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HomeMy WebLinkAbout2013-0422 PECK� TOWN OF VAIL' PLANNING AND ENVIRONMENTAL COMMISSION April 22, 2013 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Site Visit: 1. Vail Golf Course — 1775 Sunburst Drive 90 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: George Ruther ACTION: MOTION: SECOND: VOTE: CONDITION(S): 2. A request for final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the platted building envelope, located at 1067 Riva Glen Road/Lot 6, Spraddle Creek Estates, and setting forth details in regard thereto. (PEC130011) Applicant: Michael Noell, represented by Mike Foster of Triumph Custom Homes Planner: Warren Campbell ACTION: Table to May 13, 2013 MOTION: SECOND: VOTE: 3. A request for a recommendation to the Vail Town Council on the adoption of the 2013 Gerald R. Ford Park Master Plan, an assemblage of the 1985 Ford Park Master Plan, the 1997 Ford Park Management Plan, and the 2012 Ford Park Management Plan Amendment, located at 530, 540, and 580 South Frontage Road East/Unplatted, and setting forth details in regard thereto. (PEC130012) Applicant: Town of Vail Planner: George Ruther ACTION: Table to May 13, 2013 MOTION: SECOND: VOTE: 4. A request for the review of a variance from Section 12-6E-8, Density Control, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an increase in dwelling units per acre to facilitate the construction of two single-family residences, located at 1183 and 1191 Casolar Del Norte Drive/Lots 4 and 5, Casolar Vail, and setting forth details in regard thereto. (PEC130010) Applicant: Todger Anderson, represented by Tom Braun Planner: Warren Campbell Page 1 ACTION: Table to May 13, 2013 MOTION: SECOND: VOTE: 5. A request for the review of a variance from Section 12-713-15, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of additions in excess of the prescribed site coverage; and a request for the review of a major exterior alteration or modification, pursuant to Section 12-713-7, Exterior Alterations and Modifications, Vail Town Code, to the allow for the construction of additions, located at 225 Wall Street/ Lot B, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130008, PEC130009) Applicant: Wall Street Commercial, LLC, represented by Suman Architects Planner: Warren Campbell ACTION: Table to May 13, 2013 MOTION: SECOND: VOTE: 6. Approval of April 8, 2013 minutes MOTION: SECOND: VOTE: 7. Information Update 8. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published April 19, 2013 in the Vail Daily. Page 2 K� TOWN OF VAIL' PLANNING AND ENVIRONMENTAL COMMISSION 1:00 pm April 22, 2013 TOWN COUNCIL CHAMBERS 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Bill Pierce Susan Bird Henry Pratt Luke Cartin Pam Hopkins John Rediker Michael Kurz 90 minutes A request for the review of amendments to a conditional use permit, pursuant to Section 12-16- 10, Amendment Procedures, Vail Town Code, to allow for the redevelopment of the Vail Golf Course Club House (i.e. accessory buildings, permanent and temporary, and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses), located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3 and Unplatted Parcels (a complete metes and bounds description is available at the Community Development Department Office), and setting forth details in regard thereto. (PEC120036) Applicant: Town of Vail, represented by Greg Hall Planner: George Ruther ACTION: Approved with condition(s) MOTION: Kurz SECOND: Cartin VOTE: 4-0-2 (Pierce & Hopkins recused) CONDITION(S): 1. This conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review applications (PRJ12-0156). 2. This conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval of the associated prescribed regulations amendment to the allowable building height within the Outdoor Recreation District for a golf course club house (Ordinance No. 21, Series of 2012). 3. This conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval of the associated zone district boundary amendment which allows for the Vail Golf Course parking lot to be zoned Outdoor Recreation District (Ordinance No. 22, Series of 2012). 4. The applicant shall cause the Vail Golf and Nordic Club House Management and Operations Plan, dated April, 2013, to be amended to include the revisions recommended by the Community Development Department with the addition of the pre -function area to be included the 160 person occupancy limit and that a graphic map be created to depict the allowable locations for temporary tents within the CUP area and the form of the document shall be revised to ensure it's effectiveness as a legal instrument and guarantee it's enforceability, to be used in Page 1 the administration of the conditional use permit approval (PEC120036), prior to the issuance of a building permit for any improvements associated with the golf course club house renovation. 5. The Town of Vail, as owner of the property, through the execution of a lease agreement, shall cause the subject golf course clubhouse use to be managed and operated in accordance with the Vail Golf and Nordic Club House Management and Operations Plan, prepared by the Town of Vail and the Vail Recreation District, dated April, 2013, as amended and approved by the Planning and Environmental Commission on April 22, 2013. Failure by the Town of Vail to operate the subject golf course clubhouse in accordance with the approved management and operations plans and the parking management plan shall be considered a violation of the Vail Town Code (Section 1-4-1, General Penalty, Vail Town Code, and Section 12-3-9, Compliance, Violations; Penalties). 6. At the conclusion of the first year of operation of the Club House, the Vail Planning and Environmental Commission shall conduct a public hearing to review the effectiveness of this Plan. The operator's neighborhood liaison will inform neighbors included on the neighborhood email contact list of this meeting. 7. Any future amendments to this conditional use permit approval shall be reviewed in accordance with the procedures prescribed by the Vail Town Code (Chapter 12-16, Conditional Use Permit, Vail Town Code). Commissioners Pierce and Hopkins recused due to conflicts of interest. A motion to enter executive session was made by Kurz, seconded by Cartin. Vote 4-0-0. The record was turned off for an executive session to receive input on legal matters. A motion to adjourn the executive session was made by Kurz, seconded by Cartin. Vote 4-0-0 George Ruther gave a presentation per the staff memorandum. He highlighted several documents included in the public record. He added that there have been four public hearings before the Commission on this item. He spoke to the role of the Commission and the criteria by which the application shall be evaluated. He then spoke to many of the details of the proposal including the proposed parking counts and how the parking requirement recommended for approval was determined by staff. Staff is recommending approval with conditions. Commissioner Pratt inquired as to the statement of "parking capacity" page 8 of the management plan. There was a question regarding the required parking. George Ruther stated that staff is recommending 158 parking spaces and the management plan states that uses in the clubhouse needing more than 158 parking spaces are not allowed. Commissioner Pratt further inquired as to statements regarding off-site valet at Public Works. Tom Braun, representing the Town of Vail, further spoke to the management plan statements regarding off-site parking at Public Works. He began the power point presentation by stating that the applicant is looking to remodel the existing clubhouse to address several concerns with the existing structure. The proposal is to maintain the existing uses. The proposed application has Page 2 been amended several times throughout the process to address concerns of the neighborhood. He then spoke to the specifics of how parking for the land uses would occur and not impact Sunburst Drive. The management plan has been amended to be clearer with many "may" statements changing to "shall". The capacity of the land uses is increasing from 120 to 160 attendees. There are currently 112 stripped parking spaces. The plan includes 125 stripped spaces and with valet parking the count increases to 158 parking spaces. Commissioner Kurz made a comment regarding the use of tents on the site. He spoke to the current procedure is to have any request for a tent go before the review of the full board which includes the Town Manager. Commissioner Cartin asked for clarification regarding whether or not the 158 parking spaces included the parking at the Public Works department. Tom Braun explained that the 158 did not include the public works spaces. Any spaces at Public Works were in addition to the prescribed requirement. Commissioner Pratt inquired as to the occupancy load of the existing banquet facility. Martin Haeberle, Chief Building Official, spoke to how egress affects the occupant loading. He also spoke to how occupant load is affected by how the space is used (tables, dancing, etc.) Commissioner Pratt inquired as to the current occupancy load for the existing banquet room. Martin Haeberle said he could calculate the occupancy if we had the size of the room. It was identified that the space is approximately 2,600 square feet, and 1 occupant is allowed per each 7 square feet. Commissioner Kurz spoke to the Commission not having any role in the determination of the covenants. Rob Levine, General Manger of the Antlers Lodge, spoke to the effectiveness of letting attendees know ahead of time about the parking situation and many will choose to use our mass transit system. He feels it is in the best interest of the community to have top drawer facilities in the Town. Gretchen Busse, representative of Sunburst Drive. She is glad the occupancy is down to 160 occupants. Does the 160 capacity include the outside areas? Tom Braun stated that 160 is 160. Ms. Busse continued by inquiring as to who would be the operator and would they be in charge of valet and enforcement of the management plan. Tom Braun stated that the operator would be responsible Ms. Busse asked how the management plan would be enforced. She spoke to how the police department does not respond to calls regarding parking on Sunburst and noise. Steve Collis, Holland and Hart, attorney for several of the neighbors, spoke to how he believes the project is a square peg in a round hole. He spoke to how many people choose not to use valet, so how will this be insured. He continued by speaking to how the provided parking of 158 parking spaces does not account for any unforeseen events. He added that beyond attendees Page 3 there are pedestrians and bikers which need to taken into consideration. He stated that he has heard at the hearing that the occupancy will be limited to 160 attendees, but it is not in writing. He spoke to the average of 15 to 20 events per year and that is increasing to 50 to 60 along with a maximum attendee increase. The homeowners will be materially injured by the proposal which will have events three to four days a week throughout the summer. Art Abplanalp, attorney representing several owners of Sunburst Drive, spoke to the criteria that are to be used for evaluating a conditional use permit. He added that before reviewing the application, there must be a review of the Code to determine if the land use is identified and the process for review. He spoke to the layout of the proposed structure with the golf uses in the basement. He spoke to his confusion over the included management plan which was misleading. He highlighted several sections of the management plan which he believed eliminated several important elements. He spoke to a concern about the lack of the parking when there is a golf tournament with 142 participants, users of the eating and drinking establishments, putting and chipping green. He concluded with stating that if the Commission were considering approval that the application be tabled for adequate public notification. Peter Cook, resident, golfer, former VRD board member, spoke to his concern regarding how passes and memberships are run and the impact/conflict created between late start golfers and tents associated with events. He suggested events should not be permitted to start until later. Pam Stenmark, resident of Vail, spoke to the marketing of Vail and the quality. The current golf course club house is not a good reflection. Every club house she has been to includes a room for weddings and other events. She stated that the community should take advantage of the opportunity to improve the golf club house. Kim Newberry, former Town Council member, spoke to the clarity in the ballot question to renovate all the existing uses. The uses are accessory, incidental, and customary to the golf club house. Sam Maslak, resident of Sunburst Drive, stated that he and other residents and golfers look forward to a renovated golf club house. He is concerned that the process turns into an attempt to construct a convention center which failed a number of years ago. He added that in the past the police have not responded to concerns regarding parking and noise. There will be an increase in use and size of events which he stated is off concern. He does not believe there has been a straight answer on the current occupancy of the banquet room. He suggested that there be a limitation on the number of events during a month. He believes there is inadequate provision in the management plan to ensure compliance with the parking on Sunburst Drive. The issue of tents is still puzzling. Will there be tents allowing for 500 attendees? He asked that the project be turned down. Bob Boselli, business owner in Vail for 22 years, spoke to the biggest motivation to him was the need to improve the golf club house to be of high quality. Commissioner Pratt closed public participation. Tom Braun spoke to the several of the comments raised. He spoke to 160 attendees is 160 attendees. He spoke about tents and where they are anticipated. He added that a graphic map identifying the acceptable locations of tents may be appropriate. Commissioner Pratt inquired as to the use of tents in other locations on the golf course and the process for their use. Page 4 George Ruther stated that the memorandum suggested defining the acceptable locations for tents. Tom Braun spoke to the management plan that was provided and why certain portions were amended. Commissioner Kurz asked George Ruther if the public hearing was noticed pursuant to the Town Code. George Ruther stated that it was noticed in accordance with the Vail Town Code. Commissioner Cartin asked if there was a current management plan for the golf club house George Ruther stated that there was not. Commissioner Kurz stated that he had a concern about the lack of the police response. He appreciates the passion around the proposal and they attention on the project to address concerns is clear. He spoke to the Town Code and the need to evaluate the proposal with regard to the criteria. He believes that the proposal is in compliance with the criteria. Commissioner Rediker stated that he agreed with the staff responses to the criteria. He believes the conditional use permit criteria have been met and efforts have been made to address the neighborhood's concern. He has not been convinced that the banquet room is not accessory or not incidental to the golf club house or golf course. Commissioner Cartin stated that analysis by staff has been very thorough. He suggested that if problems arise the Commission can address them in a year pursuant to the recommended conditions. Commissioner Pratt asked that pre -function spaces be added to the management plan when determining the maximum number of attendees. He spoke to a concern about the need for a landscape buffer along the south side of the parking lot. He stated he would support the reduction in the parking count by 4 or 5 spaces in order to get more landscaping adjacent to the residence. He believed the proposed banquet room is accessory and incidental. He was concerned about the issue of "materially injurious" and whether or not the proposal will result in this impact. He expressed concerns about the lack of police response. The proposal results in many positive outcomes such as addressing no parking on Sunburst Drive. He believes the proposal complies with the criteria. The Commission discussed with staff several of the suggested changes to the management plan. On page 6 pre -function would be added to the definition, an image should be added to clearly identify where tents will be permitted within the conditional use permit area. Art Alplanalp, raised a concern about the provision of an amended application and whether an amended application existed for public review. George Ruther stated the development application was and has been available for public inspection at the Community Development Department. Sam Maslak stated his confusion around whether or not the attendees will be limited to a number per each room. Page 5 There was a question regarding the 160 attendees and whether or not there could be 160 in the defined area and additional in tents out on the site. 2. A request for final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the platted building envelope, located at 1067 Riva Glen Road/Lot 6, Spraddle Creek Estates, and setting forth details in regard thereto. (PEC130011) Applicant: Michael Noell, represented by Mike Foster of Triumph Custom Homes Planner: Warren Campbell ACTION: Table to May 13, 2013 MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 3. A request for a recommendation to the Vail Town Council on the adoption of the 2013 Gerald R. Ford Park Master Plan, an assemblage of the 1985 Ford Park Master Plan, the 1997 Ford Park Management Plan, and the 2012 Ford Park Management Plan Amendment, located at 530, 540, and 580 South Frontage Road East/Unplatted, and setting forth details in regard thereto. (PEC130012) Applicant: Town of Vail Planner: George Ruther ACTION: Table to May 13, 2013 MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 4. A request for the review of a variance from Section 12-6E-8, Density Control, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an increase in dwelling units per acre to facilitate the construction of two single-family residences, located at 1183 and 1191 Casolar Del Norte Drive/Lots 4 and 5, Casolar Vail, and setting forth details in regard thereto. (PEC130010) Applicant: Todger Anderson, represented by Tom Braun Planner: Warren Campbell ACTION: Table to May 13, 2013 MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 5. A request for the review of a variance from Section 12-713-15, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of additions in excess of the prescribed site coverage; and a request for the review of a major exterior alteration or modification, pursuant to Section 12-713-7, Exterior Alterations and Modifications, Vail Town Code, to the allow for the construction of additions, located at 225 Wall Street/ Lot B, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130008, PEC130009) Applicant: Wall Street Commercial, LLC, represented by Suman Architects Planner: Warren Campbell ACTION: Table to May 13, 2013 MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 6. Approval of April 8, 2013 minutes MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 7. Information Update 8. Adjournment MOTION: Kurz SECOND: Cartin VOTE: 4-0-0 Page 6 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published April 19, 2013 in the Vail Daily. Page 7 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 22, 2013 SUBJECT: A request for the review of amendments to a conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the redevelopment of the Vail Golf Course Clubhouse (i.e. accessory buildings, permanent and temporary, and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses), located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3 and Unplatted Parcels (a complete metes and bounds description is available at the Community Development Department Office), and setting forth details in regard thereto. (PEC120036) Applicant: Town of Vail Planner: George Ruther SUMMARY The applicant, Town of Vail, represented by Tom Braun of Braun & Associates, Inc, is requesting the Planning and Environmental Commission reviews an application for an amendment to an existing conditional use permit to facilitate the renovation of the Vail Golf Course clubhouse. This is a continuation of the Planning and Environmental Commission public hearing of this item from its October 22, 2012, November 12, 2012 and January 14, 2013 meetings. This conditional use permit application is associated with two other development applications previously reviewed, and recommended for approval, by the Planning and Environmental Commission to the Vail Town Council: 1. Zone district boundary amendment to rezone the golf course parking lot from the General Use (GU) District to the Outdoor Recreation (OR) District. 2. Prescribed regulation amendment to allow building heights for golf course clubhouses of up to 33 feet for sloping roofs of within the Outdoor Recreation (OR) District. Based upon review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission approves, with conditions, the amendments to a conditional use permit application to allow for renovations to the golf course clubhouse, subject to the findings noted in Section IX of this memorandum. Since the proposed amendments to the use of the golf course clubhouse are associated with the construction of physical improvements to the existing facility which specifically involve increasing the height of the building to 33 feet, this conditional use permit approval shall be contingent upon the applicant obtaining Town of Vail approval of the associated design review applications and associated prescribed regulations amendment to the allowable building height within the Outdoor Recreation District. II. DESCRIPTION OF THE REQUEST The applicant, the Town of Vail, in cooperation with the Vail Recreation District, is requesting the Planning and Environmental Commission reviews the amendment to an existing conditional use permit to facilitate the renovation of the Vail Golf Course clubhouse. The Vail Golf Course clubhouse is located at 1775 Sunburst Drive. As identified in the revised Vail Golf and Nordic Club House Addendum to CUP Application, dated March 29, 2013, (Attachment C), the Vail Golf Course clubhouse renovation includes the following elements: "Golf Pro Shop Nordic Center Administrative Offices Eating and Drinking Establishments (referred to below as Golfer Grille and deck) Banquet Facilities (referred to below as Banquet Room/Banquet Patio/Banquet Lawn) Lockers/Restrooms/Circulation/Storage Golf Cart Storage (referred to below as Cart Barn)" The proposed golf course clubhouse renovation involves numerous project elements including the following: • Dedicated banquet room with a capacity limited to 160 people, • Pre -convene space sufficient to support the banquet room, • The common areas, restrooms, elevator and stairs to be shared throughout the building, however there will be separate entrances for the banquet room and the recreation uses. • A grill/bar sized for +/--40 people plus outdoor/deck space, • A kitchen sized to serve the grill and a "warming kitchen" space for the banquet room, • Arrival to golf/ pro shop and Nordic space at the parking lot level, • Project design that provides for both winter and summer use to a finished quality expected for Vail guests, • The separation of uses and enhancement of circulation throughout site and within the building, 2 • Location of golf course finish area on the east side of the building in order to encourage golfers to exit through the grill/pro shop, • Clarification of circulation and entry on the front side of the building, • Maintain approximate existing building square footages while increasing the efficiency and functionality of the building, • Two-story tall (4 level) building, and • Reuse of as much of the existing building structure, which is critical to maintain the original project budget. Vail Golf and Nordic Club House Management and Operations Plan , dated April, 2013, [Attachment D] A revised Management and Operations Plan has been submitted under separate cover. Revisions to this Plan have been made in response to PEC comments at its November 12, 2012 and January 14, 2013 hearings. Changes made to this Plan include: • Clarification that in no cases shall temporary tents be permitted on the proposed practice/teaching green. • Refinements to the parking management element of the Plan including no overflow parking on Sunburst Lane. • An increase in available on site vehicle parking to 158 space through the implementation of a valet parking plan. • Refinements to the neighborhood relations program and neighborhood liaison. • A 20% reduction in occupancy of the banquet room (i.e., 200 to 160) Based upon the testimony from the Planning and Environmental Commission meeting on November 12, 2012, and again on January 14, 2013, there may be some confusion about what is a permitted use, conditional use, or accessory use in the Outdoor Recreation District. It needs to be understood that if the application were not allowable by the Vail Town Code, staff would not have allowed the application to advance forward in the Town's development review process. Again, for clarification purposes: • The applicant is requesting an amendment to the current conditional use permit for the existing golf course clubhouse. • A golf course is a permitted use within the Outdoor Recreation District (Section 12-813-2, Permitted Uses, Vail Town Code). • Accessory buildings, such as the Vail Golf Course clubhouse, are allowed in the Outdoor Recreation District subject to the issuance of a conditional use permit (Section 12-813-3, Conditional Uses, Vail Town Code). • The golf course clubhouse is an accessory use to the permitted Vail Golf Course. 3 As an accessory use, the golf course clubhouse is a conditional use in the Outdoor Recreation District (Section 12-813-3, Conditional Uses, Vail Town Code). • The activities occurring at the existing golf course clubhouse, and other similar uses, simply define a golf course clubhouse. • An attempt to dissect any land use into successively smaller components (an accessory to an accessory to an accessory, etc.) creates a spiral that distorts the original intent of the subject zoning legislation. III. BACKGROUND The Vail Golf Course was constructed under Eagle County jurisdiction in the 1960's. In 1972, the subject portions of the Vail Golf Course (clubhouse and parking lot sites) were annexed into the Town of Vail through Ordinance No. 5, Series of 1972. While it is not clear from the Town's archives, the golf course clubhouse site appears to have been subsequently zoned Agriculture District. In 1973, the Town of Vail approved a final plat for the Sunburst at Vail Subdivision which included the golf course parking lot property. On August 7, 1973, the Town of Vail adopted Ordinance No. 8, Series of 1973, which established comprehensive zoning regulations for the Town of Vail. In establishing comprehensive regulations, this ordinance created 12 new zone districts including the Agriculture and Open Space District. The golf course clubhouse site was subsequently rezoned to the Agriculture and Open Space District. This ordinance also established Special Development District No. 1 for the "Sunburst Development", which included the golf course parking lot property. On August 16, 1977, the Town of Vail adopted Ordinance No. 17, Series of 1977, which rezoned the golf course parking lot property from Special Development District No. 1 to the Public Use District. On September 14, 1977, the Town of Vail approved the Sunburst Filing 2 plat which established the golf course parking lot property as Lot 3. On December 20, 1977, the Town of Vail approved the final plat for Sunburst Filing 3, a re -subdivision of Sunburst Filing 2. In January of 1984, the Town of Vail purchased the Vail Golf Course property from the Pulis Ranch. On October 4, 1994, the Town of Vail adopted Ordinance No. 21, Series of 1994. In part, this ordinance repealed the Public Use District and reestablished it as the General Il Use District. This ordinance also established a new zone district named the Outdoor Recreation District. On November 7, 1995, the Vail Town Council adopted Ordinance No. 19, Series of 1995, which rezoned 67 properties to the Natural Area Preservation District, Outdoor Recreation District, or General Use District. Portions of the Vail Golf Course were rezoned from the Agriculture and Open Space District to the new Outdoor Recreation District. This ordinance also amended the Outdoor Recreation District to allow "golf course" as a permitted use. In 2000, the Vail Jr. Hockey Association, Vail Recreation District, and Town of Vail proposed constructing a seasonal ice rink on the driving range at the Vail Golf Course. To facilitate construction of the proposed seasonal ice rink, three development applications were submitted for review and approval: minor subdivision, rezoning, and a conditional use permit. On September 25, 2000, the Planning and Environmental Commission approved a final plat to subdivide the golf course clubhouse and driving range sites into a new Vail Golf Course Clubhouse Subdivision and a conditional use permit for the construction of a seasonal ice rink. The Commission forwarded a recommendation of approval to the Vail Town Council for the proposed rezoning of the clubhouse and driving range from Outdoor Recreation District to General Use District. On April 17, 2001, the Vail Town Council adopted Ordinance No. 9, Series of 2001, to rezone the Vail Golf Course Clubhouse Subdivision from Outdoor Recreation District to the General Use District. Several adjacent property owners, opposed to the seasonal ice rink, subsequently filed an appeal of the ice rink approvals. A court decision on the appeal nullified the rezoning of the golf course clubhouse and driving range due to procedural errors. The merits of the rezoning were not reviewed by the court. The Vail Golf Course Clubhouse Subdivision final plat was not executed and recorded within the one-year timeframe prescribed by the Planning and Environmental Commission and the Town's subdivision regulations, so the Commission's approval of the plat expired. Rather than pursuing the rezoning of the golf course clubhouse and driving range further, the Vail Jr. Hockey Associated, Vail Recreation District, and Town of Vail chose instead to propose amendments to the Outdoor Recreation District to allow seasonal ice rinks as a conditional use at the golf course driving range. On October 14, 2002, the Planning and Environmental Commission approved a conditional use permit for the seasonal ice rink contingent upon the Vail Town Council's approval of amendments of the Outdoor Recreation District. On November 5, 2002, the 5 Vail Town Council adopted Ordinance No. 29, Series of 2002, which allowed a "seasonal use or structure" as a conditional use in the Outdoor Recreation District. On November 8, 2011, the Town of Vail electorate approved ballot question #1 which stated "Without increasing taxes, shall the Town of Vail use the remainder of the one and one-half percent lodging tax revenues and one-half percent sales tax revenues collected from January 1, 2003 through December 31, 2005 to fund the following projects that will promote recreation, promote tourism and support the economy in the Town of Vail: Expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including multi -use community space,- Field pace, Field expansion and restroom renovation at the Ford Park Sports Complex, and Ford Amphitheater improvements, including outdoor seating and restroom improvements?" On April 16, 2012, the Town of Vail (golf course property owner), in cooperation with the Vail Recreation District (golf course leaseholder/operator), submitted a final plat application and a rezoning application intended to facilitate future renovations to the Vail Golf Course clubhouse in response to the 2011 election. On May 14, 2012, the Planning and Environmental Commission approved a final plat creating the Vail Golf Course Clubhouse Parcel and forwarded a recommendation of approval to the Vail Town Council for the rezoning of the golf course clubhouse site from Outdoor Recreation District to General Use District. Based upon subsequent public input, the applicant has withdrawn those applications. Prior to submitting new development applications for renovating the Vail Golf Course clubhouse, the Vail Town Council and the Vail Recreation District held multiple public hearings and community open houses to obtain additional public input on a variety of golf course related issues and proposals, including: a re -zoning process for the site, proposed parameters for use of temporary tents on the clubhouse site, possible uses for the existing 18th green following realignment of the hole, parking lot access, netting for the driving range, clubhouse remodel design, including site layout, landscaping, circulation, floor plans and elevations, etc. On September 24, 2012, the Town of Vail, in cooperation with the Vail Recreation District, submitted the subject zone district boundary amendment (rezoning), prescribed regulation amendments, and conditional use permit amendment applications to facilitate renovations to the Vail Golf Course clubhouse. On October 11, 2012, the Town of Vail and the Vail Recreation District were notified of a complaint filed by adjacent property owners in Eagle County District Court alleging the golf course renovation project violates an existing covenant on the golf course property, among other claims. At this time, the complaint does not prevent the Planning and Environmental Commission's review of the three submitted development applications. On October 22, 2012, the Planning and Environmental Commission held a public hearing to discuss the three submitted applications: (zone district boundary amendment to rezone the golf course parking lot from the General Use District to the Outdoor Recreation District; prescribed regulation amendment to allow building heights golf course clubhouses of up to 33 feet for sloping roofs within the Outdoor Recreation (OR) District; and the conditional use permit amendments to allow for the renovation of the Vail Golf Course Clubhouse). The applicant introduced the golf course clubhouse renovation project, public testimony was heard, the Commission asked questions of the applicant, and the public hearing was continued to a future meeting. At its November 7, 2012, public hearing the Design Review Board held a conceptual review of the proposed clubhouse renovation. The applicant introduced the golf course clubhouse project; public testimony was heard; the Board asked questions of the applicant. The following is a summary of the conceptual comments from the Design Review Board: • The Board was generally complimentary of the building design direction and the proposed landscaping plan. • The