HomeMy WebLinkAbout1.0 ApplicationAMENDMENT TO SPECIAL USE PERMIT
GARFIELD COUNTY BUILDING
& PLANING DEPARTMENT
December 22, 2006
PROPERTY LOCATION: Section 3&4 Township 6 South Range 89 West
GLENWOOD CAVERNS ADVENTURE PARK
51000 Two Rivers Plaza Road • Glenwood Springs, Colorado 81601 • (970) 945-4228 # 13
December 24, 2006
Mr. Fred Jarman
Garfield County Planning
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Amendment to Special Use Permit for Glenwood Caverns
Dear Mr. Jarman:
Please accept the following package of information as a request for a forth
amendment to the previously approved Special Use Permit dated September
1998. The first and second amendment was requested and approved in 2003 and
the third was approved in 2004. The following is a short history of the approved
special use permits and amendments:
1. September 1998 Initial Approval (See Enclosed Initial Application
Appendix A) The applicant requested and was approved for a Zone
District Text amendment to include
"Commercial/Recreational/Facility/Park" in the Agricultural/Industrial
(A/I) Zone District as a Special Use. Following approval of the Text
Amendment, Garfield County (See Resolution of Approval -Appendix B),
also granted a Special Use Permit for the existing use on the property.
2. May 2002 First Amendment - The applicant requested and was approved
to install a tramway and Visitor Center on the property. Water was
supplied by the city and sewer was an ISDS system. (See Resolution of
Approval -Appendix C).
3. November 2002 Second Amendment - The applicant requested and was
approved to modify the construction timeline of the Tramway and Visitor
Center. Also, the sewer system was upgraded from an ISDS to city sewer.
(See Resolution of Approval -Appendix D).
4. March 2004 Third Amendment - The applicant requested and was
approved for the following items: snack shop, falconry, alpine coaster, zip
line, giant swing, Indian education center (tepee), photography studio,
climbing wall, movies, challenge (ropes) course, paragliding, mini golf,
gift shop expansion, and snow shoe rentals. Additionally, hours of
operation were extended to allow for later evening business. (See
Resolution of Approval -Appendix E).
Due to the ever-changing aspect of our business we request the following items
to be modified under our existing permit:
1. Remove Performance Amphitheater from attractions List;
2. Remove Falconry from attractions list;
3. Remove Paragliding from attractions List;
Amendment to Special Use Permit for Glenwood Caverns Page 1
4. Modify site plan to include additional features including shade structures,
nature pathways, additional snack shops, and viewing areas.
5. Add Fort Maze to attractions list;
6. Add Bungee Trampoline jump to attractions list;
7. Add Spider Zone kids climbing center to attractions list;
8. Add Wild West Adventure wagon simulator;
9. Add Petting Zoo;
10. Add Children's Train Ride;
11. Add Foam Factory (children's climbing area);
12. Add Mechanical Bull;
13. Add Canopy Tour;
14. Add 4D movies theater;
15. Allow for horse back riding tours;
16. Allow Banquet Facility to house museum exhibits (i.e. traveling exhibits
like Masters of the Night Bat exhibit);
17. Allow for limited bus transportation to top of mountain during peak
summer season (May through September);
18. Allow for employee housing;
19. Allow for a 150,000 gallon fire mitigation pond to be installed;
We have attached the following information for review by the Planning Staff,
The Planning Commission, and The Board of County Commissioners:
1. Appendix F - Pre -annexation agreement with Glenwood Springs allowing
for sewer and water services;
2. Appendix G - Proposed Phasing Schedule;
3. Appendix H - Response to development plan from Fire Department;
We have attached the following attachments for review by the Planning Staff,
The Planning Commission, and The Board of County Commissioners:
1. Attachment 1- Lift alignment and Vicinity map;
2. Attachment 2 - Upper area activity map;
3. Attachment 3 - Employee Housing Plans;
Amendment to Special Use Permit for Glenwood Caverns Page 2
Description of the Business
The Glenwood Caverns are located on a 78.83 -acre parcel approximately 1/2
miles North and 1,300 feet above the City of Glenwood Springs. Glenwood
Caverns is a tourist attraction that allows visitors to be guided through 9 million
years of geological history.
Currently, the project encompasses the lower site located at 51000 Two Rivers
Plaza Road in Glenwood Springs and the upper site located on top of Iron
Mountain. The lower site includes a parking lot and small building used to sell
tickets and the 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 is approximately 1,800 square feet with a 2,400 square foot
deck that can be used for weddings, holiday parties, and other events. Along
with the Gondola, additional activities that are currently available on the upper
site include a covered picnic area, gemstone sluice mining, geode cutting, a fossil
dig, other educational activities, an alpine coaster, a zip line, a giant swing, a
snack shop, and a climbing wall. These additions help keep the visitors occupied
while waiting for their tour.
The proposed changes would include the following:
1. Mini Golf — Currently permitted and waiting to be constructed; this
activity would allow guests to play 18 holes of miniature golf.
2. Photography studio - Currently permitted and waiting to be constructed;
This would be a small log structure located in the plaza (see attachment 2)
that would develop and print photos of visitors;
3. Challenge (ropes) course —
Currently permitted and
waiting to be constructed; this
activity would be used for team
building.
4. Fort Maze — This activity would
be a 48 -foot by 100 -foot maze
themed like an old west fort.
Participants would enter and be
timed to see how fast they could get through the
giant maze
5. Bungee Trampoline — This activity would allow
guests to be attached to giant poles and jump 18-
20 feet in the air. There are similar installations at
Vail and Beaver Creek.
6. Spider Zone -- This activity has an 8 -foot by 12 -foot
by 20 -foot tall structure that allows guests (small
children) to climb through multiple levels and
slide down a giant slide.
7. Wagon Simulator - This activity is themed like an
old west Conestoga wagon where guests can sit
Amendment to Special Use Permit for Glenwood Caverns Page 3
inside the wagon and enjoy a simulated ride including being chased by
bandits and hiding in a cave.
8. Petting Zoo - The activity allows guests to
enter a covered fenced area to enjoy small
farm animals including miniature
donkeys, goats, rabbits, etc.
9. Train Ride - This activity allow guests to
tour the park on a miniature rubber tired
train. The train would include an engine
and three open passenger cars.
10. Foam Factory - This activity allows guests
(children) to enter an enclosed area with a
play structure that's equipped with air
guns that shoot foam balls. The foam
factory will be themed like an old west
town.
11. Mechanical Bull - This activity would
allow for guests to ride a mechanical
bull that can be adjusted to varying
degree of difficulty.
12. Canopy Tour - This activity would
allow guests to travel from elevated
platform to elevated platform through the tree canopy of the Juniper and
Pinion forest.
13. 4D Movie Theater - This activity would
be a small (maximum 48 seats) theater
that would show short (20 minutes)
education movies. The theater would be
equipped to utilize 3D glasses along
with additional effects such as spraying
water and wind.
14. Horse back riding - This activity would
allow guests to take a guided horseback
ride on trails located on Caverns
property.
15. Museum Exhibits - This activity would
allow for guests to experience
interactive educational exhibits. Several
of these exhibits are leased and travel from site to site. This allows the
exhibits to be modified. The exhibits would be placed on the third floor of
the Visitor's Center in the banquet facility.
16. Limited Bus Transportation - In the past we have had multiple complaints
from visitors that would like to come to the top of the mountain but are
frightened to ride the tram. This would allow those guests that are
uncomfortable with the tram to experience the park during the summer
season. Limited bus service would be provided only during May through
September. Glenwood Caverns currently maintains a permit with the
BLM allowing for up to 30 bus trips per day.
Amendment to Special Use Permit for Glenwood Caverns Page 4
17. Employee Housing — Due to difficulties in maintaining adequate staffing levels
Glenwood Caverns would like to provide employee housing for up to summer
employees. The intent of usage would be for summer hires (international Jl visa
students). These students are here for four months and don't have access to
transportation. The housing would be set up as dormitory style with common
areas for rest rooms, kitchens, and recreational rooms. Glenwood Caverns would
also like to have approval for an existing caretakers cabin located on the property.
18. Fire Mitigation Pond — the pond will allow for an additional 150,000
gallons of water storage to be used for fire sprinkler systems.
In 2006, Glenwood Caverns Adventure Park had over 130,000 visitors that came
to the attraction. The overwhelming response was positive except for a few
minor complaints. The main complaint that was heard was the lack of additional
activities at the upper site to keep families entertained while waiting for a cave
tour. 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.
4.1 Commercial and Industrial Uses
Garfield County will encourage the retention and expansion of convenient, viable and
compatible commercial development capable of providing a wide variety of goods and
services to serve the citizens of the County.
RESPONSE: The applicant is improving an existing attraction by providing
more activities that is clearly consistent with the tourist -related economy crucial
to the success of the City of Glenwood Springs and Garfield County. The
opportunity to provide additional activities will continue to diversify the breadth
of tourism opportunities in the region.
Objectives
To ensure that commercial and industrial development is compatible with adjacent land
uses and mitigate impacts identified during the plan review process.
RESPONSE: The applicant has contacted adjacent landowners, including the
BLM to mitigate impacts associated with the project.
Encourage the location of commercial development in appropriate areas that maximizes
convenience to County Residents.
RESPONSE: The physical location of the caves is located less than two (2)
roadway miles from the Glenwood Springs downtown. Glenwood Springs is the
concentration point and the most significant bed -base in Garfield County during
the proposed year -round -operating period of the tours. The cave location itself
also provides a concentration point for visitors to Glenwood Caverns. The
Amendment to Special Use Permit for Glenwood Caverns Page 5
additional activities at the cave site would enhance the visitor's stay in Glenwood
Springs.
Ensure that commercial development is conducive to safe and efficient traffic flow,
reduces vehicular movements and encourages alternate transportation modes and the use
of mass transit.
RESPONSE: The tramway already provides an effective and safe transportation
system to the cave area. The additional activities at the top would increase the
efficiency of the tramway by providing more things for visitors to do and see.
Ensure that the type, size and scope of industrial and commercial development is
consistent with the long-term land use objectives of the County
RESPONSE: The proposed project is a low -intensity commercial operation that
is consistent with the local importance of tourism in the County.
Ensure a commercial and industrial development policy that is environmentally sound
and acceptable to County residents and policy makers.
RESPONSE: The applicant has mitigated the likely environmental impacts of
the project, including the use of colors similar to the natural environment and
has sited the proposed improvements to minimize visibility, grading, and
vegetation removal.
Policies
Landscaping and screening will be required to address specific visual impacts of
industrial and commercial development.
RESPONSE: Due to the existing topography of the cave site, it is unlikely that
the additional structures or improvements will be visible from any adjacent
properties. No landscaping or screening is necessary.
The project review process will include the identification and mitigation of transportation
impacts related to commercial and industrial development.
RESPONSE: A full traffic study was submitted in the last amendment. The
additional activities should not impact current traffic.
Amendment to Special Use Permit for Glenwood Caverns Page 6
Special Use Permit Amendment Request
Compliance with submittal requirements and standards of review is summarized
below. Italicized text is taken directly from the applicable portions of the Zoning
Resolution, Followed by a response to each requirement.
