put the available money into a world class nordic, golt; biking and neighborhood restaurant, coffee shop and clubhouse. Thank you for your consideration. # \ \0 . :e.-"t.~ \~~ nn Hilliard & Heather Hilliard ~ Page 3 of3 711 712012 4 -7 -99 Vail Valley Suite 310 Warner Professional Building 2 Post Office Box 2800 Vail, Colorado 81658-2800 Telephone: 970.476.6500 Telecopier: 970.476.4765 Town Council Town of Vail Vail, Colorado Law Office of ARTHUR A. ABPLANALP, JR. L.L.C. www.abplanalplawoffice.com Art@AbplanalpLawOffice.com 11 July 2012 Fort Co ·ns Suite 2 0 Historic Mill Block 11 Old Town Square Fort Collins, Col ado 80524 Telephone: 970482.6900 Telecopier: 970482.6905 Re: Proposed Reconfiguration of 18th Fairway and Green, Vail Golf Course Members of the Council: As the members ofthe Council are aware, this Office has been engaged by Glenn Hilliard, the owner of a residence at 180 I-A Sunburst Drive, Vail, in association with the proposal before the Town of Vail to destroy and relocate the 18th green and part of the 18th fairway of the Vail Golf Course as well as the proposed zone district amendment related to that action. Mr. Hilliard's property and residence adjoin the property where that action is proposed. Mr. Hilliard has been joined by other residents of Sunburst Drive who are owners and/or residents of properties adjacent to the threatened area, and as a group they have attempted to identify for the benefit of the Council and the Vail Recreation District the many reasons which warrant abandonment of the current plan. The points and concerns expressed by Mr. Hilliard and other owners directly to Council are generally shared by all and should be considered by Council to be a united opposition to the current plan. It is the position ofMr. Hilliard and his neighbors that no condition exists which warrants the relocation of the 18th green and fairway from their current location. To convert this area to an area devoted to event gatherings, or gatherings of virtually any other public nature, would constitute a nuisance to the adjoining residences and a violation of the covenant which affects this property. For these reasons, among others, Mr. Hilliard and his neighbors respectfully request that the 18th green and fairway be left in their current configuration. It was originally our understanding that the action proposed for the 18th green and fairway was based upon the perceived need for construction of additional parking and an outdoor events venue in connection with an expansion of the Vail golf course clubhouse. At the Council meeting on the 3rd of July, the focus with reference to the need to take the proposed action seemed to shift to safety and a perceived mandate related to the vote approving the expenditure 1 ( of taxes collected for a conference center. For that reason, this letter deals primarily with those two subjects with which the Council seems to be concerned. Safety: The Council has identified three areas of concern with reference to safety, none of which constitute existing problems warranting the destruction and relocation of the 18th green and the western third of the 18th fairway. These areas of concern are (1) golf balls from the driving range landing on the 18th fairway, (2) the proximity of residences adjacent to 18th green and the western part of the 18th fairway, and (3) the danger posed to a proposed commercial. events venue east and/or south of the clubhouse. For the reasons noted below, none of these reasons warrant the action under consideration. 1. -golf balls from the driving range landing on the 18th fairway -The Town's expert in golf course design has indicated that golf balls hit from the driving range sometimes land on the 18th fairway, and that, for this reason, the portion of the 18th fairway affected should be deactivated as a fairway. There are at least three problems with this logic. a. Although the expert did not display the results of any study on the north side 0 the driving range, the effect of the existence of the driving range on the 10th fairway to the north of the range is likely identical to the effect on the 18th fairway. If the impact area on the 18th fairway is to be deactivated, then the sam logic dictates that the impact area on the 10th fairway should be deactivated, and the hole should be converted to a par 3, if it can remain in existence at all. b. The approach under consideration would effectively "sterilize" the impact areas on the 18th fairway against any use whatsoever. The impact area would become a vacuum where no activity whatsoever could occur. Real estate owned by the Town of Vail doesn't remain a vacuum, whether sterilized or not. c. Finally, in recognizing the fact that any abandoned part of the 18th fairway wil not long remain unused, it must be observed that virtually any use of that ground will create greater risk for the Town than "its current risk. For example, where perhaps as many as twenty golfers (five foursomes) briefly travel the 18th fairwa during an hour on a busy day, a venue for events would result in 200 or more individuals being exposed to the perceived hazard for an extended period oftime. Any such existing hazard would be increased by a factor often times (20 vs. 200) if the Town were to take the direction currently proposed. This impact would be aggravated by the fact that, while golfers almost certainly would have assumed th risk of injury by errant golf balls while engaged in the sport, persons attending an event would not be subject to such an "assumption of risk" defense. 