HomeMy WebLinkAbout1.0 Application• GLENWOOD CAVERNS ADVENTURE PARK
51000 TWO RIVERS PLAZA ROAD
GLENWOOD SPRINGS, COLORADO 81601
(970) 945-4228 ext 13
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AMENDMENT TO SPECIAL USE PERMIT
GARFIELD COUNTY BUILDING and PLANING DEPARTMENT
DATE: MARCH 15, 2004
PROPERTY LOCATION: Section 3&4 Township 6 South Range 89 West
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GLENWOOD CAVERNS ADVENTURE PARK
51000 TWO RIVERS PLAZA ROAD
GLENWOOD SPRINGS, COLORADO 81601
(970) 945-4228 ext 13
March 15, 2004
Mr. Fred Jarman
Garfield County Planning
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Amendment to Special Use Permit for Glenwood Caverns
RECEIVED
MAR 2 6 2004
GARFIELD
BUILDING & p ANNING
Dear Mr. Jarman:
Please accept the following package of information as a request for a third amendment to
the previously approved Special Use Permit dated September
1998. The would firstanwd second
amendment was requested and approved last year. This men
the
following modifications that were approved in the first amendment:
1. Item 1a of first amendment: We request that hours of operation 6 a ombe o12:d0am to be
between 6:30am to 11:30pm Sunday thru Thursday
Friday and Saturday.
2. Item 1 g of first amendment: We request that this conditi
on be modified
id to include
the additional activities at the cave location:snack banquet
iant swing, Indian
performance amphitheater, falconry, alpine coaster, zip line, g
education center (tepee), photography studio, climbing wall, movies, challenge
(ropes) course, paragliding, mini golf, and snowshoe rentals;
We have attached the following information for review by the Planning Staff, The
Planning Commission, and The Board of County Commissioners:
1. Appendix A — Previous Application;
2. Appendix B - Previous Resolution of Approval;
3. Appendix C — Previous Resolution of Approval for first amendment;
4. Appendix D — Pre -annexation agreement with Glenwood Springs allowing for
sewer and water services;
5. Appendix E — Traffic Study;
6. Appendix F — Sound Study;
7. Appendix G — Visuals from different Glenwood Springs Locations;
8. Appendix H — Proposed Phasing Schedule;
9. Appendix I — Response to development plan from Fire Department;
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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 — revised sewer system
Description of the Business
The Glenwood Caverns are located on a 78.83 -acres parcel Glenwood Caverns approximately
lis 1/2 miles s North
and 1300 feet above the City of Glenwood Spring
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
to sell ttiop
and the
f Iron Mountain. The lower
site includes a parking lot and small building
used loading/unloading of passengers. The upper site includes 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
approximately
1800 square feet with a 2400 square foot deck that can be used for
parties, and other events. Along with the Gondola, additional activities that
are
e urrsluently
available on the upper site include a covered picnic area, nature trails, g
ce
mining, geode cutting, a fossil dig, an astronomy observatory, and other educational
activities. These additions help keep the visitors occupied while waiting for their tour.
The proposed changes would include the following:
• Increasing the hours of operation to 6:30am to 11:30pm Sunday thru Thursday
and 6:30am to 12:30am Friday and Saturday.
• Adding additional activities at the upper site which will include the following:
i. Snack Shop — This would be a small concession stand located in a small log
structure located in the plaza (see attachment 2);
ii. Banquet Facility — This would be located on the third floor of the visitor's
center and will be used for weddings, holiday parties, and other events.
iii. Performance Amphitheater — This would be located on the pathway to the
cave and will be used for musical concerts a ed100 seats but expandable to 400
educational shows including
Falconry. The amphitheater would initially b
seats in the future. A sound sound from aeAppendix
major rock concert could not
demonstrates that even thebe heard
on the valley floor.
iv. Falconry — This activity would include daily educational shows that showcase
birds of prey flying in their natural habitat. Another part of the activity would
include a rehabilitation center to help rehabilitate and house injured wild birds.
v. Alpine Coaster — This activity is the next generation of alpine slide, which
have been built throughout Colorado. This new design is a much safer design
that will not allow the passengers to come off the track. The alpine coaster will
be installed in a loop that is .6 miles long with approximately a 200-footSince tical
drop. The entire activity will be located within the Caverns property.
track is mounted on footers, there will be minimal disturbance of the hillside.
vi. Zip Line — This activity allows visitors to connect to a cable and slide down a
cable in a controlled yet exciting ride. There is a similar zip line being installed
in Steamboat Springs.
vii. Giant Swing - This activity allows a installed at
out
over a cliff on the property. There is a similar swing that has been
the Royal Gorge.
viii. Indian Education Center (Tepee) — These interactive activities are centered
around a replica of a Ute Tepee. The activities are designed for younger
children and include face painting, arts and crafts, Indian folklore, etc.
ix. Photography studio - This would be a small log structure located in the plaza
(see attachment 2) that would develop and print photos of visitors in the cave;
x. Climbing Wall — this activity would be a pre-built climbing wall 27-32 feet tall
located in the back portion of the plaza.
xi. Movies —during the summer/fallwould
ow old movies in show educational he movaes to za on a
big screen projector. This would also allowus to
school group.
xii. Challenge (ropes) course — this activity would be used for team building.
xiii. Paragliding - A third party would operate this activity. The activity would
allow visitors to fly down the mountain on a paraglider to the landing site at
Two Rivers Park in Glenwood Springs. A trained instructor would accompany
each visitor.
xiv. Mini-Golf — this activity would allow guests to play 18 holes of miniature
golf.
xv. Snow shoeing — This activity would allow guests to rent snowshoes in the
winter and hike around the existing nature trails.
xvi. Outfitting — This activity would be based at the cave site but would entail
guiding visitors into the Flattops from the caverns site up Transfer Trail. The
guests would ride ATVs in the summer and snowmobiles in the winter.
In 2003, Glenwood Caverns Adventure Park had over 120,000 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. The new proposed activities
should help provide more-things for visitors to Glenwood Caverns Adventure Park to do
and also provide additional reasons to bring tourists to Garfield County.
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.
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4.1 Commercial and Industrial Uses
Garfield County will encourage the retention and expansion �e variety of goods and
nt, viable and
compatible commercial development capable of providing
services to serve the citizens of the County.
applicant is improving an existing attraction by providing more
RESPONSE: The app � the success
activities that is clearly consistent with the tourist -related economy crucial to to the s
e
of the City of Glenwood Springs to dnd �vaersify the breadth of ld County. The tourism opportunities in the
additional activities will continue
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. Glenwoodoun Springs
the proposed yeare n
point and the most significant bed -base in GarfieldCounty during
round -operating period of the tours. The cave location itself also provides a concentration
point for visitors to Glenwood Caverns. The additional activities at the cave site would
enhance the visitor's stay in Glenwood Springs.
Ensure that commercial development is conducive fe and efficient .transportation tmodes and the
raffic flow,
reduces vehicular movements and encourages alternate
of mass transit.
RESPONSE: The tramway already provides an effective and safe transportation
purefficiencyiooyshe
to the cave area. The additional activities at the top would increase 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.
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Ensure a commercial and industrial development policy that is environmentally sound
and acceptable to County residents and policy makers.
RESPONSE: The applicant has
the
the si thely environmental impacts of d the
project, including the use of colors similar tonatural environment onmen and has
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
structures or improvements will be visible from any adjacent properties. No landscaping
or screening is necessary. Enclosed in Appendix G, four photographs have been included.
The first photo shows an existing 30 foot tall Tepee on the upper cave property. The next
three photos show view points from Glenwood Springs demonstrating that the existing
Tepee cannot be seen. All new buildings would be shorter than the Tepee.
The project review process will include the identification and mitigation of transportation
impacts related to commercial and industrial development.
RESPONSE: A full traffic study dated during last summer's peak times has been
included as Appendix E.