Submittal Requirements
1. Plans and specifications for the proposed use including the hours of operation, the
amount of vehicles accessing the site on a daily, weekly and/or monthly basis, and
the size of any existing or proposed structures that will be utilized in conjunction
with the proposed use. Please submit this information in narrative form and be
specific.
RESPONSE: Plans and specifications and operating hours have been cited
earlier in the application. The proposed additional structures on the property
include the following:
• Snack Shop — 480 square ft log structure;
• Snack Shop — 750 square ft log structure;
• Petting Zoo — 35 foot diameter tent structure;
• Fort Maze — a 4,800 square foot log and plastic structure (not
enclosed);
• Photography center - 64 square ft log structure and a 480 square ft
log structure;
• Kid's Play Indoor Play area —1,600 square foot metal structure with
a log facade on the outside.
• Retail Expansion — 980 square ft addition to existing Visitor's
Center;
• Shade structure (sluice) — a 480 square foot wood structure
providing shade for guests at the sluice box;
• Shade structure (coaster) — a 250 square foot wood structure
providing shade for guests and employees at the coaster offloading
area;
• Shade structure (coaster overlook) — a 35 foot diameter steel gazebo
providing shade for guests watching the coaster;
• Shade structure (zip line overlook) - a 35 foot diameter steel gazebo
providing shade for guests watching the zip line;
• Shade structure (canyon overlook) - a 35 foot diameter steel gazebo
providing shade for guests at canyon overlook;
• Shade structure (zip line) — a 200 square foot tent structure
providing shade for guests at the zip line loading area;
• Mini Golf — a 400 square ft log structure used as a tee shop plus
several structures used to theme the course.
• Maintenance Facility — a 3,000 square foot steel structure;
• Employee Housing — a 30 -feet by 90 -feet modular structure with
dormitory style rooms with common areas for restrooms, kitchens,
and recreational areas. The structure would only be two stories tall
to keep the structure below the height of the tree canopy (less
Amendment to Special Use Permit for Glenwood Cavems Page 7
visual impact). The intent is to have structure used 4-5 months per
year during the summer.
• Employee Housing — a 400 square foot care takers cabin.
2. If you will be using water or will be treating wastewater in conjunction with the
proposed use, please detail the amount of water that would be used and the type of
wastewater treatment. If you will be utilizing well water, please attach a copy of
the appropriate well permit and any other legal water supply information,
including a water allotment contract of a approved water augmentation plan.
RESPONSE: A pre -annexation agreement from Glenwood Springs that provides
water and sewer service has been included as Appendix F.
Currently, the water system 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 Retail expansion, a 150,000 -fire retention
pond will be installed next to the existing tanks (see attachment 1).
Currently, the generated wastewater is treated with two 2,500 -gallon septic
tanks and one 7,000 -gallon storage tanks were solids are eliminated. The
restaurant has an additional 1,500 -gallon grease trap that removes grease prior to
entering the septic tank system. After the water has been treated in the septic
tanks the remaining gray water is transported in a 1.5 -inch diameter line along
the tram towers to an energy dissipation tank at the tram base. From the
dissipation tank the gray water is pumped to the city sewer system. During the
winter months we use an average water usage of 1,000 gallons per day. High
Country engineering has designed a modification to our existing system to allow
for a 2,000 -gallon capacity leach field that will be used in the wintertime only
when the temperatures are to cold to pump to the city. This design was approved
in Amendment 3. Additionally, the Leech field that was previously approved and
currently used only during the winter will now also be utilized for the intended
employee housing.
3. A map drawn to scale portraying your property, all the structures on the
property, and the County or State roadways within one (1) mile of your property.
If you are proposing a new or expanded access onto a County or State roadway,
submit a driveway or highway access permit.
RESPONSE: A conceptual site plan of the portion of the property proposed for
development is shown as Attachment 2. The relationship between the existing
roadways and the site are shown on Exhibit 1 within the original application.
4. A vicinity map, showing slope of you property, for which a U.S. G.S. 1:24,000
scale quadrangle map will suffice.
Amendment to Special Use Permit for Glenwood Caverns - Page 8
RESPONSE: A Vicinity Map of the property showing contours has been
included as Attachment 1.
5. A copy of the appropriate portion of a Garfield County Assessor's Map showing
all public and private landowners adjacent to your property. Include a list of all
property owners and their addresses.
RESPONSE: A graphic depicting the property on the Assessor's Map is
included within as Exhibit 2 of the original application (see Appendix A). The
adjacent landowners are as follows:
Parcel Number Property Owner
2185-053-00-035 City of Glenwood Springs
2185-033-00-035
2185-041-00-963
2185-044-00-007
2185-044-006
Joseph and Celina Claudon
Bureau of Land Management
Lyle and Kathy Moss
Pitkin Iron Corporation
Mailing Address
101 West 8th Street
Glenwood Springs
217 Rosebud
Glenwood Springs
PO Box 1009
Glenwood Springs
1900Georgia Landing
Austin, TX
0755 Airport Road
Glenwood Springs
6. Attach a copy of the deed and a legal description of the property. If you are acting
as an agent for the property owner, you must attach an acknowledgment from the
property owner that you may act in his/her behalf.
RESPONSE: A copy of the deed and legal description of the property is
included within the application as Attachment C of the first amendment.
Authorization from the Property Owner is included as Attachment E in the first
amendment.
7. For all applications pertaining to airports, the oil and gas industry, power
generation and/or transmission industry, or any other classified industrial
operation, you must submit an impact statement consistent with the requirements
of Sections 5.03, paragraphs 1 through 3; 5.03.07, inclusive; and 5.03.08,
inclusive.
RESPONSE: No industrial uses are proposed in association with the requested
text amendment or Special Use Permit.
Amendment to Special Use Permit for Glenwood Caverns Page 9
Special Use Permit Review Criteria
As listed under the Zone District 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.
Amendment to Special Use Permit for Glenwood Caverns Page 10
2. Approval by the County Commissioners, which Board may impose additional
restrictions on the lot area, floor area, coverage, setback and height of proposed
uses or require additional off-street parking, screening fences and landscaping, or
any other restriction or provision it deems is necessary to protect the health safety
and welfare of the population and uses of the neighborhood or Zone district in
which such special use is proposed to be located.
RESPONSE: The applicant has mitigated all impacts, based on consultation
with adjacent landowners and the Bureau of Land Management.
Denial of Special Use: The County Commissioners may deny any request for special use
based on the lack of physical separation in terms of distance from similar uses on the same
or other lots, the impact on traffic volume and safety or on utilities or any impact of the
special use which it deems injurious to the established character of the neighborhood or
zone district in which such special use is proposed to be located.
RESPONSE: There is adequate physical separation in terms of distance from
adjacent uses.
Application: All special use permit applications shall be filed by the owner or owners of
the subject lot with the Planning Director on a form provided by the Planning Director
for this purpose and shall consist of all information required of an application for a permit
and subject to all administration procedures thereof plus the following:
1. Supporting information, plans, letters of approval from responsible agencies and
other information to satisfy requirements listed under conditional and Special
Uses in the Supplementary Regulations;
RESPONSE: There are no 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.
Amendment to Special Use Permit for Glenwood Cavems Page 11
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APPENDIX A
PREVIOUS APPLICATION
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Glenwood Caverns Adventure Park
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Fahey Caves
Land Use Application - Submitted to:
Garfield County Building and Planning Dept.
Submitted on Behalf of :
JMB Properties, Inc.
PO Box 4491
Englewood, CO 80155
(303) 799-9828 ext. 152
and
POW, INC.
5155 Raleigh St.
Denver, CO 80212
Submitted By:
Rock Creek Studio
220 Main Street
Carbondale, CO 81632
970.963.1971
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1 Date: September, 1998
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Property Location: Section 3&4, Township 6 South, Range 89
West of the 6th P.M., Garfield County, Colorado
rIROCK
CICREEK
r'iSTUD10,.
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 Pre MBE � 1 CI 8 Base Fee: $400
Applicant: -7M8 t -CFE-P-1E52 114 L .
Address of Applicant: Po. ao•A L-4:411 El -i .sv4co•D $pL relephone: 3C)3.1941 .q SZ5 ‘152.
Special Use Being Requested: GoM iA t ,&T t4 PL pAcA.Ltir/PAEK
Zone District: �Z Size of Property: -7g•83 A ,
Application Requirements: These items must be submitted with the application
1] Plans and specifications for the proposed use including the hours of operation, the amount of vehicles
accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed
structures that will be utilized in conjunction with the proposed use. Please submit this information
in narrative form and be specific.
2] If you will be using water or will be treating wastewater in conjunction with the proposed use, please
detail the amount of water that would be used and the type of wastewater treatment. If you will be
utilizing well water, please attach a copy of the appropriate well permit and any other Legal water
supply information, including a water allotment contract or an approved water au2rnentation plan.
3] A map drawn to scale portraying your property, all structures on the property, and the County or State
roadways within one (1) mile of your property. If you are proposing a new or expanded access onto
a County or State roadway, submit a driveway or highway access permit.
4] A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,0100 scale quadrangle map
will suffice.
5] A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private
landowners adjacent to your property. Include a Iist of all property owners and their addresses.
6] Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the
property owner, you must attach an aciciowledglnent from the property owner that you may act in.
his/her behalf.
7] For all applications pertaining to airports, the oil and gas industry, power generation and/or
transmission industry, or any other classified industrial operation, you must submit an impact
statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3: 5.03.07, inclusive:
and 5.03.03, inclusive.
The consideration of this proposed Special Use wiI1 require at least one (1) public hearing, for which public
notice must be provided. The Planning Department will mail you information concerning hearing
(s), 30 dans prior to the scheduled hearing.ne this heari et rn
receipt mail, all adjacent landowners and publish the notice provided rebylthe Plred to anning Depotify, by arnnent.ein a
newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the
public hearing. The applicant shall bear the cost of mailing
and publication and proof of mailing and
publication must be submitted at the time of the public hearing.
The informa contained within this application is complete and correct, to the best of my knowledge:
Applicant: C •
Date: q 8
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Garfield County, Colorado
rya .0
APPLICANT: 1 B Ptar-Tt'S
,19C18
ADDRESS OF APPLICANT: FO. E`rC LILA (AL ml>, [,p 8615.5--
Proposed
6155
Proposed Zone DistrictAAmendment ‘`col -di AL jaEr_'js tof`i1L.
Lol Size: 7 -tar Acme
-ket FA to it(/p,Q.6C a S A 5PEUAL VSE
1/4 Tiae ZoMe b15 -r t. i
Applicant's Signature
In support of this zone district amendment application, the petitioner must submit all of the
following information:
I. Zone District map of subject property
?. Letter from the applicant staling the proposed zone district amendment and the reasons
justifying the zone district amendment
3. List of owners 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. Leiter 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
gc
Special Use Permit Application
"1' 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
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Remaining Property Area
Property Area under lease
1
1000 0 000 1000
2000
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Data Sources: Parcel information digitized from Garfield County i
Assessor's Office Maps, 1998. USGS aenwoocl Springs. Colorado'
7.5 Minute 1:24,000 Quadrangle Map used as overlay (Contour
interval 400..) Photo revised 987,
1. Fairy Caves Application
Exhibit 1
Vicinity Map
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VISTA HEIGHTS
SEC. 34 SUB DN
Subject Property
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Fairy Caves Application
Exhibit 2
Assessor Map
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Tax Gan*
G_F City ut 0.
