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HomeMy WebLinkAbout1.12 Resolution 2004-56uniii 11111 1111111 iii 111111 11111 111111 111 11111 1111 1111 655953 07/15/2004 11:03A B1605 P9 M ALSDORF 1 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 215` day of May, 2004, there were present: John Martin Larry McCown Treasi Houpt Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2004-56 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR A COMMERCIAL/ RECREATIONAL FACILITY / PARK FOR A PROPERTY OWNED BY POW, INC ALSO KNOWN AS THE GLENWOOD CAVERNS ADVENTURE PARK WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Special Use Permit (SUP) request for a "Commercial/ Recreational Facility / Park" submitted by POW, Inc. to expand the existing uses for the Glenwood Caverns Adventure Park on Iron Mountain; and WHEREAS, the specific uses sought in the Special Use Permit includes snack shop, banquet facility on the top floor of the existing visitor' center / restaurant, an expansion of the visitor' center / restaurant, 100 -seat performance amphitheatre, falconry, alpine coaster, zip line, giant swing, Indian education center (teepee), photography studio, climbing wall, movies, challenge (ropes) course, paragliding, mini golf, snow shoe rentals, and newly expanded hours of operation to be from 6:30 AM to 11:30 PM Sunday through Thursday and 6:30 AM to 12:30 AM Friday and Saturday; and WHEREAS, the subject property contains approximately 80 acres, is located on Iron Mountain above the City of Glenwood Springs in the A/I zone district and in Study Area I of the Comprehensive Plan of 2000, and is legally described as Section 3: NW '/ 1111111111111111111111111111111111111111111111111111 111 655953 07/15/2004 11:03A B1605 P10 M ALSDORF 2 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO SW 1/4 and of Section 4: Lot 10, Township 6 South, Range 89 West of the Sixth Principal Meridian; and WHEREAS, the Board of County Commissioners referred the application to the Garfield Co{inty Planning Commission which held a public hearing on June 9tb, 2004, upon the question of whether the above - described SUP for a Commercial/ Recreational Facility / Park should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said SUP and the Planning Commission forwarded a recommendation of approval with conditions to the Board of County Commissioners by a vote of 6 to 0; and WHEREAS, the Board of County Commissioners opened a public hearing on June 21, 2004, upon the question of whether the above - described SUP for a Commercial/ Recreational Facility / Park should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said SUP; and WHEREAS, the Board of County Commissioners closed the public hearing on the 2151 day of June, 2004 to make a final decision; and WHEREAS, the Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. That proper publication, public notice, and posting was provided as required by law for the hearings before the Board of County Commissioners and the Planning Commission. 2. That the public hearings before Board of County Commissioners and Planning Commission were extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 3. The proposed special use permit conforms to Sections 3.01.03 and 5.03 of the Garfield County Zoning Resolution of 1978, as amended. 4. The proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that based on determination of facts set forth, above, the SUP request for a "Commercial/ Recreational Facility / Park" is approved with the following conditions: I. That all representations made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 1 111111 11111 1111111 111 111111 11111 111111 111 111111111 1111 655953 07/15/2004 11:03A 81605 P11 11 ALSDORF 3 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 2. This Special Use Permit approves the following operations: a. Hours of operation will be from 6:30 AM to 11:30 PM Sunday through Thursday and 6:30 AM to 12:30 AM Friday and Saturday; b. The tramway towers and cabins will not be lighted; c. Activities offered on the site will be cave tours, covered picnic area, nature trails, gemstone sluice mining, geode cutting, astronomy observatory area, fossil dig, snack shop, banquet facility on the top floor of the existing visitor' center / restaurant, an expansion of the visitor' center / restaurant, performance amphitheatre, falconry, alpine coaster, zip line, giant swing, Indian education center (teepee), photography studio, climbing wall, movies, challenge (ropes) course, paragliding, mini . golf, and snow shoe rentals; d. Passenger gondolas shall continue to accommodate bikes; e. The ultimate build out capacity for the gondola is 36 gondola cars in 12 groups of 3 with each gondola car having a 6 passenger capacity; f. The Applicant shall be responsible for snow removal on 50% of the roadway width on Transfer Trail to provide for emergency access; and g. The passenger gondolas will be designed to be ADA accessible. 3. The Applicant shall continue to adhere to the following suggestions provided for by the Division of Wildlife in Sonia Marzec's referral letter dated April 16, 2002: a. There shall be no outside storage of any trash or garbage anywhere within the property, with the exception of bear -proof trash containers b. Refuse kept in non bear -proof containers should be kept within secure structures that are not likely to be broken into by bears c. There shall be no dumps or underground disposal of refuse on site d. Except for bird feeders, the feeding, baiting, salting, or other means of attracting wildlife to site is prohibited e. Bird feeders should be strategically placed to avoid being an enticement for bears f. Tourists and other users to the site should be made aware of the local wildlife community by utilizing information provided by the Division of Wildlife. 4. The Special Use Permit will last as long as the Applicant has possessory use of the access easements to the cave property. 