2 The Town has received no voter mandate for the destruction or relocation of any part of the 18th fairWay or the 18th green. Other Considerations: Apart from the lack of justification for the abandonment of the western part of the 18th hole of the Vail golf course, there exist at least four other considerations which require withdrawal of the current proposal. The covenants associated with the 1984 deed through which the Town acquired the subject property prohibit the use of the property which includes the 18th hole for any purpose other than a "public golf course or open space or park for the benefit of the public and only such other related support facilities required for those purposes". The conversion of part of this property into an events center for the purpose of putting "heads in beds" is a commercial use which violates that covenant. That covenant was and is enforceable by the successors and assigns of the Pulis Ranch Company . Available information indicates that the owners of the properties on Sunburst Drive are successors and assigns of the Pulis Ranch Company entitled to enforce that covenant. Mr. Hilliard does not wish to placed in the position of being required to enforce that covenant, nor do I understand any of the other property owners to be determined to take such a direction. If, however, the former Pulis Ranch property is converted to a use which violates that covenant, he, or any of his neighbors, may be compelled to consider that course of action as the only available remedy. A second concern is the fact that virtually any use of the part of the 18th hole under consideration for abandonment will, if abandoned, be converted to a use inconsistent with the ability of the neighboring property owners to quietly enjoy their property. Of particular concern is the virtual certainty that noise associated with the activities in this area will constitute a nuisance to the neighboring properties and that the proximity of large numbers of people in this area will result in an invasion of privacy. The golf course was conveyed to the Town of Vail and established as part of an overall plan for that golf course, open space or park for the benefit of the neighboring properties. The owners of those properties are entitled to continuing recognition of this plan, whether through respect of the original covenant or otherwise. Another consideration is the reality that, if the Town closes part of the 18th fairway as proposed but does not eliminate other similar hazards, such as the threat to golfers on the 10th fairway or to pedestrian and bicycle traffic passing under the tee of the 16th hole, then the Town will have effectively acknowledged the existence of a threat at one location without having dealt appropriately with the threats at other locations where the same threats exist. Any party injured in one of those virtually identical situations would have an easier case demonstrating that the Town has only selectively corrected an identified problem, and that he or she suffered injury because the Town did not take identical action wherever the perceived threat exists. 5 ~. ~--... Finally, it must be recognized that (a) the conversion of properties from golf course properties into properties which front on vacant land whose future is largely unpredictable, and (b) the noise and disturbance associated with activities in a commercial event venue, constituting a nuisance in every sense of the word, will have a catastrophic effect on the values of the properties currently adj acent to the western third of the 18th fairway. While we have attempted to focus on the interests of the Town of Vail and the golfing public, and the fallacies of the justifications offered for the reconfiguration of the 18th fairway, the impact on owners and residents who have long relied on the development plan created in the 1970's and confmned in the 1984 deed to the Town of Vail cannot be ignored. The Town accepted the 1984 deed subject to a covenant which was clearly intended to perpetuate a plan which provided for the Sunburst Drive lots to enjoy golf course frontage, and the Town has a moral, as well as a legal, obligation to respect that plan and the reliance of owners and residents on that plan . Options: Although Mr. Hilliard cannot speak for each of his neighbors in this regard, it is possible that action might be taken to protect the interests of the Town of Vail while insuring the continued existence of the 18th fairway and green in their current configuration. If there is a desire to protect the interests of the Town of Vail while insuring the continued existence of the 18th fairway and green in their current configuration, Mr. Hilliard would be willing to work with the Town and his neighbors to subject the properties of concern with respect to errant golf balls to a covenant of generally the following content, consistent with recent golf course development: "Every Lot subject to this covenant is subject to an easement permitting golf balls unintentionally to come upon the Lots adjacent to the golf course, and the owners of each such Lot, for themselves and their successors and assigns, agree that neither such owners, nor their successors and assigns, shall make any claim against the Town of Vail nor the Vail Recreation District, nor any councilperson, officer, director, employee or agent of either, while acting in such capacity , as a result of injury or property damage resulting from such errant golf balls being unintentionally hit onto any of the Lots. The existence of this easement shall not relieve golfers of liability for damage caused by errant golf balls. " With reference to any perceived threat from the driving range, it has been suggested by some in the golf community that a monitor might be stationed at the driving range to enforce a control preventing conventional balls from carrying over the fence which surrounds the driving range. If this step were coupled with signage advising those using the driving range that their use of the range will be terminated if a ball is hit over the fence , then this might be an effective step in preventing errant balls from landing on either the 10th or the 18th fairway, saving both. While there would be a cost to such action, that cost would not approach the more than $350,000 which will be required to reconfigure the 18th fairway and green . 