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Home My WebLink About1.01 Supplemental Application• March 24, 2009 Mr. Fred Jarman Garfield County Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RECEIVED MAR 2 5 2009 GARFIELD COUNTY BUILDING & PLANNING Re: Amendment to Special Use Permit for Glenwood Caverns Dear Mr, Jarman: Our existing special use permit allows for a giant swing to be utilized at the park. We have had a swing for the last 4 years and it has been very popular with our customers. The manufacturer of the swing, Tagteam Productions, has gone out of business and will only continue to support the swing throughout the summer, 2009. Due to the unknown availability of parts and support, we elected to try to replace the swing. We have located a replacement swing from S&S Power, which is a much larger reliable manufacturer. We would like to remove the existing swing structure this fall and replace it with the new swing. I have enclosed drawings of the new swing for your review. Since the new swing is a portable model where the tower can be lowered, we would like to move the swing location a little further downhill. Moving the swing downhill would allow us to drive the swing to the new location, plus it would provide easier access for our customers to the swing. I have enclosed a park map with the new swing location marked. Please review the documents and let me know if it is okay to replace the swing. If you have any questions, please call me at 970-618-7127. Respectfull Steve : ckle 51000 TWO RIVERS PLAZA ROAD GLENWOOD SPRINGS COLORADO 81601 1 TEL 970 945-4CAV (4228) ( 800 530 1635 1 FAX 970 945 2051 GLENWOODCAVERNS.COM w Please Send Application to the Following Referral Agencies Application Name: G✓<'...'oog C,..c1 $v,0 5�1 Date Application Sent: f //o/t)-7 • Mt. Sopris Soil Conservation District Bookcliff Soil Conservation District Town of DeBeque City of Rifle Town of Basalt Town of Carbondale —V- City of Glenwood Springs,/ Town of New Castle Town of Silt Town of Parachute Eagle County Planning Department Rio Blanco County Planning Department Pitkin County Planning Department Mesa County Planning Department Buming Mtn. Fire District Town of Silt Fire Department Rifle Fire Protection District Grand Valley Fire Protection District Carbondale Fire Protection District Glenwood Springs & Rural Fire RE -1 School District RE -2 School District School District l 6 Carbondale Sanitation District Battlement Mesa Metropolitan District Spring Valley Sanitation District West Glenwood Sanitation District • Mid -Valley Metropolitan Sanitation District Roaring Fork Water and Sanitation District Holy Cross Electric (Roaring Fork. S. of Co. River west) Public Service Company (N of Co. River west) KN Energy (S. of Co. River, Roaring Fork ) Western Slope Gas Company US West Communications (G.S. & C. dale area) US West Communications (N.C., Silt. Rifle) US West Communications (Rifle, B.M., Parachute) AT&T Cable Service Colorado State Forest Service Colorado Department of Transportation Colorado Division of Wildlife (GWS Office: Canyon Creek East) Colorado Division of Wildlife (GJ office: Canyon Creek West) Colorado Dept. of Public Health & Environment Colorado Division of Water Resources Colorado Geological Survey (Need prepay form) Colorado Water Conservancy Board Colorado Mined Land Reclamation Board Bureau of Land Management Department of Energy - Western Area Power Admin. Bureau of Reclamation - Western Colorado Area Office US Corps of Engineers Northwest Options of Long Term Care Roaring Fork Transportation Authority Garfield County Road & Bridge (Dist. 1: Canyon Creek East, Dist. 2: Canyon Creek West and N. of I-70, Dist. 3: S. of I-70) Garfield County Vegetation (Steve Anthony) ,i/ lirGarfield County Housing Authority (Ganeva Powell) Garfield County Engineer (Jeff Nelson) , Garfield County Oil and Gas Auditor (Doug Dennison) Garfield County Sheriff Department (Lou Valario) VGarfield County t rn C — �� Engineering: � �y �/t,i-2 Ditch Companies: • REFERRAL FORM airfi County Building and Planning Department 8th Street, Suite 401, Glenwood Springs, CO 81601 (970) 945-R712/Fax• (970) 384-3470 Date Sent: April 10, 2007 Return Requested: May 9, 2007 File Name(s) Project Name(s) Type of Application(s) POW, Inc. Glenwood Caverns Adventure Park Special Use i. Staff Planner: Craig Richardson (crichardson@garfield-county.com) Phone: (970) 945-8212 Applicant: POW, Inc. Phone: (970) 945-4228 (ext. 113) Contact Person: Steve Beckley Phone: (970) 945-4228 (ext. 113) Location: 51000 Two Rivers Plaza Rd., Glenwood Springs, CO (Iron Mountain) Summary of Request: Request is to allow for employee housing on the Cavern's property by adding Commercial/Recreational Facility/Park to Section 3.01.03 as a Special Use Permit Application in the Garfield County Zoning Resolution. The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the Staff Report, we request your response by Wednesday, May 9, 2007. IORFIELD COUNTY School District Engineering Review Road & Bridge County Attorney Vegetation Manager County Sheriff's Dept. COLORADO STATE RI .M Water Resources Geological Survey (Fee) Health Department Forest Service (Fee) Wildlife Division SERVICE DISTRICT U S West Public Service Holy Cross Electric G.S./Carbondale Fire District Castle/Rifle Fire District *ew Conservation District Planning Commission BOCC REFERRAL FORM afield County Building and Planning Department 8t1 Street, Suite 401, Glenwood Springs, CO 81601 -Xltlirax• - Date Sent: April 10, 2007 Return Requested: May 9, 2007 The Garfield County Planning Department has received a land use request as referenced above. Your commen are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the Staff Report, we request your response by Wednesday, May 9, 2007. *FIELD COUNTY File Name(s) Project Name(s) Type of Application(s) School District Glenwood Caverns Adventure Park Special Use POW. Inc. Staff Planner: Craig Richardson (crichardson @ garfield-county.com) Phone: (970) 945-8212 Applicant: POW, Inc. Phone: (970) 945-4228 (ext. 113) Contact Person: Steve Beckley Phone: (970) 945-4228 (ext. 113) Location: 51000 Two Rivers Plaza Rd., Glenwood Springs, CO (Iron Mountain) Summary of Request: Request is to allow for employee housing on the Cavern's property by adding Commercial/Recreational Facility/Park to Section 3.01.03 as a Special Use Permit Application in the Garfield County Zoning Resolution. Vegetation Manager The Garfield County Planning Department has received a land use request as referenced above. Your commen are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the Staff Report, we request your response by Wednesday, May 9, 2007. *FIELD COUNTY • School District Engineering Review Road & Bridge County Attorney Vegetation Manager County Sheriff's Dept. COLORADO STATE Water Resources Pl NI Geological Survey (Fee) Health Department Forest Service (Fee) Wildlife Division SERVICE DISTRICT II S West Public Service Holy Cross Electric A G.S./Carbondale Fire District 45 ('t qies2,4,A.A.),,e774 i'e C� ew Castle/Rifle Fire District 41 onservation District Planning Commission BOCC Exhibits for Public Hearing continued on June 11th, 2007 — July 9th, 2007 Glenwood IDCaverns Special Use Permit Exhibit Letter (A to Z) Exhibit A Garfield County Zoning Resolution of 1978, as amended B Application Staff Memorandum C D Memo from the City of Glenwood Springs, dated May 3rd, 2007 E Memo from Glenwood Springs Fire Department, dated May 3rd, 2007 F Email from Garfield County Environmental Health Department, dated May 4th, 2007 G Memo from Mountain Cross Engineering, dated May 10th, 2007 H Letter from Steve Beckley in response to Glenwood Springs Fire Department comments, dated May 31st, 2007 I Letter from Steve Beckley in response to the City of Glenwood Springs comments, dated June 5th, 2007 J Letter from Steve Beckley, dated June 5th, 2007 (2nd letter) K List of Uses allowed under the requested Special Use Permit • • • • • BOCC 06/11/2007 CR Glenwood Caverns Commercial/Recreational Facility/Park Special Use Permit APPLICANT / OWNER POW, Inc. REPRESENTIATIVE Steve Beckley, Owner LOCATION North of the City of Glenwood Springs, CO SITE DATA 82 acres EXISTING ZONING Agricultural Industrial ADJACENT ZONING Agricultural Industrial, Open Space, City/Town STAFF RECOMMENDATION Approval I REQUEST The Applicant requests that the Board of County Commissioners (the Board) approve a Special Use Permit (SUP) allowing a "Commercial/Recreational Facility/Park" on a property owned by POW, Inc. This request is intended to amend the existing SUP approved by the Board memorialized in Resolution No. 2004-56 for the operation of Glenwood Caverns Adventure Park. I1 BACKGROUND In September of 1998 Garfield County Board County Commissioners approved a Zone District Amendment including "Commercial/Recreational Facility/Park" as a Special Use in the Agricultural Industrial Zone District (Al). On June 7th, 1999 the Board approved a Special Use Permit allowing for the contemplated use (Resolution No. 99-065). Due to additions to the existing park the Applicant has submitted subsequent requests that have been approved by the Board. Currently the Applicant is operating under Resolution No. 2004-56 1 • • BOCC 06/11/2007 CR III PROJECT DESCRIPTION • The Applicant request approval of a Special Use Permit allowing the following activities: • • • Expansion of Existing Gift Shop • Ropes Course • Mini -Golf Course • Photography Studio/Shop • Candy Shop • Shade Structures/Pavilion (6) • Maze (Fort Maze) • Bungee Trampoline * • Spider Zone Children's Climbing Center * • Simulator Attraction (Wild West Adventure) * • Petting Zoo • Train Ride Attraction * • Children Climbing Area (Foam Factory) • Mechanical Bull * • Canopy Tour • 4D Movie Theater • Horse Back Riding Tour • Banquet/Restaurant Facility • Traveling Museum Exhibits (Within Banquet Facility) • Bus Transportation • Employee Housing • 150,000 Gallon Fire Mitigation Pond • Existing Alpine Coaster • Existing Zip Line • Existing Giant Swing • Existing Climbing Wall • Existing Fossil Dig • Botanical Garden Butterfly Exhibit • Indoor Play area • Care Takers Quarters IV REFERRALS City of Glenwood Springs: Exhibit D Glenwood Springs & Rural Fire: Exhibit E Garfield County Environmental Health: Exhibit F Mountain Cross Engineering: Exhibit G • Water Storage Tanks • Nature Trails • Picnic Areas • Geode cutting • Gemstone Sluice Mining • Astronomy Observatory Area • Visitor Center • Souvenir Shop/Expansion • Indian Education Center (Teepee) • Passenger Gondolas • Bus Shuttle • Employee Housing • Maintenance Facility • Foam Factory Children's Climbing Area • Cave Tours -- • i • • • BOCC 06/11/2007 CR V § 5.03 Review Standards Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding The Applicant has entered into a pre -annexation agreement with the City of Glenwood Springs (the City). Water and sanitation services are currently provided on-site by the City. An existing pumping station located as the base of the tram base pumps water to two (2) 16,800 -gallon storage tanks. Wastewater generated on-site is treated by two (2) 2,500 -gallon septic tanks and one (1) 7,000 -gallon storage tank where solids are eliminated. Treated water is then transported to an energy dissipation tank at the tram base and pumped into the City's sewer system. High Country Engineering modified the existing system to allow for a 2,000 -gallon capacity leach field that is only used when temperatures do not allow treated wastewater to be transferred to the City's system. This modification was previously approved by the Board. The Applicant is proposing to provide sanitation services to the requested employee housing via the existing 2,000 -gallon leach field. Staff recommends that the Board require an engineer's statement verifying that he existing leach field is adequate to provide sanitation services to the proposed employee housing units and provide sufficient services for park operation when treated water is unable to be transferred to the City's sewer system. The City's Public Works Director expressed concerns regarding evaporative loss and infiltration of water stored in the proposed fire protection pond. The City suggests utilizing storage tanks (above ground or buried) for fire protection storage. If a pond is approved it is the recommendation of the City that water to stored in the proposed pond be trucked on-site. The City also addressed the requirement of payment for system improvement fees to accommodate any increase in water or sanitation services. Staff recommends that the Board require the Applicant to provide written approval from the City's Public Works Director regarding the impacts to the City's water and sanitation services provided to the park prior to issuing the Special Use Permit. Street Improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding The proposed facility will be accessed via the existing gondola and BLM permitted daily trips on Transfer Trail. Additional improvements will not be required. 3 • • • • • BOCC 06/11/2007 CR Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Staff Finding The Applicant represents that the proposed structures and improvements will not be visible from adjacent properties. The City of Glenwood Springs is concerned with the visibility of the proposed canopy tour and fort maze attractions. The canopy tour is a series of elevated platforms within the existing juniper and pinion forest. Existing vegetation should provide adequate visual mitigation of this proposed use. Fort maze will be a permanent 48' x 100' maze attraction consisting on an "old west fort" theme. The proposed maze will be screened by existing juniper and pinion vegetation. The topography of the subject property provides adequate screening of the proposed use. VI ISSUES AND CONERNS Parking Employee housing will require additional parking at the tram base. The possibility of employees residing on-site without vehicles is not a factor in the City's parking code requirements. Staff recommends that as a condition of approval prohibiting employees residing on-site from parking personal vehicles on the subject property during the months of May, June, July, August and September. The City of Glenwood Springs Special Use Permit Staff suggests that Board require the Applicant to amend the existing special use permit with the City of Glenwood Springs consistent with all uses approved by the Board. Van/Bus Transportation The Applicant is permitted by BLM for 30 guest transport and 3 maintenance roundtrips daily on Transfer Trail. It was represented when approved by the Board of County Commissioners that the purpose of the Tram System was to eliminate the need for transportation via van/bus. The Applicant is requesting approval for limited van/bus transportation during the summer months (Memorial Day — Labor Day). It is represented that this method of transportation will be limited to one trip per hour. Currently the Special Use Permit with the City of Glenwood Springs only allows emergency, service, and handicapped access via Transfer Trail. This method of transportation was a major concern during the initial approval of the original special use permit because of dust generated by the use and the impacts to the trail. If the intent is to provide service to guests afraid to ride the tram Staff recommends that the Board as a condition of approval limit the use of van/bus transport to emergency, service, handicapped and guest afraid of utilizing the tram system. This method of transportation should not be allowed to reduce wait time for transport. 4 • • • • BOCC 06/11/2007 CR Proposed Pond The Applicant has agreed to provide an engineered design pond with 2:1 slopes prior to construction. Emergency/Fire Protection Plan In the event of a fire the Applicant can provide protection to 1,551 guests within the caverns. Staff recommends that the Board limit the park capacity to the maximum capacity capable of being protected in the cave. VII SUGGESTED FINDINGS 1.) That proper public notice was provided as required for the hearing before the Board of County Commissioners; 2.) That the hearing before the Board of County Commissioners was extensive and complete and that all interested parties were heard at that meeting; 3.) The Application is in conformance with Garfield County Zoning Resolution of 1978, as amended; 4.) That for the above stated and other reason, the proposed Special Use Permit is in the best interest of the health, safety and welfare of the citizens of Garfield County; V STAFF RECOMMENDATION FOR ZONE DISTRICT AMENDMENT REQUEST Staff recommends approval of the proposed Special Use Permit allowing Commercial/Recreational Facility/Park on a property owned by POW Inc. with the following conditions: 1) That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2) This Special Use Permit approves the following operations: a. Hours of operation will be from 6:30 AM to 11:30 PM Sunday through Thursday and 6:30 AM to 12:30 AM Friday and Saturday; b. The tramway towers and cabins will not be lighted; c. Activities on-site will be Expansion of Existing Gift Shop, Ropes Course, Mini -Golf Course, Photography Studio/Shop, Candy Shop, Shade Structures/Pavilion (6), Maze (Fort Maze), Bungee Trampoline, Spider Zone Children's Climbing Center, Simulator • 5 • • • • • BOCC 06/11/2007 CR Attraction (Wild West Adventure), Petting Zoo, Train Ride Attraction, Children Climbing Area (Foam Factory), Mechanical Bull, Canopy Tour, 4D Movie Theater, Horse Back Riding Tour, Banquet/Restaurant Facility, Traveling Museum Exhibits (Within Banquet Facility), Bus Transportation, Employee Housing, 150,000 Gallon Fire Mitigation Pond, Alpine Coaster, Zip Line, Giant Swing, Climbing Wall, Fossil Dig, Botanical Garden Butterfly Exhibit, Indoor Children's Play area, Care Takers Quarters, Water Storage Tanks, Nature Trails, Picnic Areas, Geode cutting, Gemstone Sluice Mining, Astronomy Observatory Area, Visitor Center, Souvenir Shop/Expansion, Indian Education Center (Teepee), Passenger Gondolas, Limited Bus Shuttle, Employee Housing, Maintenance Facility, Foam Factory Children's Climbing Area and Cave Tours; 4) Passenger gondolas shall continue to accommodate bikes; 5) The ultimate build out capacity for the gondola is 36 gondola cars in 12 groups of 3 with each gondola car having a 6 passenger capacity; 6) The Applicant shall be responsible for snow removal on 50% of the travel way of Transfer Trail; 7) The applicant shall adhere to the following suggestions provided for by the Division of Wildlife in Sonia Marzec's referral letter dated April 16, 2002: a. There shall be no outside storage of any trash or garbage anywhere within the property, with the exception of bear -proof trash containers b. Refuse kept in non bear -proof containers should be kept within secure structures that are not likely to be broken into by bears c. There shall be no dumps or underground disposal of refuse on site d. Except for bird feeders, the feeding, baiting, salting, or other means of attracting wildlife to site is prohibited e. Bird feeders should be strategically placed to avoid being an enticement for bears f. Tourists and other users to the site should be made aware of the local wildlife community by utilizing information provided by the Division of Wildlife. 8) The Park shall be limited to a maximum guest capacity of 1,551. 9) All conditions set forth in Resolution 2004-56 shall be rescinded once the Special Use Permit approved by the Board of County Commissioners on June 11th, 2007is issued. 10) If the tramway becomes obsolete or inoperable for any period exceeding twelve months, the applicant shall remove the tramway at their own expense. 6 • • • BOCC 06/11/2007 CR 11) Bus/van guest transport shall only accommodate guest unable to utilize the gondola cars due to Acrophobia or other medical conditions, maintenance vehicles and emergency evacuations; 12)The Applicant shall construct a 150,000 gallon capacity fire protection pond or water storage tanks prior to constructing the proposed employee housing units; 13)The Applicant shall provide engineered drawing of the proposed fire protection pond prior to construction for approval is constructed; 14)The existing 2,000 gallon leach field shall be inspected by an engineer licensed by the State of Colorado. A statement of condition and adequacy verifying it's ability to serve the proposed employee housing and provided emergency storage of sewage on-site when waste water is unable to be transferred to the City's sewer system. 15)Parking of personal vehicles belonging to employees residing on-site during the months of May, June, July, August and September shall not be allowed on the subject property; 7 • • • • EXHIBIT Memorandum To: Craig Richardson, Senior Planner, Garfield County From: A'Lissa Gerum, City Planner Date: May 3, 2007 Re: Comments on referral of special use permit application for Glenwood Caverns Following are our comments on this application: 1. The proposed modifications to the Glenwood Caverns do not comply with the major development permit and special use permit that the applicant has with the City of Glenwood Springs as noted in a -c below: a. The applicant's special use permit (#03-02) with the City of Glenwood Springs limits road access to emergency, service, and handicapped access only. The proposed guest transportation via a van is not permitted by that language, nor would be the day-to-day transportation of employees living on site for purposes other than servicing the facility. If the applicant would like to revisit this requirement, they would need to apply for an amendment to their special use permit with the city. b. The increase in use would require provision of additional parking at the tram base for the employees living on site, for the proposed van, and also potentially for the increase in visitor capacity with the van use. Whether the employees would or would not have their own vehicles does not factor into the city's parking code requirements. It appears from copies of minutes from when this development was originally approved that it was already deficient in required parking. If the applicant would like to continue pursuing the employee housing, they would need to apply to amend their development permit with the city and possibly pursue a parking variance. c. Visibility of proposed improvements from below was one of the major concerns with the original approval of the major development permit and special use permit for the facility by the city. Visibility of the proposed structures should be examined and addressed. It appears from the plans that the applicant has submitted that the canopy tour and fort maze will be visible from below. In addition, the existing special use permit with the city requires that all mountain structures use non -reflective glass and that all roofs shall use natural, non - reflective colors. This issue should be examined with the application to amend the special use permit. • • • 2. Comments from the Public Works Director: s • I cannot support the use of treated water being used to maintain a 150,000 gallon pond for fire mitigation. I would prefer they use a tank, either above ground or buried for this storage need. There are currently two tanks on site, which has, I believe, a total storage of 34,000 gallons. The evaporation and infiltration of water from a pond would be significant. Our ability to supply water will likely diminish over time with the continued drought and increasing demands within the City itself. If the pond is what is ultimately approved, I would suggest they use raw water and it would probably have to be trucked to the pond. Any increase in water or sewer services would require payment of system improvement fees associated with the expansion. The concept of a bus service to the top brings about some concern of increased traffic, particularly on Transfer Trail. This roadway will need increased maintenance, as well as on-going dust control. The original application suggested they were trying hard to use the tram for almost everything regarding transportation needs. 3. From a practical standpoint, we understand the need for employee housing in the community and we commend the applicant's effort to attempt to remedy this situation. However, we question whether the top of Iron Mountain is a good location for it. Access and emergency access to the site are limited, while fire danger is high in the hills around Glenwood. If I understand correctly, the employee housing to be used in the summer will be located on top of what is a sewage leech field in the winter, which seems questionable from a health perspective. Also, parking and transportation for the employees does not appear to be addressed by the application. Even international students may buy vehicles and require some transportation. Furthermore, conditions and times change and the applicant may hire employees with cars in the future or may he may find himself housing etnployees year round with questionable emergency access in the winter. 4. The Fire Department has indicated to me that they will comment separately. • 1 • 000D Spit/4, C • May 3, 2007 DEPAR1 To: Craig Richardson, Garfield County Planner From: Ron Biggers, Deputy Fire Marshal, Glenwood Springs Fire Department RE: Comments on Glenwood Caverns Adventure Park special use application, Applicant POW Inc, Location 51000 Two Rivers Plaza Rd., Glenwood Springs (Iron Mtn) Several weeks ago Steve Beckley did discuss with me some of the changes and additions to The Adventure Park he was going to submit in this application. The previous requirements for fire protection stated in number 5 of Resolution No. 2004- 56 issued to the same applicant by the Garfield County BOCC apply for this application as well as the following comments. Please have applicant submit to the Glenwood Springs Fire Department a copy of appendixes F, G and H I did not find them in the information submitted to me for review. • The proposed fire mitigation pond shall be professional designed and installed, a bulk of the water shall be free of ice, man made debris, and biological organisms so it is available on a year round bases to meet any fire extinguishing demands. RECOMMENDATION: If possible relocate the pond to above the employee Housing. If by locating it there would put it a t higher elevation then the proposed employee housing some PSI may be gained thus reducing the size of the fire pump that will be needed to boost the PSI required by the fire suppression systems. • The 4D movie theater, employee housing, maintenance facility, kid's indoor play area and caretakers unit shall have an automatic fire suppression system and monitored fire alarm system installed in them. They shall be designed to the most current NFPA standards and the requirements of Glenwood Springs Fire Department to meet the protection requirements for each of the occupancies. Pre construction plans for the other proposed structure shall be submitted to Glenwood Fire Department for review to assess their fire protection system needs. • The applicant shall submit to the Glenwood Springs Fire Department for review and approval a revised wildfire hazards fuel mitigation plan that includes areas around the proposed new buildings. 