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 — 400 square ft log structure;
• Amphitheater — 3200 square feet concrete structure;
• Fossil Dig - 270 square feet wood structure;
• Plaza Pavilion (covered picnic area) — 1500 square ft wood structure;
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• Covered smokers area —150 square ft wood structure;
• Cavers Corner covered waiting area — 300 square ft wood structure;
• Discovery Rock support building - 200 square ft log structure;
• Observatory support building — 400 square ft log structure;
• Falconry support building — 300 square ft log structure;
• Alpine Coaster support building - 300 square ft log structure;
• Photography center - 1500 square ft log structure;
• Retail Expansion — 980 square ft addition to existing Visitor's Center;
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 D.
Currently, the water system includes 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 Photo Center and retail expansion, two additional 16,800 gallon tanks will be
installed next to the existing tanks (see attachment 1).
Currently, the generated wastewater is treated with two 2500 gallon septic tanks and one
7000 gallon storage tanks were solids are eliminated. The restaurant has an additional
1500 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 1400 gallons per day. High
Country engineering has designed a modification to our existing system to allow for a
2000 gallon capacity leach field that will be used in the winter time only when the
temperatures are to cold to pump to the city. This new design is included as attachment 3.
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.
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4. A vicinity map, showing slope of you property, for which a U.S. G.S. 1:24,000
scale quadrangle map will suffice.
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
2185-044-00-005
2185-044-00-007
2185-044-006
Joseph and Celina Claudon
Bureau of Land Management
Chimes Investment Club
Lyle and Kathy Moss
Pitkin Iron Corporation
Mailing Address
101 West 8th Street
Glenwood Springs
217 Rosebud
Glenwood Springs
PO Box 1009
Glenwood Springs
PO Box 1904
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
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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.
Special Use Permit Review Criteria
As listed under the Zone District Regulations, conditional and special uses shall conform
to all requirements listed hereunder 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;
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 project on Highway 6&24 and Devereux Road. This Traffic Study
has been included as Exhibit E in the first amendment.
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 by location of intensively utilized areas, access points,
lighting and signs in such a manner as to protect established neighborhood
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.
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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 regulatory authorities besides Garfield County that 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.
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Appendix A
Previous Application
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Fairy Caves
Land Use Application - Submitted to:
Garfield Couiz
tY 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
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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
Submittal Date: S -re MB, y i I J 8
Applicant: -7M '-a
Address of Applicant: Po a
ES Nit,
L9 ( RsilLay.403 ► So1'ele.hone: 3°3.11' CMS %152 -
Special Use Being Requested: COMA-ZiLA{.
Base Fee:
400
Zone District:
A
Size of Property: $ • $3 AL j
Application Requirements: These item must be subrr,itted with the annlin
1] -irat- - r,
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, lease
detail the amount of water that would be used and the type of wastewater treatment. If P
will be
utilizing well water, please attach a copy of the appropriate well permit and any other legal water
3]
supply information, including a water allotment contract or an approved water augmentation plan.
A map drawn to scale portraying your property, all structures on the property, and the County
or
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.
`1] A vicnuty map, showing slope ofvour property, for which a U.S. G.S. 1:24,0,00 scalequadrangle
will sufce. map
5] A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private
6]
landowners adjacent to your property. Include a list of all property owners and their addresses. Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the
w•ledglnent from the property owner that you may act in
ne -
his/her behalf.
property owner, you must attach an ackno
7] For all applications ertaini
P g 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 5.03.08, 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 P is
approximately 30 days prior to the scheduled hearing � this hearing(s),
receipt mail, all adjacent landowners and publish the notice provided en be eby the Planningquired to nDepertifien return
newspaper of general circulation. Both these notices must be mailed/published at least 15 days
Department. in a
public hearing. The applicant shall bear the cost of mailing - prior to the
publication must be submitted at the time of the public hearing, and publication and proof of mailing and
The informa
• Applicant:
contained within this application is complete and correct, to the best of my knowledge:
g.
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Garfield County, Colorado .5'1'E113. r�
APPLICANT: e PPS i t
,198
ADDRESS OF APPLICANT: F0 130)( **ICI I h 0 1), Co Sb155
Proposed Zone DistrictAAmendinent fi:a : 11Gt-V pe- "CDM k'Ed T (al4J%L.
FAttu- /p,Zk a ASA 5PEL/DL. U.S6
The Zol`i burr ' cT
Lot Size: gar APP1.I[4BE_,
c‘szi4.u„
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 stating the proposed zone district amendment and the reasons
justifying the zone district amendment
3. List of awners of adjacent 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 if other than applicant
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Glenwood Springs Fairy Caves
Garfield County, Colorado
Zone District Text Amendment
Special Use Permit Application
I. Location and Background
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
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
Assessor's Office records, and indicates the portion of the
property subject to the Special Use permit request.
The property subject to the lease is the only 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
':F" %'`' f` Property Area under lease
1000 0 1000
2000
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Data Sources: Parcel information digitized from Garfield Canty j
Assessor's Office Maps, 1996. USGS Glenwood Springs, Colorado'
7.5 Minute 1:24,000 Quadrangle Map used as overlay (Contour interval 400.) Photo revised 1967.
Fairy Caves Application
Exhibit 1
Vicinity Map
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VISTA HEJGH1S
SEC. 34 SUB DIV. SEC. JS
Subject Property
Stt MA
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Fairy Caves Application
Exhibit 2 r1ROCK
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Assessor Map
1 inch= 1,760'
1760 0
(1:21,120)
Source: Parcel Map from Garfield County
Assessor's Office Map 2185.
1760
3520 5280
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structure on the site would be
converted to a small gift shop. Site
improvements necessary to ensure the
• >� safe operation and provide emergency
�" 1= '` f ' access would include a twelve (12) foot
7."A
wide roadway to be extended to a
,,' f ,rte .�1' eta*
,..4 N .c f..;• - /. future cave portal and visitor center.
- ^;` The precise timing of the construction
arti'1.
... ;•
d f = of the visitor center is highly dependent
�, „ , �.1• ' qty, g . on the success of the tours, but is not
^*v { '•' s * '�' expected to occur before the period of
- '� -� . t - ' — - -- '"^ '' 2002 to 2004. Th
e structure would
located within an approximate building footprint of 40' by 50', and would step back be
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
Text Amendment and Special Use Permit
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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
Garfield County, Colorado
Text Afnendment and Special Use Permit
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IV. Site Description
ti ?'t 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 � . t : � ' • �,��' � g disturbed in the
past. The area proposetourist facilities is relatively flat, with grades of 5 to 8 percent. Due to forexistin ddihonal
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 mAhogany,
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 Surve o the Ri e Area Colorado Parts o Gar eeld 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
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Source: U.S. Department of .Agriculture Soil Conservation Service Soil
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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,
amendmentshall be referred to hereinafter as a Textdaries Amendment. (-82-or area of any113).. such
Section 10.02.01 addresses the initiation of a text amendment with the following
language:
Text Amendment Any owner of realproperty affected by such 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:
Zach land owner application for amendment shall be in the form ofa written request to
the County Commissioners identifying the applicant and clearlystating the nature of
the proposed amendment and reasons 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
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Fairy Caves Application
Exhibit 6
Existing Zoning
I inch = 1,760'
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Source: Parcel Map from Garfield County
Assessor's Office Map 2185.
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Open Space
Agricultural Industrial
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4.1 Commercial and Industrial
Uses
Goals
Galfeld County will encourage the
retention and expansion of convenient,
viable and compatible commercial
development capable ofprovidinga wide
variety ofgoods 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 andindustrial developmentare compatible with adjacent
land uses and mitigate impacts identified during the plan reviewprocess
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.
_ ncourage the location of commercial development in appropriate areas that
maxthv es 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.
Insure 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
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impacts and proposed mitigation is contained within
the Special Use Permit portion of the application.
