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Home My WebLink About2012-1022 PECTOWN OF VA P� 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" 20 minutes 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 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 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 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 5 minutes 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 Page 1 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: Table to November 12, 2012 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 November 12, 2012 8. A request for the review of a conditional use permit, pursuant to Section 12-71-5, 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: Table to December 10, 2012 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: Table to December 10, 2012 10. Approval of October 8, 2012 minutes 11. Information Update 12. Adjournment 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. Page 2 TOWN OF VA P� 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" 20 minutes 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 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 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 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 5 minutes 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 Page 1 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: Table to November 12, 2012 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 November 12, 2012 8. A request for the review of a conditional use permit, pursuant to Section 12-71-5, 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: Table to December 10, 2012 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: Table to December 10, 2012 10. Approval of October 8, 2012 minutes 11. Information Update 12. Adjournment 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. Page 2 Ad Name: 8502001A PLANNING AND ENVIRONMENTAL COMMISSION Customer: TOWN OF VAIL/PLAN DEPT/ 2, 2012 Oc[ober2'CHA 1:OOpm TOWN COUNCIL CHAMBERS Your account number is: 1023233 PUBLIC WELCOME 75 S. Frontage -Vail, 61057 **Order times ColoColorado,iter times of items e s hangs are subject [o change" E A G L E V A L L E Y ENTERPRISE 20 minutes 1 A requesl for the review of amendments to conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town .... m,... Code, to allow for the redevelopment of the Vail PROOF OF PUBLICATION Golf Course Club House (i e accessory buildings, permanent and temporary, and uses customarily incidental and accessory to permitted or ion- STATE OF COLORADO al outdoor recreational uses, and necessary for the ary for } (�(� i ss. drinking operation thereof, including ions, storage fountains, bleachers, concessions, storage build - ings, and similar uses), located at 1775 Sunburst Div /Lot 3, Sunburst Filing 3 and Unplatted Par- COUNTY OF EAGLE } cels (a complete metes and bounds description is available m the Community Development Depart - men l Office), and selling forth details in regard thereto. (PEC120036) Applicant: Town of Vail, represented by Greg Hall Planner: Bill Gibson I, Pam Boyd, do solemnly swear that I am a qualified 20 minutes 2 A requesl for recommendation to the Vail Town Council for a zoo ne district boundary amendment, , representative o The Eagle Valley Enterprise, that e pursuant to Section 12-3-7, Amendment, Vailnd Town Code, to allow for a rezoning of the Vail Golf in in Course parking lot from the General Use District to same weekly newspaper printed, whole or part and Sunbgsfore/Lot3 Sunburst Filing 3, and se in the County of Eagle, State of Colorado, and ling forth details in regard thereto- (PEC120037) Applicant Town ofVail, represented by Greg Hall published Planner: Bill Gibson has a circulation therein; that said newspaper 20 minutes 3 Aadfor a general os esdmeguleontionetheVailTownu;t r has been published continuously and uninterruptedly Vail Town Code, to allow for amendments to Section 12-8B- n Codor,pursuanl to wfor amendments ntstoSAmendSectent,ion Height, Vail Town Code, to increase the allowable in said County of Eagle for a period of more than fifty- building height within the r Recreation Dis- trict, and selling forth detailstails in regard thereto - (PEC120039) first t Town ofVail, represented by Greg Hall two consecutive weeks next prior to the publication p an'nerB I Gibson the legal that 45 minutes of annexed notice or advertisement, advertisement; Said Council, pursuant to Section 1'2-3,7,'Amen dmen {� 77 newspnewspaper has been admitted to the United States mails' aper Vail Town Code, for prescribed regulations ame s to Title l2, Zoning Regulations, ailTowCode, Title 14, Development Standards, Vail Town Code, 14, De as a periodical under the provisions of the Act of March 3 o require restoration of watercourses and riparian S' areas, and selling forth details in regard thereto 1879, or any amendments thereof, and that said newspaper Applicant Town Dimond 5 minutes is a weekly newspaper duly qualified for publishing legal llill ill ill notices and advertisements within the meaning of the 5 A report to the Planning and Environmental nditio approval of an Commission on theadministratorexisting amendment to existing conditional use permit, Amendment pursuant to Vail on Code, Procedures, Vail Town Code, to allow for the laws the State Colorado. continued use of a private parking lot, located at 934 South Frontage Road/Unplatted, and selling of of forth details in regard thereto. (PEC120034) Applicant: Vail Resorts Development Company, represented by the Marinello Planning Group Planner: Warren Campbell That the annexed legal notice or advertisement was 6 A request for the review of conditional use permits, pursuant to Section 12-9C-3, Conditional published in the regular and enure issue of every number Uses, Vail Town Code, for a healthcare facility and a public building and grounds, to allow for the re- development of the Town of Vail municipal site with of said weekly newspaper for the period of consecutive a medical research, rehabilitation, and office building and a municipal office building located at _ insertions; that the first 75 and 111 South Frontage Road West/ Unplatted, at ng forth details in regard thereto and publication of said notice was (PEG; 012) in the issue newspaper dated 10/19/2012 that Applicant Vail MOB, LLC, represented by Triumph of Vail, represented by of said and CD.vajoonslum" Partnan ers, Vail the last publication of said notice was dated 10/19/2012 Planner: Warren Campbell ACTION: Table to November 12, 2012 in the issue of said newspaper. 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 selling In I have forth details in regard thereto. (PEC120027) witness whereof, ere unto Set my an i5' ay, 10/26/2012• AppllcanLAnne Upton, represented by Pierce Architects PlannerGibson ACTION: Table to November 12, 2012 .A, - qm,sl for the review of a conditional use permi, pursuant to Section 12-71-5, Conditional „f Uses, Genrally (On all levels of a building or outside of al building), Vail Town Code, to allow for a ski lift and low (gondola), located at 934 South Pam Boyd Frontage Road/ Unplalled, and a request for a conditional use permit, pursuant to 12-813-3, Conditional Uses, Vail Town Code to allow for a ski y lift and low (gondola), located at 830 Forest General Manager/Publisher/Editor He and selling forth details in regard thereto (PEC120035) Applicant Vail Resorts Development Company, Valley Enterprise Planner Warrted en Campbell Marinello Planning Group repreEagle Campbell PCTIO :: Table ACTION: Table [o December 10, 2012 9 A request for a recommendation to the Vail Town Subscribed and sworn to before me, a notary public in Council for a prescribed regulations amendment, toralloow'foramendments to'T le 12, Zoe ng Regulations, to amend the development review and for the County of Eagle, State of Colorado this day SPEC;zoo;o)s°"i"gf°"hd°'ai'si"r°gard'h°r°'°- 10/26/2012. Applicant - Town of Vail Planner Rachel Dimond ACTION: Table to December 10, 2012 10 Approval of October 8.2012 minutes 11.Informalion Updale 12 Adjournment The applications and information about the Pamela J. Schultz, Notary Public J Schultz, proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project My Commission e'er 1 101 G and the site visits precede the 1. ll 1, !r 1J expires P�j Vail public hearing in the Town of Vail Community public Development Department Please call (970) �pRY O ., e� 5� 479-2138 for additional information. Sign language interpretation is available upon PAMELA J. '� 9CHULTZ T y� ...... � request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department publ (850200hod 1) October 19, 2012, in the Vail Daily My Commission Expires 1110112015 Ad ID II 8502001 Date II 10/16/2012 PLANNING AND ENVIRONMENTAL COMMISSION October 22, 2012 1:OOPm TOW N COUNCI L CHAMBERS /PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 "Order and times of agenda items are subjectto change" 20 minutes 1.A recusal for the review of am end me nts to a -ondilio nal use pps mit pursuant to Seolion 12-16-1 D, Am endinsnl Pracoduros, Vail Tawn Code, to alloy✓ for lho rodov&lop moot of tho Vail Coll Course Club House jie. ar ory buildings, perm ant and temporary, and_1customarily ncidenl of and arressory Ic permi feed or rendieian- aloutdoorrecraalionaluses, and necessaryforthe operation thereof, includ'mg restroom", drinking fountains, bl&,_hers, concessions, starmo buil_- Ings, and similar us_sj. lo_nted ,t 1775unburst Drive/Lot 3, Sunburst Filing 3 and Unplatted Par- cels (a complete metas and bounds description is iailable ae the Com munily Develapri Depart- m enl Office and setting forth details in regard thereto. (PE 120036) A pllcantTov✓n of Vail, ropressntod by Grog Hall Planner: Bill Gibson 20 minutes 2A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Scotian 12-3-7, Amsndmenl, Vail Tawn Code, to allow for a rezoning of the Vail Golf Course parking lolfmm the General Use District to the Oulcloar Rocr&,lion District, located at 1775 Sunburst Drivo/Lot 3, Sunburst Filing 3, and set- ting forth details in regard thereto. (PE 120037) Art, ant Town of Vail, represented by Greg Hall P aneer: Bill Gibson 20 minutes 3.A request for a recommendation to the Vail Town Council on prescribed regulation amendments, pursuant to Jection 123-7, Amendment, Vall Tavin Cod&, to allow for euro ndmenls to Section 12-85-7, Height, Vail Town Code. to increase the allowable rutting height within the Outdoor Recreation Dis- tnol, and selling forth dslails in regard Ihsralo. (PE0I2DD'39) ApplicantTov✓n of Vail, represented by Greg Hall Planner: Bill Gibson 45 minutes 4.A request for a recommendation to the Vail Town Councl 1. pursuant to Section 123-7, Amendment, Vail Tawn Cods, or prescribed regulations endmentsto Tille 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, to r&quite reslaratian ofwatercou isos and riparian and sctung forth dotails in royard thortoo. (PEC 12:1611) Applicant Town of Vail Planner: Rachel Dimond 5 minutes 5.A report to the Planning and Enviro n msnlal aur Commission on the administrators approval 01 an lend fent to an-iisling co"dlllonal use psrmll, p 'it to Section 12-16-1 D, Amendment Procedures. Vail Ton' Cods. to allow for the ontlnueI use of a private pparking lot located at 934 South Frontage Road%Unplelled, and sailing forth details, in regard Ihereto. (PEC120D'3A1 Appl ea nt:Vail Resorts Development Company, represented by the Mauriello Planning Group Plannor'. W arron Campbell 6.A request for the review of on d l tional us p rmil s, pursuant to Section 12-9 C3, Conditional Uses, Vail Town Code, far a healthcare facility and a public building and grounds. to alloy✓ tot the re- 1iitoyym l fth Town fV nlclpal l= with odlcal rch, or bit t t n� d ffico bulltling and a municipal office building located at 75 and 111 South Frontage Road WesV Unplatled, and setting forth details in regard Ili (PE012DD12) Applicant. Vail MOB LLC, rpresented by Triumph Dovelop m&nt and Town of Vail, reprtoo ntod by Consilium Pattnors, Vail Planner: Warren Campbell ACTION: Table to November 12. 2012 7.A request for the review of a variance from Seclioit 12-6G-6, Setbacks, Vail Town Code, pursuant to Chaptor 12-17, Variances, Vail Town Coda, to allow for the construction of a garage within the setbacks, located al 4192 Columbine Way/Lots 25 8 20. Bighorn Terrace, and setting forth dslails in regard Ihereto. (PEC12D027) AppllcantAn ne Upton, repre se ntsd by Pierce Architects Planner'. Bill Gibson ACTION: Table to November 12. 2012 8.A raqu eel for Ihs rsvi so,of a conditional usa ,or, pureua nt to Sacti on 12-71-5. Condilmnal Usss, Generally (On all levels of a building or Allsicle of a building), Vail Town Cocle. to allow for ski lift and tow ig ondolal l"'T at 934 South Frontage Road/ In acted, and a request for a ondltlonal use permit, pursuant 10 12 -BB -3, Conditia nal Usss, Vail Town Code to allow for a ski lift and low (gondola), located at 830 Forest Road/UnPlall" and selling forth details in regard dictate 1,PEC120035) Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group Planner: Warren Campbell ACTION: Table to December 10, 2012 9.A request brarsgoirmci dution to the Vail Town Council for a proscribed rogLi atIons amendmont pursuant to 12-3-7, Amondmonl, Vall Tovm Code, to allow for amend meets to Tltla 12. Zoning Regulations, to amend the development review process, and sailing forth details in regard thereto. (PE012DO10) A��pllcant. Town of Vail Plannor'. Rachel Dimond ACTION: Table to December 10, 2012 10. Approval of October 8, 2012 minutes 11.Inbrnialion Update 12. Adjournment The applications and information about the proposal ✓,liable for public inspsrlion during regular office hours at the Town of Vail Comm unity Develo sol De,utfl nl, 75 Soulh Frontage Road. he public is ice yid to arcond the projt oleo ration and the sots that prated& the p ebllc hearing in the Town of Voll Community 4 atop fent Department. Please call (97G) 4]92138 for addilionel information. Sign long uags rote rip relation Is available upon rcquestwrh 24-hour notification. Incase _,111970) 479-2356. Telephone for the Haring Impairod, for Information_ Communily Dsvelaprnenl Department. Published October 19, 2012, in the Vail Daily. (8502901) Ad shown is not actual print size Time 3:46 PM TOWN OF VAIL9 PLANNING AND ENVIRONMENTAL COMMISSION October 22, 2012 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 "Order and times of agenda items are subject to change" MEMBERS PRESENT Susan Bird Luke Cartin Pam Hopkins Michael Kurz Bill Pierce Henry Pratt John Rediker MEMBERS ABSENT 20 minutes 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 Page 1 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. Page 2 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. Page 3 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. Page 4 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 Page 5 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 Page 6 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 12-71-5, 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 Page 7 10. Approval of October 8, 2012 minutes ACTION: Approved MOTION: Kurz SECOND: Cartin abstained) 11. Information Update 12. Adjournment ACTION: Approved MOTION: Kurz SECOND: Cartin VOTE: 4-0-3 (Bird, Rediker, 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. Page 8 rowx of va PLANNING AND ENVIRONMENTAL COMMISSION October 8, 2012 at 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado 81657 "Order and times of agenda items are subject to change" MEMBERS PRESENT Luke Cartin Pam Hopkins Michael Kurz Henry Pratt MEMBERS ABSENT Susan Bird John Rediker Bill Pierce 20 minutes A request for a recommendation to the Vail Town Council for a major amendment to a Special Development District, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to amend Special Development District No. 34, Flaum - The Valley Phase V, located at 1521, 1601, and 1631 Buffehr Creek Road/Lots A, B and C, The Valley — Phase V Subdivision, to allow the employee housing requirements of the Special Development District to be met off-site through the provisions of Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. (PEC120033) Applicant: James and Romma Flaum, represented by the Mauriello Planning Group Planner: Bill Gibson ACTION: Recommendation of approval with modifications MOTION: Kurz SECOND: Cartin VOTE: 4-0-0 Bill Gibson gave a presentation per the staff memorandum. Commissioner Kurz inquired as to when the proposed EHU exchange would occur and where it might be. Dominic Mauriello responded that the applicants would likely request an exchange in the next year. At this time they did not know where the new EHU would be located, but it would comply with the exchange rates outlined in the Town Code. He continued by presenting a power point presentation on the location, history, and the elements of the application. Commissioner Pratt inquired as to how the EHU garage was calculated into the proposal. Dominic Mauriello clarified that that the proposed GRFA limits would accommodate incorporating the EHU and the EHU garage in the existing house. Commissioner Cartin inquired as to timing of accepting the new EHU and vacating the current deed restriction. Dominic Mauriello explained the simultaneous nature of these actions. Commissioner Kurz made a motion to forward a recommendation of approval with the modifications identified in the staff memorandum. There was no public comment. 2. 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 Page 1 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: Tabled to October 22, 2012 MOTION: Kurz SECOND: Cartin VOTE: 4-0-0 3. 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 October 22, 2012 MOTION: Kurz SECOND: Cartin VOTE: 4-0-0 4. 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 October 22, 2012 MOTION: Kurz SECOND: Cartin VOTE: 4-0-0 5. 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 October 22, 2012 MOTION: Kurz SECOND: Cartin VOTE: 4-0-0 6. A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for amendments to the employee housing unit deed restriction exchange program review process, and setting forth details in regard thereto. (PEC120017) Applicant: Town of Vail Planner: Bill Gibson ACTION: Tabled to November 26, 2012 MOTION: Kurz SECOND: Cartin VOTE: 4-0-0 7. Approval of September 24, 2012 minutes ACTION: Approved MOTION: Kurz SECOND: Hopkins VOTE: 3-0-1 (Cartin abstained) 8. Information Update 9. Adjournment Page 2 ACTION: Approved MOTION: Cartin SECOND: Kurz VOTE: 4-0-0 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 5, 2012 in the Vail Daily. Page 3 TOWN OF "VAIL' Ill :.t.i + e 1=M, 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 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 sloping roofs in the Outdoor Recreation (OR) District. Conditional use permit amendments to allow for the redevelopment of the Vail Golf Course clubhouse. Based upon the applicant's request (Attachment B), the proposed renovation of the golf course club house includes the following: "• Dedicated banquet room with a capacity for 200 people • Pre -convene space sufficient to support the banquet room • The common areas, restrooms, elevator and stairs will be shared throughout the building, however there will be separate entrances for the banquet room and the recreation uses • A grill/bar is sized for +/--40 people plus outdoor/deck space Town of Vail Page 2 • 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 pace, Field expansion and restroom renovation at the Ford Park Sports Complex, and Ford Amphitheater improvements, including outdoor seating and restroom improvements?" Town of Vail Page 3 On April 16, 2012, the Town of Vail (golf course property owner), in cooperation with the Vail Recreation District (golf course operator), submitted a final plat application and a rezoning application intended to facilitate future renovations to the Vail Golf Course clubhouse building in response to the 2011 election. On May 14, 2012, the Planning and Environmental Commission approved a final plat creating the Vail Golf Course Clubhouse Parcel and forwarded a recommendation of approval to the Vail Town Council for the rezoning of the golf course clubhouse site from Outdoor Recreation District to General Use District. Based upon subsequent public input, the applicant has withdrawn those applications. Prior to submitting new development applications for renovating the Vail Golf Course clubhouse, the Vail Town Council and the Vail Recreation District held multiple public hearings and community open houses to obtain additional public input on a variety of golf course related issues and proposals, including: a re -zoning process for the site, proposed parameters for use of temporary tents on the clubhouse site, possible uses for the existing 18th green following realignment of the hole, parking lot access, netting for the driving range, clubhouse remodel design, including site layout, landscaping, circulation, floor plans and elevations, etc. On September 24, 2012, the Town of Vail, in cooperation with the Vail Recreation District, submitted the subject zone district boundary amendment, prescribed regulation amendments, and conditional use permit amendment applications to facilitate renovations to the Vail Golf Course clubhouse. On October 11, 2012, the Town of Vail and the Vail Recreation District were notified of a complaint filed by adjacent property owners in Eagle County District Court alleging the golf course renovation project violates an existing covenant on the golf course property, among other claims. At this time, the lawsuit does not prevent the Planning and Environmental Commission's review of the three submitted development applications. IV. ROLES OF THE REVIEWING BODIES Planning and Environmental Commission: The Planning and Environmental Commission is responsible for forwarding a recommendation to the Vail Town Council of approval, approval with modifications, or denial of zone district boundary amendment applications and prescribed regulation amendment applications, in accordance with the provisions of Section 12-3-7, Amendment, Vail Town Code, The Planning and Environmental Commission is responsible for final approval, approval with modifications, or denial of a conditional use permit application, in accordance with the provisions of Chapter 12-16, Conditional Use Permits, Vail Town Code. Design Review Board: Town of Vail Page 4 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 Town of Vail Page 5 I)! Ot, ,i% !� !� r��/ '. ��/ V,,,. A///c ri r piJ V re /9y "�/ /.; / � / 5 O. ✓/nr( ! M)., o /% 3''�rMf//i� /➢�J/ /1i ID ' /1f/�� .r �Hr"r% / %�(MNl� % �,, a��ih„ // MI nf•' /y� A49' i/iN / J �lim r /iJM lyNl.11/ /r,1J 6.. %t„"�, v,,rr /a af. iJ, AAS M ✓i �.^MIYP fa /a. � ,,,,, � / / ffi%/ r r// // � �� N �/ fsr,( . »i /p /H�➢(f, .Y. /ryp %�fU..: :ow , �� / rY � /J „/ ;', °i�J�'%�.�1 /�� /r •. � Nr Wil" r /, 'l r/r01 %',. �Y%41N/ M"�1, n/i(/cn Ilfix, 1r kxH,J�I J I �� f f � �p Alf / lr % . S � �q / r/ lj ➢!U r Y � 1D / �✓ ��Yl�; r l /y (((�.ri / �/�i / /.'!' ,/1%�J�f,%/r� rfJ'%Y�"I. � %s ”. ,.J / ��1�r5r „..e f//➢'(i1,4f f. a, i / M l 0///,H/% % � r, ��'. r�'/ / �j/• � f �4 �/'lj�r// �' Qtr s'i � / y� 1"' iNA, IP;I,� n ,/��@° Vail Golf Course Clubhouse Re -Development Re -zoning Request Text Amendment to Outdoor Rec Zone District Amendment to Conditional Use Permit Prepared for: Town of Vail 75 South Frontage Road Vail, CO 81657 September 24, 2012, revised October 2, 2012 Vail Golf Course Clubhouse Re -Development Introduction The purpose of this report is to provide background information and rationale for development applications pertaining to the proposed re -development of the Vail Golf Course Clubhouse. The following information is provided below: • Summary of proposed Clubhouse improvements, • Purpose of submittal, • Background on the Clubhouse and this proposal, and • Development applications. This application is submitted on behalf of the Public Works Department of the Town of Vail in conjunction with participation of the Vail Recreation District. In 2011 the Vail Town Council took steps to seek voter approval to re -allocate Conference Center funds to other Town projects. The underlying goal of this effort was to utilize the approximately $9.4 million on projects that would "increase overall economic vitality" throughout the Town and among other things have the potential to increase occupancy, have the potential to increase sales tax growth as a result of the investment and enhance the experience for those who live, work and play in Vail. In the Fall of 2011 voters approved the use of Conference Center funds for three projects — Golf Course Clubhouse improvements, a Vail Village Visitor's Center and Ford Park improvements. Specific improvements for each of these projects were defined in response to the underlying goals articulated in the 2011 ballot language: Without increasing taxes, shall the Town of Vail use the remainder of the one and one-half percent lodging tax revenues and one-half percent sales tax revenues collected from January 1, 2003 through December 31, 2005 to fund the following projects that will promote recreation, promote tourism and support the economy in the Town of Vail: Expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including multi -use community space; Field expansion and restroom renovation at the Ford Park Sports Complex; and Ford Amphitheater improvements, including outdoor seating and restroom improvements? Vail Golf Course Clubhouse Re -development Re-zoning/Code Amendment/CUP The primary improvements envisioned for the Clubhouse included a new, dedicated banquet room and a number of other improvements to the facility that would significantly improve nordic and golf course operations and the overall experience of the guests and users of the building. At a very general level, the following vision statement for the project has played a major role in design decisions over the past months: "... to design a facility that broadens the appeal of golf and nordic facilities while expanding the opportunities for year around use, by creating a unique and special sense of place that is aligned with guest expectations for a world class destination resort ... " This broad vision statement has influenced the overall direction of the project design. However, many other factors including but not limited to the development program, operations, existing improvements and overall site features and characteristics have directly influenced the team's approach to project design. A plan set of proposed improvements has been submitted under separate cover. Specific parameters used in the project design included: • Dedicated banquet room with a capacity for 200 people • Pre -convene space sufficient to support the banquet room • The common areas, restrooms, elevator and stairs will be shared throughout the building, however there will be separate entrances for the banquet room and the recreation uses • A grill/bar is sized for +/-40 people plus outdoor/deck space • A kitchen is sized to serve the grill and a separate "warming kitchen" space for the banquet space. • Arrival to Golf/ pro shop and Nordic space should be placed at the parking lot level • Project design that provides for both a winter operation plan and a summer operation plan and any use of the cart barn in the winter should present a finished quality expected for Vail guests • The separation of uses and enhancement of circulation throughout site and within the building • Locate golf course finish area on the east side of the building in order to encourage golfers to exit through the grill/pro shop and to clarify circulation on the front side of the building • Maintain approximate existing square footages while increasing the efficiency and functionality of the building • Two-story tall (4 level) building • Reuse of as much of the existing building structure is critical to maintain the original project budget. Vail Golf Course Clubhouse Re -development 2 Re-zoning/Code Amendment/CUP Purpose of this Submittal Three related development applications are proposed in order to facilitate the re- development of the Clubhouse. These include: 1. Re -zoning a portion of the Clubhouse area from General Use (GU) to Outdoor Recreation (OR), 2. A text amendment to the OR District to increase allowable building height from 21' (flat roof) and 24' (sloping roof) to 30' (flat roof) and 33' (sloping roof), and 3. Amendment to existing Conditional Use Permit to allow for modifications to the Clubhouse. The first step in the PEC's review of this project will be a series of work sessions, the purpose of which will be to introduce the project, address the PEC and community's initial questions and comments, scope potential issues and get other input on the project. PEC action on these applications will then be held after final plans have been re -fined. Background on the Clubhouse and this Proposal Following voter approval in the fall of 2011 to reallocate a portion of Conference Center Funds to the Clubhouse project the Town assembled a project team and design work on project began earlier this year. Since that time the team has held numerous meetings with the Town Council and the Recreation Sub -Committee to define the scope of the project and to review progress on the design of the project. In August a neighborhood meeting was held at the Clubhouse to gather input from the community regarding their issues and concerns with the project. The project team is currently involved in a series of public work sessions with the Town Council. The focus of these work sessions has been to discuss all aspects of the project, specifically dealing with neighborhood issues/concerns and potential alternatives for how the zoning, project design and operation of the new facility can address neighborhood concerns. In 1986 a Conditional Use Permit for the expansion of the Clubhouse was approved by the PEC. Main elements of the '86 expansion was new golf cart storage, expansion of the bar/dining area, a new meeting room and an expanded kitchen. Today the facility reflects the plans approved by this 1986 approval. Historically the facility has been used as the clubhouse for the golf course, for nordic skiing, and for banquets and other special events. The Vail Golf Course is located on portions of Vail Village Filing 7 and Filing 8 and on a number of unplatted parcels. The existing Clubhouse is located on an unplatted parcel that is zoned Outdoor Recreation (OR). An area generally encompassing the Clubhouse parking lot is located on Lot 3, Sunburst Filing 3 and is currently zoned General Use Vail Golf Course Clubhouse Re -development Re-zoning/Code Amendment/CUP (GU). In both districts "golf courses" are a permitted use and "accessory buildings" (i.e. the Clubhouse) are a conditional use. As such, an amendment to the current CUP is necessary in order to allow for the planned re -development of this facility. Development Applications The following summarizes the three development applications proposed for the Vail Golf Course Clubhouse re -development project. Re -Zoning of Parking Lot from General Use (GU) to Outdoor Recreation (OR) Currently the Clubhouse area is zoned two different zone districts. The parking lot is zoned GU while the Clubhouse building and immediate area is zoned OR. Having what is essentially one development site zoned two different zone districts creates an awkward situation and this re -zoning request is proposed in large part to remedy this existing situation. Either the OR or GU district could provide a suitable and workable zoning for the golf course clubhouse area. Based in large part on input from the community, the GU portion of the Clubhouse area is proposed to be re -zoned to OR. Many residents in the golf course neighborhood expressed concern with the board range of potential land uses under GU zoning and to address this concern the proposed re -zoning would designate the entire Clubhouse area as OR. The OR zone district, while allowing for the golf course and clubhouse use (as a CUP), does have a very restrictive building height limit. A code amendment to the OR zone district is proposed to remedy this situation (see below). Criteria to be used in evaluation of a proposed change to zone district are as follows: How the proposed change in district boundaries is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the Town of Vail's development objectives. 