101 WEST 8TH STREET GLENWOOD SPRINGS, COLORADO 81601 970-384-6480 FAX 970-945-8506 i oEPAR • Prior to the construction of the 150,000 gallon pond plans shall be submitted to Glenwood Springs Fire Department for review and approval. The Fire Marshal should be contacted by the applicant to set-up a site visit to evaluate the location of the pond and weather access to it is favorable for installation of a dry hydrant. • In place of reintroducing shuttle buses onto transfer trail I recommend more gondola cars be added to transport more visitors to and from the adventure park. In the winter months if the cars are not needed they can be removed and stored. One reason for installing the gondola was to eliminate the safety issues involving the shuttle buses using Transfer Trail. • Does the applicant/operator have an evacuation plan that has been developed and practiced should all the people on the site needed to be evacuated off of Iron Mountain or sheltered in place in a timely manor? By the information on past approvals the capacity of the park was limited to 1,100 people until they improved the sewage removal capacity from the site by connecting into the City of Glenwood Springs sewage disposal system. Was this requirement met when the gray water transport line was installed to the pump station at the base gondola building? If it was then it appears the capacity of the park is unlimited. With all these new attractions going in and the capacity of the park is no long limited to the number of people the cave tours can accommodate in a day; the capcity could be well over 1,100 and some may not even be going to the park to tour the caves. Over time the gondola is capable of transporting many people to the park but it is not unable to evacuate them in a timely manor if the need arises to do so, it may not even be operational under emergency conditions. Currently the gondola speed needs to be slowed when wind speeds increase, it has shut down during electrical storms and I assert it would be shut down by a wildfire traveling up the hillside below it. When the park capacity was small the operators had a plan to shelter the people at the top in the caves if needed, but now that many more people are/or will be in many places throughout the park this plan may not be adequate and need to be revised and redesigned. The location of the park does not lend itself to a safe/rapid evacuation of a large number of people. • Prior to erecting any tents or temporary canopies the operator shall notify Glenwood Springs Fire Department to verify that they do or don't need to apply for a permit for the structure • Applicant shall provide to Glenwood Springs Fire Department flame resistant and or fire rating information on the foam materials in the Foam Factory (children's climbing area) 101 WEST 8TH STREET GLENWOOD SPRINGS, COLORADO 81601 970-384-6480 FAX 970-945-8506 0EPAR • None of the proposed changes/additional attractions shall be built so the in grouches on or reduce the emergency vehicle turn around on the east side of the current main visitors center. Above are the main comments I have on this application at this time at this time more may follow as the individual items in the plan are developed. If you have questions on the above comments please contact me. 101 WEST 8TH STREET GLENWOOD SPRINGS, COLORADO 81601 970-384-6480 FAX 970-945-8506 • • • • • Craig Richardson From: Jim Rada Sent: Friday, May 04, 2007 12:40 PM To: Craig Richardson Subject: Glenwood Caverns Adventure Park SUP Attachments: Jim Rada.vcf Craig, The submittal information is a bit confusing. That will probably show in my comments below. 1. I am not familiar with the ISDS design that served this facility before the sanitary sewer was added. The 2002 BOCC Resolution implies that the ISDS had to be approved by CDPHE. The 2004 BOCC Resolution required a Garfield County ISDS Permit. It may be that CDPHE would have to approve this ISDS even if it were only to be used during the winter months. I strongly recommend that a written evaluation of the physical condition of the ISDS as well as an evaluation of the design under the context of the current proposal be required to determine that ISDS will be in compliance with state and/or local regulations. 2. No information is given as to the number of employees living on the property at various times of the year nor is any information given about sewage flow rates at various times of the year so it is impossible to know by the submittal whether the existing ISDS will handle the wastewater flows during the winter months from the employee housing. Additionally, it appears by the response on Page 8 that another 2000 gallon per day septic system will be added. Per Policy 6 of the WQCD, the existing system and new system will be required to be separated by a substantial distance to avoid being considered a single system that will fall under the jurisdiction of CDPHE. An ISDS plan is needed to make that determination. 3. No information is given about total land disturbance although it appears that over 1 acre total land disturbance is possible. If so, then a CDPHE stormwater permit will be required. If not, the County should do all that is in its authority to require that appropriate stormwater management and erosion control practices be incorporated into the design drainage plan. Jim Rada, REHS Environmental Health Manager Garfield County Public Health 195 W 14th Street Rifle, CO 81650 Phone 970-625-5200 x8113 Cell 970-319-1579 Fax 970-625-8304 Email jrada@ggarfield-county.com Web www.garfield-county.com 5/31/2007 • May 10, 2007 Mr. Craig Richardson Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN • MOUNTAIN CROSS ENGINEERING, INC. _____72 RE: Special Use Application for Glenwood Caverns Adventure Park Dear Craig: A review has been performed of the documents for the Special Use Application of the Glenwood Caverns Adventure Park. The package was found to be well organized. The following comments, questions, or concerns were generated: 1. Not much detail was given for the design and/or construction of the fire suppression pond. Engineered plans should be provided; at a minimum should be a condition of approval. This plan should detail section slopes, depth, and lining. Also it should include the intake connections and piping from the pond to the fire suppression system and/or hydrants. 2. The water in the fire suppression pond will be subject to evaporative losses. Since the water is to be supplied by the City of Glenwood Springs, the City should verify that these proposed uses are compatible with their water rights. 3. The increased uses and housing will increase the demands for potable water. The existing water supply line and storage volumes need to be verified against the increased demands from the uses that are proposed. 4. Similarly the septic system, leach field, sewer ejector line, sewer ejector pump, and sump basin will all be subject to increased demands from the proposed uses. All sizes and designs should be verified for the increased demands anticipated. 5. No site plans were included for the individual site plans of the amenities proposed. Adequate provisions for drainage and erosion control, permanently and during construction, need to be designed. Feel free to call if you have any questions or if any of the above needs further clarification. VESincerely, Mountai Cross Engineering, Inc. MAY 1 4 2007 BUILDING & t'LA�hv�?T Chris Hale, PE 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com • • • • May 31, 2007 Mr. Craig Richardson Garfield County Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Amendment to Special Use Permit for Glenwood Caverns Dear Mr. Richardson: EXHIBIT 1}4 In response to Mr. Ron Biggers' letter dated May 3, 2007, I contacted Mr. Biggers and discussed several of the items listed in his letter. The following is a summary of our conversation: 1. The proposed fire mitigation pond will be professionally designed and installed. The location of the pond cannot be moved due to the ideal soil condition in the current proposed location. 2. The 4D movie theater, employee housing, maintenance facility, kid's indoor play area will have an automatic fire suppression system and monitored fire alarm system installed in them. They will be designed to the most current NFPA standards and the requirements of Glenwood Springs Fire Department to meet the protection requirements for each of the occupancies. Pre construction plans for the other proposed structure will be submitted to Glenwood Fire Department for review to assess their fire protection system needs. The caretaker cabin which is only 400 square feet will not require automatic fire suppression. When the fire suppression system is installed in the other new facilities Glenwood Caverns will attempt to install sprinklers in the cabin. 3. A new fire mitigation plan will be submitted to Glenwood Springs Fire Department within 60 days of SUP approval. 4. Prior to installation of the pond, plans will be submitted to the Glenwood Springs Fire Department for approval. 51000 TWO RIVERS PLAZA ROAD GLENWOOD SPRINGS COLORADO 81601 1 TEL 970 945-4CAV (4228) I 800 530 1635 1 FAX 970 945 2051 GLENWOODCAVERNS.COM 5. We plan on utileg the buses in summer time to transp.amily members to the top that are fearful of riding the tram. We plan on running a shuttle a maximum of every hour and only between Memorial Day and Labor Day. 6. Enclosed please find our calculations for number of people protected in the cave during a fire event. We can protect 1551 people in the cave during a fire event. I discussed with Mr. Biggers that we could also add concrete block structures in the future for fire protection in remote areas of the property as the park expands. A new fire evacuation plan including procedures for getting the people from the entire property into the caves and managing them while they are in the cave will be submitted to Glenwood Springs Fire Department within 60 days of SUP approval. The plan will include previsions for water, small amounts of food, and rest rooms for a two hour period. 7. Current tents located on the property have been permitted with building and planning. 8. Prior to installation of the Foam Factory, fire rating on the foam will be submitted to the Glenwood Springs Fire Department for approval. 9. Existing fire access will not be modified. Please let me know if you have any questions. I can be reached at 970-618-7127. Thanks Steve Beckley Owner 51000 TWO RIVERS PLAZA ROAD GLENWOOD SPRINGS COLORADO 81601 I TEL 970 945-4CAV (4228) 1 800 530 1635 FAX 970 945 2051 GLENWOODCAVERNS.COM • • • • • Glenwood Caverns Capacity During a Fire event Square Foot Calculations of usable cave area Historical Cave 4800 Bedroom 706.5 Darrow Tunnel 600 Exclamation Point 150 New Tunnel 1056 Barn Upper Platform 1800 Barn Wooden Platforms 2050 Barn (area away from platform 2800 Total Area 13962.5 Square ft per person 9 Maximum Capacity protected in the cave 1551 • • • Previously Approved Uses • Expansion of Existing Gift Shop • Ropes Course • Mini -Golf Course • Photography Studio/Shop • Candy Shop • Shade Structures/Pavilion (6) • Horse Back Riding Tour • Banquet/Restaurant Facility • Existing Alpine Coaster • Existing Zip Line • Existing Giant Swing • Existing Climbing Wall • Existing Fossil Dig • Water Storage Tanks • Nature Trails • Picnic Areas • Geode cutting • Gemstone Sluice Mining • Astronomy Observatory Area • Visitor Center • Souvenir Shop/Expansion • Indian Education Center (Teepee) • Passenger Gondolas • Bus Shuttle • Maintenance Facility • Cave Tours Mobile Attractions • Bungee Trampoline * • Spider Zone Children's Climbing Center * • Simulator Attraction (Wild West Adventure) * • Train Ride Attraction * • Mechanical Bull * • EXHIBIT I K New Uses Requested • Maze (Fort Maze) • Bungee Trampoline * • Spider Zone Children's Climbing Center * • Simulator Attraction (Wild West Adventure) * • Petting Zoo • Train Ride Attraction * • Children Climbing Area (Foam Factory) • Mechanical Bull * • Canopy Tour • 4D Movie Theater • Traveling Museum Exhibits (Within Banquet Facility) • Employee Housing • 150,000 Gallon Fire Mitigation Pond • Botanical Garden Butterfly Exhibit • Indoor Play area • Care Takers Quarters • Employee Housing • Foam Factory Children's Climbing Area • Bus Shuttle w/conditions • • Garfield County March 15, 2007 Steve Beckley Glenwood Caverns and POW, Inc. 51000 Two Rivers Plaza Road Glenwood Springs, CO 81601 BUILDING & PLANNING DEPARTMENT RE: Text Amendment to Zoning Resolution §2.00 and §3.01.03 and SUP Application Dear Mr. Beckley, This office is in receipt of the Zoning Resolution Text Amendment and Special Use Permit application for Glenwood Caverns. This letter is to inform you that the application has been deemed technically complete. Please understand that a determination of technical completeness shall not be viewed as a recommendation of approval, finding of an adequate application, or a finding of general compliance with any goal or objective of the Garfield County Zoning Resolution. This application will be reviewed by Staff and a report will be sent to you. The Garfield County Planning Commissioners will discuss and review the proposed Text Amendment at a public meeting scheduled on May 9th, 2007 at 6:30 pm. The meeting will be held in the Commissioners' Meeting Room in the Garfield County Plaza Building, 108 8th St., Glenwood Springs, CO 81601. As a matter of process, the Planning Commission will make a recommendation to the Board of County Commissioners who shall hold an advertised public hearing on the proposed Zone Resolution Text Amendment at a regularly scheduled meeting on June 11th, 2007. At this time the Board will also hold a public hearing to consider the proposed SUP. The meeting will be held in the Commissioners' Meeting Room in the Garfield County Plaza Building, 108 8th St., Glenwood Springs, CO 81601. The Applicant shall be solely responsible for the publication. Applicant shall present proof of publication at or before the meeting. The item cannot be heard if correct noticing requirements have not been met. Notice for the hearing shall be given as follows: Notice for BOCC Text Amendment Hearing 1 Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed amendment, nature of the meeting, date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date such hearing, and proof of publication shall be presented at hearing by the applicant. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 • • • • BUILDING & PLANNING DEPARTMENT Notice for BOCC SUP Hearing 1. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed subdivision and nature of the meeting, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date such hearing, and proof of publication shall be presented at hearing by the applicant. 2. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot, all owners of mineral interest in the subject property, and all tenants of any structure proposed for conversion to condominiums, at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. 3. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. The appropriate notice for the Board of County Commissioners meeting will be presented during the site visit scheduled for Friday, April 13`h, 2007. Note: Please submit 20 copies of the completed TEXT AMENDMENT application (copies for both Planning Commission and Board of County Commissioners Meeting) and 12 copies of the completed SPECIAL USE PERMIT application to this office no later than April 2nd, 2007. If the copies have not been submitted by this date, your public meeting and/or hearing may be jeopardized. Do not hesitate to contact this office in the event you have any questions. Best regards, Craig Richardson Senior Planner 2 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 • • • • RECD FEB 1 4 2007 GARFIELD COUNTY Building & Planning Department GARFIELD COUNTY 108 8th Street, Suite 401 BUILDINGPLANNING Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) /� Street Address / General Location of Property: C3"(.F'NC�3OO1Jl..AN/LrQ-ios S E c--rz oN 3 r ci ®w N s N -x-? 4 So y Rft-IJ(rt 89 u4ST Legal Description: ➢ Existing Use & Size of Property in acres: E17. AG2ES ➢ Description of Special Use Requested: -7-r–cJS_ 2rvip tAY i L uizAvv r4 -r TN1. Cr L- &wocaa t._A-Y t Lt./ s C®64,641 EPri -4( —P412..lc Zone District: Ai r. Name of Property Owner (Applicant): ?OW r,. c . ➢ Address: 5 1 OOO-r uo y is 3 (Pt_ Telephone: 970 i yS YZZE x) ➢ City: GLENtoop 5pa., State: Co Zip Code: $J(,=4:) FAX: 97o 9YS ➢ Name of Owner's Representative, if any (Attorney, Planner, etc): ➢ Address: Telephone: ➢ City: State: Zip Code: FAX: 13 r. Doc. No.: r Planner: STAFF USE ONLY Date Submitted: Hearing Date: TC Date: • • • • • I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the subject property and public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, public and private landowners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of the subject property. (That information can be found in your title policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery • • • • • of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield-countv.com/building and planning/index.htm, or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. • • • c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct a mate to the best of my knowledge. • (Signature of applic'. Last Revised: 02/2006 vw N5 Z G 45 Nt 0 C A y c&uS f OC�I j I&JC . • COMMUNITY BANKS OF COLORADO 82-201/1021 • veq uo spelep •sammei 6cunoag CO r` N c) 0 O O O ti Garfield County Treasurer • N O O O Eoo >,00 ti Seven Hundred and 00/100************ L 0O d) N CO N 2 p Ca) O N Cb co co O O CO CO 0 U tic 0) Q C/) 0 0 a) O w A 0 ru 0 .-a ru 0 .-a • ■ 1 r� 0 0 0 GLENWOOD TRAMWAY, LLC Checking -Community • • • • • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. • • • GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 Preliminary Plan $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Final Plat $200 Amended Plat $100 Exemption from the Definition of Subdivision (SB -35) $300 Land Use Permits (Special Use/Conditional Use Permits) • Administrative/no public hearing $250 • Board Public Hearing only $400 • Planning Commission and Board review & hearing $525 Zoning Amendments • Zone District map amendment $450 • Zone District text amendment $300 • Zone District map & text amendment $500 • PUD Zone District & Text Amendment $500 • PUD Zone District Text Amendment $500 Board of Adjustment • Variance $250 • Interpretation $250 Planning Staff Hourly Rate • Planning Director $50.50 • Senior Planner $40.50 • Planning Technician $33.75 • Secretary $30 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 —1st page $10 each additional page Page 2 • • • The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 • • • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT • AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) lfxw000 CAV w -»s PpU.N,ZIJG . GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for S P LCX A- L. U S L £ c -r 4o rye i i9w / .rr (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Date: -9/1 7 51-€. V 17T)EQK Print Name Mailjng Address: St000S e—Pt, c-ENwoe.)c SPR. CO Ps/ / • 10/2004 Page 4 • • AMENDMENT TO SPECIAL USE PERMIT GARFIELD COUNTY BUILDING & PLANING DEPARTMENT December 22, 2006 PROPERTY LOCATION: Section 3&4 Township 6 South Range 89 West GLENWOOD CAVERNS ADVENTURE PARK 51000 Two Rivers Plaza Road • Glenwood Springs, Colorado 81601 • (970) 945-4728 # 13 • • • December 24, 2006 Mr. Fred Jarman Garfield County Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Amendment to Special Use Permit for Glenwood Caverns Dear Mr. Jarman: Please accept the following package of information as a request for a forth amendment to the previously approved Special Use Permit dated September 1998. The first and second amendment was requested and approved in 2003 and the third was approved in 2004. The following is a short history of the approved special use permits and amendments: 1. September 1998 Initial Approval (See Endosed Initial Application Appendix A) The applicant requested and was approved for a Zone District Text amendment to include Commercial / Recreational / Facility /Park" in the Agricultural / Industrial (A/I) Zone District as a Special Use. Following approval of the Text Amendment, Garfield County (See Resolution of Approval -Appendix B), also granted a Special Use Permit for the existing use on the property. 2. May 2002 First Amendment — The applicant requested and was approved to install a tramway and Visitor Center on the property. Water was supplied by the city and sewer was an ISDS system. (See Resolution of Approval -Appendix C). 3. November 2002 Second Amendment — The applicant requested and was approved to modify the construction timeline of the Tramway and Visitor Center. Also, the sewer system was upgraded from an ISDS to city sewer. (See Resolution of Approval -Appendix D). 4. March 2004 Third Amendment — The applicant requested and was approved for the following items: snack shop, falconry, alpine coaster, zip line, giant swing, Indian education center (tepee), photography studio, climbing wall, movies, challenge (ropes) course, paragliding, mini golf, gift shop expansion, and snow shoe rentals. Additionally, hours of operation were extended to allow for later evening business. (See Resolution of Approval -Appendix E). Due to the ever-changing aspect of our business we request the following items to be modified under our existing permit 1. Remove Performance Amphitheater from attractions list; 2. Remove Falconry from attractions list; 3. Remove Paragliding from attractions list; Amendment to Special Use Permit for Glenwood Caverns Page 1 4. Modify site plan to include additional features including shade structures, nature pathways, additional snack shops, and viewing areas. 5. Add Fort Maze to attractions list; 6. Add Bungee Trampoline jump to attractions list; 7. Add Spider Zone kids climbing center to attractions list; 8. Add Wild West Adventure wagon simulator; 9. Add Petting Zoo; 10. Add Children's Train Ride; 11. Add Foam Factory (children's climbing area); 12. Add Mechanical Bull; 13. Add Canopy Tour; 14. Add 4D movies theater; 15. Allow for horse back riding tours; 16. Allow Banquet Facility to house museum exhibits (i.e. traveling exhibits like Masters of the Night Bat exhibit); 17. Allow for limited bus transportation to top of mountain during peak summer season (May through September); 18. Allow for employee housing; 19. Allow for a 150,000 gallon fire mitigation pond to be installed; We have attached the following information for review by the Planning Staff, The Planning Commission, and The Board of County Commissioners: 1. Appendix F - Pre -annexation agreement with Glenwood Springs allowing for sewer and water services; 2. Appendix G - Proposed Phasing Schedule; 3. Appendix H - Response to development plan from Fire Department; We have attached the following attachments for review by the Planning Staff, The Planning Commission, and The Board of County Commissioners: 1. Attachment 1- Lift alignment and Vicinity map; 2. Attachment 2 - Upper area activity map; 3. Attachment 3 - Employee Housing Plans; Amendment to Special Use Permit for Glenwood Caverns Page 2 • • • Description of the Business The Glenwood Caverns are located on a 78.83 -acre parcel approximately 1/2 miles North and 1,300 feet above the City of Glenwood Springs. Glenwood Caverns is a tourist attraction that allows visitors to be guided through 9 million years of geological history. Currently, the project encompasses the lower site located at 51000 Two Rivers Plaza Road in Glenwood Springs and the upper site located on top of Iron Mountain. The lower site indudes a parking lot and small building used to sell tickets and the loading/unloading of passengers. The upper site indudes the upper tram station for loading/unloading of visitors and a visitor's center that is used for a gift shop, a full service restaurant, and public restroom facilities. The restaurant facility is approximately 1,800 square feet with a 2,400 square foot deck that can be used for weddings, holiday parties, and other events. Along with the Gondola, additional activities that are currently available on the upper site include a covered picnic area, gemstone sluice mining, geode cutting, a fossil dig, other educational activities, an alpine coaster, a zip line, a giant swing, a snack shop, and a climbing wall. These additions help keep the visitors occupied while waiting for their tour. The proposed changes would include the following: 1. Mini Golf — Currently permitted and waiting to be constructed; this activity would allow guests to play 18 holes of miniature golf. 2. Photography studio - Currently permitted and waiting to be constructed; This would be a small log structure located in the plaza (see attachment 2) that would develop and print photos of visitors; 3. Challenge (ropes) course — Currently permitted and waiting to be constructed; this activity would be used for team building. 