Ensure that the type, size and scope ofIndustrial 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 andIndustrial developmentpolicy
that is environmentallysound. 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 andscreening will be required to address specifc visualimpacts of
Industria. 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 will include the identification andmitigation 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 Notltemized• Upon application or Oil its own initiative, the County
commissioners rnay, by resolution, add to the uses listed for a Zoning District any other
similar use which conforms to the conditions set forth in the following specialfndings•
(1) Such use is appropriate the physiographic ana'genera l en vironmental character of
the District to which itis added,
Glenwood Springs Fairy Caves
Garfield County, Colorado
t "^` Text Amendment and Special Use Permit
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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 resultingfrom 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 and permitted 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.
a = Glenwood Springs Fairy Caves
Garfield County, Colorado
Text Amendment and Special Use Permit
riROCK
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Submittal Requirements
1) Plans andspeciffcations for the proposed use
including the hours of operation, the amount of
vehicles accessing the site on a daily, weekly and/or
monthlybasis, and the size ofany 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
4 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
*— if., 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 wastewaterin conjunction with the
proposed use, please detail the amount of water that would be used and the type of
wastewater treatment. 11 you will be utilizing well water, please attach a copy of
the appropriate well permitand any other legal. water supply information,
including a 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
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A map drawn to scale portraying your
property, al. the structures on the
property, and the County or State
roadways within one (1) mile ofyour
property. Ifyou are proposing- a 110W 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 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.
4) A vicinity map, showingslope ofyourproperty, 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 CountyAssessor's Map showing all
public and private landowners as facent to your property. Include a list of all
properly owners and theiraddresses.
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
2185-053-00-035
2185-033-00-035
2185-041-00-963
2185-044-00-005
2185-044000-007
Pro.e Owner
City of Glenwood Springs
Joseph and Celina Claudon
Bureau of Land Management
Chimes Investment Club
Lyle and Kathy Moss
Glenwood Springs Fairy Caves
Garfield County, Colorado
Text Amendment and Special Use Permit
Mailin_ 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
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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
Fairy Caves Application
Exhibit 7
Topography
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6) Attach a copy of the deed and Legal description of
the property. If you are actingas an agentfor 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 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, powergeneration and/or transmission
industry, oranyother classified industrial operation,
you must submit an impact statement consistent with
the requirements ofSections 503, paragraphs I
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.
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 volumegenerated by the
proposed use and to provide safe, convenient access to the use shall either e in
place orshall be constructedin 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
Text Amendment and Special Use Permit
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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 traic added will not exceed
ability of the road to handle additional traffic. Trip genera on is based on the 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 Friday Saturday Sunday Monday Tuesday Wednesday
071798 0718.98 0719.98 0720.98 0721.98 0722.98
Total Daily Vehicles 77 108 40 47 40 22
AM Peak 5 12 4 6' 7 3
PMPeak
13 15 15 8 7 1 9
Project 80 80 80 80 80 80
Total Dally Future 157 188 120 127 120 102
Trips
Roadway Capacity 200 200 200 200 200 200
%ofCapacify 78.5% .94.0% 60% 63.5% 60% 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
=-E:-..jj Text Amendment and Special Use Permit
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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.
1 .til.to t,'. ,i 5. Soft spots along the roadway will be
a
by replacing sections of the roadway with imporrted cleanpit-pired bygunsubdrain system or
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 ad acent uses
of land through Installation of screen fences or _landscape materials on the
periphery of the lot and bylocation ofthtensively utilized areas, access points,
h htingandsignsin 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 bepermittedbased on compliance with the
requfrementslisted herein; where uses are listed as Special Uses, they shall be permitted
only.-
(1) Based on compliance with all requirements listedherefn, 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 Commgssfoners, which Board may impose additional
restrictions on the lot area, floor area, coverage, setback and height of proposed
uses orrequire additional off-street parkr 2g, screening fences andlandscaping, or
any other restriction orprovision it deem isnecessarytoprotect the health safety
and welfare of the population and uses of the neighborhood or Zone drstrrctas a
condrtion ofgrantfng 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
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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 orany impact
ofthe special use which it deems injurious to the
established character ofthe 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, and the applicant
has addressed the impact of additional vehicle trips on
the access road.
Application: All special use permitapplications shall be
filed by the owner or owners ofthe subject lot with the
Planning Director on a form provided by the Planning
Directorfor this purpose and shall consist of all information required of an application
fora permitand subject to all administration procedures thereof plus the following.•
(1) Supporting information, plans, letters ofapproval from responsible agencies and
otherinformation 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 subjectproperty, location of roads
providing access to the subject property, location and use ofbuildings and
structures on adacentJots 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 Commissionersfrom the applicant explaintgin detail the
nature and character ofthe Special Use requested. (A. 79-134
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
C CREEK
L15TUDIO,,
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Attachment A
DEED AND ACCESS EASEMENT
r1 ROCK
NCREEK
r1STUD10.
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iteCt;pt7.. Tt ;i:!. . ii;U:3 .:1'..._ .�. •u .,, _.
SUL'1' C.1...11I ilduil
THIS DEED, made this 3rd day of :November, 1961 between
HELEN DULIN LOVETT, CRETCHEN CROSS, and CLIFFORD E. DARROW of Garfield
County, Colorado, NICHOLAS J. DARROW of Orange County, California, ARTHUR
C. D.:RROW of Salt Lake County, Utah, AGadS 3iGu1'RICE A Utu:J :iud EUGcNS
DARROW of King County, Washington, JANE TYLER of dack/aoa -Conn"" u �` .
T.
t�iitssbura,
ALICE G. KOPP and WILLIAM F DARROW of Cook County, Illinois, HORACE F.
DARROW of Santa Cruz County, California and HERMAN L. DARROW of Ventura
County, California of ;the, first ;part, .and PETER.B..PREBBLE. and _ ROBERT
O'CONNEL of Denver, Colorado and ROBERT WILBUR of .Boulder, Colorado of the
second part,
WITNESSETH, That the said parties of the first part, for and In •-
consideration of the sum of Ten and no/10D ($10) Dollars and other valuable -
y considerations to the said parties -of the first part in hand paid by. the
said parties of the second part, the receipt whereof Is hereby confessed
and acknowledged, have remised, released, sold, conveyed 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
parties of the first part have in and to the following -described land • •
situate and being In the County of Carfieldend State of "olofado;cwit
The Ni SWC of Section 3, and Lot 10 of Section 4, in
4. b S., R. B9 W. bth P.M. Also, .all of grantors'
right, title, and interest, If any, _In all rights-of-
way and all other rights and privileges, If any, over,; t
along, across,' -and upon lot 6 of Section 4, -Tp. ab S.,
.7139 A. 6th r.M„ as reserved by that certain deed
recorded in Book. 20 at Page 403 of the records In the
office of the Clerk and Recorder of Garfield County,
Colorado, -
The grantees shall assume and agree to pay all general taxes
subsequent to those of the year 1960, payable in the year 1961.
Provided also that.the grantors make no representation nor aaarranty
1
of Acreage nor of any -title In them -whatsoever, and the grantors do not
undertake to warrant the location or existence of any cave cr caverns upon
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'accorded i t. L313
_., s4locky iRpr z.. _QG Pook 357
llrreptionIgo. .225315 Chas. S -Cee gip
'.._........�.
Tins DEEn, said. ads .24th
in thcyamr of our � � � March
iinthey rofour rd 1. ..'and nine lumdrednndallft -folio
�j sI' t 1940 �%ountl y off and
Denver, •ii0BF.RI' to CGN.N iL
aj ay of boulder
nrColorado, ofthe first J' 1. awl and State
1'CW, 1NL•.
& �♦
exi:tilrg undor nod by virtue of ah,• Lnv1 o1'Ilse Mote f II Colorado orgaat:,� and
of thr ig lindl lulry: -�
nth
'
'ggqY1
:vllhl.hy1:J11, ilial ihr buildON!:: and
part hour tho that
L,H:.•1..:l i,l CP f.:ODd and ;Iran. Jur anJ in cnnsidrm lion of
oar( los of the lira! -valuable Lona the luau of
1:•v11...ai oar(l d m• 011he lir L int In band pail 1 ILn aid part id IIti ons .
i.l..h 11/, ;: ' iarnntod, bargained, 1 n of Ih.• ::d, null
rasa, tone receipt whereof l+
1 un, :..•ll, eunl'oYa,ul rmtlinrb unto tnIJ and rinvl
I' mol if the fauna inn. Ile:n•riiT lit IIIe!;aid party of tilos a.lxvnd vars. o :r: ly, ,- is d assigns
du
4 to
i foully of Garfield or)rmc,d of bind, t)-ingunJhrin rad assign..+tmr+'ar,
and aule of Colorado, >; in 161.
the JJ71 ai71 to uit:
�.k' 1 �, • of .9 lection 3. and i131 10 of Section 4, in
richt,ti !lie, � nti.interesEth � .Alan. all of frantorst
alo,p •.l end -all
ss and upon and.6privileges. f any, in iii any, over,.
