HomeMy WebLinkAbout1.11 Resolution 2002-47•
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STATE OF COLORADO
County of Garfield
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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 , Commissioner Chairman
Larry McCown , Commissioner
Walt Stowe , Commissioner
Don DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
Ed Green , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2 0 0 2- 4 7
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT
APPLICATION FOR A COMIvERCIAL/RECREATIONAL FACILITY FOR GLENWOOD
CAVERNS, INC. AND JMB PROPERTIES, INC.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received an application from Glenwood Caverns, Inc. and JMB Properties, Inc. for a special use
permit to allow for approval of Commercial/ Recreational Facility within the A/I zone district;
and
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, held a
public hearing on the 6th day of May, 2002, upon the question of whether the above described
Commercial/ Recreational Facility should be granted or denied, at which hearing the public and
interested persons were given the opportunity to express their opinions concerning the approval
of said special use permit; and
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, on the
basis of substantial competent evidence produced at the aforementioned hearing, has made the
following determination of fact as listed below:
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That proper public notice was provided as required for the hearing before the
Board of County Commissioners and proof thereof submitted in the record;
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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 8ain -10pm Sunday thru Thursday and
8am -t2am Friday and Saturday
b) The tramway towers and passenger gondolas will not be lighted
e) 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
1) The passenger gondolas will be designed to be ADA accessible.
m) The applicant must complete construction of the tram and visitor's
center by December 31, 2002
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2. A pre - annexation agreement between the City of Glenwood Springs and the
applicant is established before a Special Use Permit is issued.
3. The applicant must obtain an operators license from the Colorado Passenger
Tramway Safety Board and must have -a valid operators license at all times
throughout the life of the project. If the operators license for the tramway is
revoked by said Safety Board at any time, the Special Use Permit shall also be
revoked. At any time during the life of the project the County may ask the
applicant to produce proof of a Colorado Passenger Tramway Safety Board
license that is in good standing.
4. The applicant shall submit a weed vegetation management plan approved by the
Vegetation Management Director before a Special Use Permit is issued.
5. The applicant shall adhere to the following suggestions provided for by the
Division of Wildlife in the referral Letter dated April 16, 2002:
a. There shall be no outside storage of any trash or garbage anywhere within
the property, with the exception of bear -proof trash containers
b. Refuse kept in non bear -proof containers should be kept within secure
structures that are not likely to be broken into by bears
c. There shall be no dumps or underground disposal of refuse on site
d. Except for bird feeders, the feeding, baiting, salting, or other means of
attracting wildlife to site is prohibited
e. Bird feeders should be strategically placed to avoid being an enticement
for bears
f. Tourists and other users to the site shall be made aware of the local
wildlife community by utilizing information provided by the Division of
Wildlife.
6. Loss of access easements to the cave property will result in the revocation of the
Special Use Permit.
7. The applicant shall submit a wildland fire mitigation plan approved by the
Glenwood Springs Rural Fire District before a Special Use Permit is issued.
S. 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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10. The applicant shall be limited to a per day capacity of 1100 people. Prior to
issuance of a Special Use Permit, the applicant shall submit a plan for Board of
County Commissioner approval as to how visitors to the center will be limited so
this capacity will be met and design of the ISDS system will not be compromised.
If the sewer system is upgraded to allow grey water to tap into the City of
Glenwood Springs sewer system, the applicant shall not be held to the 1100
person per day limitation.
11. All conditions set forth in Resolution 99 -065 shall be rescinded once a Special
Use Permit is issued, and the tram is in full operation,
12. The applicant shall provide copies of all emergency access and evacuation plans
required for the Colorado Passenger Tramway Safety Board licensing in addition
to any notices of violation from said Board to the County.
13. If the tramway becomes obsolete or inoperable for any consecutive period of
twelve months, the applicant shall remove the tramway and towers at their own
expense from the hillside.
14. The applicant shall provide proof of all 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
0 TY, COLORADO
Chai an
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Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN , Aye
COIVIMISSIONER LARRY L. MCCOWN , Aye
COMMISSIONER WALTER STOWE , Aye
STATE OF COLORADO
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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
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