4. Fort Maze — This activity would be a 48 -foot by 100 -foot maze themed like an old west fort. Participants would enter and be timed to see how fast they could get through the giant maze 5. Bungee Trampoline — This activity would allow guests to be attached to giant poles and jump 18- 20 feet in the air. There are similar installations at Vail and Beaver Creek. 6. Spider Zone — This activity has an 8 -foot by 12 -foot by 20 -foot tall structure that allows guests (small children) to climb through multiple levels and slide down a giant slide. 7. Wagon Simulator - This activity is themed like an old west Conestoga wagon where guests can sit Amendment to Special Use Permit for Glenwood Caverns Page 3 • • • inside the wagon and enjoy a simulated ride including being chased by bandits and hiding in a cave. 8. Petting Zoo - The activity allows guests to enter a covered fenced area to enjoy small farm animals including miniature donkeys, goats, rabbits, etc. 9. Train Ride — This activity allow guests to tour the park on a miniature rubber tired train. The train would include an engine and three open passenger cars. 10. Foam Factory — This activity allows guests (children) to enter an enclosed area with a play structure that's equipped with air guns that shoot foam balls. The foam factory will be themed like an old west town. 11. Mechanical Bull — This activity would allow for guests to ride a mechanical bull that can be adjusted to varying degree of difficulty. 12. Canopy Tour — This activity would allow guests to travel from elevated platform to elevated platform through the tree canopy of the Juniper and Pinion forest. 13. 4D Movie Theater — This activity would be a small (maximum 48 seats) theater that would show short (20 minutes) education movies. The theater would be equipped to utilize 3D glasses along with additional effects such as spraying water and wind. 14. Horse back riding - This activity would allow guests to take a guided horseback ride on trails located on Caverns property. 15. Museum Exhibits — This activity would allow for guests to experience interactive educational exhibits. Several of these exhibits are leased and travel from site to site. This allows the exhibits to be modified. The exhibits would be placed on the third floor of the Visitor's Center in the banquet facility. 16. Limited Bus Transportation — In the past we have had multiple complaints from visitors that would like to come to the top of the mountain but are frightened to ride the tram. This would allow those guests that are uncomfortable with the tram to experience the park during the summer season. Limited bus service would be provided only during May through September. Glenwood Caverns currently maintains a permit with the BLM allowing for up to 30 bus trips per day. Amendment to Special Use Permit for Glenwood Caverns Page 4 17. Employee Housing — Due to difficulties in maintaining adequate staffing levels Glenwood Caverns would like to provide employee housing for up to summer employees. The intent of usage would be for summer hires (international J1 visa students). These students are here for four months and don't have access to transportation. The housing would be set up as dormitory style with common areas for rest rooms, kitchens, and recreational rooms. Glenwood Caverns would also like to have approval for an existing caretakers cabin located on the property. 18. Fire Mitigation Pond — the pond will allow for an additional 150,000 gallons of water storage to be used for fire sprinkler systems. In 2006, Glenwood Caverns Adventure Park had over 130,000 visitors that came to the attraction. The overwhelming response was positive except for a few minor complaints. The main complaint that was heard was the lack of additional activities at the upper site to keep families entertained while waiting for a cave tour.Thenew proposedd arovide more onal reaso s to Gfor ns to Glenn w000 d CavernAdventure Park to do anl o pro de ad t bring tourists to Garfield County. 4.1 Commercial and Industrial Uses Garfield County will encourage the retention and expansion of convenient, viable and compatible commercial development capable of providing a wide variety of goods and services to serve the citizens of the County. • RESPONSE: The applicant is improving an existing attraction by providing more activities that is clearly consistent with the tourist -related economy crucial to the success of the City of Glenwood Springs and Garfield County. The opportunity to provide additional activities will continue to diversify the breadth of tourism opportunities in the region. Objectives To ensure that commercial and industrial development is compatible with adjacent land uses and mitigate impacts identified during the plan review process. RESPONSE: The applicant has contacted adjacent landowners, including the BLM to mitigate impacts associated with the project. Encourage the location of commercial development in appropriate areas that maximizes convenience to County Residents. RESPONSE: The physical location of the caves is located less than two (2) roadway miles from the Glenwood Springs downtown. Glenwood Springs is the concentration point and the most significant bed -base in Garfield County during the proposed year -round -operating period of the tours. The cave location itself also provides a concentration point for visitors to Glenwood Caverns. The • Amendment to Special Use Permit for Glenwood Caverns Page 5 additional activities at the cave site would enhance the visitor's stay in Glenwood Springs. Ensure that commercial development is conducive to safe and efficient traffic flow, reduces vehicular movements and encourages alternate transportation modes and the use of mass transit. RESPONSE: The tramway already provides an effective and safe transportation system to the cave area. The additional activities at the top would increase the efficiency of the tramway by providing more things for visitors to do and see. Ensure that the type, size and scope of industrial and commercial development is consistent with the long-term land use objectives of the County RESPONSE: The proposed project is a low -intensity commercial operation that is consistent with the local importance of tourism in the County. Ensure a commercial and industrial development policy that is environmentally sound and acceptable to County residents and policy makers. RESPONSE: The applicant has mitigated the likely environmental impacts of the project, induding the use of colors similar to the natural environment and has sited the proposed improvements to minimize visibility, grading, and vegetation removal. Policies Landscaping and screening will be required to address specific visual impacts of industrial and commercial development. RESPONSE: Due to the existing topography of the cave site, it is unlikely that the additional structures or improvements will be visible from any adjacent properties. No landscaping or screening is necessary. The project review process will include the identification and mitigation of transportation impacts related to commercial and industrial development. RESPONSE: A full traffic study was submitted in the last amendment. The additional activities should not impact current traffic. Amendment to Special Use Permit for Glenwood Caverns Page 6 Special Use Permit Amendment Request Compliance with submittal requirements and standards of review is summarized below. Italicized text is taken directly from the applicable portions of the Zoning Resolution, Followed by a response to each requirement. Submittal Requirements 1. Plans and specifications for the proposed use including the hours of operation, the amount of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and be specific. RESPONSE: Plans and specifications and operating hours have been cited earlier in the application. The proposed additional structures on the property include the following: • Snack Shop — 480 square ft log structure; • Snack Shop — 750 square ft log structure; • Petting Zoo — 35 foot diameter tent structure; • Fort Maze — a 4,800 square foot log and plastic structure (not enclosed); • Photography center - 64 square ft log structure and a 480 square ft log structure; • Kid's Play Indoor Play area —1,600 square foot metal structure with a log facade on the outside. • Retail Expansion — 980 square ft addition to existing Visitor's Center; • Shade structure (sluice) — a 480 square foot wood structure providing shade for guests at the sluice box; • Shade structure (coaster) — a 250 square foot wood structure providing shade for guests and employees at the coaster offloading area; • Shade structure (coaster overlook) — a 35 foot diameter steel gazebo providing shade for guests watching the coaster; • Shade structure (zip line overlook) - a 35 foot diameter steel gazebo providing shade for guests watching the zip line; • Shade structure (canyon overlook) - a 35 foot diameter steel gazebo providing shade for guests at canyon overlook; • Shade structure (zip line) — a 200 square foot tent structure providing shade for guests at the zip line loading area; • Mini Golf — a 400 square ft log structure used as a tee shop plus several structures used to theme the course. • Maintenance Facility — a 3,000 square foot steel structure; • Employee Housing — a 30 -feet by 90 -feet modular structure with dormitory style rooms with common areas for restrooms, kitchens, and recreational areas. The structure would only be two stories tall to keep the structure below the height of the tree canopy (less Amendment to Special Use Permit for Glenwood Caverns Page 7 visual impact). The intent is to have structure used 4-5 months per year during the summer. • Employee Housing — a 400 square foot care takers cabin. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract of a approved water augmentation plan. RESPONSE: A pre -annexation agreement from Glenwood Springs that provides water and sewer service has been included as Appendix F. Currently, the water system indudes a pumping station at the tram base and a water line attached to the towers. Glenwood Springs' water is pumped up the water line to two 16,800 -gallon storage tanks that have been installed above the visitor's center. This water system has been in place for one year and is working fine. As part of the completion of the Retail expansion, a 150,000 -fire retention pond will be installed next to the existing tanks (see attachment 1). Currently, the generated wastewater is treated with two 2,500 -gallon septic tanks and one 7,000 -gallon storage tanks were solids are eliminated. The restaurant has an additional 1,500 -gallon grease trap that removes grease prior to entering the septic tank system. After the water has been treated in the septic tanks the remaining gray water is transported in a 1.5 -inch diameter line along the tram towers to an energy dissipation tank at the tram base. From the dissipation tank the gray water is pumped to the city sewer system. During the winter months we use an average water usage of 1,000 gallons per day. High Country engineering has designed a modification to our existing system to allow for a 2,000 -gallon capacity leach field that will be used in the wintertime only when the temperatures are to cold to pump to the city. This design was approved in Amendment 3. Additionally, the leech field that was previously approved and currently used only during the winter will now also be utilized for the intended employee housing. 3. A map drawn to scale portraying your property, all the structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. RESPONSE: A conceptual site plan of the portion of the property proposed for development is shown as Attachment 2. The relationship between the existing roadways and the site are shown on Exhibit 1 within the original application. 4. A vicinity map, showing slope of you property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. Amendment to Special Use Permit for Glenwood Caverns Page 8 RESPONSE: A Vicinity Map of the property showing contours has been included as Attachment 1. 5. A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private landowners adjacent to your property. Include a list of all property owners and their addresses. RESPONSE: A graphic depicting the property on the Assessor's Map is included within as Exhibit 2 of the original application (see Appendix A). The adjacent landowners are as follows: Parcel Number Property Owner 2185-053-00-035 City of Glenwood Springs 2185-033-00-035 2185-041-00-963 2185-044-00-007 2185-044-006 Joseph and Celina Claudon Bureau of Land Management Lyle and Kathy Moss Pitkin Iron Corporation Mailing Address 101 West 8th Street Glenwood Springs 217 Rosebud Glenwood Springs PO Box 1009 Glenwood Springs 1900Georgia Landing Austin, TX 0755 Airport Road Glenwood Springs 6. Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the property owner, you must attach an acknowledgment from the property owner that you may act in his/her behalf RESPONSE: A copy of the deed and legal description of the property is included within the application as Attachment C of the first amendment. Authorization from the Property Owner is included as Attachment E in the first amendment. 7. For all applications pertaining to airports, the oil and gas industry, power generation and/or transmission industry, or any other classified industrial operation, you must submit an impact statement consistent with the requirements of Sections 5.03, paragraphs 1 through 3; 5.03.07, inclusive; and 5.03.08, inclusive. RESPONSE: No industrial uses are proposed in association with the requested text amendment or Special Use Permit. Amendment to Special Use Permit for Glenwood Caverns Page 9 Special Use Permit Review Criteria As listed under the Zone District Rhegulamti'dOe=,ana dl elsewhere in tional and this Resolutiopecial uses shall conform to all requirements listed plus the following requirements: 1. Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; RESPONSE: A pre -annexation agreement from the city of Glenwood Spring's allowing water supply and sewer disposal by the city systems. 2. Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use. RESPONSE: An engineering report has been previously produced addressing the likely traffic impacts of the as Exhibit E iroject n n the first6 & 24 and Devereux amendment.Road. This Traffic Study has been included 3. Design of proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the • periphery of the lot and in such aocation manner to proteintensivelct established utilized neighbor, access neighborhood points, lighting and sign character. RESPONSE: Due to the existing topography of the cave site, it is unlikely that the structures or improvements will be visible from any adjacent properties. Approval of Conditional and Special Uses: Uses listed as conditional under the appropriate Zone District Regulation shall be permitted based on compliance with the requirements listed herein; where uses are listed as Special Uses, they shall be permitted only: 1. Based on compliance with all requirements listed herein, and; RESPONSE: The applicant has responded to all requirements contained in the Code for the proposed amendment to the previously approved Special Use Permit. • Amendment to Special Use Permit for Glenwood Caverns Page 10 • • • 2. Approval by the County Commissioners, which Board may impose additional restrictions on the lot area, floor area, coverage, setback and height of proposed uses or require additional off-street parking, screening fences and landscaping, or any other restriction or provision it deems is necessary to protect the health safety and welfare of the population and uses of the neighborhood or Zone district in which such special use is proposed to be located. RESPONSE: The applicant has mitigated all impacts, based on consultation with adjacent landowners and the Bureau of Land Management. Denial of Special Use: The County Commissioners may deny any request for special use based on the lack of physical separation in terms of distance from similar uses on the same or other lots, the impact on traffic volume and safety or on utilities or any impact of the special use which it deems injurious to the established character of the neighborhood or zone district in which such special use is proposed to be located. RESPONSE: There is adequate physical separation in terms of distance from adjacent uses. Application: All special use permit applications shall be filed by the owner or owners of the subject lot with the Planning Director on a form provided by the Planning Director for this purpose and shall consist of all information required of an application for a permit and subject to all administration procedures thereof plus the following: 1. Supporting information, plans, letters of approval from responsible agencies and other information to satisfy requirements listed under conditional and Special Uses in the Supplementary Regulations; RESPONSE: There are no re must approve the application. 2. A vicinity map be drawn to scale depicting the subject property, location of road providing access to the subject property, location and use of buildings and structures on adjacent lots and the names of owners of record of such lots; RESPONSE: A vicinity map has been previously presented as Attachment 1, and a Site Plan showing the location of the structures on the property is shown as Attachment 1. There are no structures on adjacent properties. Adjacent landowners are summarized earlier in the application. 3. A letter to the County Commissioners from the applicant explaining in detail the nature and character of the Special Use requested. (A. 79-132) RESPONSE: The entire application, including text, graphics, exhibits and attachments meet this requirement. atory authorities besides Garfield County that Amendment to Special Use Permit for Glenwood Caverns Page 11 • • • GARFIELD COUNTY • Building & Planning Department 108 8th Street, Suite 401 • Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.ciarfield-county.com STAFF USE ONLY ➢ Doc. No.: Date Submitted: TC Date: • Planner: Hearing Date: Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) Address / General Location of Property: GLEN woonCAui0-0S ➢ Street SEc-rz®N 3 s 44 owNsi#-2-? 4 So0-0-1RA-O&-L 89u4.)T > Legal Description: Use & Size of Property in acres: $R. 4cR_cS > Existing of Special Use Requested: A EvD=rs00..•4-i- .6 Description ev 1 uSuJv 14-T Ti -n- Cr L -f udocma C4-11 t S Co KQ.0 L- P4-21( reunei > Zone District: i _ Name of Property Owner (Applicant): ?OW a 2 1.3C 51000 -Two 1a 3 `Pt- Telephone: °170 HS 9228 X ), Address: v C" eo State: Zip Code: S! 1 FAX: 77o 9V S' 2 .),6009, JcNodO ➢ City: GLEN .?pR- Name of Owner's Representative, if any (Attorney, Planner, etc): Telephone: Address: State: Zip Code: FAX: City: STAFF USE ONLY ➢ Doc. No.: Date Submitted: TC Date: • Planner: Hearing Date: I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the subject property and public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, public and private landowners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of the subject property. (That information can be found in your title policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; • (3) uses of land through installation of screen fences or landscape materials on the periphery Design of the proposed use is organized to minimize impact on and from adjacent • of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.oarfield-countv.com/building and planning/index.htm, or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. • c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct a • ate to the best of my knowledge. "3-rEe b it C=X-1-4.. (Signature of applic- . e • • - Last Revised: 02/2006 v w w 5 e G 5 Nux«a0 CSA y te-uST Pow T&.) C. APPENDIX A PREVIOUS APPLICATION Glenwood Caverns Adventure Park • • Fair_; Caves Land Use Application - Submitted to: Garfield County Building and Planning Dept. Submitted on Behalf of : JMB Properties, Inc. PO Box 4491 Englewood, CO 80155 (303) 799-9828 ext. 152 and POW, INC. 5155 Raleigh St. Denver, CO 80212 Submitted By: Rock Creek Studio 220 Main Street Carbondale, CO 81632 970.963.1971 Date: September, 1998 Property Location: Section 3&4, Township 6 South, Range 89 West of the 6th P.M., Garfield County, Colorado riROCK CICREEK n5TUDI0i, j1 1 1 1 1 1 1 ro 1 Submittal Date: Applicant: APPLICATION Special Use Permit GARFIELD COUNTY PLANNING DEPARTMENT 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Telephone: 970.945.8212 Facsimile: 970.945.7785 ental LI 1CICIS . T MP12.017Egrias, ! (, . Base Fee: $400 Address of Applicant: PO- aC7`i. 4 N 9 1 RWALEV-(cpt $D Telephone: 3°3111 •ci 678 '1 .152. Special Use Being Requested: Cc M atl(.. E/Crtsz gAL— P/ 4L 1 (/PAP—K Zone District: 4t/' Size of Property: -78.53 ICzj Application Requirements: These items must be submitted with the application 1] Plans and specifications for the proposed use including the hours of operation, the amount of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and be specific. 2] If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan. 3] A map drawn to scale portraying your property, all structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4] A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,0,00 scale quadrangle map will suffice. 5] A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private landowners adjacent to your property. Include a list of all property owners and their addresses. 6] Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the property owner. you must attach an acknow1edonent from the property owner that you may act in his/her behalf. 7] For all applications pertaining to airports, the oil and gas industry, power generation and/or transmission industry, or any other classified industrial operation, you must submit an impact statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3: 5.03.07, inclusive: and 5.03.03, inclusive. The consideration of this proposed Special Use will require at least one (1) public hearing, for which public notice must be provided. The Planning Department will mail you information concerning this hearing(s). approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return receipt mail. all adjacent landowners and publish the notice provided by the Planning Department. in a newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and publication must be submitted at the time of the public hearing. 0 The inforrna ' contained within this application is complete and correct, to the best of my knowledge: Applicant: C" • Date: `-q • CL -I• q 1 1 1 1 1 1 1 10 1 Garfield County, Colorado 1 tZ APPLICANT• ZIA B MF--'Ct�S ,1998 ADDRESS OF APPLICANT: 17.0• Sa• 461. I F-14 C%L-6V1MD, GO Se) GS- "1141 - Proposed Zone DistrictAAmendlnent f is N‘CAM LL T tctgA ..}o.. F tui /PA k ASA sf ELl AL.. use Tf le x5y1 tot- Cr Lot Size: Applicant's Signature In support of this zone district amendment application, the petitioner must submit all of the following information: 1. Zone District map of subject property 2. Letter from the applicant staling the proposed zone district amendment and the reasons justifying the zone district amendment 3. List of owners of adjacen t property and their addresses as listed in the County Assessors office, including owners of property separated by public right-of-way 4. Fee of 5450.00 - payable to the "Garfield County Treasurer" 5. Vicinity map showing relative location of the property 6. Legal description or copy of the deed to the property •7. Letter of consent from owner(s) of property ropert if other than applicant han pp 1 1 1 1 1 1 1 • Glenwood Springs Fairy Caves Garfield County, Colorado Zone District Text Amendment gc Special Use Permit Application The Fairy Caves are located on a 78.83 parcel approximately .5 miles from the City of Glenwood Springs. A Vicinity Map is shown as Exhibit 1, and an Assessor's Map is shown as Exhibit 2. The property is currently owned by POW Incorporated and a deed is attached as Attachment A. Permission to pursue the application is attached as ` { Attachment B. A 35 acre parcel is currently leased by yrM JMB property for a period of fifteen (15) years, and all terms are disclosed on a copy attached as Attachment C. Exhibit 1 delineates the entire parcel as described by the .may. Assessor's Office records, and indicates the portion of the x' fr"- - "- property subject to the Special Use permit request. Theroe subject to the lease is the only P rt' J portion of the property subject to the Special Use Permit request. The applicant is requesting a Zone District Text amendment to include "Commercial / Recreational / Facility / Park" in the Agricultural/Industrial (A/I) Zone District as a Special Use. Following approval of the Text Amendment, a Special Use Permit is requested. The requested zone district text amendment would affect all properties in Garfield County currently zoned A/I. Only the property depicted on the lease and the attached site plan are subject the Special Use permit request. II. Project Proposal Proposed Operation and Improvements The applicant is proposing improvements on the site that would allow the re -opening of the Fairy Caves for public tours from approximately April to October, or as road conditions permit. The applicant intends on operating a maximum of twenty-four (24) van trips a day from the Hotel Colorado to the cave opening. The first two (2) years of operation, site improvements would be limited to the installation of a shade structure, a food cart, portable toilets and construction of trails and guard rails. An existing Remaining Property Area 7.' Property Area under lease 1000 0 1000 1000 `2000 P1 ROCK r CREEK GISTUDIO_r • Data Sources: Parcel information digitized from Garfield County Assessor's Office Maps, 1998. USGS v'lenwood Springs. Colorado' 7.5 Minute 1:24,000 Quadrangle Map used as overlay (Contour interval 408.) Photo revised 1987. 1 Fairy Caves Application Exhibit 1 Vicinity Map i 11 1 1 1 1 1 1 lib 1 VISTA HEIGHTS SEC. 34 SUB'DN.> SEC 3b 1-V/{ Subject Property junto' 11I1..0 3U0 ON. 2185-042 MIOIAHO \, StE M NO. 2185-05 2185-043 a \�\ .y T�1 BS OOY GLENWOOD SPRINGS IG -1 li 2185-091 T 2185-003 2185-004 Cad Tae Frwmpt ay of O.W.S. L -r 21853 /J3 It- Ter imrrnpt My %of o.w.3. 