HomeMy WebLinkAbout1.0 ApplicationGLE WOOD CAVERNS'
HISTORIC FAIRY CAV E S
October 7, 2002
Mark Bean
Garfield Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RECEIVED
CCT 0 8 2002
GARFIELD COUNTY
BUILDING & PLANNING
Dear Mark:
Please accept the following request to modify the previously approved amended special
use permit for Glenwood Caverns, Inc. Enclosed is a copy of the resolution dated May
20, 2002 approving the amendment to the special use permit. The following is a list of the
conditions that we would like to modify:
1. Item 1H - The cabins may not be able to accommodate bikes. We are still working
with the manufacturer to design the possible bike racks.
2. Item 1M — The Tramway and Visitors Center will not be completed by December
31, 2002. Although, we are currently in construction we were delayed by the city
permit process and financing. The Tramway and Visitors Center will be complete
in 2003
Hopefully, you will find everything that you require in the package. If you have any
questions please don't hesitate to give me a call at 970 945 4228 ext. 13.
Respectfully,
Ste : eckle
President — Glenwood Caverns
508 Pine Street • Glenwood Springs, CO 81601 • Phone (970) 945-4CAV / (800) 530-1635 • Fax (970) 945-2051
www.glenwoodcaverns.com
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603812 05/22/2002 09:50A B1356 P68M
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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 Courthouse, in Glenwood
Springs on, Monday , the 2 0 th day of MAY A.D. 20 0 2 , there were present:
John Martin
Larry McCown
Walt Stowe
Don DeFord
Mildred Alsdorf
Ed Green
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2 0 0 2— 4 7
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT
APPLICATION FOR A COMMERCIAL/RECREATIONAL FACILITY FOR GLENWOOD
CAVERNS, INC. AND JMB PROPERTIES, INC.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received an application from Glenwood Caverns, Inc. and JMB Properties, Inc, for a special use
permit to allow for approval of Commercial/ Recreational Facility within the A/I zone district;
and
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, held a
public hearing on the 6th day of May, 2002, upon the question of whether the above described
Commercial/ Recreational Facility should be granted or denied, at which hearing the public and
interested persons were given the opportunity to express their opinions concerning the approval
of said special use permit; and
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, on the
basis of substantial competent evidence produced at the aforementioned hearing, has made the
following determination of fact as listed below:
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;
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2. That the hearing before the Board of County Commissioners was extensive and
complete, that sufficient pertinent facts, matters and issues were submitted and
that all interested parties were heard at that meeting;
3. That for the above stated and other reasons, the proposed special use permit is in
the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
4. That the application is in conformance with the Garfield County Zoning
Resolution of 1978, as amended;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that Special Use Permit is hereby approved subject to compliance with all of
the following specific conditions:
A. All items indicated in the staff report, recommended by the Board of County
Commissioners, and included by the Board of County Commissioners at the public
hearing as itemized below:
1. All representations of the applicant made in the application and during the public
hearing shall be considered conditions of approval, including but not limited to:
a) Hours of operation will be from 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 limited
to cave tours, covered picnic area, nature trails, gemstone sluice mining,
geode cutting, astronomy observatory area, and a fossil dig
h) Passenger gondolas will be able to accommodate bikes
i) The maximum build out capacity for the gondola is 36 gondola cars in
12 groups of 3
j) Each gondola car has a 6 passenger capacity
k) The applicant shall be responsible for snow removal on 50% of the
roadway width on Transfer Trail to provide for emergency access
1) The passenger gondolas will be designed to be ADA accessible.
m) The applicant must complete construction of the tram and visitor's
center by December 31, 2002
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2. A pre -annexation agreement between the City of Glenwood Springs and the
applicant is established before a Special Use Permit is issued.
3. The applicant must obtain an operators license from the Colorado Passenger
Tramway Safety Board and must have a valid operators license at all times
throughout the life of the project. If the operators license for the tramway is
revoked by said Safety Board at any time, the Special Use. Permit shall also be
revoked. At any time during the life of the project the County may ask the
applicant to produce proof of a Colorado Passenger Tramway Safety Board
license that is in good standing.
4. The applicant shall submit a weed vegetation management plan approved by the
Vegetation Management Director before a Special Use Permit is issued.
5. The applicant shall adhere to the following suggestions provided for by the
Division of Wildlife in the referral letter dated April 16, 2002:
a. There shall be no outside storage of any trash or garbage anywhere within
the property, with the exception of bear -proof trash containers
b. Refuse kept in non bear -proof containers should be kept within secure
structures that are not likely to be broken into by bears
c. There shall be no dumps or underground disposal of refuse on site
d. Except for bird feeders, the feeding, baiting, salting, or other means of
attracting wildlife to site is prohibited
e. Bird feeders should be strategically placed to avoid being an enticement
for bears
f. Tourists and other users to the site shall be made aware of the local
wildlife community by utilizing information provided by the Division of
Wildlife.
6. Loss of access easements to the cave property will result in the revocation of the
Special Use Permit.
7. The applicant shall submit a wildland fire mitigation plan approved by the
Glenwood Springs Rural Fire District before a Special Use Permit is issued.
8. Pursuant to Section 9.03.05 of the Subdivision Regulations, the applicant shall not
implement the restaurant up -grade until approval for the wastewater treatment of
the facility is approved through periodic review. Prior to conducting that use, the
applicant shall fulfill the public notice requirements set forth in Section 9.03.04 of
the Garfield County Zoning Regulations.
9. The ISDS design shall be submitted to and approved by the Department of Health
for review before a Special Use Permit is issued.
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603812 05/22/2002 09:S0A B1356 P685 M ALSDORF
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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 conies 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.
day of May
, A.D. 2002
"`"i''' Clerk of the Board
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
TY, COLORADO
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4
002
603812
Rg0.002D 0.00:GARFIELD6COUNTYMCOLSDORF
Upon motion duly made and seconded the foregoing Resolution was
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER WALTER STOWE
STATE OF COLORADO
)ss
County of Garfield
adopted by the
, 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. 20
County Clerk and ex -officio Clerk of the Board of County Commissioners
5
Glenwood Tramway LLC.
November 6, 2002
Mr. Mark Bean
Planning Department
Garfield County
109 8th Street
Glenwood Springs, CO 81601
RE: Glenwood Caverns Adventure Park
Amendment to Special Use Permit
RECEIVED
Nov > . IOU
GARFIELD COUNTY
`.WADING & PLANNING
Dear Mark:
Enclosed are 7 copies of the Second Amendment to the Glenwood Caverns Special Use Permit
issued September 1998. The amendment request relates to changes in the conditions in the
First Amendment approved May 2002.
Due to the minor changes in the Permit, we request that the application be reviewed only by
the Country Commissioners and that the application fee be waived.
Thank you for your consideration and please give me a call if you have any questions.
Sincerely,
GLENWOOD TRAMWAY, LLC
Steven Beckley
Manager
is\doc\permits\garco 2nd amend sub 110602.doc
302 8th Street, Suite 325 • P.O. Drawer 160 • Glenwood Springs, CO 81602 • (970) 945-2236 •
FAX (970) 945-2977
APPLICATION
Special Use Permit
GARFIELD COUNTY PLANNING DEPARTMENT
108 Eighth Street, Suite 201
Glenwood Springs, CO 81601
Telephone: 970-945-8212 Facsimile: 970-384-3470
Submittal Date: NI°v -7 20 D 2 Base Fee: $400.00
Applicant: G L.k/N wcDt3 j Cool £Qp.J --X1J C .
Address of Applicant: jU P:c) .1 L .S1 --
Telephone:
GLEt.Jwado Set. Co Si 661
Special Use Being Requested: Ccs 1,,,,,,,,N2 e c r 444 2 2 ez g 4't 4-L'FEZ
RECEIVED
NOV o7 2002
g�1) COUNTY
& PINNING
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Zone District:
Size of Property: —7re, . L 3 J -C 2 i S
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
augmentation 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. 1:24,000 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 list 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 acknowledgement from the property owner that you may
act in his/her behalf.
7.) You must submit an impact statement consistent with the requirements of Sections 5.03,
paragraphs 1 thru 3. (on industrial type use applications sections 5.03.07 and 5.03.08 will be
necessary to address).
The consideration of this proposed Special Use will require at least one (1) public hearing for which
public notice must be provided. The Planning Department will mail you information concerning this
hearing(s), approximately 45 days prior to the scheduled hearing. You will thenbe required to notify, by
certified return receipt mail, to all owners of record as shown in the Assessor's Office of lots within 200'
of the subject lot and to all owners of mineral interest in the subject property and publish the notice
provided by the Planning Department, in a newspaper of general circulation. Both these notices must be
mailed/published at least 30 but not more than 60 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 public hearing.
The information contained w'- . . • • ' . ' •n is complete and correct, to the best o my knowledge:
//)/7 02_
***Please submit 8 complete sets of application when submitting for reviev4.
Applicant: Date:
CONDITIONAL AND SPECIAL USES
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
eng eering standards and approved by the Board of CountyCornmissioners shall either be
in place or shall be constructed in conjunction with the proposed use; (A97-60)
• 0 Street improvements adequate to accommodate traffic volume generated by the
posed 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;
(3) Design of the proposed use is organized to minimize impact on and from adjacent uses
nd 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;
Additional specific requirements and prerequisites for certain uses are as follows: (A.
79-132)
01 (1) Mobile Home as Principal Use of the Lot: A mobile honmay be allowed as the
principal use of a lot as a special or conditional use, as provided�within the zone district
provisions of this Resolution, provided that each of the follow" ig conditions is satisfied in
the situation of a special use and that the first three (3) of the conditions are satisfied in the
situation of a conditional use:
(A) The mobile home has a minimum of seven hu ed twenty (720) square feet of floor
area;
(B)
mobile home is placed on a perment concrete or masonry footer;
(C) The mo. le home shall be skirted, ith no storage allowed underneath or outside the
structure. The : ilding Official may - quire tie -downs in locations subject to high winds;
(D) The lot on wh' h the mo.' e home is to be placed shall be posted with a Notice of
Intent, fifteen (15) days prior tthe public hearing;
(E) Written notice oft - p , lic hearing as required by Section 9.03.04 of this Resolution
shall be sent by the app ant to e land owners within two hundred (200) feet of the lot on
which the mobile ho • is to be I • ated at least fifteen (15) days prior to the public hearing
by certified return ceipt mail. ' e return receipts, showing receipt of notice by such
property owners, : all be given to th. Planning Director at least five (5) days prior to said
hearing, unless e applicant is able to o - rwise show evidence of receipt of adequate notice.
Notice by pu . ication required by said S - tion 9.03.04 shall be given in a newspaper of
general circ ation once, at least fifteen (15) = ays prior to hearing:
(2) . ufactured Home as the Principal Use
allow - as the principal use of a lot as a use by
con • ' ions is satisfied:
ri
the Lot: A manufactured home shall be
t, provided that each of the following
A) The manufactured home is at least twenty-four (2 ' feet in width and thirty-six (36)
in length;
74
GLENWOOD CAVERNS and HISTORIC FAIRY CAVES
508 PINE STREET
GLENWOOD SPRINGS, COLORADO 81601
(970) 945-4228 ext 13
AMENDMENT TO SPECIAL USE PERMIT
GARFIELD COUNTY BUILDING and PLANING DEPARTMENT
DATE: NOVEMBER 4, 2002
PROPERTY LOCATION: Section 3&4 Township 6 South Range 89 West
RECEIVED
GA EItL 6 ,) PIP(
'BUILDING & PLANNING
RECEIVED
NOV (i? 2UO2
GARFIELD) (AUNTY
BOLDING & PLANNING
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GLENWOOD CAVERNS and HISTORIC FAIRY CAVES
508 PINE STREET
GLENWOOD SPRINGS, COLORADO 81601
(970) 945-4228
November 4, 2002
Mr. Mark Bean
Garfield County Planning
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Amendment to Special Use Permit for Glenwood Caverns
Dear Mr. Bean:
RECEIVED
NOV 0 7 2002
GARFIELD COUNTY
BUILDING & PLANNING
Please accept the following package of information as a request for a second amendment
to the previously approved Special Use Permit dated September 1998. The first
amendment was requested and approved earlier this year. This Amendment would allow
the following modifications that were approved in the first amendment:
1. Item 1 m of first amendment: Tramway and upper building will not be completed
by December 31, 2002. We request that this item be eliminated from the
application;
2. Item lg of first amendment: We request that this condition be modified to include
the additional activities: gift shop and full service restaurant;
3. The sewer system as approved in the first amendment has been upgraded from an
onsite sewer disposal system to a system connected to the city of Glenwood
Springs municipal system. Due to the upgrade we request that item 9 of the first
amendment be eliminated since there is no ISDS required;
4. Due to the sewer upgrade we request that item 10 of the first application be
eliminated;
We have attached the following information for review by the Planning Staff, The
Planning Commission, and The Board of County Commissioners:
1. Appendix A — Previous Application;
2. Appendix B - Previous Resolution of Approval;
3. Appendix C — Previous Resolution of Approval for first amendment;
4. Appendix D — Copy of pre -annexation agreement with the city allowing for water
and sewer service;
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We have attached the following attachments for review by the Planning Staff, The
Planning Commission, and The Board of County Commissioners:
1. Attachment 1 - Lift alignment and Vicinity map
2. Attachment 2 — Visitor Center design
3. Attachment 3 — Water System
4. Attachment 4 — Sewer System
Description of the Business
The Glenwood Caverns are located on a 78.83 -acre parcel approximately 1/2 miles North
and 1300 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 a retail operation in the Hotel Colorado where visitors
are picked up by a medium sized shuttle bus and driven 3.2 miles to the cave site. Upon
completion of the tour, the visitors are shuttled back to the gift shop next to the Hotel
Colorado. The tour takes approximately two hours to complete including drive time.