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Gay of G.W.:
Source: Parcel Map from Garfield County
Assessor's Office Map 2185.
2
structure on the site would be
converted to a small gift shop. Site
improvements necessary to ensure the
safe operation and provide emergency
I*
access would include a twelve (12) foot
'� ''r 'sa
{ �1 _ } wide roadway to be extended to a
„, future cave portal and visitor center.
'”-t The precise timing of the construction
- �,'" r.: - = of the visitor center is highly dependent
,.r }.•
on the success of the tours, but is not
,•a y ;, +,' = expected to occur before the period of
- = ' -` $ • 5 -. --a' _ - "r j 2002 to 2004. The structure would be
located within an approximate building footprint of 40' by 50', and would step back
into the existing slope to limit unnecessary grading and minimize visibility from the
valley floor.
Additionally, a trail link would be established from the existing portal to a planned
portal approximately 57 feet vertically below the historic entrance portal. An
additional trail is contemplated to provide access from the existing entrance to an
overlook of the Colorado River Valley. A proposed conceptual site plan is shown as
Exhibit 3, and is focused only on the portion of the property currently disturbed and
proposed for development. A cross-section of the site is shown as Exhibit 4.
Water and Sewer
Initially, the applicant intends on using a cistern for water needs and portable toilets for
waste disposal. At the time a building permit application for the visitor's center is
submitted, the applicant will obtain an exempt well permit and submit an ISDS
application. Due to the prevailing soil conditions on the site, it is likely that an
engineered ISDS will be required. Percolation tests will be performed as part of the
ISDS application process. The structure will not exceed the twenty-five (25) foot height
limitation imposed by the A/I zone district, and will meet all setback and lot coverage
requirements of the zone district.
Access
Access to the site is via Transfer Trail from the intersection with US 6 Sc 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
ri ROCK
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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
z- L 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
-.Zt Text Amendment and Special Use Permit
rlROCK
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"-; "' '� '' .r : The property is located approximately
.5 miles north of Downtown Glenwood
Springs. The caves are located at the
end of a private easement from
Transfer Trail. The entire property is
located in mountainous terrain, with
the area proposed for activity associated
with the caves being disturbed in the
past. The area proposed for additional
tourist facilities is relatively flat, with grades of 5 to 8 percent. Due to existing
topography and the "bench" created during prior disturbance, it is unlikely that the
proposed structures proposed for the site will be visible from the Valley Floor or
adjacent properties. There are no natural or man-made drainages associated with the
property.
IV. Site Description
Soils in the area of proposed development on the site include Torriorthents -
Camborthides-Rock Outcrop complex.l 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 (G -9 acres per dwelling
unit). The allowed uses within the A/I zone district are attached as Attachment F. The
proposed use on the property most closely fits the "commercial recreational
/facility/park" which is allowed as a special use in the A/R/RD zone district, but is not
allowed in the A/I zone district. Based on consultations with Planning Staff, the
applicant has chosen to pursue a text amendment which would include commercial
recreational facility/park within the A/I zone district as a Special Use. Following
approval of the text amendment, the applicant is requesting a Special Use Permit for the
proposed use.
Soil Survey of the Rifle Area, Colorado. Parts of Garfield and Mesa Counties United States Department
of Agriculture, Soil Conservation Service, 1977.
Glenwood Springs Fairy Caves PiROCK
Garfield County, Colorado 1 CREEK
Text Amendment and Special Use Permit
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�I ROCK
PICREEK
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1 inch = 2000'
(1:24000)
2000
0
2000
4000
6000
Source: U.S. Department of Agriculture Soil Conservation Service Soil
Survey, Rifle Area, 1:24000 Map, 1980. Parcel information digitized from
Garfield County Assessor's Office Map 2185, 1998.
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4 y�..'_'`.. - :�'•;'jJiir. `t:iii 1 �,�! Jj .f i' fi�fa�y 1._y.
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•Text Amendmentt is:i
r• ' h , �i Section 10.01.01 of the Garfield County
1 r �
Zoning solution of 1978, as amended
I r S Re
represents the text amendment in the
following fashion:
I
Amendment to the text of this resolution
ora Planned Unit Development
Resolution and not affecting the shape,
1 amendment shall be referred to hereinafter as a Text Amendment M-82-1.113). boundaries or area of district, such
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Section 10.02.01 addresses the initiation of a text amendment with the following
language:
Text Amendment.. Any owner ofrealproperty affected bysuch a change, the County
Commissioners or the Planning Commission
RESPONSE: A letter authorizing the applicant to pursue the proposal is included within
the application as Attachment 13.
Section 10.03 and Section 10.03.01 establishes the following submittal requirements
for a text amendment:
Each land owner application for amendment shall be in the form ofa written request to
the County Commissioners identifying the applicantand clearly stating the nature of
the proposed amendment and reasons in support of such a change.
Response: The entire text, graphics and attachments satisfy this submittal requirement
for a text amendment. The applicant is requesting that the specific use
"Commercial/Recreational Facility/Park be inserted as a Special Use within the
Agricultural/Industrial (A/I) zone district. The provision of a Special Use was used to
ensure that the County would have sufficient review authority for projects proposed
within the A/I zone district as opposed to the existing Conditional Use process. An
existing zoning map is shown as Exhibit 6.
The applicant addresses the applicable review criteria in the following discussion,
including compliance with the Comprehensive Plan. The following discussion is based
on a comparative analysis of the applicable portions of the Plan. Italicized text is taken
directly from the Plan, followed by a response regarding compliance with the goals,
objectives and policies from the Plan.
Glenwood Springs Fairy Caves
Garfield County, Colorado
,; Text Amendment and Special Use Permit
rlROCK
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VISTA HEJGHIS.
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Subject Property
UNNY HILL3 3U0 DN.
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Fairy Caves Application
Exhibit 6
Existing Zoning
I
Source: Parcel Map from Garfield County
Assessor's Office Map 2185.
I inch 0 I,760'
1760
(1:21,120)
1760
3520
5280
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Open Space
Agricultural Industrial
City
Agricultural/Residential!
Rural DeasilY
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4.1 Commercial and Industrial
Uses
Goals
Geld County will encourage the
retention and expansion ofconvenien;
viable and compatible commercial
development capable ofproviding a wide
variety of goods and services to serve the
citizens of the County.
RESPONSE: The applicant is re -opening a historic tourist attraction that is clearly
consistent with the tourist -related economy crucial to the success of the City of
Glenwood Springs and Garfield County. The opportunity to re-establish the caves as a
publicly accessible attraction will continue to diversity the breadth of tourism
opportunities in the region.
Objectives
To ensure that commercial and industrial development are compatible with adjacent
land uses and mitigate Impacts identified during the plan review process.
RESPONSE: The applicant has contacted adjacent land owners, including the BLM to
mitigate impacts associated with the project. This most significant issue associated with
the project is additional traffic on Transfer Trail which provides access to the site. The
provision of van shuttles from a satellite location will reduce the trips associated with
allowing direct passenger -vehicle traffic to the cave entrance. As a part of conditions
of approval associated with the required BLM access permit, the applicant has agreed to
address dust control, drainage control and as -needed blading of the road to further
mitigate potential impacts.
Encourage the location of commercial development in appropriate areas that
maximizes convenience to County Residents
RESPONSE: The physical location of the caves are located less than two (2) roadway
miles from the Glenwood Springs downtown. Glenwood Springs is the concentration
point and the most significant bed -base in Garfield County during the proposed yearly
operating period of the tours.
Ensure that commercial development is conducive to safe and efficient traffic flow,
reduces vehicular movements and encourages alternate transportation modes and the
use of mass transit.
RESPONSE: The applicant will be operating a van shuttle between the Hotel Colorado
and the site. This will greatly reduce the impacts associated with the proposed project if
individual vehicles were allowed to access the site. A full description of likely traffic
Glenwood Springs Fairy Caves
Garfield County, Colorado
Text Amendment and Special Use Permit
IIROCK
riCREEK
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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 ofindus/nal and
commercial development is consistent with the long-
term land use objectives of the County.
RESPONSE: The proposed project is a low -intensity
commercial operation that is consistent with the local
importance of tourism in the County. The scale of the
project has been kept to a minimum.
Ensure a commercial and industrial development pohcy
that is environmentallysound and acceptable to County
residents and policymakers
RESPONSE: The applicant has mitigated the likely
environmental impacts of the project, including the use
of van shuttles to reduce traffic impacts and has sited the proposed improvements to
minimize visibility, grading and vegetation removal.
Policies
Landscaping and screening will be required to address specifc visual impacts of
thdustr7aJand 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 identifcation 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 Not Itemized. Upon application or on its own initiative, the County
commissioners may, 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 special findings-
(1) Such use is appropriate the physiographic and general environmental character of
the District to which it is added;
6 Glenwood Springs Fairy Caves
Garfield County, Colorado
Text Amendment and Special Use Permit
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(3)
RESPONSE: The proposal is somewhat unique in that the
Iocation 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 resultingfrom 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.
Such use does not create anymore offensive noise, vibration, dust, heat, smoke,
odor, glare or other objectionable infuences or more traffic hazards than the
minimum amount normally resulting from the other uses permitted in the District
to which itis added,
RESPONSE: The proposed project will not result in any offensive noise or vibration
during its operation. Some blasting will be required to open up access to the lower
reaches of the cave system, but this impact is only temporary. Dust will be addressed
using magnesium chloride applications, consistent with the requirements of the Bureau
of Land Management. No smoke odors or glare will be emitted from the site during
operation.
(4) Such use is compatible to the uses existing andpermitted in the district to which it
is added.
RESPONSE: As demonstrated in the application, the proposal has been scaled to ensure
that the use is compatible with the uses allowed in the A/I zone district. This has been
addressed through mitigation, as well as the proposal to include the use as a Special Use
and require a level of review far more stringent than either Uses by Right or
Conditional Uses.
Special Use Permit Request
Assuming the Planning and Zoning Commission and the Board of County
Commissioner's approve the proposed text amendment, the applicant is requesting a
Special Use Permit for the Fairy Caves. Compliance with submittal requirements and
standards of review are summarized below. Italicized text is taken directly from the
applicable portions of the Zoning Resolution, followed by a response to each
requirement.
Glenwood Springs Fairy Caves
Garfield County, Colorado
Text Amendment and Special Use Permit
FROCK
CICREEK
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A map drawn to scale portrayingyour
property, all the shzrctures on the
property, and the County or State
roadways within one (I) mile of your
property, If you are proposing a new or
expanded access onto a County or State
roadway, submita 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, showing slope of your property, for which a U.S. G.S 1.24,000 scale
quadrangle map kW/ suffice.
RESPONSE: A Vicinity Map based on the USGS 7.5 minute Quadrangle Series with 40
foot contours is included within the application as Exhibit 7.
5) A copy of the appropriate portion ofa Garfield County Assessors Map showing all
public and private landowners adjacent to yourproperty. Include a list of all
property owners and their addresses.