2. How the proposed change in district boundaries is compatible with and suitable to adjacent uses and appropriate for the area. 3. How the proposed change in district boundaries is in the best interest of the public health, welfare and safety. A response to how the proposed rezoning conforms to these review criteria will be provided in updates to this application prior to formal PEC hearings. Vail Golf Course Clubhouse Re -development 4 Re-zoning/Code Amendment/CUP Waal k➢ Building Height Code Amendment to Outdoor Recreation The OR district currently limits building height to 21' (flat roof) and 24' (sloping roof). This limitation creates significant design constraints and is also the most restrictive height limitation of any zone district within the Town. In order to establish a building height that will allow for the design of an appropriate, quality building a code amendment to allow for building height of 30' (flat roof) and 33" (sloping roof) is proposed. Building height of 30'/33' in the Clubhouse area is consistent with the building height of surrounding properties and is thought to be reasonable given the context of this location and the role the Clubhouse plays in the operation of the golf course. However, building heights of 30'/33' may not be appropriate elsewhere on the golf course or on other OR zoned properties. For this reason a narrowly defined code amendment will be proposed to limit the locations and/or circumstances where building height of 30'/33' may be permissible. Alternatives for how to amend building height in the OR District include: Limiting the building height increase to specific types of buildings or to specific locations, Vail Golf Course Clubhouse Re -development Re-zoning/Code Amendment/CUP 2. Establishing specific criteria that must be met in order to allow for buildings up to 30'/33', or 3. Utilizing the CUP process to review the appropriateness of building height up to 30'/33'. These alternatives will be presented for discussion with the PEC at upcoming work sessions. Criteria to be used in evaluation of a proposed amendment to the zoning code are as follows: How the proposed amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the Town of Vail's development objectives. 2. How the proposed amendment is compatible with and suitable to adjacent uses and appropriate for the area. 3. How the proposed amendment is in the best interest of the public health, welfare and safety. A response to how the proposed code amendment conforms to these review criteria will be provided in updates to this application prior to formal PEC hearings. Amendment to Existing Conditional Use Permit (CUP) A CUP is currently in place for the Vail Golf Course Clubhouse. An amendment to reflect the proposed re -development and use of the new facility is proposed. Historically the Clubhouse building has been an accessory use to the golf course (cart storage, lockers, food and beverage, pro shop, offices, etc.), has been used by the Vail Nordic Center during winter months and as a facility to host banquets, parties and other functions. The later use has occurred in the existing bar/restaurant area. When used for banquets and other functions the capacity of the bar/restaurant area has been approximately 120 people. While this space has been used for these purposes for many years the existing CUP includes no specific parameters regarding this use of the building. Proposed uses for the Clubhouse are the same as how the building has historically been used - the Golf Course will utilize the facility in the summer, the Nordic Center in the winder and throughout the year the building will be used for banquets and other functions. While uses remain the same, significant upgrades will be made to the building and to the overall guest experience of its users. A dedicated space for banquets and other functions with a capacity of 200 people is the most significant change to the building. Other improvements include a new bar/restaurant (intended primarily to serve golfers), improved spaces for the pro shop and nordic operations, expanded golf cart storage, and Vail Golf Course Clubhouse Re -development Re-zoning/Code Amendment/CUP improved lockers, circulation, restrooms, etc. The building and site design will dramatically improve the sense of arrival to the facility and is also designed to better organize uses and where necessary separate the various users of the building. The CUP includes two main elements — the Development Plan (comprehensive design drawings of the proposed building and site improvements and an Operations/Management Plan (a document outlining how the facility will be used and managed). The CUP also includes a diagram defining the area covered by the CUP (see below). This area includes the Clubhouse building, parking lot and the immediately surrounding area. Improvements planned for the Clubhouse are located within this area and commitments or obligations outlined in the Operations Plan pertain to this area. C'01AI• Below is a summary of the Development Plan and the Operations/Management Plan. Development Plan In accordance with submittal requirements for a CUP, a Development Plan for the project has been submitted. This plan provides comprehensive information on the design of the building along with site and landscape improvements. Information provided includes building elevations and floor plans, roof plan, site plan, landscape plan, grading plan and lighting plan. The Development Plan has been submitted under separate cover. Development Standards Vail Golf Course Clubhouse Re -development Re-zoning/Code Amendment/CUP The proposed building has been designed to conform to all zoning/development standards as outlined in the OR Zone District (assuming the proposed height amendment is approved). Specific information on these standards will be provided as the design package evolves in the coming weeks. Parking requirements for the proposed building can be satisfied with minor expansion and re -organization of the existing parking lot. The following summarizes how parking has been calculated for the facility. The Town's Zoning Code does not include parking requirements specific to a golf course. As such, parking demand for the course and clubhouse facility has been determined based on the parking that currently exists and then assessing a new parking demand for the expansion or change to any of the parking generating uses within the Clubhouse (i.e. the banquet facility, restaurant and pro shop). Vail Golf Course IParkdng Analysis 1 -Oct -12 Existing Parking Condition .... ...... ....,LLL IFxustiina Parkin 5oaces 112.0 104 striped spaces plus excess aspliadt area capable of accommodating additional spaces pp . Parlkdn Breakdown Space „„„,,. d,„.,.,., Sf 1 Requirement as per Code .. .,.,.. Restaurant 15.8 18981 1 space per 120 SFi Meeting Room3 3 39591 space per 120 Sl Pro Shop 3.0 889 1 space per 300 SIF Golf Course 89.9 n/'a No code resp. for course, parking determined Iby subtracting other uses frorn existing space Total 112.0 Proposed Parking Demand New Parkin& Reg uirement Space SF Req Restaurant 7.6 917 1 space per 120 SF Meetinglassembly space 29 2 2780 1 space per 120 SF . Pro Shop 5.4 16271 spare per 300 SF .,,,, .,,,, .,,,, ............................... Golf Course 84.9 Course requirement determined by subtracting other uses from existing spaces toted 126.1 .,,,,, 2.595 fvddJ credot 3.2 .,,,, y .,,,, .,,,, .,,,, .,. .,,,, . ,,,,. Total new requirement 123.0 ,,,,, .,,,,, .,,,, .,,,,, SF are approxirnate and subject to change as .,,,, ,,,, .,,,, designs are refined, .,,,,, .,,,, .,,,, „ �, ....................... „ .,,. „ .,,,, ......................... ., .,,,.. In order to meet the Code requirement for parking, an additional 12 spaces have been added to the existing parking lot. It should be understood that this parking, while satisfying code requirements does not address the potential parking impacts of an event being held in the banquet room during peak golf course operations. In these cases a Parking Management Plan will be implemented. This plan will be defined in the Operations and Management Plan for the facility. Operations/Management Plan There are currently no parameters or limitations on how the Clubhouse can be used for banquets and other functions. It is recognized that operational parameters do need to be Vail Golf Course Clubhouse Re -development Re-zoning/Code Amendment/CUP established in order to minimize any potential impacts of the facility on the immediate neighborhood. The Vail Recreation District is currently preparing an Operations and Management Plan for the facility. It is anticipated that this plan will address topic such as lighting, hours of operation, amplified sound, and parking management. This plan will be an important element of the CUP and it is expected that it will be incorporated into any final approval for the project. Criteria to be used in evaluation of a proposed CUP are as follows: Describe the precise nature of the proposed use and measures proposed to make the use compatible with other properties in the vicinity. 2. The relationship and impact of the use on development objectives of the Town. 3. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facility's needs. 4. The effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking area. 5. The effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. A response to how the proposed CUP conforms to these review criteria will be provided in updates to this application prior to formal PEC hearings. Information on each of the three applications will be updated in the coming weeks in response to input received from the PEC, Town Council and community. 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Lj 11 i ! p FE C CEUWFE OCT 17 ZU'1Z 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 I8th Hole/Zoning and Conditional Use Permit Dear Planning and Environmental Commission (PEC): As you are aware, the Town of Vail plans to enlarge the Vail Golf Course clubhouse, move the 18th green of the golf course, destroy portions of the 18th hole fairway, and use the entire area as a revenue- and tourism -generating events center. You may also be aware that a number of us—as neighbors who own homes adjacent to or near the Vail Golf Course—have filed a lawsuit to prevent the Town from proceeding with its current plans. To meet its goals, the Town has sought to amend the conditional use permit (CUP) it received in 1986 to expand it in both size and scope. It also seeks to amend the zone district to change the golf course parking lot from a General Use District to an Outdoor Recreation District. Finally, it seeks to amend the zoning for the clubhouse to allow it to increase the clubhouse's height. As citizens and property owners of Vail, we feel it is important for the PEC to be aware of our position regarding the Town's requests. We do not oppose changing the parking lot from a General Use District to an Outdoor Recreation District. We also take no position at this time on the Town's attempt to change zoning relating to height requirements because it is still unclear exactly what the Town will seek (although we reserve the right to oppose the Town's plans in the future once they become more clear). We oppose, however, the Town's request to amend the Conditional Use Permit to allow it to move forward with its proposed changes to the clubhouse, the 18th green, and the 18th hole fairway. While we support the effort to improve the clubhouse, we cannot permit the plan to convert the clubhouse and neighboring area to an event center in violation of the reasonable expectations of the neighborhood, the voters who approved the use of convention center funds for clubhouse improvements, and the golf community. Numerous citizens have raised objections and issues with the Town Council regarding the proposed changes to the golf course and its clubhouse, indicating that the Town's current plans are unacceptable. Despite this, the Town has refused to address the citizens' concerns or to change its plans in any meaningful way. The issues are numerous and are so intertwined with the Town's current proposals that the only way for the Town to address them is to abandon its current course altogether and begin anew with plans to renovate and update the golf course clubhouse within its existing footprint and without moving the 18th green. That was what the Town Council members promised was their intent, that is what the voters approved, and that is what the Vail Golf Course neighbors, citizens of Vail, and golfers support and deserve. Reasons for Opposing the Town's Plans and Application to Amend the CUP We oppose the Town's current plan for the following reasons: 1. Development of Program Without Timely Neighborhood, Golfer, or Other Involvement. The Town failed to engage the neighborhood and many others effectively during the development of its plan for conversion of the 18th hole and the clubhouse until after their plans were fully and privately developed. Even the first notices circulated to the neighborhood, in connection with a PEC meeting held on May 14, 2012, were misleading. They referred to the "clubhouse" only and not to the area around the clubhouse, the 18th green, or the 18th fairway, all of which the Town has, from the beginning, intended to change. Only after two neighborhood owners realized the impact of the program did the rest of the owners in the neighborhood around the Golf Course realize how vast the Town's plans were. By that time, the Town had already traveled so far down its intended path that it either could not or would not change course. It adopted an inflexible position and largely ignored the opinions and opposition of the golf course neighbors, the golfing community, and even some of the members of the Vail Recreation District ("VRD"). 2. Size/Capacity of Project. The material the Town created and circulated on 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. 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. 5. Destruction of 18th Fairway and Green. The Town currently plans to shorten the 18th fairway and move the 18th hole east of the clubhouse, converting the current 18th green into a putting/practice green that could also host large tent events. Only after voters raised concerns did the Town invent a number of safety concerns in an attempt to justify the move. These safety concerns, which were never mentioned in connection with the proposal to spend convention center funds on this project, are nothing more than a smokescreen that will allow the Town to proceed with cutting off the western third of the 18th hole, all for the purpose of raising revenue for itself through the event center. Even if the Town's "no additional parking" commitment were credible, there is simply no way of knowing how the Town will use that property if it receives the CUP it is requesting, both now and in the future. The uncertainty regarding how the Town intends to use the 18th green will serve as a perpetual cloud over the neighboring properties and will significantly reduce the value of neighboring homes. 6. Noise. The Town's plans will create noise that will serve as a nuisance to all homeowners along the 18th fairway and current 18th green and in the adjoining townhomes. Indeed, the expansive use of the facility as a revenue-producing events center raises the following concerns regarding noise: a. Orientation of activities. The Town's current proposals place activities in the one location that will maximize the noise nuisance to the homeowners. b. Lack of effective control. The Town has shown an inability to control the noise level of events held in the modest space already at the clubhouse, even when neighbors complain. If the Town succeeds in creating an event 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. 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. 7. Lighting. Lighting associated with evening activities will be a nuisance to the neighborhood in several respects. Because lighting for outside activities will most likely be affixed to the building, it will shine toward the residences, creating a continuing glare. Any lighting sufficient to illuminate the outdoor banquet areas will almost certainly be bright enough to illuminate the adjoining properties as well. And because lighting will be necessary beyond the period when events occur, as people are leaving to their vehicles, it will be a problem well past midnight, resulting in an aggravated impact on the neighboring residences. 8. Erratic Behavior and Lack of Law Enforcement. During past social gatherings at the clubhouse, which were much smaller than that which the Town is proposing to host, the conduct of attendees has often been out of control, resulting in safety issues and disturbance to the neighborhood. And calls to law enforcement have been ineffective. Larger events designed to be outside will only increase such activity. 9. Tents. The CUP the Town is seeking will allow it to use the 18th fairway and the 18th green as a venue to raise large tents under which they can host affairs even larger than those contemplated for the events center itself. Such a use will only exacerbate the issues we have already raised, including noise, lighting, and unruly behavior, and will create opportunities for other nuisances and torts, such as trespasses onto the residential properties. The information the Town has circulated indicates that the Town will prohibit private parties from using tents but that the Vail Recreation District may still use tents for special public events. The issues we have raised, however, are as much a concern for public functions as they are for private ones. Moreover, the Town could change its policy in the future to allow tents for private events. 10. Reconfiguration of Driving Range Nets. The Town insists on increasing the height of the driving range nets, which will distract golfers, tourists, motorists along I-70, bikers, and others attempting to enjoy the scenery. No valid reason exists for reconfiguring the driving range nets, especially if the Town abandons its plan to move the 18th green. The movement of the green is what places golfers in danger. The Town's current plan is forcing it to spend large sums of money to address safety concerns that would not exist if the Town would simply reconsider its current course of action. 11. Lack of Buffer to Protect Residences. Whatever activities occur at the current parking lot, the current clubhouse site, or at the current location of the 18th fairway and green, the impacts on the neighborhood will be significant. There is simply no way to buffer the homeowners from the activities. At Donovan Pavilion, the nearest residence to the building is approximately twice the distance as is the nearest residence on Sunburst Drive to the Vail Golf Course clubhouse. In addition, at Donovan, Gore Creek and a wide and dense growth of evergreen trees shield the nearby residences. If this project goes forward in any manner other than by simply creating a quality golf course clubhouse with no significant event facility, the neighborhood residences will experience substantial reduction in value and will require increased protection from both parking activities and event functions. 12. Uncertainty Regarding Zoning and Development Plans. Because of the broad options available under the zoning regulations, if the PEC were to grant the Town's requested changes to the CUP, the Town would have broad flexibility regarding how to use the clubhouse, the 18th green, and the 18th fairway. This is especially true because the Town refuses to be bound by any of the proposals it has put forth to the PEC. The uncertainty regarding how the Town intends to use the property prevents the residents of the adjoining properties from the normal use of their residences, decreases the property and resale value of the golf course neighbors' homes and properties, and leaves open the possibility that the Town will, at a later time, use the property for purposes other than those it now identifies. 13. General Considerations. In addition to the issues identified above, the following more general concerns also warrant consideration: a. the events center will likely compete with a number of local businesses; b. given other event centers that are existing or soon coming on-line, the Town simply does not need another event center or wedding venue; C. the Town would spend far too much on this project, draining its reserves and committing future revenues, which will result in less funding to be available for Ford Park improvements and other Town priorities; d. many or all homes and townhomes along Sunburst Drive will lose substantial value, which could result in additional costs to the Town for this project; and e. the operation of the proposed center would be a money-losing proposition, but if the Town were to abandon its plan and limit itself to renovating the clubhouse only within its existing footprint, it could save millions of dollars, which should make the project an operational and financial success. Requested Actions We request that the PEC deny the Town's request to amend the CUP, which needs no amendments to renovate the golf course clubhouse within its current footprint, as the Town promised was its intent. The Town never mentioned to the voters of Vail its intent to move the 0 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, AA �44Z4 Samuel H. Maslak Cdr. Luleta Maslak R. Glenn Hilliard Steven B. Chotin Deborah L. Webster Richard J. Callahan Mary Celeste Callahan Curtis Olson Landon Hilliard Lee Chapman Sandra Chapman Richard Knowlton Nancy Knowlton 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 McAvity, 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) 1 14 June (continued) Johnson, Randy Seidman, Paul Guerry, Robin and Ken osusja@aol.com Crowley, Charlie and Ginny 15 June Lamb, George Bugby, Dale (2nd) 19 June Sunburst owner (Hilliard, G., and other adjacent property owners) by Abplanalp 20 June Hatami, Todd (3rd) 21 June Taylor, Eric (2nd) Connors, TJ (2nd) 26 June Chapman, Sandy and Lee (adjacent property owners) Webster, Deborah (adjacent property owner) Blanchard, Stephen (adjacent resident) Ludwig, Tom Hilliard, Glenn 27 June Hilliard, Glenn, and other adjacent property owners by Abplanalp (2nd) 28 June Woods, Peter and Sandy Newsam, Sarah Collins, Stephen P 29 June Chotin, Steven and Robin (adjacent property owners) Cook, Don Hinds, Richard 2 July Bugby, Dale (3rd) Hamelin, Rol Wikert, Alinda Walsh, Bob and Trudy Goldstein, David and Mary (2nd) Hilliard, Landon (adjacent property owner) Wyman, Frederick Busse, Gretchen (adjacent property owner) Olson, Curtis (adjacent property owner) Cady, Steve Pollack, Susan Ogden, Gordy (2nd) Carlson, John Furstenberg, Peter and Dorothy Seidman, Paul (2nd) Essin, Bob Rey, Schram Schram, Liz Starfire Company (adjacent property owner) sgjink@aol.com Vande Garde, Larry D., MD Walker, Carrie Zeltman, Malin (2nd) Zeltman, Bob (2nd) Smith, Theresa Olson, Curtis (adjacent property owner) (2nd) Sjogren, Karla 03 July Hemelin, Rol and Franberg, Ingie Chapman, Lee and Sandy (adjacent property owners) (2nd) N 05 July Bugby, Dale (4th) Zeltman, Bob (3rd) 11 July Wright, Wayne Hillard and other adjacent property owners by Abplanalp (3rd) 12 July Hilliard, Glenn and Heather (2nd) 0 From: Dale Bugbyjmailto•DaleFromVail(aHotmail.coml Sent: Wednesday, June 06, 2012 9:29 PM To: Bank Bobby; Behler Roger; Benson Jim; Boillot David; Boymer Bob; Connolly Stephen; Cuomo Bart; Dubois Tom; Faessler Johannes; Fermanis John; Foley Kevin; Forey Dan; Goode Eileen; Goode John; Gramshammer Pep!; Hall Rob; Hanlon Margaret; Hiland Debbie; Hitt Farrow B; Hopkins Pam; Irwin Dave; Jonathan Staufer; Kelton Art; Knobel Peter; Knox Allen; Lamont Jim; Levin Rich; Millette Karin; Newbiatt Bob; Office Vail Chamber; Ohde Andrea; Retzlaff Julie; Rosen Bob; Silverman Rick; Sjogren Karla; Staufer Joe; Stevens Patti; Taylor Brian; Thiele Pati; Vail Homeowners Association; Wilhelm Karen; Zemler Stan Subject: Fwd: Save #18 From Becoming an Asphalt Parking Lot! Subject: Save #18 From Becoming an Asphalt Parking Lot! Dear Mens Club Golfers: I found out in the past week about the re -design of #18 at the Vail Golf Course. Manof e n aware o e voter approved new I that m from t o ennuanl-inn ranharFFn c_ a voted to aonraye that last November. Yay, a new we are back of convention space! They don't have enough money to build a proper parking structure, so #18 becomes a parking lot? THIS IS L►nTeapROVED. We Respond to this email before 5PM on Thursday and I will take your response to the Vail REC District meeting. Better yet, show up and voice your opposition at the REC District meeting, 5PM June 7th Thursday in the Town of Vail chambers. Dale Bugby Vail Resort Rentals, Inc. 970-476-0900 www. VailResortRentals.com Wistar Real Estate, Inc. 970-476-6223 www.yistarRea/Estatexom 7/17/2012 4-7-3 Lorelei Donaldson From•• Dale Bugby <dalefromvail@hotmail.com> Sent - Thursday, June 07, 2012 10:54 AM To: admin@vailrec.com; Council Dist List; Stan Zemler, alivrdboard@vailrec.com Subject: FW: Save #18 From Becoming an Asphalt Parking Lot! Dale Bugby Vail Resort Rentals, Inc. 970-476-0900 www. Va#ResortRentals.com Vistar Real Estate, Inc. 970-476-6223 www. VistarRealEMe com Date: Thu, 7 Jun 2012 10:39:04 -0600 Subject: Re: Save #18 From Becoming an Asphalt Parking Lot! From: I uckv71351 aama il.gom To: DaleFromY-ail@hotmail.com From Rob Hall: Typical govt operation. What they dont know, they dont need to know. We should stand up and fight this. Its our right. They need more parking anyway adn pavin4 # 18 isnt how lts done. Thank you On Wed, Jun 6, 2012 at 9:28 PM, Dale Bugby <DaleFromVail(dhotmail com> wrote: Subject: Save #18 From Becoming an Asphalt Parking Lot! Dear Mens Club Golfers: I found out in the past week about the re -design of #18 at the Vail Golf Course. Many of us have been aware of the voter approved new clubhouse money that came from the old convention center funds. We voted to approve that last November. Yay, a new clubhouse! Now that we are back playing golf some of us have noticed a couple of poster boards showing a new golf design for number 18. The current plan has shortened the par 5 #18 to a par 4 finishing hole! As we inquired about it we have been told by our friends on the REC District Board that the golf hole on 18 will go away in August and it is too late for input! REALLY? Too late for input would assume we knew something about It prior to it being too late for input. The Town Council needs our input. The Vail REC District needs our input. The planning department and design review board need our input. The half a dozen homes overlooking the 18th green need our input. The current plan is to pave over #18 so there is adequate parking for convention space! They don't have enough money to build a proper parking structure, so #18 becomes a parking lot? THIS IS NOT WHAT THE VOTERS APPROVED. We agreed to a new clubhouse, not the destruction of the best finishing hole of golf in the Vail Valley. Do we really need a circus tent on #18 doing weddings until midnight? The new clubhouse should accomodate golfers and groups rather than 1 7/17/2012 4-7-10 Lorelei Donaldson From: Dale Bugby <dalefromvail@hotmail.com> Sent: Thursday, lune 07, 201210:52 AM To: admin@vailrec.com; Council Dist List; Stan Zemler; allvrdboard@vailrec.com Subject: FW: Save #18 From Becoming an Asphalt Parking Lot! Dale Bugby !