Currently, the cave tours are open seasonally from May 1st through October. During the
summer the caves are open from 9:00 AM with the last tour leaving at 4:00 PM.
The proposed changes would include the following:
• Installing a Pulse Gondola from a three acre parcel in Two Rivers Plaza (see
attachment 1) to the cave,
• Constructing a building at the cave location that will include a gift shop, full
service restaurant, and public restrooms (see attachment 2),
• Building a parking lot capable of handling 118 vehicles plus buses,
• Constructing a small building at the base of the Gondola to be used to sell tickets
and load passengers.
Glenwood Caverns has purchased a three -acre parcel in the Two Rivers Plaza located
within the city limits of Glenwood Springs, Colorado. The property has a current City of
Glenwood Springs permit allowing for the gondola terminal base, a 118 -car parking lot,
and a 68 -room hotel. The gondola will be 4300 feet long with an elevation gain of 1300
feet. The gondola will start in the Two Rivers Plaza property and cross over State
Highway 6&24. Since the gondola is only crossing over the highway without any towers
installed on public land, the Colorado Department of Transportation is treating the
Gondola crossing as a utility. After crossing the highway the gondola will cross over
Pitkin Iron's property, which is located within the city limits. An easement across the
Pitkin Iron property was supplied in the first amendment. After crossing Pitkin Iron's
property the gondola will cross over Chimes Investment Club's property (a copy of the
easement lease was supplied with the first amendment). After crossing the two properties
the gondola enters Glenwood Caverns property where it continues to the cave. POW
Incorporated currently owns the property where the caves are located and Glenwood
Caverns has signed a long-term lease for the cave property with POW, Inc. A letter of
authorization to pursue the application was attached in the first amendment as Appendix
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E. The towers of the gondola will be installed by helicopter and will be high enough
above the trees to minimize the cutting of trees. The Gondola will provide the visitor with
a dramatic ride in comfortable enclosed cabins with incredible views of the Roaring Fork
Valley.
The proposed modifications on the cave property include the installation of the Gondola
top station for loading and unloading of visitors and a 9400 square foot visitor's center
that will be used for a gift shop, a full service restaurant, and public restroom facilities.
The restaurant facility is approximately 1800 square feet with a 2400 square foot deck
that can be used for weddings, holiday parties, and other events. Along with the Gondola,
additional activities will be built on the property including a covered picnic area, nature
trails, gemstone sluice mining, geode cutting, a fossil dig, an astronomy observatory, and
other educational activities. These additions will help keep visitors occupied while
waiting for their tour.
The properties subject to the leases are the only portions of the properties subject to the
Special Use Permit request. The applicant requested and was approved for a Zone
District Text amendment to include "Commercial/Recreational/Facility/Park" in the
Agricultural/Industrial (AA) 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.
Requested Amendment
Due to the existing condition of Transfer Trail, the applicant is limited to seasonal
operation to the site based on the use of van shuttles to the site. Available parking within
Glenwood Springs has created problems for the applicant, even under the existing
vanpool shuttle system. These limitations, coupled with the demand of visitors to the site
have led the applicant to study alternatives to vehicular access to the caves. The
applicant is requesting that the County allow for the installation of a tram system,
consistent with the definition of "Ski Lift" as a Special Use within the A/I zone district.
That the 100 -person limitation of people utilizing the site be eliminated. Finally, the
applicant is requesting that the property be used year-round, and that the hours of
operation be extended to 10:00 pm during weekdays, and midnight on Fridays and
Saturdays.
The Tramway would have the following engineering characteristics:
Tram Length 4300 Feet
Vertical Gain 1,300 Feet
Type of Car Enclosed 6 passenger cars
Number of Cars 8 Initial 36 maximum
Initial Capacity 250 people per hour
Maximum Capacity 540 people per hour
Main Drive 400 HP AC Electric Motor
Back Up Drive 350 HP Diesel Engine
Lift Speed 1000 Feet Per Minute
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Location
The alignment of the proposed tramway is shown on Attachment 1
Site Description
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 site where the existing tourist facilities
are located is relatively flat, with grades of 5 to 8 percent. The site for the proposed
tramway alignment exceeds thirty (30) percent, however the proposed tramway terminals
are located on nearly flat terrain, and the only disturbance to the areas of significant slope
will be footings for the proposed tramway towers.
Soils in the area of proposed development on the site include Torriorthents-
Camborthides-Rock Outcrop complex. This broadly defined unit consists of exposed
sandstone and shale bedrock, loose stones and soils that are shallow to deep over
sandstone and shale bedrock and stoney basaltic alluvium. This complex occurs
throughout the general area. The rock outcropping is mainly Mesa Verde sandstone and
Wasatch shale. Some areas are covered with basaltic boulders and stones. In addition,
the property includes Jerry loam and Torriorthents-Rock outcrop complex in the steeper
areas that are not proposed for disturbance. A SCS soil map with the approximate
property boundaries is attached As Exhibit 5 within the previous application.
Native vegetation on the undisturbed portions of the site includes wheat grasses,
bluegrasses, Indian rice grass, needle grasses, bitterbush, mountain mahogany, sagebrush
and an oversotry of pinion, and juniper.
Consistencies with the Garfield county Comprehensive Plan of 1995 for the proposed
amendments to the approved special use permit are discussed below.
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 access to 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 provide year-round access to
the caves as a publicly accessible attraction will continue to diversify the breadth of
tourism opportunities in the region.
4
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. The most significant issue associated with
the project at the time of the original approval was additional traffic on Transfer Trail,
which provides access to the site. The provision of van shuttles from a satellite location
reduced the trips associated with allowing direct passenger -vehicle traffic to the cave
entrance, but the year-round limitation could not be overcome with conventional van
trips. As a part of the original conditions of approval associated with the required BLM
access permit, the applicant agreed to address dust control, drainage control and as -
needed blading of the road to further mitigate potential impacts. Since the original
approval, the BLM has modified its previous limitation on seasonal operations.
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.
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 provision for a tramway will reduce the associated liability of
operating vans on the existing access, and also reduce the impacts of van trips on adjacent
properties and other users of the roadway. The tramway is considered an effective and
safe alternative to the existing vanpool system.
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. The scale of the project
has been kept to a minimum.
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, as demonstrated
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later in the application. The tramway is considered an effective and safe alternative to the
existing vanpool system.
Policies
Landscaping and screening will be required to address specific visual impacts of
industrial and commercial development.
RESPONSE: Due to the existing topography of the cave site, it is unlikely that the
structures or improvements will be visible from any adjacent properties. No landscaping
or screening is necessary.
The project review process will include the identification and mitigation of transportation
impacts related to commercial and industrial development.
RESPONSE: A full description of the likely transportation impacts of the project is
discussed within Appendix G in the first amendment.
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 structure on the property is a 9400 square foot visitor's center
that is three stories tall. The layout of the proposed visitors center is shown on
Attachment 2.
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.
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RESPONSE: Currently, non -potable water is stored in a 7000 -gallon storage tank. The
proposed modifications to the water system include a water line and pumping station
from the Two Rivers Plaza site located in Glenwood Springs to the cave along the towers
of the Tramway. The water will be provided by the City of Glenwood Springs water
system. Two additional 16,800 -gallon storage tanks will be installed at the cave site to
store the pumped water that will be utilized for the proposed upper facilities. The water
system is shown on attachment 3. A pre annexation agreement from the city of Glenwood
Springs allowing water to be supplied by the city water system has been included as
Appendix D.
The generated wastewater will from the facility will be treated with two 2500 -gallon
septic tanks and one 7000 -gallon storage tank where all solids will be eliminated. The
remaining gray water will be transported in a 1.5 -inch diameter line along the tram
towers to an energy dissipation tank located at the base station. Once the gray water
leaves the energy dissipation tank it will be pumped into the city sewer system. A pre
annexation agreement from the city of Glenwood Springs allowing sewer to be disposed
by the city water system has been included as Appendix D. The restaurant will have an
additional 1500 -gallon grease trap that will remove grease prior to entering the septic
tanks system. High Country Engineering has designed the wastewater system and the
design has been included as Attachment 4.
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. All specifications for the proposing parking lot
and tram system have been presented previously. 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.
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:
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Parcel Number Property Owner Mailing Address
2185-053-00-035 City of Glenwood Springs 101 W. 8`i' Street
Glenwood Springs
2185-033-00-035 Joseph and Celina Claudon 217 Rosebud
Glenwood Springs
2185-041-00-963 Bureau of Land Management PO Box 1009
Glenwood Springs
2185-044-00-005 Chimes Investment Club PO Box 1904
Glenwood Springs
2185-044-00-007 Lyle and Kathy Moss 1900Georgia Landing
Austin, TX
2185-044-006 Pitkin Iron Corporation 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.
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;
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RESPONSE: A pre -annexation agreement from the city of Glenwood Spring's allowing
water supply and sewer disposal by the city systems has been included as Appendix D.
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 G in the first amendment. The proposed tramway will
reduce trips associated with operation of the caves dramatically. It is expected that a
maximum of ten (10) daily trips will be necessary for operating and maintaining the
caves.
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: The tramway construction will require no roads. There will be no impact
on drainages or increase in erosion. All towers foundations will be hand dug and all
materials will be delivered by helicopter. The majority of the hillside is solid limestone
with very little topsoil. When soil conditions allow, the tower will be set on foundation
measuring about 6ft x 6ft x 6ft. If necessary, foundations will be directly anchored into
the rock. Since there will be no road construction, there will be no road cuts or fill that
will be visible. The towers will not be visually obtrusive. The only visible element may
be the haul cables, communication lines and infrastructure. Unless viewed from directly
under the tramway alignment, the tramway will not be a dominant visual item from
anywhere in Glenwood Springs. The natural landscaping will be minimally impacted
since trees will only be cut or trimmed at the tower locations or where required for
clearance. Once constructed, there will be minimal visual impact from any section of
town. 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 s Special Uses, They shall be permitted
only:
1. Based on compliance with all requirements listed herein, and;
RESPONSE: The applicant has responded to all requirements contained in the Code for
the proposed amendment to the previously approved Special Use Permit.
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2. Approval by the County Commissioners, which Board may impose additional
restrictions on the lot area, floor area, coverage, setback and height of proposed
uses or require additional off-street parking, screening fences and landscaping,
or any other restriction or provision it deems is necessary to protect the health
safety and welfare of the population and uses of the neighborhood or Zone district
in which such special use is proposed to be located.
RESPONSE: The applicant has mitigated all impacts, based on consultation with
adjacent landowners and the Bureau of Land Management.
Denial of Special Use: The County Commissioners may deny any request for special use
based on the lack of physical separation in terms of distance from similar uses on the
same or other lots, the impact on traffic volume and safety or on utilities or any impact of
the special use which it deems injurious to the established character of the neighborhood
or zone district in which such special use is proposed to be located.
RESPONSE: There is adequate physical separation in terms of distance from adjacent
uses, and the applicant has addressed the impacts of the proposed tramway and the
associated parking lot.
Application: All special use permit applications hall 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 two (2) regulatory authorities besides Garfield County that must
approve the application. The State of Colorado must approve all tramways (State of
Colorado Tramway Board), and this approval process will commence following approval
by the County and completion of final engineering. The applicant has retained Chuck
Peterson from Tramway Engineering to provide tramway design and final approval from
the State of Colorado. This approval is being undertaken concurrently with this
application. In addition, an application has been approved by the City of Glenwood
Springs allowing for the tramway and parking areas.
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.
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3. A letter to the County Commissioners from the applicant explaining in detail the
nature and character of the Special Use requested. (A. 79-132)
RESPONSE: The entire application, including text, graphics, exhibits and attachments
meet this requirement.
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ATTACHMENT A
PREVIOUS APPLICATION
GLENWOOD CAVERNS
SPECIAL USE PERMIT
AMENDMENT
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Faiiy 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
1
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
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APPLICATION
Special Use Permit
GARFIELD COUNTY PLANNING DEPARTMENT
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Telephone: 970.945.8212 Facsimile: 970.945.7785
Submittal Date: �.—�"�� MSEC � l g q 8
Applicant: i'as i t!.
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Base Fee: $400
Address of Applicant: go- 130r)L L4N 9 ( FAV-lCOD Spl .elephone: 3°3:11:141 .q aZS "152.•
Special Use Being Requested: CeMMC.i c L P -e. ,TtOt i aL FiscA 14:TTI -,i
Zone District: JOt/2 Size of Property: -76.83 b
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 augmentation 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. 1:24,0,00 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 list 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 aciclowiedgment 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 will require at least one (1) public hearing, for which public
notice must be provided. The Planning Department will mail you information concerning this hearing(s).
approximately 30 dans prior to the scheduled hearing. You will then be required to notify, by certified return
receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in 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 informayiera contained within this application is complete and correct, to the best of my knowledge:
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Applicant:
Date: C4 • C4-1• q8
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Garfield County, Colorado
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APPLICANT: ZIA B Mr--rt�S
, 19 98
ADDRESS OF APPLICANT: P.O. BC*. 14Lgl excic-Evi it), co S0155
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Proposed Zone DistrictAAmendinent fix: 1W M;DC- ‘s COM MC-grtoioL.