21 IG—I IG—DF City of 0.W.3 WI Ile 4111;1760 Fairy Caves Application Exhibit 2 rIROCK Assessor Map CREEK ISource: Parcel Map from Garfield County Assessor's Office Map 2185. 1 inch. 1,760' 0 (1:21,120) 1760 3520 5280 1 T 1 1 1 1 1 rio 1 1 structure on the site would be converted to a small gift shop. Site improvements necessary to ensure the - = safe operation and provide emergency ::.r ..1. .;I -?' J ` access would include a twelve (12) foot ' 'i5 31:-/ i' ► f i. " ' - wide roadwayto be extended to a '``' `t`'/ The precise timing of the construction future cave portal and visitor center. . f = ; "' f.w f .0. ' of the visitor center is highly dependent r.1: - } ,. " _,; ": on the success of the tours, but is not a�- .� : r �: �: tit 'f * 4. expected to occur before the period of 2002 to 2004. The structure would be located within an approximate building footprint of 40' by 50', and would step back into the existing slope to limit unnecessary grading and minimize visibility from the valley floor. Additionally, a trail link would be established from the existing portal to a planned portal approximately 57 feet vertically below the historic entrance portal. An additional trail is contemplated to provide access from the existing entrance to an overlook of the Colorado River Valley. A proposed conceptual site plan is shown as Exhibit 3, and is focused only on the portion of the property currently disturbed and proposed for development. A cross-section of the site is shown as Exhibit 4. Water and Sewer Initially, the applicant intends on using a cistern for water needs and portable toilets for waste disposal. At the time a building permit application for the visitor's center is submitted, the applicant will obtain an exempt well permit and submit an ISDS application. Due to the prevailing soil conditions on the site, it is likely that an engineered ISDS will be required. Percolation tests will be performed as part of the ISDS application process. The structure will not exceed the twenty-five (25) foot height limitation imposed by the A/I zone district, and will meet all setback and lot coverage requirements of the zone district. Access Access to the site is via Transfer Trail from the intersection with US 6 & 24. The lower reaches of Transfer Trail is a deeded public roadway. A portion of Transfer Trail traverses BLM property, and the applicant has met with BLM officials several times to ensure compliance with applicable policies. The BLM requested that the applicant have an engineer review the roadway and make recommendations regarding improvements to the roadway. A full discussion of likely traffic impacts and proposed mitigation is included within the Special Use Permit request. A copy of the easement granted for the portion of the roadway providing access from Transfer Trail is included within the application as Attachment A. Glenwood Springs Fairy Caves Garfield County, Colorado w Text Amendment and Special Use Permit rl ROCK CICREEK 1 1 1 1 1 1 1 r. 1 I III. History The historical "Fairy Caves" are located on approximately 40 acres 1/2 miles north of the City of Glenwood Springs. These caverns are considered some of the most intriguing caves of there kind in the State of Colorado. The Darrow family originally homesteaded the property in the late 1800s. In 1886, C.W. Darrow opened the Fairy Caves for public tours. In 1895 the cave tour was further refined to include pathways and electric lighting. In 1897 a tunnel was blasted to the cliff face providing a breathtaking view of the City of Glenwood Springs and the Colorado River valley nearly 1,200 feet below. Access to the cave was via Transfer Trail by horse or carriage. The cave remained open to public tours until 1917 when the cave was closed due to World War I. In 1960 a small opening, later called "Jam Crack", was found in the back part of the known cave. This subsequent discovery lead to the exploration of the lower sections of the cave system, which quadrupled the length of the cave. In 1961, POW, Inc. purchased the cave and 78.83 acres in hopes of reopening the property as a commercial tourism opportunity. During the last thirty-eight years several additional rooms and passageways were discovered which brought the total surveyed length of the cave to nearly two (2) miles. The cave and property have remained idle since POW, Inc. purchased the property, with very few people obtaining access to the cave system. In April of 1998, JMB Properties Inc. obtained a 15 -year lease for the property. A brochure prepared by the applicant to inform the public of the history of the caves is included as Attachment C. Nature of the Fairy Caves The elevation of the caves are approximately 7,100 feet and include nearly two (2) miles of surveyed passageways with new regions being discovered continually. The caves retain a temperature of 52 degrees year around. The Fairy Caves are some of the most decorated caves in the State of Colorado, with a variety of formations including large stalactites, massive stalagmites, the largest cave bacon formation in the State, rare gypsum flowers and needles and the exceptionally uncommon aragonite crystals. The cave system contains two of the largest rooms in the State of Colorado. The "Barn" has a ceiling height that exceeds a five story building. "Kings Row" is literally a paradise with many unusual and very beautiful active formations lining its entire length. Glenwood Springs Fairy Caves a_. Garfield County, Colorado - Text Amendment and Special Use Permit Pi ROCK CREEK MSTUDIOu. r i I t 4 N. Site Description ��`: The property is located approximately .5 miles north of Downtown Glenwood Springs. The caves are located at the end of a private easement from Transfer Trail. The entire property is located in mountainous terrain, with the area proposed for activity associated with the caves being disturbed in the past. The area proposed for additional tourist facilities is relatively flat, with grades of 5 to 8 percent. Due to existing topography and the "bench" created during prior disturbance, it is unlikely that the proposed structures proposed for the site will be visible from the Valley Floor or adjacent properties. There are no natural or man-made drainages associated with the property. Soils in the area of proposed development on the site include Torriorthents - Camborthides-Rock Outcrop complex.' This broadly defined unit consists of exposed sandstone and shale bedrock, loose stones and soils that are shallow to deep over sandstone and shale bedrock and stoney basaltic alluvium. This complex occurs throughout the general area The rock outcropping is mainly Mesa Verde sandstone and Wasatch shale. Some areas are covered with basaltic boulders and stones. In addition, the property includes Jerry loam and Torriorthents - Rock outcrop complex in the steeper areas that are not proposed for disturbance. A SCS soil map with the approximate property boundaries is attached As Exhibit 5. Native vegetation on the undisturbed portions of the site include wheatgrasses, bluegrasses, Indian ricegrass, needlegrasses, bitterbush, mountain mghogany, sagebrush and an overstory of pinyon and juniper. V. Approvals Requested The property is currently zoned Agricultural/Industrial (A/I), and a Comprehensive Plan Study Area I designation of Medium Density Residential (6 -9 acres per dwelling unit). The allowed uses within the A/I zone district are attached as Attachment F. The proposed use on the property most closely fits the "commercial recreational /facility/park" which is allowed as a special use in the A/R/RD zone district, but is not allowed in the A/I zone district. Based on consultations with Planning Staff, the applicant has chosen to pursue a text amendment which would include commercial recreational facility/park within the A/I zone district as a Special Use. Following approval of the text amendment, the applicant is requesting a Special Use Permit for the proposed use. Soil Survey of the Rifle Area. Colorado. Parts of Garfield and Mesa Counties United States Department of Agriculture, Soil Conservation Service, 1977. Glenwood Springs Fairy Caves Garfield County, Colorado Text Amendment and Special Use Permit rI ROCK riCREEK T1STU IO.. • rI ROCK Pi CREEK nSTUDI0L:P 1 inch = 2000' (1:24000) 2000 0 2000 4000 6000 Source: U.S. Department of Agriculture Soil Conservation Service Soil Survey, Ride Arca, 1:24000 Map, 1980. Parcel information digitized from Garfield County Assessor's Office Map 2185, 1998. 1 ir 1 1 1 1 1 1 Ffb • Text Amendment Section 10.01.01 of the Garfield County Zoning Resolution of 1978, as amended represents the text amendment in the following fashion: Amendment to the text of this resolution ora Planned Unit Development Resolution and not affecting the shape, boundaries or area ofany district such amendment shall be referred to hereinafter as a Text Amendment. (A-82-II3). Section 10.02.01 addresses the initiation of a text amendment with the following language: Text Amendment: Any owner of rea 1 property affected bysuch a change, the County Commissioners or the Planning Commission RESPONSE: A letter authorizing the applicant to pursue the proposal is included within the application as Attachment B. Section 10.03 and Section 10.03.01 establishes the following submittal requirements for a text amendment: Each land owner application for amendment shall be .1:I7 the form ofa written request to the County Commissioners identifying the applicant and clearly stating the nature of the proposed amendment andreasons in support of such a change. Response: The entire text, graphics and attachments satisfy this submittal requirement for a text amendment. The applicant is requesting that the specific use "Commercial/Recreational Facility/Park be inserted as a Special Use within the Agricultural/Industrial (A/I) zone district. The provision of a Special Use was used to ensure that the County would have sufficient review authority for projects proposed within the A/I zone district as opposed to the existing Conditional Use process. An existing zoning map is shown as Exhibit 6. The applicant addresses the applicable review criteria in the following discussion, including compliance with the Comprehensive Plan. The following discussion is based on a comparative analysis of the applicable portions of the Plan. Italicized text is taken directly from the Plan, followed by a response regarding compliance with the goals, objectives and policies from the Plan. Glenwood Springs Fairy Caves : Garfield County, Colorado Text Amendment and Special Use Permit Pi ROCK riCREEK • • Subject Property UNNT HILL, 3U0 DN. grAri Fairy Caves Application Exhibit 6 1 Existing Zoning 4;60 I inch = 1,760' 0 Source: Parcel Map from Garfield County Assessor's Office Map 2185. (1:21,120) 1760 3520 5280 rl ROCK CREEK n51010. Open Spnee A,gricultural Industrial City Agricultural/Residential/ Rural Density 1 • 4.1 Commercial and Industrial Uses Goals Geld County will encourage the retention and expansion of convenient, viable and compatible commercial development capable ofprovidinga wide varietyofgoods and services to serve the citizens of the County. RESPONSE: The applicant is re -opening a historic tourist attraction that is clearly consistent with the tourist -related economy crucial to the success of the City of Glenwood Springs and Garfield County. The opportunity to re-establish the caves as a publicly accessible attraction will continue to diversity the breadth of tourism opportunities in the region. Objectives To ensure that commercial and industrial development are compatible with adacent laird uses and mitigate impacts identified during the plan review process. RESPONSE: The applicant has contacted adjacent land owners, including the BLM to mitigate impacts associated with the project. This most significant issue associated with the project is additional traffic on Transfer Trail which provides access to the site. The provision of van shuttles from a satellite location will reduce the trips associated with allowing direct passenger -vehicle traffic to the cave entrance. As a part of conditions of approval associated with the required BLM access permit, the applicant has agreed to address dust control, drainage control and as -needed blading of the road to further mitigate potential impacts. Encourage the location of commercial development in appropriate areas that maximizes convenience to County Residents RESPONSE: The physical location of the caves are located less than two (2) roadway miles from the Glenwood Springs downtown. Glenwood Springs is the concentration point and the most significant bed -base in Garfield County during the proposed yearly operating period of the tours. Ensure that commercial development is conducive to safe and efficient traffic flow, reduces vehicular movements and encourages alternate transportation modes and the use of mass transit. RESPONSE: The applicant will be operating a van shuttle between the Hotel Colorado and the site. This will greatly reduce the impacts associated with the proposed project if individual vehicles were allowed to access the site. A full description of likely traffic Glenwood Springs Fairy Caves Garfield County, Colorado Text Amendment and Special Use Permit PI ROCK riCREEK r15TUD10 . 1 1 1 • impacts and proposed mitigation is contained within the Special Use Permit portion of the application. Ensure that the type, size and scope of industrial and commercial development is consistent with the long- term land use objectives of the County. RESPONSE: The proposed project is a low -intensity commercial operation that is consistent with the local importance of tourism in the County. The scale of the project has been kept to a minimum. Ensure a commercial and industrial development policy that is environmentally sound and acceptable to County residents and policy makers RESPONSE: The applicant has mitigated the likely environmental impacts of the project, including the use of van shuttles to reduce traffic impacts and has sited the proposed improvements to minimize visibility, grading and vegetation removal. Policies Landscaping and screening wi71 be required to address specific visualimpacts of industrial and commercial development. RESPONSE: Due to the existing topography of the site, it is unlikely that the structures or improvements will be visible from any adjacent property or the Valley floor. No landscaping or screening is necessary. The project review process willinclude the identification and mitigation of transportation impacts related to commercial and _industrial development. RESPONSE: A full description of the likely transportation impacts of the project are discussed within the review criteria for a Special Use Permit. Section 5.03.09 of the Garfield County Zoning Resolution of 1978, as amended is the only section of the Code that addresses the addition of uses not itemized in a particular zone district. Specifically, the code establishes the following criteria for reviewing a text amendment proposal. Uses Not Itemized: Upon application or on its own initiative, the County commissioners may, by resolution, add to the uses listed fora Zoning District any other similar use which conforms to the conditions set forth in the following specialfndings• (1) Such use is appropriate the physiographic and genera' environmental character of the District to which itis added, Glenwood Springs Fairy Caves Garfield County, Colorado Text Amendment and Special Use Permit rl ROCK CiCREEK rai STUDIO., 11111 • RESPONSE: The proposal is somewhat unique in that the location of the caves is defined by an unusual combination of precisely the right geologic and hydrologic conditions for the formation of the caves. (2) Such use does not create anymore hazard to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the District to which itis added; RESPONSE: The existing uses within the A/I zone district are some of the most intensive uses allowed within the County. For example, Conditional Uses include a aircraft landing strip, salvage yard and sanitary landfill. The applicant's proposal will result in impacts far more benign than those typically associated with these uses, and will require a heightened level of review that is contained within the Special Use Permit process. (3) Such use does not create anymore offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses permitted in the District to which itis added; RESPONSE: The proposed project will not result in any offensive noise or vibration during its operation. Some blasting will be required to open up access to the lower reaches of the cave system, but this impact is only temporary. Dust will be addressed using magnesium chloride applications, consistent with the requirements of the Bureau of Land Management. No smoke odors or glare will be emitted from the site during operation. (4) Such use is compatible to the uses existing andpermitted in the district to which it is added RESPONSE: As demonstrated in the application, the proposal has been scaled to ensure that the use is compatible with the uses allowed in the A/I zone district. This has been addressed through mitigation, as well as the proposal to include the use as a Special Use and require a level of review far more stringent than either Uses by Right or Conditional Uses. Special Use Permit Request Assuming the Planning and Zoning Commission and the Board of County Commissioner's approve the proposed text amendment, the applicant is requesting a Special Use Permit for the Fairy Caves. Compliance with submittal requirements and standards of review are summarized below. Italicized text is taken directly from the applicable portions of the Zoning Resolution, followed by a response to each requirement. Glenwood Springs Fairy Caves Garfield County, Colorado Text Amendment and Special Use Permit PIROCK CREEK r15TUDI0,r 9 e • 74, • • Submittal Requirements 1) Plans and specifications for the proposed use Including the hours of operation, the amount of vehicles accessing the site on a dally, weekly and/or monthly basis; and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and be specific. RESPONSE: The applicant is proposing to conduct seasonal tours originating from an office in the Hotel Colorado to the site of the historic caves. Tours would operate from April to October, weather permitting. Visitors would be shuttled to the site via 25 -passenger vans to minimize the impact on adjacent neighbors and the existing roadway. Total van trips per day under the requested Special Use Permit would be 24 round trips per day, or 48 total trips along the road alignment to the site. In addition to the trips associated with tours, it is expected that approximately 12 trips (6 round trips) would be associated with the maintenance and management of the endeavor. Specifically, the applicant agreed to blade the road as necessary, clear vegetation around corners to ensure adequate sight distance, apply magnesium chloride as needed to control dust and to place signage at the bottom of Transfer Trail to alert users of the road of the presence of vans. The engineer's analysis is included as Attachment C, and the entire application is being forwarded directly to BLM for comments to the County. Proposed structures, as shown on the Conceptual Site Plan (Exhibit 3) include the conversion of an existing storage structure into a small gift shop, the installation and maintenance of two (2) portable toilets, the construction of a shade structure and a small food cart. In the future, the applicant intends on constructing a permanent visitor's center near a future cave portal (see plan). A series of trails and stairs will be installed to take advantage of the remarkable vistas that open up at key points on the property. 2) If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. Ifyou will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, includinga water allotment contract or an approved water augmentation plan. RESPONSE: During the initial operation of the site, no on-site water services will be used. A cistern would be buried on the site, and portable toilets will be used. In the future, a well permit would be obtained and drilled to provide domestic water for the operation. Glenwood Springs Fairy Caves Garfield County, Colorado Text Amendment and Special Use Permit rI ROCK CiCREEK fa STUDIO,. A map drawn /0 scale portraying your property, all the structures on the property, and the County or State roadways within one (1) mile of your property. Ifyou are proposing a new or expanded access onto a County or State roadway, submit driveway orhighway accesspermlt. RESPONSE: A conceptual site plan of the portion of the property proposed for development is shown as Exhibit 3. The only existing structure is a small concrete storage building which will be converted to a small gift shop, as shown on the Site Plan. The only additional structures proposed for the site include a shaded canopy, a small gift shop and food cart, and a 3,000 to 5,000 square foot visitor's center which would be constructed in the future. The relationship between the existing roadways and the site are shown on Exhibit 1. 10 4) A vicinitymap, showing slope of your property, for which a U.S. G.S 1.24,000 scale quadrangle map will suffice. RESPONSE: A Vicinity Map based on the USGS 7.5 minute Quadrangle Series with 40 foot contours is included within the application as Exhibit 7. 5) A copy of the appropriate portion ofa Garfield County Assessors Map showing all public and private landowners adjacent to your property. Include a list of ail property owners and their addresses. RESPONSE: A graphic depicting the property on the Assessor's Map is included within the application as Exhibit 2. The adjacent land owners are as follows: Parcel Number Property Owner 2185-053-00-035 City of Glenwood Springs 2185-033-00-035 2185-041-00-963 2185-044-00-005 2185-044000-007 Joseph and Celina Claudon Bureau of Land Management Chimes Investment Club Lyle and Kathy Moss Mailing Address 806 Cooper Avenue Glenwood Springs PO Box 1904 El Jebel PO Box 1009 Glenwood Springs PO Box 1904 Glenwood Springs 1900 Georgia Landing Austin, TX Glenwood Springs Fairy Caves Garfield County, Colorado f,.;,,:= Text Amendment and Special Use Permit Pi ROCK CICKEEK MSTUP10„ • •C, w1s ti r,'•� .•x J M1 'f Subject. Propelr • Colarato PI ROCK NCREEK n5TUDIO., • Data Sources: Parcel information digitized from Garfield County Assessor's office Maps, 1998. USGS Glenwood Springs, Colorado 7.5 Minute 1:24,000 Quadrangle Map used as overlay (Contour interval 44ft1 Phmtn revised 1987 Fairy Caves Application Exhibit 7 Topography 1 1 1 1 1 1 • 11 6) Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the property owner, you must attach an acknowledgment from the property owner that you may actin lis/her behalf. RESPONSE: A copy of the deed and legal description of the property is included within the application as Attachment A. Authorization from the Property Owner is included as Attachment B. Authorization from the applicant to be represented by Rock Creek Studio is included as Attachment F. 7) For all applications pertaining to airports, the oil and gas industry, power generation and/or transmission industry, or any other classified industrial operation, you must submit an impact statement consistent with the requirements of Sections 503, paragraphs 1 through 3; 503.07, inclusive; and 503.08, inclusive. RESPONSE: No industrial uses are proposed in association with the requested text amendment or Special Use Permit. Special . Use Permit Review Criteria As listed under the Zone District Regulations, conditional and special uses shall conform to all requirements listed thereunder and elsewhere in this Resolution plus the following requirements: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; (A. 97-60) RESPONSE: The applicant currently does not envision the installation of a well until the construction of the visitor's center. Until that point, the applicant is proposing the use of a cistern to provide domestic water to the site. In addition, portable toilets will be used until a ISDS is installed when the visitor center is constructed. Electricity is available on-site. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, con venientaccess to the use shall either e in place orshall be constructed in conjunction with the proposed use. RESPONSE: An engineering report has been produced addressing the likely traffic impacts of the project on Traver and Transfer Trail, in addition to the access easement Glenwood Springs Fairy Caves Garfield County, Colorado 1=„ Text Amendment and Special Use Permit PI ROCK CICREEK riSTUDIO, 1 fb 1 1 1 1 1 1 • 12 that provides direct access to the cave portals. The report is attached, including traffic counts, in the application as Attachment D. Traffic Levels. The engineering report has estimated that total trips associated with the proposed use will reach forty (40) round trips, or eighty (80) total vehicle trips per day along the total length of the access to the Fairy Caves. This is roughly the traffic generated by eight (8) single-family homes, based on commonly applied ITE Traffic Generation assumptions. Table 1 summarizes the expected traffic generation with existing traffic counts taken in July of 1998. The roadway capacity is based on the Garfield County Road Standards with the Subdivision Regulations for the existing geometry and surface conditions of the road. As shown on the table, the expected roadway volumes with the project's traffic added will not exceed the ability of the road to handle additional traffic. Trip generation is based on the applicant's total trip estimation, and existing (background) traffic is based on the traffic counts included within Attachment D. TABLE 1 EXISTING AND PROPOSED TRAFFIC VOLUMES Traffic Criteria Fiiday Saturday Sunday Monday Tuesday Wednesday 07.17.98 0718.98 0719.98 07.20.98 07.21.98 0722.98 Total Daily Vehicles 77 108 40 47 40 22 AMPeak 5 12 4 6' 7 3 PM Peak 13 15 15 8 7 9 Prn, ject 80 80 80 80 80 80 Total Daily future 157 188 120 127 120 102 Trips Roadway Capacity 200 200 200 200 200 200 96 ofCapacity 78.556 94.0% 609 63.5% 6096 51.0% Proposed Mitigation. The engineer has made the following recommendations, which the applicant has agreed to as reasonable mitigation. 