71.. d9 Y. -of
11Dok�,. 'as eserved by ltn er, 1P: £J:1:,:.
recordedecd inhc leek and a 405Jif that
records in the
Colorado e, a1'.rJriinld :aunt
• y.
1lECOROER8 STAMP
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lints 111 :m}1/ iae
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'7! "tut:; L:n/adnr.: I h.q.! tut L.,riy' 111.
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•' a!1.v 4,,C.111.- 1111 and n'P1Y ;ninon .u•,)y.raur,a lawfully 1.d party or lone noon
us nd signs, :1 .1i tibial ;nine soil) ivdltll 1.d 1113.1, ita
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Book 338
1`aiv2 2:5
any of said lands, and the grantors do nut warrant nor guarantee any ease-
ments or access rights to or from the lands described above, it being intended
that this deed is by way of quit claim only.
Provided further that this 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 or installation now located upon any of the above described property,
.but will permit the aame 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:RAVE AND TO TOLD the same, together with all and singular the
appurtenances and privileges thereunto belonging ar in anywise thereunto
appertaining, And all the estate, right, title, interest and claim whatao- •
ever, of the said parties of the first part, either in law ar equity, to the
only proper use, benefit and behoof of the said parties of the second part,
their heirs and assigns forever.
3N WITNESSWHEREOF, The said parties of the First part have here-
unto set their handsand seals the stay and year first above written.
•
iay, w/Yl
QUIT.aLA.1K DeeD._1o4o._u..... d-.... r........... �`'".•"'.
his eelll .�lfitle lhis (�
£Iwasarul eight hundred and h o : (..yfY--.� day W EN
BET
Of the County of
✓et '
f°Qy, 4-/o S
in the year of our Lard one '
• qq �/ad Slate of Colorado, of the first part, and
•
of the County of. ��/f(::Z( ` /.
and State of Colorado, of the second part,
first part, for Ural in consideration of the aan. of
gil. S�La.a
f Dollars,
IYITXESSETLI, that //e said part (/of 1L
to the saidart (/ r
p f of 1/e first part in kind prairl,
huh/ remised r 'leased, sold, conveyed nd Olt!
said part(� U/I
part.
the said part (/of lire second part, the receipt whereof is hereby confessed and acknowledged,
CLAI,r1Il D, a by these p/ remise, release, sell, convey and ?UIT-CL.ILAf unto the
of .he second proof,-_'�L�1 ll "'
heirs art unto forever, all lite richt, title, interest, claim and demand which the said
u, 'ij,q lira part ra4/ia and to the following _
OJ /� f rlcacr•ibcd �%
r'.`LL `t. and Skate of Colorado, to hit : „� situate, lying and being '
, /--- 7 J Fin Use County of
(rCd.
rt 01/-
21' fill' vi r GGr
!• !r �..!/C•�?.`__`"�" f:L(•!.11.CL2PLrt�o�r.
(L;lC�''rf''zt_''•'>_i--'!{.vlre..e2.C131_ ::Gi+; /_ '• � :r� t'r.0:_:..1��%Ln-�Gl�/a< _
!./ -0:77:
Ii 4 /�. (.rl.L;/!(,t!“,gA,. � !rr_i. D 9 �" L.. t?e. col.
tF•l`C/t::: rl!(0r r ..a r.(.. / ��-Y retiat.X,� Q.tr-rtoQ✓�zr. � '.9 /
`i'f ` /� -:44. r J�/� _. �/ ...._ 2A-4 l.Gt�_ ✓C.L�r.t•r r _ /!.a -c C�..i..I� • L�
r-' 1/ v .;Lfl:!-r �/?.e. -C `%i 7.- - /� • ! c./ `'. L.--- c' 1i'rn_r[
- f for-�Fc.-�zr-.yY__
Q ! / r LG +uc���
(�(1 r rr ( (/,1 i � � ,.
jl/�gcrr.1 1 L, t(/ /Lr %(( /J
c . r t r //t! l • (f1 ‘. ,!. A C..z( 5. ,Lr-r�.¢.,.. 42/r/..�
•
2z' t 9(y .(•t.t..a.L, « /20 .;�'cr"� •'�i tom/
sl2�i/.L !r'•r•v .;(1flei /
C-(,,,utei.. v<7 Siff • , _ L
lF1:Y
aa•ct.r K'Q�—
f -C .,((. !t„.Li .,e -G uy-er- 1.f +• ee„t
_.1aL.�il�r1
-C-(:r.
_ `�,���'�`• <-�i7=.cv>�� fib'=qdF
� Fl•�/Q-r�-����.gt�
f) •�/LCL/LCLLLI�•"-�.'•r.Gc•Q/
.l_
•
TO ltd 1•'1.' .1.471 7'rJ 110LD 7'/lh' Eddie, together with all and singular the nppurteruurces and privileges thereunto belonging or in anywise
!hereunto appsrlair,in;, and all the estate, ?fight, Lille, interest and
t0 the only proper use, bene/Ll and behoof of the said title,
of ottani. whatsoever, /Arb said partt"u the
Ie Ilyproper sPDEllht a !).e hood pant/ 1 the second art, s first part, either in lawm'u/oily,
p (� of llfryfirst It �—�7"cora and assigns forever.
first above written. (Irf �/V parthereunto act -.-1 .P�
A AanrLarul seat_.lhe day and ,sear
SIGNED, SEALED AND DELIVERED IH PDESENOE OF
- -
S'14'Fl: y,10 71>L01 f/''�_
Uba+rty rf. ••✓(t.:./r .! ( as. • I C 'Ce�_i .�1 t
in an.IfoKi;lit lty inrhe S1,oio aforesaid, -��••__•__. L.a/�ia:((.r.r% CC.,
f .d, du hcreby,cortifj Cult. /' �2.��(.a.�
personally known to me we 10 person w19,fe name r+2(.p <..y
Bary i/�/rers0,., and ncA;nowlulg ✓%��aubscribul tv lJe Dried, .
cd Mal - P.. __si: sed, sealed and dekugrr� , • Yn p ulnenPeared before fwriting
nu this
. free and voluntary aol,Tyyr the furrs/aral purposes t e aa.d rutrnntent of writing as
(1100,. under "!/ /Laud arid. ¢(ic ...aaX p s cin set forth.
•:_ t tical this./0 ` / _ ,
�`ay °f -��C-`. D. l fY�ef
dly am>nission expires.,_!. N.:f r
A'ilcd fur !(ef:orrt £i.o •�✓./
rb y1' //�
-dal/ l Of C2l. MD..Lb o'clock sit:
0,y W_Recor•der,
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Attachment B
PERMISSION OF
PROPERTY OWNER
r' OCK
NCREEK
T1STUDfO,
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POW, INC
5155 Raleigh Street
Denver, Colorado 80212-2609
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August 10, 1998
Mark Bean
Director ofBuilding & Planning
Garfield County
109 8th Street
Glenwood Springs, CO 8160I
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 '/2 of NW/4 SW/4 Section 3 Township 6 South Range 89 West
South %2 of Lot 10 Section 4 Township 6 South Range 89 West
Thank you for your cooperation.
eter Prebble
President
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Attachment C
LEASE
r1ROCK
C1CREEK
G15TUDI0,,
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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 Washineton 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 S1,500 per month shall be due Lessor during
the Development Phase. During the Development Phase, Lessee shall have complete access to the
surface of the 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 53,000 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
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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 (]0%) 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 less
than 60 days written notice to Lessor, at any time after the third year of the Operations Phase, and
the Terrn 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 tnutually 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 damaees incurred
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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
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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 niay 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.
H. All utility and phone lines installed by Lessor and Lessee 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 loss,
damage, and expense, including reasonable attorney's fees, which it may sutler or be put to by
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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 Section 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.
IfLessee 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 Property, 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
of any 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 Lessee.
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 niay 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. lithe 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
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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 to 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 afler 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 term 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
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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 loss 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 loss 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 $1,000,000 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
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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 $500,000.00 (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 1 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. If the
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 irnprovements to the Property which are made by Lessee.