RESPONSE: A graphic depicting the property on the Assessor's Map is included within
the application as Exhibit 2. The adjacent land owners are as follows:
Parcel Number Property Owner Mailing Address
2185-053-00-035 City of Glenwood Springs 806 Cooper Avenue
Glenwood Springs
2185-033-00-035 Joseph and Celina Claudon
2185-041-00-963 Bureau of Land Management
2185-044-00-005 Chimes Investment Club
2185-044000-007 Lyle and Kathy Moss
PO Box 1904
El Jebel
PO Box 1009
Glenwood Springs
PO Box 1904
Glenwood Springs
1900 Georgia
Landing
Austin, TX
Glenwood Springs Fairy Caves
Garfield County, Colorado
Text Amendment and Special Use Permit
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Subject Proper
4 ° w i Colaraaff
9 ...� -- a . .
l nvdr 'flnngs
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1000 0 1000 3000
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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
intrrval 40ft 1 Phntn reviceri 1987
Fairy Caves Application
Exhibit 7
Topography
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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 lis/her
behalf.
RESPONSE: A copy of the deed and legal description of
the property is included within the application as
Attachment A. Authorization from the Property Owner is
included as Attachment B. Authorization from the
applicant to be represented by Rock Creek Studio is
included as Attachment F.
7) For ail applications pertaining to airports, the oil and
gas industry, power generation and/or transmission
industry, or any other classified industrial operation,
you must subrrritan impact statement consistent with
the requirements of Sections 503, paragraphs 1
through 5; 503.07, inclusive; and 503.08, inclusive.
RESPONSE: No industrial uses are proposed in association with the requested text
amendment or Special Use Permit.
Special . Use Permit Review Criteria
As listed under the Zone District Regulations, conditional and special uses shall
conform to all requirements listed thereunder and elsewhere in this Resolution plus the
following requirements:
(1) Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Board of County Commissioners shall
either be in place or shall be constructed in con_ junction 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) Streetimprovements adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either e in
place or shall be constructed in conjunction with the proposed use.
RESPONSE: An engineering report has been produced addressing the likely traffic
impacts of the project on Traver and Transfer Trail, in addition to the access easement
Glenwood Springs Fairy Caves
Garfield County, Colorado
a=;
_-:41 Text Amendment and Special Use Permit
rt ROCK
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that provides direct access to the cave portals. The
report is attached, including traffic counts, in the
a application as Attachment D.
Traffic Levels. The engineering report has estimated
that total trips associated with the proposed use will
reach forty (40) round trips, or eighty (80) total vehicle
trips per day along the total length of the access to the
Fairy Caves. This is roughly the traffic generated by
eight (8) single-family homes, based on commonly
applied ITE Traffic Generation assumptions. Table 1
summarizes the expected traffic generation with
existing traffic counts taken in July of 1998. The
roadway capacity is based on the Garfield County Road
Standards with the Subdivision Regulations for the
existing geometry and surface conditions of the road.
As shown on the table, the expected roadway volumes
with the project's traffic added will not exceed the
ability of the road to handle additional traffic. Trip generation is based on the
applicant's total trip estimation, and existing (background) traffic is based on the traffic
counts included within Attachment D.
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TABLE 1
EXISTING AND PROPOSED TRAFFIC VOLUMES
Traffic Criteria Friday Saturday Sunday Monday Tuesday Wednesday
07.17.98 0718.98 07.19.98 0720.98 0721.98 0722.98
Total Daily Vehicles 77 108 40 47 40 22
AM Pea( 5 12 4 6' 7 3
FM Peak 13 15 15 8 7 1 9
Project 80 80 80 80 80 80
Total Daily Future 157 188 120 127 120 102
Trips
Roadway Capacity 200 200 200 200 200 200
% of Capacity 78.5% 94.0% 60% 63.5% 60% 51.02
Proposed Mitigation.
The engineer has made the following recommendations, which the applicant has
agreed to as reasonable mitigation.
1. A culvert will be installed at the intersection with Traver Trail. This will allow the
water in the burrow ditch on the eastern side of the road to make it to the natural
drainage on the west side without crossing the surface.
2. All debris will be removed from the road side drainages. This will reduce the
possibility of storm water runoff exiting the ditch and crossing the surface of the
road.
Glenwood Springs Fairy Caves
Garfield County, Colorado
Text Amendment and Special Use Permit
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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 ofdistance 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 permit applications shall be
filed by the owner or owners ofthe 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 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 vicinity map be drawn to scale depicting the subject property, location of roads
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 Exhibit 1, and a Site Plan
showing the location of the existing structure on the property is shown as Exhibit 3.
There are no structures on adjacent properties. Adjacent land owners are summarized
on page 10.
(3) A letter to the County Commissioners from the applicant explaining in detail the
nature and character ofthe Special Use requested. (A. 79-132)
RESPONSE: The entire application, including text, graphics, exhibits and attachments
meet this requirement.
Glenwood Springs Fairy Caves
Garfield County, Colorado
Text Amendment and Special Use Permit
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Attachment A
DEED AND ACCESS EASEMENT
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"itoeorded atAO 11.:14clock _kr 2 '7_._. 464.. • i,., Book :957; ,.
=itcrr ttlon No. 225315 Ch•as. S_ Keegan' t • Page 441
:Tuns DEED arado nas .24th y t t - '
any ` March
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1 . L a : D i:,LAit 'and. other food and .valuntile considerationsr. . '
,, : 1.4 11:,• Enid pate •itis bribe first pati: bt 1i 1111•twid by quo 'raid • •
1 � ,.•Aeby r,.ar.rrd rruJ zu.6lotelrJ,^.,J, lar Ve - . j party of lv, ed ,...emal luui,.ttur;rre •;3-n 4,,. of b
- - - ptnntvey-bmt:eiurJ, told and conveyed, and by,lhrse prr::cnls'du'.
-'{ ,a art, I;Il1,•ait,'arlt, ronvey on,I V0111.61II, 11111,. the nai!1 potty of the stx.,nd pmt, ids st:rrrn:vrrF and a:signe LSrever,
'I' allot the following Jeserih,41lot : isetnilcel_ or hul,iauh•,lyingundbringithi
i'ICount of Garfi e Id
,I•i wId tac n
! '. The iJ7l,;,;71 of ,..lection ,
,..lection 3,
I, ' h G.,i.and Lot 10• of Section4 tin
. it. 89 W. Gth l'.11.,ATh
o, 'aiI rif rrantorat
richt, 'title, and intere:lt, if any, in all rights-of-
way, and all other ri(;hts and :.prlvilcgez,' if, any, over;.
along;, • across, ;and upon ..ot',6 'nt deeti-on'..4 ip. 6 J;.
' h.;d:l '4.-455 l':14,'as'reserved by that'•certain deed '1 •
t recorded in Rook 1:0 at.•1'age 405 of'Zhe ;records in `the
',office of the Clerk and 9ecorder, :•af•'�C,arfield County,.
t
'1'UCI:1'lllilt with all and ainl:ulnr Ibv 1„-frdit :,n. -Ill., raid appwl..e:vi:, s then nut. 1,-1„r :ui r ,.. ,
::!9''e 1:Iilllteg.:unl the 1l'4°(l llell Wel IP/','1:•iab5, 1 1 e in a t.,r,,Il
lar• light. *tee, inl,•nv: , ,.j ” 1h•1' and f••mniu.li ss: rents, i..au•s sisal peva. 1. •matt am all
- tin• e'' 1 claim soul y4mmr.f 4413-.4., -4.,, of lin• aid
poi 1eS,t llm first part. .. , in miry: • - .
ll *i , 'III 11.t1 E �.Xlb TO III/I.Ii (hi• rail t,n•n4i:, e• al.,.v,• h :g111ned 1111.1 a:,arri6ed. with h.. elgimirI,i0u' r, nolo 11,, 1 ..,
1' •..4i.1 Pal IF of thv r, ouv nal, 44r'i- lT.•44fl,. 1 mr:a:a•, forret.. .t u.l the ,ni.I soul' .CS,.f the firr.t pall, for :
IIII Uinta sal VC , • '�lit•�i arrrnlur+,'nlu,iioini:�lot,•t:.,.o,
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1 r,nrnalel, la,aul, Lary min nu.l new, lis and with •
I. 1',"••ltd. and ly of Ibr neon, part, illi vilecororr nu•1 a:.sians, Oat al Co; Iin,-'nf tln•'uoraliuc :wd ,tru'e's 43- of f
i'W...0 pr..:arms, they •lire` w,•11 s.,•i::rv1 of 144. pu'n'y:.:dome es'or.•3.4•,1, n.: of goof, ma e, pert: ea. ah -'1141e nal '
i:obrL•11.11 le raWl, of ieherli::nre, in law, in 144' :dug., . ow, ha V goad t irbt, full 1•' I,•: :A -lawful s:uthorpy In :
r aril rat. hat go in.4e11 and rune' the (alba• ill mtutn,-4-mar (011(1 as al,,n:aid, and 11,1 11,.. r
• vel Gamer alai a lher {p:uils, I lU,Iuiiw, s:,tti, ramp n3-:• fn., and dear 1' rant' • ,
.orto1: a Iles,s, l:u:es; n..n a:.mruL•, ad iurunJ.ran: ,a ofwluder,.r laud n3- weans
RECORDERS STAMP
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amI the nLurr Lammed tremiar:, '
1 in the quirt and prarutble lite•:uws' of the acid pally e3- the eerond`parl,iil.
teWencWI4. tend nasignn, n:;tin:a 1111 turd ; req' llrraml er prranns Inn•fully claiming seta 'renin Ole thole lir anyyuilt i�
'' 111.16.1; (Ii :aid p:utie5nl' lite fiend puts. sluill and trill IVAIg\Y,'p AND VOI:0,1:1: 1)1:l l .
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+• •1., • anal mail s • the day nod year first above mitten.
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1 city ;Countyuti ' Denver ,
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i' 77 : `t. �Mt•t iiny Y:it.?,V,tl ,
E4 ,t,y. Pe1:ex• P-.'irebbie, `itabort C.tCannel and Robert Wi1b[irj
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any of said lands, and the grantors du not warrant nor guarantee any ease-
ments'or access rights totoF 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 samelto remain where located and allow, the necessary
operation, repair and maintenance thereof without any charge or interference.
by the grantees, their heirs and assigns. I
'TD_HAVE AND TO HOLD the [fame, together with all and singular thee
appurtenances and privileges thereunto belonging or in anywiae'thereunto"
appertaining, and all the estate, right, title,'interest and claim whatso-
ever, of the said. parties of the first part, either in law or equity; to the
only proper use, benefit and behoof of the said parties of the second part,
their heirs and assigns forever..
• IN WITNESS,HHEREDF,`The said parties of the first part have here-
unto set:their handsand seals the day and year first above written.
lam/
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•
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0i 0" I ri (SEAL)
(,r (;1 ( ' 1� . ja iSEAL)
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(SEAL) -.