clubhouse should have traditional, mountain architecture detailing; rather than contemporary, mountain architecture detailing. • There needs to be are consistent architectural theme among all the golf course buildings. • The proposed primary roof ridge should be "broken up" with a ridgeline step, dormer, architectural projection, or some other method. • The north elevation of the clubhouse should be more decorative. • Exterior signage should be considered at this time and not at the end of the project design development. • The vehicle entrance should be visually enhanced to reduce confusion about which driveway should be used to enter the site. • Electric power should be incorporated into the landscape plan to facilitate the lighting of a "holiday tree" or trees. On November 12, 2012, the Planning and Environmental Commission reopened the public hearing of the three submitted golf course clubhouse renovation applications (zone district boundary amendment to rezone the golf course parking lot from the General Use District to the Outdoor Recreation District; prescribed regulation amendment to allow building heights of up to 33 feet for sloping roofs within the Outdoor Recreation (OR) District; and the conditional use permit amendments to allow for the redevelopment of the Vail Golf Course Clubhouse). The applicant answered questions from the Planning and Environmental Commission's previous meeting; described 7 revisions to the golf course clubhouse renovation project; public testimony was heard; and the Commission asked questions of the applicant. The Planning and Environmental Commission then forwarded the Vail Town Council a recommendation of approval for the zone district boundary amendment application and the prescribed regulations amendment application by votes of 5-0-2 (Pierce and Hopkins recused). The Planning and Environmental Commission continued the public hearing of the proposed conditional use permit amendment application to a future meeting. IV. ROLES OF THE REVIEWING BODIES Planning and Environmental Commission: The Planning and Environmental Commission is responsible for final approval, approval with modifications, or denial of a conditional use permit application, in accordance with the provisions of Chapter 12-16, Conditional Use Permits, Vail Town Code. Design Review Board: The Design Review Board has no review authority over a conditional use permit amendment application. However, the Design Review Board is responsible for the final approval, approval with modifications, or denial of any accompanying design review application. Town Council: The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board under certain conditions. V. APPLICABLE REGULATIONS VAIL LAND USE PLAN CHAPTER II: LAND USE PLAN GOALS / POLICIES (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. M The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth/ Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.12 Vail should accommodate most of the additional growth in existing developed areas (in fill areas). 2. Skier/ Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.4 The community should improve summer recreational options to improve year- round tourism. 2.5 The community should promote non -skier recreational options to improve year-round tourism. 6. Community Services 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. CHAPTER VI: PROPOSED LAND USE (IN PART) P — Parks.- Included arks: Included in this category are town owned parcels intended for both active recreation activities such as athletic fields, golf courses and playgrounds, as well as areas for various passive recreation activities. 9 TITLE 12: ZONING REGULATIONS Chapter 12-1: Title, Purpose, Applicability (in part) 12-1-2: Purpose.- A. urpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes.- 1. urposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. 10 Chapter 12-2: Definitions (in part) LOT OR SITE: A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this title and meeting the minimum requirements of this title. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. Article 12-813: Outdoor Recreation District Section 12-8B-1: Purpose The outdoor recreation district is intended to preserve undeveloped or open space lands from intensive development while permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses. 12-8B-2: Permitted Uses The following uses shall be permitted in the OR district: Bicycle and pedestrian paths. Golf courses. Interpretive nature walks. Nature preserves. Passive outdoor recreation areas and open spaces. 12-8B-3: Conditional Uses The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses. Cemeteries. Communications antennas and appurtenant equipment. Equestrian trails, used only to access national forest system lands. Public parks and active public outdoor recreation areas and uses, excluding buildings. 11 Public utility and public service uses. Seasonal use or structure. Ski lifts, tows and runs. Well water treatment facilities 12-88-4: Accessory Uses The following accessory uses shall be permitted in the OR district.- Accessory istrict: Accessory uses in the OR district are subject to conditional use permit review in accordance with the provisions of chapter 16 of this title. 12-88-5: Lot Area and Site Dimensions.- Not imensions:Not applicable in the OR district. 12-88-6: Setbacks.- In etbacks:In the OR district, the minimum setback shall be twenty feet (20) from all property lines, except as may be further restricted by the planning and environmental commission in conjunction with the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. 12-88-7: Height.- For eight:For a flat roof or mansard roof, the height of buildings shall not exceed twenty one feet (21). For a sloping roof, the height of buildings shall not exceed twenty four feet (24). 12-88-8: Density: Not applicable in the OR district. 12-88-9: Site Coverage.- Site overage:Site coverage shall not exceed five percent (5%) of the total site area. 12-88-10: Landscaping And Site Development.- Landscape evelopment:Landscape requirements shall be determined by the design review board in accordance with chapter 11 of this title. 12-88-11: Parking.- Off arking:Off street parking shall be provided in accordance with chapter 10 of this title. 12-88-12: Additional Development Standards: Additional regulations pertaining to site development standards and the development of land in the outdoor recreation district are found in chapter 14 of this title. 12 VI. CHAPTER 12-16: CONDITIONAL USES PERMITS (in part) Section 12-16-1: Purpose, Limitations: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. SITE ANALYSIS Vail Golf Course Parking Lot Address: 1775 Sunburst Drive Legal Description: Lot 3, Sunburst Filing 3 Zoning: Outdoor Recreation District Land Use Designation: Park Mapped Geological Hazards: High Severity Rockfall Lot Area: 1.01 acres (+/- 43,995 sq. ft.) Vail Golf Course Clubhouse Address: 1775 Sunburst Drive Legal Description: Unplatted Zoning: Outdoor Recreation District Land Use Designation: Park Mapped Geological Hazards: High Severity Rockfall Lot Area: 90.75 acres (+/- 3,995,070 sq.ft.) Standard Allowed/Required Lot/Site Area: n/a Setbacks: Front: 20 ft. or per PEC West Side: 20 ft. or per PEC East Side: 20 ft. or per PEC Rear: 20 ft. or per PEC 13 Proposed 91.76 ac (3,997,065 sq.ft.) >20 ft. >20 ft. >20 ft. >20 ft. Height: 30 ft. flat / 33 ft. sloped 33 ft. sloped Height, Architectural Projection Density & GRFA: Site Coverage: Landscaping: Parking: 41.25 ft.* n/a 199,853 sq.ft. (5%) 40 ft. n/a 23,510 sq.ft. (0.6%) per Design Review Board n/a 122 spaces 158 spaces *Pursuant to Section 14-10-4-F, Vail Town Code, architectural projections may extend above the height limit by a distance of up to 25% of the height limit (33'+25%=41.25'). VII. SURROUNDING LAND USES AND ZONING Existing Use North: 1-70 South: Residential West: Residential East: Residential VIII. REVIEW CRITERIA Zoning District n/a Single Family District and SDD #24 Low Density Multiple Family District Two -Family Primary/Secondary District Before acting on an amendment to an existing conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. The proposed amendment to an existing conditional use permit is intended to facilitate renovations to the Vail Golf Course clubhouse in response to the 2011 election in which the Vail electorate re -allocated conference center funds specifically for the "expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including multi -use community space"which Staff finds consistent with the development objectives of the Town. The proposed conditional use permit amendment maintains the historic uses of the Vail Golf Course clubhouse and surrounding grounds for a golf pro shop, administrative offices, locker rooms, restrooms, golf cart storage, eating and drinking establishments, meeting rooms, banquet facilities, etc. The proposed conditional use permit amendments facilitate the updating and upgrading of the aged, existing clubhouse to improve the recreational and cultural opportunities for Vail citizens and guest in keeping with the Town of Vail's stated vision and mission: 14 "Our Vision - To be the Premier International Mountain Resort Community. Our Mission - We will provide the citizens of Vail and our guests superior services, outstanding environmental stewardship and an abundance of recreational, cultural and educational opportunities." The Vail Golf Course is designated as Park by the Vail Land Use Plan. The proposed amendment to an existing conditional use permit for the golf course clubhouse continues the use of the Vail Golf Course property for active and passive outdoor recreation activities, such as playing golf and Nordic sports, consistent with the purpose of the Park land use designation: "P — Parks.- Included arks:Included in this category are town owned parcels intended for both active recreation activities such as athletic fields, golf courses and playgrounds, as well as areas for various passive recreation activities." The proposed amendment to the existing conditional use permit for the golf course clubhouse is consistent with the goals of the Vail Land Use Plan as outlined in Section V of this memorandum. By renovating the existing clubhouse building, rather than constructing additional buildings at the Vail Golf Course, Vail will • continue to grow in a controlled environment and orderly manner, • maintain a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident, and • additional growth is accommodated within existing developed areas. The proposed renovations to the clubhouse will facilitate an upgrade the quality of development at the Vail Golf Course. Constructing a "world-class" clubhouse promotes Vail's role as a destination resort and improves the summer recreational options to improve year-round tourism. A renovated golf course clubhouse will also further Vail's goal of providing non -skier recreational options to improve year-round tourism. The proposed conditional use permit amendment also expands the community's recreational services to keep pace with increased growth and the needs of peak periods. Staff finds other goals of the Vail Land Use Plan as outlined in Section V of this memorandum to not be applicable to this amendment to an existing conditional use permit application. Based upon the proposed architectural plans, proposed management and operations plans, proposed parking management plan, etc. Staff finds that the proposed amendment to the existing conditional use permit furthers the general and specific purposes of the Town's adopted Zoning Regulations as prescribed by Title 12, Zoning, Vail Town Code: 15 "12-1-2: Purpose.- A. urpose:A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes.- 1. urposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community." The proposed amendment to the conditional use permit for the golf course clubhouse continues to preserve undeveloped and open spaces lands while providing opportunities for passive and active outdoor recreation activities such as playing golf and Nordic sports. The proposed amendment to an existing conditional use permit therefore advances the purposes of the Outdoor Recreation District as prescribed by Article 12-813, Vail Town Code: 16 "Section 12-8B-1: Purpose The outdoor recreation district is intended to preserve undeveloped or open space lands from intensive development while permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses." There is only one golf course in Vail. The applicant is proposing a management and operations plan, along with a valet parking program, to assure compatibility and harmonious development between the proposed amendment to the conditional use and with the surrounding properties and the Town as a whole, while also achieving the development objective of the community. Therefore, Staff finds the proposed amendments to a conditional use permit to be consistent with the purposes of Chapter 12-16, Conditional Use Permit, Vail Town Code. "Section 12-16-1: Purpose, Limitations: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied." Based upon these factors, Staff finds the proposed amendments to an existing conditional use permit to be consistent with this review criterion. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Based upon the scope of the applicant's proposal, Staff finds that the proposed conditional use permit will have no significant negative impacts on the light and air, distribution of population, transportation facilities, utilities, schools, or other public facilities needs in comparison to existing conditions. Staff finds that the proposed amendments to the conditional use permit will have positive impacts on the community's park and recreation facilities. The proposed amendment will facilitate the construction of updates and improvements to an existing, 17 aged golf course clubhouse. As further identified in the applicant's request, the proposed renovation of the clubhouse includes: • "Dedicated Banquet Room with a capacity for 160 people, • Pre -convene space sufficient to support the Banquet Room, • The common areas, restrooms, elevator and stairs to be shared throughout the building, however there will be separate entrances for the Banquet Room and the recreation uses. • A grill/bar sized for +/--40 people plus outdoor/deck space, • A kitchen sized to serve the grill and a separate "warming kitchen" space for the Banquet Room, • Arrival to Golf/ pro shop and Nordic space at the parking lot level, • Project design that provides for both winter and summer use to a finished quality expected for Vail guests, • The separation of uses and enhancement of circulation throughout site and within the building, • Location of golf course finish area on the east side of the building in order to encourage golfers to exit through the grill/pro shop, • Clarification of circulation and entry on the front side of the building, • Maintain approximate existing building square footages while increasing the efficiency and functionality of the building, • Two-story tall (4 level) building, and • Reuse of as much of the existing building structure, which is critical to maintain the original project budget. " As part of this conditional use permit amendment proposal, the applicant is proposing a management and operations plans (Vail Golf and Nordic Club House Management and Operations Plan, Attachment F). Staff finds that the proposed management and operations plans further minimizes the negative impacts of this proposal on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff also finds that the proposed management and operations plan minimizes impacts of this proposal on neighboring property owners consistent with the development objectives of the Town of Vail and in accordance with the Zoning Regulations of the Town of Vail. For instance, the applicant is proposing to place additional limitations on the approval of the conditional use permit than is normally required by the adopted regulations. Examples of this include the prohibition against the placement of a temporary tent(s) on the proposed practice and teaching green and the restriction against noise amplification of any kind after 8:00 pm. The proposed management and operations plan addresses the following items: • Golfer grill and patio • Banquet room, banquet patio, and banquet lawn • Tents • Golf cart access and flow • Parking and parking management 18 • Lighting • Noise and amplified sound • Hours of operation • Use of the old 18th green • Neighbor notification and liaison • Approval process and amendments to the plan There are a number of amendments staff recommends Staff finds the proposed amendments to the conditional use permit, along with the restrictions imposed by the management and operations plan, are consistent with this review criterion. