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HomeMy WebLinkAbout2.0 BOCC Staff Report 05.06.20021 PROJECT INFORMATION AND STAFF COMMENTS w • BOCC 05/06/02 KKS REQUEST: A request for review of an amended Special Use Permit to allow for a Commercial/ Recreational Facility APPLICANT: LOCATION: SITE DATA: ROAD ACCESS: PROPOSED ACCESS: EXISTING ZONING: • SURROUNDING ZONING: • Glenwood Caverns, Inc., JMB Properties, Inc. Glenwood Fairy Caves, approximately .5 miles North of the City of Glenwood Springs 78.83 acre parcel; BLM land to the North and West of the property Transfer Trail Pulse Gondola Agricultural/Industrial (A/I) Open Space (OS); City of Glenwood Springs I. HISTORY: On April 5, 1999, the Board of County Commissioners approved a Special Use Permit application for JMB Properties to allow for a Commercial Recreational Facility/ Park in the Agricultural Industrial (AI) zone district. This approval granted the current use for the Glenwood Caverns and Historic Fairy Caves operation. II. DESCRIPTION OF THE PROPOSAL: The applicant wishes to modify the existing Special Use Permit to expand and create additional uses on the property and provide a different means of transportation to the site. The applicant is proposing to construct a 4,300 foot long tramway that would originate from a three (3) acre parcel in Two Rivers Plaza and would extend to a 9,400 square foot visitor's center at the top of the cave property. The initial phase of the tramway will include 8 gondolas in 4 groups of 2. The ultimate build out for gondola capacity is 36 gondolas in 12 groups of 3. Each gondola car has the capacity to handle 6 passengers. 1 • • Quick math: • Initial build out will be able to handle 48 passengers on each trip to the site which is approximately 250 people per hour. The round trip time for each individual gondola will take approximately 14 minutes (7 minutes up and back). • Maximum build out will be able to handle 216 passengers on each trip to the site, approximately 540 people per hour, with the round trip time being the same as listed above. The visitor's center is proposed to include an open 'deck, retail shop, food and beverage services, a meeting room, and office space. A more detailed list of proposed and future uses for the site is listed in Section V (A) within the body of this report. HI. RELATIONSHIP TO THE COMPREHENSIVE PLAN: According to the Garfield County Comprehensive Plan Study Area 1 district map, this site lies in a Medium Density Residential Area which recommends 6 to less than ten acres per dwelling unit. Some relevant comp plan goals are as follows: A. Section 4.0 Commercial and Industrial Uses Goal: 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 the citizens of Garfield County. The applicant is proposing to improve access and amenities to a historic tourist attraction that will build upon the prevalent tourist economy within the City of Glenwood Springs and Garfield County. B. Section 4.2 Commercial and Industrial Uses Objective: To ensure that commercial and industrial development are compatible with adjacent land uses and mitigate impacts identified during the plan review process. Historically, the applicant has had issues with adjacent land owners in the past regarding the maintenance and the amount of dust created by utilizing Transfer Trail to access the site. By installing the tramway, the applicant will significantly reduce the impact to that roadway. C. Section 4.5 Commercial and Industrial Uses Objective: 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. The proposed tramway mode of transportation has proven to be a safe and efficient mode of public transport that is pollution free and has low energy • 2 • • consumption. The tramway base is located on the existing Glenwood Springs bus route, providing more mass transit opportunities for potential users. IV. REFERRALS/ APPLICANT RESPONSE: Division of Wildlife- Sonia Marzec, District Wildlife Manager, responded to this application with suggestions including the use of bear -proof trash containers, vegetation reclamation, and wildlife education. See attached letter, Exhibit A. Garfield County Vegetation- Steve Anthony, Director of Vegetation Management, provided comments regarding a vegetation management plan, noxious weed inventory, and a request for the applicant to monitor noxious weed intrusion. The applicant has met with Steve Anthony and both parties have agreed to work together towards weed mitigation throughout the life of the project. See attached memo, Exhibit B. Garfield County Sheriff- Jim Sears responded to this application with safety and accessibility concerns. His comments are as follows: "Special Use Permit does not address accessibility concerns to the building at the cave site. Theapplicant states in their application that 'the applicant is limited to seasonal operal:ion due to limitations in operating the van shuttles on snow -packed roadways.' If year round operation is permitted, what plans would be in place to allow emergency vehicle (fire, EMS, law enforcement) access to the site during winter months?" Glenwood Springs Rural Fire Protection District- Ron Biggers, Fire Protection Analyst, responded to this applications with several comments regarding ingress/egress, water supply, hydrant locations, FDC locations, sprinklers, fire alarms, fire extinguishers, kitchen hood fire protection, knox box, and wildland fire. See attached letter, Exhibit C. Colorado State Forest Service- No comments received. Colorado Department of Transportation- No comments received. Bureau of Land Management- No comments received. City of Glenwood Springs- No formal comments have been received, however, the Glenwood Springs Planning Commission Staff Report has been included as Exhibit F. The Glenwood Springs Planning Commission approved the project by a 4-3 vote with 14 conditions. The specific conditions of approval will be available at the meeting if the Board wishes to review them. The applicant has responded to the concerns listed above by Vegetation Management, Glenwood Springs Rural Fire Protection District, and the Garfield County Sherriff . Please see attached letter dated April 22, 2002, Exhibit G, by Chuck Peterson. • 3 • • • • • V. PROJECT INFORMATION/ STAFF COMMENTS: A. PROPOSED ACTIVITIES ON SITE: The applicant has indicated several proposed and future plans for the property. The immediate proposed uses for the property include the installation of the Gondola top station for loading and unloading of visitors and a 9,400 square foot visitor's center that will be used for retail, concession services, and public restroom facilities. The concession area is approximately 1,800 square feet with a 2,500 square foot deck. Additional activities to be offered on the site include a covered picnic area, nature trails, gemstone sluice mining, geode cutting, astronomy observatory area, and a fossil dig. It should also be noted that the passenger gondolas will be able to accommodate bikes so individuals may ride down Transfer Trail. Future plans for the site include upgrading the restaurant within the visitors center to be a more full service establishment. The entire food service area includes 60 seats for food and 40 seats for food and alcohol. Currently, the limits on the restaurant are based upon septic constraints. The restaurant will be upgraded once sewer is tied into the City of Glenwood Springs sanitary services. Should the applicant choose to upgrade the facility in this manner the Board of County Commissioners will have an opportunity to review the proposed change pursuant to Section 9.03.05 of the Zoning Regulations. By agreeing to this review, the applicant will not have to undergo another amended Special Use Permit review process. B. WATER: The applicant has provided a letter from Robin Millyard, Public Works Director for the City of Glenwood Springs, stating that the City can and will serve the Glenwood Caverns use. The physical water tap will be located on Lot 1 of the Two Rivers Plaza Subdivision and the applicant will transfer the water from that location to its point of use. The City will require, however, that the applicant enter into a pre -annexation agreement in exchange for allowing the water to serve property outside the corporate limits of the City. C. SEWER: The applicant has provided ISDS design plans for three individual systems. System A will handle wastewater from the men's restroom; System B will handle wastewater from the women's restroom; System C will handle wastewater from the paper service restaurant/bar kitchen, employee bathrooms, and a caretaker's unit. Michael Erion of Resource Engineering has reviewed the ISDS design and has determined that the design requires State Site application approval and a Discharge Permit due the close proximity of each leach field to one another. If the design is intended to be exempt from State Site Application Regulations then the design flow should be less than 2,000 gallons per day and the leach fields should be separated by at least 360 feet. The current design of leach field layout has a separation of approximately 50 feet between each leach field. Michael Erion also stated that the potential amount of water discharged over the leach field area significantly exceeds the annual precipitation and could result in localized slope stability problems. This issue should be analyzed and addressed by a geotechnical engineer. Please see Exhibit D for Michael Erion's letter dated April 23, 2002. As a result of this letter, Deric Walter of High Country Engineering had responded to the application, see Exhibit H, with the impression that a State Site Application and Discharge Permit is 4 • • unnecessary. Michael Erion has responded again to Deric Walters comments, see • Exhibit I, and continues to feel that this is a requirement. • • Additionally, it appears by virtue of the overall ISDS design, the visitors center will have a maximum per -day capacity of individuals that can access the site. By rough calculations, Staff estimates that the current ISDS design has the ability to handle 1,100 people per day without overflowing the system. The applicant has not represented thus far how the limitation of visitors will be achieved. Providing more information regarding this subject will be included as a condition of approval. D. HOURS OF OPERATION: The hours of operation for the site will be from 8:00 a.m. to 10:00 p.m. Sunday thru Thursday, and from 8:00 a.m. to Midnight on Fridays and Saturdays. The applicant has indicated that these hours would be what they would like to start with, however, the hours may be decreased based on demand. E. LIGHTING: The applicant has indicated that the site will be developed to minimize light pollution by providing only low level surface lighting at the newly proposed building. The gondola cabins and individual tramway towers will not be lighted. The applicants have also represented that they will adhere to the City of Glenwood Springs municipal lighting code. F. EMERGENCY MANAGEMENT PLAN: It should be noted that the design, construction, maintenance, and operation of the Glenwood Caverns tramway is reviewed and approved by the Colorado Passenger Tramway Safety Board (CPTSB). This Board is responsible for reviewing the evacuation plan, lift maintenance, operator training, record-keeping, and ensuring that the tram has an independent power source to drive the lift in the event of a power outage. The applicant has submitted a letter regarding the standards of the CPTSB. Please see Exhibit E. Tramway approval from this board will be included as a condition of approval. Additionally, as noted in Exhibit F, the applicant has committed to maintaining Transfer Trail in the winter months through snow removal so that emergency vehicles can access the site. Emergency medical services can also use the tramway for faster access and tramway carriers are designed to be ADA accessible. G. ACCESS EASEMENTS: The applicant has obtained legally adequate long-term access easements for all of the proposed towers of the tramway. VI. GARFIELD COUNTY ZONING RESOLUTION: Section 5.03 Conditional and Special Uses states, 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: 5 • • (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; Water to this site will be provided for by the City of Glenwood Springs and sewer service will be accommodated through the use of an ISDS system. (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; The traffic generated for this use will be directed to Lot 2 of Two Rivers Plaza for parking accommodations. The applicant has indicated that the parking lot located at Two Rivers Plaza will consist of 118 spaces and will also be able to accommodate bus traffic. Individ>>als will then ride a pulse gondola to the caverns attraction. (3) Design of the 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; The profile of the tramway has been designed so that the gondolas will pass above the existing trees, thus minimizing the visual impact of the hillside. The proposed building is to be constructed along the slope of the hillside and is largely screened by surrounding vegetation. The applicant has indicated that the building will be painted with earthtones, and tramway towers will have a grayish tone to reduce reflexivity. As mentioned earlier, the interior of the gondolas will not be lighted, nor will the tops of the tramway towers. The only lighting that will be used on the site will be low level surface lighting at the building. VII. SUGGESTED FINDINGS: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that 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. 6 • • • VIII. RECOMMENDATION: Staff recommends APPROVAL of the special use permit, based on the following conditions: • 1. All representations of the applicant made in the application and during the public hearing shall be considered conditions of approval, including but not limited to: a. Hours of operation will be from 8am -10pm Sunday thru Thursday and 8am -12am Friday and Saturday b. The tramway towers and cabins 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. Activities offered on the site will be 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 ultimate 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. 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 before a Special Use Permit will be issued. The applicant must have a valid operators license from the Colorado Tramway Safety Board 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 Steve Anthony, 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 Sonia Marzec's referral letter dated April 16, 2002: a. There shall be no outside storage of any trash or garbage anywhere within the property, with the exception of bear -proof trash containers 7 • • • • • b. Refuse kept in non bear -proof containers should be kept within secure structures that are not likely to be broken into by bears c. There shall be no dumps or underground disposal of refuse on site d. Except for bird feeders, the feeding, baiting, salting, or other means of attracting wildlife to site is prohibited e. Bird feeders should be strategically placed to avoid being an enticement for bears f. Tourists and other users to the site should be made aware of the local wildlife community by utilizing information provided by the Division of Wildlife. 6. The Special Use Permit will last as long as the applicant has possessory use of the access easements to the cave property. 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 Department of Health shall approve the proposed ISDS design or decline permitting authority before a Special Use Permit is issued. 10. The applicant shall be limited to per day capacity of 1100 people. The applicant shall submit a plan 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. 11. Any modifications of this use, with the exception of restaurant upgrading, will require an amendment to the Special Use Permit. 12. All conditions set forth in Resolution 99-065 shall be rescinded once a Special Use Permit is issued. 8 EXhib4- A • STATE OF COLORADO Bill Owens, Governor DEPARTMENT OF NATURAL RESOURCES • DIVISIoON OFYER WILDLIFE AN EQUAL OPP • • Russell George, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 April 16, 2002 Garfield County Building and Planning 109 8th Street, Suite 301 Glenwood Springs, CO 81601 RE: Glenwood Caverns Special Use Permit/Amended Application Dear Ms. Schlagel: For Wildlife - For People As a referral agency for your department, the Colorado Division of wildlife, appreciates the opportunity to comment on the Glenwood Caverns Special Use Permit and Tramway. We believe that wildlife and wildlife habitat are in import part of the community. The promotion of nature tourism, outdoor recreation and education all can benefit the Tong -term economic growth of the county. In order to ensure that the needs of wildlife are met, as well as the needs of the community, it is important for all of us to realize that it is possible to coexist with wildlife. Meeting the future needs of wildlife can be ensured in part by reducing the amount of wildlife related conflicts. The best way to reduce conflicts is to consider wildlife from the beginning when looking at development projects. After reviewing the development application for the Glenwood Caverns Special Use Permit, the CDOW, as a referral agency offers the following comments regarding impacts to the site. THE USE OF BEAR PROOF CONTAINERS Glenwood Springs experiences bear/human conflicts nearly every year. It's likely that some of the bears that cause some of the conflicts inhabit the area near the proposed evacuation trail and the cave site. Now that further development is proposed for this area, steps should be taken to prevent bear conflicts. This is not only a wildlife issue but also a public safety issue. The Glenwood Springs Police Department as well as the Division of Wildlife spends considerable time handling nuisance bear calls which takes time away from other public safety issues. Some suggested wording to be incorporated into the development plan is: > There shall be no outside storage of any trash or garbage, no matter how briefly (e.g., overnight), anywhere within the property (top station & cave entrance), with the exception of bear -proof trash containers. Refuse kept in non -bear proof containers should be kept within secure structures that are not likely to be broken into by bears. The use of bear -proof trash containers is the best method to avoid bear problems. > There shall be no dumps or underground disposal of refuse on-site. > Except for bird feeders, the feeding, baiting, salting, or other means of. attracting wildlife to site is prohibited. ➢ Bird feeders should be strategically placed to avoid being an enticement for bears. DEPARTMENT OF NATURAL RESOURCES, Greg E. Walcher, Executive Director WILDLIFE COMMISSION, Rick Enstrom, Chair • Robert Shoemaker, Vice -Chair • Marianna Raftopoulos, Secretary Members, Bemard Black • Tom Burke • Philip James • Brad Phelps • Olive Valdez Ex -Officio Members, Greg E. Walcher and Don Ament • } • 1 VEGETATION The method of installing the tramway towers by using a "roadless" hand -dug tower pits method and the helicopter placement system of the towers should help minimize any construction -wildlife conflict, as well as the impact to existing vegetation. Native vegetation should be left undisturbed whenever possible. Vegetation disturbed due to construction should be reclaimed using native vegetation. The use of native plants in reclamation and all landscaping will minimize damage by wildlife and prevent the spread of non-native plant species. Weed control measures should be taken through the course of the construction to ensure that invasive weeds are not allowed to spread on or adjacent to the property. Refer to the Garfield County Noxious Weed Management Plan for species of concern. EDUCATION Tourists and other users to the site should be made aware of the local wildlife community. Meeting the future needs of wildlife can be ensured in part by reducing the amount of wildlife related conflicts. The information should be disseminated in a format that is plainly visible to site users. It should stress that everyone has certain stewardship responsibilities that will enable them to coexist with wildlife. The Division of Wildlife can provide much information for this purpose. Thank you for the opportunity to comment on this development project. If you have any questions, please contact me. Sincerely, 111•-) )*Ldec • Sonia C. Marzec District Wildlife Manager Glenwood Springs (970) 947-2934 • • • r' MEMORANDUM To: Kim Schlagel From: Steve Anthony Re: Comments on the Glenwood Caverns Special Use Permit Date: April 10, 2002 Thanks for the opportunity to comment on the Special Use Permit. My comments are as follows: 1. Noxious Weeds A. Inventory and mapping -Staff requests that the applicant map and inventory the property for noxious weeds. B. Weed Management -Staff requests that the applicant provide a weed management plan for the inventoried noxious weeds. C. Monitoring -Staff requests that the surface disturbances around the towers be monitored on an annual basis for presence of noxious weeds and treated if necessary. • • • GLENWOOD SPRINGS FIRE DEPARTMENT April 17, 2002 Garfield County Building & Planning Kim Schlagel 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Dear Kim, FIRE DEPT. COMMENTS ON: GT,FNWOOD CAVERNS SPECIAL USE PERMIT This project poses several interesting challenges should it be approved. This list of comments may be more then you need at this time. However because of the location of this building, some of the items addressed on the list may need to be looked into more extensively to handle and meet 1997 UFC and UBC code requirements for fire protection, then a downtown building would need. 1. Ingress / Egress : This point needs to be addressed especially if the facility is use in the winter and Transfer Trail is not passable to the building. What is the plan to get emergency medical services and or fire response to the building in a timely manner, if Transfer Trail is not passable? Who is to handle a gondola car evacuation should it be needed? 