/ail Resort Rentals, Inc. 970-476-0900 www. VailResortRentals-co 14istar Real Estate, Inc. 970-476-6213 www, V-starRea1Estate cram Date: Wed, 6 ]un 201219:21:22 -0700 From: dgmg3142@yahoo.com Subject: Re: Save #18 From Becoming an Asphalt Parking Lot! To: dalefromvail@hotmail.com Good evening Dale, Mv wife and I would both prefer #18 to stay the same. The green isInt a pe ect p ace1n re atlon at=onto Tec u house and the outside patio. We would like to see an alternative plan that leaves #18 in its present form. We are out of town until late June so please include us as part of the opposition to change. Regards, David and Mary Goldstein --- On Wed, 6/6/12, Dale Bugby <dalefromvaiM 4otmaiLcom> wrote: From: Dale Bugby <dalefromvail@hotmail.com> Subject: Save #18 From Becoming an Asphalt Parking Lot! To: "Dale Bugby" <dalefromvail@hotmail.com> Cc: "Alice Plain" <aplain@vailrec.com>, leftnrightpgm@yahoo.com, "Chris Johnson" <cjohnson@vailrec.com>, king_ad@yahoo.com, wgmd@hotrnail.com, rcwildvail@yahoo.com, vailbob@comcast.net, bobwalsh971@comcast.net, rwilhelm@vail-beavercreek.com, bobzeltman@yahoo.com, "Brian Taylor" <tayloredcabinet@gmail.com>, 'BRUCE FRASER" <brucerfraser@msn.com>, c.arford@comcast.net, dstripp@skiclubvail.org, vaildc@comcast.net, daverootl@hotmail.com, kasingleton@q.com, wavygravey@hotmail.com, dgmg3142@yahoo.com, skijetre@msn.com, "Dennis Koller" <dennis_koller@hotmail.com>, d.pappas@comcast.net, dabel@vail.net, mclohman@comcast.net, stevieofpb@gmail.com, etaylor@jjet.com, "Gene Henry" <hiltonvaill@comcast.net>, 1 7/17/2012 4-7-8 Lorelei Donaldson From: Dale Bugby <dalefromvail@hotmail.com> Sent: Thursday, June 07, 2012 10:54 AM To: admin@vailrec.com; Council Dist List; Stan Zemler; alivrdboard@vailrec.com Subject: FW: Save #18 From Becoming an Asphalt Parking Lot! Dale Bugby Vail Resort Rentals, Inc. 970-476-0900 www. Va#ResortRentals. corn Vistar Real Estate, Inc. 970-476-6223 www. VistarRealEstate. com From: dirwin slifer.net To: DaleFromVail(dHotmail.com Subject: RE: Save #18 From Becoming an Asphalt Parking Lot! Date: Thu, 7 Jun 2012 16:19:27 +0000 Vail 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 d Debbie Irwin From: Dale Bugby,[mailto•Da!eFromVail(cDHotmail.coml Sent: Wednesday, June 06, 2012 9:29 PM To: Bank Bobby; Behler Roger; Benson Jim; Bolllot David; Boymer Bob; Connolly Stephen; Cuomo Bart; Dubois Tom; Faessler Johannes; Fermanis John; Foley Kevin; Forey Dan; Goode Eileen; Goode John; Gramshammer Pepi; Hall Rob; Hanlon Margaret; Debbie Irwin; Hitt Farrow B; Hopkins Pam; Irwin Dave; Jonathan Staufer; Kelton Art; Knobel Peter; Knox Allen; Lamont Jim; Levin Rich; Millette Karin; Newbiatt Bob; Office Vail Chamber; Ohde Andrea; Retzlaff Julie; Rosen Bob; Silverman Rick; Sjogren Karla; Staufer Joe; Stevens Patti; Taylor Brian; Thiele Pati; Vail Homeowners Association; Wilhelm Karen; Zemler Stan Subject: Fwd: Save #18 From Becoming an Asphalt Parking Lot! Subject: Save #18 From Becoming an Asphalt Parking Lot! Dear Mens Club Golfers: I found out in the past week about the re -design of #18 at the Vail Golf Course. Many of us have been aware of the voter approved new clubhouse money that came from the old convention center funds. We voted to approve that last November. Yay, a new clubhouse! Now that we are back playing golf some of us have noticed a couple of poster boards showing a new golf design for number 18. The current plan has shortened the par 5 #18 to a par 4 finishing hole! As we inquired about it we have been told by our friends on the REC District Board that the golf hole on 18 will go away in August and it is too late for input! REALLY? Too late for input would assume we knew something about it prior to it being too late for input. The Town Council needs our input. The Vail REC District needs our input. The planning 1 7/17/2012 4-7-9 Lorelei Donaldson From: Dale Bugby <dalefromvail@hotmail.com> Sent: Thursday, lune 07, 2012 10:54 AM To: admin@vailrec.com; Council Dist List; Stan Zemier; allvrdboard@vailrec.com Subject: FW: Save #18 From Becoming an Asphalt Parking Lot! Dale Bugby Vail Resort Rentals, Inc. 970-476-0900 www. Va#ResortRentals. corn Vistar Real Estate, Inc. 970-476-6223 www. VistarRealEstate.com From: c.arford@comcast.net To: dalefromvail@hotmail.com Subject: Re: Save #18 From Becoming an Asphalt Parking Lot! Date: Thu, 7 ]un 2012 09:23:28 -0600 Dale, Unfortunately we will be in Denver on Friday. But thank you for setting up this response to the VRD's plan to tear up #18. For the record I never thought #18 should be changed. It makes no sense to me. I think the clubhouse could be built on a really good golf coursule -ontrVe to tear everything up in this valley! That is my 2 cents worth! Sincerely, Craig and Sue Arford --- Original Message ---- From: Dale Buabv To: Dale Buabv Cc: Alice Plain; leftnrightogm(cDvahoo.com ;Chris Johnson; king ad0)yahoo.com;Mmd@hotmaiI.com1- rgwildvallAyahoo.com ; vailbob@comcast.net , bobwalsh971(c�comcast.net ; rwilhelmavail-beavercreek.com ; bobzeltman ahoo.com ; Brian Taylor; BRUCE FRASER ; c.arford(a)comcast.net ; dstripp cDskiclubvail.ora ; vaildc0comcast.net ; daverootl@hotmaii.com ; kasinoleton(cDg.com ; wavygravey(ftotmail.com ; dam 3�(aDvahoo.com ; ski!etre a@msn.com ; Dennis Koller; d.pappas@comcast.net ; dabel(cDvail.net ; mclohman(cDcomcast.net ; stevieofpb(cDomail.com ; etavlor(a)iiet.com ; Gene Henry; geoffreyr rq oh(aDgmail.com ; aeordy007(aamail .corn ; gsvai113@gmaii.com ; auido1967 cC).hotmail.com ; forehank@aol.com ; huahpaine(a)hotmail.com jasonskisvail(a)gmail.com ; iaymtaylor(aDhotmail.com ; icohen(cDcohenconstructioninc.com ; ieff(cDieffpotto.com ; iiwiles cDmsn.com ; iamesmaurer@bellsouth.net ; hymedog@arosachalets.com ; yhanlonga-amail.com ; vendettasvail(cbaol.com ; ifcanon ccDnetzero.com ; puckhut(qamail.com ; kenwF&-vail.net ; icky11(a)hotmail.com ; Dazzomark@hotmail.com ;yrima(a�vail.net , theschwartzisstron-g(&yahoo.com ; maishl60-omail.com ; thebluecue@aol.com ; ninolicciardi(aD-yahoo.com ; paulbass300comcast.net , nesterD63(cDhotmail.com ; Desso(cDcomcast.net ; Pete Nelson ; pcwvaiil (cDmsn.com ; philbennett8@msn.com ; rich.freybergOlcomcast.net ; sackbauer(cDaol.com ; rodneyjohnson(cDcomf5.com : surfdork880-vahoo.com ; olv&vail.net ; Bob Walsh ; bobcat49(cDaol.com ; taxman(cD-txstate.edu ; stcvaR6 ahoo.com ; storage(cp-vail.net ; todd@ridenl.com ; toddmossa857(aD-hotmaii.com ; toddnvail(cDaol.com ; toddrash(cDvahoo.com ; reeliob2001(5yahoo.com ; truikka(cilexcite.com ; awabbott@msn.com ; davidcranevaiWhotmail.com ; pete.pattison(cD-comcast.net ; 1 7/17/2012 4-7-7 From: To: ='rnu,.,ailrer�n (ni�CG.� n5i; c,rsn 5 �!e,r,,rnhna,�,nu�LL:��,'1 subject: <<N: Save #18 Frcm Becoming an Asphalt Parking lot! DF.1t:e: Thursday, Ione 02, 2012 10:52:05 Al f Dale Bu9by Vail Resort Rentals, Inc. 970-476-0900 Vistar Real Estate, Inc. 970-476-6223 U/ww VistarRealEstate.com From: dirwin@slifer.net To: DaleFromVail@Hotmail.com Subject: RE: Save #18 From Becoming an Asphalt Parking Lot! Date: Thu, 7 Jun 201216:19:27 +0000 Vail 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 Irwin From: Dale Bugby [mailto:DaleFromVail@Hotmail.com] Sent: Wednesday;. June 06; 2012 9:29 PM To: Bank Bobby Behler Roger; Benson Jim, Boillot David; Boymer Bob;; Connolly Stephen; Cuomo Bart; Dubois Tom; Faessler Johannes;, Fermanis John; Foley Kevin; Forey Dan, Goode Eileen, Goode John, Gramshammer Pepi; Hall Rob; Hanlon Margaret; Debbie Irwin; Hitt Farrow B; Hopkins Pam; Irwin Dave; Jonathan Staufer; 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; Vail Homeowners Association; Wilhelm Karen; Zemler Stan Subject: Fwd: Save #18 From Becoming an Asphalt Parking Lot! Subject: Save #18 From Becoming an Asphalt Parking Lotl Dear Mens Club Golfers: I found out in the past week about the re -design of #18 at the Vail Golf Course. Many of us have been aware of the voter approved new clubhouse money that came from the old convention center funds: We voted to approve that last November. Yay, a new clubhouse! Now that we are back playing golf some of us have noticed a couple of poster boards showing a new golf design for number 18. The current plan has shortened the par 5 #18 to a par 4 finishing hole! As we inquired about it we have been told by our friends on the REC District Board that the golf hole on 18 will go away in August and it is too late for input! REALLY? Too late for input would assume we knew something about it prior to it being too late for input. The Town Council needs our input. The Vail REC District needs our input. The planning department and design review board need our input. The half a dozen homes overlooking the 18th green need our input. The current plan is to pave over #18 so there is adequate parking for convention space! They don't have enough money Lorelei Donaldson From: Dale Bugby <dalefromvail@hotmail.com> Sent: Thursday, June 07, 2012 10:56 AM To: admin@vailrec.com; Council Dist List; Stan Zemler; ailvrdboard@vailrec.com Subject: This email says it all Dale Bugby Vail Resort Rentals, Inc. 970-476-0900 www. VailResortRentalscom Vistar Real Estate, Inc. 970-476-6123 www. VistarRealEstate.com 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 18'h 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 From: Dale Bugby [mailto:dalefromvail@hotmail.com] Sent: Thursday, June 07, 2012 9:24 AM To: kenw@vail.net Subject: RE: Save #18 From Becoming an Asphalt Parking Lot! I'm sorry if I am mis-informed. Thanks for correcting the meeting time. I got that time from a VRD Board member. I also got all of my information from other Board members and the golf staff at the clubhouse. If you can stand behind your plans, please do so. I don't see the advantage to screwing up 18 for the benefit of parking or catering. You will destroy over 10 million in property values with your current plan. I don't think you even have that much to spend. Dale Bugby Vail Resort Rentals, Inc. 970-476-0900 www. 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Subject, RE Saver #18 From Becoming an Asphalt Parking Lott Date,.' Tuesday, June 12, 2012 10:47:25 PM Dear Vail Golf Mens, Clubi, The VRD Board meets Thursday June 14, at S PM at the Town Council Chambers. Be there. They need to hear from everyone by email or in person. Some of your feedback so far is: My wife and: I would both prefer #18 to stay the: same,:. The green is In the perfect place In relation to the. clubhouse and the outside patio, We would like to see an, alternative plan, that leaves #18 In its present formi We are out of town until late June so pleaso Include us as part of the opposition to change. Regards, David- and Mary Goldstein I agree 100%1 This Is Not what the voters approved.. -Jeff Potts From what you have said I am appalled I would like to get more involved to oppose From this his defamation of our course. Phil hil Bennett I agree with you completely and strongly disapprove of this decision to change hole i number 1& 1 also feel that this decision and many other recent decisions such as hole u number 3 which used to be a fun hole for the women Is now boring as hell. These u decision are being made without voter approval or input in the process. Thanks for your email. Bob and Malin Zeltman Yea Dale, I have seen that, but that has been a plan for a while. Don't know what we can do!! Paul Seidman I don't reside in Vail, I live in E&,ii,rards, but toll:;,nilly agree with you,- Not:!,"aire my voice matters since I don't having voting rights. But I've lived in Zvall V@Alley for 30 years. Owned a condo in Vail for 10 years before m:oowing down Valley. Changing #18 will diminish the golf course. While the recent improvements have improved play at Vail, changing 18 will be a detriment. Sincerely, C Jeff Cohen The 18th at Vail is one of the better holes that I have played anywhere. It is a: signature ,natt ure hole that should remain a staple on the course. By shortening the hole we create a less challenging course, and shorten a already short course. The Vail Golf Club S 11 a staple of summer recreation in our community by eliminating the long par 5 you weaken ouken the course and the overall experience that people enjoy when they visit our valley: Douglas McAvity, Unfortunatelyi this sort of reply (ifs too late - we already decided for you) has become, the pattern and practice with the local elected6. The whole conference center funds,, allocation. process has been a, fiasco.,The redevelopment of the Town Halt Is ajoke. I I wish isir I could offer up some sort of constructive ideas on this one, but I don't know enough (other than there should have been Input requested a long time ago). Sorry I won't be in town tommorrow night - S1 Stephen, Connolly;, Dale I agree with you but am out of, town,.'" TJT; Oconner,,, Save 1& Chris Forbes Unfortunately we. will be in Denver on Friday. But thank you for setting up this response to the VRD's plan to tear up #18; For the record I never thought #18 should be changedi It makes no sense to me. I think the clubhouse could be built on the same site. It doesn't have to be to grandiose as to change the course. I agree that 5 #18 Is one. of the holes that make Vail a really good golf course. We don't have to tear 4 everything up In this valley! That is my 2 cents worth[ Sincerely, Craig and Sue Arfdr& [atYou need to know that this Is not a VRD project. It Is a TOV project. The VRD Is the tenant, the golf course and at the clubhouse. As to the 18t� hole; there have been numerous t public meetings on the redesign of the hole. There is not one board member 'happy" that public this redesign Is necessary to accommodate the new events center and clubhouse. I wish this you would have taken the time to get your facts "straight" before sending your email. you Thanks. 1 Ken Wilsort Dale I agree ivith you„i. H ugh Wayne Vail REC District -We acre against changing hole #18 at the Vail Golf Course. We do support a new clubhouse, but not the destruction of #18. Dave and Debbie Irwin Typical government operation. What they don't know, they don't need to know. We shouldstand 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 Sounds 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. the Hitt This issue was discussed on Tuesday at the Town Council' meeting. The Councilhas asked'; that we look at what is currently proposed for additional parking and the hole realignment;:. that Is required: to accommodate the parking. h will keep you informed as we proceed and am willing. to meet with anyone who has interest in this projectThis plan is evolving and,' yours: and: others input is welcome.. Thanks, . Stan: Zemler�; We need to find a developer who can design a new clubhouse with a REC CENTER w/ pool. for our community.. Then: revenue can be built by selling memberships to locals - and day passes to visitors.. U could even include a health conscious food outlet to provide for golfers and skiers and rec center users.. Right now thefood outlet is providing mostly fried bar food only. which helps no one after a round of golf or nordlc skling(if even open in wlnter)..Look. at Singletree clubhouse as example of how it's done..Let the convention center be built in town where. the business' need the traffic of conventioneers.. Thanks Dale.. Jeff Potto r ank God I didn't buy a season passlilll I only pay to play Wed Men's club. Not so hen #18 becomes a temporary green back in the fairway. If Vail Men's League is still the State Inter League come August, then what? I'm sure those who did buy passes ll be getting- some $$$ back. Yea, right Sounds like politicians being sleazy as usual. bcat Steve Thiesen Thanks for the info, will try to go next Thursday. figh Walsty I think. the whole idea stinks. The nr.:!!w hale would have a 200 yard carry over the ponds into thwa, w diad from the 'tfl;:ii, r. tees, and be located in "slicer central" off of 17. In ar,:lrlition the neidur green %vi'll be located at the end ¢if the driving range where we constantly find range balls in the 11:alr%ray. Why are we rushing into doing this instead of finding a way to IMPROVE the course' Why do we need a wedding facility at the golf course anyways? Does the rec board have an aversion to giving us a full season of golf without temporary greens or construction? I am not happy about paying $100 more for my pass than I did the last 2 years and having a 2 1/2 month season of a full golf course. I am not in favor of their quick fix of making #13 a par 5 as well, 2 par 5's in a row? Michael Schwartz Unfortunately I'll be working this evening and will miss the meeting... however I would never have voted for the money to be spent destroying; the 18th hole had I known this is what was planned for the Vait golf club. Eighteen is a great finishing hole; along; with being the best par 5 on the coursell Good luck and thanks for getting the ball rolling! . Mark Colwell; I work for Steven and. Robin Chotin whom own a second home located at 1835 Sunburst Drive,. Vail. We are in receipt of your email dated June 6th and appreciate your communication.< Please add" the: following email addresses to any future communications in this regard: We have been briefed by various parties on the new golf -course development plan and. are: on board with: complete and total opposition to such a plan.: Thank you,: Jennifer- Land On behalf of Steven and Robin Chotin . Dear Town of Vail, The first thing you see when coming into town is the Vail Golf Course. It has been around, almost as long as the town and is a symbol of Vail in the summer. Throughout the years we have improved the course and in turn improved the town: To destroy part of this history is taking at step backwards and is bad for the town and it's image. The cost of destroying the golf course (3/4 million dollars?) should be able to cover a split level well landscaped parking area. There is ample space for the new club house and any area to be. disturbed should be to the driving range side of the existing club house, which would provide a better view of the Gore Range. To pave over part of the history of Vail is a big mistake and I think there are better solutions then destroying one of the greatest golf holes on the course. Sincerely, Todd Hatami� Vail resident since 1979 4 We need to meet with the VRD ASAP. Margaret Rogers, • Ojile Bugby Vail Resort Rental,, Inc. 970-476-0.900 www, VailResortRentalscom Vistar Real Estate, Inc. 970-476-6223 www, VistarRea/Estate.com Fromm: Rale Buabv To; hr K 'ilsi�� "x11 �...Jxk;ar}d ^r _xxk5d x.1r a �nY; lam. x x�:«klx . JP.LS. rr�xZ. r -. ha 7 m Na Ir. f start • tcfx f �- r s'h' G'ir C a� hills_ rPz`arrl n r•;� Cro i ,r' list I.'s ml r' 01-M.Ugs; T.1i,I.Tk...f.:1.1M; x,..:Lxl.. ., I' -F-L Cc, aline plain; i .Lpria t a"r 1 t nxl0' I:!]Cl.i lr�l1] G'Il.; k il]Sl� »J.�r rLn. S II; 'LtiOJ]:LLfi �&xL1cl'.� rx]ll.l Ju,.��.'�x .rx'Wt• n n Is 11a omr•. � e i urn -x!� r„,r g I dcirno3I4 6T ahnn nom; SKUE rllvmsn. !nrn;to ' :S1I1.:S; GklnGl�s;ulrS101C1.S� ; d „� 'wGLL ; mrtohmanralr_omcaq net; st vi2 Pgfnhlarp,,naji can; gja n�n; rFn„_,jgm- ; rge :I�,,2rQ 2.rM,,1il rnm; aeordy007Caygmall. ; gsvai113Ca arnall.com; gu do1967C1a hotmaiLcom: fprehank(n@aol cam; hpahnaineCalhotmail.com; iasons icvai1Aamai com; ism aylor(Mhotmail.coln; Soh nCal ohenconstructioninc.com; ieffOaJeffpotto.com; iamesmaurer(abeiisouth.net: h r edoo(&arosachagLLi;om_; vgndettssvaiI(alaoI—m ifranontalnetzero.com; puckhutCoMmail.com: jgkyll0hotmaiLcomi nanomark0hotmail.com; primaCalvail.net: thechw.arbisstrona ftahoo.com; maishl60ornail.com; t1lpbl cyi P� 0aol.com: ninolicdardi(aw_ahoo.com: naulhass30UDcomcast.net: nestern6liftotmail.com; peg-ro(rDcomcasLnet; Pete Nelson; ncwvalllCalmsn.com; nhllh nn tt8Calmsn.com: ri h fr berogg ori ac st.net: rodnevlohnson(& mfS.com: rurfdork880vahoo.com; oly0vail.net: Bob Walsh; bo at4 faaol.com; taxmanCaltxstate.edu; srcvajOyahoo.com; styorageClavail.net: toddCalridenl.com� tocidmossaS570hotmall.com: toddnvail(Maol.com; toddrashOyahoo.com; rrpellob2001Calvahoo.com; to ikka(alexd e.com; awahb anmsn.com-; davidaanevail0hotmai .com: nate. nattisnn(a1 om cast,net : girjynchOrnso.com; bbblountCalaol.com; th annralsaloff 6aoLcom; pvanburenO1Calcomr1st.net:. th in5ri ge(Maol.com; douglas.mcaviMagamail.com; p seidmanCalmsn.com emal7ahn120arnall.com; nary sr�rom; schwartz.daniel.m(algmail.com: a em it7eapicintin - sayub08Co1hotmail.com faviaybenoit0amaiLcom; kiski vail.net; dreud0vaildaily.com: iiimurad(alvahoo.c= wer0070cox.net; iohnahlhrand 0com ast_net: ieffrev.brown0rbc.com; ;hawn366Calyahoo.com: 7t3jinkbaol.com: steVpql mcinettecomrast.net; i.mooraftga.com. Subject: The Feedback is Consistent and Still Coming In. We didn"t know about it and we don"t want Iti Dater Thursday, June, 14, 2012 8:20:50 AM! I am opposed to #18 becomingg a parking lot. Although 1° am not a voter, 1 can clearly see that the plan., presented to the. voters Is not the plan we are now seeing., Trudy Hower• You. can pass my.name along as not in favor of more parking lot. Thanks, Goordy Ogden Perhaps your could send us the plan. 1 would like to see exactly what is planned.. Thanks, Lynn C. Gottlieb I'm glad 1 found out about this. 20 years I've been playing the vail course ,and to mess up ( ruin) hole IS .... why? it's really one of two true S pars on the course. �y don't turn it into a parking. lot.. What's next... turning the Gore Range Into a parking structure? Save the 18th save the 18th save the 18thIIII1 Scott Savage 20 year resident: To whom It may concerns 1 have been a part time resident of Vail since 1988, have worked at the golf course and continue to play it every summer. 1 oppose destroying one of the top holes on the course for a dubious, at best, construction project decided on by people who (1'm guessing) don't even play the course. Golf and excellence of the course should be the highest priority of the VRD, ancillary services and amenities MUST take a back seat to the primary purpose of the course, which is the game of Golfll' Eric Taylor Dear Town of Vail, the first thing you see when ec-iiiiinfinj.,j into town is the Vail Goof Course. It has been around almost as long as the town and is a cliymbad of Vail in -the surnmer. 