24.Sale or Foreclosure of Pronertv. 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 lienholder thereon.
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25. iv r. 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 MnrGfrcation
valid or binding unless expressed in writing and executed aby mendment
of the parties or modification fhereto n t e sthis Lease abe
me
manner as the execution of this Lease.
27. Attorney's and Arbitration Feec, 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. Ar itr ti n.
A. Agreement to Arhitrat . 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. $election of Arbitrator. Arbitration hereunder shall be before one neutral
arbitrator, being a person from one of the following categories: (1) 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 parries 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 Rule . 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. Discovgrv. 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:iBECKLEY\GLENWOODILEASE4. 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 parties, 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 adds Lease shall not be affected thereby.
LESSOR
POW, INC.
By
v.
i
•.,E
Peter Prebble, President
Address: 5155 Raleigh Street
Denver, Colorado 80212-2609
10
LESSEE
JMB PROPERTIES, INC
By
Steve Beckle.,
Address: c/o Steve Beckley
P. O. Box 4491
Englewood, Colorado 80155
P:48ECKLEYIGLENW0001LEASE4. WPD
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STATE OF COLORADO
COUNTY OF ✓ /%.
) ss.
The foregoing instrument was acknowledged before me this 'z.^eday of AV,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 LSCA/ VER
r.
Notary Public
My commission expires:
) ss.
'/, 7/7-a /
The foregoing instrument was acknowledged before me thi nd
by Sieve Beckley, President of JMB Properties, Inc., a Colorado corporation, on behalf of said
corporation.
Witness my hand and official seal.
4//a. &.41{
Notary Public
My Commission Expires: 3/Z7,2cc/
1 1 PASECKLEYIGLENWOODILEASE4.WPD
1
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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:IBECKLE Y\GLENWOODILEASE4.WPD
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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
P1BECKLEYIGLEN WOODILEASE4. WPD
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EXHIBIT C
to Lcasc between
Glenwood Corporation and POW, Inc.
dated April 22, 1998
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Attachment D
ENGINEERING REPORT
AND
TRAFFIC COUNTS
',ROCK
riCREEK
MST010,
us
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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
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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.
Sincerely,
enneth W. Curfman
PE -PLS 25620
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TO STEVE- tECKLE'
ATTN E V
FAX NO
Sheet of
HIGH COUNTRY ENGINEERING, INC.
923 Cooper Avenue
Glenwood Springs, CO 81601
(970) 945-8676 • FAX: (970) 945-2555
DATE J V ,23 99
SUBJECT T . r —r&?;/
Volume Cam -1-S
JOB NO.
We are sending the following: gI Herewith 0 Under separate cover
i Photocopies ❑ Prints 0 Documents
❑ Mylars ❑ Shop Drawings
NO. OF
COPIES
LATEST ITEM
DATED
If material received is not listed above, kindly notify us at once.
Transmitted by:
First class mail
U.P.S. Next Day Air
0 Federal Express
❑ U.S. Express Mail
❑ U.P.S. Std. Service
0 Messenger
• 0 Pickup
0 FAX
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Volume Count Report
Generated by MSC3000 Version 2.01
Location
Location Code
County
Copyright 1990-1992 Mitron Systems Corporation
Transfer Trail Volume Counts
•... 98999
Garfiel
Recorder Set
Recording Start
Recording End
Sample Time
Operator Number
Machine Number
Channel
Divide By
Summation
Two -Way
07/17/98 18:13
... 07/17/98 19:00
07/23/98 08:45
15 Minutes
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
0
2
1
0
0
0
0
0
0
0
0
0
0
0
3
0
0
3 0
0
2
1
0
0
0
0
0
0 0 0 1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1 0 4 3 3 2 7 8 3 13 6 12 2 77
0
0
0
0
0
0
0
2
1
1
0
0
1
2
0
0 0
0 2
1 0
2 0
3 0
2 2
1 4
1 2
0
2
0
1
AM Peak Hour 10:30 to 11:30 (5 vehicles)
AM Peak Hour Factor 62.5%
PM Peak Hour 15:00 to 16:00 (13 vehicles)
PM Peak Hour Factor 65.0%-
Saturday
5.0%
Saturday 07/18/98 Channel:
1
2000 2100 2200 2300 2400 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 110(
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
1 0 1 1
2 6 0 2
3 0 0 1
1 0 0 0
AM Peak Hour
0 0 0 0 0 0
0 1 0 0 0 0
2 0 0 0 0 0
D 1 0 0 0 0
0
0
0
0
AM Peak Hour Factor
PM Peak Hour
PM Peak Hour Factor
•
0
0
0
2
0
0
2
0
2
0
0
2
2
0
2
5
0
3
4
4
2
3
3
5
2
2
0
2
3
1
5
3
0
0
3 8 5 10 11 11 7 3 108
1
2
0
0
5
0
1
2
3
2
0
0
5
0
3
2
09:45 to 10:45 (12 vehicles)
60.0
15:30 to 16:30 (15 vehicles)
37.50
2
5
3
1
10
0
0
1
1
3
2
0
1;1
1
1
1
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 Total
4 15 4 2 0 0 0 0 0 0 0 3 1 0 0 0 2 1 2 0 0 2 2 2 4(
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 33.396 -
PM Peak Hour 20:00 to 21:00 (15 vehicles)
PM Peak Hour Factor 62.5a
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
AM Peak Hour 10:45 to 11:45 (6 vehicles)
AM Peak Hour Factor 37.5%
PM Peak Hour 12:00 to 12:45 (8 vehicles)
PM Peak Hour Factor 28.60
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 43.80
PM Peak Hour 14:15 to 15:15 (5 vehicles)
PM Peak Hour Factor 62.50
•
1
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1
1
1
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1
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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 Totat
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
PM Peak Hour 20:15 to 21:15 (9 vehicles)
PM Peak Hour Factor 75.Oo
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Attachment F
Agricultural/Industrial
Zone District Text
PIROCK
CREEK
G15TUDIo«.
1
3.00 ZONE DISTRICT REGULATIONS
The zone districts shall be governed in conformity with the following regulations:
111, 3.01 A/I--AGRICULTURAL/INDUSTRIAL
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3.01.01 Uses. by rizht: Agricultural, including farm, oarden, greenhouse, nursery, orchard, ranch,
small animal farm for production of poultry, fish, fur -bearing and other small animus, 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. 80-180; 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;
goup 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,rocessing;
public gatherings; commercial park; recreational support facilities; guest houses. (A 80-180;
81-145; 81-263; 86-09)
Accessory dwelling emit ni=ting the standards in Section 5.03.02 for any lot 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) Frontward: (a) arterial streets: seventy-five (75) feet from centerline or fifty(50) feet from
lot line, wflichever 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 Iot 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
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Appendix B
Previous Resolution
of Approval
546854 06/08/199103 P904111PLSDORF11
1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO
eA CAt.5
STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County
Colorado, held in the Commissioners' Meeting Room,
Springs on Mnnriay , the7th day of ,Trina
Commissioners for Garfield County,
Garfield County Courthouse, .in Glenwood
A.D. 19 99 , there were present:
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Administrator
John Martin
Walt Stowe
Larry L. McCown
Don Deford
Mildred Alsdorf
Ed Green
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 99-069
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
H 194
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..iui mon fir 111111111L_. ,11 1111 1111
546854 06/08/1999 03:39P 81.133 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.
3. 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
1111111 11111 ■Niue u.... ._. ..— -
9
34of54 4 R60.001Dg0.00 GARFIELD3 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
ATTEV,:, , ,
•
erk oft}i'e'Board; G .
, A.D. 1999 .
GARFIELD COUNTY BOARD OF
CO 1 SSIONERS, GARFIELD
COQ , COLORADO
Chairm
.. , •• ••••�� 111 Hill 11111. 11 11111 1111 1111
• 546854 06/08/1999 03:39P 81133 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
County of Garfield
)ss
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
•
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Appendix C
Previous Resolution
of Approval for First
Amendment
--111 -.l11.1 ■uu1■ 111111 ■11 1111111 III 11111 1111 1111
603812 05/22/2002 09:50A B1356 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 - 4 7
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
CommerciaU 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
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2 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO
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 staff report, 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 -12aui Friday and Saturday
b) The tramway towers and passenger gondolas will not be Iighted
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 groups of 3
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
I) 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
3 of 5 R 0.00 D 0.00 GRRFIELD COUNTY CD
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 bearproof 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 public notice 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.