2. Water Supply : Needs to meet fire flow , sprinkler and stand pipe demand as determined by Appendix 3A, 1997 UFC. 3. Hydrant Locations : According to Apendix III -B, UFC 1997 (fire hydrant location and distribution) depending on the construction rating on the building 2 to 3 fire hydrants may be needed at it. uilding. 4. FDC Location : An I -DC connection will be needed on the exterior of the building at good access location for a fire engine. Flow horn and strobe (strobe color red) to be located over the FDC on the outside of building. 5. Sprinklers : Required per/ 1997 UBC and 1997 UFC. 6. Fire Alarm : May -be required because of types of occupancies, 1997 UFC. • • • — 2 — April 17, 2002 7. Fire Extinguishers : Per/1997 UFC, meet with G.S.F.D. Fire Protection Analyst for approved locations. 8. Kitchen Hood Fire Protection : If a commercial kitchen is planned in the building the hood needs a fire suppression system on it (1997 UFC). 9. Knox Box : Required if building is not staffed 24/7. Location close to FDC or near front entrance. 10. Wildland Fire : A wildland fire mitigation and suppression plan may be needed to meet the requirements of Division II, Special Hazards, Appendix II -A (Suppression and Control of Hazardous Fire Areas), Sections 13,14,15,16 and 17. 11. FURTHER COMMENTS TO COME AS MORE DETAILED PLANS ARE RECIEVIED. If you have any questions on these comments please contact me at 928 6033. Sincerely, Ron Biggers ' Fire Protection Analyst Glenwood Springs Fire Department cc. Mike Piper, Fire Chief, G.S.F.D. exp►19i+ 17 '".RES URCE ..... •.... ..... ■..■■ E N G I N E E R I N G I N C. • Ms. Kim Schlagel Garfield County Building & Planning Dept. 109 Eighth St., Suite 303 Glenwood Springs CO 81601 RE: Glenwood Caverns - Special Use Permit Review Dear Kim: April 23, 2002 At the request of Garfield County, Resource Engineering, Inc. (RESOURCE) has reviewed the technical issues regarding the Special Use Permit for the proposed Glenwood Caverns project. The proposed project includes lodging and office facilities near the intersection of Highway 6 & 24 and Devereux Road, office and retail facilities at the Cavern's property, and a tramway connecting the two facilities. We were requested to review the proposed wastewater disposal system. We conducted a site investigation with Steve Beckley and Kim Schlegel on April 2, 2002. SUMMARY The proposed Individual Sewage Disposal System (ISDS), as configured, requires State Site Application approval and a Discharge Permit. The configuration also raises issues related to localized slope stability that should be addressed by a geotechnical engineer. In the event either of the above items presents a constraint for the sewage disposal system, we believe a feasible alternative exists for discharge of the septic tank effluent, which would involve an overhead pipeline. This approach would have several complex engineering design issues. ANALYSIS The base facilities will be served by City water and wastewater facilities. The retail shop, concession services, and public restrooms within the hilltop building at the Cave location are proposed to be served by three separate ISDS, each with a capacity for an average daily flow of 2,000 gallons per day. Our comments on the proposed system are summarized below. 1. The soils observed in the soil profile pits and the percolation rates field tested by H.P. Geotech are adequate for a conventional ISDS system. The soil analysis and percolation testing were conducted for one of the three proposed systems. Based on field observations, it is reasonable to assume that similar conditions will exist for the other two proposed systems. 2. The proposed design flow (2,000 gallons per day per system) and the site layout of the systems (three clustered systems) will require approval of a State Site Application and Discharge Permit for the proposed facilities. 3. If the engineer's intent was to create three separate systems exempt from State Site Application Regulations, then the design flow should be less than 2,000 gallons per day and the leach fields should be located such that they do not have an overlapping "zone of influence". Although the State does not have formal written policies regarding the definition of separate ISDS systems for the same building, the following guidelines have been historically used in evaluating this issue for a single building or single lot project. Consulting Engineers and Hydrologists 909 Colorado Avenue ■ Glenwood Springs, CO 81 601 ■ (970) 945-6777 ■ Fax (970) 945-11 37 • Kim Schlegel Page 2 April 23, 2002 The leach fields for each system must be separated by a buffer, or zone of influence, such that the effluent is not considered cumulative for the systems. The zone of influence is determined by the State as the largest applicable setback as defined in the ISDS regulations. For a leach field, the controlling setback would be to a well or spring which is 100 feet plus 8 feet per 100 gallons over 1000 gallons per day. This results in a zone of influence of 160 feet around each leach field. Therefore, to be considered separate ISDS systems, the leach fields would need to be separated by at least 320 feet. The proposed leach field layout has a separation of approximately 50 feet between each leach field. 4. The proposed leach fields are located on steep slopes (approximately 35%) and are aligned from uphill to downhill in 8 rows. The potential amount of water discharged over the leach field area significantly exceeds the annual precipitation and could result in localized slope stability problems. This issue should be analyzed and addressed by a geotechnical engineer. OTHER COMMENTS In the event that State Permitting issues or slope stability issues create constraints for a conventional ISDS system, the applicant identified a potential alternative approach at our April 2, 2002 site meeting. This approach involves discharging the effluent from the septic tanks into an overhead pipeline supported by cables strung along the tramway towers. The effluent would then be discharged into the Town's central collection system. This approach would have several complex engineering design issues. The submital indicates that approximately 24,000 gallons of storage will be provided at the cave site for peak demands at the upper facilities, landscaping and for fire protection. The submital does not indicate how fire protection will be provided. Please call if you have any questions or need additional information. Sincerely, RESOURCE ENGINEERING, INC. • Michael J. Water Res MJE/dlh 885-12.0 n, P.E. rces Engineer RESOURCE ENGINEERING I N C. • • Glenwood Tramway Company • April 23, 2002 • • Kim Schlagel - Senior Planner Garfield Country Building and Planning 109 8th Street Suite 303 Glenwood Springs, CO 81601 RE: Glenwood Caverns Special Use Permit Dear Kim: The design, construction, maintenance and operation of the Glenwood Caverns tramway will be reviewed and approved by the Colorado Passenger Tramway Safety Board (CPTSB), which is a part of the State of Colorado Department of Regulatory Agencies. The Board is responsible for the review of all phase of tramway operations including operator training, lift maintenance, record-keeping, modifications and evacuations. The CPTSB has the reputation as being the most stringent enforcer of tramway rules in the world. This is no exaggeration. The CPTSB code has very strict evacuation standards. The Code requires that a very detailed evacuation plan be prepared. The CPTSB inspectors require that the plan be demonstrated at the time of licensing and the plan is reviewed twice per year to determine if the plan is still functional. There are strict recordkeeping standards to document training of personnel and proper maintenance of all evacuation gear. As required by the CPTSB, the lift will have an independent power source to drive the lift in the event of an electrical power outage. This auxiliary power unit must be tested weekly and used to drive the lift for a minimum of 30 minutes per month. All operations must be documented and presented to the CPTSB inspectors during their annual and unannounced inspections. Thank you for your detailed review of this requests and please feel free to call me if you need additional information. Sincerely, GLENWOOD 1 RAMWAY COMPANY Charles Peterson, P.E. Manager 302 8th Street, Suite 325 • P.O. Drawer 16o • Glenwood Springs, CO 81602 • (970) 945-2236 • FAX (970) 945-2977 • LUl'. U6:15 HCl l;l u, GLENWUUD SPRINGS FAX NO. 97452597 P. 02 Planning Commission Report Date: April 30, 2002 To: Planning Commission From: Patti Haefeli Subject: #09-02 Lot 1, Two Rivers Plaza REQUEST: Consideration of a request for: • Major Development • A Special Use Permit for a tram within the C-1 and HPOZ Zone Districts. • Zoning variances for building heights within the C-1 and HPOZ Zone Districts. • Request for easements • Design variances for sidewalk widths • Relocation of water line and related easements APPLICANT: Chuck Peterson OWNER: Caverns Plaza, LLC • LOCATION: ZONE: Lot 1, Two Rivers Plaza C-1, Limited Commercial • In the fall of 1999, the City of Glenwood Springs adopted a comprehensive hillside preservation ordinance regulating development within specified sensitive areas within the City, The hillside preservation ordinance has two primary components. First, it designates and defines the areas that the City considers sensitive for protection and special consideration. This is what is known as the Hillside Preservation Overlay Zone (HPOZ). Second, the hillside preservation ordinance established a Special Use Permit procedure and review criteria for development within the I-IPOZ. As with all special use permits the goal of the review criteria is to ensure that development impacts are minimized, both on and off site, to protect the particular values of a zone district. In this instance the review criteria is designed to minimize the an and off site impacts of development within the HPOZ. As this request is a Special Review within the City and the County, the review process may exact or restrict beyond the Code's minimum requirements. The Special Review process addresses compatibility with the surrounding lands and the City's adopted plans and policies. This is a very important aspect of the review process. Page + 1 n n Page 1 of 20 HYK-JU- UUe 1 Ut. W:15 HCl UllY OF ULE=NWUUI SftIN(S FAX NU. 9 ( 452b9(ii, F. U3 • DEVELOPMENT CONSIDERATIONS: HOTEL WITH ASSOCIATED COMMERCIAL COMPLEX AND TRAM WAY BASE STATION • • ZONING: This proposal is within the C-1 Zone District that has a 35 foot building height limitation. The applicant is requesting relief from this requirement to allow a 61 -foot structure. This request would require a variance from the zone district height limitation. The proposal would also locate three towers within the C-1 zone district and two within the HPOZ. The three towers within the C-1 Zone District will be approximately 32, 44 and 78 feet tall. The extreme height of the third tower is due to the severe grade change from the flat graded area adjacent to the base of the mountain and the steep rise of the mountain. The HPOZ towers are approximately 23 and 34 feet tall. The HPOZ has a maximum building height of 27 feet. The remaining towers average height of 45 feet with the exception of one 70 -foot tower approximately half way up the mountain. The towers need to have a 25 -foot clearance from the trees below to accommodate the gondolas. PARKING AND SNOW STORAGE: The application shows 118 parking spaces. The applicant believes that due to the shared nature of the proposal that this will adequately serve the retail space, the future hotel and the tramway users. The applicant has submitted a parking analysis based upon: Use # of spaces 68 Room Hotel 68 10,000 square feet of retail 25 4,000 square foot restaurant 40 Tramway base station Parking for the 9,500 sq. ft. visitor center ? Parking for visitors to cave and other visitors to the site Total: 133 The 118 spaces are 15 spaces Tess than what would be required for the base facilities of hotel, retail and restaurant when these uses are considered individually. The 133 parking space number does not include the tramway users or the additional impacts the upper mountain visitor center with a restaurant, retail, offices and meeting room that may have special events. Staff has done 4n approximation of the parking spaces that would be needed for the uses on the top of the mountain. The offices, retail and restaurant including outside seating on the deck, the special events room and outside deck would potentially create an additional 62 parking space deficit. This proposed project would have a total shortage of 75 parking spaces for the entire project. The project is potentially 40% deficient in the parking requirement per the Code. The applicant indicates that there may be people who just use the tram and those that will use the caverns. This parking analysis does not address any additional impact that the cavern users may have on the project. This may create a parking deficiency, which may even exceeds the 40% deficiency. Page 2 of 20 • • • ArK-Ju-UU FUh. ud:lu All lir GLENWUUU SPRINGS FAX NO, 9752597 P. 04 The applicant contends that up to 30% of the required parking can be mitigated due to the shared use and the proximity to transportation. Staff conducted some research into this concept of shared parking due to uses and proximity to transportation. The City of Boulder would allow for a maximum of only 25 reduction with the combination of mixed uses and proximity to mass transit. The City of Portland used a 10% reduction due to close proximity to mass transit. It should also be noted that both these jurisdictions have an aggressive TDM program already in place and have the highest per capita transit rider ship in the country. The applicant has stated that there will be 8 cars carrying up to 6 passengers each with the potential of transporting 250 people an hour. Incorporating the applicant's assumption of 2.5 passengers per vehicle, at maximum capacity, the tram may require 100 parking spaces just for transporting cave visitors. This number does not include parking for the other existing uses. The proposal speaks to limiting employee parking during high usage periods. The apparent question is where will these employees park? Is the applicant proposing to provide incentives for their employees to use mass transportation? The applicant states that they will encourage mass transit use via the methods listed in their suggested findings, The applicant has submitted their estimates parking demands based upon their analysis. The report makes some assumptions with respect to uses, time of year and the shared parking requirements of these uses. This analysis is based upon the base station uses and does not include any of theuses that will occur on the mountain. This is an unusual project and staff would have a better comfort level if the applicant were to submit a report done by a consultant who is familiar with this type of mixture of uses. It was noted by the Commission that such an autonomous consultant may be hard to find due to the uniqueness of the project. Staff concurs that the project is unique and that is why staff would prefer a report prepared by art independent, unbiased source rather than the applicant. These concerns are still unresolved; staff has requested input form the City Engineer. Please review the City Engineers enclosed memo. In additional to the City's Engineer's concern, staff does not understand why the retail -parking figure drops during the noon hour. From personal experience, the noon hour is a time when people run retail errands. The hotel parking requirements drop dramatically during the mid day hours, The applicant has represented that 30% of the visitors will walk to the base facility from adjacent hotel uses. , It is consistent with this figure to assume that guests at the applicant hotel would be more or less likely to use pedestrian facilities or mass transit. Furthermore, if one Page 3 of 20 • AIJK-jU-UUP TUE U8:16 An CI .Y Oh GLENWOOD SPRINGS FAX NO. 97 52597 P. 05 of the stated goals is to have tourists stay longer than one night, then the spaces will have greater potential to remain occupied throughout the day. The following are the GSMC Code provisions applicable to this application. 070.050.050 Procedure and Administration A. Parking elan required Except for sin le -family and two-family dwellings, no use. requiring a parking area shall commence without the Planning Director's review and approval of a parking plan. The minimum requirements for a parking plan shall be a drawing to scale upon substantial paper or cloth with sufficient clarity to indicate the nature and extent of the proposed improvements and to show in detail that they will conform to the provisions of this Article. The parking plan shall include, where deemed appropriate and necessary by the Planning Director: delineation of parking and loading spaces, the circulation area necessary to serve these spaces, curb cuts, dimensions and material of screening and/or landscaping, proposed treatment of drainage and grading, surfacing and sub -grading improvements, fire lanes, specifications for signs, wheel stops, lighting, snow storage, handicap spaces and facilities and other pertinent details. B. Appeal, The Planning Director shall determine compliance of a required parking area with the provisions of this Article. Any person aggrieved by a decision of the Planning Director in the course of the administration or enforcement of this Article shall have the right of appeal to the Planning and Zoning Commission in accordance with the provisions of subsection 070M10.050. 070.050.060 Number uired. A. General provisions. 1. Off-street parking spaces shall be provided according to the following schedule for all uses unless otherwise provided in this Code. 2. When any lot or combination of tots is used for more than one type of uge as described below off-street parking spaces and area shall be provided according to the sum of the standards for all the various uses. 3. When the computations for off-street parking spaces result in a fraction. the next highest integer shall apply, and off-street parking spaces shall be provided in a number equal to such integer. B. Use category: residential and lodging uses, 5, Accommodation units: hotel, 1 per separate unit for temporary or long- term motel, rooming house. Lodge accommodations including management and employee unit. D. Use Gate or : commercial uses Page 4 of 20 • HYK—,iU—ZUUe Wt. Uti; lb HIl U11 Lit' ULr.NWUUV bFK!NliS I (-1X NU. y(U 4bZbUi V. Ub il l 3. Retail sales business for sale 2.5 spaces per 1.001) sq. ft. of goods 4. Indoor restaurant, bar or tavern l per 100 square feet of floor area handling sale of food or beverages or both primarily for consumption premises 5. Outdoor restaurant. bar or 1 per 200 square feet of outdoor floor area tavern providing food or beverages or both to customers in an outdoor area F. Other uses. For uses not specifically listed herein but which. in the opinion of the Planning Director. are comparable to uses listed herein, the use classification shall be that classification most similar to the proposed use. For uses not specifically listed herein and which, in the opinionoft e Planning Director. are not comparable to any use _ listed herein, khe Planning Commission shall. recommend and City Council shall establish the minimum off-street parking requirements based on: the similarity of the use to those uses enumerated above. the zone district of the property, the need for off-street parking in the area where the propertv_is _located. the nature and extent of use by the public of thero erty, the number of em + In ees who will work on the sub'ect + ro e and for active recreational areas and similar uses. the use capacity of the area_ Any person aggrieved by a use classification decision of the Planning Director shall have the right of appeal to the Planning Commission in accordance with the provisions of subsection 070.010.050(A). It is the opinion of the Director of Community Development that this project does not meet the minimum standards set forth by this section of the Code. Furthermore, the City Engineer is questioning the assumptions stated in the applicant's report. Staff acknowledges that there is a shared parking component and that mass transit will be 'used by some of the visitors, but does not believe that 120,000 annual guests will be adequately be accommodated on this site as represented in the application. TRAFFIC: The submitted traffic report does not address the restaurant use. FIRE PROTECTION: The project is within the City's Fire District. The Fire Department has some of the following concerns: The applicant should construct road improvements to facilitate.access to the site, especially during the winter. In the event of a fire, will the proposed 20,000 plus water storage meet the two hour1,500 gallons a minute for two hours requirement? Some water requirements may be mitigated with building materials. An emergency plan addressing wildfire mitigation and suppression plan needs to be submitted. on the Page 5 of 20 APR-3U-2UO2 TUE 08:16 AM CI IoOF GLENWOOD SPRINGS FAX NO. 97652597 P. 07 • DRAINAGE: The applicant has provided a drainage pian prepared by an engineer. Staff has some concerns about the proposed drainage and detention on the site. It appears that the applicant is not providing for adequate on site detention other than the parking lot. The applicant does not want to lose some of their spaces to accommodate this