'Throughout the years we have Improved the couirswit and in turn improved the. town. To destroy part of this history is tanking a bacl%vicinrds, and h1ii. b,anid for the town and it's image. The cost of destroying the 4,11olf course (344 rnillboindollars?) should be able to cover a split level well landscaped parking area. There is ample space for the new club house and any area to be disturbed should be to the driving range side of the existing club house, which would provide a better view of the Gore Range. To pave over part of the history of Vail Is a big mistake and I think there are better solutions then destroying one of the greatest golf holes on the course. Sincerely, ToT odd Hataml Vain ail resident since 1979 Dale Bugby Vail Resort Rentals, Inc. 970-476-0900 wwm VaflResortRentals. com Vistar Real Estate; Inc.. 970-476-6223 , www, VistarRea/Esta te. com From.. dalefrornvail@hotrnailxon To: mortlz@vailrec.com; kenw@vail.net; jhanion9@gmaii.com; jwiles@msn.com; sackbauer@aol.com; bilisuarez@msn.com; towncouncil@vailgov.com; szemier@vailgov.com, bgibson@vail.gov; cornmdev@vailgov.com; mmire@vailgov.com; gruther@vailgov.com CC: aplain@vailrec.com; leftnrightpgm@yahoo.com; cjohnson@vailrec.com; king_ad@yahoo.com; wgmd@hotmaii.com; rcwildvail@yahoo.com; vallbob@comcast.net; bobwaish971@comcast.net; rwilhelm@vail-beavercreek.com; bobzeltman@yahoo.com; tayloredcabinet@grna1I.com;, brucerfraser@msn.com; c.arford@comcast.net;,dstripp@skiclubvail.org; vaildc@comcast.net, daverootl@hotmail.com; kasingleton@q.com; wavygravey@hotmail.com; dgmg3142@yahoo.com; skijetre@msn.com; den nis_koller@hotmaii.com; d.pappa s@comcast. net; dabe1@vail.net,-,. mclohman@comcast.net; stevieofpb@gmaii.com; etaylor@jjet.com; hiltonvaill@comcast.net; geoffreygroh@gmaii.com; geordy007@gmaii.com; gsvai[13@gmall.com; guido1967@hotmaiI.corn;, forehank@aol.com; hughpaine@hotmaii.com; jasonsldsvail@gmaii.com; jaymtaylor@hotmail.com; jcohen@cohenconstructioninc.com; jeff@jeffpotto.com; jamesmaurer@bellsouth.net; hymedog@arosachalets.com; vendettasvail@aol.com; jfcanon@netzero.com;, puckhut@gmaii.com; ickyll@hotmail.com; pazzomark@hotmaii.com; prima@vall.net; theschwartzisstrong@yahoo.com; rngishl6ftmail.corn; thebluecue@aol.corn; ninolicciardiftahoo.corn; paulbass30@comcast.net; nesterp63@hotmail.com; pesso@comcast.net; pete@peneco.com; pcwvaill@msn.com; philbennett8@msn.com; rich.freyberg@comcast.net; rodneyjohnson@comf5.com; surfdork88@yahoo.com; oly@vail.net; chadies@vail.net; bobcat49@aol.com; taxman@b(state.edu; stcvail@yahoo.com; storage@vail.net; todd@ddenl.com; toddmossa857@hotmail.com; toddnvaii@aol.com; toddrash@yahoo.com; reeljob200l@yahoo.com; truikka@exdte.com; awabbott@msn.com; davidcranevail@hotmail.com; pete.pattison@comcast.net; sirlynch@msn.com; bbblount@aol.com; theappraisaloffc@aol.com; pvanburen01@comcast.net; thun5ridge@aol.com; douglas.mcavity@gmail.com; p_seidman@msn.com; emaizahnl2@gmaii.com; gary@srevail.com; schwartz.daniel.m@gmaii.com; ameltz@epicinti.net; sayubu78@hotmaii.com; rayjaybenoit@gmail.com; kiskier@vail.net; dreud@vaildaily.com; jbmurad@yahoo.com; wer007@cox.net; Tamm v Na e) From: Dale Bugby <dalefromvail@hotmail.corn> Sent: "I'hursday, June 14., 2(112 3:18 P!J "ro. f,,,like Oftiz,; Kuri '01j'i'lsc:iin (..cintact; Joe 1-lanlon Contact; Jeff 'Niles Contact; Rick Sackbauer Contact; Coi,.incil Dist I ist; Stan Zernler; CorrimDev; !Hatt Mire; Georcile, Ruther; Bill Gibson Subject: I hope you can all plan to attend tonights meeting. Here are sorne more comments from those who can't [RodnI am against the change to the 18th hole, I like the work they are doing on the course to better play but I think I 18 8 is a great finishing hole. I am working but will join the meeting when I can. 0 ey Johnson I have been living in the valley for 28 years and have been a pass holder at the Vail Golf course for 18 years. I totally oppose making # 18 a parking lot and that the new T boxes are on the other side of the pond on 17 be the new T boxes foosr�1 # 1 . In vail where ever parking is needed, like at all the new buildings in vail, a parking structure under the building has worked great. Please do not destroy one of the best finishing hole in the vail valley! I Paul Seidman We hate the idea, of changing. #18. Its a wonderful hole and a beautiful way to finish up a golf round. We love the Vail course and this would be a real loss to the course. The goal should be a fine golf course; not a mecca, for event planners. Robin and Ken Guerry H How will driving range be affected? Balls now land where "new green", Would be.. Safety! I Also let's see the R Paul 0 entire back, 9 reconfiguration they have planned! Not a very OPEN board! That can be changed! o 0 susJ a -@dol,, You're right, this Is a great finishing hole and we'd hate to see it destroyed., Thanks for taking on this fight ....... it sounds, r like tfie�Tdwn is trying to pull a fast one. C Charlie and Ginny Crowley I aim opposed to #18 becoming a parking lot. Although I am not a voter, I can clearly see that the plan presented to the voters is not the plan we are now seeing. TruTru dy Howe You can pass my name along as not in favor of more parking lot. Thanks, You Ogden Dale Bugby Vall Resort Rentals, Inc 970-476-0900 www. VaMesortRentals. com 1 George S. Lamb 31.30 Bootle Palls Ct. Vail, Colorado 81657 Dear Vail Council Member: This year marks my 401" anniversary as a Vail resident. During that time I have had the opportunity to be a member of a number of TOV hoards for over several decades, including DRB as a member and later as Chairman, and the PEC. Consequently I am somewhat aware how the process works andwhere it fails. These positions were appointed and I tried to based most of my decisions oil what was not only best for the Town, but also what benefited the homeowners as a whole. There are basically two major and much interconnected engines driving our local economy: The Shi Mountain and the related tourism and real estate. As I sat our the "bureaucratic" side of the table, I noticed one major inequality of our system and that was the lack of representation for the second home owner. Although they own the majority of the homes and condominiums within our town, they can not vote, nor does the Town give them adequate notice of issues which might affect them other than rather cryptic memos which are usually discarded or not even received by the homeowner. The current golf club proposal is an excellent case in point. Reportedly various development proposals have been studied over the last few years, perhaps at staff level and/or in connection with the VRB members or others. In any event there was all election last fall which successfully allowed the much disputed conference tax funds to be used for certain improvements within the town. Even though the second homeowner was excluded from this process, they may even have voted positively for such a seemingly benign proposal. Last month a zoning change was brought before the PEG under the broad brush statement of allowing greater flexibility. There was little detail in the zoning request, especially in terms of the chub house design. Some of PEC questioned this lack of specifics and voted against the 4-3 outcome. As council members, some of you all questioned the lack of details, prior to voting 6-.1 in the first reading. The second reading is scheduled for June 19t"', and which reportedly will be tabled until your July 3rd meeting and with a mandate for more collateral information and detail. Tile golf community has conic out seemingly unanimously against the design of shortening the 18t" hole and replacing the green with a parking lot. The Sunburst Drive neighborhood has also voiced the hugely negative impact of these proposed changes, not to mention the concerns over the management and operation of a mini convention/wedding/event venire. This latter group tends to be a whisper in the wilderness with no presentation except when they are focused to hire legal council. Tile windfall of the conference tax funds should be consider ill the context of a benefit for all of the community, especially for those neighbors most affected by any change. I ani certainly not blind as to the economic challenges we all face. Given the success of the Donovan Pavilion, it is understandable why other event locations would be sought. However I trust the Town's advisory group has factored in competing venues which are or will be coning on line, such as VR's new on mountain facility soon to be serviced by a new state of the art gondola, and the Four Seasons Resort. Additionally one should not over looked the dismal track record of Bast club horse operations, all of which can not be blamed necessarily on the infrastructure or the operator. The current golf club house and associated perking represents is a very typical, introvert design. One which blatantly reveals a nnuch studied parking, traffic flow, bus access and even trash enclosures, however without even a final decision as to whether to remodel or re -build the club house. A part from the golfers, the one reasoned party in all this conversation seems to be the Sunburst Drive homeowners, those being the most impacted and most deserving the most attention as to protect the environment, and yes, their property values. A zoning change to General Use without carefully thought out conditions is also very problematic for these individuals. Such zoning would technically allow ninny even more onerous uses which another less thoughtful Council than you might consider. Please slow this process down. Show sonic compassion and understanding to those who have no TOV representation or voice. Continue to foster a first class experience for all; and most certainly, do not bite the hand that feeds you; year after year after year. Please remember you represent the Town as the landowner, applicant, the rule changer, the administer, the building and project overseer, artd the eventual complex management — a rather daunting position and one which necds to show all example of exceedingly careful, thoughtful and compassionate attention. Respectfully submitted, Tammv Naael From: Dale Bugby <dalefromvail@hotmail.com> Sent.: Friday, June 15, 2012 11:30 Alit 1'o: h)Iike Ortiz; Ker -OP ilson Contact; Joe Hanlon Contact; Jeff Wiles Contact; Rick Sackbauer Contact; Council Deist List; Stan Zemler; CommDev; Matt Mire; George Ruther; Bill Gibson; billjsi.is.ir ,z@msri.com Subject: Finger Pointing Now that members of the VRD have expressed they never wanted to pave over #18 you have to wonder why this is happening? When I talked to the VRD they blamed the planning department for requiring the parking. When I met with Bill Gibson of planning he said there is no parking requirement on golf facilities, from planning or current zoning, but "the PEC will be responsible for setting the parking requirement." I haven't met with the members of the PEC but I'm sure they will blame the Town Council for adding too much "multi use community space." I did meet with members of the Town Council and the Town Manager and they need to avoid using the excuse that the voters wanted this. The ballot mandate did not include any particular square footage of "multiuse community space" and you guys wrote the ballot language.. No where did that ballotlanguage include paving #18 or adding X square feet of community' space. Stop the insanity and take, a position now that,#18 is no longer on the chopping block. As soon as we see everyone stand up and be counted on this; we can go back to: building an improved clubhouse including some amount of "multi use community space." Everyone including the neighbors will support that:. It's the right thing to do: FYI" Ballot Question NO'r i 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? Yes 801 No 122'. Dale Bugby Vail Resort Rentals, Inca 970-476.0900 www. ha#RdsoltRentals.com 141star Real Estate; Inc 970-476-6223 www. VistarRealEstate com From: dalefromvail@hotmail.com To: mortiz(availrec.com; kenw(a vail.net;, ihanlon9@gmail.com; iiwiles@msn.com; sackbauer(alaol.com; billsuarez(dmsn.com; towncounciMvaiigov.com; szemleravailgov.com; commdev(availgov.com; mmire(dvailgov.com, gruthend)vailgov.com; bciibson@vailgov.com Subject: I hope you can all plan to attend tonights meeting. Here are some more comments from those who can't Date: Thu, 14 Jun 201215:17:35 -0600 I am against the change to the 18th hole, I like the work they are doing on the course to better play but I think 18 is a great finishing hole. I am working but will join the meeting when I can. Rodney Johnson Tammy Nagel From: Arthur Abplanalp <Art@A,bplanal pLawOffice.com> .Sent: Tuesday, June 19, 2012 1:44 PI`.4 To- Bill Gibson Cc: 1,1att Mire Subject: Golf Course Subdivision and Zone District Amendment M As you know, I have been engaged to represent one of the owners of property adjoining the part of the Vail golf course which was recently subdivided and which is up for consideration to be changed from the Outdoor Recreation to the General Use zone district. I understand that you are the member of the Department of Community Development to whom this project is assigned. For reasons that Matt Mire can explain to you, I must state that what follows is an effort to resolve a matter which may (but which we hope will not) evolve into litigation, and, for that reason, its contents are protected by Rule 408 of the Colorado Rules of Evidence and may not be used in any proceeding without the express written permission of the client of this office. This communication may fall on deaf ears, but I hope that's not the case.. The Council -will be engaging in a work session this afternoon., and I hope that the message. I'm trying to pass on can come before them during those discussions There seems to be little question that the golf course clubhouse should be dramatically remodeled if not reconstructed` and that this was one of the three target areas for expenditure of convention center funds recently approved by the: electorate Whether the elimination of the .18th green and a good part of the. 18th fairway was clearly approved is less clear. In any event, the best information we have is that the golfing community objects to the latter part of the current. program; the Vail Recreation District Board does not support it and the neighboring, property owners are vehemently. opposed to that latter part of the plan: , It seems certain that this plan, if it proceeds, is bound for a long and arduous battle Rather than engaging in that battle', it seems appropriate to shift direction as early as possible, in order that as little time may be lost as possible: The Town apparently is currently being driven toward the proposed change in zone district boundaries largely by the property boundary established by the subdivision plat which was approved by the PEC' on the 14th of May. The first step in redirection is to modify that subdivision plat in such a way that the parcel includes no property relating to the 18th fairway and 18th green - perhaps creating the parcel line some distance north of the golf cart path on the. north side of the 18th green: Upon approval of that modified plat and a continuance of the hearing of the zone district amendment until the new plat is in place, the zone district amendment could then proceed based upon that new plat, leaving the 18th fairway and the 18th green in the OR zone district, satisfying the golfing community, permitting the VRD and' the Town to proceed expeditiously with the work on the clubhouse; and providing the stability in zoning to which the neighboring property owners are entitled. We hope that the Council will recognize that we are attempting to work toward a common goal here, and that the direction suggested above is in the best interests of all concerned. If anyone has any questions, he/she may contact me. Sincerely, Art Abplanalp Law Office of Arthur A. Abplanalp, Jr., LLC Post Office Box 2800 Vail, Colorado 81658 970.476.6500 Lorelei Donaldson From: Todd Hatami <todd@ridenl.com> Sent: Wednesday, June 20, 2012 3:38 PM To: Council Dist List Subject: Vail Golf Clubhouse / 18th hole Dear Town Council, I believe there is enough room on the existing site for the new clubhouse/events center and parking. We do not need to seen m� wn o ars o es roy a go course which we ave een trying to improve for the ast y a parking structure. Thank you, Todd Hatami 1 7/17/2012 4-7-37 Tamrnz Pia el From: Pam Brandmeyer Sent: Thursday, June 21, 2012 11:3.3 AIM kidlike Ortiz; Geoi-ge Ruther; Bill Gibsori ^tivll,uje :�I:: FIN: Golf course project Collective council e-mail... From: Eric Taylor [mailto:etaylor jjet.coml Sent: Wednesday, June 20, 2012 1:45 PM To: Council Dist List Cc: admin(aOvailrec.com %ibject: Golf course project o whom it may concern: I have been and continue to be a part time resident of Vail (4-6 months/yr). I hold a ski pass and play the Vail course 10- 15 times a year. I vehemently oppose the shortening or changing of the 18th hole to accommodate a parking area or clubhouse expansion. Small changes could be acceptable. It is a great finishing hole, easily viewable from the patio area or clubhouse which enhances the Men's club experience as well as the playing experience for all guests. I submit to you to work with the people who play the course and not just consultants/architects/construction people when you evaluate the changes, if any, to be made to the course. There is plenty of dead space available for expansion/improvement. Sincerely, Eric Taylor TammX Na el From: Pam Brandmeyer Sent: Thursday, June 21, 2012 11:10 )'qv1 To: George Ruthe.r; Bill Gibson; Nlike Ortiz 5:ubjec:t: F'vV: the 18-th hole Collective Council e-mail.. . From: TJ Conners [mailto:storaQe(avail.netl Sent: Wednesday, June 20, 2012 6:10 PM To: Council Dist List Subject: the 18th hole Hello — much has been said about the 18th hole but here are a few you have not heard. Vail's 18th is not only the most beautiful in the Vail Valley, it is also the most beautiful 18th hole in the entire State. Additionally, to quote our beloved Beth Slifer," Vail is about the quality of the experience" and taking away a Valley treasure for a parking lot would seem to denigrate that very experience. And finally, Council if you really need parking that bad, put some fee simple condos on top of the clubhouse and build underground parking — after all you own the land and you can damn well zone it anyway you want. T.J Tammy Nagel From: Lorelei Donaldson Sent: Tuesday, 2.6, 8:24 To: BU| Gibsmn;VVarren [ampbeU; George Ruther Subject: C.-ound| Hear�rg Ju|y of the Zone District Amendment --Vail Golf Course Attachments: Vai|Tmvn�ounci|-�haprnanlJ�62Sdmc fyi Original yNaooage--- Fronn:sandnaohapman Sent: Monday, June 25.3U12S:45P&4 To: Council Dist List Vail Town Council Members: l"7.c'lb`ti:" be,k;71- Cy1'Jl"1s'rti ol:' property a6l.jac6.!rit to the IS"' ,::!ree:ll of the Vail Golf Col t -se since r.: i that :it is the , i.rl-; pect i::)1 --the. currerit proceeding to change the zone di;str i, t I -l` that 7:'r.., , ti aa. parcel from the (: ,tit(Irir,.,ir Recreatir..)n zone d.i, tricat to the General Use ; One district. ''\70 oppose this cli a ge. Our ft-Imily purchased this home with the understanding and the assurance that our property and the surroundings would always remain zoned O.R. and a green area. This was entirely logical considering the long history of the Vail golf course and the importance of the golf course (particularly the 18'h hole in its current configuration) to the attraction of Vail as recreational destination during the summer months. The current zoning, which was designed to assure the community of the perpetuity of that use and has been relied upon by the neighborhood as a whole, is essential for our neighborhood well being and our property values. We believe there is NO legitimate or justifiable reason to change this zoning. We highly value our ability to sit on our deck and enjoy mountain views in peace and quiet. Our use of this property would be severely hampered with a parking lot and a possible "events center" 50-70 feet from our deck. There will be an increase in noise, changes made to the natural environment, and security issues that we would have to deal with- how would you like that? Any other uses permitted in a General Use zoning area are equally distressing. Again, we strongly protest a change from Outdoor Recreation Use to General Use zoning for the property adjacent to the 18`h green! There is no justification for a change there -----we would approve of and enjoy the remodeling of the Clubhouse and change in zone district under the current footprint of that redevelopment project. For these reasons, we are convinced that the current proposal for conversion of property from the Outdoor Recreation zone district to the General Use zone district should be denied. Thank you for your consideration in this matter, Sandy and Lee Chapman June 25, 2012 el Tamm Na From, Parn Brandnieyer Seat: T u e s,::J ay, lune 2 6, 2012 10:4.2 ANI Bill GiL,scin; George Rutl-ier,- kdatt Mre S U bi 11:.! C t: Fl.,V: golf clubhouse parkirig arei:l zoning 1::hangre .; '161.P(If Att iiii c 1�-h n,'o e! n't!:1 W Vaii COUI Collective Council e-mail... From: Debby Webster Fmailto:debby.webster(&qmail.comI Sent: Tuesday, June 26, 2012 9:28 AM To: Council Dist List Subject: golf clubhouse parking area zoning change Dear Town Council Members, Attached is a letter from my husband and myself regarding the proposed change in the zone district of the golf course clubhouse and a portion of the 18th hole of the golf course from Outdoor Recreation to General Use. I would appreciate your reading it and giving it serious consideration. Sincerely, Deborah Webster To: Mayor Andy My, �'AayorPm'teon Ludwig Kurz, and Town Council Nembers Kerry Donovan, Kevin Fuiey' G/egNmffet. Margaret Rogers and Susie Tjossem �e'new�Urg �oopposethe propnsed zonmgchan�eoftheYs8 GoU CLbhouse �ing incarea �om 0u�door Recreation Lc) Use. Durproper�yi� one an .f those �hac adjoins the area,,hic- is to bechangeo to General Use. l have owned this pru�e�Yfnravery(ong �ime since 199O` | have retied on che ToxnofVail toecogn,"zethe importance ofthe Vaiigolf course tuboth die economy of Vail and to the neighborhood in which it is Located, and a change rom, the current Outdoor Recreation zone district woutcl viotate every standard cobeused bythe Town Council indeciding whether such achange should occur. Such achange would bean abuse ofthe authority entrusted to the Council by those ofuswho Live in this neighborhood fuU'time aswoU as those who have invested in this area with the expectation of enjoying peace and beauty in their home away from home. We wholeheartedly support the expansion and improvement of the ctubhouse. AbceUit is long overdue and vviii be benefit to both the Recreation District and the Town of Vail. At the moment the structure isan eyesore when it should be awmrid'ciuo resort amenity. Ba\intQuestion No. 1 which passed iastfaK makes reference tomulti-use community space at theciubhouse. That proposal, has meant different things todifferent people, as is iKustrated bythe various alternatives for the clubhouse project. It makes no reference to moving the 18m green' shortening the fairway, paving over the area ofthe present green for additional parking or holding outdoor events such as wedding receptions' concerts, etc.. The question onthe ballot had basically one over-riding alternative did the voters wish to spend the lodging tax on improvements toVail, ordid they prefer to return that money, in some uncertain fashion, to the visitors who paid it. The question wasn't what the money shouidbespent on, but rather whether it shouid be given back' No rational voter would have voted against it, regardieo of the uncertain purpose for which the money was tubeused. The area under consideration for this proposed zone district amendment is bordered on two sides by residential areas. AK of us who Live in that area paid a premium for real estate that's c\ose to a gu(fcourse. In our case, and the case o/the owners ofthe other first four lots along the north side ofSunburst Drive, we paid an even bigger premium to becontiguous with the fairway with a fine view of the green. That green being replaced with asphalt, no matter how weU buffered with vegetation, will adversely affect our investment in our home. Since our house iscunentiyon the market, the uncertainty about this project has already affected our abitity to sett and wilL have a direct bearing on the sales price ,houidwereceive anoffer before this matter isseuiedonce Mthough curphncipal concern i-- .-he -fact that the uses which*muid msu'r from ti -.e coange inzonin§v^ouid descmythe quaiityoflife whichwe have expc,iencec and�onti�ue Lorvzerienceato�rrrsidenoe, cur concem ill"ith the c�argetoaGereol Usezon'ng is not i�mi.ed to -he `mzaci. of the proposed uSeS000ur i`vcso/Jiefact that ,�em],ueof our oca', estate =Ki dmp drsmabcai|yifs parNnglot is subs-.'ftuted for the cur,ent 1B`" green� It's aino U'��manyd/f�eren�uyeshrihaiareacuuidbea�thor�edbyacnndiUnna|�se permit. Those possible uses ;nciude u parkingstrccture' a transportation terminal, aconcert sheiL aconvendon facility oreven a heiipad ora water and sewagetreatment facility. Since the Town ufVail wou(d be both the owner/appiicantand the governmental agency considering the application for a new use, there would be nochecks orbalances on proposed uses. 4uext amendment could also make additional uses possible ifthe Council were toadd a proposed use to the conditional uses already permitted in the General Use zone district. |fthe new zoning were uzbepassed and activities such as weddings and/or concerts were to take place in the outdoor space, it would be impossible to prevent impacts on the adjoining properties, even ifthere were strict regulations in place to control the noise. The Town could not effectively control noise and other impacts ofan event in progress. Even now, we can already beinbed inthe evening and feet the beat nfmusic that's being played inside the golf clubhouse for wedding receptions. We can hardly imagine how much *moe it would be with an outdoor event. This is residential area, after all. It really wouldn't be appropriate for residents to be driven out uftheir own homes bythe noise atten, eleven ormidnight. Among the criteria tobeconsidered inyour deciding whether toapprove a proposed zone district amendment is, "That the amendment iscompatible with and suitable to adjacent uses and appropriate for the surrounding areas". In this case, we are convinced that the uses allowed under the General Use category are not appropriate for residential neighborhood, and no number of conditions can correct the problems that would result from those activities. Wehope that the Town Council will give serious thought to our objections and *eurge that the Council deny the proposed zone district amendment. Sinoeneiy. Deborah Webster and Stephen Blanchard 1825Sunburst Drive, Vail From: IMI—l"4 To. EQ,�rl U1511 Subject: Vail golf corce 10k Date: jestay, lune 26, 2012 1:25:50 PM . . . . . . .. . .............................. . ... . . ..... . ........... . . . ............ . ....... . . . ............... . . . .. . ........ . .......... . . ................. . . .. . . .... I to agree hole 18 should be left al0l le. lt, ot.iir best par 5 b,,,,,, far and a great finishing hole. I don't believe there is any need for rnore parking. Is it necessary with our season being our season is so short? and in my eight seasons as a member i have never seen very much revenue brought in by the restaurant/ ( weddings) Tom Ludwig Tammy Nagel From: Pam Brandmeyer Sent: Tuesday, June 26, 2012 3:19 Prot To: Bill Gibson; Greg Hall; George Pa.Aher; Matt Mire Subject: FW: `Jail Golf Course Toning Collective Council e-mail... From: Glenn Hilliard [mailto:rglennhilliard@aol.com] Sent: Tuesday, June 26, 2012 3:11 PM To: Council Dist List Subject: Vail Golf Course Zoning To: Mayor Andy Daly Mayor Pro -tem Ludwig Kurz Town Council Members: Kerry Donovan Kevin Foley Greg Moffet Margaret Rogers Susie Tjossem Subject: Vail Golf Course Zoning Dear Town of Vail Council Members: We write on behalf of the family of Heather and Glenn Hilliard, (my name is Glenn Hilliard) our family's Vail home is located at 1801 A Sunburst Drive. From our deck and main living areas we look straight at the 18`h hole and the clubhouse of the Vail Golf Club. We have owned this home since 1999 and prior to buying this home we owned a town home at Riverbend in East Vail. Our Sunburst Drive residence, like several other residences on our street, is adjacent to the parcel owned by the Town of Vail, which is the subject of the current proceeding to change the zone district designation of that Town parcel from the Outdoor Recreation (OR) zone district to the General Use (GU) zone district. We have long relied on the prospective use of the Town's property for outdoor recreational uses, and maintenance of the current zoning is tied to that expectation. The uses permitted in the GU zone district are incompatible with the residential use of adjoining property and would destroy our family's ability to use our property and the value of that property, and we must protest the proposed change in zone district designation. We strongly oppose this change in zoning. There is no justification for changing the zone district designation for the property on which the 18`h hole is located, and those of us who adjoin the Town parcel are, to the best of our knowledge, unanimous in our opposition to this proposal. For work reasons we now reside in Atlanta, but Vail is really the place our entire family gathers and feels at home. For 19 of the past 20 years we have all spent Christmas together in Vail as well as getting to Vail as often as possible the rest of the year. We love Vail and we love our home in Vail. We selected this home because it was close to the Town of Vail but also because it represents and is surrounded both front and back by open space and recreational areas. On the south side is the White River National Forest and the bike path along Sunburst, and on the north we look directly at the 190 green of the Vail Golf Course. While few of us are actually golfers, we enjoy sitting in our living room area or on our deck and watching the camaraderie and competition on the 18`11 ggeen. This green space a7l.d golf course and usage I,,-, very important to help preserve the sanctuary of our honie, as a. ,,daole, ,.l.1so off ers rur family and. those of us who must deal on a regular basis with business li,d-e:: wl7.i.cla require us to li. rrz .much. of.