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Lot Size: 1%V:rr APP146415(4
Applicant's Signature
In support of this zone district amendment application, the petitioner must submit all of the
following information:
1. Zone District map of subject property
?. Letter from the applicant stating the proposed zone district amendment and the reasons
justifying the zone district amendment
3. List or 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 $450.00 - payable to the "Garfield County Treasurer"
5. Vicinity map showing relative location of the property
6. Legal description or copy of the deed to the property
• 7. Letter of consent from owner(s) of property if other than applicant
•
Glenwood Springs Fairy Caves
Garfield County, Colorado
Zone District Text Amendment
Sic
Special Use Permit Application
I. Location and Background
The Fairy Caves are located on a 78.83 parcel
approximately .5 miles from the City of Glenwood
Springs. A Vicinity Map is shown as Exhibit 1, and an
Assessor's Map is shown as Exhibit 2. The property is
currently owned by POW Incorporated and a deed is
attached as Attachment A.
Permission to pursue the application is attached as
Attachment B. A 35 acre parcel is currently leased by
JMB property for a period of fifteen (15) years, and all
n 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.
x'_
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
1000
_1.000
2000
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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
interval40ft.) Photo revised 1987.
Fairy Caves Application
Exhibit 1
Vicinity Map
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VISTA HEIGH1S
SEC. 34 SUB1DIV.1
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SEC. 3S
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Subject Property
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2185-042
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Tax Exampt
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Fairy Caves Application
Exhibit 2
Assessor Map
1 inch = 1,760'
(1:21,120)
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Source: Parcel Map from Garfield County
Assessor's Office Map 2185.
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1760 3520 5280
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structure on the site would be
converted to a small gift shop. Site
improvements necessary to ensure the
- safe operation and provide emergency
',': ,� , ` ; access would include a twelve (12) foot
' /,',.. ,y wide roadway to be extended to a
•:;zx`�`' `4. future cave portal and visitor center.
- The precise timing of the construction
r a c_ �- _ of the visitor center is highly dependent
"' ' �'� on the success of the tours, but is not
. ..r v '. * % c expected to occur before the period of
"..' .*-,r . " - ,r. ~ 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 & 24. The lower
reaches of Transfer Trail is a deeded public roadway. A portion of Transfer Trail
traverses BLM property, and the applicant has met with BLM officials several times to
ensure compliance with applicable policies. The BLM requested that the applicant
have an engineer review the roadway and make recommendations regarding
improvements to the roadway. A full discussion of likely traffic impacts and proposed
mitigation is included within the Special Use Permit request. A copy of the easement
granted for the portion of the roadway providing access from Transfer Trail is included
within the application as Attachment A.
Glenwood Springs Fairy Caves
Garfield County, Colorado
Text Amendment and Special Use Permit
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III. History
The historical "Fairy Caves" are located on approximately
40 acres 1/2 miles north of the City of Glenwood Springs.
These caverns are considered some of the most intriguing
caves of there kind in the State of Colorado.
The Darrow family originally homesteaded the property in
the late 1800s. In 1886, C.W. Darrow opened the Fairy
Caves for public tours. In 1895 the cave tour was further
refined to include pathways and electric lighting. In 1897
a tunnel was blasted to the cliff face providing a
breathtaking view of the City of Glenwood Springs and the
Colorado River valley nearly 1,200 feet below. Access to
the cave was via Transfer Trail by horse or carriage.
The cave remained open to public tours until 1917 when
the cave was closed due to World War I. In 1960 a small opening, later called "Jam
Crack", was found in the back part of the known cave. This subsequent discovery lead
to the exploration of the lower sections of the cave system, which quadrupled the
length of the cave.
In 1961, POW, Inc. purchased the cave and 78.83 acres in hopes of reopening the
property as a commercial tourism opportunity. During the last thirty-eight years
several additional rooms and passageways were discovered which brought the total
surveyed length of the cave to nearly two (2) miles. The cave and property have
remained idle since POW, Inc. purchased the property, with very few people obtaining
access to the cave system. In April of 1998, JMB Properties Inc. obtained a 15 -year
lease for the property. A brochure prepared by the applicant to inform the public of the
history of the caves is included as Attachment C.
Nature of the Fairy Caves
The elevation of the caves are approximately 7,100 feet and include nearly two (2)
miles of surveyed passageways with new regions being discovered continually. The
caves retain a temperature of 52 degrees year around. The Fairy Caves are some of the
most decorated caves in the State of Colorado, with a variety of formations including
large stalactites, massive stalagmites, the largest cave bacon formation in the State, rare
gypsum flowers and needles and the exceptionally uncommon aragonite crystals.
The cave system contains two of the largest rooms in the State of Colorado. The "Barn"
has a ceiling height that exceeds a five story building. "Kings Row" is literally a
paradise with many unusual and very beautiful active formations lining its entire
length.
Glenwood Springs Fairy Caves
Garfield County, Colorado
Text Amendment and Special Use Permit
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IV. Site Description
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.
Soils in the area of proposed development on the site include Torriorthents -
Camborthides-Rock Outcrop complex.' This broadly defined unit consists of exposed
sandstone and shale bedrock, loose stones and soils that are shallow to deep over
sandstone and shale bedrock and stoney basaltic alluvium. This complex occurs
throughout the general area The rock outcropping is mainly Mesa Verde sandstone
and Wasatch shale. Some areas are covered with basaltic boulders and stones. In
addition, the property includes Jerry loam and Torriorthents - Rock outcrop complex in
the steeper areas that are not proposed for disturbance. A SCS soil map with the
approximate property boundaries is attached As Exhibit 5.
Native vegetation on the undisturbed portions of the site include wheatgrasses,
bluegrasses, Indian ricegrass, needlegrasses, bitterbush, mountain mahogany,
sagebrush and an overstory of pinyon and juniper.
V. Approvals Requested
The property is currently zoned Agricultural/Industrial (A/I), and a Comprehensive
Plan Study Area I designation of Medium Density Residential (6 -9 acres per dwelling
unit). The allowed uses within the A/I zone district are attached as Attachment F. The
proposed use on the property most closely fits the "commercial recreational
/facility/park" which is allowed as a special use in the A/R/RD zone district, but is not
allowed in the A/I zone district. Based on consultations with Planning Staff, the
applicant has chosen to pursue a text amendment which would include commercial
recreational facility/park within the A/I zone district as a Special Use. Following
approval of the text amendment, the applicant is requesting a Special Use Permit for the
proposed use.
' Soil 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
Garfield County, Colorado
Text Amendment and Special Use Permit
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(1:24000)
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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.
Text Amendment
Section 10.01.01 of the Garfield County
Zoning Resolution of 1978, as amended
represents the text amendment in the
following fashion:
Amendment to the text of this resolution
ora Planned Unit Development
Resolution and not affecting the shape,
bounamendment shall be referred to hereinafter as a Text dAmendment. aries or area(A B2 district,
3) ct, such
Section 10.02.01 addresses the initiation of a text amendment with the following
language:
Text Amendment.* Any owner of real propertyaffected by such a change, the County.
Commissioners or the Planning Commission.
RESPONSE: A letter authorizing the applicant to pursue the proposal is included within
the application as Attachment B.
Section 10.03 and Section 10.03.01 establishes the following submittal requirements
for a text amendment:
Each land ownerapplication for amendment shallbe in the form ofa written request to
the County Commissioners identifying the applicantand clearlystating the nature of
the proposed amendmentand 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
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Fairy Caves Application
Exhibit 6
Existing Zoning
0 1760
=1,760'
Source: Parcel Map from Gatileld County
Assessor's Office Map 2185.
(1:21,120)
0 1760
3520
5280
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riCREEK
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ENV
Open Space
Agricultural Industrial
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Agricultural/Residential/
Rural Density
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4.1 Commercial and Industrial
Uses
Goals
Carfeld County will encourage the
retention and expansion of convenient,
viable and compatible commercial
development capable ofproviding a wide
variety ofgoods and services to serve the
citizens of the County.
RESPONSE: The applicant is re -opening a historic tourist attraction that is clearly
consistent with the tourist -related economy crucial to the success of the City of
Glenwood Springs and Garfield County. The opportunity to re-establish the caves as a
publicly accessible attraction will continue to diversity the breadth of tourism
opportunities in the region.
Objectives
To ensure that commercial 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
ri ROCK
C CREEK
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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 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. The scale of the
project has been kept to a minimum.
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 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 specific visual impacts of
industrial and commercial development.
RESPONSE: Due to the existing topography of the site, it is unlikely that the structures
or improvements will be visible from any adjacent property or the Valley floor. No
landscaping or screening is necessary.
The project review process will include the identification and mitigation 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 fts own Initiative, the County
commissioners may, by resolution, add to the uses listed fora Zoning District any other
similar use which conforms to the conditions set forth in the following special fndfngs•
(1) Such use is appropriate the physiographic andgeneral environmental character of
the District to which it is added,
Glenwood Springs Fairy Caves
Garfield County, Colorado
Text Amendment and Special Use Permit
rROCK
I -CREEK
G15TUDI0«,
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RESPONSE: The proposal is somewhat unique in that the
location of the caves is defined by an unusual
combination of precisely the right geologic and
hydrologic conditions for the formation of the caves.
(2) Such use does not create anymore hazard to or
alteration of the natural environment than the
minimum amount normally resulting from the other
uses permitted in the District to which itis added;
RESPONSE: The existing uses within the A/I zone district
are some of the most intensive uses allowed within the
County. For example, Conditional Uses include a aircraft
landing strip, salvage yard and sanitary landfill. The
applicant's proposal will result in impacts far more
benign than those typically associated with these uses,
and will require a heightened level of review that is
contained within the Special Use Permit process.
(3) Such use does not create anymore offensive noise, vibration, dust, heat, smoke,
odor, glare or other objectionable influences or more traffic hazards than the
minimum amount normally 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 and permitted in the district to which it
is added.
RESPONSE: As demonstrated in the application, the proposal has been scaled to ensure
that the use is compatible with the uses allowed in the A/I zone district. This has been
addressed through mitigation, as well as the proposal to include the use as a Special Use
and require a level of review far more stringent than either Uses by Right or
Conditional Uses.
Special Use Permit Request
Assuming the Planning and Zoning Commission and the Board of County
Commissioner's approve the proposed text amendment, the applicant is requesting a
Special Use Permit for the Fairy Caves. Compliance with submittal requirements and
standards of review are summarized below. Italicized text is taken directly from the
applicable portions of the Zoning Resolution, followed by a response to each
requirement.
Glenwood Springs Fairy Caves
Garfield County, Colorado
Text Amendment and Special Use Permit
Pi ROCK
riCREEK
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RESPONSE: The applicant is proposing to conduct
i.
�Y •, `" ;51 44 seasonal tours originating from an office in the Hotel
Colorado to the site of the historic caves. Tours would
;` - „\- -,_ _ �. operate from April to October, weather permitting.
�'P•;.:;-.....< _ ; Visitors would be shuttled to the site via 25 -passenger
,'' vans to minimize the impact on adjacent neighbors and
Submittal Requirements
1) Flans 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.
the existing roadway. Total van trips per clay under the
requested Special Use Permit would be 24 round trips
per day, or 48 total trips along the road alignment to the site. In addition to the trips
associated with tours, it is expected that approximately 12 trips (6 round trips) would
be associated with the maintenance and management of the endeavor.
Specifically, the applicant agreed to blade the road as necessary, clear vegetation
around corners to ensure adequate sight distance, apply magnesium chloride as needed
to control dust and to place signage at the bottom of Transfer Trail to alert users of the
road of the presence of vans. The engineer's analysis is included as Attachment C, and
the entire application is being forwarded directly to BLM for comments to the County.
Proposed structures, as shown on the Conceptual Site Plan (Exhibit 3) include the
conversion of an existing storage structure into a small gift shop, the installation and
maintenance of two (2) portable toilets, the construction of a shade structure and a
small food cart. In the future, the applicant intends on constructing a permanent
visitor's center near a future cave portal (see plan). A series of trails and stairs will be
installed to take advantage of the remarkable vistas that open up at key points on the
property.
2) If you will be using water or will be treating 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 augmentation plan.
RESPONSE: During the initial operation of the site, no on-site water services will be
used. A cistern would be buried on the site, and portable toilets will be used. In the
future, a well permit would be obtained and drilled to provide domestic water for the
operation.
Glenwood Springs Fairy Caves
Garfield County, Colorado
Text Amendment and Special Use Permit
rIROCK
C CREEK
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A map drawn to scale portraying- your
property, all the structures 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, submit a driveway or highway
access permit.
RESPONSE: A conceptual site plan of the
portion of the property proposed for
development is shown as Exhibit 3. The
only existing structure is a small concrete
storage building which will be converted to a small gift shop, as shown on the Site Plan.
The only additional structures proposed for the site include a shaded canopy, a small
gift shop and food cart, and a 3,000 to 5,000 square foot visitor's center which would
be constructed in the future. The relationship between the existing roadways and the
site are shown on Exhibit 1.