on site detention. This application appears to be deficient in required spaces for all of the proposed uses and the applicant is proposing to further impact additional close in spaces with storm water detention. DEDICATIONS: This application will be subject to the City's emergency impact fees for the development that occurs within the City limits. ZONING VARIANCES: The applicant is requesting to construct a building that will exceed the 35 -foot building height within the C-1 Zone District. The proposal is depicting a 61 -foot tall hotel and two tram towers that would be approximately 44 and 78 feet tall. The applicant is requesting a height variance within the HPOZ for one of the towers in this district. One tower will exceed the 27 -foot height within the HPOZ by 7 feet. DESIGN VARIANCE: The proposal is requesting that the sidewalk along Two Rivers Plaza Road receive a variance for a 6 -foot sidewalk with a 3 foot planting 1111 median as opposed to the required 8- foot width and 5 foot planting strip. REQUESTS FOR EASEMENTS: The proposal will require easements from the City where the tram crosses City lands. • HPOZ: Special Review: Two of the tram towers are Special Review within the HPOZ. The structure on the top of the mountain is outside the City limits, however the whole project needs to be considered when reviewing this application, as one is dependent on the other. The goal of the HPOZ is to ensure sensitive hillside development. The intent of this overlay zone should be extended to the development outside the City as it will effect the visual quality of this mountain and rf this project was within the City limits these standards would be applied to this proposal. The HPOZ includes all areas above 6,000 feet in elevation and areas in an excess of 20% slope. The Special Review process has specific guidelines that need to be addressed to ensure that the proposal conforms to the intent of the Code and lends itself to sensitive development of our hillsides. The proposal includes the construction of a 9,500 square foot building on Iron Mountain. The 40 foot tall structure is sited along the ridgeline. The applicant has stated that the building colors will be earth toned and the roof will be a green color to match the surrounding vegetation. Page 6 of 20 • APR-3U-2UU2 TUE 08:17 AN CI OF GLENWOOD SPRINGS FAX NO. 97452597 P. 08 The structure will be visible from the downtown core area. It will "skyline" or break through the ridge from 8th St. to 12I' St. After that point the visitor center will be visible, but will have the mountainside behind it to serve as a back drop. The building will be visible and skyline from some areas of West Glenwood, The HPOZ criteria are as follows: 1. Is the project designed to fit the existing topography and minimize disturbance to natural features? Tramway: The application states that the towers' foundations will be hand dug and that the pole heights have been calculated to ensure that most of the vegetation will remain. These two practices will be very important to help mitigate the impacts of the tramway. Visitors' Center: The location to the visitor's center has been disturbed previously. The majority of the proposed building is located on this area, but it still would create some additional disturbance to the site. 2. Does the development seek to avoid significant intrusions into views from neighboring residences? NA Are proposed buildings, parking carports and landscaping arranged so that the view corridors are not significantly affected? The Towers: The towers will be visible from most parts of the City, The upper view of Iron Mountain will be changed from an undeveloped hillside to a hillside with towers and cable cars operating during the day and into the evening hours. The applicant is requesting that hours of operation be extended to 10:00 pm during the week and 12 am during the weekends. Does this time frame include the transportation of employees? During evening operation, the applicant has stated that they cable cars will not be lit and will blend into the hillside. The development on this hillside will alter the character of Iron Mountain. The Visitor Center: The visitor center will be 80 feet long and 50 feet wide with the height of 40 feet. In the rear of the building, there will be a cover for the tram that will exceed the building height by another 7 feet. The 80 -foot frontage is angled to the northeast aligning along the ridgeline. Staff is of the opinion that the location of the structure should be reviewed to mitigate the visual impacts of this large structure. Staff understands the Page 7 of 20 • HrK-�u-zuuz TUE U8:1( M C l ' OF GLENWOOD SPRINGS FAX NO. 9752597 P. 09 applicant chose this location due to the available views of the countryside and downtown Glenwood. Staff believes that if the building was located more to the north, the applicant wouid still have wonderful views, but the structure would not skyline the ridge. The views from the City are as important as views from the mountain. No landscaping has been proposed with this application_ Staff believes that once the visitor center is constructed, additional Landscaping may be needed to further mitigate this large structure on the site_ 3. Are views from public open space areas, rights -of --way and other public places significantly affected? See comments from question #2. Does the proposed development retain the essential visual qualities of the site? See comments from question #2. 4. Have wide pads or leveled areas been minimized? The Towers: Pads have been minimized. The Visitor Center: The site has already been disturbed. The proposal is attempting to confine most of the development in this area. If the applicant will relocate the structure so that it does not skyline the ridge, additional vegetation may need to be removed. It is therefore important for sensitive site location of the structure to be developed so as to minimize the site disturbance and the visual impacts of the structure. 5. Do roads fit into the existing topography? NA 6. Have drainage and erosion been adequately addressed on-site? No plans for the mountain development have been submitted therefore staff does not know if this project is in conformance with this criterion. 7. Has access to public lands been maintained? The application is not proposing any additional access to public lands. The current access off Traver Trail will still be available. This proposal will reduce vehicular traffic on this road. The applicant currently runs approximately twenty to twenty-five daily round trips during the season. The majority of these trips will be eliminated, 8. Have fire hazards and emergency access been addressed? Page 8 of 20 • AFK-JU-'2U2 CUT; u8:1( AM OIIii0OF GLENWUUD SPRINGS FAX NO, 97n 452597 P. 10 The application states that the tramway passengers will be able to be evacuated. Staff is not exactly sure how that wilt work and would request more detail. The applicant states that in case of a fire, some vans would be available and the visitors could be shuttled to the large SLM parking lot off of Traver Trail and then down the mountain. The applicant intends to run two water lines from the 17,000 -gallon tank. One would be for the commercial uses and the other will be for fire protection. The site is within the City's fire district. The Department has concerns as listed previously in this report. Further mitigation pending the building type of construction may still be required. 9. Does the proposed development avoid hazardous soils and extreme slopes? Towers: The tram does not avoid the extreme slopes of Iron Mountain, however this use is commonly found on mountain hillsides. The applicant will need to mitigate any conditions that will occur due to the development. 10. Can the proposed development be adequately served by City services and utilities? Yes. 11. Will the development place an undue burden on the public to provide services? In the event of an emergency, the City will need to serve the site. Although the site is outside the City's limits there are other areas within the City that are of a comparable distance, nevertheless these developments are primarily residential. This project is a Targe commercial operation with the potential of having to evacuate several hundred people from a confined area with limited vehicular access. 12. The variance granted does not impair the purpose or intent of this Article; and The proposed towers within the HPOZ will service the development on top of the hillside. The proposed visitor center as proposed, does not conform to the intent of the HPOZ due to its 40 foot building height, its overall rectangular mass, its location on the ridgeline that will encourage the building to skyline from various portions of the City and no proposed screening of the structure has been proposed other than existing vegetation. Staff believes that the applicant has the ability to modify some of these design issues that would provide for more sensitive hillside development that this proposal has provided. The proposal functions of the building exceed the scope of the HPOZ. Offices and retail functions seem inappropriate in this environment. They are purely commercial in nature and contribute to the excessive size of the building. Page 9 of 20 • ArK-Ju-2uu2 rug. u8:18 RN C1 ' OF GLENWUUD SPRINGS FAX NO. 97 452597 P. 11 13.A payment, construction and maintenance plan can be agreed upon that does not place an undue burden on the City to provide infrastructure and services to an area not planned for the variance requested; and The applicant will be responsible for all of the above referenced services to the development. 14. Any expenses incurred in complying with this section do not constitute the granting of the variance. These expenses are the sole responsibility of the applicant. The proposed recreational use is a Special Use Permit Review within the HOPZ overlay zone district. Again, compatibility with adjacent uses is part of the review process. The intent. of this zone is to have hillside development done in such a fashion that the development blends into the hillside and minimizes or smitigates its impacts. Although only two towers are located within this zone, staff believes that the intent of this district should be applied to the entire project, as it will impact the views from all over the City. One of the two towers will require a variance from the 27 -foot maximum building height. The application has stated that the towers will be a subdued color and will rise above the vegetation so as to minimize the visual impact of the tram. The applicant further states that the towers foundations will be hand dug, reducing the impacts to the site and adjacent vegetation. The applicant has further stated that the cars and towers will not be lit during the evening operations. Staff acknowledges that these procedures are some important mitigation measures. However, this proposal will forever change the character of this hillside. The applicant argues that iron Mountain was defaced long ago and as a result any further development can not further harm that which is already marred. However, the HPOZ was adopted to stem the tide of insensitive development. The HPOZ serves no purpose if it is ignored in all, which have seen some level of development. As with all special use permits, the goal of the review criteria is to ensure that development impacts are minimized, both on and off site, to protect the particular values of a zone district. In this instance the review criteria is designed to minimize the on and off site impacts of development within the HPOZ. Further, given that the entire project, both inside and outside the City limits, is within the three mile planning radius for which the City has a statutory obligation to include within its comprehensive plan, it is exceedingly difficult to argue that the City does not have a responsibility to evaluate the off site impacts. Accordingly, it is necessary to evaluate the impact of these off site improvements relative to the policies and goals upon which the HPOZ was established. Comprehensive Plan Page 10 of 20 • • Al'K- U-2UU2 TUE U8:18 Ail CIS' OF GLENWOOD SPRINGS FAX NO, 97452597 P. 12 The natural resources of Glenwood Springs are many —its surrounding rural landscape, its rivers, its undeveloped wooded hillsides. its undeveloped ridgelines and scenic views are worthy and needing the City's protection. The scenery and amenities of the region are the root of much economic and social activity in the community. The natural environment should be preserved and conserved, while development managed. Criteria of the HPOZ Are proposed buildings, parking, carports and landscaping arranged so that the view corridors are not significantly affected? Are views from public open space areas, rights-of-way and other public places significantly affected? Does the proposed development retain the essential visual qualities of the site? Staff believes that the project may meet some of the goals and policies of adopted City plans; however, staff believes that this application will set a standard for any future potential development that may occur on our hillsides. Staff believes there should be some further mitigation of this proposal's impacts. Land Use Plan: A distinctive, clearly seen, edge of the community must be developed. 1. Direct development where infrastructure already exists The commercial building on the top of the mountain is supported by some existing infrastructure_ The application will have to pump their water supply to holding tanks and the wastewater will be treated by a septic system that will need to be maintained by the applicant. 2. Directing development where it makes sense and in a manner which minimizes resources. • This development is being directed to a valuable natural resource that may increase year round tourist visits to the City, however does it make sense to place development on a ridgeline? • If this application does makes sense due to our recreational and regional nature; has this application done enough to mitigate the visual impacts? • Has adequate thought been given to the most sensitive placement of the visitor center? • Does it make sense to place a Targe structure on the ridgeline that will be visible and in some locations sky line the ridge? 3. Reduce traffic congestion • This proposal is portraying that many of the visitors will either carpool, use mass transit or walk to the site. It further states that Page 11 of 20 • • • this is an alternative mode of transportation that will reduce automobile traffic to and from the caverns. The caverns currently use vans to shuttle the visitors. This van transportation of clients necessitates 25 round trips a day. These trips will be reduced to a few for maintenance and service trips. • Does the applicant have a plan to use the existing vans to ensure that some of these goals are accomplished? • Is this design truly pedestrian friendly? Comprehensive Plan To maintain a compact urban form, development can be directed to where it makes sense — to development nodes within the urban area. Development can be encouraged within the urban area and discouraged immediately outside the boundary. This proposal is linked with a project within the Urban Boundary, but this portion of the project is definitely outside the boundary. Development is efficient, managed, and addresses the needs of the community. The movement of the passengers via the tram will be more efficient than the current mode of transportation that consists of shuttles transporting up the cavems. The applicant has developed a series of fences on the site to contain the users to specific areas. Some needs of the community may be met by potential increasing Glenwood Springs regional attraction by facilitating transportation to the caves and creating an amenity that will allow visitors to view the splendor of the Roaring For' Valley. Encourage more users of transit and connections between alternate modes of transportation. This project is trying to encourage the use of mass transit and alternate modes of transportation. The natural resources of Glenwood Springs are many —its surrounding rural landscape, its rivers, it undeveloped wooded hillsides, its undeveloped ridgelines and scenic views are worthy and needing the City's protection_ The scenery and amenities of the region are the root of much economic and social activity in the community. The natural environment should be preserved and conserved, while development managed. This project will impact the upper undeveloped wooded hillsides and ridgelines. Is this proposal protecting and conserving while managing development? Is there more that this application can do to protect and conserve our hillsides? Page 12 of 20 HYK-JU- UU lUL Ut3:1y HCl I 11Yur lrLtNWUUV �VK1Nli • MA Nu,u-ZOa r • V. 14 One characteristic of a sustainable community is balance. Glenwood Springs is currently out of balance in many areas, including the number of jobs in the local economy compared to the number of local workers, the number of parks and ball fields in relation to its population, the number of owned homes comparetorented ed to all other mes and �YPes afrw frkers�aghe ed retail and service workersp City should have a more balanced community. This project will create more jobs and diversity the amenities offered to its visitors, however theses job will be in the service industry sector. Flourishing small and medium sized, locally -owned business reinforce civic engagement because the owners are heavily invested in the community This project will enhance an existing locally owned business. Noise and light pollution are significant local problems that detract from the quality of the local experience. The proposal will impact the hillside by the lighting of the visitor center in the evening hours. Staff has not received any lighting pian, so therefore the impacts can not be ascertained. Local housing - This proposal will provide one caretaker unit on the hilltop. Economic diversity — Glenwood Spring's economy is largely dependent upon the amenities of the region. A small portion of the local economy is directly dependent upon local tourism. Most of the balance of the local economy serves the workers of regional hospitality or amenity -based activities... I Most curGlenwood Springnt jobs in the s hastpotential to enhance its are characterized by relatively low wages... hospitality industry with more destination -oriented attractions. This proposal will add to Glenwood Springs designation -oriented attractions. The caverns are note worthy as is the view from the mountain. DISCUSSION: Staff would like to take this opportunity to discuss some of the issues raised by the applicant at the last hearing. The first and foremost issue was the visual representation made by staff by the use of computer graphics. it should be noted that while these graphics may vary with a small margin of deviation, these computer graphics are accurate. Thi s ana s a very important point as staff has used this program in a previous app d will continue to use this data in the future. This issue will be addressed further during Tuesday night meeting. Page 13 of 20 • AI'K-JU-2UU' TUE Ud:1y All Clot OF GLENWUUI) SNKINGS FAX NO. 970 452597 P. 15 The second area for discussion is the applicant's dismissal of the proposed caretaker unit on the top of the mountain. Staff has enclosed a copy of one of the pages from the County's referral that speaks to this amenity. The City is a referral agency of the County's application. The application has some additional information that staff has enclosed herein that the Planning Commission may find useful, Staff believes that this project will be an asset to the regional tourist nature of the City of Glenwood Springs. The caves are a natural wonder, as indicated by many different national publications. The views from on top of the mountain are truly spectacular. There will be many visitors that will just use the tram to take in the magnificence of our wonderful community. Steve Beckley and his wife have taken great care with the development of this natural resource. They have gone to great lengths to preserve the delicate environmental balance within the caves. They have tried to minimize the disturbance to the site. On my site visit, the applicant stated that he will clean up a lot of the trash left from the previous owner. Staff commends Mr. Beckley for all of his hard work and effort in his sensitive development of this great amenity, Staff believes that this level of sensitive design should be extended to the rest of the mountain development. This application will have ever lasting visual impacts on this mountain and on all of our other surrounding natural hillsides. Some of the visual impacts of this proposal can be further mitigated to lessen- their impacts and enhance the City's visual experience. This project will set a standard upon which potential future project will be reviewed; it is therefore imperative that this project be developed with a sensitive and genuine effort to create a quality project that the City will be satisfied with now and in the future. In the original application to the County, the applicant discussed a 40 X 50 square foot building that would step back into the existing slope to limit unnecessary grading and minimize visibility from the valley floor. This application also discussed a "campus style development" with several smaller structures to be developed on the site. The proposed visitor center was to be 3,000 to 5,000 square feet along with a shade structure and gift shop. This application has combined all the uses into one 9,500 square foot structure. The applicant has stated that the building steps back, upon review of the structure the building is a rectangle, the upper deck is narrower, but this would not be defined as a stepped or terraced building. The applicant has stated that this is the only design that works for the site and yet in an earlier application a different layout was considered, one that consisted of several building breaking up the mass of the structure. Staff understands that as project develops, ideas and designs change. In my professional experience, every site has the potential of several design scenarios and no one is absolute. Other tramway alignments, building design and location should be evaluated to ascertain if less hillside impacts can be achieved. Page 14 of 20 • HI'K-JU-aUU 'fUE U8:1 U All C l' ' OF GLENWOOD SPRINGS FAX N0. 