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. The proposed amendment to a conditional use permit includes modifications to the golf course traffic patterns and upgrades to the configuration and design of the parking lot. These modifications will better accommodate and delineate vehicular arrival and access, patron drop-off, bus maneuvering, trash pickup, delivery access, and emergency vehicle staging than the existing conditions. Snow removal will be accommodated in accordance with the applicant's proposed management and operations plan. Staff is recommending that changes be made to the proposed language, however, requiring snow removal from the entirety of the parking lot within 72 hours of accumulating snow piles on the parking lot surface causing the loss in use of 10 or more parking spaces. The existing bus stop along Sunburst Drive will be maintained. The existing driveway curb -cuts will also be maintained, rather than being relocated to the south. By maintaining the existing curb -cut locations any possible conflicts between vehicular traffic and pedestrian/bicycle traffic along Sunburst Drive are avoided. The parking requirements for a golf course are not specified in the parking schedules of Section 12-10-10, Parking Schedules, Vail Town Code. Instead, it is the applicant's obligation to demonstrate to the satisfaction of the Commission that the proposed parking plan meets the intent of the Chapter 12-10, Vail Town Code and the parking needs of the proposed development. Therefore, the parking requirement shall be determined by the Planning and Environmental Commission (12-10-10, Vail Town Code). The Town of Vail has development policies that require parking for land uses to be provided on-site and off-site, but not within the public streets. The applicant is proposing parking for the golf course on-site and off-site through a parking management plan which includes a valet parking program. The applicant has proposed to increase the number of parking spaces on site to 125 striped spaces with an ability to park 158 vehicles through a valet program. According to the adopted regulation of the Town, up to 50% of the required parking can be in a valet parking program. The applicant's 19 proposal for parking is in compliance with the Vail Town Code. The applicant is proposing to prohibit parking for the Vail Golf Course on the adjacent Sunburst Drive. A traffic impact assessment prepared by Felsburg Holt & Ullevig, dated December 21, 2012, examines the traffic impacts associated with the proposed renovation of the golf course clubhouse and the proposed changes in use associated with this conditional use permit amendment application. This report examines both the existing traffic conditions and the "expansion trip generation" associated with the applicant's request. This traffic impact assessment concludes that: 'Based on the available data and the assessment presented here regarding trip making, there is no indication that Sunburst Drive or Vail Valley Drive East would be overwhelmed by the net 2974 square -foot increase remodeling. The roadways appear to be functioning well below their comfortable capacity, and even a peak banquet room function associated with the expansion would generate only 200 trips per day, less than two percent of the road's carrying capacity." The proposed management and operations plan addresses both parking lot snow storage/removal and parking management to improve the functionality of the golf course parking lot compared to existing conditions. The proposed management and operations plan includes the following parking management elements: • Scheduling • Employee parking • Parking lot management • Parking lot permits • On-site valet parking • Off-site valet parking • Shuttles A parking assessment and management plan prepared by Felsburg Holt & Ullevig dated December 21, 2012, further examines the parking impacts associated with the proposed renovation of the golf course clubhouse and the proposed changes in use associated with this conditional use permit amendment application. This report examines the existing parking conditions and the parking needs associated with the applicant's request. This report further defines a parking management plan to accommodate the parking demands of the various functions of the golf course clubhouse. This parking management plan includes 125 vehicle parking spaces at the golf course surface parking lot and implementing active management techniques such as on-site valet parking, off-site valet parking, and shuttles. The parking assessment and management plan concludes that: 'Based on the available data and the analysis presented herein, larger (160 person) and additional banquet room functions can be accommodated as part of the remodeling provided that: 20 Banquet room functions are appropriately scheduled relative to their size. Active management strategies are implemented commensurate with the anticipated attendance level. The operations of the lot be monitored and assessed on a regular basis to refine the management process and develop best practices at managing the clubhouse parking." The Community Development Department is recommending the Planning and Environmental Commission establishes a total parking requirement of 158 parking spaces. This parking requirement is based on the "worst case" scenario for a peak golf day whereby 142 persons participate in a tournament with a shotgun start and 15 employees also parking on site. This scenario, while unlikely, assumes each participant and each employee arrives in a single occupant vehicle. Based upon all these factors, Staff finds that the proposed amendment to a conditional use permit will improve traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas consistent with this review criterion. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The proposed amendments to the conditional use permit will facilitate the remodel of the existing aged and worn Vail Golf Course clubhouse and grounds. The proposed physical improvements to this property will maintain and enhance the character of the area. The character of the area is maintained and enhanced by this proposed use as the intended use (i.e., golf course and golf course club house) are allowed uses in the zone district and consistent with the Vail Land Use Plan. Further, the uses have been historically maintained on the site without resulting in any negative impacts on the character of the Sunburst Drive neighborhood. In instances where issues have risen in the past, parking on the Sunburst Drive for instance, the applicant has responded positively to the issue and provided more parking on site and prohibited the parking on the public street. In many regards, the request to amend the existing CUP to allow for the renovation to the golf course club house enhances the character of the area. The very act of renovating the golf course club house ensures its continued success and presence within the neighbor. A shared goal of the community and the adjacent property owners. As a renovation utilizing an existing building foundation, the location and general bulk and mass of the clubhouse is similar to existing conditions. The renovated clubhouse will be a 21,841 sq.ft. building located on an approximately 92 acre site. The golf course clubhouse is a significantly less dense development than the neighboring single- family, two-family, and multi -family residential zoned properties. The proposed 33 foot 21 height limit of a golf course clubhouse are the same 33 foot height limitations allowed for the neighboring Two -Family Primary/Secondary Residential District, lower than the 38 foot heights allowed for the neighboring Low Density Multiple -Family District, and only 3 feet higher than the 30 foot height limit of the one adjacent Single -Family District zoned lot. The proposed golf course clubhouse exceeds the minimum 20 foot setbacks prescribed the Outdoor Recreation District. The clubhouse combined with the other nearby golf course buildings constitutes only 0.6% site coverage which is well below the 5% allowed within the Outdoor Recreation District. Based upon these facts, Staff finds the proposed amendment to a conditional use permit is consistent with the scale, bulk and character of the surrounding uses. To further ensure a positive effect upon the character the area, the applicant is proposing a management and operations plan addresses the following items: • Golfer grill and patio • Banquet room, banquet patio, and banquet lawn • Tents • Golf cart access and flow • Parking and parking management • Lighting • Noise and amplified sound • Hours of operation • Use of the old 18th green • Parking lot snow storage • Neighbor relations • Enforcement • Approval process and amendments to the plan The applicant is also constructing parking lot improvements and implementing a parking management plan, including prohibiting parking along Sunburst Drive, to meet the parking needs of the renovated golf course clubhouse. Staff finds that the elements of the proposed management and operations plan and the parking management plan will minimize any negative effects upon the neighboring property owners and the character of surrounding area consistent with this criterion. IX. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission approves, with conditions, these amendments to a conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the redevelopment of the Vail Golf Course Clubhouse (i.e. accessory buildings, permanent and temporary, and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses), located at 1775 Sunburst Drive/Lot 3, Sunburst 22 Filing 3 and Unplatted Parcels (a complete metes and bounds description is available at the Community Development Department Office), and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this conditional use permit amendment request, the Community Development Department recommends the Commission passes the following motion: "The Planning and Environmental Commission approves this request for amendments to a conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the redevelopment of the Vail Golf Course Clubhouse (i.e. accessory buildings, permanent and temporary, and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses), located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3 and Unplatted Parcels (a complete metes and bounds description is available at the Community Development Department Office), and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this conditional use permit amendment request, the Community Development Department recommends the Commission imposes the following conditions: "1. This conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review applications (PRJ 12-0156). 2. This conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval of the associated prescribed regulations amendment to the allowable building height within the Outdoor Recreation District for a golf course club house (Ordinance No. 21, Series of 2012). 3. This conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval of the associated zone district boundary amendment which allows for the Vail Golf Course parking lot to be zoned Outdoor Recreation District (Ordinance No. 22, Series of 2012). 4. The applicant shall cause the Vail Golf and Nordic Club House Management and Operations Plan, dated April, 2013, to be amended to include the revisions recommended by the Community Development Department and the form of the document shall be revised to ensure it's effectiveness as a legal instrument and guarantee it's enforceability, to be used in the administration of the conditional use permit approval (PEC120036), prior to the issuance of a building permit for any improvements associated with the golf course club house renovation. 23 5. The Town of Vail, as owner of the property, through the execution of a lease agreement, shall cause the subject golf course clubhouse use to be managed and operated in accordance with the Vail Golf and Nordic Club House Management and Operations Plan, prepared by the Town of Vail and the Vail Recreation District, dated April, 2013, as amended and approved by the Planning and Environmental Commission on April 22, 2013. Failure by the Town of Vail to operate the subject golf course clubhouse in accordance with the approved management and operations plans and the parking management plan shall be considered a violation of the Vail Town Code (Section 1-4-1, General Penalty, Vail Town Code, and Section 12-3-9, Compliance, Violations, Penalties). 6. At the conclusion of the first year of operation of the Club House, the Vail Planning and Environmental Commission shall conduct a public hearing to review the effectiveness of this Plan. The operator's neighborhood liaison will inform neighbors included on the neighborhood email contact list of this meeting. Any future amendments to this conditional use permit approval shall be reviewed in accordance with the procedures prescribed by the Vail Town Code (Chapter 12-16, Conditional Use Permit, Vail Town Code)." Should the Planning and Environmental Commission choose to approve this conditional use permit amendment request, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Sections VIII of the Staff memorandum to the Planning and Environmental Commission dated April 22, 2013, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The amended conditional use permit is in accordance with the purposes of the Zoning Regulations and the Outdoor Recreation District, 2. The proposed conditional use permit and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity, and, 3. The proposed conditional use permit complies with the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code." 24 Purpose and Intent of Document The Vail Golf and Nordic Club House Management and Operations Plan (the Plan) was prepared by the Vail Recreation District (VRD) and the Town of Vail to address the management and operation of the remodeled Vail Golf Course Club House and Nordic Center. The Plan is an element of the Conditional Use Permit (CUP) application that has been submitted to the Town, the purpose of which is to facilitate the remodeling of the Club House. Upon approval of the CUP the commitments and obligations outlined in the Plan shall be binding on the operator of the Club House. For the last 40 years the Vail Golf Club and Nordic Center has successfully operated from the Club House and in doing so has hosted numerous races, tournaments and other special events. When not used for golf and nordic events the Club House has also hosted many social events and public functions. All of these activities have occurred without a formal plan for management and operation of the Club House. It is the intention of this Plan to provide the community with a clear understanding of how the Club House will be operated and to outline specific measures intended to minimize the impacts of the Club House on the immediate neighborhood. Adherence to this plan further ensures the compatibility of the Club House use with the existing surrounding and potential uses in the area. Vail Golf and Nordic Club House Management and Operations Plan Page 1 Vail Golf Course Club House I Course ruin¢ The Club House includes the following functions, each of which is consistent with the definition of "Golf Course Club House", as defined in Chapter 12-2 of the Vail Town Code: Golf Pro Shop Nordic Center Administrative Offices Eating and Drinking Establishments (referred to below as Golfer Grille and deck) Banquet Facilities (referred to below as Banquet Room/Banquet Patio/Banquet Lawn) Lockers/Restrooms/Circulation/Storage Golf Cart Storage (referred to below as Cart Barn) The total gross floor area of the building is approximately 21,841 SF. Vail Golf and Nordic Club House Management and Operations Plan Page 2 The project site plan and main level floor plan are found on the following pages. These plans are provided as a point of reference as they identify specific uses and/or features of the Club House that are referenced in this Management and Operations Plan. Vail Golf and Nordic Club House Management and Operations Plan Page 3 'DZEHRENA „M'—'2,'Nc- I VAIL GOLF AND NORDIC m I CLUBHOUSE REMODEL ro w�.w� �•°w^m � VAN, Vail Golf and Nordic Club House Management and Operations Plan Page 4 Vail Golf and Nordic Club House Management and Operations Plan Page 5 Management and Operations Plan This section outlines how various elements of the Club House will be managed and operated. A. Golfer Grille and Patio The Golfer Grille will be located on the second level and north side of the Club House. The Grille will have an enclosed seating area for approximately 40 persons and outdoor seating for approximately another 25 persons. This space is primarily intended to serve the golfer, however depending on demand the Golfer Grille may also operate in non -golf seasons to complement such uses as the Nordic Center. B. Banquet Room, Banquet Patio and Banquet Lawn The Banquet Room will be used by golf and nordic operations and will also be made available to the public for both private functions and for community -oriented activities. Examples of how the room may be used include, but are not limited to banquets, parties, receptions, weddings, lectures, fund-raisers, business meetings and other similar functions. The Banquet Patio and Banquet Lawn provide outdoor spaces that can be used in conjunction with the Banquet Room. \A�Tori used by the p bliG Afr-r GGGGI IM Rity fi ir„-f� The maximum number of attendees for functions in the Banquet Room, inclusive of the Banquet Patio and Banquet Lawn is 160 persons. C. Tents The temporary placement of tents within the CUP Area (Exhibit) shall not be permitted unless specifically approved via the Town of Vail Special Events permit process or the CUP process. In no cases shall a tent be permitted on or proximate to the proposed practice and teaching green. (Define restricted area) D. Golf Cart Access and Flow The golf cart access and flow is being positioned to the north side of the Club House so that golfers and patrons of the Banquet Room are not in conflict. Cart pick up will occur at the northwest side of the buildiRg Club House. Golf cart drop off will occur on the northeast side of the Club House. The intent is to provide a seamless experience for the golfer. GPd fel: r,fh users -,f fho (-`I� b I --A, ico Vail Golf and Nordic Club House Management and Operations Plan Page 6 E. Parking and Parking Management The Town of Vail Planning and Environmental Commission has established a parking requirement for the Club House (inclusive of the golf course and nordic operations), to be 158 spaces. 