1. A culvert will be installed at the intersection with Traver Trail. This will allow the water in the burrow ditch on the eastern side of the road to make it to the natural drainage on the west side without crossing the surface. 2. All debris will be removed from the road side drainages. This will reduce the possibility of storm water runoff exiting the ditch and crossing the surface of the road. • Glenwood Springs Fairy Caves Garfield County, Colorado ; Text Amendment and Special Use Permit r1 ROCK riCREEK MSTUDIO, -f- 14Y-; ' . • • : n:; • 7.:4- Ii: 1y•• r • 13 3. Existing culverts will be cleaned. Culverts that are even partially filled with sediment and debris are unable to function properly during intense precipitation events. 4. All brush will be removed or cut back in select areas to improve site distances. Most of the removed vegetation will be scrub oak. 5. Soft spots along the roadway will be repaired by using a subdrain system or by replacing sections of the roadway with imported clean pit -run. 6. Dust will be controlled with magnesium chloride as necessary. 7. A sign shall be installed near the intersection of Traver Trail and Transfer Trail to alert other users of the road to van traffic. (3) Design ofproposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location ofintensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. RESPONSE: The proposed improvements will not be visible from adjacent uses, due to the existing vegetation and topography of the site. Approval of Conditional and Special Uses: Uses listed as Conditional under the appropriate Zone District Regulation shall be permitted based on compliance with the requirements listed herein; where uses are listed as Special Uses, they shall be permitted only: (1) Based on compliance with all requirements listed herein, and; RESPONSE: The applicant has responded to all requirements contained in the Code for both requests (Text Amendment and Special Use Permit). (2) Approval by the County Commissioners, which Board maylmpose additional restrictions on the lot area, floor area, coverage, setback and height of proposed uses orrequire additional off-street parking, screening fences and landscaping, or any other restrktion or provision it deem is necessary to protect the health safety and welfare of the population and uses of the neighborhood or Zone district as a condition of granting- the special use. RESPONSE: The applicant has mitigated all impacts, based on consultation with adjacent land owners and the Bureau of Land Management. Glenwood Springs Fairy Caves Garfield County, Colorado Text Amendment and Special Use Permit r1ROCK C1CREEK foSTUP10:.. 1 1 1 1 1 1 1 rei 1 1 • 14 Denial of Special Use: The County Commissioners may deny any request for special use based on the lack of physical separation in terms of distance from similar uses on the same or other lots; the impact on traffic volume and safety or on utilities or any impact ofthe special use which it deems injurious to the established character ofthe neighborhood or zone districtin which such special use is proposed to be located. RESPONSE: There is adequate physical separation in terms of distance from adjacent uses, and the applicant has addressed the impact of additional vehicle trips on the access road. Application: All special use permit applications shall be filed by the owner or owners of the subject lot with the Planning Director on a form provided by the Planning Director for this purpose and shall consist of all information required of an application fora permit and subject to all administration procedures thereof plus the following: (1) Supporting information, plans, letters of approval from responsible agencies and other information to satisfy requirements listed under Conditional and Special Uses in the Supplementary Regulations; RESPONSE: There are no regulatory authorities responsible for monitoring or inspecting underground caverns used for tourist purposes. The applicant has contacted the Colorado Geologic Survey and discovered no requirements promulgated by any State or Federal Agency. The Bureau of Land Management will be required to approve the access for the portion of Transfer Trail which traverses BLM lands. The applicant has submitted a copy of the application directly to BLM staff for comments. (2) A vicinitymap be drawn to scale depicting the subject property, location ofroads providing access to the subject property, location and use of buildings and structures on aqlacent lots and the names of owners ofrecord of such lots; RESPONSE: A vicinity map has been previously presented as Exhibit 1, and a Site Plan showing the location of the existing structure on the property is shown as Exhibit 3. There are no structures on adjacent properties. Adjacent land owners are summarized on page 10. (3) A letter to the County Commissioners from the applicant explaining in detail the nature and character of the Special Use requested (A. 79-132) RESPONSE: The entire application, including text, graphics, exhibits and attachments meet this requirement. Glenwood Springs Fairy Caves Garfield County, Colorado Text Amendment and Special Use Permit Pi ROCK CREEK MSTUDIO„. 1 1 1 1 1 1 1 Attachment A �• DEED AND ACCESS EASEMENT 1 • ri ROCK MCREEK f.15TUDIO, 1 1 1 1 1 1 1 • I • • -•••• 21.c.)Ul.: ail, : • • • oddo • .; • THIS DEED, made this '3rd t day oovember. 1961 between MEN DULIN UJVETT,)GREItHEN CROSS, and CLIFFORD B. DARROW of Garfield County, Colorado, NICHOLAS J. DARROW of Orange County, California, ARTHUR C. DARROW of Salt Lake, County, 'Utah, /VIES BEATRICE D•AltRow :Aid, Cuudwd L. •:- • 'en, ii...i.:g. ( I•te/' ',11,111: •. /.1: .-- DARROW of King County, 'Washington, JANE TYLER of dackscin-Countyi, miss urt, , ' • ALICE G. KOPP and WLLLiAM F. DARROW of Cook County, 111.inois, -HORACE F. • , ,• DARROW Of 'Santa Cruz County, California and HERMAN L. DARROW Of Ventura • , . . , , • County, •California of ,the first ,part, and PETER T. -PREBBLE,mad ROBERT , • • • . • r I O'cONNEL of Denver, -Colorado and HOBERT WILBUR of lionlde.r, 'Colorado of the - ! second part, . , . . .. -.•:, • - • . . ' ' ' I s . ' " . .WITNESSETH, ,That the said parties of the first part, for and In . , , - . • • , , r: consideration of the sum of Ten and no/100 ($/0) Dollars and other valuable . ''! ,• : . _, , considerations to the said parties of the'first part in band paid by the - . said parties of the second part, the receipt whereof is hereby Confessed and acknowledged, have remised, released; sold, cony'eyed and quit claimed, and by these presents do remise; release, sell, convey and quit claim unto 'the Said parties of the second part; their heirs, successors and assigns, , : . - • , . forever, all the right, title, interest, claim and demand which the said p P parties of the first part. have in and to the follOwing-:described land situate and being in the County of Garfield sitd,State Of Colorado, ••• td -wit: ,, • • .. ,1. , r • , . , C The NAW of Section 3, and Lot:10 of Section'4, in Tp. 6 S.,.R.. 6941. 6th P.M,: :Also,: alI of grantors ' ' right, title, arid interest; if any,,,in all rights -of- _ way and all ,other.rightsand 'privileges; 'if any, over, along, Scram:4'6nd upan,Lot 6 of Section 4; Tp. 6 S., R. 89 14. 6th P.M., as .reserved by that certain deed .•recorded in `Book, 20 at Page 405 of the records in the toffice•Of the Clark and 'Recorder of. Garfield County,. Colorado,, 4 ', • •t .• ',* . , 4 , , • • k • , . . . She grantees shall assume and agree to pay all general taxes • ..„ .1, 4r . • subsequent to these of the year 1960, payable In the year 1961. 4: .1' -. 4 • :',4,:, , •• 4 , „ -; : , ,t .- • ' 7 - : • : .' . ,, Provided also that the grantors make do representation .nor warranty ' ,. s.---, . i- • ' . ` 2 : . ' ' .47 ' • ' • ..:- . • ', ; . .. • • ...."' • • '• • - . of acreag.,isor-of anytitle -fa them.whatsoeirerriinetlie grantors donott ' ,• _. • .• .. , li • ; . : .: , ; • • . , '.. .. , .. Nadertake, to ` warrant the iadatian or ixistenr.e of any cave or caverns upon •''i L -,'.`, '', •••! • ' • . / -' i ' I. ' - - / - !'• I: 4 14'; , .;•••.-, , , • , . „. ..4 , . . . • , . • .• .7.. n •• • * `, 1 ' t : .. -. ...• `,. t ,..- • 1 2 , , 1. . 1 ! . ' . • ., '',,,C. ; .i .... . • Z. •:' 1 '..; • • 4. ,' , '' ... .i.tr, :: • 1 0 ). t . : ; •i,..1 • ,.., : i I.. ,.. .. , • I t I ue, 7nn1 the Hold pori 'lest llu fits! purl,•fut' tout in gni tj,!untinn of t , I 0Z DUi,LAtt and: Other ate nom tie "Recorded at g08 -0'elxk..A�1111r 1 . Jim: . _ :�4�.4. + _...._ : Book 357 iteedptienNo. .225315 Chas. S. ;Keegan ,: Page 449 Re•corder__ .- .. — "1'1:1s DEED, iII24th boyo: 1lfarch fada tidy ` RECORDER'S STAMP 'tin the year of out Lord one thousond nine hundred and 8 iJty-f our lsetwe.n • i'.E2.1:11 P. 1'RI:1iii1E and R0BER1' O'CGNN1 L of 110 t t grp1 County of Denver, and r 1Y•r/J4N(td•iny or ,Bou/der. • or cntorndo, of the fin1011, and • 'and Stale 1CiY,.INL'. • e t ' } a corporation organized and .!si::tintr under and, hp virtue or the Iowa of Use State of Co L of the,,etyuJ pssrt '.• •' - . 4. II:.•i.t,il partgood and .rraluatile consideratians� ('° tes •if Ila+ first part ht liand.paid by 1111! aid party of lh,• “eetuo1 -- -_. - .. ;1 1:•t:•i, • C it, ted nttl n:•l.It vlesh:rd.las Ve rtnnled, haryaiurd, sold and conveyed, mid by iltrxc pnc'cntnvdu rn[ G l:r:int, barymit, :.elle runvey iin1 confirm, auto the :said ports of the i..ci,nd past. its succe.r:." and =sloe forever, all of do" following. de:a•t'ilu''! lot : urinitsa•1 of land, niGmly, lying and Urine hi'thr ICountyar Garfield and : int.: of rale solo, l0•wili I i'The'N'Jyy.;7� of'Jectlon 3, and int 10 of Bectlon 4, in right., Jti title, and .intere's-t 11' any, 'all all rights -of - Of ['rnntors way, and all other rights and privileges, if. any, over, along, , across, ;and upon ..ot •6 of ticction'%4, ip. 6 Si,, • h. d8 Y..6Lh '-';Ll„ 'as reserved by that' certain deed recorded in Book 20 at Page 405 of the records 1n '.the ,off ice of. the iaerk and .Recorder; :of•Garfleld County, t olo'rado •„ 'ilii l7?t1Cif trills all 1110 sIIt t,lar Iter 1..1)AR ,,iia sill npp,n:. s•YnOwn en Milo 11 Lu•sausr ,•r m In ),,i:e I. �t:pl.., iaininlr, and the rent Idull said rnrrt:•iro... n1uaind••r and r.-nmin.l. u; nuts, 1.:urs that tllertnf: Allot all - ei.• ....law, dila. fide. inlemsl. tial:. cow .Irntait•I Dint..•:...,.:. ,,. I,q•nlY ...141I11.1., ill; in nn.l to Ih,•nlno.• bt.r yiw.. i 111•- >nh:Irul itt Suf 1111 flea part. ri:her i . I:.: . ! , • I j,r. ust:re. � ill. tl••• Lr!.••:aata•Y;rsauul appui6�i::ter..., 1 . :4!1111.1175 . Ni, III IIOLU Ihi. Mail poen,.: r slow, torstrinfvl Hud .l••..rih,al, with the ;tiq•iuirttntwes, unto the . . y'.':..l.lpat).aP1r. �ir�tmi, or ! t.hrm i.e. taucrcet, a and 11:xs;:i•:; (wryer. 41 Hi the nal pal t 'leu,.!' the fieri i s.•t VC Itr t... rt'.rlllaf .•n14t'atimini: tlal.•n.. d.. putt. jti1 j. Ih••.•aid past)' of the reyrnul part. it: bur r:rere :m•1 r.,j l,,' , grata. bargain :tlit :Imre In nw! Dills • i t!tr:...I tr:yt.i. thio • Aare' N'.•II ,....,. a::a::n:.. Ihnl 111 Iht• (init. of IN.',:.'. inuC mot d.iin ry of 4• d of Ila• pima., :a^ne r7an-••)•.'J, a.:.4;rood. mile. peer:, et, aU,,olute port I. i:,•4.ira. d 1.•, _itn, of iehrrii::ssn•. in law. in f. r :.ioq.l.. ow. 1.a ;re, g...nl sight, full i....... :.r.4 lawful saiihorl)- to .gnat. hail:014 Fit 11101 r011Vii• III, tm,tti• in ntauw•t- atd'rolus ns tti;•r.: yid. nue! ant 111.• :nine n is•• (r..• tad r1. II• (roar' i '11!1 li.tln.•r nut ether St alil::, bap:uin., wdvs. ii••,s, tats. r. n. s a:.ut.•ua, tool iurmnt.ran:.•. of tiud.•r•r laud or tattun '.nw•rrq; , • I. '1 sl:l Ow abate Issry;ain•vl Hemi:: • 4 1 thew,""qp t.nd n:lagns, a;.^aiwst on. h11ud �11r.'i Perms' tillti or I•eu�.n.. latc(1111Y pain ill; m1 ii 'claim thelo.hol•' or ntirinut , . patty of 11.e ser.n•I'part. is.. ^ Ow.ei.f, the raid Imtde8o1' lla• )'i1TI. pun vluitl and Will II:IIt1L%NT ANSI 101:1.1'1:1: III:IrENU .. • �. IN 817:111%ti tl'llll tEot', TiH" slid Pattie - s �, . and IN ri of the first gait Willie hereuisto wet the it' 11;11:.1 5 5 the slay and year Teti! above w att% !, :"..a..1. V. and lirlh+•rte! in Au Prrsvnut of I e t . 1, 1. • 11 % k• c ,, r _ 1, FTA1't 11[' WL011ADO. , i• ` . lSli . Ctty-and ;Cauntyur • Uenver " ( ° �j The fe t•1•e,ilyr iiuItisntn,t Hast nelatool :lost before me this •' ' • ' I I:'C4 .brPcttc fi•.`Lrebb1e, ltobcrt (. T ]' duyufc `sf. ) l.4- If , I' wont told Hobert ii'ilbti• '41.1 rNF.$i,uiy lmnd an a r' �! I J ufjiciol 111111. . ( ! iI ' arowsniratpu rxpir't - 1{O Y I /yr - t •) i c.__tt.... r...•s • IItbBT' lf�� twig; i ti 4 t • • 4 e "- , Nu4,, M• 1'u414•. ••,'If C Li-', 11 ittl:1N11 111-411 Tit rultl•ot:.l flo%_ • - - -- --- ` ..0 ..J f..' 1•4 t rile It M ,' _—.—� --_ -_.. f4t•:u.n.t'r t-lur.aad T 1 •- •i 1 - 1 s. . lie' 1 1 1 1 1 1 1 • • •r Book 338 2.9 any of said lands, and the grantors do not warrant nor guarantee any ease- ments or access rights to'or from the lands described above, it being intended that this dced,is,by way of quit'claim only. Provided further that thie deed is delivered upon'the condition that the grantees and their heirs and assigns shall not disturb nor take any action against the owners. operators, or'users of any television equip- ment of installation now Located upon, any of the above described'property, .but will permit the same to remain where located and allow the necessary operation, repair and maintenance thereof without any charge or interference, by the grantees, their heirs and assigns: TO.HAVE AND TO.HOLD the same,, together with ell and singular the appurtenances and privileges thereunto belonging or Ln anywise thereunto" appertalning..and ali the estate, right, title, 'interest and claim whatso- ever, of the said parties of the first part, either in law or equity; to the only proper use, benefit end behoof of the said parties of the second part. their heirs and assigns forever. ` IN WITNESS.NUEREOP,'The said parties of the first part have here- • untq.set;their hands and seals the day and year first above written. (j am e, t9-avL r(sEAL) lr21')6'1t/.K/.LsEAt) in (sEAL) l.•t ('( £c/�. )i�0 Ise.AL) r • (SEAL) 1 1 1 1 1 1 1 .,:firer QUIT-OLAlae DE LD. -1040.a. e...a ai.,..a n ....r •......rr rre ea,.a. 580,4 ao 47/0 J V , li!' fr l eetl, Made this .l- Jay of pt /�c-a'r�✓ �' 1 /y/� �j /� in /the year of our lord one N,w,sarul rr;ht hundred and itioy7i-('• � P -1-1-•r ., ltETwwBN 4! ��'!! .! [, fI�J G -i44- .i. of the County of. {.:GG And Stats f Colorado, of Nae first part, and (?. c-(t/1l &./14t"✓ of the County of ..,..F.(c: ,.r-L:CFI/ and Stale of Colorado, of the second part, IVITXRS.ShTN, that /he said art o0 µ f N fust part, for and in c�k anon of the sum of f "-- / 1` �LGG& f (elk�� /f -A Of Dollars to Use said part(/' of llw first µwt is hand paid ,p the said party(/ of the second part, Nae receipt whereof is hereby confessed and acknowledged, hra,i)/reuaised, teased sold, conveyed ,cel QU/ CL ldILED, ap y Nasse presents dentias, release, sell, convey awl QUIT-CLdLIf unto the said /earl!/ o/'�,a accusal (siert ',-/7.(_;7../ heirs are aasig forgive ,all lite right, title, interest, claim and darnrsnd which the said µarab o ltrr fila ?Uri n,Q/in ural ill alae following deseribed , _-,,- d.ilL .. situate. lying and being in the County of -4. L. r !{r�_and Skate v! Colorado, to wit: - ..// r� '/ _ ? I-,: 4"s.', cJP,c. •ty- .4.1/./r;:,-_,!. 14..6 ... _ /hr, �///(� - -t?' e'•'7/': 7 r,,,,r/} i 7: "/-ae,/Cvlt.l14../,,,,,ry 14 f�r!'� l,A,...4,:,i,e3 T s/C!� at. (- / " ,._ ._ 1,��1 Pl.t.t!.111L2PL�t1<os�r(�/ i �. / tt.tl l(..'' �7ke. 7�C� P-NA./2-4,i,ce_e.:14Le!l_.E__ira.r . Ce,., f _ (dA:t=—lac_ l,a�a<' / a.we/ { // n (r e �les- Q 1 •I fZeell(Q(,?.a—l<. ill Iii/ lig 1� ry,'/.. /_`.t__ L-�. �/ c) fc(.al,. Gt: r/�). (1I,(/p,1I_t_u,: !. p f0-.4!0 At: .R-',?.n-4P,414-42�(-4.wt..6�%/ f-t,e/U_,rl//I e /t, •f. -,y rl..i,.. (:C.t_tl_1_ (L��.A_af_ (..'.t7cre_ ✓L.Lor..c.id r':Jf Vt-.._ra-(.:PAG(�li.n- �. ,..,,t ..-.;A '(% _PA r, h"yi v :2�F(.u1"/'_P-Yiff:�/ .wfl V. 4/..L /.0_,.,2-1-0� s� f 1r� `.�r� �- a/!�^ ��J t�cl-rural _ .tet-!'1-L/4:`/Ci. -'T...it a -t " lit--. (t'/�✓'_t'�_.'d 1%C ! [Yl14Le'l--- (Jti,/ 1( (t).,_ r 't t 4.(77,:..,,•.,!. rP •C.,!�f0-l:i..//.ii�rr47Z /_.C7:1. IO % � r`/ft (,,.L(C ef jpiL(.//i:71.e.. .114/G r. -ate/ -07,`- f_Ctt-e C�,, G,.p ;(t.i.ifte . ,/ AU ...-21/1..6a.-1' .-- 4174:-.6_ r. 27.14 % y /-'o Aa,.....4.:•.L,‘-x_.' .- a..rL-n-l-_ 11 �t.K<.� e--.- 1 He { )v (t (1',0- �(,:l G• i� !.'r.� .--- it�_�:�Lf/i�,�r ..i-,2.�_- t--o_-_.�- Gct-e6•i/ a,�-1,zei,'�./4 t': r , _ d f ,c-l_a_el a- w /�ef1. 1w?- !"q r, -,.l el ,L•4 r(rraJ/�,1/i(-,:et.(C•F c6-.-1-a..,_ek ddirr.cfi iLGC-tL_j GCs.rte/ CA -1./Z/ (Ci.,•.G/,rC'`-11!-.t./,G1£c'dd-C.n.GcC%st11,6. .3l>�Q,r1 .,Tl! G.Ls�/2Z Z1LCEy�I�..�i I 7'0 11.11"11 .-X/J TO /101.0 T/(A' S.d.tl(Z, Weather with all and sing alar Ow appurtenances and privileges dooreanto belonging or in anywise thereunto appertaiuiasLe, cul all the estate, right, title, interestand claim. wlusisoeuer, alai said part,/ of the first part, either in 14111,or equity. 1. the only proper use, bane/it and behoof of the said µarty uf. rho second art .1' d' / /'*airs and assigns forever. IXIY'!7'Nh'SS IV'Ubllh'(11? the eels! µart of Lh#/,su Jetts )sea hereunto set /t.44� l� • hamLand saa�.11us day and year first above written. VV SIGNED, SEALED AND DELIVERED IN PRESENOE 01' 'i'. t'i•: (,),I top Lt)I/y'A I)0,jr 53. 1,. •Ktit e/I/. • L'a//, lav / e(r' 1 (. in am/ fur iaad(,uf ally, in the Slate aforesaid, do hereby ecrtify Oust. t�/".(LF{,i,,zz/• persurually !:mown la as r,r f`a persun to)agfe nanu,,1/l�sabscribesi to Nae day i,? person, and acknowledged that._ 711 signed, sealed and ,Zelsuere( . 171.4L.. Pres and voluntary aot,fyr the awes anal purposes Lly,/�ein set forth. / (linen under nay hand mm1.214•/t(•�c?-� tel this_/. " day of../ ��+�-•��(q.D.18�ej;. Deed,/appeared before me Nail 'se raid rutrrunentof writing as Ny eununiasaon aspires / •''t' 1 "-"4 )1 IS Y % Filed for Record the .17 dayoft.'L2) tel U 1b �1 a �� a ciooA�Cdf t -Recorder, !!y Deputy. �. 1 1 1 1 1 1 Attachment B (• PERMISSION OF PROPERTY OWNER • ',ROCK NCREEK 1 1 1 1 1 1 1 re' 1 1 • POW, INC 5155 Raleigh Street Denver, Colorado 80212-2609 August 10, 1998 Mark Bean Director of Building & Planning Garfield County 109 8th Street Glenwood Springs, CO 81601 Dear Mr. Bean: I Pete Prebble, president of POW, Inc. hereby authorize Steve Beckley & JMB Properties, Inc. to pursue a zoning text amendment and special use permit on the following property: South 1/2 ofNW/4 SW/4 Section 3 Township 6 South Range 89 West South '/z of Lot 10 Section 4 Township 6 South Range 89 West Thank you for your cooperation. et Prebble President 1 1 1 1 1 1 � Attachment C r� 1 • LEASE rI KOCK riCREEK G15TUDI0:.. 1 i 11 1 1 1 1 101 • LEASE 1. Lease. THIS LEASE, dated April 22, 1998, is between JMB Properties, Inc., a corporation organized under the laws of the State of Colorado, hereinafter called the Lessee, and POW, Inc, a corporation organized under the laws of the State of Colorado, hereinafter called the Lessor. The Lessor does hereby demise and lease unto the Lessee the real property described on Exhibit A attached hereto and made a part hereof (the "Property"), for the term of sixteen years and six months beginning on the date hereof and ending on October 22, 2014 (the "Term"). The Property shall include all surface and subsurface rights as described on Exhibit A, all of Lessor's water, ditch, well, and reservoir rights which are appurtenant to or which have been used in connection with said Property, all subsurface rights of Lessor to the extent of the cave, the entrance of which is on the Property, and which is more specifically described on Exhibit B hereto (the "Cave"), all easements, rights of way, licenses and rights or use of access described in Section 7 hereof as well as the Washington Lode in the event it becomes subject to this Lease in accordance A memorandum of this Lease may be recorded by Lessee in the real estate records of Garfield County, Colorado. 2. Term and Rent. This Lease shall commence on April 22, 1998, and terminate on October 22, 2014, subject to the terms and provisions contained herein. A. The period from April 22, 1998, until October 22, 1998, may be referred to as the "Due Diligence Phase." No rent shall be due Lessor during the Due Diligence Phase. During the Due Diligence Phase, Lessee shall have complete access to the surface of the Property for survey and evaluation of the Property and the Cave and Lessee may make two unguided trips into the interior of the Cave for surveying, mapping, and photography. In addition, Lessee may, at its cost and expense, drill sufficient holes into the various levels of the Cave to allow mapping and surveying of the interior dimensions and depth and light to the interior of the Cave. During the Due Diligence Phase, Lessee shall evaluate the suitability of the Property for Lessee's purposes as well as the status of title and access to the Property. If for any reason Lessee determines, in its sole and absolute discretion, that the Property is not suitable for Lessee's purposes or that title or access to the Property is not acceptable to lessee for any reason, Lessee may terminate this Lease and all obligations of Lessee hereunder. If Lessee desires to commence construction of Improvements on the Property prior to October 23, 1998, the Lessee may cause the Development Phase to commence on the first day of any month by written notice to Lessor and payment of rent as set forth in "B" below. Early commencement of the Development Phase shall not result in early termination of the Development Phase, which shall continue until October 22, 1999. B. The period from October 23, 1998, until October 22, 1999, may be referred to as the "Development Phase." Rent in the amount of $1,500 per month shall be due Lessor during the Development Phase. During the Development Phase, Lessee shall have complete access to the surface oldie Property and the interior of the Cave. During the Development Phase, Lessee shall continue to evaluate the suitability of the Property for Lessee's purposes and begin construction of improvements required for the Project. if for any reason Lessee determines, in its sole and absolute discretion, that the Property is not suitable for Lessee's purposes or the Project is not viable for any reason, Lessee may terminate this Lease and all obligations of Lessee hereunder at any time during the Development Phase upon 30 days prior written notice to Lessor. C. The period from October 23, 1999, until October 22, 2014, may be referred to as the "Operations Phase." Rent in the amount of $3,000 per month (the "Monthly Rent") shall be due Lessor during the Operations Phase except as specifically set forth herein. Commencing January 1, 2003, Lessee shall also pay to Lessor the amount of five percent (5%) of the Lessee's gross sales receipts from the Project as shown on Lessee's State of Colorado sales tax return ("Gross Sales Percentage") together with five percent (5%) of any rental or other revenue received from assignees or subtenants of Lessee ("Sublease Percentage"). The amount of Gross Sales Percentage and Sublease Percentage due to Lessor for each calendar quarter will be paid to Lessor within thirty days after the end of each calendar quarter, accompanied by a copy of Lessee's State of Colorado sales tax return for that quarter. D. At the end of the initial Term of the Lease and the end of each subsequent Term of the Lease, in the event Lessee is not in default under the terms of the Lease at the time of notice, Lessee shall have the right, upon 60 days written notice to Lessor prior to the end of the applicable Term, to extend the Lease for additional subsequent 10 -year terms. E. Commencing on January 1, 2003, and on each January 1 thereafter that this Lease is in effect, the Monthly Rent (but not the Gross Sales Percentage or Sublease Percentages) shall be increased by the following formula based on the U.S. Consumer Price Index ("CPI") for Urban Consumers, subgroup "All Items," Denver, Colorado Metropolitan Area published by the U.S. Department of Labor (the "Index") published nearest to the date of this Lease, or any previous increase as the case may be (the "Beginning Index") and published nearest to the date of the subject increase (the "Adjustment Index"). The Monthly Rent for the following calendar year shall be calculated by multiplying the existing rent by a fraction, the numerator of which is the Adjustment Index and the denominator of which is the Beginning Index. In no event shall the Monthly Rent increase by more than ten percent (10%) per year. F. All rent payments during the Term of the Lease or any extension or holdover thereof shall be paid to Lessor on the first day of each month, which sums shall be payable at the address of lessor at 5155 Raleigh Street, Denver, Colorado 80212-2609 or at such other address as designated. by Lessor in writing at least 30 days in advance. In the event any rent shall be due for any partial month, the rent amount shall be prorated based on the number of days of occupancy by Lessee. G. The Lessor shall warrant and defend the Lessee in the enjoyment and peaceful possession of the Property during the term aforesaid. The Lessee agrees to deliver up and surrender to the Lessor possession of said Property at the expiration or termination of this Lease. 3. Termination and Liquidated Damages. Lessee may terminate this Lease on not Icss than 60 days written notice to Lessor, at any time after the third year of the Operations Phase, and the Term of this Lease shall terminate on such 60th day, and Lessee shall quit and surrender the Property to Lessor, but Lessee shall remain liable to Lessor for all unpaid rentals, taxes, rentals and common area charges and assessments which are due and accrued and payable only up to the termination date, which shall be payable on the day of termination, together with liquidated damages in the amount of $10,000. The accrued rent and liquidated damages shall fully satisfy all amounts due under this Lease if so terminated under this Section. If this Lease is so terminated by Lessee, Lessor may at any time after the termination date resume possession of the Property by any lawful means and remove Lessee or other occupants and their effects. 