971652597 Staff has raised these concerns to the applicant and to the Commission. These issues were not addressed to the satisfaction of the City's Code. Staff is responsible to administer the City Code and this application appears to be deficient is some very important areas of this Code, staff in all sincerity can not recommend approval of an application as currently presented as it does not meet the Code's minimum requirements or intent of our guiding policies and plans. With regret, Staff is recommending denial of planning file 09-02. P. 16 STAFF FINDINGS: 1. The applicant has not satisfactory addressed the parking demands that this project will generate. The applicant has not met the minimum standards base upon the code for the commercial, restaurant and hotel uses. The parking deficient does not account for the tram users, the 9,500 square foot structure on top of the mountain and the caverns which is depending upon this site for its parking. Staff acknowledges the amount of shared use, the potential mass transit users, but the applicant has not provided staff with a comfort level that 118 parking spaces (excluding a few van/bus spaces) can accommodate 120,000 annual visitors. 2. Staff recognizes that the applicant has mitigated most of the visual concerns as they relate to the installation and evening operation of the tram, however, the applicant has riot addressed the goals and intent of the HZOP as it relates to the visitor center on top of Iron Mountain. The placement of a 40 -foot tall structure along the ridge of this mountain does not conform to the intent of the City's HPOZ regulations. 3. The application is requesting variances and special use permits which are held to a higher standard due to their non-conformance and compatibility issues. This higher level of insightful development has not been met in this application. As the entire project is dependent on the approval of these special uses and variances, staff believes that these standards have not been met in this application. ALTERNATIVE ACTION — MAJOR DEVELOPMENT PERMIT The Planning Commission shall: 1. Authorize issuance of a Major Development subject to any conditions which they find necessary to protect the public health, safety and welfare or to ensure compliance with the Municipal Code and the City goals and policies, or 2. Deny the Major Development stating specific reasons for denial. 3. Continue a hearing to a regular Planning Commission meeting in the future. The date of the meeting shall be determined by the Commission upon recommendations from staff, the applicant and members of the public present at the meeting. Nothing herein shall prohibit the Commission from continuing a matter of more than once. In the event the Page 15 of 20 • APK-3U-2UU2 TUE U8:2U AI'1 CI OF GLENWOOD SPRINGS FAX N0, 97652597 P. 17 applicant or members of the public disagree with the number of continuances granted by the Commission or the overall length of a particular variance review, such person(s) may appeal to the City Council. City Council shall have the authority to direct the Commission to change the review period. The Commission shall comply with the City Council's directive. 4. DISCUSSION: If the Planning Commission so chooses to recommend approval of this project, staff has compiled some recommended conditions. 1. As all material representations made within this application are to be considered factual and true. This application states that this will be a phased project. The application includes a phasing schedule. (Enclosed) The applicant will be held to this phasing plan as stated in this application. 2. The approval of this Major Development Permit application will be for the tram base station and the first floor retail only. The construction of hotel will require the applicant to go through the Major Development review process and requested variances at that time. At that time, the applicant will submit one year parking analysis of the site. This analysis will demonstrate adequate parking for the additional 68 -room hotel. The survey will be conducted on several days monthly at mutually acceptable times to staff and the applicant and shall document parking lot- occupancy throughout the day. The parking survey results and tramway user statistics shall be compared to the parking demand projections in the Parking Analysis within this application. If the occupancy is shown to be substantially different than projected needs the assumptions in the parking analysis shall be revised and the size of the future hotel will be adjusted accordingly. 3. Prior to the issuance of the Development Permit, the applicant shall pay a proportional cost of the purchase and installation of a traffic signal at the intersection of Devereux Road and Highway 6, base upon the proportion of the projected increased traffic that is directly attributable to the development of this project. The applicant will revise the traffic analysis within this application to address the restaurant use. 4. The applicant shall submit a adhere to the proposed parking plan components as follows: a. Advertising brochures for the tramway and caverns encouraging the use of public transportation for access to the tramway base. b. Reservation system messages promoting public transportation utilization. c. Employee policy manuals establishing an on-site parking priority for visitors and invitees, with appropriate limitations on employee parking during periods of demand. Page 16 of 2O • APR -30-2002 TUE 08:20 AN CI OF GLENWOOD SPRINGS FAX NO, 97452597 P. 18 d. Covenant restrictions binding all property owners to adhere to the above requirements. The agreement shall allow the City to enforce the terms of conditions if the City chooses. 5. The applicant's activities shall not impact parking in other areas of the City and in particular Two River's Park. At any time in the future, the City may require the applicant to revisit the parking needs of this development if the City believes that the adjacent areas are being negatively impacted by this development. 6. The applicant shall revise their drainage/parking plan to accommodate the on site detention without impacting key parking spaces. The applicant will resolve drainage and snow storage to staffs satisfaction. The applicant twill resolve to staff's satisfaction comments from Public Works and Engineering Department. The revisions shall be submitted and approved prior to the issuance of the Development Permit. 7. Prior to the tram starting operation, the temporary parking lot shall be graveled and not transport mud or dirt onto City streets. Upon completion of the retail space or one year after the tram way operations' commencement the parking lot will be curbed, guttered and asphalted. 8. Prior to the issuance of the Special Use Permit, the applicant shall revise the location of the visitor center so that it does not skyline the ridge from any viewpoint within the City limits. These plans should include grading, drainage and revegetation plan. The revised site plan shall be subject to the review and approval of the Community Development Director. 9. Prior to the issuance of the Special Use Permit, the applicant shall submit a digital visual analysis from at least five viewpoints of the City as determined by the City. These graphics will illustrate both day and nighttime operations and will include the visitor center area and demonstrate that the proposed retail and office operations on Iron Mountain shall not skyline the ridge from any views from within the City. This includes all areas of downtown Glenwood. The analysis shall be subject to the review and approval of the Community Development Director. If the analysis fails to indicate that the entire building is not obscured, then the building size shall be reduced. 10. Prior to the issuance of the Development Permit, the applicant will develop with the City's Fire Department an emergency plan with respect to the worst-case scenario events on both the tram and the mountain top development. Page 17 of 20 • AFK-3U-2UU2 TUE U8:21 All CI Y OF GLENWOOD SPRINGS FAX NO. 97 52597 P. 19 11. Prior to the issuance of the Development Permit, the applicant shall submit samples/details of ail materials and colors used for the entire project for Community Development Directors approval. 12. Prior to the issuance of the Development Permit, the applicant shall submit a lighting plan for both parcels. The entire project shall conform to the City's lighting ordinance; with no light trespass onto adjacent lands. 13.There will be no exterior/interior lighting of the tram, transports or the towers. 14.The Tram and visitor center shall use natural non -reflective colors on the towers, the conveyance, the associated cables and utilities. The transport and all mountain structures will have non -reflective glass. Prior to the issuance of any building permits, staff shall review and approve colors and glazing. 15.The applicant will adhere to the all City's department's requests with regards to utilities prior to the any development of the project. 16.The applicant will work with staff prior to the issuance of the building permit for the retail space with regards to the sidewalk along Devereux Road. The applicant will either install the sidewalk per plans or enter into an agreement with the City with regards to future plans and pedestrian access to the Two River's Park. 17. The tram will be the sole source of visitor access to the upper mountain site. 18.Ail special events will take place during the trams shoulder season and will not negatively affect the site parking requirements. These shoulder seasons will be defined and become part of the Major Development. 19.The development of this site will conform to all sections of the GSMC Code unless otherwise noted in this approval. 20.The applicant shall enter into a pre -annexation agreement far the City water usage outside City limits. 21, The applicant shall allow the City to co -locate their wireless communication equipment on one or more towers. This agreement will be recorded prior to issuance of the Development Permit. 22.The applicant acknowledges that if the facilities proposed are abandoned they will constitute a public nuisance. The applicant shall provide perpetual security in a form and amount acceptable to the City Attorney to Page 18 of 20 • HYk-&U-dUU2 TUE U8:21 AM CITY OF GLENW00D SPRINGS FAX N0, 97152597 P. 20 provide for the removal and reclamation of all facilities both within and without the City if such facilities are abandoned. For purposes of this approval, abandonment shall mean the non-use of such facilities for a period of 180 days. 23.Applicant shall provide all necessary agreements with regards to the joint development within Two Rivers Plaza Subdivision, this shall include without limitations all cross parking, access and snow removal agreements. The intent of this condition is that all agreements necessary to make the project function as represented in the application and verbal presentation shall be completed and provided to the City attorney for review and approval prior top the issuance of the Major Development Permit or any other permit or approval allowing the applicant to proceed with any portion of the project. 24.This approval will be for the current application before the City. Any expansion of any portion of the project will require the applicant to appear before the City at such time. 25.Prior to the issuance to the Development Permit, the applicant shall provide the approval of CDOT to cross their lands and ROW. Currently staff has an informal confirmation that the proposal is under review. 26.The Special Use Permit shall limit the hours of operation to 9 pm during standard daylight time and 10 pm during daylight savings. The will be no more than 200 people on the mountain site at one time. 27. Prior to issuance of the Development Permit, the applicant will provide details for the caretaker unit for staff's approval. Approval of the caretaker's unit shall be subject to the HPOZ criteria. 28. All necessary easements for the tram alignment, utilities, access etc shall be provided prior to the issuance of the development permit. 29. The applicant shall provide a traffic analysis for the vehicle usage and maintenance for Transfer Trail prior to issuance of the Development Permit. This analysis shall address dust suppression and adequacy of access for emergency service vehicles throughout the year. 30.The applicant shall enter into a Development Agreement with the City incorporating representations of the applications and conditions of approval, prior to the issuance of the Development Permit. Staff is not recommending approval of this application. If the Planning Commission chooses to recommend to the Council approval of this application, Page 19 of 20 • • AFK- U-2UU IU. UB:21 AM cl" OE GLENWOOD SPRINGS FAX NO, 97 452597 P. 21 the Commission will need recommend findings and potentially additional conditions for the following aspects of the application. 1. Major Development 2. A Special Use Permit for a tram within the C-1 and HPOZ Zone Districts. 3. Zoning variances for building heights within the C-1 and HPOZ Zone Districts. 4. Request for easements 5. Design variances for sidewalk widths 6. Relocation of water line and related easements Page 20of20 • • �x� i bifi a Glenwood Tramway Company • • • April 22, 2002 Kim Schlagel Senior Planner Garfield Country Building and Planning 109 8th Street Suite 303 Glenwood Springs, CO 81601 RE: Glenwood Caverns Special Use Permit Dear Kim: APR22 2002 We have reviewed the project comments from the various County department and the Glenwood Springs Fire Department and have the following comments: Sheriff Department The cave entrance and proposed construction is accessed via the existing Transfer Trail road. The travel time to the cave from the all weather Traver Trail Road is about 15 minutes. The roadway is graded and graveled and provides year round access to the cave. The operational limitations that prevented year round commercial operations of Glenwood Caverns related to the use of two wheel drive passenger vans and busses. These vehicles are not equipped to safely transport passenger to the cave during winter. Access to the Glenwood Caverns on the Transfer Trail road is permitted by the BLM. Glenwood Caverns maintains the roadway in the summer with their grader. The permit recognizes the need to allow snowmobile access to the Flattops along this road. In order to accommodate the duel use of the roadway in winter, snow is only removed from 50% of the roadway width. Glenwood Caverns maintains a single lane of the roadway snow free all winter with their snow plows and grader. It is their intent to continue this practice to allow for food delivery and emergency access. Therefore emergency vehicles will continue to have year round access to the Caverns entrance after the tramway is constructed. The tramway will provide direct access to Glenwood Caverns from the Two Rivers Plaza. Travel time is approximately 7 minutes. Emergency medical services can utilize the tramway for immediate access to the terminal if needed. The tramway carriers are designed to be ADA accessible. Therefore passengers can be evacuated from the upper terminal in wheelchairs if needed. 302 8th Street, Suite 325 • P.O. Drawer 160 • Glenwood Springs, CO 81602 • (970) 945-2236 . FAX (970) 945-2977 • Kim Schlagel April 22, 2002 Page 2 of 4 Glenwood Fire Department 1. Ingress / Egress. As discussed above, year round access will be maintained to the Glenwood Caverns for emergency vehicles. Travel time by surface vehicles is about 15 minutes from Highway 6&24. Medical services access via the tramway will take about 7 minutes. 2. Water Supply. The City of Glenwood Springs has agreed to supply potable water to the lower terminal of the tramway. The Glenwood Tramway Company will suspend a 1-1/2" diameter fiberglass waterline between the towers to the upper terminal. Water pumped from the base will be stored in a 16,800 gallon tank for domestic and fire fighting use. The water tank will be a sufficient elevation to provide adequate fire flow pressure. 3. Hydrant Locations. The upper terminal exterior walls will be constructed of "Insulated Concrete Forms". Interior structural members will be open web steel joists and girders. Floors will be metal decking with 3-1/2" of concrete. The building appears to be Type II construction. If the building construction rating requires fire hydrants, they will be constructed to the appropriate standards and in the appropriate locations. 4. FDC Locations. The building will be sprinkled. A fire department connection will be provided. 5. Sprinklers. The building will be sprinkled. The design will be performed by a competent specialist and the design will be reviewed and approved by the Fire Department. 6. Fire Alarms. A fire alarm system will be installed. 7. Fire Extinguishers. Fire extinguishers will be_ provided in appropriate size and numbers. The fire extinguisher plan will be submitted and approved by the Fire Department. 8. Kitchen Hood Fire Protection. If a kitchen grill is installed, it will be build with the appropriate fire suppression system. 9. Knox Box. The Fire Department currently has keys to the locked gates on Transfer • Trail which leads to the Caverns. A knox box will be provided. • • • Kim Schlagel April 22, 2002 Page 3 of 4 10. Wildland Fire. The selection of the building materials was influenced by the risk of wildfire. A wildland fire mitigation plan will be developed that may include fuel reduction near the building, a first response fire cache and an appropriate level of wildland fire suppression training. Noxious Weed Control Steve Beckley has spoken with Steve Anthony, Garfield County Noxious Weed Control Officer, to request a review of existing noxious weeds on the property and around the tram towers. Steve Anthony stated that he couldn't inventory the property until the weeds start to grow in about two to three weeks. At that time we will meet with Steve and develop a plan to control all noxious weeds on the property and around the tram towers. Additional Issues Kim Schlagel has also requested additional information about the following topics: Restaurant Upgrade The Current proposal requests a paper service snack bar with the ability to serve alcohol. The entire food service area would only include 60 seats for food and 40 seats for food and alcohol. The limitations on the restaurant are based upon the available septic system. We plan on upgrading the restaurant to a more full service establishment once we tie our sewer into the City of Glenwood Springs facilities. At that time, the County Sanitarian will be informed and his review requested. Activities on property All activities on the mountain are placed within the general area of the visitor's center and tramway terminal. 1. Bike Racks - All cabins will have the ability to transport mountain bikes up to the cave property. We envision the mountain bikers using the tram to access existing trails up to the Flattops. At this time we do not plan on developing any new trails for biking. 2. Nature Trail - We have developed a nature trail that is 100% within our property. The trail was constructed without removing a single tree and terminates at an overlook of Glenwood Canyon. We are working with BLM, DOW and Forest Service to provide educational sign that will allow the visitors to be educated in the local flora and fauna. • • Kim Schlagel April 22, 2002 Page 4 of 4 • 3. Astronomy - At the end of the nature trail at the overlook platform we are planning the installation of a 16 -inch Meade telescope. This will allow for the evening viewing of stars, galaxies and planets. The telescope will be offered in conjunction with an educational program about the stars and planets. Colorado Mountain College is also placing a second telescope on the sight to assist their astronomy students. 4. Geology Area - Rifle high school eliminated their lapidary classes and donated their equipment to the Caverns. We plan on setting up the equipment to allow children to have hands-on experience with Geode cutting, jewelry making, and general geology. 5. Gem Stone panning - We will set up a small sluice box to allow children to pan for gold and gemstones. Bus Transportation Currently, we operate with a fleet of four 25 -passenger busses and two 15 -passenger vans. Once the tramway is operation we plan on retaining one 25 -passenger bus and both 15 - passenger vans. One of the vans is a four-wheel drive and can be used in the winter to transport people off the mountain in case of an emergency. We appreciate the review by the departments. If there are any other concerns, please feel free to contact us. Thank you. Sincerely, GLENWOOD TRAMWAY COMPANY Charles Peterson, P.E. Manager CP/kz • • • AFK-2-U2 C1UN U8:46 HCl H ILiUUUN CKY LNU 1 Nt.LK 1 NU I' Hx NU. 11.1 c.i5 nn r, u l 4110 rev i��• NG/iY E.�P1NG Memo To: Steve Beckley From: Deric Walter CC: Chuck Peterson Date: 4/29/2002 Re: Glenwood Caverns ISDS HCE# 2011112.59 The purpose of this memo is to address the Special Use Permit Review by Resource Engineering, Inc. of the Glenwood Caverns Individual Sewage Disposal System (ISDS) as prepared by High Country Engineering, Inc. (HCE). 