10
4) A vicinity map, showing slope of your property, for which a U.S. G.S 1.24, 000 scale
quadrangle map will suffice.
RESPONSE: A Vicinity Map based on the USGS 7.5 minute Quadrangle Series with 40
foot contours is included within the application as Exhibit 7.
5) A copy of the appropriate portion ofa Garfield County Assessors 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
the application as Exhibit 2. The adjacent land owners are as follows:
Parcel Number
2185-053-00-035
2185-033-00-035
2185-041-00-963
2185-044-00-005
2185-044000-007
Property Owner
City of Glenwood Springs
Joseph and Celina Claudon
Bureau of Land Management
Chimes Investment Club
Lyle and Kathy Moss
Mailing Address
806 Cooper Avenue
Glenwood Springs
PO Box 1904
El Jebel
PO Box 1009
Glenwood Springs
PO Box 1904
Glenwood Springs
1900 Georgia
Landing
Austin, TX
Glenwood Springs Fairy Caves
Garfield County, Colorado
E , Text Amendment and Special Use Permit
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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
interval 40ft 1 Phntn revised 19R7
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 his/her
behalf,
RESPONSE: A copy of the deed and legal description of
the property is included within the application as
Attachment A. Authorization from the Property Owner is
included as Attachment B. Authorization from the
applicant to be represented by Rock Creek Studio is
included as Attachment F.
7) For all applications pertaining to airports, the oil and
gas industry, powergeneration and/or transmission
industry, or any other classified industrial operation,
you must submit an impact statement consistent with
the requirements of Sections 503, paragraphs 1
through 3; 503.07, inclusive; and 5.03.08, inclusive.
RESPONSE: No industrial uses are proposed in association with the requested text
amendment or Special Use Permit.
Special Use Permit Review Criteria
As listed under the Zone District Regulations, conditional and special uses shall
conform to all requirements listed thereunder and elsewhere in this Resolution plus the
following requirements:
(1) Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Board of County Commissioners shall
either be in place or shall be constructed in conjunction with the proposed use;
(A. 97-60)
RESPONSE: The applicant currently does not envision the installation of a well until the
construction of the visitor's center. Until that point, the applicant is proposing the use
of a cistern to provide domestic water to the site. In addition, portable toilets will be
used until a ISDS is installed when the visitor center is constructed. Electricity is
available on-site.
(2) Street improvements adequate to accommodate traffic 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
Text Amendment and Special Use Permit
PIKOCK
riCREEK
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that provides direct access to the cave portals. The
report is attached, including traffic counts, in the
application as Attachment D.
Traffic Levels. The engineering report has estimated
that total trips associated with the proposed use will
reach forty (40) round trips, or eighty (80) total vehicle
trips per day along the total length of the access to the
Fairy Caves. This is roughly the traffic generated by
eight (8) single-family homes, based on commonly
applied ITE Traffic Generation assumptions. Table 1
summarizes the expected traffic generation with
existing traffic counts taken in July of 1998. The
roadway capacity is based on the Garfield County Road
Standards with the Subdivision Regulations for the
existing geometry and surface conditions of the road.
As shown on the table, the expected roadway volumes
with the project's 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.
TABLE 1
EXISTING AND PROPOSED TRAFFIC VOLUMES
Traffic Criteria Friday Saturday Sunday Monday Tuesday Wednesday
071798 0718.98 0719.98 0720.98 0721.98 0722.98
Total Daily Vehicles 77 108 40 47 40 22
AMPeak 5 12 4 6 7 3
PM Peak 13 15 15 8 7 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% 6056 63.5% 6095 51.0%
Proposed Mitigation.
The engineer has made the following recommendations, which the applicant has
agreed to as reasonable mitigation.
1. A culvert will be installed at the intersection with Traver Trail. This will allow the
water in the burrow ditch on the eastern side of the road to make it to the natural
drainage on the west side without crossing the surface.
2. All debris will be removed from the road side drainages. This will reduce the
possibility of storm water runoff exiting the ditch and crossing the surface of the
road.
Glenwood Springs Fairy Caves
Garfield County, Colorado
-;-.4,A Text Amendment and Special Use Permit
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3. Existing culverts will be cleaned.
Culverts that are even partially filled
with sediment and debris are unable to
function properly during intense
precipitation events.
4. All brush will be removed or cut back
in select areas to improve site
distances. Most of the removed
vegetation will be scrub oak.
y 5. Soft spots along the roadway will be
repaired by using a subdrain system or
by replacing sections of the roadway with imported clean pit -run.
6. Dust will be controlled with magnesium chloride as necessary.
7. A sign shall be installed near the intersection of Traver Trail and Transfer Trail to
alert other users of the road to van traffic.
(3) Design of proposed use is organized to minimize Impact 017 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 andslgns 117 such a manner as to protect established neighborhood
character.
RESPONSE: The proposed improvements will not be visible from adjacent uses, due to
the existing vegetation and topography of the site.
Approval of Conditional and Special Uses.. Uses listed as Conditional under the
appropriate Zone District Regulation shall 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
both requests (Text Amendment and Special Use Permit).
(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 otherrestriction or provision it deem is necessary to protect the health safety
and welfare of the population and uses of the neighborhood or Zone district as a
condition of granting the special use.
RESPONSE: The applicant has mitigated all impacts, based on consultation with
adjacent land owners and the Bureau of Land Management.
Glenwood Springs Fairy Caves
Garfield County, Colorado
Text Amendment and Special Use Permit
',KOCK
N CREEK
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Denial of Special Use: The County Commissioners may
deny any request for special use based on the lack of
physical separation in terms of distance from similar
uses on the same or other lots, the impact on traffic
volume and safety or on utilities or any impact
of the special use which it deems in, furious to the
established character of the neighborhood or zone
district in which such special use isproposed 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
fled 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
fora 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 explainingin 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.
Glenwood Springs Fairy Caves
Garfield County, Colorado
Text Amendment and Special Use Permit
FROCK
CI CREEK
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DEED AND ACCESS EASEMENT
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THIS DEED, made this 5rd day of November, 1961 between
HELEN DULIN LOVETT, GRETCHEN CROSS, and CLIFFORD H. DARROW of Garfield
County, Colorado, NICHOLAS J. DARROW of Orange County, California, ARTHUR
C. DARROW of Salt Lake County, Utah, iGVES BE/A.RICE D:UUtud :nil euu4; d
DARROW of King County, Washington, JANE TYLER of ctcsom County,-M'tssburi,
ALICE G. KOPP and WILLLAM F. DARROW of Cook County, Illinois, HORtCE F.
DARROW of Santa Cruz County, California and HERMAN L. DARROW of Ventura
County, California of the first part, and PETER.P. PREBBLE and ROBERT
O'CONNEL of Denver, Colorado and ROBERT WILBUR of Boulder, Colorado of the
second part,
WITNESSETH, That the said parties of the first part, for and in
consideration of the sum of Ten and no/100 ($10) Dollars and other valuable
considerations to the said parties of the first part in hand paid by the
said parties of the second part, the receipt whereof is hereby confessed
and acknowledged, have remised, released, sold, conveyed and quit claimed.
and by these presents'do remise. release, sell, convey and quit claim unto
the Said parties of the second part, their heirs, successors and assigns,
forever. all the right, title, interest, claim and demand which the said
parties of the first part have in and to the following described land
situate and being in the County of Garfield and State of Colorado,, to -wit:
The NASA of Section 3, and Lot 10 of Section 4, in
Tp. 6 S., R. 89 W. 6th P.M. Also, all of grantors'
right, title, and interest, if any, in all rights-of-
way and all other rights and privileges, if any, over,
along, across, -and upon Lot 6 of Section 4, Tp. 6 S.,
8. 89 W. 6th P.M„ as reserved by that certain deed
recorded in Book 20 at Page 405 of the records in the
office of the Clerk and Recorder of Garfield County,
Colorado,
The grantees shall assume and agree to pay all general taxes
subsequent to those of the year 1960, payable in the year 1961.
Provided also thatthe grantors make no representation.nor warranty
of acreage nor of any title in them whatsoever, and the grantors do not
undertake to warrant the location or existence of any cave or caverns upon
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IltccorJed at..$i36.._ Aeclagi A 111., APr._2...7.!964.
. - -.- Reception No.2225315 Chas. S, Keegan
Book 357
Page 449
:_,Recorder.
Tiiis DEED, Nadu this 24th day of March
in the year of our Lord one thousand nine hundred and slXty-f our
between 1'ETEll 1'. i'RIT311LE and ROBERT O'CONNI:L of
hbEE 4t41.401, ountlaity of J oof' Denver, and er ivx
of 0.1010110, of the first putt, mud and State
PCW, INC.
a corporation organized
evhdlog under nail C
by virtue of 1110 laws of the Slate of
of the Eeru$1 purl: O!oradand
Colorado .,
DECORUM'S STAMP
1V1'1'NIiS81iVii. Thai 1h.• said part /ear the first purl, fur and in canside01ion of the sum of
0kDOLLAR and other I:ood and -valuable considerations
Intl,• saLl pont ies of Ih„ first pelt In haul Paid by the Enid
I:••r,•by e,•ub•sreJ awl w•huuwlr,hr'•.1 Im VC a:raiurd, cold andc conveyed, nal I.y ioevonil port,4 the
Pr . ents durraC L.1
I: .-:nil, L:n'iatin, :,.•11, convey gsnnlyd, 1.
Y mull cuufit•m, undo the said ;only of the nreond part, its s,:,,,,.soon and assigns forever,
nth of the fulimwin:r de:writ:.1 lot ur 3'n eel of haul, situate, lying and being in the
('.Andy of Garr ieId
0011 suit,: of Culuuuln, (n_u•il:
The N4.3W,i of Section 3, and Lot 10 of Section 4, in
143. 6 .., R. 139 W. Gth Y.M. Also, all of Ltrantorst
richt, title, and interest, if any, in all rights-of-
way and nil other richts and privileges, if. any, over,.
aloe/;, , across, and upon on A.ot',G of Section 4, TO. 6 3;,
1t. d9 7/. £th 1'
at certain
recorded in Book.
3o k.20uatrl'ageV405ed boftthe records indeed
ethe
office of.the Clerk andRecorder of•Darflnld County,
Colorado
Ttltilil'1111:'with all. and sinl:ular the 1.. rrdil um•nt.• rod nylon 1,•tu.11, s 11441ntn 4,,I•44'4,.14lr w• in 0nyui.,
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• IN 111'1:4E1*i 11'111iRliUl•'. TIM• x111! pilrtje.. ..r the first . pail ..
:m.l x110( 3 Au 'layand year first above written.
"..M. d, : ;el.J and 11,•14.mvd is, Ow 3'rst1cu or
KATE 0!•' I:OLO/t.DO,
City 'and County Of Denver Ma.
The The Inr:gning ivatrlam•nt woo nehnnwledgad before 111,, this' ' �i •� , 1 .
1:.c4 rl'y Pete!' 1'. 1' �l 1 day u:i-7-
rebble, Robert Lri:onnF:l and Robert. ;1`111111
141 t'i\1:$s•Iay 111114111111 ulf;ciul seal.
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2.9
uny of said lands, and the grantors do not warrant nor guarantee any ease-
ments or access rights to or from the lands described above. it being intended
that this deed is by way of quit claim only.
Provided further that this deed is delivered upon the condition
that the grantees and their heirs and asaigns 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 same to remain where located and allow the necessary
operation, repair and maintenance thereof without any charge or interference,
by the grantees, their heirs and assigns.
TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances and privileges thereunto belonging or in anywise 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 WHEREOF, The said parties of the 'first part have here-
unto set their hands and seals the day and year first above written.
e . `,,9r .fuze r(SEAL)
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QUIT -MAUL DEDD._1Q40.-rw r..
1 Node this If.
/// day of /Y dye, /� in the year of our lord ons
Ur urrsarul mkt hunlred audsi¢46�-/�l't ,' �1 % p-1,-[.•�_, �yrTTI"EItx !��✓u�! / [. tRSJ 4.44--0-S.(/
of the County of._ 1 4:GG(/
�/ M1 Sluts f Colorado, of the float part, else!
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of the County of ..::.!(:2/LL.((f /' and State of Colorado, of the second part,
V1D 'IIS,YBT1l, that/he said part t o E1 first d / % %1 part, for and in consideration of the suns of
,,,,, / .601 re', CCU // e -a
"of the second part, the receipt whereof is hereby confessed and acknowledged,
by these presence demise, release, sell, convey and QUIT-CLdLAI unto the
Areuel•, all tile richt, title, interest, claim, and demand Which the said
f y,��,l/ , �/ situate, lying mut being in the County of
rQ//I,� i;l /1�j1,� 4. f l LL24 / '.i�0_(:f�/o-r �1 :-(�/
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to the said pari!/ o/' the first part in hand paid j the said part
1u, kV remised, pleased, sold, conveyed Lad OU1-CL9IAIED, apt
salol /ua•t(1 of •lie second part '%(.c.4_ r heirs ant assiw,
purl`/ intik firs pari / 1(A/in arsed to the following described.”.
oY :..' L.:' _f.,, 1(._and Slate of Colorado, to wit :
• , / r;'? / /
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Attachment B
PERMISSION OF
PROPERTY OWNER
r1ROCK
NCREEK
r15TUDIOLL.