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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
issnance 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 finalized 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.
•
, A.D. 2002 .
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
Oi' ,COLORADO
4
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5 o14f 5 R 0.00 D 0,00.GARFIELD�COUNTYroot;nCO1.4uurcr
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN , Aye
COMMISSIONER WALTER STOWE , Aye
, 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. 20
County Clerk and ex -officio Clerk of the Board of County Commissioners
5
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Appendix D
Pre -Annexation
Agreement With
Glenwood Springs
Allowing For Sewer and
Water Services
•
PRE -ANNEXATION AGREEMENT
TO PROVIDE WATER AND/OR SEWER SERVICE
THIS AGREEMENT made and entered into this day ofJuly, 02
CITY OF GLENWOOD SPRINGS, COLORADO, a Colorado home -rule municipali and b y C een the
Glenwood Caverns, Inc., a Colorado corporation, and Glenwood Tramway, LLC, a Colorado lim ted
liability company (hereinafter "Petitioners"); luruted
WITNESSETH:
WHEREAS, POW, Inc., a Colorado corporation, is the owner of certain real
currently located in unincorporated Garfield Courproperty
and of Section 4: Lot 10, Township 6 South, Rang89 Colorado,est, described
Priincipaal Me than W/4
"Property"); and p Meridian (the
WHEREAS, Glenwood Caverns, Inc. and Glenwood Tramway, LLC are the lessee
portions of the Property; and sof
WHEREAS, POW, Inc. and the Petitioners desire to annex the Property and connect it to the
City's water and sewer system; and
WHEREAS, C.R.S. § 31-12-121, as amended, authorizes the City and Petitioner(s) to enter
into a Pre -Annexation Agreement; and
WHEREAS, the City and Petitioner(s) desire to enter into this Agreement to set forth their
agreements in writing concerning the terms and conditions of annexation of the Property to the Ci
and the provision of water and sewer service to the Property.'
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the receipt and sufficienc of hereby acknowledged, the City and Petitioner(s) agree as follows: y is
1. P os The purpose of this Agreement is to set forth the terms and conditions of the
annexation of the Property to the City. Except as expressly
conditions herein are in addition to any and all requirements concerningded annexation herein to the contained in, alle
Municipal Code of the City of Glenwood Springs in the
Annexation Act of 1965, as amended, C.R.S. § 3112101, et seq. This A Code")ty eeen the Municipal
provide a contractual relationship between the City and Petitioner(s) to ensure compliance with
gr meat is intended to
City Code, state statutes, and all terms and conditions set forth herein. This Agreement in the
additional terms and conditions for the purposes of the Municipal Annexation Act. dudes
Pre Annexation Agreement
Page 1 of 8
•
2. Effective Date. This Agreement shall be effective upon the date of execution b
City of Glenwood Springs of this Agreement or the execution of an aerial tramwaylea Y the
for the installation of an aerial tramway across City property whichever is later. se agreement
3. Annexation. The annexation of the Property p rte shall be in accordance with the Colorado
Municipal Annexation Act of 1965, C.R.S.
§ 31-12-101, et seq., as amended.
4. De -Annexation from S ecial Districts Includin • Fire Service. Petitioner(s)
petition for exclusion from any taxing districts, including the Glenwood S Rural Fire
Protection District, which provide services to the Property that the City is capable
at
such time as the Property pigs Fire
p rty is annexed into the City. All costs of de -annexation shall be borne by
Petitioner(s).
5. Fees. Petitioner(s) agree to pay the following fees related
Property:
to the development of the
a. Water System Improvement Fees. Petitioner(s) agree to
improvement fees in the amount of $3,693.64, subject to an paY water syual increase otemt to
exceed five percent (5%) per year, unless otherwise amended by City Council on a
City wide basis prior to the payment of such fees.
b.
Credit for Existing Service. Petitioner(s) may be acquiring a two (2) inch water tap
which has previously been paid for by the current owner. In the event Petitioner(s)acquire said tap the number of EQR's available from the tap shall be determined
based on its historic location. After such determination
EQR's available will be deducted from the totaalWater Syst me Improvemthe total ent
F of
provided for in Paragraph 5.a. p nt Fees
c. Sewer System Improvement Fees. Petitioner(s) agree to pay applicable sewer sste
improvement fees at such time as the City and the Petitioners agree to the terms m
specifications for the provision of sewer service to the Pro e and
increase not to exceed five percent (5%)p m'� subject to an annual
per year, unless otherwise amended by City
Council on a City wide basis prior to the payment of such fees.
d. Miscellaneous. Petitioner(s) agree to pay
publication, recording fees, and similar reasonable administrative cd hare es e notice
the annexation or this Agreement. g related to
6. Easements. Petitioner(s) shall obtain, at their own cost, all easements necessary
water or sewer facilities which serve Petitioner(s) property. Petitioner(s)shall submit engineering
drawings of the proposed easement widths and specifications for review thefor
Engineer, which approval shall be based u on and approval by the City
generall
practices and shall not be unreasonably withheld.y-accepted engineering standards and
Pre Annexation Agreement
Page 2 of 8
•
7. Ownershi and Maintenance.
a. Internal Service Lines and Facilities. Petitioner(s) or their successors shall o
maintain all water and sewer facilities within the boundaries of the Propertyrtand
perpetuity this shall include all facilities which are suspended from the Tramway m
well as all internal facilities located in Two Rivers Plaza Subdivision which serveas
Property. the
b. Main Line and Service Extension. Petitioner(s) or their successors
maintain any necessary water and sewer main line and service extensions and el and
easements. related
8. Plans and S ecifications.
The maintenance, and operation of the water and sewer plans
ilities shall be ind cc tions for the installation,
guidelines and shall be subject to the prior approval of the Ci staff,
unreasonably withheld. A licensed, professional conformance with the City's
certification that all water and sewerd professional
such approval l pt to be
engineer selected by Petitioner(s) shall provide
approved plans and specifications. Petitioner(s) shall prole de the ents are City withlled in accordance with the
drawing files of the "as builts" of all water and sewer facilities co Mylar and Auto Cad
Agreement. constructed pursuant to this
9. Service Fees. The City shall be entitled to charge reasonable monthly
n the Property as are provided for service necs for
water and/or sewer service within and established by the Municipal
10. Unforeseen Costs. Petitioner(s) agree
harmless against any costs or liabilities arising outf and directly
provided, however, that the event oti litigation'� defend and holds Agreement; the City
the City agrees to ooperate with Petitioner(s)nnected with
defense of any claim and not to refuse reasonable settlement opportunities;
Petitioner(s) shall have the right to retain counsel of their choosingto
Pp rtunitily further provided that
the City may utilize its own counsel at its own expense. The City a eemply�extens Paragraph,
law, to indemnify, defend and hold the Petitioners h or
out and directlymindemnify,
connected with the itand' to the or liabilities
by
armless against any costs liabilities arising
operation of a radio tower on the Tramway.
11. Ci Staff. Petitioner(s) agree a
reimburse the City for all of its reasonable expenses for paid staff and consultants
P y a one time non-refundable fee of $750.00 to
negotiation, drafting, and execution of this Agreement and relating to con trustono the water the
sewer facilities to be paid within sixty (60) days of execution of this Agreement.
traction of the and
a' ant.