1 would like to address each issue individually as raised by the review engineer. 1. Soils: As we previously discussed, additional soils investigation will be required by the geotechnical engineer to verify site-specific conditions and soil stability. 2. 2000 gallons per day design flow: This issue is easily eliminated by reducing the total design flow (6000 gpd) by 15 gpd. This can be accomplished by reducing the number of office employees from 15 to 14, removing one paper service seat or reducing the number of cave visitors to 397. It's a matter of reconfiguring the estimated usage. 3. Zone of Influence: The review engineer was correct in stating that the State does not have formal written policies regarding the definition of separate ISDS systems for the same building or a single lot project. This lack of definition requires the design engineer to assume responsibility for his/her design. HCE's original design was based on the Garfield County approved Rifle Creek Golf Course ISDS system which utilized similar design methodology. Please note that it is the review engineer's opinion of `historic guidelines' that the zone of influence as `determined by the State' is the largest applicable setback, which would be 160 feet for a 2000 gpd septic system. This opinion is evident by the fact that since the State does not have a definition, it subsequently does not have a determination. The purpose of the maximum setback is for the protection of drinking water sources (springs, wells and suction lines). Since there are no drinking water sources within our zone of influence, we are able to base the zone of influence on a lesser, more realistic physical feature, such as a potable water supply line, subsoil drain or dry gulch, with the dry gulch scenario requiring the greatest setback at 105 -feet. Septic systems may even be installed with a minimum separation of 20 -feet if property line setbacks are used. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Telephone (970) 945-8676 - Fax (970) 945-2555 14 Inverness Drive East Suite D-136 Englewood, CO 80112 Telephone (303) 925-0544 - Fax (303) 925-0547 • HYK-29-U2 P1UN U9:48 fin H 1UUUN1'KY NU 1 NEEK 1 NU 1. HX NU. 9(U 45 ?Hbb Y. U2 ii �NG/NE�iP/NC Steve Beckley 2011112.59 April 29, 2002 Setback requirements may be reduced if you were to install an Individual Sewage Treatment System (ISTS) instead of the traditional ISDS. An ISTS is simply a system that adds air or oxygen to the sewage, which increases biological action. Since and ISTS system does not rely on soil treatment and only absorption, the zone of influence is only dependent on the soils ability to absorb and displace the treated wastewater. The geotechnical engineer should be able to provide a recommendation of separation based on the absorption rate. 4. Steep Slopes: This issue may be mitigated by placing all the fields 'side by side' rather than `above or below' each other or increasing the minimum separation between individual absorption trenches. Again, this will need to be determined by the geotechnical engineer. As discouraging as Resource Engineering, Inc.'s review may have appeared, the site does not inherently require a State Site Application approval or a Discharge Permit. HCE recommends that the geotechnical engineer conduct additional site investigation so that HCE may fully design the site's septic component. If you have any questions at all please contact either Roger Neal (project manager), or Deric Walter (design engineer) at (970) 945-8676. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Telephone (970) 945-8676 - Fax (970) 945-2555 14 Inverness Drive East Suite D-136 Englewood, CO 80112 Telephone (303) 925-0544 • Fax (303) 925-0547 Lxl�rt�i�I-� • • EUIIRESOURCE ®®®® irlillelliENGINEERING I N C. Ms. Kim Schlegel Garfield County Building and Planning Department 109 8'h Street, Suite 303 Glenwood Springs CO 81601 RE: Glenwood Caverns - Special Use Permit Review - Wastewater Issues • • April 30, 2002 Dear Kim: At your request, Resource Engineering, Inc. (RESOURCE) has reviewed the April 29, 2002 memo from High Country Engineering (HCE) addressing the review comments in our April 23, 2002 letter. The comments below follow the same numbered comments in the HCE April 29, 2002 memo. 1. Agree. 2. Agree. 3. The Colorado Water Quality Control Division Policy No. WQSA-6, which supplements the ISDS guidelines and the site application regulations, states that multiple ISDS systems from a single structure shall be treated as a single domestic wastewater treatment works, and shall be subject to site application and plans and specifications reviews and approvals, if the combined capacities of the systems are 2000 gpd or greater. The effluent from the ISDS treatment works will be monitored in accordance with the Discharge to Ground Water Permit issued for an approved system. In accordance with State policies, guidelines, and regulations, the proposed ISDS system (6,000 gallons per day) requires approval of a State Site Application, plans and specifications and a Discharge to Ground Water Permit. Michael Erion and Mark Bean conducted a teleconference with District Engineer, Dwain Watson with the Colorado Department of Public Health and Environment (CDPHE) in Grand Junction. The purpose of the teleconference was to review the arguments presented in the High Country Engineering memo to determine if the County can accept the proposed design. As described below, the HCE memo is inconsistent with written State policies, guidelines and regulations, and the County cannot accept the proposed design. The State has an internal unwritten policy which allows for a variance from the site application regulations through the use of multiple exempt (less than 2,000 gallons per day) ISDS systems to be constructed so long as they are adequately separated. The separation criteria is based on non -overlapping of a "zone of influence" defined as the minimum horizontal separation to be maintained from one system's components to springs or wells (based on the design capacity of each system) as described below. The minimum horizontal separation or "zone of influence" for each system would be 100 feet plus 8 feet per 100 gallons over 1,000 gallons per day of capacity. This results in a zone of influence of 180 feet around each leachfield. Therefore, the Ieachfields for each system must be separated by a minimum of 360 feet. There Consulting Engineers and Hydrologists Gr iP r'nlnrado Avenue al Glenwood Springs, CO 81 601 a (970) 945-6777 a Fax (970) 945-11 37 • Ms. Kim Schlagel Page 2 • • • 1 April 30, 2002 is no reduction in this separation requirement for installation of an ISTS system. Based on our conversation with the State, the County does not have the latitude or authority to approve a smaller separation requirement based on site specific technical investigations. Only the State could grant such a variance of the variance for the Site Application regulations. The Applicant should work directly with the CDPHE regarding any variances to the policies, guidelines and regulations. The Rifle Creek Golf Course ISDS system was accepted by the Garfield County Building Department based on the PE stamp affixed to the design. The building department official assumed that the PE stamp indicated that the system was designed in accordance with all applicable policies, guidelines and regulations. Based on HCE's memo, the State will investigate the Rifle Creek Golf Course facility for compliance with state regulations. 4. Agree. In summary, the proposed ISDS system should be reconfigured rto meet the om the CDPHEaboveWcriteria hava or the applicant should obtain the necessary app discussed the above issues with Deric Walter at High Country Engineering. As we discussed, the wastewater flow estimates for the restaurant and the restaurant/bar are related to the number of seats and based on CDPHE standard numbers. It could be possible to overload the wastewater system if enough people used the facilities in a given day. If you assume that each visitor to the mountain facilities generates 5 gallons per day, the proposed ISDS system could support approximately 1,100 visitors per day. It is our understanding that Steve Beckley estimates the Cavern visitors at 400 per day during the peak season. This would allow approximately 700 non -Cavern visitors per day. Given that the tramway will have a capacity of up to 250 people per hour and the facilities will be open for 14 hours per day, it may be appropriate to discuss visitor numbers with the applicant. Please call if you have any questions or need additional information. Sincerely, RESOURCE EN ERING, INC. Michael J. Fr. n, P.E. Water ResSurces Engineer MJE/mmm 885-12.0 kl glenwood cavems.885.wpd CC: Mark Bean Dwain Watson, CDPHE asssessaRESOURCE mnsms es sasss gNffiL!ffi E N G I N E E K I N G INC 1:214- • May 2, 2002 Kim Slagle Garfield County Planning Department 109 8th Street, #303 GWS, CO 81601 RE: Glenwood Caverns Here is a copy of the tentative conditions from'the Planning Commission's hearing held on April 3011'. Please be advised that staff has been directed to appeal the decision made at this hearing. Staff has strong concerns with respect to the deficient parking spaces and the visual impacts of the proposed mountain development. If you have any questions, please call. 928-6005 Res ctfully; Patti Ha i, AICP City Planner 806 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81601 970/945-2575 .FAX: 945-2597 MAY -02-2002 THU 09:24 AM CITY OF GLENWOOD SPRINGS FAX NO. 9709452597 1111 • P. 03 All material representations made within this application are to be considered factual and true. This application states that this will be a phased project. The application includes a phasing schedule. The applicant will be held to this phasing plan as stated in this application by commencing development on each phase on or before the stated date or all subsequent phases will be void. The applicant shall pay a proportional cost of the purchase and installation of a traffic signal at the intersection of Devereux Road and Highway 6, in accordance with the terms of the Two Rivers Plaza Subdivision Agreement between the City of Glenwood Springs and RDS Riverview LLC, dated July 10, 2000, as amended on April 7, 2001 and November 13, 2001. 3. The applicant shall submit and adhere to the proposed parking plan components as follows: 3.1 Advertising brochures for the tramway and caverns encouraging the use of public transportation for access to the tramway base. 3.2 Reservation system messages promoting public transportation utilization. 3.3 Employee policy manuals establishing an on-site parking priority for visitors and invitees, with appropriate limitations on employee parking during peri ods of demand. 3.4 Covenant restrictions binding all property owners to adhere to the above requirements. The agreement shall allow the City to enforce the terms of conditions if the City chooses. 4. The applicant shall revise their drainage/parking plan to accommodate the on site detention without impacting key parking spaces by relocating handicap spaces on the site to areas which do not have any material impact from surface detention. The applicant will resolve drainage and snow storage to staffs satisfaction, it being agreed that snow storage may include removal to an off site location. The applicant will resolve to staffs satisfaction comments from Public Works and Engineering Department which have been provided to applicant. 5. Prior to the tram starting operation, the temporary parking let shall be graveled and not transport mud or dirt onto City streets. Upon completion of the retail space or eighteen months after the tram way operations' commencement, whichever is first, the parking lot will be curbed, guttered and paved. 6. Prior to the issuance of the Development Permit, the applicant will develop with the City's Fire Department an emergency plan addressing both the tram and the mountain top development to the satisfaction of the Fire Department. 7. Prior to the issuance of the Development Permit, the applicant shall submit samples/details C:':t,ty O.xlmihxdlFaui'a (ioanue 1W4O()2\O9.OZ Lot l Two Niro'. Piaa1Cond.DIXYA jjorgyy.t try Star .NC MAY -02-2002 THU 09:24 AM CITY OF GLENWOOD SPRINGS FAX N0, 9709452597 P. 04 • • of all materials and colors used for the entire project for the Community Development Director's approval. 8. Prior to the issuance of the Development Permit, the applicant shall submit a lighting plan for both parcels. The entire project shall conform to the City's lighting ordinance. There will be no exterior/interior lighting of the tram, transports or the towers except as may be required by other governmental authorities having jurisdiction. 10. The Tram and visitor center and all roofs shall use natural non -reflective colors on the towers, the conveyance, the associated cables and utilities. The transport and all mountain structures will have non -reflective glass. Prior to the issuance of any building permits, staff shall review and approve colors and glazing. 11. The applicant will, work with staff prior to the issuance of the building permit for.the retail space with regards to the sidewalk along Devereux Road. The applicant will either install the sidewalk per plans or, if mutually agreeable, enter into an agreement with the City with regards to future plans and pedestrian access to the Two River's Park. 12. if water service to the upper terminal parcel so requires, the applicant shall enter into a pre- annexation agreement for the City water usage outside City limits. 13. The applicant acknowledges that if the tramway is abandoned they will constitute a public nuisance. The applicant shall provide perpetual security in a form and amount acceptable to the City Attorney to provide for the removal and reclamation of the tramway both within and without the City if the tramway is abandoned. For purposes of this approval, abandonment shall mean the non-use of such facilities for a period of 2 years. 14. Prior to the issuance of the Development Permit, the applicant shall provide the approval of CDOT to cross their lands and ROW. 15. All necessary easements for the train alignment, utilities and access shall be provided prior to the issuance of the development permit. 16. The applicant shall enter into a Development Agreement with the City incorporating representations of the applications and conditions of approval, prior to the issuance of the Development Permit. 17. The road access to the site will be limited to emergency , service and handicapped access. 18. Co -location of telecommunication facilities shall be governed as it the towers were existing telecom facility as defined in the GSNCC. C:IMy DooaawelsW avtS, 4,tuiurtit,12002\04.02 Lot 1 Two d or PituitCoutlitiws P.oposedby Slc'r.04 05-05-2002 08:42AM FROM SUNDESIGNS • esio6 0 -1 - April 29, 2002 TO i City of Glenwood Springs 806 Cooper Avenue Glenwood Springs, CO 81601 ATTN: Andrew McGregor, Community Development Director REF: Proposed Glenwood Tramway 945??Ub P.02 Dear Andrew: This is to request that the City delay its decision on the requested special use permit until the', applicant has responded to a number of important issues raisedtniinsg stastaff review. ofour First, let me say that I am a proponent of the tramway and feel that locations is probably the best. But, the City should not have a double standard in its evaluation of applications. It cannot treat "locals"differently than others based upon verbal promises and admonishments to "trust them". As a special use permit request, the City can exact and restrict beyond the code requirements. Not only has the planning commission so far ignored this, but also they seem to be relaxing basic requirements. The application material and staff analysis reveals the following major issues: 1. Parking - The base facility parking is totally inadequate. A rough calculation indicates about half the requirement is being provided. Considering an average in - season day, all the facilities (caves, hotel, restaurant, commercial) could generate 3-4 times the parking need of that being proposed. Shared usage, the bus and walking would hardly solve the problem, and there is no other public parking in the neighborhood that has safe access. No information is provided for mountaintop parking. How much? Private, employee only? Public? The City has a legitimate right to know as it concerns base parking and the Oasis Creek / Transfer Trail roads. 2. Access - Access to the top is only touched upon. Unanswered questions include: Ownershi and seasonable status of Transfer Trail? Grades and spec's that comply with city and emer:enc re•uireznent ? Conflicts with recreational and mtnin activity. oays for cost of improvements and maintenance? All of the above must also be applied to a new road from Transfer Trail to the mountaintop facilities. Garfield County cannot be expected to addressthesconcerns es beyond t own relatedbasic requirements, which will be far short of City's effects. 85-85-2002 88:42PM FROM SUNDESIGNS TO 9457785 F. W Paget April 29, 2002 Proposed Glenwood Tramway igolcar,.) 2©' Fire Protection and Emergency Services - Staff raises the unansweredsn p qurtion tee f n, h year-round access to the top. A aiow demergency o emey unplowed mountain road? 4. Geologic Hazards - Reports are required and n a dee s traits are r the towers and b tram corridor - not just the base facility. Also roads and the state for emer encu evacuation of the tramwa . These elements need to be designed and submitted. Their impacts must be addressed. 5. Drainage - Staff has shown the proposal's inadequacy nificantl t the be downsizingcthe buildings ilities. It is possible there is no acceptable solution short of sig Y orP urchasing more land. Drainage is also a major unanswered issue for the other facilities such as tower roads and an improved transfer trail. at o 6. Variances - Building height, sidewalks, etc. - the City has specific criteria haveis to be met before it can grant a variance. None have been met. All you the applicant's desire to not be held to important zoning requirements. 7. H.P.O.Z. - More than just the towers, two major issues haven't abes ca ddress The d - Cables/Transports (gondolas) and the tramway's commercial towers have been addressed but not the more impactive cables and gondolas. There are many H.P.O.Z. factors that could affect the tramway's acceptance. The H.P.O.Z. allows, as a special use, certain recreationalt sahard s. The deny caves and a thereby the tram has been presented as recreational commercial for-profit function. Adding a restaurant, bar nd marriagefacility use. makes the tramway even less defensible as a recreational, H.P.O.Z.-allowed 8. Hours of Operation - Perhaps the most visually impactive issue will Tbisis the e nighttime glare from moving gondolas and the large mountaintop alone has contributed to denials of similar projects in other communities. The Disneyland-like display of lighting, even if subdued, will light up the dark mountain for up to six hours on winter nights. The hours of operation mut be lightinreexamined. The lighting itself must be strictly regulated, far beyondthe new 9, ode. Mountaintop Building - The very large building has been sited totally for the maximum commanding view of town and the valley. This means it is highly visible. There are many other sites with beautiful views that are less damaging. The architecture of the building is also poorly conceived. The large expanse of reflective glass will render it a daytime eyesore in addition to its nighttime glare. Staff has asked for reconsideration of these major� paw eTie-7*9) 47 3. 85-85-2002 08:43AM FROM SUNDESIGNS TO 9457785 P.8411110 • Page 3 April 29, 2002 Proposed Glenwood Tramway 10. Semi -Truck Service - The tramway is not designed to handle cargo. The mountaintop facility will require daily truck deliveries. These impacts, let alone the means and methods, have not been addressed. Given the scale of the expansion of the current caverns business it is hard to envision less truck and service vehicle traffic on Oasis Creek Road and Transfer Trail, than today's van traffic. 11, City Utilities - Very little information has been provided concerning mountaintop basic services such as water and electricity.addressed. tramway ese utilities exist and pumping of water how, what and where has not been will require tremendous amounts of electricity. Is it our electric system or Xcel (Public Service)? What are the impacts? Is 17,000 gallons of water enough on top? The application indicates Glenwood water. Aside from the issue of supplying water out of district, is it sized for emergencies such as wildfire? And, most importantly, how is the applicant going to get the water to the mountaintop? A pipeline? What and where? Is this another unaddressed major issue? 12. Other City Services - Assuming the base facilities are taken care of, the major issues remaining concern the mountaintop. Police, What aboutfre are the ADAeand other Is this up to the County and the various districts? state and federally mandated laws, regulationsnsterservices?sed the Beyonmatter d City or County responsibility the issue is how has the app qt 13. The Future - In previous meetings, the applicant has indicated a master Ian includint hikin and bikin trails an aline slide and other tourist attractions this is in addition to a destination mountaintop restaurant and bar only loosely connected to the caves. The staff has raised the question concerning the present requests of the City and the long-range impacts to Iron Mountain, North Glenwood and the City. These issues have been left open and unresolved. Hiking and biking trails have been suggested from the mountaintop down to No i Name, the pool and down the tramway evacuation route. This places y hundreds of tourists daily all over Iron Mountain. Is this wise? Should these issues be addressed now before it is too late? .