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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 1/2 of NW/4 SW/4 Section 3 Township 6 South Range 89 West
South 1/2 of Lot 10 Section 4 Township 6 South Range 89 West
Thank you for your cooperation.
Si(pe�r 1,
r://,. / eter Prebble
President
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LEASE
ri ROCK
NCREEK
r1STUDIO,
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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 Washington Lode in the event it becomes subject to this Lease in accordance
C
A memorandum of this Lease may be recorded by Lessee in the real estate records
of Garfield County, Colorado.
2. Term and Rent. This Lease shall commence on April 22, 1998, and terminate on
October 22, 2014, subject to the terms and provisions contained herein.
A. The period from April 22, 1998, until October 22, 1998, may be referred to
as the "Due Diligence Phase." No rent shall be due Lessor during the Due Diligence Phase. During
the Due Diligence Phase, Lessee shall have complete access to the surface of the Property for survey
and evaluation of the Property and the Cave and Lessee may make two unguided trips into the
interior of the Cave for surveying, mapping, and photography. In addition, Lessee may, at its cost
and expense, drill sufficient holes into the various levels of the Cave to allow mapping and
surveying of the interior dimensions and depth and light to the interior of the Cave. During the Due
Diligence Phase, Lessee shall evaluate the suitability of the Property for Lessee's purposes as well
as the status of title and access to the Property. If for any reason Lessee determines, in its sole and
absolute discretion, that the Property is not suitable for Lessee's purposes or that title or access to
the Property is not acceptable to lessee for any reason, Lessee may terminate this Lease and all
obligations of Lessee hereunder. If Lessee desires to commence construction of Improvements on
the Property prior to October 23, 1998, the Lessee may cause the Development Phase to commence
on the first day of any month by written notice to Lessor and payment of rent as set forth in "B"
below. Early commencement of the Development Phase shall not result in early termination of the
Development Phase, which shall continue until October 22, 1999.
B. The period from October 23, 1998, until October 22, 1999, may be referred
to as the "Development Phase." Rent in the amount of $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 Properly 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
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notice, Lessee shall have the right, upon 60 days written notice to Lessor prior to the end of the
applicable Term, to extend the Lease for additional subsequent 10 -year terms.
E. Commencing on January 1, 2003, and on each January 1 thereafter that this
Lease is in effect, the Monthly Rent (but not the Gross Sales Percentage or Sublease Percentages)
shall be increased by the following formula based on the U.S. Consumer Price Index ("CPI") for
Urban Consumers, subgroup "All Items," Denver, Colorado Metropolitan Area published by the
U.S. Department of Labor (the "Index") published nearest to the date of this Lease, or any previous
increase as the case may be (the "Beginning Index") and published nearest to the date of the subject
increase (the "Adjustment Index"). The Monthly Rent for the following calendar year shall be
calculated by multiplying the existing rent by a fraction, the numerator of which is the Adjustment
Index and the denominator of which is the Beginning Index. In no event shall the Monthly Rent
increase by more than ten percent (10%) per year.
F. All rent payments during the Term of the Lease or any extension or holdover
thereof shall be paid to Lessor on the first day of each month, which sums shall be payable at the
address of Lessor at 5155 Raleigh Street, Denver, Colorado 80212-2609 or at such other address as
designated by Lessor in writing at least 30 days in advance. In the event any rent shall be due for
any partial month, the rent amount shall be prorated based on the number of days of occupancy by
Lessee.
G. The Lessor shall wan -ant and defend the Lessee in the enjoyment and peaceful
possession of the Property during the term aforesaid. The Lessee agrees to deliver up and surrender
to the Lessor possession of said Property at the expiration or termination of this Lease.
3. Termination and Liquidated Damages. Lessee may terminate this Lease on not Icss
than 60 days written notice to Lessor, at any time after the third year of the Operations Phase, and
the Term of this Lease shall terminate on such 60th day, and Lessee shall quit and surrender the
Property to Lessor, but Lessee shall remain liable to Lessor for all unpaid rentals, taxes, rentals and
common area charges and assessments which are due and accrued and payable only up to the
termination date, which shall be payable on the day of termination, together with liquidated damages
in the amount of $10,000. The accrued rent and liquidated damages shall fully satisfy all amounts
due under this Lease if so terminated under this Section. If this Lease is so terminated by Lessee,
Lessor may at any time after the termination date resume possession of the Property by any lawful
means and remove Lessee or other occupants and their effects.
4. Holding Over After Expiration. It is mutually agreed that if, after the expiration of
this Lease, the Lessee shall remain in possession of said Property with the consent of the Lessor,
then such holding over shall be deemed to be a holding upon a tenancy from month to month at a
monthly rental equivalent to the monthly payments provided herein, payable in advance on the same
day of each month as above provided; all other terms and conditions of this Lease remaining the
same. In such event, Lessor shall provide to Lessee 60 days prior written notice of any increase in
the rent, and both Lessee and Lessor shall provide the other party with 60 days written notice prior
to terminating the Lease.
5. Warranties of Lessor. Lessor represents and warrants to Lessee that Lessor has good
and marketable title to the Property in fee simple absolute, subject only to the lien of general taxes
for the current year, payable the following year, and those additional matters, if any, set forth in
Exhibit C attached hereto.
Lessor hereby warrants and agrees that Lessor's ownership and use of the Property
(and to the best of its knowledge, all prior ownership and uses) have been, and will continue to be,
in compliance with all local, state and federal statutes, rules and regulations regarding land use,
environmental protection and the handling and disposal of Hazardous Substances (those substances
determined to be "hazardous", as adopted by the United States Environmental Protection Agency).
Lessor further represents and warrants that neither Lessor nor, to the best of Lessor's knowledge, any
other person or entity has ever caused or permitted any Hazardous Substances to be placed, held,
located or disposed of on, under or at the Property or any part thereof and that neither the Property
nor any part thereof has ever been used (whether by Lessor or by any other person or entity) as a
treatment, storage or disposal facility or site (whether permanent or temporary) for any Hazardous
Substances. Lessor will indemnify and hold harmless the Lessee and its officers, directors,
representatives, employees, affiliates and subsidiaries against any losses, claims or damages incurred
2 P:'BECKLEY\GLENWOOD\LEASE4.WPD
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or suffered by any of them as a result of any violation by Lessor of, or non-compliance with, any
local, state and federal statutes, rules and regulations regarding land use and environmental
protection.
6. Character of Occupancy and Construction. Lessor and Lessee acknowledge that
Lessee may use the Property and the Cave for any lawful purpose except commercial mining or
quarrying of limestone for resale, and that Lessee intends to develop the Property and the Cave as
a commercial venture for development of visitor access to the Property and the Cave including, but
not limited to, guided tours of the interior of the Cave, hiking trails, picnic areas, visitor facilities,
museums, and educational displays (the "Project"). Lessee agrees that the Property shall be used
and occupied in a careful, safe and proper manner by Lessee and Lessee's agents and employees.
Lessor acknowledges and agrees that Lessee may construct improvements and
structures on the Property including, but not limited to, gates, paved roads, lighting, paved parking
lots, tramway facilities, sidewalks, picnic areas, buildings, and sanitary and recreational facilities
(the "Improvements").
Lessee agrees that Lessee will not use or permit the Property to be used for any
purposes prohibited by the laws of the United States or the State of Colorado, or the ordinances of
the city or county in which the Property is located.
7. Easements and Rights of Way. Washington Lode.
A. The Property leased hereunder shall specifically include all of the easements,
rights of way, licenses or rights or use of access (collectively referred to herein as "ROW") granted,
assigned or inuring to the benefit of Lessor or the Property. The grant and lease of the ROW
hereunder is expressly subject to Lessor's continued right to use the ROW so long as Lessor's use
does not materially interfere with development or operation of the property or the Project. Lessee's
lease and use of the ROW shall be for all uses contemplated by the Project, including public
vehicular, or other, access to the Cave.
B. Lessor agrees to provide to Lessee copies of all ROW granted, assigned or
inuring to the benefit of Lessor or the Property, and of all ROW granted by Lessor to third parties.
In addition, Lessor shall provide to Lessee copies of all correspondence to or from the U.S. Forest
Service or Bureau of Land Management regarding the Property.
C. Lessor will cooperate fully with Lessee should Lessee desire to terminate any
express or implied ROW across the Property claimed by any third party, including the institution
of any legal action to terminate such ROW which is requested by Lessee, provided the same is at
Lessee's sole cost and expense.
D. Lessor shall have the right to use any ROW presently benefitting the Property
or obtained by Lessee for the benefit of the Property, for access to the Northern half of the parcel
of real estate described on Exhibit A (the "Northern Parcel") provided such use does not materially
interfere with Lessee's development and operation of the Property or Project.
E. Lessor shall not grant any additional ROW across the Property during the
term of this Lease without the prior written consent of Lessee.
F. Lessor grants and conveys to Lessee the following easements which shall be
appurtenant to, and run with, the land included in the leased Property:
(1) An easement for public access and egress, utilities, telephone and
water lines on all existing roadways on the Northern Parcel, including but not limited to those shown
on Exhibit C hereto and for a proposed roadway as shown on Exhibit C, it being specifically
understood and agreed that the location of the roadway may vary to provide the most efficient and
economical access to the Cave from the BLM road in the northwest corner of the Northern Parcel.
Such easements shall be 60 feet in width or wider if so required for designation as a county road.
(2) A license to use up to one-half acre of land for construction and
maintenance of a water tank to service the Property plus an easment for access to maintain and repair
such water tank and for utilities, telephone and water lines from the water tank to the Cave
3 P:IBECKLEYIGLENWOODILEASE4.WPD
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. Lcssor
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 conunercial, public access by visitors as projected by Lessee. Lessor shall have
the right to preapprove construction plans for a new entrance to the Cave, which approval shall not
be unreasonably withheld.
Lessor shall have the right at any reasonable time after normal business hours, at a
time which is convenient to Lessee and after 48 hours' notice to Lessee, to enter on the Property and
inside the Cave to examine and inspect such repairs, additions, or alterations as Lessee niay 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
4 P:\BECKLEYIGLENWOOD\LEASE4.WPD
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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 sante 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 lirnitation, 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 niay remove from the Property, and dispose of in any manner, all or any of said
trade fixtures.
Lessee, at its expense, shall immediately repair any damage to the Property
attributable to the removal of any of Lessee's trade fixtures, whether or not such removal is
permissible hereunder. Lessee shall pay any and all ad valorem or other taxes separately assessed
and levied on its trade fixtures before the same become delinquent.
11. Repairs. Maintenance and Destruction. Lessee agrees, at all times during the Term
hereof and each extended Term hereof, and at its own expense, to (a) maintain in good condition,
and promptly and diligently repair any damage to, the Property, except to the extent such damage
is attributable to the gross negligence or the intentional act or omission of Lessor, to fire or other
insurable casualty or Act of God or the elements; (b) promptly and diligently repair any damage to
the Property attributable to the gross negligence or the intentional act or omission or Lessee or its
subtenants, employees or agents; and (c) maintain, and promptly and diligently repair the interior
of any improvements to the Property and every part thereof in order to meet the orders or demands
from time to time of any government authority having jurisdiction thereof.
Upon the expiration or earlier termination of this Lease, Lessee shall deliver and
surrender the Property to Lessor in good order, condition, and state of repair, except for reasonable
wear and tear, or damage or destruction from fire or Acts of God or the elements.
In the event of any damage to or destruction of the Property, Lessee shall in no event
be entitled to any damages from Lessor by reason of any inconvenience or loss sustained by Lessee.
12. Subletting. Lessee agrees that it will not sublet the entire Property, nor assign this
Lease, or any interest therein, without first obtaining the written consent of the Lessor, which
consent shall not be unreasonably withheld. Notwithstanding the foregoing, the Lessor hereby
consents to the assignment of this Lease by the Lessee to a corporation provided Steve Beckley or
Lessee is an officer and shareholder of the corporation, or to a partnership or limited liability
company provided Steve Beckley or Lessee is a general partner or member, as the case may be.
Also notwithstanding the foregoing, the Lessor agrees that Lessee 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 lirnitation, the payment of rent.
13. Default. If the Lessee shall be in arrears in payment of any installment of rent, or any
portion thereof, or in default of any other covenants or agreements set forth in this Lease ("Default"),
and the Default remains uncorrected for a period of 14 business days after the Lessor has given
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written notice thereof pursuant to applicable law, then the Lessor may, at the Lessor's option,
undertake any of the following remedies without limitation: (a) declare the Term of the Lease ended;
(b) terminate the Lessee's right to possession of the Property and reenter and repossess the Property
pursuant to applicable provisions of the Colorado Statutes; (c) recover all present and future
damages, costs and other relief to which the Lessor is entitled including, but not limited to, the cost
to recover and repossess the Property, the expenses of reletting, necessary renovation and alteration
expenses, and commissions; and (d) pursue any and all available remedies in law or equity. In the
event possession is terminated by a reason of Default prior to expiration of the Term, the Lessee
shall be responsible for the rent occurring for the remainder of the Term, subject to the Lessor's duty
to mitigate such damages. Upon such termination, the Lessor shall have available any and all of the
above -listed remedies. If the Lessor shall be in default or breach ("Default") of any of the terms or
this Lease and the Default remains uncorrected for a period of 14 business days 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 pan thereof shall be transferred in avoidance of an exercise of the power of eminent
domain (all of the foregoing being referred to herein as "taking"), the rights and obligations of
Lessor and Lessee with regard to such taking shall be governed by the provisions of this Section.