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t,a/rf0:ir:;r
QUIT -01.41M DEED -1040 ,.,.t ti—.... .n.,.. ... ,...,..,,..., ..>
/Da_ *a
Il f f' eet j Awe this L any of 111Ge---"',-""/-L'Y--!
in the year of uur Lord one'.
thousandthousandeight hundred a«d.eigliitu- j r.{.., ..eY 0 -"'r0 -"'r, DETTrEER ✓a"')! L py( C• LAO GSa .1.1./
.,� of the County of. S.�G(�ru1 Slate f Colorado, of the first part, and
/Lc ifVl./.rtr
of the County of '4(/'T_/1LL•1 i:! r and State of Colorado, of the second part,
IVf2.,Y1S.SETII, that fie said part! of Ll ni rt,
6 /i part, for and in errsuleration of the sant of
f ..,/L[(.t•11 CV/ _///-O Dellen,
to the said part's of the first part in hand pair! the said part of £h second part, the receipt whereof is hereby confessed and acknowledged,
said 'viral a/'a
las /Jfremised, r Teased, sold, conveyed ' QUI UI-CILapf�by these presents d em
ise, release, sell, convey and QUIT CL4LAf unto ale
e sewed /xart,_%(,LiI heirs ant /1(/aui6 /ern,e , all 5,e Heist, title, interest, claim ural detnatud which/. the mill
parsi/ u�Ci}f firs part14/ in arul to the fallowing duoribet p... -__4441,1y situ+to, lying and being in the County of
--...41.-: ...t..? .... ..aul State of Colorado, to wit : f f
•/ � •'t d. C•'. n•✓c._...Z..l/`• .Ll" � //�.�YLI�Ll[�.__. �%��GC•.rG��. �l r-�
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1 ,.__. 1,�4���1'.. P11�2QL/tom-1% d Lg,/
„rat.! ((.' !'i(e 1 C._.P:{iti?-C�[LLe.—?: "e!l_. __tv..r-I.2.A-.t.:—.-4-k,Cr,_.t. r%Lr0= a-< 00- /
d / r/ LS L. �jQ/ �'/ _ . e
ut c-d.e..A I. r e.1(....;T.lf -cf-fr(4.-4a—Pi�-....((:),L., R.(_--Li/t(1_ --... _•0 s tt�'g1•i /.t[<.
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21/( ,-,'..r.;74-') f/sv,t2..P:i.,f<ri/t_6?_.(t./ 7.q.9,4 d4,/i 1t,a Rau i
..rt'}"1•Ct/i..4'Ltr/./c{.[" /l..d'r,t-[!::I!/2.5:'L ZCLf1_k- a WC.t . GL.! �9 2s-u¢1.w.r /i
ai,t/ I rd ./.. r'•'1 /2.11.1 `:'— is r,.xt.{!/frr"L_L/ h rS.4 /(-.0-[a. r ..� r (Z(1:://41t,l.ti(-, i irzip__(: %a11Je.. -//tI/ .�r�/_.e._ �rCa.e ce.�..t� /Q
:(1.1 .l t.d [.1�//(.(/._�'"t/7.�!�-( L --i-.---„..14.17.41,_ .!. / ✓ /l .(=L/ G .(ci��..Lrc 01,L�('_--".'v.
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21,1-1- l y � /_- n i;�c.e.:l�.<-,��/�[-.L.��.�e ..—�n.. '7...-�_eLdl,�a ,t:�t-•-����JJ �/�=t-"Q�_`���1
,wld.k I. t" (1 (-1- . ';I Z'/ 4 c. A./� Ga/• _.. !L':1_ai-G vi r ▪ .y�e_r,t. e .. v_vt /Gee- 1N •i.
,� Vj
% % n f f Liz.: �c t z e! o/ c v of. c/ /c,e,1'1.c,.:.�' ./zz�.[/4P/7-,/c U
iR ice/ (i tt,,t°l'( r161/'l ct,cc��`ZR2:c�ltcytz cL lei: 1�1cr ..c _/. 4./.. /�_/C%
�!Ct.r• /.C/.[C1-- .e-.i./.GL.LCc%C., . e,�t. r az �Q'�t- - - /=
DO /Id 1"h' ./1(1) TO /10LD 1'11 le S.LAIE, together wilt alt and singular the appurtenances and privileges tlereanto belonging or is anywise
llereanto apper'taiantg, Mkt alt the estate, right, Lttle, interest.and ciaim {chat -waver, a//jlti said part. of the first part, either in low or equity,
to the only proper ase, Gena/!t and behoof of She said pm -SV uf. the second artll. (.i / &-1 eira andassigns forever.
1A' WITNESS IVllEltS010, the acid partl% of thsofirst part la hereunto set !JZ-(<L
Q � l haaand seal_the day mut year
first above written. V /
SIGNED, SEALED AND DELIVERED IN PRESENOE Or (1/ .49
.(/(i9(j.T/L -14,11-G(
•
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County L•r.i as. /:c _. f% ✓. lea/ //(i.
y r/': c .r G.r, l,.q. Y:..GL.0 rr tr �1 / L(,� �[.r-(� %, • (/
in and er said L'u nay, in the Slate aforesaid, le hereby.eertify that. ...................
personally krwwn to unratttiie person wiu anus
t
day ililrersoa, and act;rwwiulged. that. � � / signed,
1_ k41�. True and voluntary aoG, j r die 1,ses ankh purposes
(live{ uuler nay hand« ud.�T A-!�ct •�caX�soaG this./
.°
to U ''-'4"° viced i �appeared before me this
sealed and delwere s said rstrununtof writing as
0ein set forth. / `
'YYff qday of.NfrC- ....-`4L- t.D.1S9ef
.11y wvursission azpires • � c :'-( 't.tA't..c- f
r y•
Filed for Record the 7 day of Com/
�,o d D.1b a
•l1 a"*t- ,.e
0"14 -•`A -z1— Recorder,
Deputy.
-L VV
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Attachment B
PERMISSION OF
PROPERTY OWNER
F ROCK
NCREEK
MSTUDIO .
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POW, INC
5155 Raleigh Street
Denver, Colorado 80212-2609
August 10, 1998
Mark Bean
Director of Building & Planning
Garfield County
109 8th Street
Glenwood Springs, CO 81601
Dear Mr. Bean:
I Pete Prebble, president of POW, Inc. hereby authorize Steve Beckley & JMB Properties, Inc. to
pursue a zoning text amendment and special use permit on the following property:
South 'A of NW/4 SW/4 Section 3 Township 6 South Range 89 West
South ''A 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
/'1 ROCK
NCREEK
M511010,
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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 \Vashineton 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 "13"
below. Early commencement of the Development Phase shall not result in early termination of the
Development Phase, which shall continue until October 22, 1999.
13. The period from October 23, 1998, until October 22, 1999, may be referred
to as the "Development Phase." Rent in the amount of $1,500 per month shall be due Lessor during
the Development Phase. During the Development Phase, Lessee shall have complete access to the
surface 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 $3,000 per month (the "Monthly Rent") shall
be due Lessor during the Operations Phase except as specifically set forth herein. Commencing
January 1, 2003, Lessee shall also pay to Lessor the amount of five percent (5%) of the Lessee's
gross sales receipts from the Project as shown on Lessee's State of Colorado sales tax return ("Gross
Sales Percentage") together with five percent (5%) of any rental or other revenue received from
assignees or subtenants of Lessee ("Sublease Percentage"). The amount of Gross Sales Percentage
and Sublease Percentage due to Lessor for each calendar quarter will be paid to Lessor within thirty
days after the end of each calendar quarter, accompanied by a copy of Lessee's State of Colorado
sales tax return for that quarter.
• D. At the end of the initial Term of the Lease and the end of each subsequent
Term of the Lease, in the event Lessee is not in default under the terms of the Lease at the time of
or suffered by any of them as a result of any violation by Lessor of, or non-compliance with, any
local, state and federal statutes, rules and regulations regarding land use and environmental
protection.
6. Character of Occupancy and Construction. Lessor and Lessee acknowledge that
Lessee may use the Property and the Cave for any lawful purpose except commercial mining or
quarrying of limestone for resale, and that Lessee intends to develop the Property and the Cave as
a commercial venture for development of visitor access to the Property and the Cave including, but
not limited to, guided tours of the interior of the Cave, hiking trails, picnic areas, visitor facilities,
museums, and educational displays (the "Project"). Lessee agrees that the Property shall be used
and occupied in a careful, safe and proper manner by Lessee and Lessee's agents and employees.
Lessor acknowledges and agrees that Lessee may construct improvements and
structures on the Property including, but not limited to, gates, paved roads, lighting, paved parking
lots, tramway facilities, sidewalks, picnic areas, buildings, and sanitary and recreational facilities
(the "Improvements").
Lessee agrees that Lessee will not use or permit the Property to be used for any
purposes prohibited by the laws of the United States or the State of Colorado, or the ordinances of
the city or county in which the Property is located.
7. Easements and Rights of Way, Washington Lode.
A. The Property leased hereunder shall specifically include all of the easements,
rights of way, licenses or rights or use of access (collectively referred to herein as "ROW") granted,
assigned or inuring to the benefit of Lessor or the Property. The grant and lease of the ROW
hereunder is expressly subject to Lessor's continued right to use the ROW so long as Lessor's use
does not materially interfere with development or operation of the property or the Project. Lessee's
lease and use of the ROW shall be for all uses contemplated by the Project, including public
vehicular, or other, access to the Cave.
B. Lessor agrees to provide to Lessee copies of all ROW granted, assigned or
inuring to the benefit of Lessor or the Property, and of all ROW granted by Lessor to third parties.
In addition, Lessor shall provide to Lessee copies of all correspondence to or from the U.S. Forest
Service or Bureau of Land Management regarding the Property.
C. Lessor will cooperate fully with Lessee should Lessee desire to terminate any
express or implied ROW across the Property claimed by any third party, including the institution
of any legal action to terminate such ROW which is requested by Lessee, provided the same is at
Lessee's sole cost and expense.
D. Lessor shall have the right to use any ROW presently benefitting the Property
or obtained by Lessee for the benefit of the Property, for access to the Northern half of the parcel
of real estate described on Exhibit A (the "Northern Parcel") provided such use does not materially
interfere with Lessee's development and operation of the Property or Project.
E. Lessor shall not grant any additional ROW across the Property during the
term of this Lease without the prior written consent of Lessee.
F. Lessor grants and conveys to Lessee the following easements which shall be
appurtenant to, and run with, the land included in the leased Property:
(1) An easement for public access and egress, utilities, telephone and
water lines on all existing roadways on the Northern Parcel, including but not limited to those shown
on Exhibit C hereto and for a proposed roadway as shown on Exhibit C, it being specifically
understood and agreed that the location of the roadway may vary to provide the most efficient and
economical access to the Cave from the BLM road in the northwest corner of the Northern Parcel.
Such easements shall be 60 feet in width or wider if so required for designation as a county road.
(2) A license to use up to one-half acre of land for construction and
maintenance of a water tank to service the Property plus an easment for access to maintain and repair
such water tank and for utilities, telephone and water lines from the water tank to the Cave
3 P:'BECKLEY\GLENWOOD\LEASE4.WPD
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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 may be used for any purpose permitted herein.