* 14. Wildfire - The applicant has barely touched upon the issue. "It will be difficult to throw a cigarette from a gondola, the top building will be sprinkled", etc. But what about the roads and hiking/biking trails? Iron Mountain has experienced three major firestorms in recorded history, one lastyear. add urban -scale ebuildings, kitchends of people where s and the ere are now just a few, and hundreds of vehicles, like and we have the equation for a major disaster. �—JR �.t�� ,�%y� ,7 ;% %J / 73 /77,9 (/12 G�� ` / i "" 1 05-05-2002 08:44RM FROM SUNDESIGNS TO 9457785 P.05 • • Page 4 April 29, 2002 Proposed Glenwood Tramway in summary, the community is not debating whether or not we want a tramway to the top of Iron Mountain.. With only a public relations campaign and no vote of the people, this issue has been decided. Now the issues are at what cost to the environment and our quality .of life, and who pays for what will ultimately are required. The application for major development, special use, zone variance, H.P.O.Z, relief, easements, design variances and relocation of utilities is incomplete in required information and does not meet the standards of the codes of Glenwood Springs. The staff has clearly pointed out the deficiencies. The applicant has not responded. For this reason alone, the planning commission must table the matter. Sincerely, Dean K. Moffatt, AIA DKM/Idw !!IERESeJURCE ■ ■■■■ ■ ■■■■ E N G I N E E R I N G I N C. Ms. Kim Schlagel Garfield County Building and Planning Department 109 8th Street, Suite 303 Glenwood Springs CO 81601 April 30, 2002 RE: Glenwood Caverns - Special Use Permit Review - Wastewater Issues Dear Kim: At your request, Resource Engineering, Inc. (RESOURCE) has reviewed the April 29, 2002 memo from High Country Engineering (HCE) addressing the review comments in our April 23, 2002 letter. The comments below follow the same numbered comments in the HCE April 29, 2002 memo. 1. Agree. 2. Agree. 3. The Colorado Water Quality Control Division Policy No. WQSA-6, which supplements the ISDS guidelines and the site application regulations, states that multiple ISDS systems from a single structure shall be treated as a single domestic wastewater treatment works, and shall be subject to site application and plans and specifications reviews and approvals, if the combined capacities of the systems are 2000 gpd or greater. The effluent from the ISDS treatment works will be monitored in accordance with the Discharge to Ground Water Permit issued for an approved system. In accordance with State policies, guidelines, and regulations, the proposed ISDS system (6,000 gallons per day) requires approval of a State Site Application, plans and specifications and a Discharge to Ground Water Permit. Michael Erion and Mark Bean conducted a teleconference with District Engineer, Dwain Watson with the Colorado Department of Public Health and Environment (CDPHE) in Grand Junction. The purpose of the teleconference was to review the arguments presented in the High Country Engineering memo to determine if the County can accept the proposed design. As described below, the HCE memo is inconsistent with written State policies, guidelines and regulations, and the County cannot accept the proposed design. The State has an internal unwritten policy which allows for a variance from the site application regulations through the use of multiple exempt (less than 2,000 gallons per day) ISDS systems to be constructed so long as they are adequately separated. The separation criteria is based on non -overlapping of a "zone of influence" defined as the minimum horizontal separation to be maintained from one system's components to springs or wells (based on the design capacity of each system) as described below. The minimum horizontal separation or "zone of influence" for each system would be 100 feet plus 8 feet per 100 gallons over 1,000 gallons per day of capacity. This results in a zone of influence of 180 feet around each leachfield. Therefore, the leachfields for each system must be separated by a minimum of 360 feet. There Consulting Engineers and Hydrologists 909 Colorado Avenue ■ Glenwood Springs, CO 81 601 ■ (970) 945-6777 ■ Fax (970) 945-1137 • Ms. Kim Schlagel April 30, 2002 Page 2 is no reduction in this separation requirement for installation of an ISTS system. Based on our conversation with the State, the County does not have the latitude or authority to approve a smaller separation requirement based on site specific technical investigations. Only the State could grant such a variance of the variance for the Site Application regulations. The Applicant should work directly with the CDPHE regarding any variances to the policies, guidelines and regulations. The Rifle Creek Golf Course ISDS system was accepted by the Garfield County Building Department based on the PE stamp affixed to the design. The building department official assumed that the PE stamp indicated that the system was designed in accordance with all applicable policies, guidelines and regulations. Based on HCE's memo, the State will investigate the Rifle Creek Golf Course facility for compliance with state regulations. 4. Agree. In summary, the proposed ISDS system should be reconfigured to meet the above criteria or the applicant should obtain the necessary approvals from the CDPHE. We have discussed the above issues with Deric Walter at High Country Engineering. As we discussed, the wastewater flow estimates for the restaurant and the restaurant/bar are related to the number of seats and based on CDPHE standard numbers. It could be possible to overload the wastewater system if enough people used the facilities in a given day. If you assume that each visitor to the mountain facilities generates 5 gallons per day, the proposed ISDS system could support approximately 1,100 visitors per day. It is our understanding that Steve Beckley estimates the Cavern visitors at 400 per day during the peak season. This would allow approximately 700 non -Cavern visitors per day. Given that the tramway will have a capacity of up to 250 people per hour and the facilities will be open for 14 hours per day, it may be appropriate to discuss visitor numbers with the applicant. Please call if you have any questions or need additional information. Sincerely, RESOURCE ENERING, INC. Michael J. Efr6n, P.E. Water Resurces Engineer MJE/mmm 885-12.0 kl glenwood caverns.885.wpd CC: Mark Bean Dwain Watson, CDPHE RESOURCE ■•••• E N G I N E E R I N G I N C. 111 GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: March 25, 2002 Comments Due: April 17, 2002 Name of application: Glenwood Caverns Special Use Permit Sent to: Sheriff Department Attn: Jim Sears Garfield County requests your comment in review of this project. Please notify Kim Schlagel in the event you are unable to respond by 04/17/02. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff contact: Kim Schlagel 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 E-mail: kschlagel@garfield-county.com General comments: S%t om C , (j \'(3�\S c�\\a� \?\2,V2 >E.x2. -A-N 1 O i NE_ \-1.1;1 V1 w / c)?1-1< Lam\\~v - V co S +F%It c V`2C4 101J �«L� —rb 144-n\- \L) 1 CZ '\h�i-� T\ . \1 A N SUM" L �� �►J o w ? )Rc-Ne, wb \< pxlib, 1 - ~I 2 cz-cxANT ® Itj,J S � � 2 rir-\ () - 'v ) U �rr\�ti ‘1-) c',c "e_5v N L? 7s V T `I LA12,i L136 1 L 0117- 1(Y1�t�1 k1S ? Nam of view a e By: i eLE \ -1- / dfT I c)2 Date: Revised 3/30/00 ItEITNER SMA LEITNER-POMA OF AMERICA, INC. March 28, 2002 Chuck Peterson Tramway Engineering, Ltd. P.O. Box 160 Glenwood Springs, CO 81602 Re: Removal costs Dear Chuck: Leitner — Poma quotes a removal cost of $9,400 for helicopter removal of 10 towers and the removal by winch of the haul rope for the Glenwood Springs Tramway pulsed gondola. These items would be removed from the site to the base area. Sinc9rely, Th mas C Clink f 11'Uiiislo . . Assistant Sales Manager 1-peterson 3-28-02 rernoval.doc 2510 FORESIGHT CIRCLE • GRAND JUNCTION, CO 81505 • (970) 241-4442 • FAX (970) 241-3023 EASTERN OFFICE: P0. BOX 35, ROUTE 100 & 107 • STOCKBRIDGE, VT 05772 • (802) 746-7955 • FAX (802) 746-7958 • • Glenwood Tramway Company April 23, 2002 Kim Schlagel Senior Planner Garfield Country Building and Planning 109 8"' Street Suite 303 Glenwood Springs, CO 81601 RE: Glenwood Caverns Special Use Permit Dear Kim: The design, construction, maintenance and operation of the Glenwood Caverns tramway will be reviewed and approved by the Colorado Passenger Tramway Safety Board (CPTSB), which is a part of the State of Colorado Department of Regulatory Agencies. The Board is responsible for the review of all phase of tramway operations including operator training, lift maintenance, record-keeping, modifications and evacuations. The CPTSB has the reputation as being the most stringent enforcer of tramway rules in the world. This is no exaggeration. The CPTSB code has very strict evacuation standards. The Code requires that a very detailed evacuation plan be prepared. The CPTSB inspectors require that the plan be demonstrated at the time of licensing and the plan is reviewed twice per year to determine if the plan is still functional. There are strict recordkeeping standards to document training of personnel and proper maintenance of all evacuation gear. As required by the CPTSB, the lift will have an independent power source to drive the lift in the event of an electrical power outage. This auxiliary power unit must be tested weekly and used to drive the lift for a minimum of 30 minutes per month. All operations must be documented and presented to the CPTSB inspectors during their annual and unannounced inspections. Thank you for your detailed review of this requests and please feel free to call me if you need additional information. Sincerely, GLENW,OOD TRAMWAY COMPANY Charles Peter : on, P.E. Manager 302 8th Street, Suite 325 • P.O. Drawer 16o • Glenwood Springs, CO 81602 • (970) 945-2236 • FAX (970) 945-2977 • • Glenwood Tramway Company April 22, 2002 Kim Schlagel Senior Planner Garfield Country Building and Planning 109 8t'' Street Suite 303 Glenwood Springs, CO 81601 � (RECO SEI APR 2 c �0 RE: Glenwood Caverns Special Use Permit Dear Kim: We have reviewed the project comments from the various County department and the Glenwood Springs Fire Department and have the following comments: Sheriff Department The cave entrance and proposed construction is accessed via the existing Transfer Trail road. The travel time to the cave from the all weather Traver Trail Road is about 15 minutes. The roadway is graded and graveled and provides year round access to the cave. The operational limitations that prevented year round commercial operations of Glenwood Caverns related to the use of two wheel drive passenger vans and busses. These vehicles are not equipped to safely transport passenger to the cave during winter. Access to the Glenwood Caverns on the Transfer Trail road is permitted by the BLM. Glenwood Caverns maintains the roadway in the summer with their grader. The permit recognizes the need to allow snowmobile access to the Flattops along this road. In order to accommodate the duel use of the roadway in winter, snow is only removed from 50% of the roadway width. Glenwood Caverns maintains a single lane of the roadway snow free all winter with their snow plows and grader. It is their intent to continue this practice to allow for food delivery and emergency access. Therefore emergency vehicles will continue to have year round access to the Caverns entrance after the tramway is constructed. The tramway will provide direct access to Glenwood Caverns from the Two Rivers Plaza. Travel time is approximately 7 minutes. Emergency medical services can utilize the tramway for immediate access to the terminal if needed. The tramway carriers are designed to be ADA accessible. Therefore passengers can be evacuated from the upper terminal in wheelchairs if needed. 302 8th Street, Suite 325 • P.O. Drawer 16o . Glenwood Springs, CO 81602 . (97o) 945-2236 . FAX (970) 945-2977 Kim Schlagel April 22, 2002 Page 2 of 4 • . Glenwood Fire Department 1. Ingress / Egress. As discussed above, year round access will be maintained to the Glenwood Caverns for emergency vehicles. Travel time by surface vehicles is about 15 minutes from Highway 6&24. Medical services access via the tramway will take about 7 minutes. 2. Water Supply. The City of Glenwood Springs has agreed to supply potable water to the lower terminal of the tramway. The Glenwood Tramway Company will suspend a 1-1/2" diameter fiberglass waterline between the towers to the upper terminal. Water pumped from the base will be stored in a 16,800 gallon tank for domestic and fire fighting use. The water tank will be a sufficient elevation to provide adequate fire flow pressure. 3. Hydrant Locations. The upper terminal exterior walls will be constructed of "Insulated Concrete Forms". Interior structural members will be open web steel joists and girders. Floors will be metal decking with 3-1/2" of concrete. The building appears to be Type II construction. If the building construction rating requires fire hydrants, they will be constructed to the appropriate standards and in the appropriate locations. 4. FDC Locations. The building will be sprinkled. A fire department connection will be provided. 5. Sprinklers. The building will be sprinkled. The design will be performed by a competent specialist and the design will be reviewed and approved by the Fire Department. 6. Fire Alarms. A fire alarm system will be installed. 7. Fire Extinguishers. Fire extinguishers will be provided in appropriate size and numbers. The fire extinguisher plan will be submitted and approved by the Fire Department. 8. Kitchen Hood Fire Protection. If a kitchen grill is installed, it will be build with the appropriate fire suppression system. 9. Knox Box. The Fire Department currently has keys to the locked gates on Transfer Trail which leads to the Caverns. A knox box will be provided. Kim Schlagel April 22, 2002 Page 3 of 4 • • 10. Wildland Fire. The selection of the building materials was influenced by the risk of wildfire. A wildland fire mitigation plan will be developed that may include fuel reduction near the building, a first response fire cache and an appropriate level of wildland fire suppression training. Noxious Weed Control Steve Beckley has spoken with Steve Anthony, Garfield County Noxious Weed Control Officer, to request a review of existing noxious weeds on the property and around the tram towers. Steve Anthony stated that he couldn't inventory the property until the weeds start to grow in about two to three weeks. At that time we will meet with Steve and develop a plan to control all noxious weeds on the property and around the tram towers. Additional Issues Kim Schlagel has also requested additional information about the following topics: Restaurant Upgrade The Current proposal requests a paper service snack bar with the ability to serve alcohol. The entire food service area would only include 60 seats for food and 40 seats for food and alcohol. The limitations on the restaurant are based upon the available septic system. We plan on upgrading the restaurant to a more full service establishment once we tie our sewer into the City of Glenwood Springs facilities. At that time, the County Sanitarian will be informed and his review requested. Activities on property All activities on the mountain are placed within the general area of the visitor's center and tramway terminal. 1. Bike Racks - All cabins will have the ability to transport mountain bikes up to the cave property. We envision the mountain bikers using the tram to access existing trails up to the Flattops. At this time we do not plan on developing any new trails for biking. 2. Nature Trail - We have developed a nature trail that is 100% within our property. The trail was constructed without removing a single tree and terminates at an overlook of Glenwood Canyon. We are working with BLM, DOW and Forest Service to provide educational sign that will allow the visitors to be educated in the local flora and fauna. Kim Schlagel April 22, 2002 Page 4 of 4 • 3. Astronomy - At the end of the nature trail at the overlook platform we are planning the installation of a 16 -inch Meade telescope. This will allow for the evening viewing of stars, galaxies and planets. The telescope will be offered in conjunction with an educational program about the stars and planets. Colorado Mountain College is also placing a second telescope on the sight to assist their astronomy students. 4. Geology Area - Rifle high school eliminated their lapidary classes and donated their equipment to the Caverns. We plan on setting up the equipment to allow children to have hands-on experience with Geode cutting, jewelry making, and general geology. 5. Gem Stone panning - We will set up a small sluice box to allow children to pan for gold and gemstones. Bus Transportation Currently, we operate with a fleet of four 25 -passenger busses and two 15 -passenger vans. Once the tramway is operation we plan on retaining one 25 -passenger bus and both 15 - passenger vans. One of the vans is a four-wheel drive and can be used in the winter to transport people off the mountain in case of an emergency. We appreciate the review by the departments. If there are any other concerns, please feel free to contact us. Thank you. Sincerely, GLENWOOD TRAMWAY COMPANY Charles Peterson, P.E. Manager CP/kz ■■■■.RES LJ RCE ■■■■. ■ ■■■■ ■ ■■■■ E N G I N E E R I N G INC. Ms. Kim Schlagel Garfield County Building & Planning Dept. 109 Eighth St., Suite 303 Glenwood Springs CO 81601 RE: Glenwood Caverns - Special Use Permit Review Dear Kim: April 23, 2002 At the request of Garfield County, Resource Engineering, Inc. (RESOURCE) has reviewed the technical issues regarding the Special Use Permit for the proposed Glenwood Caverns project. The proposed project includes lodging and office facilities near the intersection of Highway 6 & 24 and Devereux Road, office and retail facilities at the Cavern's property, and a tramway connecting the two facilities. We were requested to review the proposed wastewater disposal system. We conducted a site investigation with Steve Beckley and Kim Schlagel on April 2, 2002. SUMMARY The proposed Individual Sewage Disposal System (ISDS), as configured, requires State Site Application approval and a Discharge Permit. The configuration also raises issues related to localized slope stability that should be addressed by a geotechnical engineer. In the event either of the above items presents a constraint for the sewage disposal system, we believe a feasible alternative exists for discharge of the septic tank effluent, which would involve an overhead pipeline. This approach would have several complex engineering design issues. ANALYSIS The base facilities will be served by City water and wastewater facilities. The retail shop, concession services, and public restrooms within the hilltop building at the Cave location are proposed to be served by three separate ISDS, each with a capacity for an average daily flow of 2,000 gallons per day. Our comments on the proposed system are summarized below. 1. The soils observed in the soil profile pits and the percolation rates field tested by H.P. Geotech are adequate for a conventional ISDS system. The soil analysis and percolation testing were conducted for one of the three proposed systems. Based on field observations, it is reasonable to assume that similar conditions will exist for the other two proposed systems. 2. The proposed design flow (2,000 gallons per day per system) and the site layout of the systems (three clustered systems) will require approval of a State Site Application and Discharge Permit for the proposed facilities. 3. If the engineer's intent was to create three separate systems exempt from State Site Application Regulations, then the design flow should be less than 2,000 gallons per day and the leach fields should be located such that they do not have an overlapping "zone of influence". Although the State sloes not have formal written policies regarding the definition of separate ISDS systems for the same building, the following guidelines have been historically used in evaluating this issue for a single building or single lot project. Consulting Engineer's and Hydrologists 909 Colorado Avenue ■ Glenwood Springs, CO 81 601 ■ (970) 945-6777 ■ Fax (970) 945-1137 • • Kim Schlegel Page 2 April 23, 2002 The leach fields for each system must be separated by a buffer, or zone of influence, such that the effluent is not considered cumulative for the systems. The zone of influence is determined by the State as the largest applicable setback as defined in the ISDS regulations. For a leach field, the controlling setback would be to a well or spring which is 100 feet plus 8 feet per 100 gallons over 1000 gallons per day. This results in a zone of influence of 160 feet around each leach field. Therefore, to be considered separate ISDS systems, the leach fields would need to be separated by at least 320 feet. The proposed leach field layout has a separation of approximately 50 feet between each leach field. 