° ol.:i.r time in other locations around the world. Over the years, we have; invested. li.a° anti ily iri. to Out. 11c'llne in. the belief that the open space sanctuary and recreational amenities surrounding us would be preserved. While only a few of our family members are active golfers, we have hit balls on the driving range, eaten at the golf clubhouse many times over the years, cross country skied in the winter and our middle daughter's wedding rehearsal party was held in the golf clubhouse in January of 2000. We also work to be good citizens and stewards of Vail. Over the years we have shown our commitment to the Vail community in many ways including significant contributions to the Vail Valley Medical Center, the U.S. Ski and Snowboard Team Foundation, the Vail Valley Foundation, the Vail Interfaith Chapel and the Eagle County Land Trust among others. We agree with council members that the clubhouse should be dramatically improved and updated, and we also agree that the clubhouse absolutely can and should stay in the area where it is currently located and that current parking on location and that which is easily accessible by public transportation is more than adequate for current and future use of the clubhouse and course. Where we may differ is that we strongly believe that the currently proposed zoning change should be limited to the area required for updating the building. Changing only the building area zoning to GU and keeping the 18`h green area zoned as OR will help provide long-term protection to the golf course and particularly to the 18`h hole and green. No change to the zoning south of the clubhouse is justified. Speaking as someone who has actually participated in a daughter's wedding rehearsal dinner at the clubhouse, we assure you that current parking is more than adequate for this type activity and for all other potential uses. For our wedding reception the guests stayed at the Sonnenalp and used the very good Vail bus system to be safely, warmly and soberly transported to and from the rehearsal party. We support the change in the zoning from OR to GU for only that portion of the property which is required for the clubhouse renovations, and to accomplish this will require a change in the plat previously approved by the Town. We also believe that the change in the plat can be accomplished and still allow zoning and construction on the clubhouse to be kept on your schedule. We further very strongly believe that it is important to complete this project in a way which is environmentally and recreationally friendly. To accomplish these goals in an environmentally and recreationally friendly manner will require a subdivision plat which is different from the one which was approved by the Town in May. The subdivision plat should be modified so that the "new lot" is only that property north of the current golf cart path (perhaps the north half of the newly created lot), leaving the 18`h fairway and the 18`h green (roughly the south half of the lot) in the OR zone district. The Town needs only the northern part of the newly configured lot for the clubhouse project, but getting that correct description does require that the subdivision plat be redrawn and approved in new form by the Planning Commission in advance of the adoption of the ordinance amending the zone district, which apparently must be based upon the lot upon which construction is to occur. Most of you seem to be clearly supportive of keeping the 18`h hole and green as currently designed, and that can be accomplished while appropriately remodeling the clubhouse within a more tightly defined and appropriate GU zone district. We emphasize the danger to the adjoining property owners, the golfers and the users of the area around the 18`h green. That threat is the fact that changing the underlying zoning of the 18`h green area from OR to GU as it is currently planned and platted will allow any future council to eliminate or change the use of the 18th hole with little or no input or protection for the neighborhood, the home owners, the golfers or our beloved Vail community. Once again, based upon our personal experience, no additional parking 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 clubhoui,e can and !..,11ould be accomplished on your timetable with a more carefully and tightly drawn subdi-vision plat, a.nd flak„ 18`h hole and green can I:.�rotected �ti,ith a continuation of its current OR zoning. Please help us preserve this important open./recreational 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`h 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 TammX Nagel From: Pam Brandaieyer Sent: V,Iedresday, June '7, 201.2 4:J'9 PNP To: Bill Gibscn; George Rl.A!-"ler; '"tali; N,Iatt ,55ubject: RVQ: \/ail golf Course zi:;ine I:JistTict al"'I"rd"a Cl f_' r'1C'll?P"I'i: Attachments: VailTov�r�4 ourie..il.1.'2' );i2T.l:,clf Collective Council e-mail... From: Arthur Abplanalp [maiIto: Art@Abpla nal p LawOffice.com I Sent: Wednesday, June 27, 2012 2:02 PM To: Council Dist List Cc: Matt Mire; Greg Hall; Bill Gibson; George Ruther; Warren Campbell; Lorelei Donaldson Subject: Vail golf course zone district amendment Members of the Council: Please find attached to this e-mail a submittal for your consideration related to the proposed Vail golf course district amendment which is pending before the Council. Although we understand that the public hearing originally scheduled for the 3rd of July will be continued, we also understand that the Council will be taking public comment on the question of whether the zone district should be approved or, if reconsidered, the direction to be taken. That being the case, it seems appropriate to enable you to review the concerns of the Sunburst drive property owners adjacent to the parcel which is the subject of the proceeding. This analysis is intended to identify those concerns without getting into the detail which might be required for the actual public hearing, should that occur. If we are in error in our understanding that the public hearing and second reading of the related ordinance will be continued from the 3rd of July, we do request that someone advise me of that fact. We hope that the attached review of the pending proposal will be of benefit to you and that we may have the opportunity to work with the Town's staff in order to satisfy the Town's needs related to the clubhouse expansion while protecting the rights and expectations of the neighboring property owners and the integrity of the 18th hole of the Vail golf course. We thank you for your consideration of the concerns which are being expressed. Respectfully, Art Abplanalp Law office of Arthur A. Abplanalp, Jr., LLC Post office Box 2800 Vail, Colorado 81658 970.476.6500 Law Office of ARTHUR A. ABPI.ANALP, JR. L.L.C. vv`a,,a . a b p l a na.l pla�,vo f fi ce. c om Art@Abplanalpl,a.NyOffice.com AbplanalpLa.NyOffice.com Vail Valley Suite 310 Warner Professional Building 2 Post Office Box 2800 Vail, Colorado 81658.2800 Telephone: 970.476.6500 27 June 2012 Teleco pier: 970.476.4765 Town Council Town of Vail Vail, Colorado Re: Proposed Zone District Amendment, Vail Golf Course Members of the Council: Fort Collins Suite 260 Historic Miller Block 11 Old Town Square Fort Collins, Colorado 80524 Telephone: 970.482.6900 Telecopier: 970.482.6905 This Office has been engaged by the Glenn Hilliard, the owner of a residence at 1815-A Sunburst Drive, Vail, in association with the proposal before the Town of Vail to change the zone district designation of and destroy the 18th green and part of the 18th fairway of the Vail Golf Course. Mr. Hilliard's property and residence adjoin the property which is proposed for the zone district amendment. I also am authorized to state that other residents of Sunburst Drive who are owners and/or residents of properties adjacent to the threatened area join in Mr. Hilliard's positions and in the positions taken in this letter, and I will provide the names of those other owners and residents at the time of the hearing on this proposal. It should be noted that this communication is somewhat abbreviated with reference to the reasons the proposed zone district amendment should be disapproved by the Council because of two considerations: (a) it is our understanding that, while the Council will take comments from the public on the proposal during its meetings on the 3rd of July, the actual public hearing and second reading of the ordinance which deals with the proposal will be continued until a later date; and (b) the Council has enough before it to confirm the need to delay action and modify this proposal (at the very least) without being required to deal with the wide gamut of problems with this proposal when a resolution of those problems may be identified. Against this background, please be advised that Mr. Hilliard, as well as many other residents and property owners in the neighborhood, object to the proposed zone district amendment and any significant change in the 18th green and fairway of the Vail Golf Course. Some of the more specific reasons for our clients' objections are as follov4 ,S: Substantive Objections: 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 Council in no uncertain terms; d. The proposed zone district amendment would destroy what many in the golfing 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 permit 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, cannot 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 use permitted in the district are appropriately located and designed to meet the needs of the residents and visitors to Vail, to harmonize 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 -vill be demonstrated by the letters and voices of adjoining property owners and the golfing convnun.ity, the proposed change in zojie; district and die 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. Most of the 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. 'I'll.e tollo,Ving uses 41cccssC.13j to a parl<.ing stnic i.:ire: offices, restaurants, sundries shops, transit/shuttle services. Vail Municipal Code, 12-9C-3. Under the conditional use permit process, these uses "shall be permitted in the GU district, subject [only] to issuance of a conditional use permit ...." (emphasis added) Vail Municipal Code, Section 12-9C-3. If the Town now or at some later time proposes such uses as the owner of the property, as here, it is apparent that adjacent property owners and residents, as well as the golfing community, are unlikely to succeed in opposition before the Town based upon regulations over which the Town has control. No such debate will occur if the property remains in the Outdoor Recreation zone district. 4. Although the property owners and residents of the Sunburst Drive neighborhood recognize that the Vail golf course is owned by the Town, and that the Town should have significant flexibility in its use of that property, the Town also has a responsibility to those who are adjacent to it, particularly those who rely upon the Town to exercise appropriate judgment to protect the legitimate expectations of occupants of residences who have long occupied those residences with a justifiable expectation of a tranquil environment and neighborhood. Although the Town wears at least two "hats" in this proceeding, as property owner/applicant and a quasi-judicial decision maker, the latter responsibility requires the Council to evaluate the merits and faults of both the application and the objections. Practical Objections and Suggested Solution: 1. The fundamental challenge with which this Council is confronted at this point in time is the fact that the current application is driven by a legal description of a parcel which could have been intercepted and corrected prior to its consideration and approval by the Planning and Environmental Commission, had its implications been identified and broad public input occurred during the PEC process. The Municipal Code did not require that action and such input did not occur, and the Town is not to be faulted for that early lapse in attention. The subdivision of part of the Vail golf course which was approved by the PEC on the 14th of May does, however, include approximately twice the area required by the renovation/reconstruction of the clubhouse, being roughly the north half of that new parcel. It is the inclusion of the area of the new parcel which includes and lies south of the golf cart path along the north side of the 18th fairway and green (approximately the south half of the new parcel) which makes the package objectionable to the neighborhood and the golfing community. In order to respond appropriately to what seems to be a 4 universal opposition to this c irrent proposa.l., tl-i.e 'l'o%,vii. shoti..l.d back i:rp, ,N icate the subdivision map which ,xas approved by the FIC on the 14th of May (assuming that map has been recorded), and resubmit for FEC consideration a different subdivision map creating a new lot which includes only the ground required for the clubhouse renovation/reconstruction, i.e., the area northwest of the golf cart path referred to above. 2. Because the boundary of the proposed zone district amendment is dictated by the legal description of the parcel which recently was approved by the PEC and it is that boundary which is principally objectionable to the adjoining property owners and, it seems, the golfing community, a solution should be within reach. If the Town redefines the new golf course parcel (and therefore the property to be subject to the zone district amendment) in the manner suggested above, the current proceeding for a zone district amendment, with the legal description of the new General Use zone district modified in a manner identifying the property under the clubhouse as renovated/reconstructed, thereby preserving the 18th fairway and green, could be less objectionable to the golfing community and the adjoining property owners. This direction would best minimize the delay (avoiding the necessity of initiating the zone district amendment from its inception) and could permit the Town to proceed with its activity at the close of the golfing season. Summary: While there are other legal objections to the proposal currently before the Council, the fact that the public hearing on second reading of the proposed ordinance is to be continued makes it appropriate to spare the Council the necessity of dealing with those issues at this time. Mr. Hilliard is optimistic, based upon recent communications with the Town staff, that a resolution of this challenge may be identified and implemented, and we hope that there is a basis for that optimism. Based upon the current proposal, the application before the Town of Vail must be denied for both substantive and legal reasons, but there can be little question that it must be denied. Mr. Hilliard, and those who share his concerns, 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. The residents and property owners of the golf course neighborhood expect and deserve the Town's recognition and protection of those rights. Mr. Hilliard wishes to thank the t-rj.CTrIi:)erS of ti -Le council for their COTISiderafioii ofhis concerns, the concerns of his neighbors, and the opinic-ais oftl-j.e golling cominunity in presenring r,-err-nfinn-41 asset of the Town of Vail of importance to all. xe: Mr. Glenn Hilliard Mr. Matt Mire, Town Attorney Mr. Greg Hall, Director of Public Works Mr. Bill Gibson, Department of Community Development n. From: P�rS" 2�dx To: r_r_�rl�la II,k:3�7lgirka�� Acari Subject: Vail Golf CLO holiz #18 Crate:: 1'husc!ay, Jxie 2.8, 2012,4:5E3-1 1:'M To whom is making decisions on the future of the Vail Golf Oub The decision to use excess and unused funds to improve the golf course facilities should be commended. The club house is outdated and does not reflect the quality summer and winter activities that surround it. But to consider shorten in than i nq or relocatin hole #18 is simply finishing hole on any Qf411 jast Every homeowner -contractor and builder in this valley has guidelines -rules and regulations they need to follow when building a new or remodel structure. In this case the town should have to listen to the people who vote them into office when moving forward with projects. The people who live here, play .here and fund Your outdoor activities are asking you not to chanae-h hopey7u take the time to listead what they are saying and come up hole #18. Sincerely; a common sense alternative to paving over The Woods Peter -Kara -Parker and Barrett Vail Homeowners-Taxpayers-VRD youth activity supporters, Vail Golf Club Members Since 1992 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 Dear members of the Vail Town Council: Please reconsider shorten the 18th hole at the Vail Golf Course. As a voter in new clubhouse a so that it is a functiona Thank you, Sara Newsam n 1 7/17/2012 4-7-45 recent decision to the people who use r the clubhouse. Lorelei Donaldson From: stephen coffins <stcvail@yahoo.com> Sent. Friday, lune 29, 201210:36 AM To. Dale Bugby; VRD Board; Council Dist List; Alice Plain; Chris Johnson; king_ad@yahoo.com; wgmd@hotmaii.com; rcwildvail@yahoo.com; bobwaish971 @comcast.net; rwilhelm@vail-beavercreek.com; bobzeltman@yahoo.com; BRUCE FRASER, c.arford@comcast.net; vaildc@comcast.net; daverootl@hotmail.com; kasingleton@q.com; wavygravey@hotmail.com; dgmg3142@yahoo.com; skijetre@msn.com; Dennis Koller, d.pappas@comcast.net; dabel@vail.net; stevieofpb@gmail.com; etaylor@jjet.com; Gene Henry; geoffreygroh@gmail.com; geordy007@gmail.com; gsvaill3@gmait.com; guido1967@hotmail.com; hug hpai ne@hotmail.com; jeff@jeffpotto.com; 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; phiThennett8@msn.com; Rick Sackbauer Contact; rodneyjohnson@comf5.com; surfdork88@yahoo.com; oly@vail.net; Bob Walsh; bobcat49@aol.com; taxman@txstate.edu; todd@ridenl.com; toddmossa857 @hotmail.com; toddnvail@aol.com; toddrash@yahoo.com; reeljob2001@yahoo.com; truikka@excite.com; davidcranevail@hotmail.com; pete.pattison@comcast.net; sirlynch@msn.com; bbblount@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@vail.net; bmurad@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.11l@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 thanks Dale. I'm in Austin and can't make it to the meeting but i will be emailing Kevin Foley and other council we vtt—'R to remodel the clubhouse- we have to stow this desimn._ i hope the property owners on 18 their Iawvers =aLce thev have more to lose than anyone. thanks for keeping us in orm— M— Stephen "Tex" Collins From: Dale Bugby <dalefromvail@hotmail.com> To. vrdboard@vailrec.com; towncouncil@vailgov.com; "snewsam691@msn.com; Alice Plain" <aplain@vailrec.com>; Chris Johnson <cjohnson@vailrec.com>; king_ad@yahoo.com; wgmd@hotmaii.com; rcwildvail@yahoo.com; vailbob@comcast.net; bobwalsh971@comcast.net; rwilhelm@vail-beavercreek.com; bobzeltman@yahoo.com; Brian Taylor <tayloredcabtnet@gmail.com>; BRUCE FRASER <brucerfraser@msn.com>; c.arford@comcast.net; dstripp@skiclubvail.org; vaildc@comcast.net; daverootl@hotmail.com; kasingleton@q.com; wavygravey@hotmail.com; dgmg3142@yahoo.com; skijetre@msn.com; Dennis Koller <dennis_koller@hotmail.com>; d.pappas@comcast.net; dabel@vaii.net; stevieofpb@gmail.com; etaylor@jlet.com; Gene Henry <hiltonvail1@comcast.net>; geoffreygroh@gmail.com; geordy007@gmaii.com; gsvaill3@gmail.com; gufdol967@hotmail.com; forehank@aol.com; hughpaine@hotmail.com; jasonskisvail@gmail.com; jaymtaylor@hotmail.com; jcohen@cohenconstructioninc.com; 1 7/17/2012 4-7-48 Tammy Nagel D+rorro: Pam Brandmeyer Sent" rrid ,,i, Jure 29, 2012 4:47 PN1 '170: Greg Hall; Matt Nlire; George Ruts er; Bill Gibson Suih,jgCt: Full: Letter to Vail Tov,ln Counr_il ,i•dttachollexits: .ettei fnanl Chotin - 1835 Sunburst Drive.pdf Collective Council e-mail... From: Jennifer Land Finailto:JenniferCabChotin.coml Sent: Tuesday, June 26, 2012 4:06 PM To: Council Dist List Subject: Letter to Vail Town Council Dear Town Council Members, In regard to the proposed zone district change for the Vail Golf Course, please take into consideration our attached letter. Your time and understanding in this matter are appreciated in advance. Sincerely, Steven and Robin Chotin 1835 Sunburst Drive Vail, Colorado WWW.CHOTIN.COM' , TEL 303.741.0100 Jennifer M. Land FAX 303.741.6948 Vice President of Administration DIR 303.224.7419 CELL 303.886.0080 gland chotin.com a. The Chotin Group Corporation ` 6400 South Fiddler's Green Cir., #1200 Greenwood Village, Colorado 80111 http://www.chotinfoundation.org STATEMENT OF CONFIDENTIALITY; DISCLAIMER If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us 1 immediately by telephone 303.741.0100 or reply by e-mail and delete or discard iZe: rries:: ache. iha_i .. -ycii. the content: o= t1 --is e...r.:Fiil me.s,:ac*,; and any attachrr,,ents (this "e-mail") are for information purposes onl,,j and should not be regarded as an offer to sell or as a solicitation of an offer to buy any securities or investment products or as an official statement of Chotin. References to "Chotin" are references to any company in the The Chotin Group Corporation group of companies. Attachments that are part of this e-mail may have additional important disclosures and disclaimers, which you should read. 2 June D6,Z0I2 To: 114GyorAnd,� Doly, Mallo/Pro'tenn Ludwvl,*g Kurz, and Town Council 0fembers Ke�� Donovon, Kevin Fo!ey, Greg �o�orat9ogecsand St/ ie Tjosseni, This |ettershaU serve as our formal vvritten objection to tile proposedVad P|annin# and Environment[om�ission's Va\|�oM[oursezonedistrict amendment. VVe��ntheresidence|ocateda�l835SunburstDrive'\e�a|\ydescr\bed asLot S'Vail Valley Third Filing, Our property adjoins the parcel vihich is fl -,ie subject of the zone distra arreri(fir-nort proceeding. We have been Vail Valley property owner's since 1982. The first property we owned was in East Vail. As our children grew, sodid our need for space. VVehad always admired Sunburst Drive during our walks toand from the Vail Village, the beautiful homes, the quiet street and all adjacent tothe golf course were an ideal combination for us. In 1992 we purchased our stunning golf course property at 1835 Sunburst Drive. We paid a premium, because ofwhere the home is located, our back decks overlooking the 18 t green, which is adjacent tothe area pogposed for the zone district amendment. We are avid golfers, snow shoers and cross country skiers; immensely enjoying everything this property and what the current outdoor recreation zoning our property has had to offer. |thas long been aplace where wehave cherished spending time with our children and now grandchildren. As our family has grown, sohave our interests and our time has become more limited. VVeare not able tospend as much time in Vail as we would like. We have seen the real estate market recover to a degree and so in January I012 we decided totry tu sell this home and potentially downsize somewhere else in the valley. The lack of snow fall during the 2011/2012 ski season did not give us the amount of traffic as we obviously had hoped for. The proposed zone district amendment would now be catastrophic to our effort. |tgreatly diminishes our ability tosell this home. | would compare this proposed plan tntaking onocean front hotel room and turning itinto aroom with a parking lot view, or into a room which overlooked, and therefore was to overhear, the noise and disturbance of an event venue. We have not had a valuation done on what this would do to our property value, but will do so, if needed. It is incomprehensible that the individuals who planned this proposal could have the audacity tothink that this was agond idea and would an acceptable equitable solution for the surrounding property owners. The potential loss in home value, destruction of our views, loss in quality of golf, snow activities, event traffic and noise are simply unacceptable to us ifyou were to change to aGenera| Use Zone District. Although this Council may have no intention ofchanging the use to anything more aggressive than parking (which is pretty aggressive in and of itself), any future Council could convert the property to any number of uses which would effectively destroy the use of our property for residential purposes. We are in full agreement that clubhouse needs to be renovated, but slapping a parking |cu down in the middle of the 18m green, and changing the zoning designation of the property to permit o wide range of other destructive uses, is pointless, absurd and offensive. We are fully prepared to take any actions necessary to insure that the currently proposed plan does not happen. it is our sincere hope that the amendment is reconsidered and revised to an agreeable solution for all parties involved. Sincerely, Steven and Robin [hodn I83SSunburst Drive From: m To: Va I golf course club house Dal t R: Fri Cay, I.;:'I d 2 0 1.' 3:1.3:09 PM has Pr -gad a home in 1:1-ile of the proposed modifications to hole 418 since .1.983. We would not he in -favor of these changes to create more parking_aadJacaW__a pa tenant on the current site of the 18m green. Patricia and DanLd Cook- ----------------- Tammy Nagel From: Sent: To: Subject: Collective Council e-mail... Pam Brandrneyer Friday, June 29, 2012 4:54 PNI Greg Hall; George F.i.ithi:::!r,; Matt [:Hi Gibsori FL^J: Golf course 18th F-k:::le relccai:ior"i From: Richard deC HINDS [mailto:rhindsCabcgsh.coml Sent: Friday, June 29, 2012 4:10 PM To: Council Dist List Subject: Golf course 18th Hole relocation I own a condominium at the Willows Condominiums, 74 Willow Rd, Vail and visit Vail frequently to play golf on the Vail golf course. Ljraatrongly opposed to the proposal to eliminate the 18th reeojLfavor of a parking lot and truncate the 18th of the signs u se. It wou not only downgrade the golf course slope (di Icu making it less chs un to play it would have a negative impact on the look and feel of the golf course. Instead of finishing a round of golf near the clubhouse -where you can watch others finishing you would finish on the outskirts of a large parking lot and have to drive to the clubhouse a significant distance. The Vail golf course is one of the main draws in summer for visitors to Vail and any changes should be geared to improve its playability not to desecrate the 18th green. There is a need for some additional parking but that should be able to handled elsewhere, perhaps by relocating the practice area along the road to the golf course -or by use of a satellite parking lot. And what about improving bus service so people like me and the other users of this new clubhouse do not need to drive there? Is that not a more environmentally friendly solution? Richard Hinds Richard Hinds Cleary Gottlieb Steen & Hamilton LLP Assistant: dnewmanacgsh.com 2000 Pennsylvania Avenue, NW Washington, DC 20006 t: +1 202 974 1540 1 f: 202 974 1999 l m: 202 316 6999 www.clearygottlieb.com l rhindsCDcgsh.com This message is being sent from information. If you are not the by reply e-mail and delete this a law firm and may contain confidential or privileged intended recipient, please advise the sender immediately message and any attachments without retaining a copy. Throughout this communication, "Cleary Gottlieb" and the "firm" refer to Cleary Gottlieb Steen & Hamilton LLP and its affiliated entities in certain jurisdictions, and the term "offices" includes offices of those affiliated entities. Tarnmx Na el Prorn: Parra Brandmeyer Sent: Friday; June 29, 201.2 1.2:35 PM TO: Greed Hall; George Ruther; Matt 1,,lire; Bill GiL,son S .ibject: FIN: P.E_C Board 5i..ipports the Destruction of -03-8 Collective COUrl ll e-mail... From: Dale Bugby[mailto:dalefromvail(cbhotmail.coml Sent: Friday, June 29, 2012 9:38 AM To: VRD Board; Council Dist List; Alice Plain; Chris Johnson; king ad@yahoo.com; wgmd@hotmail.com; rcwildvail@yahoo.com; vailbob@comcast.net; bobwalsh971@comcast.net; rwilhelm@vail-beavercreek.com; bobzeltman@yahoo.com; Brian Taylor; BRUCE FRASER; c.arford@comcast.net; dstripp@skiclubvail.org; vaildc@comcast.net; daverooti@hotmail.com; kasingleton@q.com; wavyciravey@hotmail.com; dgmg3142@yahoo.com; ski7etre(&msn.com; Dennis Koller; kappas@comcast.net; dabel@vail.net; stevieofpb@gmail.com; etaylor(&jjet.com; Gene Henry; geoffreygroh@gmail.com; geordy007@gmail.com; gsvail13@gmail.com; guidol967@hotmail.com; forehank@aol.com; hughpaine@hotmail.com; jasonskisvail@gmail.com; jaymtaylor(dhotmail.com; jcohenCci)cohenconstructioninc.com; jeff@jeffpotto.com; Jeff Wiles Contact; iamesmaurer@bellsouth.net; hvmedog arosachalets.com; Joe Hanlon Contact; vendettasvailaaol.com; jfcanon@netzero.com; puckhut@g_mail.com; Ken Wilson Contact; ickyli@hotmail.com; pazzomark@hotmail.com; prima@vail.net; theschwartzisstrong@yahoo.com, moish16@gmail.com; thebluecueCaaol.com; ninolicciardi@yahoo.com; paulbass30@comcast.net; nesterp63@hotmail.com; pesso@comcast.net; Pete Nelson; pcwvaili@msn.com; philben nett8@msn.com; rich. freyberg@comcast.net; Rick Sackbauer Contact; rodneyjohnson@comf5.com; surfdork88@yahoo.com; olx@vail.net; Bob Walsh; bobcat49@aol.com; taxman@txstate.edu; stcvail@yahoo.com; storage@vail.net; todd@ridenl.com; toddmossa857@hotmail.com; toddnvail@aol.com; toddrash@yahoo.com; reeljob2001@yahoo.com; truikka@excite.com; awabbott@msn.com; davidcranevail@hotmail.com; pete.pattison@comcast.net; sirlynch@msn.com; bbblount@aol.com; theapi2raisaloffc(aaol.com; pvanburen0l@comcast.net; thun5ridge0)aol.com; douglas.mcavity@gmail.com; p seidman(a msn.com; emalzahnl2@gmail.com; gary(asrevail.com; schwa rtz.daniel.m@gmail.com; ameltz@epicintl.net; sayubu780hotmail.com; ra)daybenoit@gmmail.com; klskier@vail.net; cfreud@vaildaily.com; jjjmurad@yahoo.com; wer007Cabcox.net; johnahlbrandtC@comcast.net; jeffrey.brown@rbc.com; shawn366@yahoo.com; zgjink@aol.com; stevesimonett@comcast.net; j.moore@pga.com; bcollinsCalpga.com; bon nieblecha@aol.com; hattiesmom@aol.com; meghealthnut@earthlink.net; crowderci(@comcast.net; crcrowley(acomcast.net; nncur@aol.com; wldrebecca@mac.com; lindadelariah@mac.com; carolyndeluca@comcast.net; rsguerry@comcast.net; jhansen@sprynet.com; janeth@vail.net; trudyhowe@myway.com; lytton@vail.net; plarch@vail.net; tlavire@yahoo.com; hamsmom@aol.com; osusja@aol.com; daineemc@aol.com; vailgail(ahotmail.com; michellejuly110)aol.com; biragan1937@yahooxom; sallykrose@earthlink.net; karenberndt@comcast.net; reichmanvaiMarnail.com; cfmindsnap@gmail.com; staceboltz@me.com; tpesso@comcast.net; ywc.11l@gmail.com; gwiseco@omail.com; sfcvail(&yahoo.com; jland@chotin.com; schotin@chotin.com; art0)ab12la nalplawoffice.com Subject: REC Board Supports the Destruction of #18 In a stunning