Resort definition questioned again

The Saratoga Hot Springs Resort (previously known as the Saratoga Resort and Spa) has had a convoluted history with zoning. Additionally, the history of retail business zoning seemingly goes hand in hand with the history of the resort.

When the retail business zone was first established, there was no language for many types of businesses under retail business. This included resorts, as the business was established before zoning districts were introduced in the 1980s. For much of its lifespan, the Saratoga Hot Springs Resort was a non-conforming use, with the zone actually being residential. While the resort could continue operating, it could not expand.

On December 3 2009, the Saratoga Town Council passed Ordinance 781, which added “Resorts” as a permitted use under the retail business zoning district. This language was specifically added so the Saratoga Resort and Spa (SRS) could be legally zoned. The Saratoga Planning Commission returned to this in 2010, discussing an amendment to the ordinance which would add a minimum of five acres to the resort definition. The definition included “overnight lodging, meals, and related tourist services”. The wording never ended up being changed.

Discussion regarding the actual zoning of “resort” was brought up in March 2010. Chris Shannon, co-owner of The Yard music venue, presented a letter to the planning commission suggesting the exclusive tourist services under the resort definition should be permitted uses under the retail business district in general. The March 16 Saratoga Sun quoted Shannon as saying “A property within the same district that my property is in can carry on an activity two blocks from my property within the same district simply because they provide overnight lodging, meals and tourist services”.

This comment was in reference to concerts held at the SRS as opposed to The Yard. The commission did nothing with this issue, providing the explanation that the resort had more space and parking, and would have less impact on the neighborhood.

Shannon brought this issue before the commission again in April, but was told “those activities could not be stand alone businesses”.

During this time, the SRS began the process to change their zoning under request from the town council. Issues arose at the June planning commission meeting, as multiple Saratoga residents came to the meeting for clarification on the zone change. The petition sent out as a part of the zone change process was apparently unclear. The commission had to assure the crowd there would be no difference to water or sewer bills as a result of the change, nor would it “give the resort any power to change neighboring properties”.

This issue was continued into the July 12 meeting, with resident Cindy Bloomquist appearing before the commission to voice her concern with the method the SRS was using to inform those around the property about the zone change. The commission assured Bloomquist the resort would contact everybody within the 300-foot distance required by law.

The petition issues continued throughout the summer. In the September 7 issue of the Saratoga Sun a letter to the editor by the attorney for the SRS was published. The letter reiterated the history of the nonconforming use, and addressed the concerns with the petition. It ended with the announcement for an open-house on September 13 to discuss the zone change application.

Bloomquist and Shannon appeared before the planning commission again in September to list their concerns with the rezoning process. They felt SRS needed to redo their application because they had not been following town ordinance. The commission pointed out the application hadn’t even been submitted yet.

The petition was brought up again, with Bloomquist noting residents had not been provided a map when asked to sign the application. The September 21, 2010 issue of The Saratoga Sun confirmed this after contacting SRS subdivision resident D’Ron Campbell. Campbell also voiced her concerns about whether the golf course would be zoned retail business after the change. The commission stated they would not accept the signatures until SRS actually applied.

The inconsistencies with the petition were once again discussed in the October 19 planning commission meeting. Bloomquist and Shannon believed the petition should not be accepted due to the multiple changes made. The signatures came out even, but the commission decided to have the town send out letters to property owners to gain signatures so everyone had the same information. SRS General Manager Susan Wallace defended the way they approached the process, stating they had to go through town ordinance to see how to do the zone change.

The process continued into 2012, with long stretches of time between notable issues. Bloomquist clarified her position in a May 2 letter to the editor, where she stated she supported the zone change everywhere except the driving range. She voiced her concerns over a historic location undergoing the zone change. She expressed her wish to have the SRS modify the zone change area and remove the driving range.

In the next few months, Orion Point, LLC, filed a zoning appeal against International Resort Properties, owner of SRS. Orion Point was owned by Bloomquist and Shannon. The appeal was brought before the Saratoga Town Council in September. Don Riske, the representative for Orion Point, said “SRS and the planning commission did not comply with the procedures of ordinance 18.78.0203”. No action was taken during this meeting as not all town council members were present. A decision was reached in the October 16 meeting, with the council dismissing the appeal. The zone change was finally approved on November 20, 2012.

Almost a decade later, discussion regarding the resort zoning definition may be resuming after Shannon came before the Saratoga Planning Commission on June 8 to discuss possible zoning changes.