12. Provisions Exclusive. The Ci
ty and Agreement contains all requirements of the Petitioner(s) Petitioner(s)
conce rrnin agree
pe and acknowledge that this
service to the Property, parkland dedications, transportation impact fees, water rof ights
dedications, sewer
nghts dedications,
Pre Annexation Agreement
Page 3 of 8
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and other matters expressly addressed under this Agreement. No additional substantive re
shall be imposed upon Petitioner(s) with regard to the matters addressed herein. quuements
13. Annexation. At such time as the Property
boundaries of the City of Glenwood Springs, and the City hasonotifies Petitioners '
sufficient contiguity with the
Petitioner(s) agree to file a Petition for Annexation within sixty (60) days of the date said lc contiguity
occurs. In the event that Petitioner(s) fail to timelyfile a Petition forn of to this
paragraph the City shall have the right, subject to the Municipal Annexation Act of
ffnt 1965 this
amended, to annex the property at such time as the City deems appropriate. By enteringinto this
as
Agreement the Petitioner(s) specifically waive their right to contest such annexation this
commenced pursuant to the provisions of this paragraph 13. if it is
14. De -annexation. The parties agree and stipulate that the express provisions of this
Agreement are a material consideration of the agreement of Petitioner(s) to annex the Pro his
City. Therefore, in the event the City fails to perform under this terms of this Agreement es stated, to the
the parties stipulate and agree that, pursuant to C.R.S. § 31-12-501, it shall be in the best
the City that the Property be disconnected from the Ci � t as
interest of
ordinance effecting such disconnection and will speedily act upon any application for dievent, the City sco enact an
submitted by Petitioner(s). The City further agrees and acknowledges that such disconnectionconnection
authorized by the Charter of the City of Glenwood Springs and the applicable ordinances
enacd y
the City and that it shall take no action amending either its Charter or ordinances thates wouldnacted by
such disconnection. preclude
15. Election. Petitioner(s) agree that they are voluntarily entering into this A eem
Petitioner(s) represent and submit that, to the extent an election would be required e.S.
§ 31-12-112, as amended, to approve the annexation or to impose terms and conditions
upon C.R.S.
Property to be annexed, Owners own 100 percent of the Property to be annexed and would ons the
approve the annexation and all terms and conditions as set forth herein. Thus, any election wouldte to
necessarily result in a majority of the electors' approval to the
conditions herein. annexation and the terms and
16. Assent The parties agree and acknowledge that the rights and obligations
Petitioner(s) under this Agreement may not be assigned or transferred without the e g of the
consent of City prior to such assignmentexpress written
or transfer, which consent shall not be unreasonably
withheld. The City hereby consents to an assi
l
follows, provided that Petitioners first vement ofPetitioners' rights under this Agreement as
provided uh assi Written notice of such assi
ghee aCity d
grees in writing to be bound by the terms and conditionsi ofentto thishe Agreemen :
(a) Petitioners mayprovide a collateral assignment
providing funds to Petitioners for the acquisiiin,, construction or financingg Agreement to any lender
related property or for working capital aerial tramway or
Agreement to(i)an p purposes; and (b) Petitioners may assign their rights under this
y person or entity owning Lot 1, Two Rivers Plaza Subdivision (the Tramway
base property), (ii) any person or entityowning
Glenwood Caverns are lorson or ti the real estate now owned b POW the
(iii) any person or entityo y , ay where
caning the aerial tramway system.
Pre -Annexation Agreement
Page 4 of 8
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17. Final Agreement. This Agreement supersedes all prior written and oral ad eem
and representations of the parties and is the total integrated agreement between the Ciagreements
Petitioner(s). City and the
18. Modifications. This Agreement shall not be amended except by subsequent
agreement between the City and the Petitioner(s), written
19. No Representations. It is expressly understood that the City cannot legally be bound
by the representations of any of its officers or agents or their designeesg Yhe
City Code and the laws of the State of Colorado. Petitioner(s),when dealingwith the City,accordance ac the
their own risk as to any representation or undertaking by the City officers agents
is or theire act at
that is subsequently held unlawful by a court of law with competent jurisdiction, designees
20.g. tions. The captions and paragraph headings in this Agreement are inserted
for convenience and in no way define, limit, or prescribe the scope or intent of this only
part thereof. Agreement or any
21. Bindin Effect. This Agreement shall be binding upon and inure to the benefit
parties hereto and their respective heirs, successors, and assigns. t of the
22. Seve_ r_ abilit If anyprovision(s) of this Agreement shall be determined to be v
old or
invalid by a court of competent jurisdiction, then such determination shall not affect any other
provision hereof, all of which other provisions shall remain in full force and effect. It is
of the parties hereto that, if any provision of this Agreement is capable of two constructthe intention of
which would render the provision void, and the other of which would render the provision ions, one n
the provision shall have the meaning that renders it valid. P sion valid, then
23. Governin Law. This Agreement shall be construed, interpreted, and enforced
accordance with the laws of the State of Colorado. Should anyuteionor
enforcement of any obligation contained herein, it is agreed that the venue f such suitor action for
be in Garfield County, Colorado.or action shall
24. Attorneys' Fees. Survival
between the Ci ---• Should this Agreement become the subject of litigation
ty and Petitioners) (or any of them), the prevailing
of all actual costs in connection therewith, including but not limited toshall attorneysTitled and expert
recovery
witness fees. All rights concerning remedies and/or attorneys' fees shall survive
y fees a
this Agreement. any termination of
25. Authori .Each person signing
is fully authorized to enter into and execute this Agr ementment and to bind the partywants that he or she
or she purports to sign to the terms and conditions hereof. on whose behalfhe
Pre Annexation Agreement
Page 5 of 8
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26. arts. This Agreement may be executed in counterparts, each of which shall
be deemed an original, and all of which, when taken together, shall be deemed one and the
same
instrument. This Agreement may be executed by facsimile signature; provided that the original
signature page shall be transmitted to the other party by regulardays of uch
facsimile signature, mail within ten (10)
27. Notice. All notices required under this Agreement shall be in writing and shall be
sent by hand -delivery, facsimile transmission, or registered or certified mail, return receipt requested,
postage pre -paid, to the addresses of the parties set forth herein. All notices by hand delive or
rti
facsimile shall be effective upon actual receipt. All notices by mail shall be considered effective
seventy-two (72) hours after deposit in the United States Mail with the proper address as set forth
below. Either party by notice so given may change to address to which future notices maybe sent.
Notice to the City:
With copy to:
Notice to Petitioner(s):
With copies to:
City of Glenwood Springs
101 West Eighth Street
Glenwood Springs, CO 81601
Fax (970) 945-2597
City Manager
City Attomey
101 West Eighth Street
Glenwood Springs, CO 81601
Fax (970) 945-2597
Glenwood Caverns, Inc.
and/or POW, Inc.
c/o Steve Beckley
508 Pine Street
Glenwood Springs, CO 81601
Glenwood Tramway, LLC
Address: c/o Charles Peterson
302 So. 8th St., Suite 325
Glenwood Springs, CO 81602
Susan B. Hillyard, P.C.
540 Main St., Suite 108
PO Box 808
Delta, CO 81416
Pre Annexation Agreement
Page 6 of 8
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and: Glenn D. Chadwick
Beattie (Sc Chadwick
710 Cooper Avenue, Suite 200
Glenwood Springs, CO 81601
28. Gender. Whenever the context shall require, the singular number shall include the
plural, the plural the singular, and the use of any gender shall be applicable to all genders.
WHEREFORE, the parties hereto have executed duplicate originals ofthis Agreement on the
day and year first written above.
ATTEST:
City Clerk
By:
B
By:
By:
CITY OF GLENWOOD SPRINGS
Don Vanderhoof, Mayor
PETITIONERS
GLENWOOD CAVERNS, INC.
Steve Beckley, President
GLENWOOD TRAMWAY, LLC
Charles R. Pet- on, Member
Consent by: POW, INC.
Steve Beckley, President
Pre -Annexation Agreement Page 7 of 8
a
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STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this 2 rdday ofJuly, 2002, by Steve
Beckley, as President of Glenwood Caverns, Inc., a Colorado corporation, on behalf of said
corporation, by Charles R. Peterson, as a Member and Manager of Glenwood Tramway, LLC, a
Colorado limited liability company, on behalf of said company, and by Steve Beckley as President of
POW, Inc., a Colorado corporation, on behalf of said corporation.
y
\�•
:,p.
Notary Public •
ti
•
Witness my hand and official seal.
My Commission Expires:
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
110 The foregoing instrument was acknowledged before me this a day ofJuly, 2002, by Don
Vanderhoof as Mayor, and by Robin S: -Clemons as City Clerk, of the City of Glenwood Springs,
Colorado, on behalf of said City.
•
Witness my hand and official seal.