In such event, and if Lessee installs utility or phone lines on the Washington Lode property Lessor
shall have the right to utilize the same for utility and telephone service to the Northern Parcel. Lessor
reserves an easement over the Property for purposes of such utility and telephone service.
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 alter 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 suffer 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.
If Lessee fails to remove Lessee's trade fixtures at termination of this Lease, Lessor may, at Lessor's
option, retain all or any of said trade fixtures not so removed, and title thereto shall thereupon vest
in Lessor, or Lessor may remove from the 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 tines 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 Toss 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 may sublet portions of the
Property to a sublessee or sublessees providing retail services such as a museum, gift shop, or
restaurant. In the event of the assignment of this Lease by the Lessee to a corporation, partnership,
or limited liability company, or sublease of a portion of the Property as set forth above, the Lessee
shall nonetheless remain personally obligated for the performance of all terms and conditions of this
Lease, including by example and not limitation, the payment of rent.
13. Default. 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 alter 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 after the Lessee has
given written notice thereof, then the Lessee may, at the Lessee's option, terminate this Lease and
Lessee's right to possession of the Property and Lessee's obligation to pay rent after Lessee has
vacated the Property.
14. Eminent Domain. In the event that the Property or any part thereof shall be taken or
damaged by reason of any exercise of the power of eminent domain under governmental law,
ordinance, or regulation, whether by a condemnation proceeding or otherwise, or in the event the
Property or any part thereof shall be transferred in avoidance of an exercise of the powcr 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 teen of this Lease or any renewal thereof,
but Lessee shall be entitled to that portion of the award, whether as purchase price, damages, or
otherwise, for such taking, and such award shall belong to and be the property of Lessee whether
such award shall be deemed compensation for diminution in the value of the leasehold or the value
of the Property and improvements, to the extent of the percentage of the value of the Property
attributable to Lessee's improvements and trade fixtures and ongoing business operations on the
Property as determined by a MAI real estate appraiser satisfactory to Lessor and Lessee.
Lessee shall have the right to claim and recover from the condemning authority, but
not from Lessor (unless an award has been made to Lessor for the following items): (i) such
compensation as may be awarded or recoverable for Lessee's improvements and Trade Fixtures, and
(ii) such compensation as may be awarded to Lessee or recoverable by Lessee for any damage to
Lessee's business operations done on the Property.
The date of taking, as that phrase is used herein, shall mean the date title is vested
in the condemning authority.
15. Property Vacated During Term of Lease. If the Lessee shall abandon or vacate said
Property before the end of the Term of this Lease for a period of 60 days, the Lessor may, at its
option, after 30 days written notice to Lessee, enter said Property, remove any signs of the Lessee
therefrom, and re -let the same as it may see fit, thereby voiding and terminating this Lease; and for
the purpose of such re -letting, the Lessor is authorized to make reasonable repairs in or to said
6 PABECKLEY\GLENWOOMEASE4.WPD
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 Lessee's Prope y. All personal property of any kind or
description whatsoever in the Property shall be at the Lessee's sole risk, and the Lessor shall not be
held liable for any damage done to or Toss of such personal property, or for damage or loss suffered
by the business or occupation of the Lessee arising from any act or neglect of other occupants of the
building, or of the employees of the Lessor or of other persons, or caused in any other manner
whatever, except in the case of neglect or negligence on the part of the Lessor.
18. Hold Harmless and Indemnity. Lessee shall hold harmless and indemnify Lessor,
Lessor's agents and their respective successors and assigns, from all injury, loss, claims or damage
to any person or property while on the Property, or arising in any way out of Lessee's business on
the Property, which is occasioned by any negligent act or omission of Lessee, its employees, agents,
invitees, licensees or contractors.
Lessor shall hold harmless and indemnify Lessee, Lessee's agents and its respective
successors and assigns from all injury, loss, 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 Tess 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 I thereafter that this Lease is in
effect, the Option Price shall be increased for the following year based on the CPI Index published
nearest to the date of this Lease, or any previous increase as the case may be (the "Beginning Index")
and published nearest to the date of the subject increase (the "Adjustment Index"). The Option Price
for the following calendar year shall be calculated by multiplying the existing Option Price by a
fraction, the numerator of which is the Adjustment Index and the denominator of which is the
Beginning Index. In no event shall the Option Price, or any redetermination thereof, be based on or
increased by any improvements to the Property, or increase in value therefrom, which are made by
Lessee. In no event shall the Option Price increase by more than ten percent (10%) per year.
Lessor shall have the right to finance the Lessee's Option Price for the purchase of
the Property under this Section 22, provided Lessor gives Lessee written notice of Lessor's intention
to do so within ten (10) days of Lessee's written election to exercise its option to purchase. 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 improvements to the Property which are made by Lessee.
24. Sale or Foreclosure of Property. Lessor agrees that, in the event Lessor enters into
a contract for the sale of the Property to any third party which is not matched by Lessee as set forth
above, such contract shall provide that Lessee may retain possession of the Property until
termination of this Lease. Lessor shall immediately notify Lessee of Lessor's receipt of any notice
of foreclosure affecting the Property by any lienholder thereon.
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25. Waiver. No waiver of any provision herein or of any breach or Default of any of the
conditions or covenants of this Lease by the Lessor or Lessee shall be deemed to permit or constitute
a continuing waiver of that provision or any other provision of this Lease or any succeeding or other
breach or Default hereunder.
26. Amendment or Modification. No amendment or modification of this Lease shall be
valid or binding unless expressed in writing and executed by both of the parties hereto in the same
manner as the execution of this Lease.
27. Attorney's and Arbitration Fees. In the event any dispute arises concerning the terms
of this Lease or the non-payment of any sums under this Lease, and the matter is turned over to an
attorney or arbitration, the party prevailing in such dispute shall be entitled, in addition to other
damages and costs, to recover reasonable attorney's and arbitration fees from the other party.
28. Arbitration.
A. Agreement to Arbitrate. Subject to the provisions of the next paragraph
below, Lessor and Lessee agree to submit to binding arbitration any and all claims, disputes and
controversies between or among them, whether in tort, contract or otherwise (and their respective
employees, officers, directors, attorneys, and other agents) arising out of or relating to in any way
to this Lease and its administration, modification, extension, enforcement, default or termination.
Nothing in the preceding paragraph, not the exercise of any right to arbitrate
thereunder, shall limit the right of any party hereto (1) to exercise self-help remedies such as
repossession or as set forth in the Colorado Revised Statutes; or (2) to obtain provisional or ancillary
remedies such as replevin, injunctive relief, attachment or appointment of a receiver from a court
having jurisdiction, before, during or after the pendency of any arbitration proceeding. The
institution and maintenance of any action for such judicial relief, or pursuit to provisional or
ancillary remedies, or exercise of self-help remedies shall not constitute a waiver of the right or
obligation of any party to submit any claim or dispute to arbitration including those claims or
disputes arising from exercise of any such judicial relief, or pursuit of provisional or ancillary
remedies, or exercise of self-help remedies.
B. Selection of Arbitrator. Arbitration hereunder shall be before one neutral
arbitrator, being a person from one of the following categories: (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 parties to the dispute or their
representatives shall obtain from AAA a list of persons meeting the criteria outlined above and the
parties shall select the person in the manner established by the AAA.
C. Governing Laws and Rules. Such arbitration shall proceed in the State of
Colorado in the City and County of Denver, shall be governed by Colorado law, including all
applicable statutes of limitations, and shall be conducted in accordance with the Commercial
Arbitration Rules of the American Arbitration Association ("AAA"). Judgement upon the award
rendered by the arbitrator(s) may be entered in any court having jurisdiction.
D. Discovery. In any arbitration hereunder: (1) the arbitrator(s) shall decide (by
documents only or with a hearing, at the arbitrators' discretion) any pre -hearing motions which are
substantially similar to pre -hearing motions to dismiss for failure to state a claim or motions for
summary adjudication; (2) discovery shall be permitted, but shall be limited as provided in Rule
26.1(c) of the Colorado Rules of Civil Procedure, and shall be subject to the scheduling by the
arbitrator(s), and any discovery disputes shall be subject to final determination by the arbitrator(s);
and (3) the arbitrator(s) shall award costs and expenses of the arbitration proceeding in accordance
with the provisions of the Lease.
29. Notices. All notices or demands of any kind which the Lessor or Lessee may be
required to serve on the other party under the terms of this Lease shall be in writing and may be
delivered by personal service or by mailing a copy thereof by registered or certified mail, postage
prepaid, addressed to the respective parties referred to herein at the address specified below or at
such other address or addresses as may from time to time be designated by such parties in writing.
9 P:IBECKLEYIGLENWOODLEASE4.WPD
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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 of this Lease shall not be affected thereby.
LESSOR LESSEE
POW, INC.
By '4` CC7 / ct �
Peter Prebble, President
Address: 5155 Raleigh Street
Denver, Colorado 80212-2609
JMB PROPERTIES, INC.
,.z
Steve Bcckle', 'residen
By
Address: c/o Steve Beckley
P. O. Box 4491
Englewood, Colorado 80155
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STATE OF COLORADO
COUNTY OF V2 7/2/("0/1/
) ss.
The foregoing instrument was acknowledged before me this ..Lf day of -1%,F/G , 1998,
by Peter Prebble, President of POW, Inc., a Colorado corporation, on behalf of said corporation.
Witness my hand and official seal.
Notary Public
My commission expires: /'� 77-D t /
STATE OF COLORADO )
) ss.
COUNTY OF L)cA/ VER
A d
The foregoing instrument was acknowledged before me this day of h PR / L , 1998,
by Steve Beckley, President of JMB Properties, Inc., a Colorado corporation, on behalf of said
corporation.
Witness my hand and official seal.
A/62. ,LJ M.4
Notary Public /
My Commission Expires: /-27 "":`.7
1 1 PAS ECKLEYIGLENWOODILEASE4.WPD
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 fellows:
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.
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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.
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EXHIBIT C
to Lease between
Glenwood Corporation and POW, Inc.
dated April 22, 1998
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1
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Attachment D
ENGINEERING REPORT
AND
TRAFFIC COUNTS
rl ROCK
riCREEK
T1STUDIO.
1
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•
August 27, 1998
Mr. Mark Bean
Director of Planning, Garfield County
109 8h Street
Glenwood Springs, CO 81601
RE: Glenwood Caverns
Dear Mr. Bean:
Vehicular access to the Glenwood Caverns will be via an existing dirt/gravel road that crosses
federal land managed by the Bureau of Land Management (BLM) and private landowners. Most
of the road generally follows the historic Transfer Trail from Glenwood Springs, but near the top
of the ascent, access to the Glenwood Caverns departs the Transfer Trail. The winding road has
a hardpacked surface, which varies in width. Over the two miles from the town to the cave
entrance the road climbs at an average grade that exceeds 9%. The road had commercially
applications in the past, including the transportation of mined limestone from quarries adjacent to
the road. Presently the road is used for recreation and the maintenance of communication sites
near the cave on a seasonal basis. The road has not been plowed for the past several winters
which eliminates wheeled vehicles, however the snow covered surface is frequented by
snowmobilers, cross country skiers and snowshoers.