5. Regarding fire protection and emergency services, the Applicant shall commit to the following conditions as designed by the Glenwood Springs Rural Fire District: a. If a grill is installed in the plaza it shall require a fire suppression system (Ansul); b. The expansion of the visitor's center shall require fire alarms /detection system and the expansion shall be required to be sprinkled. Before the expansion, the Applicant shall install additional water storage (two 17,000 gallons tanks adjacent to the existing water tanks). This will being the total water storage to 68,000 gallons; 11110 11111 111101 III 111111 11111 111111 111 11111 1111 1111 655953 07/15/2004 11:03P 81605 P12 M ALSDORF 4 of 6 R 0.00 0 0.00 GARFIELD COUNTY CO c. The new photo center /candy shop shall require fire alarms /detection system and the new building shall be sprinkled. Before the new building is built, additional water storage shall be required; d. The remaining smaller buildings (Grill, discovery rock, etc.) do not require fire alarms /detection or sprinkler systems; e. The alpine coaster shall be designed with a way to provide emergency vehicle access to the bottom of the coaster where the return begins; f. The hammer head tum in the plaza shall continue to be required to remain clear of obstructions at all times; g. The material on the top of the shade structure shall be required to be steel; h. The road to the amphitheater needs to be a minimum of 10 feet wide; and i. With the delay in response caused by poor access to the site, the Applicants shall be required to stage some basic emergency medical and fire fighting equipment on site. The Applicant shall work with the Glenwood Springs Fire District to get direction on what supplies to stage on site. 6. The Applicant shall obtain an ISDS permit from Garfield County for the proposed leach field. 7. Because the Applicant's site plan shows a "proposed route" for the Alpine Coaster, the Applicant shall be required to provide the Planning Department with the finalized route at the time the Applicant intends to construct the coaster to ensure that any site disturbance, visual impacts, color treatments, and emergency access issues are adequately addressed. While this is intended to be handled administratively, in the event of an impasse between the Applicant and the Planning Staff regarding the finalized route, the Applicant or the Planning Staff shall have the ability to address the matter in a public meeting before the Board of County Commissioners. S. The Applicant must continue to maintain an operator's license from the Colorado Passenger Tramway Safety Board. The Applicant shall maintain a valid operator's license from the Colorado Tramway Safety Board throughout the life of the project. If the operator's license for the tramway is revoked by said Safety Board at any time, the Special Use Permit shall also be revoked. At any time during the life of the project the County may ask the applicant to produce proof of a Colorado Passenger Tramway Safety Board license that is in good standing. 9. The Applicant shall submit "as -built drawings" for any new utilities that are installed at the upper tram site to the City of Glenwood Springs Public Works Department. 10. The Applicant shall adhere to the phasing schedule as submitted in the application. In the event it is anticipated that a particular phase cannot occur or may be delayed, the Applicant shall be required shall be required to provide the Planning Department with an adjusted phasing schedule. It shall be the Applicant's responsibility to track their phasing schedule. While this is intended to be handled administratively, in the event of an impasse between the Applicant and the Planning Staff regarding the phasing 1111111111111111111111HIM rniii lI!III Ili Eli 11111111 655953 07/15/2004 11:03A 61605E P13 M ALSDORF 5 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO schedule, the Applicant or the Planning Staff shall have the ability to address the matter in a public meeting before the Board of County Commissioners. 11. This Special Use Permit has approved a performance amphitheater with a capacity for 100 (one hundred) seats. Any proposed expansion of the performance amphitheater shall require the Applicant to submit a new Special Use Permit or whatever appropriate land use application / process is in place at the time that the expansion is proposed. 12. The Applicant shall design the exterior of the amphitheater in order to effectively minimize visual impacts through the use of architectural features / details and natural vegetative screening and blending paint colors. The Applicant shall present a "screening plan" to Staff prior to the issuance of a Special Use Permit. 13. Prior to the erection of the supporting poles / structures for the proposed zip line and giant swing, the Applicant shall provide the Planning Staff with the proposed design that addresses the height, location, and color of the poles to adequately minimize visual impact to view sheds from Glenwood Springs. While this is intended to be handled administratively, in the event of an impasse between the Applicant and the Planning Staff regarding the phasing schedule, the Applicant or the Planning Staff shall have the ability to address the matter in a public meeting before the Board of County Commissioners. 14. The Applicant shall adhere to the City of Glenwood Springs lighting requirements for all uses requiring lighting. This shall also apply to proposed lighting for evening performances on the amphitheater. 15. Based on the Applicant's representation that parking is adequate as a result of the Walker Parking Analysis, peak visitor usage at the upper site shall be limited to no more than 450 visitors at any one time. 16. Any modifications of this approval by the Board of County Commissioners (with the exception of the terms listed in conditions 7, 10; and 13 shall require a new Special Use Permit review. Dated this 6th day of July , A.D. 2004. 11111111111111111111111111111111110111111 1111111111111 655953 07/15/2004 11:03A B1605 P14 M ALSDORF 6 of 6 R 0,00 D 0.00 GARFIELD COUNTY CO ATTEST: • GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLO yj Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin Larry McCown Tresi Houpt STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Aye I, , County Clerk and ex- officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2004 County Clerk and ex- officio Clerk of the Board of County Commissioners