decision the Vail REC Board did another 180 degree turn last night and now again supports the destruction of #18 starting on August 6th. Their comment, "if you don't like it you need to attend the Town Council meeting on July 3rd." Comments from the REC Board included, "you don't seem to have much support to save #18," even though 25-30 people attended their meeting two weeks ago and 40-50 letters to the editor all denounced their poorly conceived idea of changing # 18 to a grassy special events tent venue and a parking lot. The fact that the Town owns the land and the REC District runs the facility doesn't get the REC Board members off the hook. The REC District met in a closed door meeting on June 21 to, "meet with their attorney to discuss their lease with the Town." Out of that meeting they drafted a position letter to Town Council supporting their clubhouse design and the destruction of #18. The REC Board voted to mail that letter last night even though it wasn't even on the agenda to be discussed. The bottom line is mark your calendar for July 3rd on Tuesday at 6PM to attend the Town Council meeting. MAYBE the Town Council will understand the primary objective of a golf course is the quality of golf, not special events. The golf course is a major tourist attraction and a huge revenue source during the summer months and compromising it for weddings and meetings only takes away business from the local hotels and restaurants that already own meeting space. Dale SU, by Rx,". ccvn Tammy Nagel From: Pam Brandmeyer Sent: Friday, June 29, 2012 4,32 PNI 'To: Greg Hall; Matt Mire; George Ruther; Bill Gil-dson 51.1bject: FW: Letters Collective Council e-mail... From: Rolvail@aol.com Cmailto:RolvailC@aol.com1 Sent: Wednesday, June 27, 2012 6:44 PM To: Vail Daily(amail.vresp.com Cc: vailciolfclubCa)gmail.com; Council Dist List Subject: Letters Vail Golf Course Alterations: As we now have learned, the Rec District and TOV have plans to shorten our golf course, remodel the clubhouse and put in a parking lot expansion where the present 18th green lies. Major problems lie with all three half baked projects. The golf course will lose a beautiful finishing hole, the adjacent homeowners will have arkin lot view to accommodate r o ow se remo ect tha e - years. —TT ey say the clubhouse will be a remodel rather than new construction due to a lack of funds, but anyone who has gone for a remodel rather than starting anew knows that remodeling a rotten 55 year old asbestos laden structure only opens a can of worms with unforeseen cost overruns) Woyl_dn! it be more astute to allocate the hundreds of thousands of dollars earmarked for tearing up our golf course, building anew green and constructing a parking lot for aster u�Tcn ay"' horns or Jake Respectfully, Rol Hamelin with cowboy truckers blasting their air M Tamm Nagel From: Pam 6randmeyer Sent: Friday, June 29, 2012 3:33 PM To: Matt Noire; George Ruttier; Bill Gihscin; Greg H;::111 5ubjaxt: RV: gate Z' Collective Council e-mail... From: Alinda Wikert Lmailto:a(dwikert.coml Sent: Friday, June 29, 2012 3:00 PM To: Council Dist List Subject: Vote I strongly oppose converting the 18th green into a parking lot. Alinda Wikert Galatyn Lodge 'Pammy Nagel From: Pam Br-andmeyer Sent: k1onday, Jule 02,, 2012 9:11 6JA To: r,,lett Mire; Greg Heli, George Ruther; Bill Gibson "Z, ulla,ject: F:1,1%1':�gclf course Collective Council e-mail.. . ----Original Message ----- From: CHARLIES SHIRTS INC. (mailto:charliesCa_vail.net1 Sent: Monday, July 02, 2012 9:08 AM To: Council Dist List Subject: golf course WE have several family and guest here so will not make tue MEETING. I DON'T BELIEVE THIS IS WHAT THE VOTER INTENDED. WE CAN MAKE THE GILDING WORK WITHOGT Maxi , 1RTH HOLE A PARKIN CST BOB AND TRUDY WALSH S5 From: To: Cc: 1-1.1211al"; ILCLU .01;MQUM; SLA bjeft: Towi Cf 1.'j3jj :T::)1f 'ZOLne D" a te I r4onday, "11Xy U, 2012 11:46:00 AM Dear Mayor Daly, We would like to voice our opposition to the changes proposed to the 18th hole on e goat course. iesecFa—noes will alter the whole character of the course and it will not be an improvement. If a large tent is to be erected on the present fairway I have no doubt that there will be a similar outcry as occurred when the bubble was put up on the driving range. We would appreciate your support in opposing the proposed changes to hole #18. Yours sincerely, David and Mary Goldstein. c' 3 Tammy Nagel MM From: Pam Brall(I rle!,rer Pv1o9"Id y, ..IuIJ �'- �1.: 1:,....1]. Nyl Subj�:"-ct- F�4 :l_UI"I'l'i:'C Il;lr7 of tl'll:...I_8th l� C,eei- is i lli-1-:J l'l Platt Pllire• i -e F1 11.1;George '' r��ea�i 4rrtc:l a Pari�;ii7i:i Lo't and ti'st:e for Warty Tent Collective Council e-mail... From: Olivia. Haxwood(abbh.com fmailto'Olivia.Ha)mood(&bbh.coml Sent: Monday, July 02, 2012 11:51 AM To: Council Dist List Subject: Conversion of the 18th Green into a Parking Lot and Site for Party Tent Dear Ladies and Gentlemen, As a concerned resi hard for me to believe that the Town of Vail Staff are recommending that the Town Council a r the 18th hole o Vail arkin o an site ora a y tPntLpngol iS cam; ictci�„^^^moatiblP with t P ari�ar.Pnt anrt sr,rroundina residences. n a I Ion, the it Goli Course is an�attrar.tion for any. many visitors and to alter It In such a fashion Is a complete mistake. Obviously, the Town of Vail Staff are not golfers and such an action could set a dangerous precedent for other open space lands. Very truly yours, Landon Hilliard 2049 Sunburst Drive Vail Olivia M. Haywood, Executive Assistant Partners - Administration BROWN BROTHERS HARRIMAN & Co. Broadway New A New York, NY 10005 IIU„ T 212.493.7809, F 212.493.7877, ollvla.havwood(ftl5h.com www.bbh.com APlease consider the environment before you print this email. *************************** IMPORTANT NOTE*****************************-- The opinions expressed in this message and/or any attachments are those of the author and not necessarily those of Brown Brothers Harriman & Co., its subsidiaries and affiliates ("BBH"). There is no guarantee that this message is either private or confidential, and it may have been altered by unauthorized sources without your or our knowledge. Nothing in the message is capable or intended to create any legally binding obligations on either party and it is not intended to provide legal advice. BBH accepts no responsibility for loss or damage from its use, including damage from virus. ******************************************************************************** Tammy Nagel From: Pam 3randrneyer Sent: �Jcnday, )uly 02, 21111.2 12:10 I:'A l To: DJatt P`wlire; l::!-iil P.u1J--ir::!r,; (:;recd I lall SubiAect: P.N: 13 th Green I.`i:1rb,:ing Collective Council e-mail... ----Original Message ----- From: Frederick Wyman [mailto:fredwvman(a-)gmail.coml Sent: Monday, July 02, 2012 4:29 AM To: Council Dist List Cc: Jim F Lamont Subject: 18 th Green Parking Lot July 2, 2012 Town Council, Yet again the Town of Vail is endea destro the beauty that is Vail that has been created by families such as m own who e e ' rom run amok over develo men a res o the wort o fin c Years ago, I recall being encouraged to entertain if not support and certainly we should not oppose the redevelopment of the Golden Peak area to allow for better facilities for the ski school and access to the mountain. We were told that the only way this could happen was if residential development was also allowed to pay for the improvements. Why didn't the share holder of Vail Resorts pay for their improvements for their commercial enterprise? We stupidly acquiesced feeling that we didn't want to stand in the way of progress. No sooner was the construction finished than unforeseen issues arose and ever since the Vail Resorts and the TOV has rudely ignored the neighborhoods legitimate concerns. Traffic is horrendous at prime times making it dangerous to cross the street. When I was president of the All Seasons Condominium Association for a decade I would write annually to the TOV requesting a pedestrian cross walk be put in so that the Association Members, our children and the public did not have to run a gauntlet of speeding cars to get to the mountain. We were ignored not only by the Town Council, Vail Resorts, but every other municipal planning department in the Town. Now the issue of traffic congestion is before you again and rather than address a community wide traffic issue you fast track a new Ski Club Vail facility for the benefit of whom? The business interests in the Vail Valley. Certainly not to benefit of the neighborhood which is already suffering from your poor planning. The Town's valet parking which somehow morphed into existence, which was never considered at the time and in retrospect was really disallowed because there was never supposed to be transient parking located at Golden Peak is now being touted a revenue producing for the Town. Further, it was noted that the new Golden Peak facility polluted the night time with the light that emanated from the garage. It took 5 years before we were able to persuade Vail Resorts to replace the substandard trees that were used as screening and accepted by the Town. Not surprisingly the Town Council at the time was totally indifferent to our issue as they have been with just about any neighborhood concerns in any part of Town. Now some enlightened individuals are proposing black topping the golf course, destroying private property values of adjacent homes, the area aesthetics so that the Town or friends of the Town can in some way profit from a business enterprise in a strictly residential and recreational area and add more traffic to the area. Unfortunately, I will not be in Vail on July 3 to share with you how I really feel about another of your ill advised schemes to destroy Vail. Hopefully the public backlash of the taxpayers will be such that vou will abandon this folly. Rest assured that I will make o a enda Town ouncil meeting the n x ime I'm in Vail to share my thoughts a out this as well as on many other planning matters including the hospital debacle that is being entertained to the detriment of another established residential neighborhood. Sincer�.!ly, Fred W drnan Frederick Wyman 30776 Dover Road Easton, Maryland 21601 fredwyman(cDgmail.com 410 822 5680 PIF 914 980 5791 C TarrimX Nage From: Pam Brandmeyer !-ueg•ht: Monday, July 02,, 2012 12:14 Pf,,1 To: Bill Gibson; George Ruther; Nlatt Mire; Gree Hall RN: 118th green Collective Council e -r -nail.. . From: Gretchen Busse jmmailto_gretchengb(acomcast.netl Sent: Monday, July 02, 2012 11:30 AM To: Council Dist List Subject: 18th green however the planned parking lot at the 18th Prm_whichwouidbe 50" closer to a blind^ hill curve on Sunburst Dr. Bike traffic is very heavy and fast giving inexperienced bikers little time react to an exiting bus so close to the curve. Sunburst Dr is used as an extension of the bike path by hundreds of daily riders many of whom are young and inexperienced. The proposed new bus exit would be an accident waiting to happen Thank You, Gretchen Busse 60 Tamm Nagel From: Pam Brandmeyer Sent: Monday, Jul; 02, 2012 12:32 Pkil To: Bill Gibson; George P.uther; Gn:,q Nall; Matt Mire Subject: FW: A/aril Golf Course, Project Collective Council e-mail... From: CURTIS OLSON jmailto:curtisolson(abme.coml Sent: Sunday, July 01, 2012 11:14 PM To: Council Dist List Cc: curtisolson0)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 it is difficult to do so. This project directly hurts my quality of life as well as significantly impacting my property value. I truly hope you will do the right thing in preserving what is left of our valley. There are other options t 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 directly 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 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 to 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 of life. 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 golf tournament 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 Irl.a.n 1XIIl co.rne close to replacing our current situation. .�. There does not seem to be a T t."1.d;ITC'�l.Ik�'1:'1;:,V, In summary, I love this town and the conin-fitm.ent the city has had to improve and l)Ie'scrve 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. 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. I presented these concerns at the May Planning District meeting as well as to Greg Hall (Public Works Director) 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(a)-me.com CURTIS OLSON curtisolson(@-me.com TammNagel From: Rarn Brandmeyer Sent: N,Ionda; , July 02, 201.2 12:33 FINJ To: 3111 Gil^,son; George Ruthi r; Greg l-lsll; N1 Subject: PdV: 18th I la,ie Collective Council e-mail... -----Original Message ----- From: Steve Cady [mailto:scady619(cDgmail.coml Sent: Sunday, July 01, 2012 9:51 PM To: Council Dist List Subject: 18th Hole I for one am opposed to a change in the configuration of the 18th hole. I think it should stay as is. Best Regards, Steve Cady 100 E. Meadow Dr. #305 Vail, CO 81620 (714)931-2922 Sr TammX Nage MMUMMIAW"MMAMMMM�_ M M From: Pam Brandr-neyer Sent-, j i..; k2, 2 r 0 0 1 1 12:3 17 FIN;l Y d 4. S. To: Nlatt ll,,,,tire, E!J11 Gibson- Georl.:.Je :-'O.Aher; lin, rl Hall Subject: FW: Collective Council e-mail... From: Susan Pollack fmailto:s.pollack(&comcast.netl Sent: Sunday, July 01, 2012 4:09 PM To: Council Dist List Subject: 18th Green Please do not change the .....location or size of the 18`h green. Shuttles from the parking structure can be used in case of a .......... ' large wedding or other event. Susan Pollack I T� Tammix Na2e MMMMMMMM From: 9amBramdmeyer Sent: N4omday,]u|y0Z'20I2I237PNI ��a1�K4i��Bi0GibsonRuthe�GregHaU �� ''GeorgeSubject: I-IgIV: 11,,ga�r��,t rep lacerr�erit of 18 green Collective Council e-mail... --Ohgma|Messugm-- From:GeordyOgden Sent: Sunday, July 01.2O122:3bPN1 To: Council Dist List Subject: Against replacement of 18 green Howdy Council, I would like to voice my opinion a ainst tearing up the grass to replace with blacktop. Please find another ootion like man you and keep our limited space green. GmordyOQdan Tamm Nage! From: Pam Orandrneyer Sen;t: %,Iw-iciay, July 02, 201. c 12:40 PN1 "no: i'i'J C:1sori; (]eorge. Rutl"er; Greg Hall; 1NAatt I'dlire S4.abjerc : �:: r1':'tail wolf C. o u rs e Collective Cou+icil e-rrlail.. . From: John@JCarlson Lmailto:JohnCcb3Carlson.us1 Sent: Sunday, July 01, 2012 9:27 AM To: Council Dist List Subject: Vail Golf Course In the course of events, reasoned and well-intentioned people sometimes reach questionable decisions. The golf course controversy is a case in point. Somehow a tax targeting development of a conference center has morphed into an idea unrecognizable from its origins int Before the golf course proposal is voted upon, a few issues should be addressed in a public forum. 1. Did taxpayers ever etc; ress a ,1Pcire to shrink of the golf course, add parking, or add an event center to the existing 2. If the town needs additional banquet facilities, why was the Pavilion built at Donovan Park? 3. What is the expected usage of the event center, and what is the source of these estimates? ition of an event center compete with private interests offering similar services in Vail? If so, why should ho C-- to ,mmnPt_P with n ih11C v 5. Do property owners in the vicinity of the golf course have any enforceable property rights on this issue? If so, what legal exposure would exist to the town and who will indemnify Vail taxpayers for any legal costs and adverse judgments? 6. If the plan is enacted, and proves a failure, will a reserve be maintained to fund demolition and reconstruction of the original design? Or is the plan irreversible? 7. When did the golf course become something other than a golf course? Perhaps each of these issues can be satisfactorily resolved. If so, the re -design is probably meant to be. If not, all varties involved should start over. John Carlson Vail, CO Tammy Nage Frorn: Pam Brandmeyer Sent: Nlonda,,, July 042, 2012 2 :5 2 PNI Y 1- 1 �:'. / %Iatt Mire; Bill Gibson; George Ruther; Greg HA S u 1:11j ect: FIN: Golf course reno%,aticsn Collective Council e-mail... From: clorothy furstenberg rmailto:dcfurstenberciayahoo.comI Sent: Saturday, June 30, 2012 1:39 PM To: Council Dist List Subject: Golf course renovation We would appreciate all considerations to keep the 18th hole a par 5. Thank you. Peter and Dorothy Furstenberg 1130 Ptarmigan Road (43 years) Tammy Nagel From: Pam Brandrneyer Sent: 'I'Vionday, July 02, 201.2 12:53 PNI To: Matt Mire; Greg Hall,- George Ruther; Bill Gibson Subjeczt: FW: the relocating of # 18 oil the vail golf course Collective Council e-mail... From: Paul Seidman rmai lto: pau lhseid man(cbgmail.coml Sent: Saturday, June 30, 2012 1:38 PM To: Council Dist List Subject: the relocating of # 18 on the vail golf course Hi My name is Paul Seidman, I am a business owner, long time Vail local (28 years) and golfer at the vail course for 18 years I am in favor of a new club house facility, but I am not in favor of destroying one of the best finishing holes, and the best par 5 on the Vail Golf Course for a parking lot.we S+ nPP��e able to�', coming in, at the pmttn-g--In-V-a1IW`Fe-nwe redesigned many buildings in great. Please do not destroy some of vails history ! ! ! xt4a.aQw�Ac I said before, whenever we needed more Vail we went underground and it has worked Thnx Paul Seidman Tammy IVa el n Fraa,m: Darn Brandmeyer Sent: "'1c,'17day, Juiv 02, 2012 12:54 PM To: 'vlatt fN1ir;-'; E{ill Gibson; George Ruthe'r; Gree Hall 1.i"ith Hoie Collective Council e-mail... From: vailbobCatcomcast.net Lmailto:vailbob(&comcast.netl Sent: Saturday, June 30, 2012 10:04 AM To: Council Dist List Cc: vailbob@comcast.net Subject: 18th Hole I am not in favor of redesigning the 18"' hole. I vote sburswng the funds that were votea ana coiiectea Tor the con ce cen er o�b�e—usedf s not aware a a tim that it included a redesig of the 18 o e an da done in connection wi e C u House redesign and repair, At the vrd meeting several weeks ago, I questioned the financial gain rpm - including the "wedding chapel" in the deal and of course I realize that a meeting space for 200 or so can be used for other than a wedding chapel. I was given a 1 paragraph print out that stated that among other financial benefits, the "wedding chapel" was suppose to realize a profit of $5.6 million (does the golf course even gross that much?) with attendant benefits of tax collections to the towns coffers, which I seriously doubt. The competition for the meeting room dollar is very strong and private enterprise will bring your numbers down. I have been a resident of Vail since 1990 and have played golf here on a regular basis since I could afford to after doing the 2 job program until 1995. It is a very good golf course with a good design for a muni. It's only real criticism (not that you couldn't increase the number of bunkers and put a few side slopes here and there) is that it is too short. & 'U a fe yyards to 13 end callina it a par 5 won't take the place of making 18 a par 4 even if you have m the back to ''fnn vrls neer the water into a usua v -20 mph wind. It will slow do— wn piav n thP�P shorter will reduce t to the other courses in I am pleased that the tone of communications between the town and rec district has gotten better since Mike has taken the reins of the rec district, but this to me seems to be a case of going too far to please the town fathers and mothers. Imesae Uve of who knew what when, it is a bad decision to shorten -the 18th hole to a par 4. The other neighbors in the area don't seem to be very happy a ou ra parking and the look of the new meeting room. Thank you for your consideration. It's a beautiful day in Colorado, Bob Essin t TammX Nagel From: PamBrandme�'er Sent: Monday, July OJ,2OI3I2:55Pk4 To: N1,9tt 'vlipsGeorgi: Ru1hecG,eg1a11�:Bi|Gibson Collective Council e-maii.. ----- Original Message --' From:janetrey Sent: Saturday, June JO.Z012S:Ju*M To: Council Dist List Dear Council Members, PI e do !�__Dass �thheplan to "Pave paradise and put up a parking lot". With a fi Tamm Nagel From: Pam Brandmeyer Sent: 1'ulonday, July 02, 2Ci.12 1.:00 F -'h1 -'r,o: N`Iatt k, ire; 1:3111 C.�'I::: sr.,n; Georgie i?uthrer; Hall S uIijec-t: FI,N: Cans. el"sicn c, i tine 1.8'l1 rperl Collective Council e-mail... From: Liz Schramm Sent: Saturday, June 30, 2012 8:33 AM To: Council Dist List - Subject: Conversion of the 18th Green Dear Council Members, I am not a golfer, but I have golfed on the Vail Golf Course. I do not agree with replacing the 18`h hole with a parking lot. Lets not make everything in Vail cement. I am sure you can improve the original parking lot. Plus the beautiful and very challepjgYing hole. Cn manv tnujSt& 4Dya the hikesn +end golf course in Vail Please do not change it. Thanks, Liz Schramm Property Owner in Vail Tama Iia el From: Pam Brandmeyer S,efit, Monday, July 02, 2012 1:014 PT.4 "ro: Matt N,lire; George Ruther; Greg Hall; Bill Gild! -,,:an bje11::t: RY: \ :all Golf Course Zone District Amendn1i°nt At:t uChru•ueruts: Vail Town Council - Starfire Con-ipany Urrited,pof Collective Council e-mail... From: Arthur Abplanalp jmailto:Art@AbplanalpLawOffice.coml Sent: Saturday, June 30, 2012 6:18 AM To: Council Dist List Subject: Vail Golf Course Zone District Amendment Members of the Council: I have been asked to forward to the Council the attached letter from the owner of one of the properties adjacent to the 18th green of the Vail golf course.. Thank you for your attention to the concerns expressed in this latter. Respectfully, Art Abplanalp Law Office of Arthur A. Abplanalp, Jr., LLC Post Office Box 2800 Vail, Colorado 81658 970.476.6500va CONFIDENTIALITY NOTICE: This e-mail transmission, and any associated documents, files or previous e-mail messages, may contain confidential information that is legally privileged. This communication is covered by the Electronic Communications Privacy Act. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or associated with this message is strictly prohibited. If you have received this transmission in error, please immediately notify this Office by reply e-mail at Art@Abplanal2LawOffice.com or by telephone toll-free at 866.470.6500, and destroy the original transmittal and any associated material without reading or saving that material. Thank you. �Aembers of the Vail Town Council: TheSt.arhre Co mpanyUmbed,is the ovvnerofLot 3,'Vail Valley 3rd Fi|in�:,F0with anaddress of1815 �unbu�tDriv�: ,VaU,CO. 'T'his property is one of those adjacent to the Town goifcoi..irsi.2 parcel vl--iich is proposedfor azone district amendmentchangin8the Town golf coursepapce|from the O0door Recreation zone district tothe General Use zone district. Onbehalf ofStarOreCompany Limited, 1am authorized to state that Starfire and its owners strongly object to the proposed action. The Vail Municipal Code establishes the criteria for denying or aporoving a zone district amendment. The proposal violates each and every one ofthose criteria, asfollows: (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 - 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) |nthe 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 municipal development objectives - Response - The proposal istotally inconflict with the residential nature -of the adjoining property and municipal development objectives of the Town of Vail do not (or at least should not) include the destruction of the environment or life experience of adjoining residents - full-time and part-time - which would be the effect ofthis 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 gi.aasi-public uses whir:h . cannot be appropriately regulated by the development standards prescribed for other zoning difst:r•icts" and "is intended to ensure that public buildings and grounds ... are approprizitely lo,:atr:;d and designed to meet the needs of residents and visitors to Vail, to harmonize '*ft -h 5urrour7di1'7g i..ises." E ache 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 Council deny the proposed change in zone district designation. Respectfully, Starfire Company Limited D , / 6 By: Title: VESEY LIMITED Tammy Nagel Frau: Pam Brandmeyer Sent, "Monday, July 02, 2012 1:06 PNI To: Nwlatt Mire; George Ruthe,r; Greg Miall, Bill Gibsor,i Subject;: FIN: 18th Dole Collective council e-mail. . From: zgjink(daol.com [mailto•zgjink aol.coml Sent: Friday, June 29, 2012 6:40 PM To: Council Dist List Subject: Fwd: 18th hole -----Original Message----- From: zgjink <zc oink( Daol.com> To: admin <adminCc_Dvailrec.com> Sent: Fri, Jun 29, 2012 6:33 pm Subject: 18th hole Very opposed to destroying 18th hole ,poorly worded on ballot never would have voted on this if i knew what your agenda is VRD and this was our "gift' thank you very little. Tammy Nagel. From: Pam Brandmeyer Sent: ".Monday, July 01", 20121 1:05 pl"I to bAatt k4ire; George Ruther; Gree.1 Hall; I' ill Gil -.)!-,nil Subject: F%N: VAIL GOLF CIA.JB AND hJ(JRDIC CEI,Jfl'*EP; REk,41:'..) SEL ,1"0,1D 1;13'f I i I FtEALI&�INIENF Collective Council e-mail.. - From: L Vande Garde rmailto: Iva ndecia(a)swbell. netl Sent: Friday, June 29, 2012 10:11 PM To: Council Dist List Subject: VAIL GOLF CLUB AND NORDIC CENTER REMODEL AND 18TH HOLE REALIGNMENT I have owned a condo in the Vail village core since 1978 and have played literally hundreds of rounds of golf at the Vail Public Course in the years since then. . I was verydisappointed taJiear_abQuLLbe propgacd-changg'sto the 18th hole when I played there last month. I think it to a par 4 would ruin it. I hope the Vail Town Council will find a better way of dealing with the ofe:n:n it a par 4 wo� it. iit remodel It c 21 iz ol co ernodel thanc an�ging t Feggol course. Larry D Vande Garde, MD Creekside #2 Y �0 Tammy Nagel From: Pam Brandmeyer Senn: Monday, Jul; 02, 2():1.2 1:09 pNel To: k4att N,fire; Greg F k ll,; (::e,::)rr.: e Ruther; EIPI Subject: RIJ: 1,1311"h H&e P,�.arkiril::7 1_1::7t Collective Council e-mail... From: Carrie Walker Lmailto•carrieswalkerC�gmail.coml Sent: Friday, June 29, 2012 5:32 PM To: Council Dist List Subject: 18th Hole Parking Lot Town of Vail Representatives, As an owner in Vail and member of the Vail Homeowners Association, I have been made aware of the town's plans to demolish the 18th green of the Vail golf course and replace it with a parking lot/tent are for social engagements. I do not of this move it will decrease the beauty of the golf course, increase noise and traffic for nei bbors and decrease the beauty of the town of Vail. Plus, the town has done nothing to communicate with out of town property owners - owners who also have a large stake in the town's growth, prosperity, and master plan. Regards, Carrie Walker ,� I Lorelei Donaldson From: Malin Johnsdotter <malin@vail.net> Sent: Monday, July 02, 2012 3:18 PM To: Council Dist List Subject: 18 th hole Dear Vail Town Council, It is with great sadness I have read the info about vniir plansurnin Vail Golf Course 18 th green into a par 'ing lot. I uncleirEsita!nd2that ou would like to add a party tent too. Well I understand that you want to make the restaurant at the Golf Course more profitable and of course it is a weindQrful_location for weddings and parties.Tut do you really think that it i a reen health parklike piece of land into a concrete parking lot?! though t tha we in ail wanted to preserve nature and onEnsoace._ Do you want to build this new parking lot for the restaurant or is it for the golfers? I play golf at Vail Golf course most days during the summer and I admit that the parking lot can be pretty full on weekends but 1 do not think I have ever had to turn away. Are you expecting more golfers? Can the course host more golfers? Is that the reason to destroy the green on the 18th hole? Lots of question come to my mind. Like, Is Donovan Pavilion used to maximum so Vail need another party location/ tent? If you want the restaurant to make more money why not start to improve the daily use of the restaurant so more golfers eat and spend more time in the restaurant. The golf restaurant at my old club in Sweden is located 7 miles from centrum of town and it serves such a wonderful lunch that it is packed each lunch with guests who drive out or take the bus from town just to enjoy the food and the atmosphere. I feel so sad for the homeowners who have their homes next to the 18th green. I would be devastated if I had to wake up with a parking lot just outside my door. Would it be possible to improve the schedule for the Town of Vail buses out to the golf course so people can park at other locations? I hope that eve bo ill come to the meeting Tuesday Jul 3r -d andspeak up a that the Town of Vail will listen to the people and the Homeowners who are a ected. I am sad I cannot be there bu am in weden but I will wit you in my t oug ts. Please think t is ro very care ully. Malin Johnsdotter Zeltman Malin Johnsdotter Ski & Snowboard Instructor 1779 Sierra Trail #A VAIL, CO 81657, USA 970 479 5597 h 970 376 6526 c malin@vail.net 1 7/17/2012 4-7-66 Tammy Nagel From: Pam Brandmeyer Sent: Monday, July 02, 2012 4:50 PM To: Matt Aire; George Ruther; Greg Hall; Bill Gibson Subject: FW: Vail ciolf Course Rernodel Collective Council e-mail... From: Bob Zeltman fmailto:bobzeltmanCaD.yahoo.coml Sent: Monday, July 02, 2012 4:50 PM To: Council Dist List Subject: Vail golf Course Remodel Hi, Bob Zeltman here. After attending the last 2 VRD meetings_I can only say why did I vote for these �uvs? Not one person supports1� e— avin the 18th hole and a= as is. Are ? The VRD would be sin 'n a i Brent tune ifwere adihome owners. ust ask' law suits against the town and wastin tax payer monies. The VRD is way out of line in my opinion. I've been to Donovan Park for a wedding and it's a great location. I also doubt that it's booked every day of the year so why the need for more event space? This is a mini conference center that we keep voting down! I voted for an improved club house so we don't have to say to people tbatihis is the best. we can do in a wor d class resort! Not turn the V event center. The town doesn't need to compe a with all t e con erence roo sin Vail hotels. _ The 18th holeand green is too beautiful a location to destroy. We need a club house and restaurant like every down valley golf course has. One that serves good food in that beautiful setting. I just returned from Ostersund, Sweden. It is north of Anchorage, Alaska about an hour from Are where the Skiing World Championships were held recently. The restaurant has table cloths on the tables and cloth napkins and serves 3 entres and a huge buffet and it is packed with both golfers and non golfers. The prices were reasonable which might explain why they were doing a great business. In short it has class! Something the VGC sorely needs. Stop trying to turn the golf course club house into something it was never intended to be. Thanks for listening. Bo Zeltman Tammx Na el From: Pam Brandmeyer Sent: Monday, July 02, 20124:49 PM To: Matt Mire; Greg Hall; Georige Ruther; Bill Gibsc.n Subject: FW: `/ail golf course & proposed parkiric lot Importance: High Collective Council e-mail... From: T Smith Vail [mailto•tws vailsmith.com_l Sent: Monday, July 02, 2012 4:25 PM To: Council Dist List Subject: Vail golf course & proposed parking lot Importance: High Dear Honorable Council Members: Please do not vote in favor of the Town trading grass for asphalt. I believe the town citizens voted to improve the building at the Vail Golf Course, not take away green space. Did the voters really vote to replace green with a parking lot? Significantly, it would be financially detrimental to the property values of the adjoining owners, and unfair to the other residents. Perhaps the VCG operation could include valet parking for any additional needs? I look forward to the much needed improvements of the existing building and continued "green" landscaping. Thank you for your time regarding this important matter, Respectfully, Owner, Mountain Haus condominium Vail Board of Realtors member 25 years VailSmith Properties P.O. Box 3462 Vail, Colorado 81658 USA 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 next 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 to 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 of life. 