I have traveled the entire length of the road from Glenwood Springs to the caverns on several
occasions since April 1998. In that time I have observed the durability of the traveled surface,
the drainage facilities and sight distances as related to the safe operation of motor vehicles. I
have witnessed snowstorms, spring runoff, intense thunderstorms and periods of no precipitation.
The road has held up remarkably well despite the lack of regular maintenance. This is most
likely attributable to heavy mining trucks that used to travel the road, the rocky subbase and the
steep grades, which do not allow surface runoff to pond near the road. The few areas were
ponding occurred appear to be the result of localized anomalies. Most of the wear to the road
occurs when the surface becomes saturated due to a seasonally high water table, uncontrolled
runoff or during heavy precipitation events. The vehicles that use the road when dry cause a
lesser amount of wear. Airborne dust generated by vehicular traffic is most prevalent in the few
areas where rock does not predominate the road subbase and during times of little precipitation.
However, even small amounts of water appear to have a relatively long lasting effect as a dust
suppressant. The loudest and most annoying noises emanate from the 2 -cycle engines that power
motorcycles, snowmobiles, and ATV's.
Shuttle buses will be used to transport tourists to the cave. The buses will not be as heavy as a
loaded mining truck that once traveled the road and will not be as long as some of the RV's that
successfully navigate the road to the upper parking area. It is anticipated that the maximum
number of tours per day that Glenwood Caverns can accommodate is twenty-four (24).
Additional trips by support and maintenance vehicles will also be required. The total number of
1
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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.
S • cerely,
Kenneth W. Curfinan
PE -PLS 25620
TO TE
&ECK Lel)
_2(2_
L r. p
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
SUBJECT
JOB NO. /806,0/
We are sending the following: gI Herewith 0 Under separate cover
Photocopies 0 Prints ❑ Documents
0 Mylars ❑ Shop Drawings
If material received is not listed above, kindly notify us at once.
Transmitted by:
XFirst class mail
0 U.P.S. Next Day Air
0 Federal Express
❑ U.S. Express Mail
❑ U.P.S. Std. Service
0 Messenger
0 Pickup
❑ FAX
B
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Volume Count Report
Generated by MSC3000 Version 2.01 Copyright 1990-1992 Mitron Systems Corporation
Location
Location Code
County
Recorder Set
Recording Start
Recording End
Sample Time
Operator Number
Machine Number
Channel
Divide By
Summation
Two -Way
Transfer Trail Volume Counts
.. 98999
Garf iel
07/17/98 18:1
07/17/98 19:0
07/23/98 08:4
15 Minutes
a
1
1
2
No
No
3
0
5
Friday 07/17/98 Channel: 1
2000 2100 2200 2300 2400 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 Totals
3 1 1 1 3 3 0 0 0 0 1 1 0 4 3 3 2 7 8 3 13 6 12 2 77
0 1 0 0 0 0 0 0 0 0 0 0 0 3 0 0 2 2 3 0
2 0 0 1 3 2 0 0 0 0 0 1 0
1 0 0 0 0 1 0 0 0 0 0 0 0 2 2 2 3 2 1 0
0 0 1 0 0 0 0 0 0 0 1 0 0 1 4 0 3 0 5 11 2 1 5 2 3 1
AM Peak Hour!;110AM Peak Hour FactorPM Peak HourPM Peak Hour Factor
2
1
1
0
0
1
2
0
0
0
1
2
0
2
0
0
10:30
62.50
15:00
65.0%-
to
5.00
to 11:30 (5 vehicles)
to 16:00 (13 vehicles)
Saturday 07/18/98 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
7 6 1 4 2 2 0 0 0 0 0 2 2 4 9 11 3 8 5 10 11 11 7 3 108
1 0 1 1 0 0 0 0 0 0 0
2 6 0 2 0 1 0 0 0 0 0 5 2 1 1 0
3 0 0 1 2 0 0 0 0 0 0 0 5 10 1
1 0 0 00 1 0 0 0 0 0 3 3 0 3 1
2 1 0 2 1
0 0 2 2 0 1 5 3
0 0 0 0 3 2 0 2
0 2 0 2 4 0 1 0
2 0 2 5 4 0 2 0
AM Peak Hour
AM Peak Hour Factor
PM Peak Hour
PM Peak Hour Factor
•
09:45 to 10:45 (12 vehicles)
60.00
15:30 to 16:30 (15 vehicles)
37.50
1
1
i
1
1
1
Volume Report, 'Transfer Trail Volume Counts'
Sunday 07/19/98 Channel: 1
2000 2100 2200 2300 2400 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 Totals
4 15 4 2 0 0 0 0 0 0 0 3 1 0 0 0 2 1 2 0 0 2 2 2 40
0 3 0 2 0 0 0 0 0 0 0 0 1 0 0 0 0 0 2 0 0 0 1 1
1 6 1 0 0 0 0 0 0 0 0 3 0 0 0 0 2 0 0 0 0 0 0 0
0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 0 1
3 6 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0
AM Peak Hour 06:15 to 07:15 (4 vehicles)
AM Peak Hour Factor 33.30
PM Peak Hour
PM Peak Hour Factor 20:00 to 21:00 (15 vehicles)
62.50
page 2
Monday 07/20/98 Channel: 1
II2000 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
Il0 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
II 0 1 0 0 1 0 0 0 0 0 0 3 0 0 0 0 0 0 2 1 1 0 0 0 2 0 0 5 0
AM Peak Hour
AM Peak Hour Factor 10:45 to 11:45 (6 vehicles)
160
37.5% -
PM Peak Hour
PM Peak Hour Factor 12:00 to 12:45 (8 vehicles)
28.611-
II
8.60
IITuesday 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 0 0 03 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 1 0 4 0 0 1 0 0 2 0
AM Peak Hour
AM Peak Hour Factor 11:00 to 12:00 (7 vehicles)
PM Peak Hour 43.8%.
PM Peak Hour Factor 14:15 to 15:15 (5 vehicles)
62.So
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•
1
1
1
1
1
1
1
1
1
1
1
•
Volume Report, 'Transfer Trail Volume Counts'
page 3
Wednesday 07/22/98 Channel: 1
2000 2100 2200 2300 2400 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 Totals
0 8 2 1 4 1 0 0 0 0 0 2 3 1
22
o 0 1 0 4 1 0 0 0 0 0 1 2 0
0 3 1 0 0 0 0 0 0 0 0 1 0 0
0 2 0 0 0 0 0 0 0 0 0 0 1 1
0 3 0 1 0 0 0 0 0 0 0 0 0
AM Peak Hour 06:15 to 07:15 (3 vehicles)
AM Peak Hour Factor 37.50
PM Peak Hour 20:15 to 21:15 (9 vehicles)
PM Peak Hour Factor 75.0%
1
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•
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•
Attachment F
Agricultural/Industrial
Zone District Text
PI ROCK
C9CREEK
GISTUDIO„.
3.00 ZONE DISTRICT REGULATIONS
The zone districts shall be governed in conformity with the following regulations:
3.01 A/I--AGRICULTURAL✓INDUSTRIAL
3.01.01 Uses. tzv ri ht: Agricultural, including farm, ,garden, greenhouse, nursery, orchard, ranch,
small animal farm for production of poultry, fish, fur -.gearing and other small animals, and
customary accessory uses including buildings for shelter and enclosure of persons animals
or property employed in any of the above uses; retail establishment for sale of goods
processed from raw materials produced on the lot;
Kennel, riding stable and veterinary clinic, guiding and outfitting;
Single-family dwelling and customary accessory uses only where it is accessory to the uses
listed above. (A. 80-1g0; 86-09)
Accessory dwelling unit approved as a part of a public hearing or meeting on a subdivision
or subdivision exemption or quest house special use approved after 7/95 and meeting the
standards in Section 5.03.02
3.01.02 Uses. conditional: Aircraft landing strip, airport -utility, salvage yard and sanitary landfill;
group hcme for the elderly. (A. 97-60)
Home occupation, storage. (A. 80-180;86-09)
3.01.03 Uses. special: Camper park, agriculture -related business, resort: Airport - air carrier,
communication facility, corrections facility.(A. 97-60)
Plant for fabrication of goods from processed natural resources; material handling, pumping
facilities, electrical distribution, warehouse facilities/staging areas, fabrication areas, storage
areas, water impoundments, access routes, utility lines, pipelines; extraction,processing;
public gathering; commercial park; re: reational support facilities; guest houses. (A. 80-180;
81-145; 81-263; 86-09)
Accessory dwelling unit meeting the standards in Section 5.03.02 for any lot not created after
a public hearing or meeting after 7/95.
3.0I.04 Minimum Lot Area: Two (2) acres. (A. 80-180)
3.01.05 Maximum Residential Lot Coverage: Fifteen percent (15%). (A. 80-180)
3.01.06 Minimum Setback: (Unless otherwise permitted by special use permit.)
(1) Front yard: (a) arterial streets: seventy-five (75) feet from centerline or fifrv(50) feet from
lot line, whichever 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 hei,t,
whichever is ,greater. (A. 80-180)
3.01.07 Maxirrrum Height of Buildings: Forty (40) feet. (Unless otherwise permitted by special use
permit.) (A. 80-180)
3.01.08 Additional Requirements: All uses shall be subject to the provisions of Section
5(Supplementary Regulations). (A. 80-180)
18
•
APPENDIX B
PREVIOUS RESOLUTION OF
APPROVAL
June 1999
•
Glenwood Caverns Adventure Park
•
►■■ui 11111 111111 iiii1111111111 ii: )111 111111111111
546854 06/08/1999 03:39P 81133 P904 M ALSDORF
1 of 4 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 Mnnr7a�_, the7th day of ,-rune A.D. 19 99, there were present:
John Martin
Walt Stowe
Larry L. McCown
Don Deford
Mildred Alsdorf
Ed Green
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 9 9- n 6 5
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
• 5468I54061i 08%I191111!!lli_. ,11 11111 /111 1111
66 03:36p 2 of 4 R 0.00 D 0.00 GARFIELD3 COUNTY COSDORF
•
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 b 1
hearing before the Board of County Commissioners. y ate' for the
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. g
�• 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)
facilities at any given point during permitted hours of operation. uNo persons shall
111111111111111111111111111 11111 !lir- Ili 1 E nil 1111
546854
R60.001D99 03:39P 0.00 GARFIELD SDORF
COUNTY CO
be allowed to use facilities beyond general maintenance and routine use in
association with the cave operation.
8. That the use be limited to daylight to
dusk hours of operation and that no regular
night activities be approved, except traffic which may be generated by a special
event. All special events shall be limited to public vehicular access by van only.
9. That an emergency preparedness plan be provided to the County.
10. That the use be limited for operation to those periods of the year such that the
primary access as defined in the final resolution for approval of the special use
remains free and clear of any potential safety hazard as may be created by the
presence of standing snow on the roadway. Standing snow is defined as any
amount of snow which remains in the roadway regardless of road maintenance.
11. Control of noxious weeds shall be the responsibility of the lessee for areas of the
property affected by the described operation.
12. If any areas affected by the application are to be floodlit, the applicant shall use
box cut-off designs which direct lighting inward to the property.
13. The applicant shall follow the Best Management Practices, as indicated by the
Colorado Forest Stewardship Guidelines road building activities.