4. Holding Over After Expiration. It is mutually agreed that if, after the expiration of this Lease, the Lessee shall remain in possession of said Property with the consent of the Lessor, then such holding over shall be deemed to be a holding upon a tenancy from month to month at a monthly rental equivalent to the monthly payments provided herein, payable in advance on the same day of each month as above provided; all other terms and conditions of this Lease remaining the same. In such event, Lessor shall provide to Lessee 60 days prior written notice of any increase in the rent, and both Lessee and Lessor shall provide the other party with 60 days written notice prior to terminating the Lease. 5. Warranties of Lessor. Lessor represents and warrants to Lessee that Lessor has good and marketable title to the Property in fee simple absolute, subject only to the lien of general taxes for the current year, payable the following year, and those additional matters, if any, set forth in Exhibit C attached hereto. Lessor hereby warrants and agrees that Lessor's ownership and use of the Property (and to the best of its knowledge, all prior ownership and uses) have been, and will continue to be, in compliance with all local, state and federal statutes, rules and regulations regarding land use, environmental protection and the handling and disposal of Hazardous Substances (those substances determined to be "hazardous", as adopted by the United States Environmental Protection Agency). Lessor further represents and warrants that neither Lessor nor, to the best of Lessor's knowledge, any other person or entity has ever caused or permitted any Hazardous Substances to be placed, held, located or disposed of on, under or at the Property or any part thereof and that neither the Property nor any part thereof has ever been used (whether by Lessor or by any other person or entity) as a treatment, storage or disposal facility or site (whether permanent or temporary) for any Hazardous Substances. Lessor will indemnify and hold harmless the Lessee and its officers, directors, representatives, employees, affiliates and subsidiaries against any losses, claims or damages incurred 2 P:\BECKLEYYGLENWOOD\LEASE4.WPD 1 1 11 1 1 1 MO 1 • or suffered by any of them as a result of any violation by Lessor of, or non-compliance with, any local, state and federal statutes, rules and regulations regarding land use and environmental protection. 6. Character of Occupancy and Construction. Lessor and Lessee acknowledge that Lessee may use the Property and the Cave for any lawful purpose except commercial mining or quarrying of limestone for resale, and that Lessee intends to develop the Property and the Cave as a commercial venture for development of visitor access to the Property and the Cave including, but not limited to, guided tours of the interior of the Cave, hiking trails, picnic areas, visitor facilities, museums, and educational displays (the "Project"). Lessee agrees that the Property shall be used and occupied in a careful, safe and proper manner by Lessee and Lessee's agents and employees. Lessor acknowledges and agrees that Lessee may construct improvements and structures on the Property including, but not limited to, gates, paved roads, lighting, paved parking lots, tramway facilities, sidewalks, picnic areas, buildings, and sanitary and recreational facilities (the "Improvements"). Lessee agrees that Lessee will not use or permit the Property to be used for any purposes prohibited by the laws of the United States or the State of Colorado, or the ordinances of the city or county in which the Property is located. 7. Easements and Rights of Way_ Washington Lode. A. The Property leased hereunder shall specifically include all of the easements, rights of way, licenses or rights or use of access (collectively referred to herein as "ROW") granted, assigned or inuring to the benefit of Lessor or the Property. The grant and lease of the ROW hereunder is expressly subject to Lessor's continued right to use the ROW so long as Lessor's use does not materially interfere with development or operation of the property or the Project. Lessee's lease and use of the ROW shall be for all uses contemplated by the Project, including public vehicular, or other, access to the Cave. B. Lessor agrees to provide to Lessee copies of all ROW granted, assigned or inuring to the benefit of Lessor or the Property, and of all ROW granted by Lessor to third parties. In addition, Lessor shall provide to Lessee copies of all correspondence to or from the U.S. Forest Service or Bureau of Land Management regarding the Property. C. Lessor will cooperate fully with Lessee should Lessee desire to terminate any express or implied ROW across the Property claimed by any third party, including the institution of any legal action to terminate such ROW which is requested by Lessee, provided the same is at Lessee's sole cost and expense. D. Lessor shall have the right to use any ROW presently benefitting the Property or obtained by Lessee for the benefit of the Property, for access to the Northern half of the parcel of real estate described on Exhibit A (the "Northern Parcel") provided such use does not materially interfere with Lessee's development and operation of the Property or Project. E. Lessor shall not grant any additional ROW across the Property during the term of this Lease without the prior written consent of Lessee. F. Lessor grants and conveys to Lessee the following easements which shall be appurtenant to, and run with, the land included in the leased Property: (1) An easement for public access and egress, utilities, telephone and water lines on all existing roadways on the Northern Parcel, including but not limited to those shown on Exhibit C hereto and for a proposed roadway as shown on Exhibit C, it being specifically understood and agreed that the location of the roadway may vary to provide the most efficient and economical access to the Cave from the BLM road in the northwest corner of the Northern Parcel. Such easements shall be 60 feet in width or wider if so required for designation as a county road. (2) A license to use up to one-half acre of land for construction and maintenance of a water tank to service the Property plus an easment for access to maintain and repair such water tank and for utilities, telephone and water lines from the water tank to the Cave 3 P:IBECKLEYIGLENW000\LEASE4.WPO approximately as shown on Exhibit C, it being specifically understood and agreed that such location of the water tank and easement may vary to provide the most efficient and economical access to the Cave. Lessor shall have the right to utilize water from the water tank for personal and residential use on the Northern Parcel. All such easements may be paved or surfaced by Lessee. Lessee shall pay all costs of maintenance of road surfaces on the easements. Lessor agrees to execute, and Lessee may record with the County Clerk and Recorder, Assignments of such easements which shall more specifically describe the legal descriptions of the easements, G. Lessor presently has an ownership interest in the property known as the Washington Lode. In the event Lessor becomes the 100% owner of any portion of the Washington Lode, Lessee shall have the option to lease all or a portion thereof, on the terms contained herein, at a pro rata Monthly Rent calculated as a ratio of the acreage of the leased Property to the acreage of the Washington Lode to be leased, all of which may be used for any purpose permitted herein. In such event, and if Lessee installs utility or phone lines on the Washington Lode property Lessor shall have the right to utilize the same for utility and telephone service to the Northern Parcel. Lessor reserves an easement over the Property for purposes of such utility and telephone service. 1-1. All utility and phone lines installed by Lessor and Lessce on any easement described herein, or on the Washington Lode, shall be installed underground, 8. Alterations and Improvements. Lessor Access and Cooperation. Lessee shall not make any permanent change to the interior of the Cave other than to insure the safety of visitors to the Cave, provide reasonable access within the interior of the Cave, and minimize the impact of visitors in the Cave (i.e., sidewalks, guard rails) without the prior written consent of Lessor. Lessee specifically has the right to construct a new entrance to, and interior access within, the Cave sufficient to provide commercial, public access by visitors as projected by Lessee. Lessor shall have the right to preapprove construction plans for a new entrance to the Cave, which approval shall not be unreasonably withheld. Lessor shall have the right at any reasonable time after normal business hours, at a time which is convenient to Lessee and after 48 hours' notice to Lessee, to enter on the Property and inside the Cave to examine and inspect such repairs, additions, or alterations as Lessee may deem necessary or proper for the safety, improvement or preservation thereof. Lessee shall have the right to accompany Lessor on all inspections of the Property and the Cave. Lessee shall make all reasonable efforts to insure that any repairs, additions or alternations to the Property will not adversely affect the character of the Property. The additions or improvements made by the Lessee and not permanently affixed to the Property, or which are affixed to the Property but can be removed by Lessee without damage to the Property, whether or not they are deemed to be fixtures, shall be deemed to be the personal property of Lessee and may be removed by Lessee at expiration of this Lease. Lessor shall assist and cooperate with Lessee in completing, filing, and executing any and all applications, variances, petitions, pleadings, or permits ("Approvals") required or advisable to quiet title to the Property or to obtain zoning approval, easements or rights for access, construction permits, or other governmental approvals ("Requests") necessary to the development of the Project. The Requests shall be submitted in Lessor's name if so requested by Lessee. At Lessee's request, Lessor shall assign to Lessee, for the term of this Lease and any extensions or renewals hereof, and in perpetuity upon the Lessee's exercise of its rights to purchase contained in. Sections 21 or 22 of this Lease, any Approvals or ROW granted pursuant to the Requests. The submittal of the Approvals and Requests and pursuit of the same shall be at Lessee's sole cost and expense. 9. Liens and Encumbrances. Lessee shall indemnify the Lessor against all claims, liens, claims of liens, demands, charges, encumbrances, or litigation arising directly or indirectly out of or by reason of any work or activity of Lessee on the Property and shall forthwith, within 60 days after the filing of any lien of record, fully pay and satisfy the same, and reimburse Lessor for all Toss, damage, and expense, including reasonable attorney's fees, which it may suffer or be put to by 4 P:IBECKLEYIGLENWOOD LEASE4.WPD reason of any such claims, liens, demands, charges, encumbrances, or litigation. If Lessee desires to contest any such claim or lien, it may do so after satisfactorily indemnifying Lessor against loss or expense thereon. In the event Lessee shall fail to pay and fully discharge or indemnify Lessor against any claim, lien, demand, charge, encumbrance, or litigation, or should proceedings be instituted for the foreclosure of any lien or encumbrance, Lessor shall have the right, at its option, at any time after the expiration of such 60 -day period, to pay the same or any portion thereof. Lessor may, at its cost and expense, post the Property with notices of its nonliability for mechanics liens, such notices to be in an amount and form reasonably satisfactory to Lessee. 10. Trade Fixtures. "Lessee's trade fixtures", as used in this Lease shall mean any and all personal property at any time or from time to time hereafter and prior to the expiration or earlier termination of this Lease attached to the Property, including without limitation, cabinets, merchandise racks, counters, showcases, shelving, partitions, carpeting, fans, heaters, kitchen appliances, and other similar items. Anything to the contrary in this Scction notwithstanding, so long as Lessee is not in default hereunder Lessee shall have the right at any time and from time to time during the Term hereof or any extension hereof to remove from the Property any and all of Lessee's trade fixtures. If Lessee fails to remove Lessee's trade fixtures at termination of this Lease, Lessor may, at Lessor's option, retain all or any of said trade fixtures not so removed, and title thereto shall thereupon vest in Lessor, or Lessor may remove from the Properly, and dispose of in any manner, all or any of said trade fixtures. Lessee, at its expense, shall immediately repair any damage to the Property attributable to the removal of any of Lessee's trade fixtures, whether or not such removal is permissible hereunder. Lessee shall pay any and all ad valorem or other taxes separately assessed and levied on its trade fixtures before the same become delinquent. 11. Repairs. Maintenance and Destruction. Lessee agrees, at all times during the Term hereof and each extended Term hereof, and at its own expense, to (a) maintain in good condition, and promptly and diligently repair any damage to, the Property, except to the extent such damage is attributable to the gross negligence or the intentional act or omission of Lessor, to fire or other insurable casualty or Act of God or the elements; (b) promptly and diligently repair any damage to the Property attributable to the gross negligence or the intentional act or omission or Lessee or its subtenants, employees or agents; and (c) maintain, and promptly and diligently repair the interior ofany improvements to the Property and every part thereof in order to meet the orders or demands from time to time of any government authority having jurisdiction thereof. Upon the expiration or earlier termination of this Lease, Lessee shall deliver and surrender the Property to Lessor in good order, condition, and state of repair, except for reasonable wear and tear, or damage or destruction from fire or Acts of God or the elements. In the event of any damage to or destruction of the Property, Lessee shall in no event be entitled to any damages from Lessor by reason of any inconvenience or loss sustained by Lcssee. 12. Subletting. Lessee agrees that it will not sublet the entire Property, nor assign this Lease, or any interest therein, without first obtaining the written consent of the Lessor, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, the Lessor hereby consents to the assignment of this Lease by the Lessee to a corporation provided Steve Beckley or Lessee is an officer and shareholder of the corporation, or to a partnership or limited liability company provided Steve Beckley or Lessee is a general partner or member, as the case may be. Also notwithstanding the foregoing, the Lessor agrees that Lessee may sublet portions of the Property to a sublessee or sublessees providing retail services such as a museum, gift shop, or restaurant. In the event of the assignment of this Lease by the Lessee to a corporation, partnership, or limited liability company, or sublease of a portion of the Property as set forth above, the Lessee shall nonetheless remain personally obligated for the performance of all terms and conditions of this Lease, including by example and not limitation, the payment of rent. 13. Default. If the Lessee shall be in arrears in payment of any installment of rent, or any portion thereof, or in default of any other covenants or agreements set forth in this Lease ("Default"), and the Default remains uncorrected for a period of 14 business days after the Lessor has given 5 PABECKLEYIGLENWOOD\LEASE4.WPD 1 1 1 1 • written notice thereof pursuant to applicable law, then the Lessor may, at the Lessor's option, undertake any of the following remedies without limitation: (a) declare the Term of the Lease ended; (b) terminate the Lessee's right to possession of the Property and reenter and repossess the Property pursuant 1.o applicable provisions of the Colorado Statutes; (c) recover all present and future damages, costs and other relief to which the Lessor is entitled including, but not limited to, the cost to recover and repossess the Property, the expenses of reletting, necessary renovation and alteration expenses, and commissions; and (d) pursue any and all available remedies in law or equity. In the event possession is terminated by a reason of Default prior to expiration of the Term, the Lessee shall be responsible for the rent occurring for the remainder of the Term, subject to the Lessor's duty to mitigate such damages. Upon such termination, the Lessor shall have available any and all of the above -listed remedies. If the Lessor shall be in default or breach ("Default") of any of the terms or this Lease and the Default remains uncorrected for a period of 14 business days after the Lessee has given written notice thereof, then the Lessee may, at the Lessee's option, terminate this Lease and Lessee's right to possession of the Property and Lessee's obligation to pay rent after Lessee has vacated the. Property. 14. Eminent Domain. In the event that the Property or any part thereof shall be taken or damaged by reason of any exercise of the power of eminent domain under governmental law, ordinance, or regulation, whether by a condemnation proceeding or otherwise, or in the event the Property or any part thereof shall be transferred in avoidance of an exercise of the power of eminent domain (all of the foregoing being referred to herein as "taking"), the rights and obligations of Lessor and Lessee with regard to such taking shall be governed by the provisions of this Section. In the event of the taking of the entire Property, this Lease shall terminate and expire as of the date of such taking. In the event of the taking of less than the entire Property, this Lease shall remain in effect or terminate as of the date of such taking at the sole option of Lessee. In the event of a partial taking, if this Lease remains in effect, the rent and purchase option price set forth herein shall be proportionately reduced in accordance with the amount of acreage remaining subject to this Lease. In the event of any termination pursuant to the provisions of this Section, both parties shall thereupon be released from any liability thereafter accruing hereunder, but all rentals and other charges then accrued shall immediately become due and payable by Lessee. Lessor agrees immediately after receiving notice of any taking to give to Lessee notice in writing thereof. Lessee shall have the right to appear and participate in any court, administrative, or other governmental proceeding related to any actual, threatened, or potential taking with representation by counsel of Lessee's choice. If this Lease shall terminate in any manner provided in this Section, Lessee shall have no claim against Lessor for the value of any unexpired tern of this Lease or any renewal thereof, but Lessee shall be entitled to that portion of the award, whether as purchase price, damages, or otherwise, for such taking, and such award shall belong to and be the property of Lessee whether such award shall be deemed compensation for diminution in the value of the leasehold or the value of the Property and improvements, to the extent of the percentage of the value of the Property attributable to Lessee's improvements and trade fixtures and ongoing business operations on the Property as determined by a MAI real estate appraiser satisfactory to Lessor and Lessee. Lessee shall have the right to claim and recover from the condemning authority, but not from Lessor (unless an award has been made to Lessor for the following items): (i) such compensation as may be awarded or recoverable for Lessee's improvements and Trade Fixtures, and (ii) such compensation as may be awarded to Lessee or recoverable by Lessee for any damage to Lessee's business operations done on the Property. The date of taking, as that phrase is used herein, shall mean the date title is vested in the condemning authority. 15. Property Vacated During Term of Lease. If the Lessee shall abandon or vacate said Property before the end of the Term of this Lease for a period of 60 days, the Lessor may, at its option, after 30 days written notice to Lessee, enter said Property, remove any signs of the Lessee therefrom, and re -let the same as it may see fit, thereby voiding and terminating this Lease; and for the purpose of such re -letting, the Lessor is authorized to make reasonable repairs in or to said 6 P:\BECKLEY\GLENWOODLLEASE4,WPD 1 1 1 1 1 1 1 to1 1 1 Property, as may, in the reasonable opinion of the Lessor, be necessary for the purpose of such re- letting. The provisions of this paragraph shall not be binding on Lessee if Lessee vacates the Property due to a Default by Lessor. 16. Removal of Lessee's Property. if the Lessee shall fail to remove all effects from said Property upon the abandonment thereof or upon the termination of this Lease, the Lessor, at its option, may remove the same in any manner and store the said effects without liability to the Lessee for Toss thereof, and the Lessee agrees to pay the Lessor on demand any and all expenses incurred in such removal including court costs and attorney's fees and storage charges on such effects for any length of time the same shall be in the Lessor's possession. The Lessor, at its option, and after 30 days written notice to Lessee, may sell said effects, or any of the same, at private sale and without legal process, for such prices at the Lessor may obtain, and apply the proceeds of such sale upon any amounts due under this Lease from the Lessee to the Lessor and upon the expense incident to the removal and sale of said effects, rendering the surplus, if any, to the Lessee. 17. Loss or Damage to Lessees Property. All personal property of' any kind or description whatsoever in the Property shall be at the Lessee's sole risk, and the Lessor shall not be held liable for any damage done to or Toss of such personal property, or for damage or loss suffered by the business or occupation of the Lessee arising from any act or neglect of other occupants of the building, or of the employees of the Lessor or of other persons, or caused in any other manner whatever, except in the case of neglect or negligence on the part of the Lessor. 18. Hold Harmless and Indemnity. Lessee shall hold harmless and indemnify Lessor, Lessor's agents and their respective successors and assigns, from all injury, loss, claims or damage to any person or property while on the Property, or arising in any way out of Lessee's business on the Property, which is occasioned by any negligent act or omission of Lessee, its employees, agents, invitees, licensees or contractors. Lessor shall hold harmless and indemnify Lessee, Lessee's agents and its respective successors and assigns from all injury, Toss, claims or damage to any person or property while on the Property, or arising in any way out of Lessor's ownership of the property or which is occasioned by any negligent act or omission by Lessor, its employees, agents, invitees, licensees or contractors. 19. insurance. Lessee shall, at Lessee's expense, obtain and keep in full force, liability insurance and workers compensation insurance as required by law in form and substance and from an insurer reasonably satisfactory to Lessor, and will, upon Lessor's written request, provide copies of insurance certificates evidencing the same to Lessor. Lessee shall, at its own expense, (a) maintain bodily injury liability insurance against such claims for personal injury or death for a limit of not less than $1,000,000 each person and not less than S1,000,000 each accident (and shall name Lessor as an additional insured under such policies); and (b) property damage liability insurance against such claims for property damage for a limit of not less than the lesser of the present value of Lessee's improvements and Trade Fixtures on the Property or $1,000,000 each accident. Lessee and Lessor shall provide to the other party copies of all insurance policies covering the Property or subject building, promptly upon the other parties' request. 20. Occupational Safety and Health Act. Lessee and Lessor, to the extent of their interests, shall fully comply with the Occupational Safety and Health Act of 1970 (as amended)(Chapter XVII, Title XIX of the United States Code)(OSHA) or applicable state statute adopted pursuant to OSHA. It shall be Lessee's obligation to fully comply with the provisions and standards as contained in said Act (or as the same may be amended) subject to the division of responsibilities between Lessee and Lessor set forth herein and Lessee shall hold Lessor harmless from any obligations or responsibilities of Lessee, if any, created under said OSHA or other applicable federal or state statute. Further, Lessee shall be responsible to make any and all repairs and alterations to the structural and non-structural components of the Property, or to any appurtenances situated upon the Property, that may be required by OSHA or any other statute, law or ordinance in effect at the time of the execution of this Lease or which may hereafter be enacted and as specifically required by this Lease. 