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 golf tournament 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 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'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 7/17/2012 4-7-1 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. I presented these concerns at the May Planning District meeting as well as to Greg Hall (Public Works Director) 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(ED-me.com 2 7/17/2012 4-7-2 Lorelei Donaldson From: Karla Sjogren <kksvail@aol.com> Sent: Monday, July 02,2012 1035 PM To: Council Dist List Subject: golf course 18th hole converstion The 18th hole should not be changed to a par four and the tee box sho stamp. Vail has a nice course and it is your draw for the public/ golf di h evah improvistaurai Rffer t ns d sirin an attractive restaurant with good food and a incredlt need to provide party venues, update the current restaurant. Management outsourced. Use the onsite liquor license to increase revenue dollars. be reduced to postage view.. If you feel the the rest. needs to The changes made to hole seven did not maximize a spectacular tee box when the the opportunity was available. And tee box and number 3 hole were changed to be very ordinary.... Imagination and creativity were not used. Short sided use of the funds. Do not do the same to hole 18. If you have monies left over after the clubhouse remodel is completed, they could be used to upgrade the greens on the golf course. I believe the voters provided fund for the golf course facility and not a party venue to support other 1 7/17/2012 4-7-70 Tammy Na el From: Parn Erandmeyer Sent: Tuesday, )uiy 03, 2012 12:52 PNI To: Matt N,lire; Gec;rge PUJther; Greg Hall; Neill Gibson: Stilbje-apt: Fled: Golf Club Changes Collective Council e-mail.. . From: Rolvail@aol.com rmaiIto: Rolvail aol.coml Sent: Monday, July 02, 2012 7:00 PM To: Council Dist List Subject: Golf Club Changes Dear Town Council; I have attended the last several meetings of the Vail Rec Board and would strongly suggest a go slow approach to the proposed changes! Please go ahead with the rebuilding of the clubhouse, hopefully from scratch so we are not revisiting in the future. This is absolutely necessary as you are aware. But let us wait on a chan es to the 18th fairwa and reen till we see 'ust what the demand will be? An a so re communit in ut as we have area several r elieve this approach is one of the two plans being presented Tuesday eve. Thanks so much. Respectfully, Rol Hamelin Ingie Franberg Lorelei Donaldson From: Lee S. Chapman <Ieapin66@me.com> Sent: Tuesday, July 03, 2012 2:42 PM To: Council Dist List Subject: Fwd: Town Council hearing 1uly3, 2012 --Zone District Amendment--Vaill Golf Course Attachments: Vail Town Council-Chapman.120625a.doc; ATT00001.htm Please consider this letter pertaining to your meeting tonight -----thank you! Lee and Sandy Chapman Begin forwarded message: From: "Lee S. Chapman" <lea2In66@-M-e.Com> Date: July 3, 2012 3:19:12 PM CDT To: Chapman Lee <Ieapin66CcDmac.com> 1 7/17/2012 4-7-73 Vail Town Council Members: We have been owners of property adjacent to the 18`h green of the Vail Golf Course since 1993. We understand that it is the subject of the current proceeding to change the zone district of that Town parcel from the Outdoor Recreation zone district to the General Use zone district. We oppose this change. Our family purchased this home with the understanding and the assurance that our property and the surroundings would always remain zoned O.R. and a green area. This was entirely logical considering the long history of the Vail golf course and the importance of the golf course (particularly the 18`h hole in its current configuration) to the attraction of Vail as recreational destination during the summer months. The current zoning, which was designed to assure the community of the perpetuity of that use and has been relied upon by the neighborhood as a whole, is essential for our neighborhood well being and our property values. We believe there is NO legitimate or justifiable reason to change this zoning. We highly value our ability to sit on our deck and enjoy mountain views in peace and quiet. Our use of this property would be severely hampered with a parking lot and a possible "events center" 50-70 feet from our deck. There will be an increase in noise, changes made to the natural environment, and security issues that we would have to deal with- how would you like that? Any other uses permitted in a General Use zoning area are equally distressing. Again, we strongly protest a change from Outdoor Recreation Use to General Use zoning for the property adjacent to the 18`h green! There is no justification for a change there -----we would approve of and enjoy the remodeling of the Clubhouse and change in zone district under the current footprint of that redevelopment project. For these reasons, we are convinced that the current proposal for conversion of property from the Outdoor Recreation zone district to the General Use zone district should be denied. Thank you for your consideration in this matter, Sandy and Lee Chapman June 25, 2012 7/17/2012 4-7-74 Tammy Nagel From: Pam Brandmeyer Sent: Thursday, July 05, 2012" 2:02 PM To: George RUther; Bill Subject: FV,t: S, fety Debate Collective Council e-mail... From: Dale Bugby jmai Ito: DBugby(@VailResortRentaIs. Coml Sent: Thursday, July 05, 2012 1:30 PM To: Council Dist List Subject: Safety Debate If you real) think #18 is unsafe you need to check you a e last mee in si ned o t' , and be safe Anyth*wJ Q etc close #10 tomorrow. Dale Bugby Vail Resort Rentals, Inc. 970-476-0900 www.vailresortrentals.com Vistar Real Estate, Inc. 970-476-6223 www.vistarrealestate.com information. er 200 seat venue it venue with a roc #18 is now unsaf( an Tammy Nagel From: Parn Brandmeyer Sent: T11ursclaN/, July 05, 21112 3:3 6 PNd To: Gec:irge Ruther; Greig I!all; "till Gibson; N1,:At N, ire Subject: FVV:Tr.-,;drt Cciur'ir..il rriael:inr.:a ;7,r3;']:.<..L.I..n, I6!:al Story Collective Council e-mail... From: Bob Zeltman ,[mailto:bobzeltmanCdyahoo.coml Sent: Tuesday, July 03, 2012 10:57 PM To: Council Dist List Subject: Town Council meeting 7/3/12 The Real Story Hi everybody, this is directed at the non golfers among you for the most part. After listening to the various presentations, here's what you are not being told by the studies. First of all golf like any other athletic activity has inherent risks. Take skiing for example, you will never safety proof the mountain just as you will never safety proof the golf course. Being both a skier and a golfer in Vail since the fall of 89 when I moved here has given me insights that don't appear in the "professional studies." Anyone who plays golf knows that you can be hit by an errant golf ball anywhere on the course or nearby for that matter at any time. The so called danger zone on the 18th fairway is just one of many. The club that you use determines how far the ball goes. The study only considers the driver. We have all hit a 9 iron or 8 iron over the net from the driving range and the balls land either on the club house or in the parking area. You could string steel cable from the top of every post across the driving area and cover the range with netting to contain the balls, but that is only one area of the course. Hole number one tee shots can go left across the street and hit cars, people on bikes and the townhouses or they can go right and land on golfers comming up the 9th fairway. Hole number 4 tee shots can hit homes, people and cars left and right there. Hole number 5 you can hit people comming up the 6th fairway with a slice. Hole number 7 you can hit people teeing off on the 8th tee box. You can slice your tee shot from the 8th tee box and the balls can land on people on the 2nd green. On the 9th tee you can slice your shot back to the first green and fairway. This happens every day that the course is open. Hole number 12 you can hit people on the 16th fairway. Hole number 13 you can hit someone on the 14th fairway and from the 14th tee you can slice the ball back to the 13th fairway. Hole number 16, you can hit people on the 12th fairway. On the 18th tee you can hit someone on the 11 th tee box. It's the nature of the game. The safety isssue on the 18th fairway is just a crutch to push an agenda to relocate the 18th green, MayLe, w at you sh is t ere ity isn't enougri space or t e event center on a large scale at the c1uh houseL ocation. Why don't you use the waste land area on the south s th Fwa foryo-ur event Out-er? It a so has a nice view of the Gore Range. Thanks for listening. Bob Zeltman Tamm Nagel IWANNAMOMIMMIMOWAMWOWAMMMMOMM From: Sent: To: Subject: Collective Council e-mail... Pam Brandmeyer `00'ednesday, July 11, 2012 11.:02 rPv1 Greet Hall; George Ruther; Matt Mire; Bill G'4:. -.on FW: #18 green From: Wayne Wright-HPU [mailto•hpli@p_do nett Sent: Tuesday, July 10, 2012 9:02 AM To: Council Dist List Subject: #18 green I am a 2nd homeowner and bought in Vail on the Potato Patch area. We truly like the tranquility and enjoy the Vail life experiences and have played golf a number of times. When I learne obble up part of the Rolf course I s if home on the 18th green and woke u one day looking -at a parking lot. mare good sense. Sincerely; Wayne Wright Houston Procurement and Logistics Intl, Inc. 10590 Westoffice Drive Suite 125 Houston, TX 77042 (a) USA 713-975-1111 (f) USA 713-975-1105 (m)USA 713-824-5999 hnli(mnda.net 1 nse? Tammy Nagel Froni: A rt h i..j r i'k b Iziiialo <,Art,'_e: -bp!inaIpLav�011ice.coni> Sant: 1Nednesday, 'i_ily 1.1., 2012 4:10 PP4l To: Council Cc: Joe I -la ilcu-, Cr.:an1:i:ict; h'r::n 11 11 Contact: Ric`c Sackl:iauer Contact; Sill Suarez; Jeff 'Niles C ontrar..rl:; N,Ike Matt N, ire; Greg Miall; 3111 Gii-.)son Subject: Vail Golf Course - Dest:ruc..tion};'Recor,figu.ration of 18tH Fairway and Green Attachments: TownCourici L�d'GC.120711.pdf Members of the Council (and, by copy, Vail Recreation District) The Council has identified a number of reasons for its consideration of the destruction and reconfiguration of the 18th fairway of the Vail Golf Course. Because it is unrealistic to expect anyone to be able to deal with each of those reasons within a two- or three-minute opportunity at a Council (or Board) meeting, it seems necessary to provide you with a written analysis of the various problems with the action which is under consideration. That analysis is attached. We hope that you will have an opportunity to review these thoughts and concerns before the Council meeting on the 17th of July (and, with reference to the VRD Board, before its meeting tomorrow, the 12th of July), and that the concerns and issues raised will cause both the Council and the Board to reverse the course of action which will be under discussion. If either any members of the Council or the Board, or any members of the Town staff, has any questions, you may contact me. Thank you for your attention to these concerns. Respectfully, Art Abplanalp Law Office of Arthur A. Abplanalp, Jr., LLC Post Office Box 2800 Vail, Colorado 81658 970.476.6500 'loll Valley Suite 311) 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 Re: Law Office of A.RTI11JR.A. AULANALP, JR. L.L.C. n.-alpIaA,offtce,rarn ;'s r.•1: i �?>�h�.l�p I. �i.n z� tp 1� ati�� Oft is e, corn 11 July 2012 Fort Collins Suite 260 Historic Miller Block 11 Old Town Square Fort Collins, Colorado 80524 Telephone: 970.482.6900 Telecopier: 970.482.6905 Proposed Reconfiguration of 18th Fairway and Green, Vail Golf Course Members of the Council: As the members of the Council are aware, this Office has been engaged by Glenn Hilliard, the owner of a residence at 1801-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 of Mr. 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 �,t`t:�:xes ro9l� ctr,�1 fora co�i.fc;rence center. For that reason, this letter deals primarily with those Oe o subjects voth which the Council seems I:V:) 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 of 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 same 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 will 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 fairway 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 of time. Any such existing hazard would be increased by a factor of ten 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 the 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 In � r�„erlity, the Mi.ni_r,ria.l and fleeting threat pos4 d to golfers on the 1Ot:h an.d. 13th fairway su.E7,gests d to the current configuration of the golf course or the use of that no change whatsoever is require conventional golf balls on the driving range. If part of the 18th fairway is vacated, at some point in the future the Town will certainly identify a need for this area and will conclude that there is only one answer to the broader problem. A change in the 18th fairway and green deal with only one aspect of the perceived risk and does not deal with the 10th fairway or the virtual certainty of alternative uses for the part of the 18th fairway proposed for abandonment. The Town controls the balls used on the driving range, and it is the height and distance traveled by those balls which creates the threat, to the extent any threat exists. The only universal solution to the perceived threat is the conversion of the driving range to the use of golf balls which travel a shorter distance and, more importantly, do not attain the height necessary to clear the fence surrounding the driving range. If there actually is a threat, the question isn't whether this action will be taken, but when. If the Council believes a threat exists, then this action is inevitable, and because the 18th fairway can be saved only at this time, the point in time to change the range ball supply to shorter distance balls is now. 2. - the proximity of residences adjacent to 18th green and the western part of the 18th fairway - The Town's golf course expert believes that golf balls hit from the 18th fairway can stray onto the residential properties adjacent to the western part of that fairway. The residents indicate that this rarely occurs. However, a. As previously pointed out, it is these owners who are objecting to the relocation of the adjacent fairway and green, notwithstanding the fact that they may be affected by the activity on the golf course. These people live next to the golf course so that they can have the experience of being next to the golf course, and they recognize that there is a risk involved. b. Of greater importance in establishing the fallacy of this concern is the fact that relocation of the 18th green and elimination of the western part of the 18th fairway will not eliminate the risk with which the Town is concerned. Rather the proposed action will shift that risk to the east, creating an impact area on properties which, at this time, have significantly less risk as an impact area. These are properties whose owners have had no notification of their increased exposure, and the Town has no information from these owners regarding whether they do or do not wish to assume the risk which the owners and residents around the current 18th green know and with which they are comfortable. Because the risk with which the Town is concerned is not eliminated but is shifted to those who are not now under that risk, without their knowledge, this safety argument is without any logic. W 3. the t1anger posed to an events -, eniae east an(I'or scri-Ah of the clubhoust.- - Per.�;t:.ived risk to an events venue east and/or south of the clubhouse has at least thrt:e central problems. a. First, this perceived risk is not now in existence. This risk only becomes real if the Council and the Vail Recreation District create an outdoor events venue in the impacted area. By changing the location of any events venue, or by creating an events venue which is either (i) interior or (ii) rooftop but protected or (iii) exterior but protected, the risk vanishes. b. Secondly, because the currently proposed events venue does not now exist, the Town is creating its own problem and then justifying changes which impact the neighborhood (removing the golf course impact from some properties and shifting that risk to other properties) in order to resolve a problem which is being created unnecessarily. Again, there is no logic to the proposed course of action. c. Finally, as noted above, the location of an events venue on the part of the 18th fairway will actually. increase any exposure of the Town associated with errant golf balls originating on the driving range, rather than eliminate that risk. For the reasons noted above, none of rationales relied upon by the Town warrant or necessitate the destruction or relocation of the 18th green and fairway. Voter mandate: The Town has on several occasions referred to its position that the approval of the expenditure of conference center funds has given it a clear direction to create an exterior events center in the area of the golf course clubhouse. While some who were exceptionally involved in the development of the ballot question or the related planning may have been aware that an external event center was part of someone's plan, the ballot question did not reflect any such proposed direction or plan. The best information available indicates that the ballot question was, in pertinent part, whether the Town should use the remaining convention center funds for the Expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including multi -use community space; .... (Emphasis added) It is important to note that the ballot question in no way indicated that the program would involve or require the destruction and/or appropriation of any part of the 18th hole. On the contrary, the use of the word "including" clearly indicates that the expansion and improvement of the clubhouse would "include" the multi -use community space, i.e., that the community space would be interior to and/or a part of the clubhouse. The input which the Council has heard from the golfing community has confirmed this popular reading and understanding of the proposal. 4 The Town has received no voter mandate for the r.le ,t:na.ct.i.on or roll -.1 ation r.)f ,"my put 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. Finally, it must be recognized that (a) Lhe cor:versici oi:'pc�ol^+.ri.1 frorn 91.-- if cou:-Se properties into properties vdiich front on vacant land ��vhose future i,: 1 Trgely impn.r,:l.ictalair°, ;.1 (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 adjacent 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 confirmed 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. 0 As noted in the previous cox=,l unicatiion to the C07.11161 on behalf of Mr. Millar+:1 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. xc: Mr. Glenn Hilliard Board of Directors, Vail Recreation District Mr. Matt Mire, Town Attorney Mr. Greg Hall, Director of Public Works Mr. Bill Gibson, Department of Community Development fd Lorelei Donaldson From: Sent: To: Subject: Attachments: Dear Vail Town Council, Glenn Hilliard <rglennhilliard@aol.com> Thursday, July 12, 2012 9:22 AM Council Dist List Proposed changes to Vail Golf Course Vail_Town Council Ltr 071212.pdf Please find attached letter. I hope that you will take this information into consideration for the council meeting scheduled for July 17th. Respectfully, Glenn & Heather Hilliard 1801-A Sunburst Drive Vail, CO 1 7/17/2012 4-7-96 Hilliard Group, LLL R. Glenn Hilliard July 12, 2012 Town Council Town of Vail Vail, Colorado Re: Potential changes in the Vail Golf Course Thank you again for allowing public input in regard to the Vail Golf Course and Clubhouse redesign and rezoning. In addition to the points made in our letter of June 26, 2012, and to the points previously and currently made by our Sunburst Drive neighbors and by the attorneys who are representing the neighbors who adjoin the area of the 18t green, we would like foryou to also consider the following points prior to making any decision on how to proceed with any changes to the 181s green and fairway or to the clubhouse. 1. The money, which is now available to the Town of Vail, is significant but limited, and it should be used in a way which delivers on the expectations and maximizes the real and incremental value for the residents, homeowners and taxpayers of Vail. Neither the current plan nor any of the publicly suggested changes to those plans are what voters acted upon nor do they maximize the return on investment. The available money is best spent building a world-class clubhouse, which contains internal and connected multi -use space designed to be used for a variety of purposes. These limited dollars should be spent as the voters approved them, not wasted in moving the 18th fairway and green nor in creating an unneeded "venue" space. If these monies are focused on clubhouse improvements rather than changing fairways and greens, there is much more opportunity to derive income and community value from a top notch clubhouse, with such uses as a restaurant, coffee shop, separate bar and grill, locker rooms, and a stop for bikers than there is in trying to create through a new outside venue new income for the Town of Vail or additional "heads in beds" for the retail businesses of Vail. 2. In and around Vail there already exist more than a half dozen more desirable and not fully utilized venues for weddings and other events. Adding another outdoor venue on the current 18th fairway and green area is not needed, is poorly conceived and is a waste of taxpayer's money. Importantly, the move of the 18th green also creates a reduction in value of the Vail Golf Course and a substantial reduction in the value of the homes adjoining the 181' fairway and green. Pagel of 3 2780 Peachtree !toad #505 — Atlanta, GA 30305 otHce: 404745-9770— rglennhilliaMOaoLcom 7/17/2012 4-7-97 The use of this area as outdoor venue space is clearly not optimal. In addition to creating potential problems and unhappy interfaces between golfers and venue users, and between venue users and adjoining homeowners, you should also recognize that the substantial road noise, which is okay for golfers, is not okay for weddings or other outdoor events. 3. The target capacity of any multi -use venue space should be reduced to 75-125 people and it should be enclosed or enclosable in poor weather or for safety. This is an optimal number for a multiuse facility which should primarily serve as restaurant space, so that Vail is not paying to maintain space which stands empty and unused the majority of the time. Any need for "outside or patio" space should also be permanent, enclosable and attached to the clubhouse to allow for the continuation of use of the 181h hole and green as currently configured and the continued use of the driving range. This "internal" space arrangement will alleviate issues of road noise, crowds and confusion from sharing outside space, avoid creating a legal nuisance to adjoining homeowners and eliminate the risk of harm or injury to venue attendees. As a reference point, the current clubhouse dining room accommodated comfortably the 115 people who attended the wedding rehearsal dinner for our daughter, Nancy, which was held in that venue in January 2000. 