14.. The applicant shall submit an amended application at time any further expansion of
commercial, retail or operational activities beyond those described in the
application.
Dated this 7th day of June , A.D. 1999 .
ATTES,T,:, ,
•
GARFIELD COUNTY BOARD OF
CO 1 i SSIONERS, GARFIELD
CO , COLORADO
Chairm
111►►►111U11111111111111111 1111L )1 11111 1111 1111
• 546854 06/08/1999 03:39P B1133 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
COMMISSIONER WALTER A. STOWE ,Aye
,Aye
STATE OF COLORADO
County of Garfield
)ss
County Clerk and ex -officio Clerk of the Board of
County Commissioners in and for the County and State aforesaid do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of A.D. 19
County Clerk and ex -officio Clerk of the Board of County Commissioners
•
APPENDIX C
PREVIOUS RESOLUTION OF
APPROVAL
May 2002
•
Glenwood Caverns Adventure Park
•
•
•
7/ 1111111ail 1111111111111111111111111111111111111111111
603812 03/22/2002 09:50A 81336 P682 M ALSDORF
1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO
STATE OF COLORADO
County of Garfield
)ss
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, Mo---- nom., the 2 0th day of MAY A.D. 20 0 2 , there were present:
John Martin Commissioner Chairman
LaTMv McCown
Walt Stowe Commissioner
Don DeFord Commissioner
Mildred Alsdorf County Attorney
Ed Green Clerk of the Board
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 PE
APPLICATION FOR A COMMERCIAL/RECREATIONAL FACILITY FOR GLENWOOD
CAVERNS, INC. AND JMB PROPERTIES, INC.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received an application from Glenwood Caverns, Inc. and JMB Properties, Inc. for a special use
permit to allow for approval of Commercial/ Recreational Facility within the A/I zone district;
and
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, held a
public hearing on the 6th day of May, 2002, upon the question of whether the above described
Commercial/ Recreational Facility should be granted or denied, at which hearing the public and
interested persons were given the opportunity to express their opinions concerning the approval
of said special use permit; and PP
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
•
111111111111111111111111111111111111111111111111111111
693812 05/22/2002 09:50A 61356 P683 M ALSDORF
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
Sam -12am Friday and Saturday
b) The tramway towers and passenger gondolas will not be lighted
c) The towers will be installed via helicopter and will disturb the least
amount of vegetation possible
d) There shall not be any disturbance of vegetation between tower sites
e) The visitor's center will be painted in earthtones
f) The tramway towers will be painted a grayish tone to reduce reflexivity
g) Pursuant to this Resolution, activities offered on the site will be Iimited
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
2
•
mann' ■m■ nun Ell ■IUi■Il 111 ■•I•■ 1111 11111
603812 03/22/2002 09:50A 81366 P684 M ALSDORF
3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO
2. A pre -annexation agreement between the City of Glenwood Springs and the
applicant is established before a Special Use Permit is issued.
3. The applicant must obtain an operators license from the Colorado Passenger
Tramway Safety Board and must have a valid operators license at all times
throughout the life of the project. If the operators license for the tramway is
revoked by said Safety Board at any time, the Special Use Permit shall also be
revoked. At any time during the life of the project the County may ask the
applicant to produce proof of a Colorado Passenger Tramway Safety Board
license that is in good standing.
4. The applicant shall submit a weed vegetation management plan approved by the
Vegetation Management Director before a Special Use Permit is issued.
S. The applicant shall adhere to the following suggestions provided for by the
Division of Wildlife in the referral letter dated April 16, 2002:
a. There shall be no outside storage of any trash or garbage anywhere within
the property, with the exception of bear -proof trash containers
b. Refuse kept in non bear proof containers should be kept within secure
structures that are not likely to be broken into by bears
c. There shall be no dumps or underground disposal of refuse on site
d. Except for bird feeders, the feeding, baiting, salting, or other means of
attracting wildlife to site is prohibited
e. Bird feeders should be strategically placed to avoid being an enticement
for bears
f. Tourists and other users to the site shall be made aware of the local
wildlife community by utilizing information provided by the Division of
Wildlife.
6. Loss of access easements to the cave property will result in the revocation of the
Special Use Permit.
7. The applicant shall submit a wildland fire mitigation plan approved by the
Glenwood Springs Rural Fire District before a Special Use Permit is issued.
8. Pursuant to Section 9.03.05 of the Subdivision Regulations, the applicant shall not
implement the restaurant up -grade until approval for the wastewater treatment of
the facility is approved through periodic review. Prior to conducting that use, the
applicant shall fulfill the publicnotice requirements set forth in Section 9.03.04 of
the Garfield County Zoning Regulations.
9. The ISDS design shall be submitted to and approved by the Department of Health
for review before a Special Use Permit is issued.
3
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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.
04.;"1111 U 11/ 44.
_ . gted'this 21 day of May , A.D. 2002
•
In-""" 'Clerk of the Board
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
,COLORADO
4
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Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMJSSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN , Aye
COMMJSSIONER WALTER STOWE , Aye
, 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. 20
• County CIerk and ex -officio Clerk of the Board of County Commissioners
•
5
•
APPENDIX E
PREVIOUS RESOLUTION OF
APPROVAL
July 2004
•
Glenwood Caverns Adventure Park
•
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SPECIAL USE PERMIT
(Issued to a property owned by POW, Inc)
In accordance with and pursuant to the Garfield County Zoning Resolution of 1978, as
amended, and Resolution No. 2 5 6 of the Board of County
Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use
Permit, the following use:
"COMMERCIAL/ RECREATIONAL FACILITY /
PARK"
This Special Use Permit is issue to the property owned by POW, Inc. containing the
"Glenwood Caverns Adventure Park" located on Iron Mountain above the City of
Glenwood Springs in the A/I zone district and in Study Area I of the Comprehensive Plan
of 2000, and is legally described as Section 3: NW 1/4 SW % and of Section 4: Lot 10,
Township 6 South, Range 89 West of the Sixth Principal Meridian in the County of
Garfield, State of Colorado.
The Special Use Permit is issued subject to the conditions set forth in the above
mentioned resolution, and shall be valid only during compliance with such conditions and
other applicable provisions of the Garfield County Zoning
sol, Builg Comprehensive Plan, and other regulations of the Board of CountyoCommissionersdof
Garfield County, Colorado
BOARD OF COUNTY
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
• (111111311111111111111111111111111111111(11 Hill 1111 1111
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•
STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in
Glenwood Springs on Monday, the 21st day of May, 2004, there were present:
John Martin
Larry McCown , Commissioner Chairman
, Commissioner
Tresi Houpt , 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. 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 Conunissioners 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
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•
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 9th, 2004,
upon the question of whether the above-described SUP for a Commercial/ Recreational
Facility / Park should be granted or denied, during which hearing the public and
interested persons were given the opportunity to express their opinions regarding the
issuance of said SUP and the Planning Commission forwarded a recommendation of
approval with conditions to the Board of County Commissioners by a vote of 6 to 0; and
WHEREAS, the Board of County Commissioners opened a public hearing on
June 21, 2004, upon the question of whether the above-described SUP for a Commercial/
Recreational Facility / Park should be granted or denied, during which hearing the public
and interested persons were given the opportunity to express their opinions regarding the
issuance of said SUP; and
WHEREAS, the Board of County Commissioners closed the public hearing on the
21St day of June, 2004 to make a final decision; and
WHEREAS, the Board of County Commissioners on the basis of substantial
competent evidence produced at the aforementioned hearing, has made the following
determination of facts:
1. That proper publication, public notice, and posting was provided as required by law
for the hearings before the Board of County Commissioners and the Planning
Commission.
2. That the public hearings before Board of County Commissioners and Planning
Commission were extensive and complete; all pertinent facts, matters and issues were
submitted; and that all interested parties were heard at those hearings.
3. The proposed special use permit conforms to Sections 3.01.03 and 5.03 of the
Garfield County Zoning Resolution of 1978, as amended.
4. The proposed use is in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that based on determination of facts set
forth above, the SUP request for a "Commercial/ Recreational Facility / Park" is
approved with the following conditions:
1. That all representations made by the Applicant in the application and as testimony in
the public hearing before the Board of County Commissioners shall be conditions of
approval, unless specifically altered by the Board of County Commissioners.
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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 I6, 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;
•
•
•
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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.
8. The Applicant must continue to maintain an operator's license from the Colorado
Passenger Tramway Safety Board. The Applicant shall maintain a valid operator's
license from the Colorado Tramway Safety Board throughout the life of the project.
If the operator's license for the tramway is revoked by said Safety Board at any time,
the Special Use Permit shall also be revoked. At any time during the life of the
project the County may ask the applicant to produce proof of a Colorado Passenger
Tramway Safety Board license that is in good standing.
9. The Applicant shall submit "as -built drawings" for any new utilities that are installed
at the upper tram site to the City of Glenwood Springs Public Works Department.
10. The Applicant shall adhere to the phasing schedule as submitted in the application. In
the event it is anticipated that a particular phase cannot occur or may be delayed, the
Applicant shall be required shall be required to provide the Planning Department with
an adjusted phasing schedule. It shall be the AppIicant'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
•
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schedule, the Applicant or the Planning Staff shall have the ability to address the
matter in a public meeting before the Board of County Commissioners.
11. This Special Use Permit has approved a performance amphitheater with a capacity. for
100 (one hundred) seats. Any proposed expansion of the performance amphitheater
shall require the Applicant to submit a new Special Use Permit or whatever
appropriate land use application / process is in place at the time that the expansion is
proposed.
12. The Applicant shall design the exterior of the amphitheater in order to effectively
minimize visual impacts through the use of architectural features / details and natural
vegetative screening and blending paint colors. The Applicant shall present a
"screening plan" to Staff prior to the issuance of a Special Use Permit.
13. Prior to the erection of the supporting poles / structures for the proposed zip line and
giant swing, the Applicant shall provide the Planning Staff with the proposed design
that addresses the height, location, and color of the poles to adequately minimize
visual impact to view sheds from Glenwood Springs. While this is intended to be
handled administratively, in the event of an impasse between the Applicant and the
Planning Staff regarding the phasing schedule, the Applicant or the Planning Staff
shall have the ability to address the matter in a public meeting before the Board of
County Commissioners.
14. The Applicant shall adhere to the City of Glenwood Springs lighting requirements for
all uses requiring lighting. This shall also apply to proposed lighting for evening
performances on the amphitheater.
15. Based on the Applicant's representation that parking is adequate as a result of the
Walker Parking Analysis, peak visitor usage at the upper site shall be limited to no
more than 450 visitors at any one time.
16. Any modifications of this approval by the Board of County Commissioners (with the
exception of the terms listed in conditions 7, 10; and 13 shall require a new Special
Use Permit review.
Dated this 6th day of July , A.D. 2004.
1 till 111111141111111111111111111111111111111 11111111
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ATTEST:
GARFIELD
BOARD
COMMISSIONERS,
GARFIELD COUNTY,
COLO
COUNTY
OF
Upon motion duly made and seconded the foregoing Resolution was adopted by
the following vote:
John Martin
Larry McCown
Tresi Houpt
STATE OF COL OR e nn
)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