125 striped parking spaces (six of which are located in the "drive through lane") are provided and an additional 33 spaces are provided with the implementation of valet parking (see below). The valet parking plan is in conformance with applicable provisions of section 14-5-2 of the Town of Vail Zoning Regulations. A Parking Management Plan shall be implemented as necessary in order to adequately provide for the parking demands of the Club House. The underlying goal of the Parking Management Plan is to ensure that the parking needs associated with the Club House, are provided within the golf course parking lot in a manner that does not result in parking on Sunburst Drive. Toward this end the VRD will manage the use of the Club House, to ensure that parking does not occur on Sunburst Drive. It is anticipated that the implementation of parking management will only be necessary on limited occasions in order to accommodate special golf functions (tournaments, special events, etc.) Gpd or to accommodate Vail Golf and Nordic Club House Management and Operations Plan Page 7 functions in the Banquet Room. The V -RQ. operator shall determine the specific parking management measures to be implemented based on the type of function, the time of year, the time of day and the number of participants. In addition, when scheduling functions at the Banquet Room the NZRF-) operator will consider other scheduled golf or nordic events to ensure +hGt R,G „r o„on+�Ap !-hed 169d G„nG rreRflr the parking needs do not exceed the parking capacity. Collectively, the parking management measures to be implemented will constitute the Parking Management Plan for that event. Elements of the Parking Management Plan may include one or more of the following: Employee Parking - 15 parking spaces can be made available for use by golf, nordic or Banquet room users by requiring employees to park off-site (at the Town of Vail Public Works shops). On -Site Valet parking - Parking lot capacity can be increased from 125 to the req row 158 spaces with the implementation of valet parking. Off-site Valet parking - Approximately 50 off-site valet spaces can be utilized at the Town of Vail Public Works facility. Shuttles - Utilizing shuttle vans or buses to transport patrons from local hotels and/or from the Vail Transportation Center or the Lionshead Transportation Center or other locations. The parking of cars along Sunburst Drive is prohibited and will be enforced by the Vail Police Department in a manner consistent with how on -street parking restrictions are enforced on other Town of Vail streets. Vail Golf and Nordic Club House Management and Operations Plan Page 8 No overnight parking will be allowed within the parking lot except for Town or VRD vehicles as may be required from time to time. The parking lot shall not be used for golf cart storage. F. Lighting Exterior lighting shall conform to all applicable Town ordinances. Unless necessary for safety or security reasons or as required by building or other codes, all exterior lights will be turned off within ^.AQ he it After the r, r,f G f. ir,v+i„r, At the RV,R(q'_1(_Q + R,,,,m Gr one-half hour after the time the Club House closes. G. Noise and Amplified Sound All uses and all activities within the Club House, including the Banquet Room, Banquet Patio and Banquet Lawn, shall conform to the Town of Vail Noise Ordinance. /� rnhior+ rni icir� Amplified sound is permitted on the Banquet Patio and the deck of the Golfer Grille. Amplification of sound on the Banquet Patio4G+ and Banquet Lawn is permitted in accordance with the following parameters: 1) amplification for a person speaking to a group or officiating a wedding, ceremony or similar activity, 2) amplification for live music performed during a wedding, ceremony or similar activity, and 3) no amplification of any kind shall occur after 8:00 p.m. The Banquet Room will be air conditioned (or mechanically cooled) so that the windows can be closed to minimize noise from within. All windows of the Banquet Room shall be closed at any time amplified music occurs after 8:00 p.m. It shall be the obligation of the operator to inform All users of the Club House will be ipfr_rmed +hrv+ the Club House is located on a municipal public golf course and wi adjacent to a residential neighborhood. All rental agreements shall require Banquet Room users to agree to respect the quiet enjoyment of the neighboring properties and to be held to the provisions of this management and operations plan. Appropriate penalties will be put in place by the V -144D. operator to ensure greups renters understand the conditions under which they are permitted to g use the Club House. Vail Golf and Nordic Club House Management and Operations Plan Page 9 H. Hours of Operation Hours of operation for the Club House shall correspond to the normal hours of use for the Golf Course and Nordic Center. The Banquet Room shall be from 8:00 am to 12:00 am.; provided, however, that exceptions to these hours may be made for helii-Gys (i.e. New Year's Eve' GRd GIheP SpeGiGl Ir, ci .-h G-Asec fho or�Jivr of o�i��crh�rvlFcvifir�rvll�i ir�rJir�rvfo fho�i i�f fhe(QP(QAi In no cases shall use of the Banquet Patio or Banquet Lawn be permitted past 10:00 pm. Vail Golf and Nordic Club House Management and Operations Plan Page 10 I. Use of Old 18th Green The "old" 18th green shall be used as a practice and teaching green for putting, chipping, and other golf -related instruction. No other uses shall be permitted in this area. (Define Area) I Parking Lot Snow Storage Snow storage for the Club House parking lot will be located at the south end of the parking lot and areas just outside the parking lot (see diagram on following page). The snow storage area is equivalent to approximately 10% of the total parking lot area. AS ddeep ed Ae-oCC�r„ � fho TG\A/A Gf \/!-ail Del r�orif ref PI Ihli - WGrks During the course of the winter snow temporarily stored in the parking lot will be removed and trucked to a remote location in order to meet maintain the parking ddT requirement of the Club House. Snow shall be removed from the parking lot whenever the area of stored snow is equal to or greater than the area of ten (10) parking spaces. Snow Storage Diagram K. Neighbor Relations The \'°�iri operator shall post a calendar of events on its website in order to keep the neighborhood informed of activities at the Club House, mull IdiR!'Y I ICD Gf the R! -,R91 I0f Rppr)g Notice of events shall include a Vail Golf and Nordic Club House Management and Operations Plan Page 1 1 description of the event (including whether alcohol will be served), areas of the Club House to be used, the anticipated number of participants, the hours of the event, and the Parking Management Plan (if applicable). The N��ri operator shall designate a staff member who will serve as a neighborhood liaison in order to provide a single point of contact for neighbors who have questions or concerns about the management and operation of the Club House. The neighborhood liaison will host a minimum of one neighborhood meeting each year and will be available to meet with neighborhood residents on an as needed basis throughout the year to answer questions and obtain input regarding the use of the Club House and this Management and Operations Plan. The neighborhood liaison will work directly with an appointed neighborhood representative if and when one is designated by the neighborhood. The VBwill operator shall manage a "neighborhood email contact list" to be used to inform neighbors of any upcoming public meetings regarding the Club House and this Management and Operations Plan. The contact list will include neighbors who notify the V -R -B operator of their desire to be included on the contact list. L. Enforcement The bion ^ r"i i^r the '�' �p C ,rv,r,.tiRY WG*iRg the FeR �I operator shall have appropriate staff o"'n-�Isiitteduring functions in the BGR91,jet Reem Club House to monitor compliance with the Management and Operations Plan. The names and phone numbers of VIRD GRd/P-r ^r~+oriAg StGff 4"011 operator be provided to neighbors via the neighborhood email contact list. Penalties for non-compliance will be clearly provided for in all rental agreements and will include revoking a compliance deposit for violating any provision of the rental agreement or this Management and Operations Plan. Vail Golf and Nordic Club House Management and Operations Plan Page 12 Vail Golf and Nordic Club House Management and Operations Plan Page 13 �- I AV" jr �- I Vail Golf and Nordic Club House Addendum to CUP Application March 29, 2013 The purpose of this report is to summarize revisions proposed to Conditional Use Permit (CUP) application for the renovation of the Vail Golf and Nordic Club House. The following new or revised material has been provided: • Revised Vail Golf and Nordic Club House Management and Operations Plan (provided under separate cover) • Revised Parking Plan • Conceptual Plan for Sunburst Drive Bike Lane Signage • Comprehensive Plan set (provided under separate cover) • Update to how the proposed project is in conformance with CUP review criteria This report provides a summary of revisions that are proposed to the project, a discussion of issues previously raised by the Planning and Environmental Commission (PEC) and the public and how proposed revisions respond to these issues, evaluation of CUP review criteria and a brief summary statement on the project. Summary of Maior Changes to CUP Submittal The following changes have been made to the project since the PEC's last hearing. These revisions have been made in response to Planning Commission comments from previous meetings and to comments from neighborhood residents. 1. The capacity of the Banquet Room has been decreased from 200 to 160, 2. Operation of the Club House will adhere to a prohibition on parking on Sunburst Drive, 3. Parking plan and a valet parking program will be implemented, resulting in 46 additional parking spaces from what exists today, 4. A conceptual plan for Sunburst Drive Bike Signage has been provided, 5. Additional provisions have been added to the neighborhood relations program, and 6. A provision for a "first year" review of the Club House by the PEC has been added to the Operations Plan. Addendum to CUP Application Vail Golf and Nordic Club House Page 1 Previously Raised Issues/Concerns and Proposed Response During previous review of this project the PEC has raised a number of questions and discussed a variety of issues related to the design and operation of the proposed Club House. The following is a summary of the PEC's major points of discussion and how revisions proposed to the project respond to them. Scale of Club House Question/Concern - The overall scale of the uses associated with the Club House, specifically in relationship to the immediate surrounding properties and to ensure compatibility between all land uses in the neighborhood. Response A number of refinements to proposed plans have been made in direct response to questions and comments regarding the scale of the Club House, how it will be run and neighborhood compatibility. Foremost among these are: • Reduction in maximum Banquet Room capacity from 200 to 160 patrons • Preparation of a comprehensive management and operations plan that is binding on the operators of the Club House. • Restrictions on outdoor use, hours of operation and noise that are more restrictive than any current controls or Town regulations. • Addition of berms and landscaping. • Implementation of a parking solution that is in conformance with applicable provisions of the Town Code and does not involve the development of a new/expanded parking lot. • Installation of bike lane signage along Sunburst Drive. Parking Question/Concern - Town parking standards do not include a parking requirement for a "Club House" and no definitive requirement for the facility has been established; concern with how the parking demands of the Club House can be accommodated; and concern with parking impacts on Sunburst Drive. Response Town planning staff has proposed a Club House parking requirement of 158. This parking requirement is based on conservative assumptions for a peak golf day - a 142 -person "shotgun" start with every golfer arriving in his/her own car and 15 employees parking on site. This equates to a requirement of 157 cars and reflects the amount of parking the Planning Staff will recommend the PEC establish as the parking requirement for the Club House. Addendum to CUP Application Vail Golf and Nordic Club House Page 2 The proposed design of the parking lot includes 125 striped spaces and 158 cars will be accommodated with the implementation of a valet parking. This parking proposal is in conformance with town standards pertaining to valet parking (i.e. no more than 50% valet spaces, dimensional requirements of valet spaces, etc.) and is consistent with many other developments that have utilized valet parking to satisfy parking requirements. The valet parking plan for the Club House is below. 79 - Valet Spaces Spaces 158 - Total Spaces J ::ii �...........� r w �'o i■mom i0ii 0 _q■■r■■r rr■a■rruuaaar■ = L �■r�■■■■t�. rrrrrrrr■ .m ■■■■■arra■rr ■ � /! its nanumart ioI rsIr►-■r■ri--� mill 111 JILi. L INS ` ia� �■�■S iii ♦���' �. 112 parking spaces serve the existing Club House. The refined parking lot will include 125 striped spaces and with implementation of valet parking the lot will accommodate 158 spaces, or an increase of 46 spaces from what currently exists (refer to letter from VIP Valet Parking Solutions). By moving employee parking to the Town Public Works lot (on peak days) an additional 15 spaces can be made available for patrons of the Club House. This means an increase of 61 spaces from what currently exists. Two related changes to the Club House that directly relate to parking are the reduction in capacity of the Banquet Room and the prohibition of parking on Sunburst Drive. The reduction in capacity of the Banquet Room from 200 to 160 Addendum to CUP Application Vail Golf and Nordic Club House Page 3 patrons directly reduces the parking demands of the facility while the new "standard" of no parking on Sunburst establishes a parameter that will directly influence scheduling decisions on the use of the Club House and will also eliminate a potential impact on the neighborhood. Sunburst Drive Question/Concern - the impact of overflow parking on the Sunburst Drive bike lanes and ensuring that the renovated Club House will not exacerbate this situation. Response For many years the Club House has relied on overflow parking on Sunburst Drive in order to park peak golf days or events such as large golf tournaments. In 2012 overflow parking on Sunburst occurred on five days, all of which were related to golf course operations. Even if it only occurs on a handful of days each year, it is recognized that on - street parking interferes with the bike lane on Sunburst Drive. In response to this a new standard of no parking on Sunburst Drive is proposed. With this new standard the Club House will no longer rely or plan on parking overflowing onto Sunburst Drive - be it for golf, nordic or other functions. Three factors will give the Club House the ability to conform to this standard - an increase from 112 to 125 striped parking spaces, re -locating employee parking on peak days (creating 15 spaces that will be available for patrons), and implementing a valet parking to increase the capacity of the parking lot to 158 spaces. A +/- 4.5' wide striped bike lanes is located on both sides of Sunburst Drive from the Club House west to the intersection with Vail Valley Drive. While the bike lane is striped, currently there are no bike -oriented signs along this road. A conceptual sign plan has been prepared in order to improve the safety of the bike lanes along Sunburst Drive. This plan is conceptual in nature but does reflect the commitment by Public Works to install bike lane signs. Final determination of the specific signs to be installed will be determined by Public Works and signs will be installed in 2013. Addendum to CUP Application Vail Golf and Nordic Club House Page 4 Conceptual bike lane signage plan Sunburst Drive both sides of roadway How to Respond "on the fly" Managing activities at the Club House will involve complying with many operational parameters (i.e. hours of operation, noise limitations). How does the Club House respond "on the fly" if problems occur while a function is taking place at the Club House? Response A number of parameters have been incorporated into the Operations Plan to ensure compliance with the Management and Operations Plan and to provide measures to respond to situations as they occur. • Users of the Banquet Room will be informed of all aspects of the Management and Operations Plan, • A Compliance Deposit will be required from users of the Banquet Room, • The names and phone numbers of on-site staff from the VRD and/or caterers will be made available to the neighborhood. CUP Review Criteria Criteria to be used in evaluation of a proposed CUP are as follows: Addendum to CUP Application Vail Golf and Nordic Club House Page 5 Describe the precise nature of the proposed use and measures proposed to make the use compatible with other properties in the vicinity. Response The proposed CUP is for a "Golf Course Club House" and the purpose of the