My Commission Expires:
)4) �-
Notary Public
MY COMMISSION EXPIRES 11/28/2005
Pre -Annexation Agreement Page 8 of 8
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Appendix E
Traffic Study
•
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GLENWOOD CAVERNS ADVENTURE PARK
TRAFFIC STUDY UPDATE
PREPARED FOR:
GLENWOOD CAVERNS ADVENTURE PARK
508 PINE STREET
GLENWOOD SPRINGS, CO 81601
PREPARED BY:
HIGH COUNTRY ENGINEERING, INC.
1517 BLAKE AVE. STE 101
GLENWOOD SPRINGS, CO 81601
(970) 945-8676
June 23, 2003
JOB NUMBER 98065.02
GLENWOOD CAVERNS ADVENTURE PARK
TRAFFIC STUDY UPDATE
INTRODUCTION
The purpose of this study is compare the actual traffic generated by the Glenwood Caverns
Adventure Park tram to the proposed uses and traffic volumes anticipated in the traffic study
prepared by HCE for the Two Rivers Plaza subdivision dated April 17, 2000. The tram is located
on Lot 1 of Two Rivers Plaza and the Park is using Lot 4 for overflow parking.
TRIP GENERATION
The original trip generation for Two Rivers Plaza was estimated using Trip Generation, 6th
Edition published by the Institute of Transportation Engineers, 1997. Table 1 shows the daily and
peak hour trip generation for the impacted lots. A trip is defined as a one-way vehicle movement
from the origin to destination. The origin or destination of a generated trip would be within the
site area.
PROPOSED
LAND USE
# OF
UNITS
TRIP GENERATION
AM PEAK PM PEAK
AVERAGE TRIPS TRIPS TRIPS TRIPS
WEEKDAY
TRIPS IN OUT IN OUT
Lot 1 Retail Space
Lot 2 Car Dealership
Lot 4 Restaurant
40,000 SF
20,000 SF
4000 SF
257 123 134 95 103
50 20 17 23 27
78 29 30 43 35
Totals 172 181 161 165
ACTUAL
Lot 1 Tram
Lot 4 Parking
Lot 2 Land Rover
Totals
•
50 50 72 72
TABLE 1
RECOMMENDATIONS
This study analyzed the traffic generated by the tramway and associated parking. As can be seen
by the actual traffic (counts provided in appendix), the anticipated uses for these lots have
significantly higher traffic impacts than the tram and the associated parking. Therefore, currently
the tramway and the associated parking are having no adverse impacts on the subdivision
infrastructure.
At the request of the city we also looked briefly at the intersection of Hwy 6 and Devereux Road.
Based on the current volumes and those projected by the original Two Rivers Plaza traffic study,
the intersection does not currently warrant any improvements.
•
•
•
•
•
Appendix F
Sound Study
Glenwood Caverns Adventure Park
Attn: Steve Buckley
51000 Two Rivers Plaza Road
Glenwood Springs, Co 81601
800-530-1635
Creative Challenge Course Design
CA Class A Engineering Contractor #762430
Dear Mr. Buckley:
Based on national codes and accepted sound levels (please see the dB(A) scale), a concert with two point
sources of 120 dB(A) each (example: two speaker towers) will not create enough energy to carry the sound at a
perceivable level to the valley floor. Given that a major rock concert is capable of producing 120 dB(A) it is
very unlikely that the sound level for this venue would be at such a level due the small nature of the venue and
close proximity of the listener.
It is the opinion of the this firm that a concert performed at the proposed site with 2 or less 120 dB(A) point
sound sources would be heard on the valley floor.
rJ o'T
• Sincerely:
•
Emiliano Palumbo, President Tag Team Productions, Inc
Tag Team Productions, Inc.
PMB 123, 9175 Keifer Blvd, Sacramento, CA 95826 USA Phone / Fax: 1-877-505-6744
Email: info@tagteampro.com Website: www.tagteampro.com
Sound level by Distance from Source
Distance (m)
Sound Level Change dB(A)
9
-30
120
16
-35
Sound level
28
-40
talking
40
-43
Jet @ 10m
50
-45
30
56
-46
120
63
-47
52.018
71
-49
80
-50
89
-51
100
-52
159
-56
251
-60
355
-63
447
-65
563
-67
632
-68
795
-70
892
-71
ionsy
Creative Challenge Course Design
CA Class A Engineering Contractor #762430
The dB(A) Scale
Distance (m)
dB(A) level
d Power v
120
1000
Sound level
Threshold
whisper
talking
city traffic
Rock Concert
Jet @ 10m
dB(A)
0
30
60
90
120
150
The sound level decreases by approximately
6 dB(A) [ = 10*log 10 (2) ] every time you
double the distance to the source of the sound
How to derive the table above:
The surface of a sphere = 4 pi r 2
, where pi = 3.14159265, and r is the radius of the sphere.
If we have a sound emission with a power of x W/m 2
hitting a sphere with a certain radius, then we'll have the same
power hitting four times as large an area, if we double the radius.
How to add sound levels in general:
For each one of the sound levels at the spot where the listener is located,
you look up the sound power in W/m 2 in the first of
the three sound tables. Then you add the power of the sounds, to get the total no. of W/m 2
Then use the formula dB = 10 * log 10 (power in W/m 2 ) + 120,
to get the dB(A) sound level.
Source
Distance (m)
dB(A) level
d Power v
120
1000
49.008
8E-08
120
1000
49.008
8E-08
sum •
1000
52.018
2E-07
/m2
Conclusion:
Any noise @ a distance of over 1000m with a point source of
120 dB(A) or less will be drowned out by ambient noise. In this
case @ 1000 m the sound level is below 55 dB(A) which is would
be drowned out. It is my conclusion that durring a concert of 2
point souces of 120 dB(A) or less would not be heard in town
below.
Tag Team Productions, Inc.
PMB 123, 9175 Keifer Blvd, Sacramento, CA 95826 USA Phone / Fax: 1-877-505-6744
Email: info@tagteampro.com Website: www.tagteampro.com
Appendix G
Visuals From Different
Glenwood Springs
Locations
•
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PROPOSED PHASING SCHEDULE
1. Snack Shop — Construction started Prior to May 2005
2. Banquet Facility — Construction started Prior to May 2005
3. Performance Amphitheater — Construction started Prior to May 2007
4. Falconry — Construction started Prior to May 2007
5. Alpine Coaster — Construction started Prior to May 2007
6. Zip Line — Construction started Prior to May 2006
7. Giant Swing - Construction started Prior to May 2007
8. Indian Education Center (Tepee) — Construction started Prior to May 2006
9. Photography studio - Construction started Prior to May 2008
10. Climbing Wall — Construction started Prior to May 2005
11. Movies — Construction started Prior to May 2005
12. Challenge (ropes) course — Construction started Prior to May 2007
13. Paragliding - Construction started Prior to May 2007
14. Mini -Golf — Construction started Prior to May 2007
15. Snow shoeing — Construction started Prior to May 2005
Andy Schwaller
From: Ron Biggers [rbiggers@ci.glenwood-springs.co.us]
ilkant: Saturday, January 31, 2004 4:26 PM
To: Andy Schwaller; Mark Bean
Cc: Steve Beckley; Mike Piper
Subject: Glenwood Caverns Adventure Park Plans
Andy/Mark,
A couple of weeks ago I visited with Steve Beckley to review his adventure park master plan. We are ok with the plan in
concept. If it moves forward as designed the following will be needed:
• The proposed hammer head turn around by the main building be constructed as draw and kept clear of any blockages,
surface to be all-weather with snow melt capabilities built in
• Covering on pavilion be of a flame proof material
• Road/trail down to the performance amphitheater needs to be at least ten feet wide curb to curb and have 13 ft. 6 in.
overhead clearance. For both width and overhead this means no impinging tree limbs. Photo stand at northwest end of
road will need to be repositioned so it does not block roads.
• Move sand box and Teepee off dirt road on southeast side of building so this road can be used if needed.
• Have road access to western base of Alpine Coaster Track.
• Expand wildfire mitigation measures around main activity sites:
More comments to come as plans develop more.
Ron Biggers
G. S. F. D.
•
•
2/27/2004