6 ( Summary: As noted in the previous communication to the Council on behalf of Mr. Hilliard in connection with the proposed zone district amendment, we submit that it is the Town's duty to be certain that activities motivated by its own-perceived needs and agenda are undertaken only with appropriate recognition and respect for the legitimate rights and expectations of its residents and property owners . Once again, Mr. Hilliard wishes to thank the members of the Council for their consideration of his concerns , the concerns of his neighbors, and the opinions of the golfing community in preserving a recreational asset of the Town of Vail of importance to all. DEC-18-2012 10:56 TBANK UHILLS P . 01 DISTRICT COURT FOR EAGLE COUNTY P. O. Box 597 Eagle, CO 81631 Plaintiff's: SAMUEL H. MASLAK, et al. Defendants: TOWN OF VAIL, et al. Attorneys for Plaintiffs: Christopher H. Toll, #15388 Steven T. Collis, #40940 Holland & Hart LLP 6380 S. Fiddlers Green Circle, Suite 500 Greenwood Village, CO 80111 Telephone: (303) 290-1600 cto [l@bolJlandhart.com stcollis@hollandhart.com John W. Dunn, #1421 Mountain Law Group, LLC Community Bank Center #206 70 Benchmark Road P. O. Box 7717 Avon. CO 81620 Telephone: (970) 748·6428 idunn@mountainlawgroup.com ... COURTUSEONLY .. Case Number: 2012-cv-921 Division: 3 Courtroom AFFIDAVIT OF JAY B. PULIS, JR. Jay B. Pulis, Jr., having been duly sworn., states as follows: . 1. I am over the age of 18 and have personal knowledge ofthe matters stated below. 2. My father bought land in the Vail Valley in 1941 as a family swnmer retreat. The block ofland was a mile long and 1/4 mile wide, 160 acres in total. 3. Part of our property was land where much of the Vail Golf Course now sits, as well as the land where Sunburst Drive and its homes wind alongside the Golf Course. DEC-18-2012 10:56 -TBANK UHILLS P.02 4. To manage our property, my brother and I formed the Pulis Ranch Company with three equal partners: me, my brother Warren, and a silent trust for the children of our brother who had already passed away. 5. Warren and I also set up Vail Valley, Inc., for the purpose of developing and selling lots for residential use alongside the Golf Course. The three owners of V ail Valley, Inc. were the same as the owners of Pulis Ranch Company: Warren, me, and the trust for our nephew andrueces. 6. We intended from the very beginning to develop the land to be a golf course with supporting golf-related facilities, and surrounding residences. The homes on the border ofthe course were to be golf course lots, and historically they have been marketed that way. 7. Minimizing development and maximizing open space were always very important to us. We always intended the golf course land to remain as golf course land and to be used for recreational purposes. 8. To ensure the neighborhood and the valley met our vision for it, in 1966 we leased our land on which the Vail Golf Course now sits to the Town of Vail, with specific requirements that it should only be used for a golf course or other specified recreational uses. If any clubhouse were built, it had to consist only of facilities ordinarily available in structures operated in conjunction with golf courses. 9. To further achieve our intent regarding limited development, in 1977 we conveyed the land through which Sunburst Drive passes to our residential development company, Vail Valley. Inc., so that the land could be used to develop a community that would be nestled between mountains on one side, and the Golf Course on the other. DEC-18-2012 10:57 TBANK UHILLS P.03 10. The Town used the land leased to it as a golf course, and we saw the neighborhood we had planned come to fruition. 11. By the time we sold the Golf Course property to the Town, the Vail Valley had become one of the nation's premier tourist destinations, and we knew how tempting it would be for the Town to make a large profit by either developing the golf course land itself or selling it to other developers, contrary to the common plan we had for the golf course and its adjoining neighborhood. 12. To prevent that from happening, and to preserve the neighborhood around the Golf Course, we included with the January 11, 1984 deed to the land a restrictive covenant that stated that the only use of the land was for a golf course, open space, park, or related facilities that were required to support those uses ("Pulis Covenant"). The idea behind the Pulis Covenant was to keep the land as undeveloped as possible so it would remain a golf course with only supporting facilities for a golf course. 13. Creating an events center with a wedding venue and indoor/outdoor banquet facilities is not consistent with our intent or the intent of the Pulis Covenant. Our intent was a golf course, simple required support facilities, and surrounding residences, and not commercial operations. 