Club House is to provide a facility to support the Vail Golf Course and the Vail Nordic Center. This proposal is an amendment to an existing CUP for the Club House. The uses proposed by this amendment are the some as the uses that have taken place at the Club House for many years. Foremost among these are golf related uses (pro shop, restaurant, locker rooms, golf tournaments and special events), nordic ski related uses (shop, races and special events) and a variety of community or private functions (weddings, sleigh ride dinners, banquets, etc.) that have been hosted at the Club House restaurant for many decades. A notable change to existing conditions is a new room (referred to as the Banquet Room) to be used exclusively by the golf course and nordic center for special events and when available will also be used for weddings, banquets and community functions. These uses were previously held in the Club House restaurant which had a capacity of 120 people. The new Banquet Room will have a capacity of 160 people. Other than liquor license regulations or town -wide ordinances (i.e. noise ordinance), there are currently no parameters or regulations pertaining to the operation of the Club House. To ensure compatibility with properties in the immediate vicinity, the Vail Golf and Nordic Center Management and Operations Plan has been prepared. This Plan is provided under separate cover and provides the community with a clear understanding of how the Club House will be operated by establishing a number of specific measures intended to minimize the impacts of the Club House on the immediate neighborhood. In addition to the Management and Operations Plan, numerous refinements to the proposed CUP have been made, in large part to address questions and concerns of the immediate neighborhood and in doing so ensure the proposed use is compatible with other properties in the vicinity. These include: • Modified the original proposal to rezone the Club House site to Outdoor Recreation (original proposal was to rezone the Club House area to General Use); • Eliminated the idea of a new parking lot where the 18th green is currently located; • Prohibited the use of temporary tents proximate to the Clubhouse; Addendum to CUP Application Vail Golf and Nordic Club House Page 6 • Enhanced the landscaping around the Clubhouse (berm, additional trees, etc.); • Established limitations (more restrictive than applicable town codes) on noise, outdoor amplification of sound and use of outdoor spaces; • Committed to provide additional bike lane signage along Sunburst Drive; • Changed the location of the entrance to the parking lot; • Preserved the existing 18th green as a future practice green; • Reduced the capacity of functions at the Club House from 200 to 160 patrons; • Implemented a prohibition on overflow parking along Sunburst Drive; and • Committed to a valet parking program that will provide for 158 parking spaces, an increase of 46 spaces to what currently exists; 2. The relationship and impact of the use on development objectives of the Town. Response In 2011 the Vail Town Council took steps 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. The primary purpose of the project is to renovate the existing Club House in order to provide greatly enhanced guest services for golfers, nordic skiers and the broader community. Doing so be directly in keeping with the Town's development objectives. 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. Response The project will greatly enhance golf and nordic skiing operations by providing a totally renovated building with upgraded facilities for the community and guests. Improvements to the existing parking lot will improve operational aspects of the Town's bus system that services the Golf Course neighborhood. Addendum to CUP Application Vail Golf and Nordic Club House Page 7 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. Response A Traffic Impact Assessment of the Club House project has been completed by Felsburg Holt and Ullevig. The summary of the findings of this assessment are that: "Based on the available data and the assessment presented here regarding trip making, there is no indication that Sunburst Drive or Vail Valley Drive East would be overwhelmed by the 2960 -square foot banquet expansion. The roadways appear to be functioning well below their comfortable capacity, and even a peak event associated with the expansion would generate only 200 trips per day, less than two percent of the road's carrying capacity." This report was completed prior to the capacity of the Banquet Room being reduced from 200 to 160 people. As such the potential trip generation from the Club House on local roads is less than what is projected by this assessment. Striped bicycle lanes currently exist along both side of Sunburst Drive from its intersection with Vail Valley Drive to just beyond the Club House. For many years the Club House has relied on overflow parking on Sunburst Drive in order to park peak golf days or events such as large golf tournaments. In 2012 overflow parking on Sunburst occurred on five days. It is recognized that even though it only occurs occasionally, on -street parking on Sunburst Drive interferes with the bike lane. In response to the new standard established for the Club House is that on -street parking on Sunburst Drive will no longer occur. The factors will give the Club House the ability to conform to this standard - an increase from 112 to 125 striped parking spaces, re -locating employee parking on peak days (creating 15 spaces that will be available for patrons), and implementing a valet parking to increase the capacity of the parking lot to 158 spaces. A +/- 4.5' wide striped bike lanes is located on both sides of Sunburst Drive from the Club House west to the intersection with Vail Valley Drive. Currently there are no bike -oriented signs along this road. A conceptual Addendum to CUP Application Vail Golf and Nordic Club House Page 8 sign plan has been prepared in order to improve the safety of the bike lanes along Sunburst Drive. This plan has been submitted under separate cover. Snow storage is addressed in the Management and Operations Plan. Snow storage will continue to occur at the south end of the parking lot. This will allow the extensive perimeter parking lot landscaping to remain. As needed, the Public Works Department will remove snow from the lot in order to ensure adequate parking is provided during the winter months. 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. Response The maximum building height (33' subject to final approval by Town Council of proposed zoning code amendments) of the Club House is equivalent to the maximum building height permitted by zoning for most of the surrounding residential properties. The existing Club House has been in its current location for approximately forty years. Proposed renovations increase the size of the Club House by only 15%. The physical scale of the improved Club House proposed is in keeping with the scale of buildings in the surrounding area. The scale of the proposed use is addressed in review criteria #1 above. Project Summary The existing Club House is a very dated facility that no longer meets the needs of the golf course or nordic center and the primary purpose of this project is to renovate the facility in order to provide improve guest services for the golf and nordic skiing community. While the redevelopment involves an addition of only +/- 2,974 square feet of new floor area (increase to SF of only 15%), the renovation includes the redesign and reorganization of key uses, new entries and circulation, a new banquet room, a renovated restaurant "grill' space and a total face-lift to the interior and exterior of the building. The current banquet venue increases in size by only +/- 273 SF. The banquet room will provide accessory space for the two primary users of the building (i.e. golf and nordic). By way of example, golf use of the banquet room will include hosting the weekly Men's Club, golf tournaments, and demo days. Nordic use Addendum to CUP Application Vail Golf and Nordic Club House Page 9 of the banquet room will include race days, ski swaps and demo days. The renovation will also allow for continuous use of the Clubhouse restaurant (independently of the banquet room) and provide an important amenity for the golf course. When not being used and when not conflicting with golf and nordic operations the banquet room will be available for community events, weddings, receptions and other community functions, all of which are functions currently hosted in the restaurant. During the course of discussions over the past year many refinements have been made to the project. These refinements have in large part been made in response to neighbor comments. The following is a summary of refinements that have been made to this proposal: • Modified the original proposal to rezone the Club House site to Outdoor Recreation (original proposal was to rezone the Club House area to General Use); • Eliminated the idea of a new parking lot where the 18th green is currently located; • Prohibited the use of temporary tents proximate to the Clubhouse; • Enhanced the landscaping around the Clubhouse (berm, additional trees, etc.); • Established limitations (more restrictive than applicable town codes) on noise; outdoor amplification of sound and use of outdoor spaces; • Committed to provide additional bike lane signage along Sunburst Drive; • Changed the location of the entrance to the parking lot; • Preserved the existing 18th green as a future practice green; • Reduced the capacity of functions at the Club House from 200 to 160 patrons; • Implemented a prohibition on overflow parking along Sunburst Drive; • Committed to a valet parking program that will provide for 158 parking spaces, an increase of 46 spaces to what currently exists; and • Prepared a comprehensive Operations and Management Plan to provide the community with a clear understanding of how the Club House will be operated and to outline specific measures intended to minimize the impacts of the Club House on the immediate neighborhood. Upon the completion of this project Vail will have a newly renovated facility to serve the needs of golf, nordic skiing and the broader community in much the some manner the existing Club House has been used for the past forty years. 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I— 1 11 � 1 I �– 4 3NOHd awvn 3NOHd 3WYN r�^!�rs^w^z�arroro+v93�� co OOVNOIOJ'IIVA 3NONay 1340W3d 3snOHaniD ^^386 3LILJ3LEO11V3dtlJ5ONVl EOf@^B"WNM'�J�a^^^0 51N)IENI"-'31VI: d-3Nf11J3L DIMION CINV JIOJ llv/` 3 All '7NI'S31VI�OSSVONV NV N 3 21 H 3 Z� �¢<•�_y 3MOIM 3WYN 3BidY V3M CI C1 OQ"010311VA 1 oo,M„—Ml3aOW323Sf0H8f11:) �3N ' o � �- JIONON (INV POD 11VA p�Ii : '-S31VlDoSSV'ClNv N 3 N H 3 Z o- o- a - IEV 3NOIM 3WYN 3NdY 3WVN "'4 •mt�•*YP�q�C e9 t(Ot®lyarr J 3NOHd 3Y1 3NOIId OQPV%0-100'1]VA C IRIOMS 3snOHgnl:) � y0� f � � = L N >fll wl .Iw^Him wev wus oifdivoq.gm'�v-5tslme'o'd � fi W4 E06 a1R "F�Y9 i+a+]�wesri 60 fid 0 JIONON (INV 3lOJ 11VA a Illi;ism Q� 'DNI 'S3IVIJOSSV" ONV�" N 321 H 3 Z _ w FIE l° 9 .�o C7-1 0 Cl _ 3: From: Warren Campbell To: Warren Campbell Subject: Clubhouse remodel Date: Thursday, April 18, 2013 1:17:01 PM From: Stephen Collins [mailto:stcvailC@yahoo.com] Sent: Sunday, January 20, 2013 9:13 AM To: CommDev Subject: Clubhouse remodel I am writing this to remind all of you that we voted for the clubhouse to be remodeled, not for the 18th hole to be destroyed. If you people choose to ruin the 18th hole, we, the people of Vail, will do everything possible to see that you lose your jobs!! I think you all should be gone right now anyway!! Stephen Collins From: Warren Campbell To: Warren Campbell Subject: Vail Golf Course Clubhouse Renovation Date: Thursday, April 18, 2013 1:16:34 PM From: Alyne Kaplan [mailto:awk3569@)amail.com] Sent: Monday, January 14, 2013 10:46 AM To: CommDev Subject: Vail Golf Course Clubhouse Renovation Please see letter below which I submitted a few months ago. I want to reiterate my concerns. Thank you alyne Kaplan I am the owner of Unit 55 at the Vail Golf Course Townhomes. My husband and I have owned this home in Vail for over 16 years and prior to that owned a condominium in Lionshead. Our property manager has been continually presenting information from all sides on this issue (information from Vail Recreation District, the Town, neighboring owners) and I wanted to take the time to express my opinions regarding the ongoing project plans at the Vail Golf Course area. First, I am thrilled that a long overdue face-lift and improvements are being implemented for the clubhouse and outbuildings for the course. Everyone seems to agree that this is very much needed so we are thankful for these efforts. I am also grateful that the Town and the Vail Recreation District has changed its plans from trying to rezone to general use, this is a great relief. Thank you for listening to these important concerns from the neighboring owners. I disagree with the notion that this venue and location is similar to having a community venue like Donovan Pavilion and Eagle -Vail Pavilion. Both Donovan and Eagle -Vail have open space around them and had no structures or facilties located on the property when the neighboring homeowners bought their homes in the vicinity of these venues. Additionally, there is a much more substantial barrier between these venues and nearby owners compared to our situation at the Vail Golf Course where things are quite dense in comparison. For example, Donovan Pavilion has huge areas of grass lawns, parks etcetera and on the areas that are closest to adjacent private residences, Gore Creek runs between homes and the venue along with mature trees. In Eagle -Vail the nearest properties are Homestake Peak School (formerly Battle Mountain High School), the community golf course, pool and tennis courts. No one lives even close to that venue in comparison. Conversely, at the Vail Golf Course clubhouse area we are very close together in this area and the land that you are working with is substantially smaller. I for one do not feel it was reasonable for people that purchased here to anticipate that such a change was a likelihood. I don't know all the specifics or if the position of the Sunburst owners is 100% accurate but it is my understanding that there was good reason to feel protected by the deed restrictions in place on the parcel in question. It also doesn't make good sense to me to add a venue to this area given the limited land for appropriate facilities for parking. It is too close to neighboring residences that will likely be adversely impacted. Even now there are several times per year that we as neighbors in the area ignore illegal parking along the road for people that are at the clubhouse or the golf course when it is beyond its parking capacity. I am told that you are planning to have approximately 150 events per year at this new venue in addition to what already takes place. The single entry road is a slow moving (15 mile an hour zone that is already a challenge due to the fact that it is shared with the bike path. During the summer there are numerous bikers, including many small children riding to the connecting bike path through the golf course. Bringing more traffic to the situation seems undesirable on several levels. I just don't see how this can turn out well. I believe many if not most of the owners that bought property in this area did so (and at a substantial premium) for the proximity to the Vail core while at the same time having a true "neighborhood" that is quite and out of the "hustle and bustle" of the main Vail area. It feels a bit like the reasons for our purchase are being jerked out from under us now. I cannot help but wonder if this will negatively impact our property values over time. Yes we want a newer facility to replace the dated facility but we had no idea that the price for that would be to change the character of the neighborhood at the same time. I also wonder if this event venue is taken out of the equation if this lawsuit from the Sunburst owners would also go away because any changes to the 18th hole (that as an avid golfer of the course I feel will diminish its appeal) then become less necessary such that cheaper and less impacting alternatives could be explored to protect from arrant balls. I ask you to consider if you would pursue this position given the neighbors concerns if many of these neighbors were entitled to vote in the elections process locally? Maybe we as owners in this area other than the Sunburst owners have not done an adequate job of letting you know how disturbing this is to the other neighbors as well and that if we better expressed ourselves without relying upon our property manager then you would understand how important this is to the neighbors and not just the Sunburst owners. Maybe it is wrong to feel as thought we are being treated like a second class citizens as second homeowners but I must admit these continued plans have left me with pangs of feeling that this is what I never understood that I am "just a second homeowner." I have always felt like a part of this community in all these years of owning in Vail and I want to keep those good feelings. I am hopeful if we express ourselves more and you understand how so many of us feel that this can get back on track and avoid the nightmare of drawn out litigation which will not only undermine pocketbooks for everyone including the Town but also undermine the community spirit in the process. Thank you very much for taking the time to