4. The proposed leach fields are located on steep slopes (approximately 35%) and are aligned from uphill to downhill in 8 rows. The potential amount of water discharged over the leach field area significantly exceeds the annual precipitation and could result in localized slope stability problems. This issue should be analyzed and addressed by a geotechnical engineer. OTHER COMMENTS In the event that State Permitting issues or slope stability issues create constraints for a conventional ISDS system, the applicant identified a potential alternative approach at our April 2, 2002 site meeting. This approach involves discharging the effluent from the septic tanks into an overhead pipeline supported by cables strung along the tramway towers. The effluent would then be discharged into the Town's central collection system. This approach would have several complex engineering design issues. The submital indicates that approximately 24,000 gallons of storage will be provided at the cave site for peak demands at the upper facilities, landscaping and for fire protection. The submital does not indicate how fire protection will be provided. Please call if you have any questions or need additional information. Sincerely, RESOURCE ENGINEERING, INC. Michael J. Eyion, P.E. Water Resrces Engineer MJE/dlh 885-12.0 RESOURCE NGINEERING I N C. F i1il2t+ A • • STATE OF COLORADO Bill Owens, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Russell George, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 April 16, 2002 Garfield County Building and Planning 109 8th Street, Suite 301 Glenwood Springs, CO 81601 RE: Glenwood Caverns Special Use Permit/Amended Application Dear Ms. Schlagel: For Wildlife - For People As a referral agency for your department, the Colorado Division of wildlife, appreciates the opportunity to comment on the Glenwood Caverns Special Use Permit and Tramway. We believe that wildlife and wildlife habitat are in import part of the community. The promotion of nature tourism, outdoor recreation and education all can benefit the Tong -term economic growth of the county. In order to ensure that the needs of wildlife are met, as well as the needs of the community, it is important for all of us to realize that it is possible to coexist with wildlife. Meeting the future needs of wildlife can be ensured in part by reducing the amount of wildlife related conflicts. The best way to reduce conflicts is to consider wildlife from the beginning when looking at development projects. After reviewing the development application for the Glenwood Caverns Special Use Permit, the CDOW, as a referral agency offers the following comments regarding impacts to the site. THE USE OF BEAR PROOF CONTAINERS Glenwood Springs experiences bear/human conflicts nearly every year. It's likely that some of the bears that cause some of the conflicts inhabit the area near the proposed evacuation trail and the cave site. Now that further development is proposed for this area, steps should be taken to prevent bear conflicts. This is not only a wildlife issue but also a public safety issue. The Glenwood Springs Police Department as well as the Division of Wildlife spends considerable time handling nuisance bear calls which takes time away from other public safety issues. Some suggested wording to be incorporated into the development plan is: ➢ There shall be no outside storage of any trash or garbage, no matter how briefly (e.g., overnight), anywhere within the property (top station & cave entrance), with the exception of bear -proof trash containers. Refuse kept in non -bear proof containers should be kept within secure structures that are not likely to be broken into by bears. The use of bear -proof trash containers is the best method to avoid bear problems. ➢ There shall be no dumps or underground disposal of refuse on-site. ➢ Except for bird feeders, the feeding, baiting, salting, or other means of attracting wildlife to site is prohibited. ➢ Bird feeders should be strategically placed to avoid being an enticement for bears. DEPARTMENT OF NATURAL RESOURCES, Greg E. Walcher, Executive Director WILDLIFE COMMISSION, Rick Enstrom, Chair • Robert Shoemaker, Vice -Chair • Marianna Raftopoulos, Secretary Members, Bernard Black • Tom Burke • Philip James • Brad Phelps • Olive Valdez Ex -Officio Members, Greg E. Walcher and Don Ament • • VEGETATION The method of installing the tramway towers by using a "roadless" hand -dug tower pits method and the helicopter placement system of the towers should help minimize any construction -wildlife conflict, as well as the impact to existing vegetation. Native vegetation should be left undisturbed whenever possible. Vegetation disturbed due to construction should be reclaimed using native vegetation. The use of native plants in reclamation and all landscaping will minimize damage by wildlife and prevent the spread of non-native plant species. Weed control measures should be taken through the course of the construction to ensure that invasive weeds are not allowed to spread on or adjacent to the property. Refer to the Garfield County Noxious Weed Management Plan for species of concern. EDUCATION Tourists and other users to the site should be made aware of the local wildlife community. Meeting the future needs of wildlife can be ensured in part by reducing the amount of wildlife related conflicts. The information should be disseminated in a format that is plainly visible to site users. It should stress that everyone has certain stewardship responsibilities that will enable them to coexist with wildlife. The Division of Wildlife can provide much information for this purpose. Thank you for the opportunity to comment on this development project. If you have any questions, please contact me. Sincerely, Sonia C. Marzecyaj? 1. de C District Wildlife Manager Glenwood Springs (970) 947-2934 • • GLENWOOD SPRINGS FIRE DEPARTMENT April 17, 2002 Garfield County Building & Planning Kim Schlagel 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Dear Kim, FIRE DEPT. COMMENTS ON: GLENWOOD CAVERNS SPECIAL USE PERMIT This project poses several interesting challenges should it be approved. This list of comments may be more then you need at this time. However because of the location of this building, some of the items addressed on the list may need to be looked into more extensively to handle and meet 1997 UFC and UBC code requirements for fire protection, then a downtown building would need. 1. Ingress / Egress : This point needs to be addressed especially if the facility is use in the winter and Transfer Trail is not passable to the building. What is the plan to get emergency medical services and or fire response to the building in a timely manner, if Transfer Trail is not passable? Who is to handle a gondola car evacuation should it be needed? 2. Water Supply : Needs to meet fire flow , sprinkler and stand pipe demand as determined by Appendix 3A, 1997 UFC. 3. Hydrant Locations : According to Apendix III -B, UFC 1997 (fire hydrant location and distribution) depending on the construction rating on the building 2 to 3 fire hydrants may be needed at it. uilding. 4. FDC Location : An FDC connection will be needed on the exterior of the building at good access location for a fire engine. Flow horn and strobe (strobe color red) to be located over the FDC on the outside of building. 5. Sprinklers : Required per/ 1997 UBC and 1997 UFC. 6. Fire Alarm : May -be required because of types of occupancies, 1997 UFC. • • — 2 — April 17, 2002 7. Fire Extinguishers : Per/1997 UFC, meet with G.S.F.D. Fire Protection Analyst for approved locations. 8. Kitchen Hood Fire Protection : If a commercial kitchen is planned in the building the hood needs a fire suppression system on it (1997 UFC). 9. Knox Box : Required if building is not staffed 24/7. Location close to FDC or near front entrance. 10. Wildland Fire : A wildland fire mitigation and suppression plan may be needed to meet the requirements of Division II, Special Hazards, Appendix II -A (Suppression and Control of Hazardous Fire Areas), Sections 13,14,15,16 and 17. 11. FURTHER COMMENTS TO COME AS MORE DETAILED PLANS ARE RECIEVIED. If you have any questions on these comments please contact me at 928 6033. Sincerely, Ron Biggers ' Fire Protection Analyst Glenwood Springs Fire Department cc. Mike Piper, Fire Chief, G.S.F.D. MEMORANDUM To: Kim Schlagel From: Steve Anthony Re: Comments on the Glenwood Caverns Special Use Permit Date: April 10, 2002 Thanks for the opportunity to comment on the Special Use Permit. My comments are as follows: I. Noxious Weeds A. Inventory and mapping -Staff requests that the applicant map and inventory the property for noxious weeds. B. Weed Management -Staff requests that the applicant provide a weed management plan for the inventoried noxious weeds. C. Monitoring -Staff requests that the surface disturbances around the towers be monitored on an annual basis for presence of noxious weeds and treated if necessary. MAR -18-2002 MON 04:52 PM CITY OF GLENWOOD SPRINGS FAX NO. 9709452597 P. 01/03 • • • • MOVED MAR 1 FACSIMILE Name: 2002 TRANSMITTAL City of Glenwood Springs Community Development 806 Cooper Avenue Glenwood Springs, Colorado 81601 1 Phone Number: (970) 945-2575 Fax: (970) 945-2597 tc WL cJca..a�t� Organization: Clow sr1.4d Cbc.s Fax: ,Phone: From: c� c Date: 11 5 'C Regarding: f r'"a.. Total number of pages ( including this sheet) Comments: .- -3A/76 The original of this transmittal will be sent: Ordinary Mail This will be the only form of delivery Overnight mail If you do not receive all the above pages, please call us as soon as possible. MAR -18-2002 MON 04:52 PM CITY OF GLENWOOD SPRINGS FAX NO. 9709452597 P. 02/03 • • • • March 18, 2002 Chuck Peterson Glenwood Tramway Company 302 8th St., Ste 325 GWS, CO 81001 Chuck; I have briefly reviewed the submitted materials. This is a Special Review in the City and in the County. The process is complicated by this dual jurisdictional review in that one portion of the project cannot move forward without the other and each part effects the whole project. The project must be reviewed as a whole with both jurisdictions working together. The County application indicates that there will be a 9,000 square foot structure on the top of the tramway with an overall height over thirty feet. The facility will incorporate two decks along the south side. The City's adopted Hillside Preservation Zone District intends to ensure sensitive hillside development_ Although this portion of the project is outside the City's limits, it will have a direct impact upon the City and the adjacent hillsides. The visual impacts of this facility will be of interest to the both the Commission and Council. Staff is requesting more information regarding the building's architecture and building materials and colors be submitted. What is the intended location and type of lighting proposed on site? How do you intend to grade the site? Will the design incorporate retaining walls to lessen site disturbance? Staff would also request that a visual analysis be performed from different locations of the City. The placement of some story poles where the building will be placed may aid this analysis. The poles should be the same height as the structure and be a prominent color. An article in the paper indicated trails for hiking and biking. Do you have a master plan of the proposed trails? MAR -18-2002 MON 04:53 PM CITY OF GLENWOOD SPRINGS FAX NO. 9709452597 P. 03/03 •. •o • Within your phasing schedule for the hotel, you propose to build the first floor of retail and wait several years to begin construction of the hotel. Elevations of this first phase would allow the Commission and Council to have a better understanding of the project. There is discussion of a 17,000 -gallon water tank on another piece of property; this development may require an additional permit_ This is a joint venture with multiple parties involved_ It would help the City to better understand this project if each partners responsibilities were further defined. Some other issues that were addressed by Council at the February meeting were: • Underground parking • Master Plan for all potential cavern improvements • Provide a more detailed cross section crossing Highway 6 and 24 • Visual simulation for tramway alignment • Concern about the visual appearance of the roof from parcels located to the north and upslope The intent of this letter is to try to keep this project on your intended schedule. These will be issues that should be addressed prior to your hearing with the Commission while also allowing staff adequate review time. Your application has been referred to other City agencies and Garfield County. Additional information may be required as the process continues. If you have any questions, please give me a call. 928-6005 Respectfully; fee% 404047;Patti Hae i, AICP City Planner CC: Kim Slagle • • • • March 15, 2002 Steve Beckley 508 Pine Street Glenwood Springs CO, 81601 Dear Steve, Garfield County BUILDING & PLANNING DEPARTMENT This letter is in response to your Special Use Permit for Glenwood Caverns, as submitted to Garfield County. Staff has completed a Technical Compliance review of your application, and has found it to be in Technical Compliance. This means that Staff has received all required information to review the application. Your application will now be placed on the Board of County Commissioners agenda for March 25, 2002 at 10:OOam to determine if the Board of County Commissioners wish to refer this application to the Planning Commission. Please note that this is not a publicly noticed hearing and you are not required to attend in the event you have prior obligations. If you have any questions, please do not hesitate to contact me. Sincerely, Kim Schlagel Senior Planner CC: Chuck Peterson, Tramway Engineering, Ltd. 109 8th Street, Suite 303, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 • • 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: MARCH 11, 2002 PROPERTY LOCATION: Section 3&4 Township 6 South Range 89 West • • • • • • APPLICATION Special Use Permit GARFIELD COUNTY PLANNING DEPARTMENT 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Telephone: 970-945-8212 Facsimile: 970-384-3470 Submittal Date: m ARC- N 13 2 OC:a. Base Fee: Applicant: $400.00 GLEizYOO C-AN1ST,.x_ 3'(Ylg iRbP r 3 S-nle. ? Address of Applicant: S ���� [7 Y Telephone: CI10 9'/5 y Z� x 1 J GLEn)woop Sp , co (is160 i -P749- > Special Use Being Requested: CbYVl�Y1St?C }L /� Ec-/Q 2�4 +4 L F ri TY Zone District: A/z Size of Property: '7 £ 3 A c iS 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 roadwayswithinone (1) mile of_y-our property. Ifyou :_are proposing anew 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.) For all applications pertaining to airports, the oil and gas industry, power generation and/or fl transmission industry, or any other classified industrial operation, you must submit an impact statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, inclusive; and 5.03.08, inclusive. The consideration of this proposed Special Use will require at least one (1) public hearing for which public notice must be provided. The Planning Department will mail you information concerning this hearing(s), approximately 30 days 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 public hearing. The information contained within thi plication is complete and correct, to the best of my knowledge: Applicant: Date: ('1$2 11 2-c .f� — YrE:***Please submit three (.3) COMPLETE se application & supporting information at submittal. Additional copies will be necessary when application goes to the Board of County Cannissioners and/or Planning Commission. • • SUP Amendment March 12, 2002 Page 1 of 13 •4) •• GLENWOOD CAVERNS and HISTORIC FAIRY CAVES 508 PINE STREET GLENWOOD SPRINGS, COLORADO 81601 (970) 945-4228 March 11, 2002 Ms. Kim Schlagel Garfield County Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Amendment to Special Use Permit for Glenwood Caverns Dear Ms. Schlagel: Please accept the following package of information as a request to amend the previously approved Special Use Permit for Glenwood Caverns. The Amendment would allow yearly access to the caverns via a tramway. 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 - Deed of all properties involved in application; 4. Appendix D - Memorandum of Lease on all required easements for Tramway; 5. Appendix E - Letter of Authorization from landowner; 6. Appendix F - BLM year-round authorization; 7. Appendix G — Traffic Analysis; 8. Appendix H — HP Geotech percolation test analysis; 9. Appendix I — Letter from the city of Glenwood Springs allowing for water usage and verification of adequate supply; 10. Appendix J — Support Letter from Glenwood Springs Chamber; Location The alignment of the proposed tramway, location of the base facility and the Glenwood Caverns is shown on Attachment 1, and as Exhibit 1 a 24"x36" map packet is included with the application. • • • • • SUP Amendment March 12, 2002 Page 2 of 13 Description of the Current Business and Proposed Changes 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 retail shop, concession services, and public restrooms (see Attachment 2), • Building a parking lot at the Two Rivers Plaza capable of handling 120 vehicles plus buses, • Constructing a small building at the base of the Gondola to be used to sell tickets and load passengers. 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 retail, concession services, and public restroom facilities. A small concession facility will be located at the cave that will provide drinks and snacks. The concession area is approximately 1800 square feet with a 2500 square foot deck. Along with the Gondola, additional activities will be built on the property including a covered picnic area, nature trails, gemstone sluice mining, geode cutting, and a fossil dig. These additions will help keep visitors occupied while waiting for their tour. The proposed 4300 foot long tramway would originate at the Two Rivers Plaza and rise 1300 feet to the cave property. Initially, only 8 six passenger enclosed carriers will be installed in four groupings of two. No roads will be built to access the tramway towers but instead the towers foundations will be hand dug when equipment cannot be driven to the tower base without surface damage. The foundation concrete and towers of the gondola will be installed by helicopter. Since the towers are designed to be high enough to pass over the existing vegetation, tree cutting will be limited to those located at tower bases and where clearance is required. There will be no swath of trees cut for the gondola that will create a visual scar. The Gondola will provide the visitor with a dramatic 7 -minute ride in comfortable enclosed cabins with incredible views of the Roaring Fork Valley. • • • SUP Amendment March 12, 2002 Page 3 of 13 The Tramway would have the following engineering characteristics: Tram Length Vertical Gain Type of Car Number of Cars Maximum Capacity Main Drive Back Up Drive Lift Speed Load Speed Land Ownership and Uses 4300 Feet 1,300 Feet Enclosed 6 passenger cars 8 250 people per hour 400 HP AC Electric Motor 350 HP Diesel Engine 1000 Feet Per Minute 50 Feet Per Minute Glenwood Caverns currently has an option to purchase a three -acre parcel in the Two Rivers Plaza located within the city limits of Glenwood Springs, Colorado. A application for major development has been submitted to the City of Glenwood Springs for the gondola terminal base, a 120 -car parking lot, and a commercial complex that includes a 68 -room hotel. 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 has proposed to treat the Gondola crossing as a utility. After crossing the highway the gondola alignment will cross over Pitkin Iron's property, which is located within the city limits. An easement across the Pitkin Iron property has been leased (see Appendix D). The alignment then enters Chimes Investment Club's property (see Appendix D). Finally 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. (see Appendix A). A letter of authorization to pursue the application is attached as Appendix E. 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 (A/I) Zone District as a Special Use. Following approval of the Text Amendment, Garfield County (see Resolution of Approval -Appendix B), also granted a Special Use Permit for the existing use on the property. Requested Amendment Due to the existing condition of Transfer Trail, the applicant is limited to seasonal operation due to limitations in operating the van shuttles on snow packed roadways. Even under the existing vanpool shuttle system available parking within Glenwood Springs has • • • • SUP Amendment March 12, 2002 Page 4 of 13 created problems for the applicant. 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: 1. 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. 