21. Right of First Refusal. If at any time during the Term of this Lease, Lessor desires to accept an offer to purchase all or any part of the Property from any person or entity, Lessor shall promptly provide a copy of such offer to Lessee. Lessee shall have the right, within 30 days of receipt of such offer, to notify Lessor in writing that Lessee desires to match the terms of such offer 7 PABECKLEI1GLENWOOD\LEASE4.WPD 1 11 1 1 1 1 1 No 11 and purchase the Property and the Cave, in which case, Lessee shall have an additional 30 days in which to close the purchase of' the Property and the Cave on the terms substantially the same as those contained in the initial offer. In the event Lessee elects to match the initial offer, and the initial offeree amends or increases the offer, Lessee shall be furnished a copy of the amended or increased offer and shall then have an additional 30 days to elect to match the new offer plus 30 days to purchase the Property. The terms of this Section shall apply to all offers to purchase all or any portion of the Property and all amendments or increases thereto. All of Lessee's obligations under this Lease shall terminate in the event title to the Property becomes vested in Lessee. 22. Option to Purchase. At any time during the Term of the Lease or any extension thereof, Lessee shall have the right to purchase the Property, Lessor's 50% ownership in the Washington Lode property, and all easements and ROW as set forth in Section 7 hereof, and all of Lessor's subsurface rights to the Cave for a total price of 5500,000.00 (the "Option Price"). The purchase of the Property shall close within 45 days of Lessee's written election to exercise its option to purchase and Lessor shall execute any documents reasonably required by Lessee to transfer title to the Property, the Washington Lode, the Cave, the easements and ROW and any other access rights, easements, zoning, or governmental approvals or permits and other rights used or usable in conjunction with the Property, the Cave, or the Project. All of Lessee's obligations under this Lease shall terminate in the event title to the Property becomes vested in Lessee. Commencing January 1, 2005, and each January I thereafter that this Lease is in effect, the Option Price shall be increased for the following year based on the CPI Index published nearest to the date of this Lease, or any previous increase as the case may be (the "Beginning Index") and published nearest to the date of the subject increase (the "Adjustment Index"). The Option Price for the following calendar year shall be calculated by multiplying the existing Option Price by a fraction, the numerator of which is the Adjustment Index and the denominator of which is the Beginning Index. In no event shall the Option Price, or any redetermination thereof, be based on or increased by any improvements to the Property, or increase in value therefrom, which are made by Lessee. In no event shall the Option Price increase by more than ten percent (10%) per year. Lessor shall have the right to finance the Lessee's Option Price for the purchase of the Property under this Section 22, provided Lessor gives Lessee written notice of Lessor's intention to do so within ten (10) days of Lessee's written election to exercise its option to purchase. lithe Lessor elects to finance the Option Price, the same shall be evidenced by Lessee's (or its permitted assigns under the second sentence of Section 12 herein) promissory note to the Order of Lessor which note shall be in the principal face amount of the Option Price, be nonrecourse to Lessee or its assigns, and bear interest at a fixed rate of ten percent (10%) per annum. The promissory note shall contain reasonable commercial terms as to defaults and rights of the holder with a 15 day notice and cure period prior to default. The promissory note shall mature ten years from the date of execution and shall be paid in equal monthly payments of principal and interest sufficient to fully amortize the principal and interest due on the note in ten years. There shall be no prepayment penalty on the promissory note after three years from the date of its execution. The promissory note shall be secured by a commercially reasonable first priority Deed of Trust on the Property. If Lessor fails to give notice of its intent to finance as set forth above, or fails to close such financing within 45 days of Lessee's written election to exercise its option to purchase, Lessee shall have no obligation to accept such financing from Lessor and shall have an additional thirty days to close the purchase of the Property. 23. Real Estate Taxes. Lessor agrees to pay all real estate taxes on the Property imposed by any federal, state, county, or local governmental agency or authority as the same become due. In the event such taxes are not paid when due, Lessee may pay such taxes, and any interest or penalties thereof, and deduct such amounts from the rental payments due to Lessor. Lessee shall be responsible for reimbursement to Lessor of the amount of any increase in real estate taxes on the Property directly attributable to improvements to the Property which are made by Lessee. 24. Sale or Foreclosure of Property. Lessor agrees that, in the event Lessor enters into a contract for the sale of the Property to any third party which is not matched by Lessee as set forth above, such contract shall provide that Lessee may retain possession of the Property until termination of this Lease. Lessor shall immediately notify Lessee of Lessor's receipt of any notice of foreclosure affecting the Property by any Iienholder thereon. 8 P:'BECKLEYNGLENWOOD\LEASE4.WPD 1 • 25. Waiver. No waiver of any provision herein or of any breach or Default of any of the conditions or covenants of this Lease by the Lessor or Lessee shall be deemed to permit or constitute a continuing waiver of that provision or any other provision of this Lease or any succeeding or other breach or Default hereunder. 26. Amendment or Modification. No amendment or modification of this Lease shall be valid or binding unless expressed in writing and executed by both of the parties hereto in the same manner as the execution of this Lease. 27. Attorney's and Arbitration Fees. In the event any dispute arises concerning the terms of this Lease or the non-payment of any sums under this Lease, and the matter is turned over to an attorney or arbitration, the party prevailing in such dispute shall be entitled, in addition to other damages and costs, to recover reasonable attorney's and arbitration fees from the other party. 28. Arbitration. A. Agreement to Arbitrate. Subject to the provisions of the next paragraph below, Lessor and Lessee agree to submit to binding arbitration any and all claims, disputes and controversies between or among them, whether in tort, contract or otherwise (and their respective employees, officers, directors, attorneys, and other agents) arising out of or relating to in any way to this Lease and its administration, modification, extension, enforcement, default or termination. Nothing in the preceding paragraph, not the exercise of any right to arbitrate thereunder, shall limit the right of any party hereto (1) to exercise self-help remedies such as repossession or as set forth in the Colorado Revised Statutes; or (2) to obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or appointment of a receiver from a court having jurisdiction, before, during or after the pendency of any arbitration proceeding. The institution and maintenance of any action for such judicial relief, or pursuit to provisional or ancillary remedies, or exercise of self-help remedies shall not constitute a waiver of the right or obligation of any party to submit any claim or dispute to arbitration including those claims or disputes arising from exercise of any such judicial relief, or pursuit of provisional or ancillary remedies, or exercise of self-help remedies. B. Selection of Arbitrator. Arbitration hereunder shall be before one neutral arbitrator, being a person from one of the following categories: (I) an attorney who has practiced in the area of commercial law in the State of Colorado for at least eight (8) years or a retired judge at the district court or appellate court level from the State of Colorado; or (2) a person with at least eight (8) years experience in commercial real estate leasing. The parties to the dispute or their representatives shall obtain from AAA a list of persons meeting the criteria outlined above and the parties shall select the person in the manner established by the AAA. C. Governing Laws and Rules. Such arbitration shall proceed in the State of Colorado in the City and County of Denver, shall be governed by Colorado law, including all applicable statutes of limitations, and shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. D. Discovery. In any arbitration hereunder: (1) the arbitrator(s) shall decide (by documents only or with a hearing, at the arbitrators' discretion) any pre -hearing motions which are substantially similar to pre -hearing motions to dismiss for failure to state a claim or motions for summary adjudication; (2) discovery shall be permitted, but shall be limited as provided in Rule 26.1(c) of the Colorado Rules of Civil Procedure, and shall be subject to the scheduling by the arbitrator(s), and any discovery disputes shall be subject to final determination by the arbitrator(s); and (3) the arbitrator(s) shall award costs and expenses of the arbitration proceeding in accordance with the provisions of the Lease. 29. Notices. All notices or demands of any kind which the Lessor or Lessee may be required to serve on the other party under the terms of this Lease shall be in writing and may be delivered by personal service or by mailing a copy thereof by registered or certified mail, postage prepaid, addressed to the respective parties referred to herein at the address specified below or at such other address or addresses as may from time to time be designated by such parties in writing. 9 P:tBECKLEYrGLENWOOD'LEASE4.WPD Service shall be deemed complete at the time of the delivery of such notice as aforesaid or within three days after mailing of the same. All titles and captions are for convenience only and are not a part of this Lease. This Lease shall be binding on the par -ties, their personal representatives, successors and assigns. Should any provision of this Lease violate any federal, state or local law or ordinance, that provision shall be deemed amended to so comply with such law or ordinance, and shall be construed in a manner so as to comply, and the remainder of this Lease shall not be affected thereby. LESSOR POW, INC. 3 Y By /,4.- , Peter Prebble, President Address: 5155 Raleigh Street Denver, Colorado 80212-2609 I0 LESSEE JMB PROPERTIES, INC. By Steve Beckle', 'residen Address: do Steve Beckley P. O. Box 4491 Englewood, Colorado 80155 P:IBECKLEYIGLENWOOD\LEASE4.W PD STATE OF COLORADO COUNTY OF ✓Zf/E/(.491 ) ss. The foregoing instrument was acknowledged before me this z.Lf day of #,f/L , 1998, by Peter Prebble, President of POW, Inc., a Colorado corporation, on behalf of said corporation. Witness my hand and official seal. STATE OF COLORADO COUNTY OF l)cN VER The foregoing instrument was acknowledged by Sieve Beckley, President of JMB Properties, corporation. Witness nay hand and official seal. Notary Public My commission expires: // 7/-0'. / ) ss. ,fid before me this day of /4 PR 1 L , 1998, Inc., a Colorado corporation, on behalf of said 7/1 M, Notary Public My Commission Expires: 3�Z/2ce/ II P:\BECKLEY\GLENW000\LEASE4.W PD 1 t EXHIBIT A to Lease between Glenwood Corporation and POW, Inc. dated April 22, 1998 The leased Property is the southern one-half of the parcel of real estate described as follows: Township 6 South, Range 89 West of the Sixth Principal Meridian Section 3: NW/4SW/4 Section 4: Lot 10 However, in no event shall the leased Property include less than 35 acres; and in the event the leased Property as described above is less than 35 acres the northern boundary shall be adjusted northward so that the leased Property includes at least 35 acres. The leased property shall also include the easements, rights of way, licenses or rights or use of access described in Section 7 of the Lease, and is subject to all easements, rights of way, licenses or rights of use of access for the benefit of other tenants of Lessor. 12 P:\BECKLEY\GLENWOOD\LEASE4.WPD EXHIBIT B to Lease between Glenwood Corporation and POW, Inc. dated April 22, 1998 The leased Property includes all subsurface rights to the real estate described as follows to the extent that portions of the cave are located thereunder: Township 6 South, Range 89 West of the Sixth Principal Meridian Section 3: NW/4SW/4 Section 4: Lot 10 " as well as all of Lessor's interest in the subsurface rights under the Washington Lode to the extent that portions of the cave are located thereunder. 13 P:\BECKLEY,GLENWOOD\LEASE4.WP0 1 1 1 • • EXIIIBIT C to Lease between Glenwood Corporation and POW, Inc. dated April 22, 1998 • - ' . • --7.:;:'i \--•••-•-• i : .."'' •(...- ...e"'''''' . 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'......,, ,v......... 5 •f .... ,...,....—:.._...,...:,.,.........„;.....,,,,,.......:, . ,---.....;::••.-4?„4,,, *,:.......,.... Ii1/4 4.”,'”.. . ..... v.--_..,`,,,,•• ••,.. "',,"•••••••••'....-...,..•*"',•-r.t,,.... -v.......A', ' • .:- :. :':.1-."', 'A.. .".."ktT...,.m.w,..,.,.,....,s.......n••.•..••..•‘,. .......„,- ••.• •••.,,.,' 1.•,,,.. .....„.„• .,7„„,.,•.'•..,•..•.-`"',::•.,..,......,,2„.....77•1tt•?; , 7, 7 2'. .'.":," :-.", -.. r ,I.?,X i,,l,, „ •••F .r 1....zee4.1e.1..:7.".;1/.,}.4>%sx'..,tk fei .„."•"',,j, ' • l . ....,..., ......v ..... ••;',......, ''``-r..• • :.- ""' - ID 1 1 1 1 1 1 Attachment D i ENGINEERING REPORT AND A TRAFFIC COUNTS i III Pi ROCK MCREEK n5TUPI0u. 1 1 1 1 1 1 f110 • August 27, 1998 Mr. Mark Bean Director of Planning, Garfield County 109 8th Street Glenwood Springs, CO 81601 RE: Glenwood Caverns Dear Mr. Bean: Vehicular access to the Glenwood Caverns will be via an existing dirt/gravel road that crosses federal land managed by the Bureau of Land Management (BLM) and private landowners. Most of the road generally follows the historic Transfer Trail from Glenwood Springs, but near the top of the ascent, access to the Glenwood Caverns departs the Transfer Trail. The winding road has a hardpacked surface, which varies in width. Over the two miles from the town to the cave entrance the road climbs at an average grade that exceeds 9%. The road had commercially applications in the past, including the transportation of mined limestone from quarries adjacent to the road. Presently the road is used for recreation and the maintenance of communication sites near the cave on a seasonal basis. The road has not been plowed for the past several winters which eliminates wheeled vehicles, however the snow covered surface is frequented by snowmobilers, cross country skiers and snowshoers. I have traveled the entire length of the road from Glenwood Springs to the caverns on several occasions since April 1998. In that time I have observed the durability of the traveled surface, the drainage facilities and sight distances as related to the safe operation of motor vehicles. I have witnessed snowstorms, spring runoff, intense thunderstorms and periods of no precipitation. The road has held up remarkably well despite the lack of regular maintenance. This is most likely attributable to heavy mining trucks that used to travel the road, the rocky subbase and the steep grades, which do not allow surface runoff to pond near the road. The few areas were ponding occurred appear to be the result of localized anomalies. Most of the wear to the road occurs when the surface becomes saturated due to a seasonally high water table, uncontrolled runoff or during heavy precipitation events. The vehicles that use the road when dry cause a lesser amount of wear. Airborne dust generated by vehicular traffic is most prevalent in the few areas where rock does not predominate the road subbase and during times of little precipitation. However, even small amounts of water appear to have a relatively long lasting effect as a dust suppressant. The loudest and most annoying noises emanate from the 2 -cycle engines that power motorcycles, snowmobiles, and ATV's. Shuttle buses will be used to transport tourists to the cave. The buses will not be as heavy as a loaded mining truck that once traveled the road and will not be as long as some of the RV's that successfully navigate the road to the upper parking area. It is anticipated that the maximum number of tours per day that Glenwood Caverns can accommodate is twenty-four (24). Additional trips by support and maintenance vehicles will also be required. The total number of 1 111 1 1 1 1 lo1 round trips per day associated with Glenwood Caverns may approach forty (40) during the peak tourist season. This is roughly equivalent to the traffic generated by 8 to 10 single-family homes. The Transfer Trail should be able to handle the extra traffic volume without adverse impacts to the current recreational users. The sight distances at several spots along the road are unsafe, especially at the switchbacks, but this can be easily remedied by cutting back the scrub oak in select areas. Before commencing regular shuttle service, the road should be upgraded in several areas. The following list of recommendations will provide for a safer, more easily maintainable road. Install a culvert above the intersection of Traver Trail. This will allow the water in the ditch on the eastern side of the road to make it to the natural drainage on the west side of the road without crossing the surface. Remove all debris and brush from the roadside ditches. This will reduce the possibility of storm water runoff exiting the ditch and crossing the surface of the road. Clean existing culverts. Culverts that are even partially filled with sediment and debris often are unable to function properly during intense precipitation events. Most culverts on the road do not require cleaning and are in good shape. All brush should be removed or cut back wherever it is possible to improve site distances. The safety of the switchbacks and a few isolated areas on the Transfer Trail can be significantly improved with minor brush removal. Most of the removed vegetation will be scrub oak. Localized drainage problems should be fixed. There are several areas where the roadside ditches have silted and no longer convey storm water runoff. Instead, the water remains in the ditch until it evaporates. Repair the soft spots and areas where the road seeps water. These places are not identifiable at this time of year, but next spring they should reappear. These spots can be improved by either installing a subdrain system or by over excavating the road and importing clean pit -run. Create a proactive road maintenance program that deals with small problems before they become large. This could include blading the road surface and cleaning the roadside ditches and culverts on a monthly basis; using water or magnesium chloride as a dust suppressant on an as needed basis, and clearing brush on a yearly basis. Other areas that may need to be addressed on a less infrequent basis are resurfacing portions of the road with aggregate base course and repairing cut and fill slopes that have been scarred by erosion. S. cerely, enneth W. Curfman PE -PLS 25620 NO. OF COPIES Q� aeSdloy 'Giese CbvA4s ave F cut% haLte cape cb cc /( "Joe o►r Er.' . c lease // LATEST ITEM DATED REMARKS TO S--11-vF tECKLE✓ 7 .tax y4'9 EN L 6 co o o co gess ATTN E Lie FAX NO Sheet of We are sending the following: i Photocopies 0 Prints Herewith 0 Documents HIGH COUNTRY ENGINEERING, INC. 923 Cooper Avenue Glenwood Springs, CO 81601 (970) 945-8676 • FAX: (970) 945-2555 DATEJV\ 23 17 —17: 98 SUBJECT �r Tit%l Volt ,e Couwk JOB NO. 98065,0/ ❑ Under separate cover Mylars 0 Shop Drawings If material received is not listed above, kindly notify us at once. Transmitted by: First class mail ❑ U.P.S. Next Day Air ❑ Federal Express O U.S. Express Mail ❑ U.P.S. Std. Service O Messenger O Pickup O FAX ❑ Bv• 1 ft 1 1 1 1 1 1 Volume Count Report Generated by MSC3000 Version 2.01 Location Location Code County Recorder Set Recording Start Recording End Sample Time Operator Number Machine Number Channel Divide By Summation Two -Way Copyright 1990-1992 Mitron Systems Corporation Transfer Trail Volume Counts 98999 Garfiel 07/17/98 18:13 07/17/98 19:00 07/23/98 08:45 15 Minutes 2 No No Friday 07/17/98 Channel: 1 2000 2100 2200 2300 2400 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 Totals 3 1 1 1 3 3 0 0 0 0 1 1 0 4 3 3 2 7 8 3 13 6 12 2 77 0 1 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 3 0 0 2 2 3 0 2 0 0 1 3 2 0 0 0 0 0 1 0 1 1 0 2 2 2 2 3 2 1 0 1 0 0 0 0 1 0 0 0 0 0 0 0 1 2 1 0 1 4 0 3 0 5 1 0 0 1 0 0 0 0 0 0 0 1 0 0 0 0 2 0 1 2 1 5 2 3 1 FiloAM Peak Hour 10:30 to 11:30 (5 vehicles) AM Peak Hour Factor 62.50 PM Peak Hour 15:00 to 16:00 (13 vehicles) PM Peak Hour Factor 65.00 1 Saturday 07/18/98 Channel: 1 1 2000 2100 2200 2300 2400 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 Totals 7 6 1 4 2 2 0 0 0 0 0 2 2 4 9 11 3 8 5 10 11 11 7 3 108 1 0 1 1 0 0 0 0 0 0 0 0 0 2 2 0 1 5 3 5 2 1 1 0 2 6 0 2 0 1 0 0 0 0 0 0 0 0 0 3 2 0 2 0 5 10 1: 1 3 0 0 1 2 0 0 0 0 0 0 0 2 0 2 4 0 1 0 3 3 0 3 1 1 0 0 0 0 1 0 0 0 0 0 2 0 2 5 4 0 2 0 2 1 0 2 1 AM Peak Hour AM Peak Hour Factor PM Peak Hour PM Peak Hour Factor • 09:45 to 10:45 (12 vehicles) 60.0% 15:30 to 16:30 (15 vehicles) 37.5, 1 i 1 1 1 1 Volume Report, 'Transfer Trail Volume Counts' page 2 Sunday 07/19/98 Channel: 1 2000 2100 2200 2300 2400 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 Totals 4 15 4 2 0 0 0 0 0 0 0 3 1 0 0 0 2 1 2 0 0 2 2 2 40 0 3 0 2 0 0 0 0 0 0 0 0 1 0 0 0 0 0 2 0 0 0 1 1 1 6 1 0 0 0 0 0 0 0 0 3 0 0 0 0 2 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 0 1 3 6 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 AM Peak Hour 06:15 to 07:15 (4 vehicles) AM Peak Hour Factor 33.30 PM Peak Hour 20:00 to 21:00 (15 vehicles) PM Peak Hour Factor 62.5% Monday 07/20/98 Channel: 1 2000 2100 2200 2300 2400 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 Totals 2 6 1 2 1 0 0 0 0 0 0 3 1 3 1 1 5 8 0 2 0 2 7 2 47 0 1 0 2 0 0 0 0 0 0 0 0 1 3 0 0 4 0 0 0 0 0 0 0 0 4 1 0 0 0 0 0 0 0 0 0 0 0 1 0 0 1 0 0 0 0 1 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 7 0 0 0 2 1 2 0 1 0 0 1 0 0 0 0 0 0 3 0 0 0 1 0 0 0 2 0 0 5 0 • AAMPeak Hour 10:45 to 11:45 (6 vehicles) Peak Hour Factor 37.5% M Peak Hour 12:00 to 12:45 (8 vehicles) PM Peak Hour Factor 28.6%- 1 8.60 I 1 Tuesday 07/21/98 Channel: 1 2000 2100 2200 2300 2400 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 Totals 3 5 2 2 0 0 0 0 0 0 2 2 3 0 1 1 7 1 0 4 2 0 5 0 40 0 1 0 0 0 0 0 0 0 0 1 2 2 0 0 1 .1 1 0 0 1 0 0 0 3 1 1 1 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 2 1 0 2 0 0 3 1 1 0 0 0 0 0 0 0 0 1 0 0 0 2 0 0 1 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 4 0 0 1 0 0 2 0 AM Peak Hour 11:00 to 12:00 (7 vehicles) AM Peak Hour Factor 43.8% PM Peak Hour 14:15 to 15:15 (5 vehicles) PM Peak Hour Factor 62.50 • 1 j 1 1 1 1 1 1 rip 1 1 i • Volume Report, 'Transfer Trail Volume Counts' page 3 Wednesday 07/22/98 Channel: 1 2000 2100 2200 2300 2400 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 Totals 0 8 2 1 4 1 0 0 0 0 0 2 3 1 22 0 0 1 0 4 1 0 0 0 0 0 1 2 0 0 3 1 0 0 0 0 0 0 0 0 1 0 0 0 2 0 0 0 0 0 0 0 0 0 0 1 1 0 3 0 1 0 0 0 0 0 0 0 0 0 AM Peak Hour 06:15 to 07:15 (3 vehicles) AM Peak Hour Factor 37.5% PM Peak Hour 20:15 to 21:15 (9 vehicles) PM Peak Hour Factor 75.0% 1 1 1 1 1 ft • Attachment F Agricultural/Industrial Zone District Text P1 ROCK CKEEK f 5TUP O«, 1 111 1 1 1 1 1 1 1 • 3.00 ZONE DISTRICT REGULATIONS The zone districts shall be governed in conformity with the following regulations: 3.01 All--AGRICULTURAL/INDUSTRIAL 3.01.01 Uses. by r ht: Agricultural, including farm, garden, greenhouse, nursery, orchard, ranch, small animal farm for production of poultry, fish, fur -bearing and other small animals, and customary accessory uses including buildings for shelter and enclosure of persons animals or property employed in any of the above uses; retail establishment for sale of goods processed from raw materials produced on the lot; Kennel, riding stable and veterinary clinic, guiding and outfitting; Single-family dwelling and customary accessory uses only where it is accessory to the uses listed above. (A. 80-1g 0; 86-09) Accessory dwelling unit approved as a part of a public hearing or meeting on a subdivision or subdivision exemption or quest house special use approved after 7/95 and meeting the standards in Section 5.03.02 3.01.02 Uses. conditional: Aircraft landing strip, airport -utility, salvage yard and sanitary landfill; group home for the elderly. (A. 97-60) Home occupation, storage. (A. 80-180;86-09) 3.01.03 Uses. special: Camper park, agriculture -related business, resort; Airport - air carrier, communication facility, corrections facility.(A. 97-60) • Plant for fabrication of goods from processed natural resources; material handling, pumping facilities, electrical distribution, warehouse facilities/staging areas, fabrication areas, storage areas, water impoundments, access routes, utility lines, pipelines; extraction,processing; public gatherings; commercial park; r=reational support facilities; guest houses. (A 80-181; 81-145; 81-263; 86-09) Accessory dwelling mit meeting the standards in Section 5.03.02 for any Iot not created after a public hearing or meeting after 7/95. 