In the event of the taking of the entire Property, this Lease shall terminate and expire
as of the date of such taking. In the event of the taking of less than the entire Property, this Lease
shall remain in effect or terminate as of the date of such taking at the sole option of Lessee. In the
event of a partial taking, if this Lease remains in effect, the rent and purchase option price set forth
herein shall be proportionately reduced in accordance with the amount of acreage remaining subject
to this Lease.
In the event of any termination pursuant to the provisions of this Section, both parties
shall thereupon be released from any liability thereafter accruing hereunder, but all rentals and other
charges then accrued shall immediately become due and payable by Lessee. Lessor agrees
immediately after receiving notice of any taking to give to Lessee notice in writing thereof.
Lessee shall have the right to appear and participate in any court, administrative, or
other governmental proceeding related to any actual, threatened, or potential taking with
representation by counsel of Lessee's choice.
If this Lease shall terminate in any manner provided in this Section, Lessee shall have
no claim against Lessor for the value of any unexpired term of this Lease or any renewal thereof,
but Lessee shall be entitled to that portion of the award, whether as purchase price, damages, or
otherwise, for such taking, and such award shall belong to and be the property of Lessee whether
such award shall be deemed compensation for diminution in the value of the leasehold or the value
of the Property and improvements, to the extent of the percentage of the value of the Property
attributable to Lessee's improvements and trade fixtures and ongoing business operations on the
Property as determined by a MAI real estate appraiser satisfactory to Lessor and Lessee.
Lessee shall have the right to claim and recover from the condemning authority, but
not from Lessor (unless an award has been made to Lessor for the following items): (i) such
compensation as may be awarded or recoverable for Lessee's improvements and Trade Fixtures, and
(ii) such compensation as may be awarded to Lessee or recoverable by Lessee for any damage to
Lessee's business operations done on the Property.
The date of taking, as that phrase is used herein, shall mean the date title is vested
in the condemning authority.
15. Property Vacated During Term of Lease. If the Lessee shall abandon or vacate said
Property before the end of the Term of this Lease for a period of 60 days, the Lessor may, at its
option, after 30 days written notice to Lessee, enter said Property, remove any signs of the Lessee
therefrom, and re -let the same as it may see fit, thereby voiding and terminating this Lease; and for
the purpose of such re -letting, the Lessor is authorized to make reasonable rcpairs in or to said
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Property, as may, in the reasonable opinion of the Lessor, be necessary for the purpose of such re-
letting. The provisions of this paragraph shall not be binding on Lessee if Lessee vacates the
Property due to a Default by Lessor.
16. Removal of Lessee's Property. If the Lessee shall fail to remove all effects from said
Property upon the abandonment thereof or upon the termination of this Lease, the Lessor, at its
option, may remove the same in any manner and store the said effects without liability to the Lessee
for loss thereof, and the Lessee agrees to pay the Lessor on demand any and all expenses incurred
in such removal including court costs and attorney's fees and storage charges on such effects for any
length of time the same shall be in the Lessor's possession. The Lessor, at its option, and after 30
days written notice to Lessee, may sell said effects, or any of the same, at private sale and without
legal process, for such prices at the Lessor may obtain, and apply the proceeds of such sale upon any
amounts due under this Lease from the Lessee to the Lessor and upon the expense incident to the
removal and sale of said effects, rendering the surplus, if any, to the Lessee.
17. Loss or Damage to Lessee's Property. All personal property of any kind or
description whatsoever in the Property shall be at the Lessee's sole risk, and the Lessor shall not be
held liable for any damage done to or loss of such personal property, or for damage or loss suffered
by the business or occupation of the Lessee arising from any act or neglect of other occupants of the
building, or of the employees of the Lessor or of other persons, or caused in any other manner
whatever, except in the case of neglect or negligence on the part of the Lessor.
18. Hold Harmless and Indemnity. Lessee shall hold harmless and indemnify Lessor,
Lessor's agents and their respective successors and assigns, from all injury, loss, claims or damage
to any person or property while on the Property, or arising in any way out of Lessee's business on
the Property, which is occasioned by any negligent act or omission of Lessee, its employees, agents,
invitees, licensees or contractors.
Lessor shall hold harmless and indemnify Lessee, Lessee's agents and its respective
successors and assigns from all injury, 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 less than S1,000,000 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.
8 PIBECKLEYIGLENWOOD\LEASE4.WPD
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.
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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
POW, INC.
By 7 .:.mac/�>
Peter Prebble, President
Address: 5155 Raleigh Street
Denver, Colorado 80212-2609
10
LESSEE
JMB PROPERTIES, INC.
Steve Bcckle•, 'residen
Address: c/o Steve Beckley
P. O. Box 4491
Englewood, Colorado 80155
By
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STATE OF COLORADO
COUNTY OF ✓Z7/2 ../01
) ss.
The foregoing instrument was acknowledged before me this -7-14'day of AW/L_ , 1998,
by Peter Prebble, President of POW, Inc., a Colorado corporation, on behalf of said corporation.
Witness my hand and official seal.
STATE OF COLORADO
COUNTY OF Z) ---A./ VER
Notary Public
My commission expires: // 7%-o /
) ss.
d
The foregoing instrument was acknowledged before me this02.7-- day of APR / L , 1998,
by Sieve Beckley, President of JMB Properties, Inc., a Colorado corporation, on behalf of said
corporation.
Witness my hand and official seal.
m/
Notary Public
My Commission Expires:
11 PABECKLEY\GLENWOOD\LEASE4.WPD
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EXHIBIT A
to Lease between
Glenwood Corporation and POW, Inc.
dated April 22, 1998
The leased Property is the southern one-half of the parcel of real estate described as follows:
Township 6 South, Range 89 West of the Sixth Principal Meridian
Section 3: NW/4SW/4
Section 4: Lot 10
However, in no event shall the leased Property include less than 35 acres; and in the event the leased
Property as described above is less than 35 acres the northern boundary shall be adjusted northward
so that the leased Property includes at least 35 acres.
The leased property shall also include the easements, rights of way, licenses or rights or use of
access described in Section 7 of the Lease, and is subject to all easements, rights of way, licenses
or rights of use of access for the benefit of other tenants of Lessor.
12 PA6ECKLEY\GLENWOOD\LEASE4.WPD
EXHIBIT B
to Lease between
Glenwood Corporation and POW, Inc.
dated April 22, 1998
The leased Property includes all subsurface rights to the real estate described as follows to the extent
that portions of the cave are located thereunder:
Township 6 South, Range 89 West of the Sixth Principal Meridian
Section 3: NW/4SW/4
Section 4: Lot 10
as well as all of Lessor's interest in the subsurface rights under the Washington Lode to the extent
that portions of the cave are located thereunder.
13 P:TECKLEIIGLENW000\LEASE4.WPD
EXHIBIT C
to Lease between
Glenwood Corporation and POW, Inc,
dated April 22, 1998
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Attachment D
ENGINEERING REPORT
AND
TRAFFIC COUNTS
rl ROCK
CICREEK
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August 27, 1998
Mr. Mark Bean
Director of Planning, Garfield County
109 8th Street
Glenwood Springs, CO 81601
RE: Glenwood Caverns
Dear Mr. Bean:
Vehicular access to the Glenwood Caverns will be via an existing dirt/gravel road that crosses
federal land managed by the Bureau of Land Management (BLM) and private landowners. Most
of the road generally follows the historic Transfer Trail from Glenwood Springs, but near the top
of the ascent, access to the Glenwood Caverns departs the Transfer Trail. The winding road has
a hardpacked surface, which varies in width. Over the two miles from the town to the cave
entrance the road climbs at an average grade that exceeds 9%. The road had commercially
applications in the past, including the transportation of mined limestone from quarries adjacent to
the road. Presently the road is used for recreation and the maintenance of communication sites
near the cave on a seasonal basis. The road has not been plowed for the past several winters
which eliminates wheeled vehicles, however the snow covered surface is frequented by
snowmobilers, cross country skiers and snowshoers.
I have traveled the entire length of the road from Glenwood Springs to the caverns on several
occasions since April 1998. In that time I have observed the durability of the traveled surface,
the drainage facilities and sight distances as related to the safe operation of motor vehicles. I
have witnessed snowstorms, spring runoff, intense thunderstorms and periods of no precipitation.
The road has held up remarkably well despite the lack of regular maintenance. This is most
likely attributable to heavy mining trucks that used to travel the road, the rocky subbase and the
steep grades, which do not allow surface runoff to pond near the road. The few areas were
ponding occurred appear to be the result of localized anomalies. Most of the wear to the road
occurs when the surface becomes saturated due to a seasonally high water table, uncontrolled
runoff or during heavy precipitation events. The vehicles that use the road when dry cause a
lesser amount of wear. Airborne dust generated by vehicular traffic is most prevalent in the few
areas where rock does not predominate the road subbase and during times of little precipitation.
However, even small amounts of water appear to have a relatively long lasting effect as a dust
suppressant. The loudest and most annoying noises emanate from the 2 -cycle engines that power
motorcycles, snowmobiles, and ATV's.
Shuttle buses will be used to transport tourists to the cave. The buses will not be as heavy as a
loaded mining truck that once traveled the road and will not be as long as some of the RV's that
successfully navigate the road to the upper parking area. It is anticipated that the maximum
number of tours per day that Glenwood Caverns can accommodate is twenty-four (24).
Additional trips by support and maintenance vehicles will also be required. The total number of
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round trips per day associated with Glenwood Caverns may approach forty (40) during the peak
tourist season. This is roughly equivalent to the traffic generated by 8 to 10 single-family homes.
The Transfer Trail should be able to handle the extra traffic volume without adverse impacts to
the current recreational users. The sight distances at several spots along the road are unsafe,
especially at the switchbacks, but this can be easily remedied by cutting back the scrub oak in
select areas.
Before commencing regular shuttle service, the road should be upgraded in several areas. The
following list of recommendations will provide for a safer, more easily maintainable road.
Install a culvert above the intersection of Traver Trail. This will allow the water in the ditch on
the eastern side of the road to make it to the natural drainage on the west side of the road without
crossing the surface.
Remove all debris and brush from the roadside ditches. This will reduce the possibility of storm
water runoff exiting the ditch and crossing the surface of the road.
Clean existing culverts. Culverts that are even partially filled with sediment and debris often are
unable to function properly during intense precipitation events. Most culverts on the road do not
require cleaning and are in good shape.
All brush should be removed or cut back wherever it is possible to improve site distances. The
safety of the switchbacks and a few isolated areas on the Transfer Trail can be significantly
improved with minor brush removal. Most of the removed vegetation will be scrub oak.
Localized drainage problems should be fixed. There are several areas where the roadside ditches
have silted and no longer convey storm water runoff. Instead, the water remains in the ditch until
it evaporates.
Repair the soft spots and areas where the road seeps water. These places are not identifiable at
this time of year, but next spring they should reappear. These spots can be improved by either
installing a subdrain system or by over excavating the road and importing clean pit -run.
Create a proactive road maintenance program that deals with small problems before they become
large. This could include blading the road surface and cleaning the roadside ditches and culverts
on a monthly basis; using water or magnesium chloride as a dust suppressant on an as needed
basis, and clearing brush on a yearly basis. Other areas that may need to be addressed on a less
infrequent basis are resurfacing portions of the road with aggregate base course and repairing cut
and fill slopes that have been scarred by erosion.
Si cerely,
enneth W. Curfman
PE -PLS 25620
NO. OF
COPIES
ITEM
LATEST ITEM
DATED
Cc 3 ec AC (
REMARKS
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Grid 41
have aN9 61 77u -t5 /Pose e/
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TO STEVE. gECKLeil
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A)6L f woo Co g0 iss
ATTN 5fE V E
FAX NO Sheet of
HIGH COUNTRY ENGINEERING, INC.
923 Cooper Avenue
Glenwood Springs, CO 81601
(970) 945-8676 • FAX: (970) 945-2555
DATE J V I a3 1998
SUBJECT -ar /lira
VoJ e Cc m+'S
JOB NO. 98065;oi
We are sending the following: g Herewith 0 Under separate cover
APhotocopies 0 Prints 0 Documents 0 Mylars 0 Shop Drawings
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If material received is not listed above, kindly notify us at once.