listen to my concerns I realize that it is not possible to make everyone happy and I do realize that you have changed things based upon expressed concerns, but I do feel that the plan in its current form still seems to be negative for a great deal of people and not just a few. I anxiously await the study on expected revenues from these changes in the report that I have been told is forthcoming from the VRD and the Town. I have a hard time believing that the revenue is going to be impressive enough to put everyone through this. I feel strongly that many other neighbors agree with my position such that I am asking our property manager if she will cc the other homeowners in the Vail Golf Course Townhomes on this email to give them an opportunity to see if they wish to add their position either in support of your plans or against them as I certainly don't want to speak for everyone. I encourage them to "reply to all" with their opinions on the project and if they support it then they deserve to be heard as well. If those owners wish to send their opinions without everyone else seeing them then they can certainly send it directly themselves. Please other owners, make your opinions known on something that is the biggest effect on our neighborhood in the entire time that I have owned. Although Mafia has done a great job at trying to convey how we feel the Town the balance that she must strike makes it impossible for her to fully express what only we can do individually. Sincerely, Alyne Kaplan �U v IE George S. Lamb D LSC 3130A Booth Falls Court JAN 2 3 2013 Vail, CO 81657 q. 1(S TO: Vail PEC Board of Directors FROM: George Lamb RE: Proposed Vail Golf Course Expansion "Materially Injurious" In June I wrote a letter to the TOV Council regarding my on-going disappointment over the second home owners lack of representation and even, ill treatment over the years. My comments came with some experience having been on "your" side of the table as a past member of the PEC and Chairman of the DRB and as a Vail resident for over 40 years. My letter was precipitated by the now on-going controversy over the Vail golf clubhouse expansion. The vote to authorize the use of conference center funds versus returning them seemed quite benign. Similarly, the June TOV application to the PEC to change the zoning around the golf clubhouse also seemed non -controversial. However, and likely unknown at the time by the PEC, and certainly unknown to the surrounding neighbors, much in- depth study had already been given to the expansion of both the clubhouse and parking. When the golfing community and the neighbors became aware of these dramatic changes, they voiced their negative reaction from both a golfer's view of a compromised golf course to the neighbor's concern of a materially compromised residential environment. The TOV has undertaken a very calculated campaign of hosting various public meetings in an effort to appear to placate both groups. Although the golfers may not be totally satisfied with the current situation, their concerns have been tempered. The neighbors on the other hand have been told "if you don't like it, move...", and consequently they have been forced to hire expensive legal representation... the project has been delayed, yet the TOV is seemingly forging ahead. So here we are today... Isn't it terrific having attorneys sitting in the audience or advising you behind the scene? I was most impressed with your January PEC meeting during which some very germane questions were raised. Some of you felt it necessary to recuse yourselves, which I respect; however I view the overriding issue is more one of neighborhood compatibility versus a client conflict. The primary question the TOV is now asking you to consider is whether the golf course expansion project, as proposed, would be "materially injurious" to the neighborhood. As an active Vail real estate broker for over three decades, my answer would be a resounding — YES. To actually quantify the specific economic/dollar negative impact to properties along Sunburst Drive and the Golf Course town homes in particular is somewhat subjective, and as I recall the PEC and DRB are charged not to necessarily consider the economics. However the resulting negative consequences of the current proposed project would most certainly be material both in perception and from an environmental, visual and congestion prospective. Unlike the Donovan Pavilion, which reportedly the golf clubhouse expansion is attempting to emulate, or even exceed in scope and functionality, the golf course is surrounded by a vibrant residential neighborhood. The proposed expansion would be forcing further non -compatible commercial activities into an already overly congested area. Another major concern of this proposed expansion is parking and the management of any viable plan to mitigate increased traffic. The TOV had apparently acquiesced to the concept of not converting the current 18th green into additional parking. A parking management plan typically appears quite feasible on paper, however; I can point out a number of such proposals which have been implemented such as valet and off-site busing which became impractical, ignored, and unenforceable and were pre -ordained to failure and abuse. In summary, the TOV should abide what their constituents thought they were approving relative to the conference funds by improving the existing golf club house versus compromising the golf experience and compatible functions as set forth with the Pulis covenants. This is not the venue to question the economic viability of creating a new conference/wedding pavilion which would be in direct competition of other private existing and new facilities throughout Vail. Rather the TOV should set an example by being very transparent in their application and overly sensitive to any negative impacts to an existing residential neighborhood, whether such application is materially injurious or not. Respectfully submitted, HOLLAND&HART,. A W Via E-mail to Kendra Carberry, Esq. January 23, 2013 Planning and Environmental Commission of the Town of Vail 75 South Frontage Road West Vail, CO 81657 Re: Vail Golf Course and Event Center/Golf Clubhouse Proposal Members of the Commission: Christopher H. Toll, P.C. Phone 303-290-1637 Fax 303-975-5300 CToll@hollandhart.com In connection with the Town of Vail's application for a conditional use permit ("CUP"), we represent (or speak on behalf of) the owners of ten properties on Sunburst Drive, adjacent to the Vail Golf Course. At the January 14, 2013, PEC meeting, several of you expressed many of the same concerns with the current proposal that the Sunburst Drive community has. This letter will comment on the particular concerns you expressed during that meeting and reemphasizes that many other significant issues still exist. 1. No Viable Solution Exists for the Parking Problems the Town's Application Raises. As was evidenced at the January 14, 2013 PEC meeting, no practical parking plan can accommodate the Town's events center. The Town is trying to overdevelop a site that simply does not have the capacity to handle the Town's plans. As a representative of the Town made clear at the January 14 PEC meeting, even now, when weddings and other events occur only 15 times a year, parking and traffic congestion are still problems when the slightest unforeseen wrinkle occurs. The Town is now attempting to raise the number of events to somewhere between 65 and 1001 at the same time it is trying to increase the size of those events. It is irrational to think it can do so and avoid the traffic and parking problems it is already experiencing. The Town has proffered a number of parking plans, none of which has been viable. The latest, which the Town claims is feasible, only works by ignoring key realities and assuming 1 In its initial estimates, the Town indicated that the events center would likely host close to 100 events per year. After resistance from the community, it revised that number to 65, but the initial estimates were likely more realistic. The Town is hoping to build a premier wedding venue, and that space will attract users. Holland & Hart LLP Attorneys at Law Phone (303)290-1600 Fax (303)290-1606 www.hollandhart.com 6380 S. Fiddlers Green Circle Suite 500 Greenwood Village, CO 80111 Aspen Billings Boise Boulder Carson City Cheyenne Colorado Springs Denver Denver Tedi Center Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C. HOLLAND&HART. Planning and Environmental ` " t LAW OUT WEST �" Commission of the Town of Vail January 23, 2013 Page 2 perfect conditions, and even then it requires elaborate efforts, such as on-site valet parking, off- site valet parking, and shuttling. But because the Town's plan will stretch the property beyond its capacity, the reality is that any variable will throw the Town's parking plans into chaos. The slightest unexpected event will cause traffic, parking, and safety concerns all along Sunburst Drive. A neighborhood meeting, a group of cyclists looking to use Sunburst Drive, more golfers than expected, families hoping to park near the golf course for an evening stroll along Sunburst—arty one would create a malaise of traffic, safety, and congestion concerns. The Town is asking the PEC to approve its application on the assumption that no other variable will ever occur. It is not a realistic assumption. In sum, the neighborhood was not designed to host what the Town wants. Even if the size of the parking lot were not an issue, the increased traffic would still cause the same safety, congestion, and noise concerns because the Town is trying to fit a commercial enterprise into the heart of a serene residential neighborhood. It simply does not fit. 2. Parking Is Not the Only Issue We reiterate that parking is not the only problem with the Town's plan. The Town's intended uses raise a number of issues, including safety concerns for pedestrians and cyclists along Sunburst Drive, the potential that fire and emergency personnel will not be able to access Sunburst Drive during large events, the Town's inability to enforce crowd control methods, lack of on-site law enforcement, and the Town's discretion to put up tents on the 18th fairway. Our letter of November 20, 2012, explains each of these problems in more detail, and we refer you to it. The bottom line is that the Town is trying to increase the use of a property that simply does not have the capacity. The events center is the wrong project for this parcel of land. Even today, when only 15 events per year occur, members of the Sunburst Neighborhood occasionally must call the police to deal with attendees. When the number of events increases by 6 or 7 fold, and the events themselves swell in size, the problems will mount proportionately. 3. The Town's Plan Violates the Town Code Vail Municipal Code § 12-16-6.13 provides that "before granting a conditional use permit," the "planning and environmental commission shall" find "that the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity." This language prevents approval of the Town's application for two reasons. First, the proposed location of the use will be detrimental to the public health, safety, or welfare. Members of the Vail community and visitors to the valley routinely use Sunburst Drive HOLLAND&HART. Planning and Environmental ` " t LAW OUT WEST �" Commission of the Town of Vail January 23, 2013 Page 3 for activities such as family walks, family bike rides, cycling, and other outings. If the golf course clubhouse becomes an events center with valet parking, shuttles, and numerous attendees trying to find their own parking along Sunburst Drive, many of those using Sunburst Drive will be put in danger. The road does not have the capacity to handle the increase in traffic the Town proposes. This is especially true when, during the summer months, the events center will likely be in use multiple nights every week. Second, the Town's plan most definitely will be materially injurious to the properties in the vicinity of the events center. Mike Nash, an appraiser with over 20 years of experience in Colorado and Eagle County, has stated that the Town's plan, if approved, would "negatively impact values of existing homes on Sunburst Drive, thereby causing material injury to those homes." Mike Nash Opinion, attached as Exhibit A, at ¶ 10. That economic injury alone is reason enough for the PEC to deny the Town's application, but there is also the injury the neighbors will suffer in the use and enjoyment of their property. On most summer nights, instead of the tranquility they enjoy now, those immediately adjacent to the clubhouse will face loud music, the din of mingling and partying guests, and the annoyance of attendees wandering onto their properties (something that already occurs with the smaller and fewer events the clubhouse currently hosts). Those throughout the neighborhood—including residents of the townhomes—will find their current use and enjoyment destroyed by the guttural sounds of shuttles passing in the afternoon and late at night, clogged roads, slower response times by first responders, and the noise that will inevitably arise as attendees (many of whom will have been drinking) shuffle back to their cars or shuttles as late as 2 A.M. The Sunburst Neighborhood was not built for this kind of operation. Those who developed it meant it to be a quiet, residential community lining a golf course, with narrow roads and almost no shoulders. See Jay Pulis Affidavit, attached as Exhibit B. Because they designed it that way, there is no way the Town can create a commercial enterprise in the heart of it without risking safety and public health and without materially injuring properties in the vicinity. 4. The Town's Plan Violates the Zoning Regulations Section 12-813-3 of the Municipal Code permits as "accessory uses" in the Outdoor Recreation zone district, "[a]ccessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses." Under this provision, to qualify as an "accessory building" or "accessory use," the structure or use must be (1) customarily incidental and accessory to permitted or conditional outdoor recreational uses, and (2) necessary for the operation thereof. What the Town is proposing is neither customary nor incidental. First, at the last PEC meeting, several commissioners suggested that many golf course clubhouses have banquet halls. This is not true. Most golf course clubhouses, like the current clubhouse, have golfers' grills HOLLAND&HART. Planning and Environmental ` " t LAW OUT WEST �" Commission of the Town of Vail January 23, 2013 Page 4 one dining area for those using the course to eat and relax before or after their round. Almost no clubhouses have a golfers' grill, as well as a separate banquet hall complete with a bridal room, banquet patio, and banquet garden area. That design is unique to the Town's proposal and thus violates § 12-813-3. There currently is no banquet room at the clubhouse. Rather, there is an eating space that serves as a golfers' grill and, on rare occasions (just 15 times per year), acts as a dining space for other events. Second, the proposed banquet facilities, including all the outdoor space, are not incidental to the permitted use of a golf course. Because commercial business, wedding, and other parties will often book the events center years in advance, the Town's plans will necessarily crowd the golfers out of their own clubhouse. No doubt groups will schedule non -golfing events at the clubhouse a year or even two years in advance. When the golfers decide to schedule a tournament or other event, they will find they cannot because it will already be booked. As a result, the "accessory" use of the events center will become the primary use, and the golfers will need to find another venue for their golfing events. This is especially troublesome when the amount of revenue generated by the golf course dwarfs that predicted to stem from the wedding venue. Likewise, the proposed event center is not "necessary for the operation" of approved uses such as golfing and Nordic activities. If the event center has no relationship to the permitted or conditional outdoor recreational uses, then it certainly cannot be necessary for their operation. While a golfers' grill is arguably necessary for the operation of a golf clubhouse, two dining areas are not. If the Town were to keep the golfers' grill and remove the banquet space from its plans, the golfing and Nordic uses of the clubhouse would continue unimpeded. The banquet space is therefore unnecessary for the operation of the golfing and Nordic activities. Accordingly, the PEC should reject the Town's application. In sum, the proposed event center fails to satisfy either of the two tests for a conditional use as an accessory building for use in the Outdoor Recreation zone district. 