3.01.04 Minimum Lot Area: Two (2) acres. (A. 80-180) 3.01.05 Maximum Residential Lot Coverage: Fifteen percent (15%). (A 80-180) 3.01.06 Minimum Setback: (Unless otherwise permitted by special use permit) (1) Front yard: (a) arterial streets: seventy-five (75) feet from centerline or fifty(50) feet from lot line, wnicheve: is greater; (b) local streets: fifty (50) feet from street centerline or twenty- five (25) feet from front lot line, whichever is greater; (2) Rear yard: Twenty-five (25) feet from rear lot line; (3) Side yard: Ten (10) feet from side lot line, or one-half (1/2) the building height, whichever is greater. (A. 80-180) 3.01.07 Maximum Height of Buildings: Forty (40) feet. (Unless otherwise permitted by special use permit.) (A. 80-180) 3.01.08 Additional Requirements; All uses shall be subject to the provisions of Section 5(Supplementary Regulations). (A. 80-180) 18 • APPENDIX B PREVIOUS RESOLUTION OF APPROVAL June 1999 • Glenwood Caverns Adventure Park • 1111111 11111 IIII11ui11111)111 1111111111111 546854 06/08/1999 03:39P 81133 P904 M ALSDORF 1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO pA i2Y c - STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the7th day of .Tung A.D. 19 99 , there were present: John Martin Walt Stowe Larry L. McCown Don Deford Mildred Alsdorf , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board Ed Green , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 99-O65 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR JMB PROPERTIES WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from JMB Properties for a Special Use Permit to allow for a Commercial Recreational Facility/Park in the Agricultural Industrial zone district. WHEREAS, the Board held a public hearing on the 5th day of April 1999, upon the question of whether the above-described Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Special Use Permit; and W . iiiiifiuiiii11111111111I111111111111UI1111111111111 546854 06/08/1999 03:39P B1133 P905 M ALSDORF 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3 That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit be and hereby is approved to allow for the operation of an outdoor commercial recreation facility at the site identified in the application, upon the following specific conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of future review. 2. That the applicant provide an access, parking and layout plan,for the site indicating emergency and van routes, parking areas, storage areas and pedestrian circulation areas. That the applicant improve Traver and Transfer Trail as defined in items #1-7 as indicated in the applications pages 12-13. That the applicant be limited to a maximum of 10 externally generated (service) vehicle trips per day, on average during any weekly period. 5. That the applicant be limited to a maximum of 30 van trips per day, on average during any weekly period. 6. No public vehicular access to the site beyond access via van trips from the authorized staging area as defined in the final resolution for approval of the special use shall be permitted to the site. 7. That the use be limited to a total of one hundred (100) persons using on-site facilities at any given point during permitted hours of operation. No persons shall II11 Il1l 1111111111111111111 """► . I546854 06/08/1999 03:39P B1133 6 M ALSDORF ► 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO be allowed to use facilities beyond general maintenance and routine use in association with the cave operation. • 8. That the use be limited to daylight to dusk hours of operation and that no regular night activities be approved, except traffic which may be generated by a special event. All special events shall be limited to public vehicular access by van only. 9. That an emergency preparedness plan be provided to the County. 10. That the use be limited for operation to those periods of the year such that the primary access as defined in the final resolution for approval of the special use remains free and clear of any potential safety hazard as may be created by the presence of standing snow on the roadway. Standing snow is defined as any amount of snow which remains in the roadway regardless of road maintenance. 11. Control of noxious weeds shall be the responsibility of the lessee for areas of the property affected by the described operation. 12. If any areas affected by the application are to be floodlit, the applicant shall use box cut-off designs which direct lighting inward to the property. 13. The applicant shall follow the Best Management Practices, as indicated by the Colorado Forest Stewardship Guidelines road building activities. 14. The applicant shall submit an amended application at time any further expansion of commercial, retail or operational activities beyond those described in the application. Dated this 7th day of June , A.D. 1999 . ATTEST;, .. t,.� C �ti.r, "i/. .T� J.j1. i j`_ 'r GARFIELD COUNTY BOARD OF CO I !I SSIONERS, GARFIELD CO , COLORADO Chairm r��► hill11111111111 111 111111IIII.Ji 11111 1111 1111 • 546854 06/08/1999 03:39P 61133 P907 M ALSDORF 4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the • following vote: • COMMISSIONER CHAIRMAN JOHN F. MARTIN ,Aye COMMISSIONER LARRY L. MCCOWN ,Aye COMMISSIONER WALTER A. STOWE ,Aye STATE OF COLORADO )ss County of Garfield I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners • APPENDIX C PREVIOUS RESOLUTION OF APPROVAL May 2002 • Glenwood Caverns Adventure Park • • i 111111 11111 111111 11111 111111 11111111111111111111111111 603812 05/22/2002 09:50A 81356 P682 M ALSDORF 1 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday , the 20th day of MAY A.D. 20 02 , there were present: John Martin Larry McCown Walt Stowe Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2002 - 47 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT • APPLICATION FOR A COMMERCIAL/RECREATIONAL FACILITY FOR GLENWOOD CAVERNS, INC. AND JMB PROPERTIES, INC. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from Glenwood Caverns, Inc. and JMB Properties, Inc. for a special use permit to allow for approval of Commercial/ Recreational Facility within the A/I zone district; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, held a public hearing on the 6th day of May, 2002, upon the question of whether the above described Commercial/ Recreational Facility should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners and proof thereof submitted in the record; • 1 i ►mu ism u►ul VIII 111111 III 1111111 III IIIiI IIII Iill 603812 05/22/2002 09:50A B1356 P683 M ALSDORF 2 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 1 • • 2. That the hearing before the Board of County Commissioners was extensive and complete, that sufficient pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting; 3. That for the above stated and other reasons, the proposed special use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that Special Use Permit is hereby approved subject to compliance with all of the following specific conditions: A. All items indicated in the staffreport, recommended by the Board of County Commissioners, and included by the Board of County Commissioners at the public hearing as itemized below: 1. All representations of the applicant made in the application and during the public hearing shall be considered conditions of approval, including but not limited to: a) Hours of operation will be from 8am -10pm Sunday thru Thursday and 8am -l2am Friday and Saturday b) The tramway towers and passenger gondolas will not be lighted c) The towers will be installed via helicopter and will disturb the least amount of vegetation possible d) There shall not be any disturbance of vegetation between tower sites e) The visitor's center will be painted in earthtones f) The tramway towers will be painted a grayish tone to reduce reflexivity g) Pursuant to this Resolution, activities offered on the site will be limited to cave tours, covered picnic area, nature trails, gemstone sluice mining, geode cutting, astronomy observatory area, and a fossil dig h) Passenger gondolas will be able to accommodate bikes i) The maximum build out capacity for the gondola is 36 gondola cars in 12 groupsof3 j) Each gondola car has a 6 passenger capacity k) The applicant shall be responsible for snow removal on 50% of the roadway width on Transfer Trail to provide for emergency access 1) The passenger gondolas will be designed to be ADA accessible. m) The applicant must complete construction of the tram and visitor's center by December 31, 2002 2 1111111 11111 111111 11111 1/1111111 11111111H 11111 11111111 603812 03/22/2002 0S:50A 81366 P684 M ALSDORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO • 2. A pre -annexation agreement between the City of Glenwood Springs and the applicant is established before a Special Use Permit is issued. 3. The applicant must obtain an operators license from the Colorado Passenger Tramway Safety Board and must have a valid operators license at all times throughout the life of the project. If the operators license for the tramway is revoked by said Safety Board at any time, the Special Use Permit shall also be revoked. At any time during the life of the project the County may ask the applicant to produce proof of a Colorado Passenger Tramway Safety Board license that is in good standing. 4. The applicant shall submit a weed vegetation management plan approved by the Vegetation Management Director before a Special Use Permit is issued. 5. The applicant shall adhere to the following suggestions provided for by the Division of Wildlife in the referral letter dated April 16, 2002: a. There shall be no outside storage of any trash or garbage anywhere within the property, with the exception of bear -proof trash containers b. Refuse kept in non bear -proof containers should be kept within secure structures that are not likely to be broken into by bears c. There shall be no dumps or underground disposal of refuse on site d. Except for bird feeders, the feeding, baiting, salting, or other means of attracting wildlife to site is prohibited e. Bird feeders should be strategically placed to avoid being an enticement for bears f. Tourists and other users to the site shall be made aware of the local wildlife community by utilizing information provided by the Division of Wildlife. 6. Loss of access easements to the cave property will result in the revocation of the Special Use Permit. 7. The applicant shall submit a wildland fire mitigation plan approved by the Glenwood Springs Rural Fire District before a Special Use Permit is issued. 8. Pursuant to Section 9.03.05 of the Subdivision Regulations, the applicant shall not implement the restaurant up -grade until approval for the wastewater treatment of the facility is approved through periodic review. Prior to conducting that use, the applicant shall fulfill the publicnotice requirements set forth in Section 9.03.04 of the Garfield County Zoning Regulations. 9. The ISDS design shall be submitted to and approved by the Department of Health for review before a Special Use Permit is issued. 3 1 111111 11111 111111 11111 111111 111 1111111 111 11111 1111 1111 603812 05/22/2002 09:50A 81356 P685 M ALSDORF 4 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 10. The applicant shall be limited to a per day capacity of 1100 people. Prior to issuance of a Special Use Permit, the applicant shall submit a plan for Board of County Commissioner approval as to how visitors to the center will be limited so this capacity will be met and design of the ISDS system will not be compromised. If the sewer system is upgraded to allow grey water to tap into the City of Glenwood Springs sewer system, the applicant shall not be held to the 1100 person per day limitation. 11. All conditions set forth in Resolution 99-065 shall be rescinded once a Special Use Permit is issued, and the tram is in full operation. 12. The applicant shall provide copies of all emergency access and evacuation plans required for the Colorado Passenger Tramway Safety Board licensing in addition to any notices of violation from said Board to the County. 13. If the tramway becomes obsolete or inoperable for any consecutive period of twelve months, the applicant shall remove the tramway and towers at their own expense from the hillside. 14. The applicant shall provide proof of all finalised legal access easements for the path of the tramway before a Special Use Permit is issued. 15. The applicant shall provide written approval from the Bureau of Land Management approving the temporary use of Transfer Trail for construction traffic. 16. The applicant shall adhere to the previous conditions of approval set forth in Resolution 99-065 for the operation of the Caverns facility until December 31, 2002 or until the amended Special Use Permit is issued, whichever comes first. 17. If the applicant is in violation of any of the above conditions at any time, the Special Use Permit may be revoked by the Board of County Commissioners. This 21 day of May , A.D. 2002 o rn Clerk of the Board • GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD O i " , COLORADO 111111 11111 11111111111111111III 1111111 III 11111 1111 11 11 603812 05/22/2002 09:50A B1356 P686 M ALSDORF 5 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO • • • Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN , Aye COMMISSIONER LARRY L. MCCOWN , Aye COMMISSIONER WALTER STOWE , Aye STATE OF COLORADO ) )ss County of Garfield ) County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 5 • APPENDIX D PREVIOUS RESOLUTION OF APPROVAL November 2002 • Glenwood Caverns Adventure Park • • APPENDIX E PREVIOUS RESOLUTION OF APPROVAL July 2004 • Glenwood Caverns Adventure Park • 1 111111 III 1111111111111111111111E111111111111111 655954 07/15/2004 11 05A B1605 P15 M ALSDORF 1 of 1 R 0.00 D 0.00 GARFIELD COUNTY CO • SPECIAL USE PERMIT • (Issued to a property owned by POW, Inc) In accordance with and pursuant to the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 2004-56 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use Permit, the following use: "COMMERCIAL/ RECREATIONAL FACILITY / PARK" This Special Use Permit is issue to the property owned by POW, Inc. containing the "Glenwood Caverns Adventure Park" located on Iron Mountain above the City of Glenwood Springs in the A/I zone district and in Study Area I of the Comprehensive Plan of 2000, and is legally described as Section 3: NW ' SW lid and of Section 4: Lot 10, Township 6 South, Range 89 West of the Sixth Principal Meridian in the County of Garfield, State of Colorado. The Special Use Permit is issued subject to the conditions set forth in the above mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Building Code, Comprehensive Plan, and other regulations of the Board of County Commissioners of Garfield County, Colorado BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO 7-6-2004 Date • 111E1 11111 1111111 111 111111 11111 11111111 111111111111 655953 07/15/2004 11 03A B1605 P9 M ALSDORF 1 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 21st day of May, 2004, there were present: John Martin Larry McCown Tresi Houpt Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2004-56 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR A COMMERCIAL/ RECREATIONAL FACILITY / PARK FOR A PROPERTY OWNED BY POW, INC ALSO KNOWN AS THE GLENWOOD CAVERNS ADVENTURE PARK WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Special Use Permit (SUP) request for a "Commercial/ Recreational Facility / Park" submitted by POW, Inc. to expand the existing uses for the Glenwood Caverns Adventure Park on Iron Mountain; and WHEREAS, the specific uses sought in the Special Use Permit includes snack shop, banquet facility on the top floor of the existing visitor' center / restaurant, an expansion of the visitor' center / restaurant, 100 -seat performance amphitheatre, falconry, alpine coaster, zip line, giant swing, Indian education center (teepee), photography studio, climbing wall, movies, challenge (ropes) course, paragliding, mini golf, snow shoe rentals, and newly expanded hours of operation to be from 6:30 AM to 11:30 PM Sunday through Thursday and 6:30 AM to 12:30 AM Friday and Saturday; and 'WHEREAS, the subject property contains approximately 80 acres, is located on Iron Mountain above the City of Glenwood Springs in the A/I zone district and in Study Area I of the Comprehensive Plan of 2000, and is legally described as Section 3: NW % • • • 1 111111 11111 1111111 111 1 11111 11E1 11111 111 11111 1111 1111 655653 07/15/2004 11:03A B1605 P10 M ALSDORF 2 of 6 R. 0.00 D 0.00 GARFIELD COUNTY CO SW 1/4 and of Section 4: Lot 10, Township 6 South, Range 89 West of the Sixth Principal Meridian; and WHEREAS, the Board of County Commissioners referred the application to the Garfield Co{inty Planning Commission which held a public hearing on June 9`t', 2004, upon the question of whether the above-described SUP for a Commercial/ Recreational Facility / Park should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said SUP and the Planning Commission forwarded a recommendation of approval with conditions to the Board of County Commissioners by a vote of 6 to 0; and WHEREAS, the Board of County Commissioners opened a public hearing on June 21, 2004, upon the question of whether the above-described SUP for a Commercial/ Recreational Facility / Park should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said SUP; and WHEREAS, the Board of County Commissioners closed the public hearing on the 21st day of June, 2004 to make a final decision; and WHEREAS, the Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. That proper publication, public notice, and posting was provided as required by law for the hearings before the Board of County Commissioners and the Planning Commission. 2. That the public hearings before Board of County Commissioners and Planning Commission were extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 3. The proposed special use permit conforms to Sections 3.01.03 and 5.03 of the Garfield County Zoning Resolution of 1978, as amended. 4. The proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that based on determination of facts set forth above, the SUP request for a "Commercial/ Recreational Facility / Park" is approved with the following conditions: 1. That all representations made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 11EE11111111111111111111111111111111111 111 11111 11111111 •655953 07/15/2004 11:03A B1605 P11 M ALSDORF 3 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 2. This Special Use Permit approves the following operations: a. Hours of operation will be from 6:30 AM to 11:30 PM Sunday through Thursday and 6:30 AM to 12:30 AM Friday and Saturday; b. The tramway towers and cabins will not be lighted; c. Activities offered on the site will be cave tours, covered picnic area, nature trails, gemstone sluice mining, geode cutting, astronomy observatory area, fossil dig, snack shop, banquet facility on the top floor of the existing visitor' center / restaurant, an expansion of the visitor' center / restaurant, performance amphitheatre, falconry, alpine coaster, zip line, giant swing, Indian education center (teepee), photography studio, climbing wall, movies, challenge (ropes) course, paragliding, mini golf, and snow shoe rentals; d. Passenger gondolas shall continue to accommodate bikes; e. The ultimate build out capacity for the gondola is 36 gondola cars in 12 groups of 3 with each gondola car having a 6 passenger capacity; f. The Applicant shall be responsible for snow removal on 50% of the roadway width on Transfer Trail to provide for emergency access; and g. The passenger gondolas will be designed to be ADA accessible. 3. The Applicant shall continue to adhere to the following suggestions provided for by the Division of Wildlife in Sonia Marzec's referral letter dated April 16, 2002: a. There shall be no outside storage of any trash or garbage anywhere within the property, with the exception of bear -proof trash containers 11111 b. Refuse kept in non bear -proof containers should be kept within secure structures that are not likely to be broken into by bears c. There shall be no dumps or underground disposal of refuse on site d. Except for bird feeders, the feeding, baiting, salting, or other means of attracting wildlife to site is prohibited e. Bird feeders should be strategically placed to avoid being an enticement for bears f Tourists and other users to the site should be made aware of the local wildlife community by utilizing information provided by the Division of Wildlife. 4. The Special Use Permit will last as long as the Applicant has possessory use of the access easements to the cave property. 5. Regarding fire protection and emergency services, the Applicant shall commit to the following conditions as designed by the Glenwood Springs Rural Fire District: a. If a grill is installed in the plaza it shall require a fire suppression system (Ansul); b. The expansion of the visitor's center shall require fire alarms/detection system and the expansion shall be required to be sprinkled. Before the expansion, the Applicant shall install additional water storage (two 17,000 gallons tanks adjacent to the existing water tanks). This will being the total water storage to 68,000 gallons; • • • 11 1111 11111 !111111 El 1 1111 11111 111111 III 11111 1111 11 11 655953 07/15/2004 11 03R B1605 P12 M ALSDORF 4 of 6 R 0.00 0 0.00 GARFIELD COUNTY CO c. The new photo center/candy shop shall require fire alarms/detection system and the new building shall be sprinkled. Before the new building is built, additional water storage shall be required; d. The remaining smaller buildings (Grill, discovery rock, etc.) do not require fire alarms/detection or sprinkler systems; e. The alpine coaster shall be designed with a way to provide emergency vehicle access to the bottom of the coaster where the return begins; f. The hammer head turn in the plaza shall continue to be required to remain clear of obstructions at all times; g. The material on the top of the shade structure shall be required to be steel; h. The road to the amphitheater needs to be a minimum of 10 feet wide; and i. With the delay in response caused by poor access to the site, the Applicants shall be required to stage some basic emergency medical and fire fighting equipment on site. The Applicant shall work with the Glenwood Springs Fire District to get direction on what supplies to stage on site. 6. The Applicant shall obtain an ISDS permit from Garfield County for the proposed leach field. 7. Because the Applicant's site plan shows a "proposed route" for the Alpine Coaster, the Applicant shall be required to provide the Planning Department with the finalized route at the time the Applicant intends to construct the coaster to ensure that any site disturbance, visual impacts, color treatments, and emergency access issues are adequately addressed. While this is intended to be handled administratively, in the event of an impasse between the Applicant and the Planning Staff regarding the finalized route, the Applicant or the Planning Staff shall have the ability to address the matter in a public meeting before the Board of County Commissioners. 8. The Applicant must continue to maintain an operator's license from the Colorado Passenger Tramway Safety Board. The Applicant shall maintain a valid operator's license from the Colorado Tramway Safety Board throughout the life of the project. If the operator's license for the tramway is revoked by said Safety Board at any time, the Special Use Permit shall also be revoked. At any time during the life of the project the County may ask the applicant to produce proof of a Colorado Passenger Tramway Safety Board license that is in good standing. 9. The Applicant shall submit "as -built drawings" for any new utilities that are installed at the upper tram site to the City of Glenwood Springs Public Works Department. 10. The Applicant shall adhere to the phasing schedule as submitted in the application. In the event it is anticipated that a particular phase cannot occur or may be delayed, the Applicant shall be required shall be required to provide the Planning Department with an adjusted phasing schedule. It shall be the Applicant's responsibility to track their phasing schedule. While this is intended to be handled administratively, in the event of an impasse between the Applicant and the Planning Staff regarding the phasing I 111111 11111 1111111 III ifllil ilfll 111111 111 11111 1111 IIII 655953 07/15/2004 11:03A 81605 P13 M ALSDORF 5 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO schedule, the Applicant or the Planning Staff. shall have the ability to address the matter in a public meeting before the Board of County Commissioners. 11. This Special Use Permit has approved a performance amphitheater with a capacity for 100 (one hundred) seats. Any proposed expansion of the performance amphitheater shall require the Applicant to submit a new Special Use Permit or whatever appropriate land use application / process is in place at the time that the expansion is proposed. 12. The Applicant shall design the exterior of the amphitheater in order to effectively minimize visual impacts through the use of architectural features / details and natural vegetative screening and blending paint colors. The Applicant shall present a "screening plan" to Staff prior to the issuance of a Special Use Permit. 13. Prior to the erection of the supporting poles / structures for the proposed zip line and giant swing, the Applicant shall provide the Planning Staff with the proposed design that addresses the height, location, and color of the poles to adequately minimize visual impact to view sheds from Glenwood Springs. While this is intended to be handled administratively, in the event of an impasse between the Applicant and the Planning Staff regarding the phasing schedule, the Applicant or the Planning Staff shall have the ability to address the matter in a public meeting before the Board of County Commissioners. 14. The Applicant shall adhere to the City of Glenwood Springs lighting requirements for all uses requiring lighting. This shall also apply to proposed lighting for evening performances on the amphitheater. 15. Based on the Applicant's representation that parking is adequate as a result of the Walker Parking Analysis, peak visitor usage at the upper site shall be limited to no more than 450 visitors at any one time. 16. Any modifications of this approval by the Board of County Commissioners (with the exception of the terms listed in conditions 7, 10; and 13 shall require a new Special Use Permit review. Dated this 6th day of July , A.D. 2004. 1 I E1I 1E1 1111111 111 111111 11111 111111 111 iI l li 11111111 655953 07/15/2004 11:03A B1605 P14 M ALSDORF 6 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin Larry McCown Tresi Houpt • STATE OF COLORADO )ss County of Garfield , Aye , Aye , Aye I, , County. Clerk 'and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2004 County Clerk and ex -officio Clerk of the Board of County Commissioners • u ffi ni IN DESIGN, FOR INFORMATION ONLY, DO NOT FABRICATE! • • COI • 4 r_IVA , v r 4,7 • • • CAI • IN DESIGN, FOR INFORMATION ONLY, DO NOT FABRICATE! B 1 IX X. X IX -711 • 6 • TRANSPORT CONFIGURATION