Transmitted by:
First class mail
❑ U.P.S. Next Day Air
0 Federal Express
❑ U.S. Express Mail
O U.P.S. Std. Service
0 Messenger
❑ Pickup
0 FAX
0
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1
1
1
1
Volume Count Report
Generated by MSC3000 Version 2.01 Copyright 1990-1992 Mitron Systems Corporation
Location Transfer Trail Volume Counts
Location Code 98999
County Garfiel
Recorder Set 07/17/98 18:13
Recording Start 07/17/98 19:00
Recording End 07/23/98 08:45
Sample Time 15 Minutes
Operator Number 4
Machine Number 1
Channel 1
Divide By 2
Summation No
Two -Way No
Friday 07/17/98 Channel: 1
2000 2100 2200 2300 2400 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 Totals
3 1 1 1 3 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 2 0 0 0 3 0 0 2 2 3 0
2 0 0 1 3 2 0 0 0 0 0 1 0 1 1 0 2 2 2 2 3 2 1 0
1 0 0 0 0 1 0 0 0 0 0 0 0 1 2 1 0 1 4 0 3 0 5 1
0 0 1 0 0 0 0 0 0 0 1 0 0 0 0 2 0 1 2 1 5 2 3 1
AM Peak Hour 10:30 to 11:30 (5 vehicles)
AM Peak Hour Factor 62.5%
PM Peak Hour 15:00 to 16:00 (13 vehicles)
PM Peak Hour Factor 65.06-
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 0 0 2 2 0 1 5 3 5 2 1 1 0
2 6 0 2 0 1 0 0 0 0 0 0 0 0 0 3 2 0 2 0 5 10 1
3 0 0 1 2 0 0 0 0 0 0 0 2 0 2 4 0 1 0 3 3 0 3 1
1 0 0 0 0 1 0 0 0 0 0 2 0 2 5 4 0 2 0 2 1 0 2 1
AM Peak Hour 09:45 to 10:45 (12 vehicles)
AM Peak Hour Factor 60.05
PM Peak Hour 15:30 to 16:30 (15 vehicles)
PM Peak Hour Factor 37.55
1
1
1
1
1
1
1
Volume Report, 'Transfer Trail Volume Counts' page 2
Sunday 07/19/98 Channel: 1
2000 2100 2200 2300 2400 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 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 20:00 to 21:00 (15 vehicles)
PM Peak Hour Factor 62.50
Monday 07/20/98 Channel: 1
2000 2100 2200 2300 2400 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 Totals
2 6 1 2 1 0 0 0 0 0 0 3 1 3 1 1 5 8 0 2 0 2 7 2 47
0 1 0 2 0 0 0 0 0 0 0 0 1 3 0 0 4 0 0 0 0 0 0 0
0 4 1 0 0 0 0 0 0 0 0 0 0 0 1 0 0 1 0 0 0 0 1 0
2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 7 0 0 0 2 1 2
0 1 0 0 1 0 0 0 0 0 0 3 0 0 0 1 0 0 0 2 0 0 5 0
AM Peak Hour 10:45 to 11:45 (6 vehicles)
410AM Peak Hour Factor 37.5%
PM Peak Hour 12:00 to 12:45 (8 vehicles)
PM Peak Hour Factor 28.6%
1
1
1
1
1
1
Tuesday 07/21/98 Channel: 1
2000 2100 2200 2300 2400 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 Totals
3 5 2 2 0 0 0 0 0 0 2 2 3 0 1 1 7 1 0 4 2 0 5 0 40
0 1 0 0 0 0 0 0 0 0 1 2 2 0 0 1 1 1 0 0 1 0 0 0
3 1 1 1 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 2 1 0 2 0
0 3 1 1 0 0 0 0 0 0 0 0 1 0 0 0 2 0 0 1 0 0 1 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 4 0 0 1 0 0 2 0
AM Peak Hour 11:00 to 12:00 (7 vehicles)
AM Peak Hour Factor 43.89,5
PM Peak Hour 14:15 to 15:15 (5 vehicles)
PM Peak Hour Factor 62.5%
•
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
0 0 1 0 4 1 0 0 0 0 0 1 2 0
0 3 1 0 0 0 0 0 0 0 0 1 0 0
0 2 0 0 0 0 0 0 0 0 0 0 1 1
0 3 0 1 0 0 0 0 0 0 0 0 0
AM Peak Hour 06:15 to 07:15 (3 vehicles)
AM Peak Hour Factor 37.50
PM Peak Hour 20:15 to 21:15 (9 vehicles)
PM Peak Hour Factor 75.0%
1
1
r1
1
1
1
1
1
141
1
1
1
1
1
1
1
Ir
Attachment F
Agricultural/Industrial
Zone District Text
rl ROCK
NCREEK
G15TUD10«,
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. by ri ht: Agricultural, including farm, garden, greenhouse, nursery, orchard, ranch,
small animal farm for production of poultry, fish, fur -bearing 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. 80-180; 86-09)
Accessory dwelling unit approved as a part of a public hearing or meeting on a subdivision
or subdivision exemption or quest house special use approved after 7/95 and meeting the
standards in Section 5.03.02
3.01.02 Uses. conditional: Aircraft landing strip, airport -utility, salvage yard and sanitary landfill;
group home for the elderly. (A. 97-60)
Home occupation, storage. (A. 80-180;86-09)
3.01.03 Uses. special: Camper park, agriculture -related business, resort; Airport - air carrier,
communication facility, corrections facility.(A. 97-60)
Plant for fabrication of goods from processed natural resources; material handling, pumping
facilities, electrical distribution, warehouse facilities/staging areas, fabrication areas, storage
areas, water impoundments, access routes, utility lines, pipelines; extraction,rocessing;
public gatherings; commercial park; recreational support facilities; guest houses. (A 80-180;
81-145; 81-263; 86-09)
Accessory dwelling unit meeting the standards in Section 5.03.02 for any Iot not created after
a public hearing or meeting after 7/95.
3.01.04 Minimum Lot Area: Two (2) acres. (A. 80-180)
3.01.05 Maximum Residential Lot Coverage: Fifteen percent (15%). (A. 80-180)
3.01.06 Minimum Setback: (Unless otherwise permitted by special use permit.)
(1) Frontward: (a) arterial streets: seventy-five (75) feet from centerline or fifty(50) feet from
lot line, 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 lot line, or one-half (1/2) the building height,
whichever is ,greater. (A. 80-180)
3.01.07 Maxum 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
•
ATTACHMENT B
PREVIOUS RESOLUTION
OF
APPROVAL
•
GLENWOOD CAVERNS
SPECIAL USE PERMIT
AMENDMENT
•
1 111111f )1!! 1111111111111
546854 06/08/1999 03:39P 81133 P904 M ALSDORF
0.00 D 0.00 GARFIELD COUNTY CO
eA
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 Manda y
_, theah day of _„n` A.D. 19_9_9, 9 - there were present:
John Martin
Walt Stowe , Commissioner Chairman
Commissioner
D • n D f. rd , Commissioner
, County Attorney
E een , Clerk of the Board
, County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 9 9 _ (l ti S
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
La
L.
Mc
own
Mil
red Alsdorf
. 111111111111111111111111II IIIII IIIIC_. ; II IIIII IIII IIII
546854 06/08/1999 03:39P 81133 P905 M ALSDORF
2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determination of fact:
1.
2.
That proper publication and public notice was provided as required by law for the
hearing before the Board of County Commissioners.
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.
• 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.
�• 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.
That the use be limited to a total of one hundred (100) persons using on-site
facilities at any given point during permitted hours of operation. No persons shall
. -111111111111IIIIII111111I11I1111tr. pinmi�ul
546854 06/08/1999 03:39P
GRRFIELD3 COUNTY COSDORF
3 of 4 R 0.00 D 0 00
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
,til.
.,
erk of tlie.Board , CD
GARFIELD COUNTY BOARD OF
CO SSIONERS, GARFIELD
CO , COLORADO
Chairm
-111111 11111 HIM 11111111111111 11111.., )I Mil 11IIII
• 546854 06/08/1999 03:39P 81133 P907 M ALSDORF
4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO
•
•
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER CHAIRMAN JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER WALTER A. STOWE
STATE OF COLORADO
County of Garfield
)ss
, Aye
, Aye
Aye
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
/AB 11111 111111 11111 111111 111 1111111111 1111111111111
603812 05/22/2002 09:50A 81356 P682 M ALSDORF
1 of 5 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, Monday , the 20th day of MAY A.D. 20 0 2 , there were present:
John Martin
Larry McCown
Walt Stowe
Don DeFord
Mildred Alsdorf
Ed Green
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2 0 0 2- 4 7
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT
APPLICATION FOR A COMMERCIAL/RECREATIONAL FACILITY FOR GLENWOOD
• CAVERNS, INC. AND JMB PROPERTIES, INC.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received an application from Glenwood Caverns, Inc. and JMB Properties, Inc. for a special use
permit to allow for approval of Commercial/ Recreational Facility within the A/I zone district;
and
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, held a
public hearing on the 6th day of May, 2002, upon the question of whether the above described
Commercial/ Recreational Facility should be granted or denied, at which hearing the public and
interested persons were given the opportunity to express their opinions concerning the approval
of said special use permit; and
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, on the
basis of substantial competent evidence produced at the aforementioned hearing, has made the
following determination of fact as listed below:
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
111111I 11111 1E111 11111 111111 111 1111111111 11111 11111111
603812 05/22/2002 09:30A B1356 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 -1 Opm Sunday thru Thursday and
8am -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 limited
to cave tours, covered picnic area, nature trails, gemstone sluice mining,
geode cutting, astronomy observatory area, and a fossil dig
h) Passenger gondolas will be able to accommodate bikes
i) The maximum build out capacity for the gondola is 36 gondola cars in
12 groupsof3
j) Each gondola car has a 6 passenger capacity
k) The applicant shall be responsible for snow removal on 50% of the
roadway width on Transfer Trail to provide for emergency access
I) The passenger gondolas will be designed to be ADA accessible.
m) The applicant must complete construction of the tram and visitor's
center by December 31, 2002
2
1 11111111111 111111 11111 111111 111 1111111 111 11111 1111 1111
603812 05/22/2002 09:50A B1356 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.
5. The applicant shall adhere to the following suggestions provided for by the
Division of Wildlife in the referral letter dated April 16, 2002:
a. There shall be no outside storage of any trash or garbage anywhere within
the property, with the exception of bear -proof trash containers
b. Refuse kept in non bear -proof containers should be kept within secure
structures that are not likely to be broken into by bears
c. There shall be no dumps or underground disposal of refuse on site
d. Except for bird feeders, the feeding, baiting, salting, or other means of
attracting wildlife to site is prohibited
e. Bird feeders should be strategically placed to avoid being an enticement
for bears
f. Tourists and other users to the site shall be made aware of the local
wildlife community by utilizing information provided by the Division of
Wildlife.
6. Loss of access easements to the cave property will result in the revocation of the
Special Use Permit.
7. The applicant shall submit a wildland fire mitigation plan approved by the
Glenwood Springs Rural Fire District before a Special Use Permit is issued.
8. Pursuant to Section 9.03.05 of the Subdivision Regulations, the applicant shall not
implement the restaurant up -grade until approval for the wastewater treatment of
the facility is approved through periodic review. Prior to conducting that use, the
applicant shall fulfill the public notice requirements set forth in Section 9.03.04 of
the Garfield County Zoning Regulations.
9. The ISDS design shall be submitted to and approved by the Department of Health
for review before a Special Use Permit is issued.
3 .
111111 11111 111111 11111 111111 1111111111 111 11111 1111 1111
603812 05/22/2002 09:50A 61356 P685 M ALSDORF
4 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO
10. The applicant shall be limited to a per day capacity of 1100 people. Prior to
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.
,`,�oom 11!11,;/1.
I ated tis 21
1BS~=
day of May
•
Clerk of the Board
, A.D. 2002 .
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
0 , COLORADO
11111111111111111111111111111III 1111111 III 11111 illi 1111
603812 65/22/2002 09:50A B1356 P686 M ALSDORF
5 of 5 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 CHAIR JOHN F. MARTIN , Aye
COMMISSIONER LARRY L. MCCOWN , Aye
COMMISSIONER WALTER STOWE , Aye
STATE OF COLORADO
)ss
County of Garfield
I, , County Clerk and ex -officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 20
• County Clerk and ex -officio Clerk of the Board of County Commissioners
i
•
•
•
•
PREANNEXATION AGREEMENT
TO PROVIDE WATER AND/OR SEWER SERVICE
THIS AGREEMENT made and entered into this day ofJuly, 02, by
CI'T'Y OF GLENWOOD SPRINGS, COLORADO, a Colorado home -rule munici alid between the
Glenwood Caverns, Inc., a Colorado corporation, and Glenwood Tramway, LLC, a Col ratio lim and
liability company (hereinafter "Petitioners");oralimited
WITNESSETH:
WHEREAS, POW, Inc., a Colorado corporation, is the owner of certain real
currently located in unincorporated Garfield County,
and of Section 4: Lot 10, Township 6 South, Rangel 89 Colorado,
Sixth as Section 3: property
NW/4S W/e
"Property"); andPrincipal Meridian (the
WHEREAS, Glenwood Caverns, Inc. and Glenwood Tramway, LLC are the lessees of
portions of the Property; andess
WHEREAS, POW, Inc, and the Petitioners desire to annex the pro
City's water and sewer system; and Property and connect it to the
WHEREAS, C.R.S. § 31-12-121, as amended, authorizes the Ci
into a Pre -Annexation Agreement; and t1' and Petitioner(s) to enter
WHEREAS, the City and Petitioner(s) desire to enter into this Agreement
agreements in writing concerning the terms and conditions of annexation Prperty tooCity
and the provision of water and sewer service to the Property. Property the City
NOW, THEREFORE, for and in consideration of the mutual promises and c
contained herein, and other good and valuable consideration, the receipt and sufficienc °versants
hereby acknowledged, the City and Petitioner(s) agree as follows: y °f which is
1. P oe. The purpose of this Agreement is to set forth the terms and conditions
annexation of the Property to the Cias ns of the
conditions herein are in addition to any and allrequiz'ements concexpressly erning
for herein to the contrary,
Municipal Code of the City of Glenwood Springs (hereinafter "City�i all
ung annexation contained in the
Annexation Act of 1965, as amended, C.R.S. § 31-12-101, et seq. This Agreement Code") or the Municipal
provide a contractual relationship between the City and Petitioner(s) to ensure compliance
�' nt is intended to
City Code, state statutes, and all terms and conditions set forth herein. This Agreement wilu the
additional terms and conditions for the purposes of the Municipal Annexation Act includes
Pre Annexation Agreement
Page 1 of 8
•
•
•
2. Effective Date. This Agreement shall be effective upon the date of execution by the
City of Glenwood Springs of this Agreement or the execution of an aerial tramway lease agreement
for the installation of an aerial tramway across City property whichever is later.
