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HomeMy WebLinkAbout3.0 Permit• 3111 !ii(i.611141M,Vilir MDIVe llY1110,!iii.104 it I;! Reception#: 765339 03/27/2009 10.11:23 RM Jean Riberico 1 of 2 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO First Amendment to SPECIAL USE PERMIT for A property located in the NW1/4 of the SW 1/4 of Section 3 T6S, R89W and owned by POW, Inc. Parcel Number: 2185-033-00-034 In accordance with and pursuant to the provisions of the Garfield County Unified Land Use Resolution of 2008, Resolution No. 2007 — 66, the Garfield County Building and Planning Director hereby authorizes an amendment to the Special Use Permit issued by Garfield County, State of Colorado, for the following activity: Replacement and Minor relocation of the Giant Swing This amended Special Use Permit is issued subject to the conditions set forth in the above-mentioned resolution and attached site plan attached as Exhibit A, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Unified Land Use Resolution of 2008, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT DIRECTOR Fred Dat • 1111 i'lli%11111e01,Mli lirihiLliVN61.9101,1 11 111 Reception#: 765339 03 27 f 2009 10,11 23 AM Jean Al ber i co 2 of 2 Rec Fee $0.00 Doc Fee : 0.00 GARF ELD COUNTY CO `-• S• 0, ..., , • • ',- \\' \\\\\\\ 1 / 1, 1,,„ \ ,„ \,...:‘,,,- 1 V 1\ \ \•\' \\vs r. 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'\ , { { I { i 3 1 i 1 11 i 1 ' I l'-v'vilr;*1.11j { ) h i 1 1111 1 i ' i 1 1 1 1 ili 111 1 t 11 I I i - I I 111t11:1{ \ i 1 j i I 1 { { 1 I 1 i i { i 1 g i It 1 1 ;ii I 1;1111 1 1 Ii 1 / fli i rl 1 •11';1, i 1 it 11 1 / I/ 1 I 1 j,•../ • i 1 rill i I { i it { r I / I { I '.-/•/'117/ ii,/{ -111 1 IV " ! 1 1 \ Cl) • h • • • • 1III hY «YGgi'A119. III 1 1 1 1 1 Reception#: 730279 08/08/2007 10:29:00 AM Jean Rlberico of 1 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO I1 )1 LL'IL USL P�RIVI for POW, Inc. NW1/4 of the SW I/ of Section 3 T6S, R89W Parcel Number: 218503300034 In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 2007 - 6 7 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use Permit, the following activity: Commercial/Recreational Facility/ Park 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, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. AT I'EST: jerk of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNL COLORADO 1 • • • 1111 PM. 1117N341010.10 AiPi 11 III Reception#: 730278 08/08/2007 10:29:00 RM Jean Alberico 1 of 4 Rec Fee:$0.00 Doc Fee: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 9th day of July A.D. 2007, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Houpt . Commissioner Don DeFord , County Attorney Jean Alberico , Clerk of the Board Ed Green (Absent) , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2 0 0 7- 6 7 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT A COMMERCIAL/RECREATIONAL FACILITY/PARK LOCATED ON A PROPERTY OWNED BY POW INC, GARFIELD COUNTY PARCEL NO# 218503300034 WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application from POW Inc. for a Special Use Permit ("SUP") to allow a Commercial/Recreational Facility/Park on their property within the Agricultural Industrial zone district; and WHEREAS, the Board held a public hearing on the 1 lth day of June, 2007 and continued the public hearing until July 9th, 2007 upon the question of whether the above described SUP 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 on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 1 1111 Rid PI7MM,1 ,14J11,W,L 'TAIMLikai 11111 Reception#: 730278 08/08/2007 10:29:00 RM Jean Rlberico 2 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 2. The meeting 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 meeting. 3. The above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, and welfare of the citizens of Garfield County. 4. The application has met the requirements of 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 a Special Use Peiinit allowing a Commercial/Recreational Facility/Park on a property owned by POW Inc. is hereby approved subject to compliance with all of the following specific 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 Pernik 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 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; 2 1111 11 11 1 • Reception#: 730278 08/08/2007 10:29:00 RM Jean Alberico 3 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 1111111 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 11`h, 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. 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 maintain a total of 35,000 gallons of water on-site for fire protection; 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. 3 VIII PIA u i 1 NII ,aCH1MM'IMI 11111 Reception#: 730278 08/08/2007 10:29:00 AM Jean Alberico 4 of 4 Rec Fee:$0.00 Doc Fee 0.00 GARFIELD COUNTY CO 1 • • • 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; ff Dated this LO day of aL1 V,, , A.D. 2007 A 1"1 EST: k of the Board GARFIELD COUNTY BOARD OF COMM SIO : RS, GARFIELD COUNTY, OLOR Upon motion duly made and seconded the foreg•ing Resoluti•' was adopte j/ by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STA 1E 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. 2007. County Clerk and ex -officio Clerk of the Board of County Commissioners 4