14. We intended that the owners of the lots adjacent to the golf course would be able to enforce the Pulis Covenant in the 1984 deed. Allowing them to do so would maintain our original intent that those lots be golf course lots. 15. The Town officials agreed to use all of the land, including the land where the clubhouse and the 18th Green now sit, for a golf course and related support facilities. DEC-18-2 012 10:57 TBANK UHILLS P .04 16. We did not intend any of the land to be used as a means for increasing revenue for the Town. 17. Our conditions were agreed upon by the Town's officials with their initial signing of the document. I would expect that commitme~~.t? be honored b!~e 1ent ~~resentatives . ~'JG1A( (i:v~<f ~. Ja(!p7~' it'-) U . Date: 2----­J 2-j; ~ ------~7~-/~----- STATE OF COLORADO ) ) SS. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this ) g day of December, 2012, by Jay B. Pulis., Jr. Witness my hand and official seal. ------- c From:wkpulis@aol.com [mailto:wkpulis@aol,comJ Sent: Friday, J~LY 13, ~O}?1:04 PM To: Subject: Re: hello from Vail After reading about the possibility of the Town of Vail installing an Events Center at the Vail Golf Course, it seems like a total sham that it is even possible to do so. yvith our legal document stating the only use being a golf course, open space, park and related facilities, why is this center even being considered? The "Golf Course etc." clause V"las worded to prevent this sort of thing from happening. Why not a hotel, condominiums or dissolving the golf course entirely atthe Town's will and selling the property off to private investors? Our conditions were agreed upon by the Town's officials with their initial signing of the document I would expect that commitment to be morally honored by the present representatives. Warren Pulis uale Bugby started a petition "Vail Town Council : Save #18 at Vail Golf Club" targeting you on Change.org that's starting to pick up steam. Change.org is the wond's largest petition platform that gives anyone, anywhere the tools they need to start, join and win campaigns for change. Change.org never starts petitions on our own -petitions on the website , like "V a il Town Council: Save #18 at Vail Golf Club", are started by users. While "Vail Town Council: Save #18 at Vail Golf Club" is active, you'll receive an email each time a signer leaves a comment explaining why he or she is signing . You'll also receive periodic updates about the petition's status. Here's what you can do right now to resolve the petition: • Review the petition. Here's a link: o http://www .change .org/petitionslvail-town:-council-save-18-at-vail-golf-club • See the 5 signers and their reasons for signing on the petition page. • Respond to the petition creator by sending a message here: o http://www .change.org/petitions/vail-town-council-save-18-at-vail-golf-club?response=088dc5baae06 Sincerely, Change .org There are now 5 signatures on this petition. Read reasons why people are signing, and respond to Dale Bugby by clicking here: http ://www .change.org /petitions!vail-town-coun c i l -sa ye-1 8 -at-vail-g o lf~l u b?response =088dc5baae06 Jamie Gunion From: Beth Pappas Sent: Tuesday, May 28, 2013 1:31 PM To: Derek Pappas; Jamie Gunion Subject: RE: PLEASE READ -Town of Vail plans to turn Golf Course into a wedding events center and to tear up and move the 18th green! Sigh ..... From: Derek Pappas [mailto:d.pappas@comcast.net] Sent: Tuesday, May 28,2013 1:30 PM To: Beth Pappas; Jamie Gunion Subject: Fwd: PLEASE READ -Town of Vail plans to turn Golf Course into a wedding events center and to tear up and move the 18th green! This just came my way ... Derek Pappas OragelLINElFull Tilt 970-390-2815 d.gappas@comcast.net Begin forwarded message: From: Glelll1 Hilliard <rgJennhilliard@ao1.com> Date: May 28,2013, J :25:55 PM MDT To: RGlennHilliard@ao1.com Subject: PLEASE READ -Town of Vail plans to turn Golf Course into a wedding events center and to tear up and move the 18th green! As many of you know, the Town of Vail is hoping to turn the golf course clubhouse into a wedding events center and to tear up and move the 18th green as part of the project. The homeowners around the 18th green have appealed the Planning and Environmental Commission's approval of part of the Town's plan, and the Town will be holding a hearing on the appeal on June 4 at 6 p.m. in the Vail Municipal Building. This is possibly the last public hearing the Town will have on the issue. We need to have a strong presence from both the golfers and our other allies. The Town has been informing people that the homeowners have very little support in Vail. We know this is not true and we want to disabuse everyone of that notion. We need as many people there as possible. to pack the hall, and to ensure that it is clear there is broad opposition to what the Town is trying to do. Together, we can not only save the 18th green and the golf course as we know it , but we can show the Town that we won't tolerate this type of thing in the future when they try to trample on other property owners' rights. Please come if you are able, and please encourage your neighbors and others who support us to come as well. Tammy Nagel From: Lorelei Donaldson Sent: Monday, June 03, 2013 11 :58 AM To: Tammy Nagel Subject: FW : Vail Golf Course Club Housel Wedding Event center For yo ur files Lorelei Donaldson T own Clerk TOWNOf~ VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 4, 2013 ITEM/TOPIC: Adjournment (8:30 p.m.) 6/4/2013