4. An outside venue is not a good business for this location. I serve on the board of Brookgreen Gardens, the largest outdoor figurative sculpture garden in the U.S., and on many weekends it is utilized as a wedding venue. In fact, our youngest daughter Glenn, was married there. When the cost of promotion, maintenance, . cleaning and preparing, and providing a liaison for wedding planners and sub- contractors for tents, music, etc. is factored into this, it is barely a positive contributor to the bottom line for Brookgreen and only profitable at all because the use is limited to the largest contributors to Brookgreen. Once again, we support but do not reiterate all the comments and letters provided by neighbors and others who oppose the ideas of moving the 18th green or creating an outdoor venue. We support the substantial improvement of the golf and nordic clubhouse and leaving the 18th green and fairway where they are today, To do otherwise is a complete failure to abide by the wishes of the Vail voters and is a violation of trust with neighbors and a violation of specific covenants which have been relied upon for decades. This is not a venue suitable for outdoor events, and it is an outdoor venue which is unneeded and will neither add revenues to the Town of Vail nor deliver meaningful additional "heads in beds" to our Vail businesses. Page 2 of 3 7/17/2012 4-7-98 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, golf, biking and neighborhood restaurant, coffee shop and clubhouse. Thank you for your consideration. nn Hilliard & Heather Hilliard 7/17/2012 4-7-99 Page 3 of 3 0 TOWN OF A Uri TIMMIT47117 17, To: Planning and Environmental Commission From: Community Development Department Date: October 22, 2012 Subject: 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 I. SUMMARY The applicant, the Town of Vail, is requesting 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, Vail Town Code, to require restoration of watercourses and riparian areas on town -owned streamtracts when an adjacent property owner requests design review approval. The following problem statement was established to clarify the issues to be addressed: Problem Statement: In order to protect Gore Creek and its tributaries and provide public access to these natural areas, the Town acquired streamtracts and generally keeps these streamtracts in a natural riparian state. Staff has identified private encroachments on town - owned streamtracts ranging from vegetation removal to construction of patios and other structures. The "privatization" of public land eliminates the ability for the public to utilize this land for recreation and negatively impact the health of the creek by impeding these sensitive areas' ability to provide habitat to wildlife, filters for storm water run-off, and streambank stabilization. The degradation of watercourses and riparian areas, in part by human disturbances, has led to the declining health of Gore Creek and its tributaries, which in turn has caused the State of Colorado to deem Gore Creek impaired. The purpose of the proposed regulations is to provide a trigger for required restoration of town -owned streamtract properties when adjacent property owners apply for design review approval. These proposed regulations will provide Staff with an additional tool to effect the removal of unapproved alterations of town -owned streamtracts and restoration of these properties. Staff recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for the prescribed regulations amendments. The Planning and Environmental Commission shall forward a recommendation of approval, approval with modifications, or denial to the Vail Town Council for the prescribed regulations amendments. II. DESCRIPTION OF THE REQUEST Previously, the applicant has held work sessions to discuss a broader set of proposed regulations that would establish a new watercourse setback, regulate pesticide applications and expand requirements for wetlands. The Town began this code amendment project as an effort to require mitigation of town -owned streamtracts and would like to refocus the conversation and regulations to make progress in this specific area. Once the original purpose is met, the Town will revisit additional water quality goals and potential code amendments. Proposed Regulations Amendments: 12-11-3: DESIGN APPROVAL: A. Scope: No person shall commence removal of vegetation, site preparation, building construction or demolition, dumping of material upon a site, sign erection, exterior alteration or enlargement of an existing structure, paving, fencing or other improvements of open space within the corporate limits of the town unless design approval has been granted as prescribed in this chapter. The addition of plant materials to existing landscaping, gardening and landscape maintenance shall be exempt from this provision. B. Violation: It shall be a violation of this chapter and the building permit for any person to commence, continue or complete work that has not received design approval as prescribed in this chapter and/or is not in conformity with the plans approved and authorized by the administrator and/or the design review board and the building official. C. Nonconforming Sites And Structures, Effect Of Design Guidelines: 1. Buildings and sites which are not in conformance with the design guidelines, due to annexations or changes in code provisions (i.e., legal nonconformities), shall be required to conform with the design guidelines when allowable gross residential floor Town of Vail Page 2 area (GRFA) (the GRFA that is permitted by the density control section of various zone districts), commercial floor area, or garage area credit is added to any existing structure or site. 2. From the effective date of July 21, 1998, there shall be permitted a one-time exclusion from this provision for an expansion to single-family, two-family, and primary/secondary residential dwelling units. This one-time exclusion shall be allowed for a single expansion of five hundred (500) square feet or less of allowable GRFA or garage area credit per dwelling unit. In which case, structures may be expanded without requiring upgrades to entire structures and sites to conform to the design guidelines. The addition itself, however, shall conform to the design guidelines. An expansion which is greater than five hundred (500) square feet, or any subsequent expansion to a structure, regardless of size, shall require full compliance of the dwelling unit with the design guidelines. 3. General maintenance and upkeep of a property shall continue to be required regardless of the amount of floor area added to a structure. The one-time exclusion noted above shall not preclude the design review board, pursuant to the design guidelines, from requiring landscaping and other improvements necessary to buffer or mitigate development impacts associated with the expansion/remodel. 4. Expansions made pursuant to section 12-15-5 of this title shall require full compliance of the entire dwelling unit with the design guidelines. Interior conversion additions pursuant to section 12-15-4 of this title shall not trigger the requirement for upgrading sites and structures to fully comply with the design guidelines, unless it can be classified as a "demo/rebuild'; pursuant to section 12-2-2 of this title D. Restoration of Adjacent Town -Owned Streamtract Property: Upon any request for design review approval, any alteration of adjacent town -owned streamtract conducted without consent of the Town of Vail shall cease and be removed at the sole expense of the applicant. The altered adjacent town -owned streamtract shall be restored at the sole expense of the applicant to native riparian conditions as determined and approved by the Administrator. Alterations may include but are not limited to the removal, mowing or addition of vegetation, site preparation, construction of porches, steps, decks or terraces or similar features, building construction or demolition, dumping of material, sign erection, exterior alteration or enlargement of an existing structure, paving, fencing, placement of furniture, works of art and firepits, or other improvements. III. BACKGROUND As part of the Environmental Sustainability Strategic Plan, adopted in 2009, the Vail Town Council identified protection of the natural environment as a top priority for immediate and future efforts. Focused on sustainability and reducing our impact on the environment, the Council is committed to continuous improvement of our environmental practices by promoting ecosystem protection and a campaign for community awareness and education. Town of Vail Page 3 The reach of Gore Creek flowing through Vail has been subjected to numerous disturbances over the past 30 years including increased encroachment into the public stream tracts. Over the past couple of years, efforts, including visual assessment of properties adjacent to town -owned stream tracts along Gore Creek from Vail Village Filing 11, just east of the golf course spanning west to Cascade Village, have been made to investigate possible encroachments into town -owned stream tracts. These inspections have identified numerous properties that have apparently undergone some form of modification or encroachment onto these sensitive riparian areas including, but not limited to: landscaping town -owned riparian property; building decorative planters; using the areas for recreational seating; or, in more severe cases, building structures, such as a basketball court, on these town -owned properties. In some instances, Staff has been able to work with owners to mitigate encroachments at numerous properties, resulting in restoration of the stream tract closer to its natural state; however, these issues have been resolved in only a few instances. Previously, Staff was unable to accurately identify the boundaries of existing publicly - owned stream tracts along Gore Creek and its primary tributaries which present difficulties in enforcement of every encroachment into public stream tracts. This particular aspect of management practice will be critical for improving and protecting the future stream health conditions of Gore Creek, thus maintaining Vail's Gold Medal Trout status which, in turn, sustains our summer fishing tourism economy. Staff realized that a professional land survey needed to be conducted on specific public stream tracts along Gore Creek and its primary tributaries resulting in the accurate and indisputable identification, regulation and legally defensible pursuit of compliance of encroachment issues. Such a survey for specific portions of public stream tracts was performed and has been a great resource to the Town since Staff would have a clearer understanding of public stream tracts in relation to possible encroachments as they are recognized. On October 6, 2009, Town Council adopted a "zero tolerance" policy for allowing illegal private encroachments on town -owned stream tract lands and instructed Staff to pursue removal of all encroachments. In January 2010, letters were sent to all properties adjacent to Town -owned streamtract detailing the need to protect the creek and remove all illegal encroachment onto Town property. In June 2010, letters were sent to 28 property owners and 3 encroachments were resolved through Staff interaction with adjacent homeowners. However, this process was halted with the onset of early winter conditions and resumed in early 2011. During the summer of 2011, letters were sent to 43 property owners identified as having encroachments onto town owned streamtracts. Of these 43 properties, 30 property owners agreed to remove encroachments, which were confirmed by Town Staff. One property owner received Town Council approval to have Town of Vail remove Town of Vail Page 4 encroachments (Lapin Residence, which will have bridge and retaining walls removed this summer, pending Army Corps of Engineers approval). Staff is working with the Town Prosecutor to prosecute one property owner, who has a basketball court crossing onto town owned streamtract. Staff is continuing to evaluate encroachments as further site visits are conducted and aerial photos are analyzed. The Colorado Department of Public Health and Environment (WQCD), Water Quality Control Division (WQCC) on December 6, 2012, added the portion of Gore Creek from Black Gore Creek to the Eagle River (Dowd Junction) to Colorado's Section 303(d) list of impaired waters for aquatic life use (provisional). The provisional listing of Gore Creek means that the cause of impairment is not known. The WQCC decided to add all of Gore Creek (within the town limits) to the 303(d) list in order to require additional studies to identify potential stressors to aquatic life that could cause impairment. The listing for aquatic life use is based on a new methodology for determining the health of a river using aquatic macro invertebrate (bugs) population characteristics. Failing bug scores are indicative of long-term health of Gore Creek, poor aquatic life is the precursor to the decline of the "Gold Medal" fishery in Gore Creek. WQCD and the Division will continue to work with the Town and the Eagle River Water and Sanitation District to determine the causes of this impairment. A Water Quality Improvement Plan was initiated, with preliminary findings summarized as follows: Aquatic life stressors • Loss of riparian habitat and buffer zones (strongly associated with loss of bug populations and diversity) • Landscaping extends to the stream in many locations Buildings, roads & other improvements within riparian zone Use of pesticides and herbicides • Pine bark beetle • Pine needle scale • Weed control (lawns and gardens) Stream habitat disturbance • Eroding stream banks due to loss of natural soil binding vegetation • Natural stream banks replaced by riprap walls and slopes • Stream channelization • Frequent construction disturbance Storm Water and Urban Runoff Town of Vail Page 5 • Street and parking area drainage piped directly to stream • Roof drains and subterranean dewatering discharges • Lawn irrigation return flows (fertilizer and herbicides) • Snowmelt factors (mag chloride) As part of a discussion on Gore Creek's impaired status designation, the Vail Town Council directed Staff to move forward with proposing regulations that will result in improvement to Gore Creek's health. Removing encroachments from Town -owned streamtracts is just one step in the Town's efforts to improve the health of Gore Creek and its tributaries. While the Town has been able to identify a number of encroachments on public property, these are just a few of the many built improvements impacting the health of Gore Creek and its tributaries. The Vail Town Code includes a watercourse setback requirement as follows - 12 -14-17- SETBACK FROM WATERCOURSE: Minimum setback from a creek or stream shall be not less than thirty feet (30) from the center of the established creek or stream channel as defined by the town comprehensive plan base maps, provided, however, that the setback from Gore Creek shall be fifty feet (50'). Natural creek or stream channels may not be rechanneled or changed. While this setback requirement prohibits buildings, it does not address landscaping or existing encroachments in the watercourse setback. Decks and patios within five feet of grade are permitted to encroach up to 10 feet into the watercourse setback. Further, the setback from watercourse sometimes does not reach the edge of creek in wider parts of Gore Creek, resulting in no real setback from the creek itself. Though the Town has identified improvements on public property, private property owners install sod and mow their grass up to the edge of the creek and other watercourses. The removal of vegetation has occurred over many years, and has impacted watercourses and riparian areas' ability to stabilize the streambank, provide habitat for wildlife, filter storm water, and as a result, is believed to be one of the reasons Gore Creek has been deemed "impaired" by the State of Colorado. The Town must act to improve the health of Gore Creek, its tributaries and riparian areas. The following pictures show degradation of streamtracts and riparian areas: Town of Vail e6 On August 13, 2012, presentations were made by the Eagle River Water and Sanitation District (ERWSD), the Vail Golf Course and the Town of Vail on water quality improvement. ERWSD provided an overview of the health of Gore Creek and stream health in general. The Vail Golf Course provided a detailed overview of the activities occurring at the golf course related to Gore Creek. Town Staff discussed the following as summarized below: As of December, 2011, the portion of Gore Creek from Black Gore Creek to the Eagle River (at Dowd Junction) has been added to the State of Colorado's Clean Water Act Section 303(d) List of Impaired Waters. The reason for the listing is a lack of quantity and diversity of aquatic life (bugs essential to health fish and other wildlife habitat). The listing is categorized as "provisional" because the cause of impairment is currently unknown. The State of Colorado and the Town now have ten years to determine the cause of the impairment and begin to correct the issue in order to remove Gore Creek from the 303(d) List. Staff has taken steps to lessen the impact of daily maintenance operations on Gore Creek, increase education and monitor water quality: Sand and Oil Separator Maintenance — The Town owns sixteen sand and oil separators that were cleaned by a contract maintenance company two years ago. All of the separators are presumed full, and will need to be cleaned again this fall. Estimated annual cost of $30,000. Following the cleaning, the Public Works team will check the fill rate in order to establish a maintenance schedule for the future. • Pesticides and Insecticides — the Town no longer sprays trees within 50 feet of Gore Creek. Weed spraying continues on an as -needed basis. Town of Vail Page 7 Cinders and Road Deicing — the Public Works team has maintained a policy of clearing snow and ice covered roads by 10 a.m. In order to maintain this standard and keep streets safe, the Town applies lava rock cinders and magnesium chloride to the road for traction. Street sweepers are run throughout the winter when possible, and a large percentage of cinders are picked up at the end of the season. Magnesium Chloride is used as little as possible: In East Vail, on Bighorn Rd. All Roundabouts, Frontage Rd., Vail Valley Drive, Red Sandstone Road, and Blue Cow Chute. Education — the Environmental Team hosted an AmeriCorps intern this summer through the Environmental Stewardship Program. The intern's scope of work included a two-month Gore Creek education program at Bighorn Park, the development of homeowner education packets that include water quality magnets, a riparian area brochure, and an informational letter. The Town's website now includes a page dedicated to Gore Creek, bug life, and water quality tips. Finally, a five week Vail Daily Ad campaign will begin this month, providing tips to readers on how they can help improve Gore Creek health. Ongoing monthly monitoring — Through the State's Riverwatch program, the Environmental team collects water samples from four sites along Gore Creek in order to test for metals, pH, nutrients, oxygen, hardness, alkalinity, and temperature. Streambank Restoration —willow and native shrub and tree planting, bank stabilization projects have taken place over the past year at the following sites: Bighorn Park, Stephens Park, Aspen Court Bridge, Middle Creek (above and below Frontage Roads). Improvements that will occur this year and next year include the Spruce Way culvert replacement and streambank restoration, Upper Middle Creek restoration, Booth Creek near the bike path, and other general creek stabilization at identified locations per the River Restoration flood study with willow staking and minor stabilization. Future Initiatives and Projects • Regulatory: The Sustainable Building Initiative (an incentive based green building program in development) includes post construction stormwater pollution control incentives, and requirements for watercourse and wetland setbacks. Possible regulations that require ongoing maintenance of sand and oil separators on private property. Infrastructure Upgrades and Regular Maintenance: of sand and oil separators, catch basins, and outfalls. The Town's green team is investigating the cost and impacts of installing another catch basin in front of the Town shops to intercept pollution from vehicles and maintenance activities. Town of Vail Page 8 The Gore Creek Water Quality Improvement Plan will be available for public review in the coming months, and a presentation to the PEC is planned to review the proposed plan. IV. APPLICABLE PLANNING DOCUMENTS Environmental Sustainability Strategic Plan Goal #3: Ensure that the natural environment, specifically air and water quality, water quantity, land use and habitat are maintained to current or improved levels of biological health. Ecosystem Health: Background/Key Issues Drought, warmer temperatures and the infestation of the mountain pine beetle have led to increased wildfire danger in and surrounding Vail. According to the U.S. Forest Service, as of 2007, the beetle has infested over 70% of the trees from Lionshead to Dowd Junction and during the next five years, the area surrounding Vail will lose hundreds of thousands of pine trees from this infestation. The dying and dead trees are more susceptible to catch fie and thus, increase the danger of spreading wildfires. The Town will spend over $1.5 million on addressing the beetle outbreak and wildfire preparedness through 2010. Gore Creek is the only major tributary that runs through the Town, and supports both recreational and sanitation needs. The extent of Gore Creek flowing through Vail has been subjected to numerous disturbances over the past 30 years including increased sediment from sanding of 1-70 during the winter. Monitoring the effects of sand sedimentation and other pollutant sources on the Gore Creek is underway and the Town works with the Eagle River Water and Sanitation District on watershed management programs to improve and protect the future stream health conditions of Gore Creek, which is designated a Gold Medal Trout fisher. The Gore Creek Ma croin vertebrate and Stream Health Monitoring Report. 2004-2006 Monitoring prepared for the Eagle River Watershed Council, stated that when compared to other healthy reference sites on Gore Creek and the Eagle River, aquatic insect numbers in certain reaches of Gore Creek flowing through Vail are in poor condition. Data summarized from various reports (Eagle River Inventory and Assessment 2005, Hydrosphere 2005, Wynn et al. 2001) indicate that in the past decade a downward trend in stream health is occurring in Gore Creek, typical of increasing urbanization. Current Initiatives Since 2000, the Town has been an active member of the Black Gore Creek Steering Committee and a project funding partner for source control and monitoring. The Town supported the planning and construction of 63 sedimentation basins on 1-70 Vail Pass over the past five years. Town of Vail Page 9 • In 2007, the Town assisted in funding the Colorado Department of Transportation's Sedimentation Basin of Last Resort project located at mile marker 183 on Vail Pass. • The Town supports Gore Creek water quality monitoring efforts by the Forest Service. • The Town supports, promotes, and adhere to the guidelines put forth by the Eagle River Water and Sanitation District Water Conservation Program. • The Town supports the implementation of Black Gore Creek Total Maximum Daily Loads (threshold for pollution rates that still meet water quality standards) to identify sediment load reduction projects and implementation plans. • The Town is partnering with U.S. and Colorado State Forest Service and Eagle County on the Vail Valley Forest Health Project, which seeks to reduce wildfire hazard by creating a fie break around the Town by removing beetle infested trees and working on re -vegetation programs. In 2007, the Town hired a six person wildfire mitigation crew for fie prevention education and cutting/thinning projects on Town -land adjacent to U.S. Forest Service lands. • The Town finalized its Community Wildfire Protection Plan in 2007, which outlines how Vail can protect itself from the threat of wildfire. • New regulations in 2007 require Class A roof assemblies or roof covering materials on all new roofs and re -roofs in Vail, and prohibit wood shake and wood shingles for all structures. Objectives 1. Maintain Gore Creek watershed as a Gold Medal Fishery, while working to maintain tributaries, meet and/or exceed aquatic life standards set by the state of Colorado through the management of urban stormwater. 2. Re-initiate Trees for Vail program as a forest restoration and Town of Vail beautification project to improve the community and the environment through tree planting. 3. Promote water conservation practices in businesses, community and municipality. 4. Address tree disease in the Town of Vail through public outreach and education. Town of Vail Page 10 GOAL I OBJECTIVES ACTION ITEMS EN NTAL RESOURCES RESOURCE U IRONM • QR Goall EnsEnsure. that 114.iota n G.rc Creek water- Y. i Lmpler-rift p Ituticm pr—rit —, steeam and t.7_11a 1 and Th. pneceruee� oordi- 77 q - B:'.atv.. 7e.nr the natural env0ren-shed as a Gesdd rierlai Fishery, public education actions air,¢d strategies throutjro the Gore Creek. Potlwtion drin, and nunahers. of 2010.(ango- Staff Tme, ment, spce. ff— ly or vd rilc walking to maintain Rin rention Progr i; quality, water quantity, land use and habitat are maintained to current or improved levels of biological health." This goal is being furthered by the text amendment by requiring adjacent property owners to restore Town -owned streamtracts if they have been altered, which will in turn improve the health of Gore Creek, its tributaries and adjacent riparian lands. 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 Staff finds the text amendment reflect changes in conditions since the adoption of the Zoning Regulations. In previous years, the Town allowed certain encroachments onto town -owned streamtracts, such as landscaping, decks and walkways under certain circumstances. However, in recent years, homeowners have encroached onto town -owned streamtracts with increased activity that has become detrimental to Gore Creek's health and has contributed to the privatization of the public streamtracts. As a result, the Vail Town Council adopted a zero tolerance policy for unapproved streamtract alterations. It has been a difficult task for Staff to get homeowners to not only remove encroachments, but also to restore streamtracts to their natural riparian state. The text amendments will provide regulations for such restoration, thus reflecting the Town's change in attitude towards encroachments. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Staff finds the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives because the proposed code language will require removal and restoration of all unapproved streamtract encroachments. This will improve the relationship between public and private lands by providing a clear differentiation between the two types of ownership. Further, the text amendments will promote the Town's development objective to remove such encroachments and allow use of the town - owned streamtracts for public use and to serve as a buffer for improvement of Gore Creek's health. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the prescribed regulations amendments. This recommendation is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented. Town of Vail Page 12 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, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, to require restoration of watercourses and riparian areas on town -owned streamtracts, 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 a review of Section V of this memorandum, 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, and 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." Town of Vail Page 13 Department of Community Development 75 South Frontage Road Vail, CO 81657 PH: 970-479-2138 FAX.- 970-479-2452 www. vailgov. corn October 4, 2012 Town of Vail Planning and Environmental Commission and Adjacent Property Owners Re: 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 Dear Planning and Environmental Commission members and adjacent property owners: The purpose of this letter is to inform you that the Town of Vail Staff has approved an amendment to the approved conditional use permit for the Vail Resorts private parking lot located on the former BP/Amoco gas station site. The conditional use permit for the private parking lot was conditionally approved on November 23, 2009, with an expiration of November 23, 2012 or the obtainment of building permits for Ever Vail. As Ever Vail will not be moving forward by this deadline the applicant has requested an extension of the conditional use permit. Staff's approval includes the following condition: 1. This conditional use permit shall expire on November 23, 2015, unless the proposed Ever Vail project has submitted for building permits and is moving forward diligently towards the start of redevelopment. The Town of Vail Staff has determined that this amendment to the approved private parking lot conditional use permit meets the review criteria prescribed by Section 12-16-10, Amendment Procedures, Vail Town Code. This administrative approval of a conditional use permit amendment will be reported to the Town of Vail Planning and Environmental Commission at its Monday, October 22, 2012 public hearing at 1:00 p.m. in the Vail Town Council Chambers, located at 75 South Frontage Road West. The Planning and Environmental Commission reserves the right to "call up" this administrative action for additional review at this hearing. This administrative action may also be appealed by an adjacent property owner, any aggrieved or adversely affected person, or the Vail Town Council as outlined in Section 12-3-3, Appeals, Vail Town Code. Should you have any questions, please feel free to contact me directly at 970-479-2148. Sincerely, �r J 'd , Warren Campbell, AICP, LEED AP Chief of Planning