5. Conclusion For the foregoing reasons, the PEC should reject the Town's application for a conditional use permit for an event center and subordinate clubhouse at the Vail Golf Course. At its January 14, 2013 meeting, the PEC acknowledged a number of concerns with the Town's proposal. The Town has failed to address those concerns, mostly because it cannot. They are inherent in the Town's event center proposal. As long as the Town insists on turning a golf course clubhouse in a residential neighborhood into a large event center, the PEC should deny its application for a conditional use permit. HOLLAND&HART H L LAW O U i VVEST Respectfully, Christopher H. Toll Steven T. Collis Enclosures: Exhibit A — Opinion of Mike Nash Exhibit B — Affidavit of Jay Pulis 5969903_3 Planning and Environmental �TM Commission of the Town of Vail January 23, 2013 Page 5 DISTRICT COI,JRT FOR EAGLE COUNTY P.O. Box 597 Cagle , CO 81631 Plaintif'f's: SAM1 EL H. MASLA . et al A COURT USE ONLY A Defendants: TOWN OF VAIL, ct a.1 Case Number; 2012-cv-921 Aitorneys for Plaintiff:.S: Division.3 Courtroom Christopher H. Toll, #15388 Steven T. Collis, -940940 Holland & flart LLC' 6380 South fiddlers Green Circle, Suite 500 Greenwood Village, CO 801 1 1 Telephone: (303) 290-1600 ctolla,hollandhart.com stcotl)s@hollandhart.com John W. Dunn, #1.421 Mountain Law (group, LLC Community .Bank Center 4206 70 Bencliznark Road P.O. Box 7717 Avon, CO 81620 Telephone: (970) 748-64-28 du txiountainlaw ou .cam OPINION OF MICHAEL R. NA .H. Michael R. Nash states as follows: 1. My name is Michael R. Nash. i am a real estate appraiser and consultant. Carol L. Simon is a real estate appraiser and consultant employed by any firm, Nasli-Johnson Associates, inc. Michael R. Nashand Carol L. Simon ofNash-Johnson Associates, ]no,, have provided real estate appraisal and consulting services in Colorado including Eagle County for over twenty years. 2. On September 24, 2012 the Town of Vail, in cooperation with the Vail Recreational District, submitted three applications for the Planning and Environmental Commission's review to :fa.cilitate the renovation. of the Vail Golf Course clubhouse. 3. The applications submitted bythe Town of Vail requested a.) a zone district boundary amendment 1:0 rezone the golf course parking lot from a General Use (GU) District to tl7c Outdoor Recreational (Oil) District; b) a prescribed regulation amendment to allow building Heights of up to 33 feet for sloping roofs within the Oul:door Recreational (OR) District, and c) a condiflonal use permit amendments to allow for the redevelopment of the Vail Golf Course CILTb House (VGCCR). 4. We interviewed several Realtors active in the Town of Vail's real estate market during December of 2012 and the following is concluded. 5. in .lune of 2006 Veile development obtained approvals for the expansion of Lion Square North Condominiums located at 660 West Lionshead Place, Town of Vail, Colorado. Based on the planned expansion Lion Square North Condominiums would add a -floor and, in turn, obstruct a portion ofthe ski slope views enjoyed by homeowners within Mont:a.neros, a condominium development directly north of i,.ion Square North Condominiums. Following the .June 2006 approval for redevelopment at the Lion squa.reNorth Condominium five condominiurnswilhin Montancros were listed through Vail Board of Realtors multiple listing service, The marketing of active listings in Montaneros was impacted by said expansion of the Lion SquareNorth Condominium, Borne units being impacted more than others. 6. Subsequent to redevelopment projects in Vail from 2005 through 2010 prospective buyers of property are cognizant ofadjacent property with potential for redevelopment and often inquire as to the status of the adjacent property: prospective buyers in the Landmark Vail Condominium development have expressed concern regardingthe possible redevelopment of the Concert. Hall Plaza Condominiums, an outdated condominium building built in 1978 that: sii:s adjacent to Landmark Vail Condominiums between Landmark Vaal and the Vail ski slopes. 7. Adjacent, proposed development/redevelopment, irregardless of Che stage in which the development/redevelopment is at and irregardless of the perceived impact being positive ornegative, is one factor that a property buyer and/or seller will in.tegratc into their decisions regarding listiiig, buying, or selling real estate. S. Considering the time value of money, the (present) value of $1 received today, a negative adjustment or discount would be applied to a sale price by a prudent investor, seller or buyer, if a lengthy marketing period or potentially delayed closing of a sale is projected, in this case applied to Sunburst Drive property due to the perceived, negative, opinion of the re -development of the VGCCH. The discount would increase relstiveto the projected, extended length ofa. rnarkcting time. 9. Realtors offering property for sale are obliged to pass on any knowledge the Realtor has regarding planned and on-going development/redevelopment of adjacent properties to prospective buyers. All prospective buyers are encouraged to do their own due diligence in regards to their purchase. 1.0. it is ray opinion that if the VC'm-1 is re -developed in accordance with the plan currently before llie Planning and Environnnental Commission on the date of completion that re-developmcnt will negatively impact values of existing homes on Sunburst Drive, thereby causing material it jJ iry to those homes. Dated January 23, 2013 4micc,�R, Nash, �Mlv Certified General Real Estate Appraiser State of Colorado (#CCTD1313850) 4 DEC -18-2012 10:56 FIRSTEANK UHILLS P.01 DISTRICT COURT FOR EAGLE COUNT.' P. G. Bax 597 Eagle, CO 81631 Plaintiffs: SAMUEL H. MASLAK, et al. Defendants: TOWN OF VAIL, et al. A COURT USE ONLY A Case Number: 2012-ev-921 Attorneys for Plaintiffs: Christopher H. Toll, #15388 Steven T. Collis, #40940 Division: 3 Courtroom Holland & Hart LLP 6380 S. Fiddlers Green Circle, Suite 500 Greenwood 'V'illage, CO 80111 Telephone: (303) 290-1600 ctoll(7a,holllandharLcom str-ollis@boliandhart.com John W. Dunn, #1421 Mountain Law Group, LLC Community Bank Center 0206 70 Benchmark Road P. G. Box 7717 Avon, CO 81620 Telephone; (970) 748.6428 jdunn@mountainlawgxoup.co m AFFIDAVIT OF JAY B. PULIS, JR. Jay B. Pulis, Jr., having been duly sworn states as follows: 1 am over the age of 18 and have personal knowledge of the matters stated below. 2. My father bought land in the Vail Valley in 1941 as a family summer retreat. The block of land was a mile long and 114 mile wide, 160 acres in total. 3. Part of our property was land where much of the Vail Golf Course now sits, as well as the land where Sunburst Drive and its homes wind alongside the Golf Course. DEC -18-2012 10:56 FIRSTEANK UHILLS P.02 4. To manage our property, my brother and I formed the Pulis Ranch Company with three equal partners: me, my brother Warren, and a silent trust for the children of our brother who had already passed away. Warren and l also set up Vail Valley, Inc., for the purpose of developing and selling lots for residential use alongside the Golf Course. The ftee owners of Vail Valley, Inc. were the same as the owners of pulis Ranch Company: "barren, me, and the trust for our nephew and nieces. 6. We intended f=rom the very beginning to develop the land to be a golf course with supporting golf -related facilities, and surrounding residences. The homes on the border of the course were to be golf course lots, and historically they have been marketed that way. 7. Minimizing development and maximizing open space were always very important to us. We always intended the golf course land to remain as golf course land and to be used for recreational purposes. 8. To ensure the neighborhood and the valley met our vision for it, in 1966 we leased our land on which the Vail Golf Course now sits to the Town of Vail, with specific requirements that it should only be used for a golf course or other specified recreational uses. If any clubhouse were built, it had to consist only of facilities ordinarily available in structures operated in conjunction with golf courses. 9. To further achieve our intent regarding limited development, in 1977 we conveyed the land through which Sunburst Drive passes to our residential development company, Vail Valley, Inc., so that the land could be used to develop a community that would be nestled between mountains on one side, and the Golf Course on the other. DEC -18-2012 10:57 FIRSTEANK UHILLS P.03 10. The Town used the land leased to it as a golf course, And we saw the neighborhood we had planned come to fruition. 11. By the time we sold the Golf Course property to the Town, the Vail Valley had become one of the nation's premier tourist destinations, and we knew how tempting it would be for the Town to make a large profit by either developing the golf course land itself or selling it to other developers, contrary to the common plan we had for the golf course and its adjoining neighborhood. 12. To prevent that from happening, and to preserve the neighborhood around the Golf Course, we included with the January 11, 1984 deed to the land a restrictive covenant that stated that the only use of the land was for a golf course, open space, park, or related facilities that were required to support those uses ("Pulis Covenant). The idea behind the Pulis Covenant was to keep the land as undeveloped as possible so it would remain a golf course with ouly supporting facilities for a golf course. 13. Creating an events center with a wedding venue and indoor/outdoor banquet facilities is not consistent with our intent or the intent of the Pulis Covenant. Our intent was a golf course, simple required support facilities, and surrounding residences, and not commercial operations. 14. We intended that the owners of the lots adjacent to the golf course would be able to enforce the Pulis Covenant in the 1984 Gleed. Allowing them to do so would maintain our original intent that those lots be golf course lots. 15. The Town officials agreed to use all of the land, including the land where the clubhouse and the 1$th Green now sit, for a golf course and related support facilities. DEC -18-2012 10:57 16. the Town, 17. FIRSTEANK UHILLS P.04 We did not intend any of the land to be used as a means for increasing revenue for Our conditions were meed upon by the Town's officials with their initial signing of the document. I would expect that commitment to be honored by the pre ent representatives. L Ja Pul' , fr. •� Date: 1 1 STATE OF COLORADO ) ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this ] day of December, 2012, by Jay B. Pulis, Jr. Witness my hand and official seal. No blit JEREMY JONES My Commission expires NOTARY PUBLIC STATE NOTARY ID 2005400528$ MY COMMIS6 ON EXPIRES FEBRUARY 09, 2014 TOTAL P.04 Ad Name: 9106685A PLANNING AND ENVIRONMENTAL COMMISSION TOWN OF VAIL/PLAN DEPT/COMM pm April 22, 2013 atCustomer: TOWN COUNCIL CHAMBERS/OPUBLIC WEL- Your account number is- 1 OP2P 3 COME 75 S. Frontage Road -Vail, Colorado, 61657 Vail Daily MEMBERS PRESENT_ MEMBERS ABSENT L Site Visit: 1. Noell Residence - 1067 Riva Glen Road PROOF OF PUBLICATION 2. Curse - 1775 Sunburst Drive 3. FoIdGPafrk-530, 540, and 580 South Frontage Road East 15 minutes RY P 1.A request for final review of an amended final STATE OF COLORADO } plat, pursuant to Chapter 13-12, Exemption Plat �.• PAMELA J. •: Review Procedures, Vail Town Code, to amend the i SS. platted building envelope, located at 1067 Riva �'• Glen Road/Lot 6, Spraddle Creek Estates, and set- OF EAGLE } tinCOUNTY Appliicant:forth Michaells in9ard N etll,ereto represent 1d bylMike OFCpLO Foster of Triumph Custom Homes My Commission Expires 1110112015 Planner: Warren Campbell ACTION: 1, Don Rogers, do solemnly swear that I am a SECOND:VOTE: qualified COTTON: representative ofthe Vail Daily. That the same Dail newspaper 90 minutes 1� Y Y 2.A request for the review of amendments to a printed, in whole or in part and published in the County conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town of Eagle, State of Colorado, and has a general circulation Code,to allow for the redevelopment of the Vail Golf Course Club House (i.e. accessory buildings, permanent and temporary, and uses customarily therein; that said newspaper has been published continuously incidental and accessory to permitted or condition- al outdoor recreational uses, and necessary for the and uninterruptedly in said Countof Eagle fora period of 1� Y County g operation thereof, including restrooms, drinking more than fifty-two consecutive weeks next rior to the first fty- p build- fountains, bleachers, concessions, storage build - ings, and similar uses), located at Unpl Sunburst Drive/Lot 3, Sunburst Filing 3 and Unplatted Par- publication of the annexed legal notice or advertisement and cels (a complete metes and bounds description is available at the Community Development Depart- that said newspaper has published the requested legal notice ment Office), and setting forth details in regard thereto. (PEC120036) Applicant:Town of Vail, represented by Greg Hall and advertisement as requested. �l Planner.George Ruther ACTION: MOTION: SECOND:VOTE: CONDITION(S): The Vail Daily is an accepted legal advertising medium, 30 minutes 3.A request for a recommendation to the Vail Town only for jurisdictions operating under Colorado's Home Council on the adoption of the 2013 Gerald R. Ford Park Master Plan, an assemblage of the 1985 Ford Park Master Plan, the 1997 Ford Park Rule provision. Management Plan, and the 2012 Ford Park Management Plan Amendment, located at 530, 540, and 580 South Frontage Road EasUUnplatted, and setting forth details in regard thereto. That the annexed legal notice or advertisement was (PEC130012) Applicant: Town of Vail published in the regular and entire issue of every Planner: George Ruther number of said daily newspaper for the period of 1 MOTION: SECOND:VOTE: CONDITION(S): consecutive insertions; and that the first publication of said P 4.A request for the review a variance from in the issue dated 4/19/2013 r Section 12-6E-8, Density Control, Vail Town Code, Pursuant Chapter Variances, Vail Town notice was of said newspaper and code, to allow for an increase in dwelling units per ll increase that the last publication of said notice was dated 4/19/2013 in acre to facilitate the construction of two single-family residences, located at 1183 and 1191 the issue of said newspaper. Casolar Del Norte Drive/Lots 4 and 5, Casolar Vail, and setting forth details in regard thereto. (PE 130010) Applicant: Todger Anderson, represented by Tom Braun In witness whereof, I have here unto set m hand this day, Planner: Warren Campbell Y Y ACTION: Table to May 13, 2013 04/26/2013. MOTION: SECOND:VOTE: 5.A request for the review of a variance from Section 12-713-15, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of additions in excess of the prescribed site coverage; and a re- quest for the review of a major exterior alteration or modification, pursuant to Section 12-713-7, Exterior General Man ager/Publisher/Editor Alterations and Modifications, Vail Town Code, to the allow for the construction of additions, located Vail Daily at 225 Wall Street/ Lot B, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. Subscribed and sworn to before me, a notary public in and for (PEC130008, PEC130009) Applicant: Wall Street Commercial, LLC, represented by Suman Architects the County of Eagle, State of Colorado this day 04/26/2013. er:rbiCampbell acn e o 2013 MOTION: SECOND: VOTE: ,,••••�� of April 8,2013 minutes MOTION:nEOTE: 7.Information Update 8.Adjournment MOTION: SECOND: VOTE: Pamela J. Schultz, Notary Public The applications and information about the My Commission expires: November 1 2015 , proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of RY P items are approximate, subject to change, and cannot be relied upon to determine at what time the �'�P••••••;!9� '% Planning and Environmental Commission will item. Please 479-2138 for �.• PAMELA J. •: consider an call (970) additional information. Sign language interpretation • SCHULTZ is available upon request with 24-hour notification. �'• Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. OFCpLO Community Development Department My Commission Expires 1110112015 Published April 19, 2013 in the Vail Daily. (s, 06685) Ad Name: 9065399A Customer: TOWN OF VAIL/PLAN DEPT/COMM Your account number is- 1 OP2P33 MW nay PROOF OF PUBLICATION STATE OF COLORADO } }ss. COUNTY OF EAGLE } I, Don Rogers, do solemnly swear that I am a qualified representative ofthe Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 4/5/2013 and that the last publication of said notice was dated 4/5/2013 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 04/16/2013. General Man ager/Publisher/Editor Vail Daily Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 04/16/2013. 2m.&& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 �pRY PUe/ ' PAMELA J. SCHULTZ 9�� COt-SRP$ My Commismn Expires 11/0112015 THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on April 22, 2013 at 1:00 pm in the Town of Vail Municipal Building. A request for final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the platted building envelope, located at 1067 Riva Glen Road/Lot 6, Spraddle Creek Estates, and setting forth details in regard thereto. (PEC130011) Applicant: Michael Noell, represented by Mike Foster of Triumph Custom Homes Planner: Warren Campbell A request for a recommendation to the Vail Town Council on the adoption of the 2013 Gerald R. Ford Park Master Plan, an assemblage of the 1985 Ford Park Master Plan, the 1997 Ford Park Manage- ment Plan, and the 2012 Ford Park Management Plan Amendment, located at 530, 540, and 580 South Frontage Road East/Unplatted, and setting forth details in regard thereto. (PEC130012) Applicant: Town of Vail Planner: George Ruther The applications and information about the propos- als are available for public inspection during office hours at the Town of Vail Community Develop- ment Department, 75 South Frontage Road. The public is invited to attend site visits. Please call 970-479-2138 for additional information. Sign language interpretation is available upon re- quest, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Im- paired, for information. Published April 5, 2013 in the Vail Daily. (9065399)