3. e=on• The annexation of the Proper
e in
Municipal Annexation Act of 1965, C.R.S. § 31-12-101, e seq., ty shall as amended. accordance with the Colorado
4. De -Annexation from S s ecial Districts Includin • Fire Service. Petitioner(s) shall
petition for exclusion from any taxing districts, including the Glenwood Springs Rural Fire
Protection District, which provide services to the Property that the City is capable of rovi
such time as ll b
the Property is annexed into the City. All costs of de -annexation shall borne�b t
Petitioner(s). y
5. Fees. Petitioner(s) agree to pay the following fees related to the development of the
Property:
a. Water System Improvement Fees. Petitioner(s) agree to pay water system
improvement fees in the amount of $3,693.64, subject to an annual increase not to
exceed five percent (5%) per year, unless otherwise amended by City Council on a
City wide basis prior to the payment of such fees.
b.
Credit for Existing Service. Petitioner(s) may be acquiring a two (2) inch water tap
which has previously been paid for by the current owner. In the event Petitioner(s)
acquire said tap the number of EQR's available from the tap shall be determined
based on its historic location. After such determination is made the total number of
EQR's available will be deducted from the total Water System Improvement Fees
provided for in Paragraph 5.a.
c. Sewer System Improvement Fees. Petitioner(s) agree to pay applicable sewer system
improvement fees at such time as the City and the Petitioners agree to the terms and
specifications for the provision of sewer service to the Property, subject to an annual
increase not to exceed five percent (5%per
y ear
Council on a City wide basis prior to the payment
otherwise amended by City
yment of such fees.
d. Miscellaneous. Petitioner(s) agree to pay all actual costs incurred for notice
publication, recording fees, and similar reasonable administrative charges related to
the annexation or this Agreement.
6. Easements. Petitioner(s) shall obtain, at their own cost, all easements necessaryfor
water or sewer facilities which serve Petitioner(s)y.
drawings of the proposed easement widths and specifications for rreview approvalandr(s) ll submit engineering
Engineer, which approval shall be based upon by the City
practices and shall not be unreasonably withhld generally -accepted engineering standards and
Pre -Annexation Agreement
Page 2 of 8
•
•
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7. Ownership and Maintenance.
a. Internal Service Lines and Facilities. Petitioner(s) or their successors shall own and
maintain all water and sewer facilities within the boundaries of the Property in
perpetuity this shall include all facilities which are suspended from the Tramway as
well as all internal facilities located in Two Rivers Plaza Subdivision which serve the
Property.
b. Main Line and Service Extension. Petitioner(s) or their successors shall own and
maintain any necessary water and sewer main line and service extensions and related
easements.
8. Plans and S ecificationc The plans and specifications for the installation,
maintenance, and operation of the water and sewer facilities shall be in conformance with the City's
guidelines and shall be subject to the prior approvaltY
P of the City staff, such approval not to be
unreasonably withheld. A licensed, professional en
certification that all water and sewer facilities and improvements er c are installed in accted by ordshall provide
ance with the
approved plans and specifications. Petitioner(s) shall provide the City with Mylar and AutoCad
drawing files of the "as builts" of all water and sewer facilities constructedpursuant
Agreement. to this
9. Service Fees. The City shall be entitled to charge reasonable monthly service fees for
water and/or sewer service within the Property as are provided for and established
Code. by the Municipal
10. Unforeseen Costs. Petitioner(s) agree to indemnify, defend and hold the Ci
harmless against any costs or liabilities arising out of and directly connected with this Agreement;
ty
provided, however, that in the event of litigation the City agrees to cooperate with Petitioners in
defense of any claim and not to refuse reasonable settlement opportunities; the
Petitioner(s) shall have the right to retain counsel of their choosing o comply wifurtherthprovidedathat
the City may utilize its own counsel at its own expense. The City agrees, to the extent permitted Paragraph, or
law, to indemnify, defend and hold the Petitioners harmless againstysorP d by
ies arising
out of and directly connected with the installation and operation a radio tower on heliabilitTramwa .
Y
11. Ci Staff. Petitioner(s) agree pay a one time non-refundable fee of $750.00 to
reimburse the City for all of its reasonable expenses for paid staff and consultants relating to the
negotiation, drafting, and execution of this Agreement and relating to construction of the water and
sewer facilities to be paid within sixty (60) days of execution of this Agreement.
12. Provisions Exclusive. The City and Petitioner(s) agree and acknowledge that this
Agreement contains all requirements of the Petitioner(s) concerning the provision of water and sewer
service to the Property, parkland dedications, transportation impact fees, water rights dedications, Agreement s'
Page 3 of 8
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and other matters expressly addressed under this Agreement. No additional substantive requirements
shall be imposed upon Petitioner(s) with regard to the matters addressed herein.
13. Annexation. At such time as the Property
boundaries of the City of Glenwood Springs, and the City so notifies Petitioners in with writing, the
Petitioner(s) agree to file a Petition for Annexation within sixty (60) days of the date said contiguity
occurs. In the event that Petitioner(s) fail to timely file a Petition for Annexation pursuant to 's
paragraph the City shall have the right, subject to the Municipal Annexation Act of 1965 as
amended, to annex the property at such time as the City deems appropriate. By entering into this
Agreement the Petitioner(s) specifically waive their right to contest such annexation if it is
commenced pursuant to the provisions of this paragraph 13.
14. De -annexation. The parties agree and stipulate that the express provisions of this
Agreement are a material consideration of the agreement of Petitioner(s) to annex the Property to the
City. Therefore, in the event the City fails to perform under this terms of this Agreement as stated,
the parties stipulate and agree that, pursuant to C.R.S. § 31-12-501, it shall be in the best intere
t of
the City that the Property be disconnected from the City. In such event, the City agrees to enactan
n
ordinance effecting such disconnection and will speedily act upon any application for discormection
submitted by Petitioner(s). The City further agrees and acknowledges that such disconnection is
authorized by the Charter of the City of Glenwood Springs and the applicable ordinances enacted bythe City and that it shall take no action amending either its Charter or ordinances that wouldpreclude
such disconnection.
15. Election.Petitioner(s) agree that they are voluntarily entering into this Agreement.
Petitioner(s) represent and submit that, to the extent an election would be requiredursut
§ 31-12-112, as amended, to approve the annexation or to impose terms and conditions u on the
R.S.
Property to be annexed, Owners own 100 percent of the Property to be annexed and would vote
approve the annexation and all terms and conditions as set forth herein. Thus, any election would
necessarily result in a majority of the electors' approval to the annexation and the terms and
conditions herein.
16. Asent. The parties agree and acknowledge that the rights and obligations of the
Petitioner(s) under this Agreement may not be assigned or transferred without the express
consent of City prior to such assignmentp written
or transfer, which consent shall not be unreasonably
withheld. The City hereby consents to an assignment of Petitioners' rights under this Agreement
follows, provided that Petitioners first give written notice of such assignmentent as
provided such assignee agrees in writing to be bound by the terms and conditions ofthis Agreement:
(a) Petitioners may provide a collateral assignment of their rights under this Agreement to anlender nt:
providing funds to Petitioners for the acquisition, construction or financing of the aerial tramway
related property or for working capital purposes; and (b) Petitioners may assign their rights under t ' or
Agreement to (i) any person or entity owning Lot 1, Two Rivers Plaza Subdivision (te Tramwayth
base property), (ii) any person or entity owning the real estate now owned by POW, Inc. where
Glenwood Caverns are located, or (iii) any person or entityo re the
caning the aerial tramway system.
Pre -Annexation Agreement
Page 4 of 8
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17. Final A Bement. This Agreement supersedes all prior written and oral agreements
and representations of the parties and is the total integrated agreement between the City and the
Petitioner(s).
18. Modifications. This Agreement shall not be amended except by subsequent written
agreement between the City and the Petitioner(s).
19. No Representations. It is expressly understood that the City cannot legally be bound
by the representations of any of its officers or agents or their designees except in accordance with the
City Code and the laws of the State of Colorado. Petitioner(s), when dealing with the City, act at
their own risk as to any representation or undertaking by the City officers agents or their designees
that is subsequently held unlawful by a court of law with competent jurisdiction.
20. Ca tions. The captions and paragraph headings in this Agreement are inserted only
for convenience and in no way define, limit, or prescribe the scope or intent of this Agreement or any
part thereof.
21. Bindinu Effect. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, successors, and assigns.
22. Seventy, If any provision(s) of this Agreement shall be determined to be void or
invalid by a court of competent jurisdiction, then such determination shall not affect any other
provision hereof, all of which other provisions shall remain in full force and effect. It is the intention
of the parties hereto that, if any provision of this Agreement is capable of two constructions, one of
which would render the provision void, and the other of which would render the provision valid, then
the provision shall have the meaning that renders it valid.
23. Governin Law. This Agreement shall be construed, interpreted, and enforced in
accordance with the laws of the State of Colorado. Should any
r action for
enforcement of any obligation contained herein, it is agreed that the veno of such suit or action shall
be in Garfield County, Colorado.
24. Attorneys' Fees. Survival. Should this Agreement become the subject of litigation
between the City and Petitioner(s) (or any of them), the prevailing
of all actual costs in connection therewith, including but not limited tosattorneys' fees hall be entitlero ecovery
expert
witness fees. All rights concerning remedies and/or attorneys' fees shall survive any termination of
this Agreement.
25. Authori . Each person signing this Agreement represents and warrants that he or she
is fully authorized to enter into and execute this Agreement and to bind the party on whose behalf he
or she purports to sign to the terms and conditions hereof.
Pre -Annexation Agreement
Page 5 of 8
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26. Counterparts. This Agreement may be executed in counterparts, each of which shall
be deemed an original, and all of which, when taken together, shall be deemed one and the same
instrument. This Agreement may be executed by facsimile signature; provided that the original
signature page shall be transmitted to the other party by regular mail within ten (10) days of such
facsimile signature.
27. Notice. All notices required under this Agreement shall be in writing and shall be
sent by hand -delivery, facsimile transmission, or registered or certified mail, return receipt requested,
postage pre -paid, to the addresses of the parties set forth herein. All notices by hand delivery or
facsimile shall be effective upon actual receipt. All notices by mail shall be considered effective
seventy-two (72) hours after deposit in the United States Mail with the proper address as set forth
below. Either party by notice so given may change to address to which future notices may be sent.
Notice to the City:
With copy to:
Notice to Petitioner(s):
With copies to:
City of Glenwood Springs
101 West Eighth Street
Glenwood Springs, CO 81601
Fax (970) 945-2597
City Manager
City Attorney
101 West Eighth Street
Glenwood Springs, CO 81601
Fax (970) 945-2597
Glenwood Caverns, Inc.
and/or POW, Inc.
c/o Steve Beckley
508 Pine Street
Glenwood Springs, CO 81601
Glenwood Tramway, LLC
Address: c/o Charles Peterson
302 So. 8th St., Suite 325
Glenwood Springs, CO 81602
Susan B. Hillyard, P.C.
540 Main St., Suite 108
PO Box 808
Delta, CO 81416
Pre -Annexation Agreement
Page 6 of 8
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and: Glenn D. Chadwick
Beattie & Chadwick
710 Cooper Avenue, Suite 200
Glenwood Springs, CO 81601
28. Gender. Whenever the context shall require, the singular number shall include the
plural, the plural the singular, and the use of any gender shall be applicable to all genders.
WHEREFORE, the parties hereto have executed duplicate originals of this Agreement on the
day and year first written above.
CITY OF GLENWOOD SPRINGS
By:
Don Vanderhoof, Mayor
ATTEST:
By:
By:
By:
PETITIONERS
GLENWOOD CAVERNS, INC.
Steve Beckley, President
GLENWOOD TRAMWAY, LLC
Charles R. Pet- .on, Member
Consent by: POW, INC.
Steve Beckley, President
Pre -Annexation Agreement Page 7 of 8
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this 3rdday ofJuly, 2002, by Steve
Beckley, as President of Glenwood Caverns, Inc., a Colorado corporation, on behalf of said
corporation, by Charles R. Peterson, as a Member and Manager of Glenwood Tramway, LLC, a
Colorado limited liability company, on behalf of said company, and by Steve Beckley as President of
POW, Inc., a Colorado corporation, on behalf of said corporation.
Witness my hand and official seal.
My Commission Expires:
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
` -b
Notary Public
• The foregoing instrument was acknowledged before me this gA day ofJuly, 2002, by Don
Vanderhoof as Mayor, and by Robin S -Clemons as City Clerk, of the City of Glenwood Springs,
Colorado, on behalf of said City.
•
Witness my hand and official seal.
My Commission Expires:
)faull AC4kt
Notary Public
MY COMMISSION EXPIRES 11/2812005
Pre -Annexation Agreement Page 8 of 8