2. Eliminate the 100 -person limitation of people utilizing the site at one time. 3. Allow that the property be used year-round 4. Allow operations to be extended to 10:00 pm during weekdays, and midnight on Fridays and Saturdays. Compliance with Garfield County Goals for Commercial and Industrial Uses The proposed amendment to the existing Special Use Permit is consistent with the Garfield County Goals for Commercial and Industrial Uses as follows: Goal: 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 expand and diversify the breadth of tourism opportunities in the region. Goal: To ensure that commercial and industrial development is compatible with adjacent land uses and mitigate impacts identified during the plan review process. Response: During the initial review, the applicant contacted adjacent landowners, including the BLM to mitigate impacts associated with the project. The most significant issue associated with the project at the time was additional traffic on Transfer Trail, which provides access to the site. Although the provision for van shuttles from a satellite location reduced the trips required compared to allowing direct passenger -vehicle traffic to the cave entrance, the year-round limitation could not be overcome with conventional van trips and therefore the cave had to be closed to the public during the winter. Since the original approval, the BLM has modified its previous limitation on seasonal operations, as shown within Appendix F. The second issue was related to the impact on the Transfer Trail cause by shuttle traffic Additional traffic increased dust pollution and the potential for erosion that could affect water quality. The BLM approval required the applicant to address dust control and blade the roadway as -needed. • • • • SUP Amendment March 12, 2002 Page 5of13 The installation of the tramway will mitigate both of the major issues raised by the adjacent land owners by significantly reducing the amount of traffic on the Transfer Trail roadway. Goal: Encourage the location of commercial development in appropriate areas that maximizes convenience to County Residents. Response: The physical location of the caves is less than two roadway miles from the Glenwood Springs downtown. Glenwood Springs is the concentration point and the most significant bed -base in Garfield County. The installation of the tramway will allow better utilization of the existing tourist infrastructure in the wintertime. Goal: 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: A tramway is a safe and efficient mode of public transportation that is pollution free and has low energy consumption. The tramway will reduce the amount of traffic on the Transfer Trail. The tramway base is located on the existing Glenwood Springs bus route. The easy access to the tramway base by mass transit will be encouraged the use of the bus and reduce traffic within Glenwood Springs. Goal: 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 Glenwood Caverns is a low -intensity commercial operation that is consistent with the local emphasis placed on tourism in the County. The scale of the project has been kept to a minimum. The installation of the tramway will continue to focus the use of the area on tourist activities. Goal: Ensure a commercial and industrial development policy that is environmentally sound and acceptable to County residents and policy makers. Response: The focus of the commercial development of the Caverns has been to preserve the unique environmentally sensitive nature of the caverns. All aspect of the Cavern development is based on the premise that the environmental protection has the first priority. • • • SUP Amendment March 12, 2002 Page 6 of 13 • • The installation of the tramway will protect the environment by reducing traffic on Transfer Trail and allowing tourist the unique opportunity to view the hillside environment from above without impacting the surface. The tramway will be constructed in a careful manner to minimize surface disturbance. Tree cutting and trimming will be limited so as to prevent the visual impact of a swath of clearing. Compliance with Garfield County Policies for Commercial and Industrial Uses Policy: Landscaping and screening will be required to address specific visual impacts of industrial and commercial development. Response: The profile of the tramway has been specifically designed to allow the tramway to pass above the existing trees. The purpose of this design feature is to minimize the need to cut or trim the trees and thus to reduce the visual impact. No roadways which result in cut and fill slopes will be needed to construct the tramway. There will be no surface disturbance that will be visible from adjacent view plains. Policy: The project review process will include the identification and mitigation of transportation impacts related to commercial and industrial development. Response: The tramway will mitigate the transportation impacts caused by the commercial development of the Caverns. A full description of the likely transportation impacts of the development of the base facility at the Two Rivers Plaza is discussed within Appendix G. 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. Requirement: 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: Due to increased safe access, the applicant request that the hours of operation be extended to 10:00 pm during weekdays, and midnight on Fridays and Saturdays. Due to the remote nature of the site, these activities will not impact any adjacent property owners. In addition, the site will be developed to minimize light pollution by providing only low level surface lighting. There will be no increase vehicle access due to the increased hours of operation because all guest and employees will use the tramway. • • SUP Amendment March 12, 2002 Page 7 of 13 • Since the tramway carries will not be lighted, there will be no visual impact of operating the tramway after dark. • The proposed structure on the property is a 9400 square foot visitor's center that is three stories tall. The layout of the proposed visitor's center is shown on Attachment 2, and as Exhibit 2 a 24"x36" map packet is included with the application. The structure will be screened by the adjacent vegetation. It is anticipated that the structure will be visible only from a limited number of view plains. The structure will be colored in earth tones to minimize the visual impact. Requirement: 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 an approved water augmentation plan. Response: Currently, non -potable water is hauled up Transfer Trail by truck and 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. An additional 16,800 -gallon storage tank will be installed at the cave site to store the pumped water that will be utilized for the proposed upper facilities, landscaping and for fire protection. The water system is shown on Exhibit 3. A letter from the city of Glenwood Springs allowing water to be supplied by the city water system has been included as Appendix I. The generated wastewater will separated into three individual sewage disposal systems. System A will handle wastewater from guest service men's room. System B will handle wastewater from guest service women's room. System C will handle wastewater from paper service restaurant/bar kitchen, employee bathrooms and a caretakers unit. Each system is capable of disposing of an average daily flow of 2000 gallon per day. High Country Engineering has designed the wastewater system and the design is included as Exhibit 4. A copy of the percolation test as performed by HP Geotech has been included as Appendix H. Requirement: 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 Exhibit 3. 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. • • SUP Amendment March 12, 2002 Page 8 of 13 • Requirement: 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 Exhibit 1. Requirement: A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private landowners adjacent to your property. Include a list of all property owners and their addresses. Response: A graphic depicting the property on the Assessor's Map is included within as Exhibit 2 of the original application (see Appendix A). The adjacent landowners are as follows: Parcel Number Property Owner Mailing Address 2185-053-00-035 City of Glenwood Springs 806 Cooper Ave. 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 2185-91-33-01 Floyd Diemoz 400 Pinyon Ave. Glenwood Springs 2185-043-06-006 Traver Point Homeowners 530 N. Traver Trail Glenwood Springs 2185-043-06-033 Kenneth Melby P.O. Box 484 Glenwood Springs Requirement: 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 • • • • SUP Amendment March 12, 2002 Page 9 of 13 Response: A copy of the deed and legal description of the property is included within the application as Attachment C of this application. Authorization from the Property Owner is included as Attachment E. Requirement: 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: Requirement: 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: Water is provided by the City of Glenwood Springs and a letter from Glenwood Springs showing an adequate water supply has been included as Appendix I. In addition, the ISDS system as designed by High Country Engineering (See Exhibit 4 and Appendix H) is designed to handle the following: • 60 seats paper only restaurant (25 GPD) 1500GPD • 40 seats paper only restaurant with bar (55 GPD) 2200 GPD • 400 cave only visitors per day (5 GPD) 2000 GPD • 15 office employees (15 GPD) 225 GPD • 1 Caretaker 75 GPD Requirement: 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. 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. • • • SUP Amendment March 12, 2002 Page l0 of 13 Requirement: 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 24in diameter 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:" Requirement: 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. Requirement: 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 attempted to mitigate traffic and environmental impacts by the requested installation of the tramway. Because of the size of the property, there are no issue of coverage, setbacks and need for parking or screening or fences. Due to the remote nature of the building, there will be no impact on the neighbors. • • • • SUP Amendment March 12, 2002 Page 11 of 13 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: The tramway is a unique mass transit mode that is designed to reduce the impact of the Caverns on Transfer Trail. The location of the base of the tramway adjacent to the existing public bus system will encourage the use of that facility and further reduce the impact of the Caverns on the streets of Glenwood Springs. There is adequate physical separation in terms of distance from the proposed visitor's center and adjacent property owners. There are no facilities of similar nature within 3/4 of a mile of the visitor's center and the center is not injurious to the established character of the neighborhood. Application Requirements "All special use permit applications shall be filed by the owner or owners of the subject lot with the Planning Director on a form provided by the Planning Director for this purpose and shall consist of all information required of an application for a permit and subject to all administration procedures thereof plus the following:" Requirement: 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 (Colorado Passenger Tramway Safety 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 delivered to the City of Glenwood Springs requesting a special use permit for the tramway and parking areas. The applicant agrees that both of these approvals should be a condition of approval for the amended special use permit. Requirement: 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; • • • • • SUP Amendment March 12, 2002 Page 12 of 13 Response: A vicinity map has been previously presented as Exhibit 1, and a Site Plan showing the location of the structures on the property is shown as Exhibit 5 There are no structures on adjacent properties. Adjacent landowners are summarized earlier in the application. Requirement: 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. • • ►►1111111111111111111111III' it i111111111111111I 4111 546854 06/08/1999 03:3 1133 P904 M ALSDORF 1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Mnn�aT_, the7t-h day of A.D. 19_9_9_, there were present: ohn Martin Wlt S owe , Commissioner Chairman LaZMcCown , Commissioner D • n Deford , Commissioner Mildred Al dorf , County Attorney E� een , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 99- 06 9 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR JMB PROPERTIES WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from JMB Properties for a Special Use Permit to allow for a Commercial Recreational Facility/Park in the Agricultural Industrial zone district. WHEREAS, the Board held a public hearing on the 5th day of April 1999, upon the question of whether the above-described Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Special Use Permit; and H 111111111111111111111111111 d#11111II►►C_. 546854 06/08/1999 03:39P$DRF 1133M 2 of 4 R 0.00 D 0.00 GARFIELDCOUNTY coOF • • • WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, 13E IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit be and hereby is approved to allow for the operation of an outdoor commercial recreation facility at the site identified in the application, upon the following specific conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of future review. 2- That the applicant provide an access, parking and layout plan for the site indicating emergency and van routes, parking areas, storage areas and pedestrian circulation areas. 3 - That the applicant improve Traver and Transfer Trail as defined in items #1-7 as indicated in the applications pages 12-13. 4. That the applicant be limited to a maximum of 10 externally generated (service) vehicle trips per day, on average during any weekly period. 5. That the applicant be limited to a maximum of 30 van trips per day, on average during any weekly period. 6. No public vehicular access to the site beyond access via van trips from the authorized staging area as defined in the final resolution for approval of the special use shall be permitted to the site. 7 That the use be limited to a total of one hundred (100) facilities at any given point during permitted hours of operation. uNo persons shall IIII 111111 I1 iiir'1111111D01111 • 546854 06/08/1999 03:39 133 6 M F 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO • 1 • be allowed to use facilities beyond general maintenance and routine use in association with the cave operation. 8. That the use be limited to daylight to dusk hours of operation and that no regular night activities be approved, except traffic which may be generated by a special event. All special events shall be limited to public vehicular access by van only. 9. That an emergency preparedness plan be provided to the County. 10. That the use be limited for operation to those periods of the year such that the primary access as defined in the final resolution for approval of the special use remains free and clear of any potential safety hazard as may be created by the presence of standing snow on the roadway. Standing snow is defined as any amount of snow which remains in the roadway regardless of road maintenance. 11. Control of noxious weeds shall be the responsibility of the lessee for areas of the property affected by the described operation. 12. If any areas affected by the application are to be floodlit, the applicant shall use box cut-off designs which direct lighting inward to the property. 13. The applicant shall follow the Best Management Practices, as indicated by the Colorado Forest Stewardship Guidelines road building activities. 14. The applicant shall submit an amended application at time any further expansion of commercial, retail or operational activities beyond those described in the application. Dated this 7th day of June , A.D. 1999 . ATTES,T:.,, erk of the Board ,..0 .. GARFIELD COUNTY BOARD OF CO SSIONERS, GARFIELD CO ', COLORADO Chairm 11111111111111111111111111 I Iilt" '11 IIIII IIII 1111 • 546834 06/08/1999 03:39P 133 P907 M ALSDORF 4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO • • Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIRMAN JOHN F MARTIN , Aye COMMISSIONER LARRY L. MCCOWN ,Aye COMMISSIONER WALTER A. STOWE ,Aye STATE OF COLORADO )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. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners • 1 • 1 U['1' CL..la U,isil THIS DEED, made this 3rd day of November, 1961 between HELEN DULIN LOVETT, GRETCHEN CROSS, and CLIFFORD 11. DARROW of Garfield County, Colorado, NICHOLAS J. BARROW of Orange County, California, ARTHUR C. DARROW of Salt Lake County, Utah, AGNES BEi+'PRICE U.116iUd and eUUdN,; 1'. .ir %/,r.:,. ('(,,/,/r I'll; ..- DARROW of King County, Washington, JANE TYLER of dackvoin County;-gissburi, ALICE G. KOPP and WILLIAM F. DARROW of Cook County, Illinois, HORACE F. DARROW of Santa Cruz County, California and HERMAN L. DARROW of Ventura County, California of the first part, and PETER 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 NASWk 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., R. 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 that the 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 I1c ordcd at. 8:.38 o'clock A m, Apr 2 7 1Q64 Book 357 II lnt_ti rron No. z25315 Chas, S. Keegan Page 449 1 ITins DEED, a° Mdthis � 24th day of March 1 ',queen PETER alof our l'F'L7 R�1' one l'tt: DDLfinine ahundred RODPR'l'X0� -fOUT ty ap�!� County of Denver, and (G4 CCM.EL ,I �� "' WII'4Ni:4IIy or Boulder and Slate of Col.nad", of lhr (lint part, 1111,1 1'C'Y, 1NC, a eorporattnn organited and rsi:.liag undl•r and Ly victor or 11111 Inwd of the Slate of Co !orad o of 1l :• tell/101 purl: RECORDER'S STAMP i' WI'I'NIseliTll, •1'6111 the saidpsi1 1 c of Ow ox..,; 1101.I.Alt and tab port, fur and in ionrinNon of the .tan of other rood and valuable considerations ]�y(�(�%�{ I 1,, 11v 0,11:1 ^„4Mtt. 1:111 !e9 of IL.• lira earl in 11:11111 pull Ly the raid party of (h,• .,cunni part, the rrccipt whereof to het ••Ity r,.af•.: rd :1,d :vhmnri,•d::cd, tut VC glnntr11, bargai11rd, cold and colvey.'d, and by Ione Ilresenlr du I:rant, I.:op.:in, :.,•II, cwn'ry tool confirm, Malo 111: avid party of the scennd 1:111, its .acc,.•.�'1 . and assig41 forever, 1111 of ll fullm, io:t dr:•rrib.•d lot ur purer! of land, oitunh', Iying and brim: in the (',nmly or Garf in ld and Simi. of Colouulo, lo_wil: File UW4JW„ of .Section 3, and lot 10 of dection 4, in a J., R. o9 W. Gth P.M. Also, all of f•rantorat right, ti tic, and interest, if any, in all rights-of- way and all other rithts and privileges, if any, over, atony, across, and upon ,.ot 6 of Gentian 4, 'p. G j•, 1t. dJ d. 6th 1'.tl., as reserved by that certain decd recorded in Rook 20 at Pare 405 of the records in the office of the Clerk and :Iccorder of Garfield County, Co locad o .111114:111 1.11 till' :111 :ISA airy.ol:u• 11,4. 1..1,.1:1 :o1.•11l• rad :ip.ou .•144.,,.s 11,,.r.ui:oi 11..1.''1;41: 4.1' in illlyui.,• 1:114• .1 lalltag, anti III. Ili. i:inn toot l••rrl -1.111, 4, It:l1144i.' awl r: nrlia.l. is, rents, i.,dtr. 111,1 10, 111. ll0'11111: nlnl ill I!I•• I .1111x, lirlq, 1ilir. i:ltorr:.l, claim .1112 d, rmw•I 'IA h.l.m•t'.r..f II:•• ,r, , g1uy, 01, 10 00.111. 11,. o1,„ t.• Imo r: , i.�1 „In,:'ai•1 Ivo l i /::.d 11,. Ora pa, t, .•cher in law ,'p.,:,r.ilh tl..�Lr,c�:.Lua•aa. and :a,Innl r:u•,.. "1'e 11.111 .1\D' T1111111411111. nail p,. -nil .;' •l.•rr ba, gain.•,I Will 4,41'0..11, hill 111• appu: It 1mtrrn, 111'1,, th, :..,i 1 poly' of Ih.,.t' 0e,,,,..•:.o., jt, ,,,,..•:.o. t:' -11;x0 fnl,•ror..1II 11r ,:,i-1 pail LCIS..1' the fir -1 181'. for them ....i vef)fl<t� . urn .. I xrrnhn-<. 1111•: tnmibL :ua„1+•. qo 1111. Intl. Wald, Lar, 111.' ,001 pal IS ,•' Ili.' , rrtlil 11.1.1 '4IIi and 111 1111 mil l 1:111, ii. sr.rct:: 1111: ;11111 tc.i;;t::. Il:at :d Il,. I,:u,• 01 U,•• r., ;diu1::uttl d.lic, ry of li',•• 11111111th, thl:y lire 1,,'11 I ,.i>rd of 1111• ill rtlisr:.:.1 .e,' ronc•y-.'l, 11: of 1:'.11!, , 011. ia•t •�.:,. d 1.. ,.tat' I 1 1rin'l ii:anr. in Lac, in f,.• ..loopy, lar, I.a V t: o 1 i 1,11, full prrl, f', :hotl.on• mil t•.rnul. hal/mil,, , .11 tad ronc1•y' ll,.• moor ill uta tool' land folia 111 411.1 .:a r• ai,! orre (Mohd ,10, ,, (ion. i In 1111 (onou r am: olhrr I:roll., 1,:nt,nin., 4.(we:, I u I nod tial 11,.• : .11 ' ore Ila• nud rl,r r oo ,, :dee. 121.1,., Lu c:, 0..i. 4.410,111A nudiarund•r:m lit )tlndrrrr Lied 1r too .001'. r, • 11o• mom, Lnil.ainc11 prru,i-r:• iu I1,,( ,purl and in ac,ahle Imi.:..•n...a, Of 11 ::1111 p:,rly of lin• .ccan'I Not, 11.1 su.!rr;•.,n.' 111111113,11:11,••• arain:•t n11 and , cep' 1111:,1111 ur pci ., , I:nr Iolly Chaining or to d;,im the %%hole or 1111}' p:ut }a 1!.''1.111, 111, ,ilid pail09411J' fii,t pail *hall and 1,111 11'.1111t.1A1' AND I o41I:VI:I: ICI•'%:nal. i - t\ 1111:n1:ss 11'IIt:Rt?1,1','1'11• said purtic of Ibr first guilt !nave Iwo:m.10.rt t 1 41114 -.11113 111v day 1111,1 yrur first ubuvc written. heir E1114 9 .,a1 d.: 1.11(11 :11,1 hcl:vi.•.I ill 1110 l I,'.I act of F'f.1'1.1•: OF cOLOI1ADO. C1ty and County of Denver }"' 1 ho lots going llutu.mrut 1,ns ncbauwlydgrd Erfurt', 111e this l - "...2'!4 f/� 1 l:'G4 ,I, ,cter 1'. i'rebble, Robert C•tUonncland Hobert. day J, ilb(lr 11111,1.$S.10, 11111111 nud affidul NMI. ' 1. 1:1•:.11.I 111:.11.1 . • . Lsr:AL1 %Iy r•1ldaliral41 exlir.•o ,• \o.:R_. 1, ,N,I. t\ r1 Mho 111 co111•a6J i r•rt1•e,�rar.r6lr u.a.rd. ".n • Hoots, Pour.'. II ;I • j_1 1 l• 1• i 1410 3no': 33'. 4: 2:9 any of said lands, and the grantors du 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 assigns shall not disturb nor take any action against the owners, operators, or users of any television equip- ment or installation now located upon any of the above described property, but will permit the 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, 1,12-a 1Ru=((SEAL) t'1 7Cif N.,r-is-(L(SEAL) SEAL • 1 : ( f` t/ Ill ' 1 Nib -(SEAL) // 10/t4 -ea.) (`' SEAL) SEAL sk-6 t1 ,8IjG� �'`"1FCLC. (SEAL) (SEAL) 46 (SEAL) A� ger..,t-,-/_, 02 AL. L l /44, (SEAU • • • No, 10!(/=(J tj11IT•CLAln - DoeD.-1040.-... .. arr.m.n+ M..... 11010000•10.. ..,,...— 'Ilk fr 'Ileedh .Abide this ..1 = day of.1 l,LC1„;!"'['l- 7 in the year of our Lord one' Z/.uusuruZ nnght hundred andei hdgir ell:.(:L..: ..Y .-%,_p_ [.vim_, w ii'BRN . ✓a L L.[:..eISJ._WO-4:1U U / of the County of,/LIC(4Cc �//rut State isf Colorado, of the first part, and q 5[l_ �Lfu% the Comity o/....eL..F/ and State of Colorado, of the second part, J I1AYiSSIC2'11, duet flu said pari%tt of /U first tart, for and in consideration of the sum of Yl_'"”' j'A. ,t.!-fit-0 (((R1 (// / /•a.0 Dollars, to the said part/ u/'the first pert in hand µaud the said /art(//of the second part, the receipt whereof is hereby confessed and aeknowiulped, lea 11/ remised, s feused. sold, controyu uJ !1 U-C14I.AfSD, aby these presents du�enaise, release, sell, convey and QUIT CLAIN unto the said putt / a/'(/he several part /.L.il heirs ant asap %ureveall t/se richt, title, interest, claim, and &omen which the said pard / u th'q firs, part l,+.A/ia. and to the fulloa.ing described , �'A![- LLll�.claim,l situate, lying awl befit" in Use County of _.—_ /' /fa and 1aIafef Colorado, to w!f �� Q /� / ///T�-///��, /L . 1r,; i d'6r, CJ P c --f. Yt 1:--e l.6�,�,..L(,_ iJ'� ?/YCIP [,//-a7 '..&.., .'^' l'% f." , ,,," /- ttrr - � � 1 GGQ-C/u"r..._. it l l...f•r/• �,e,,yt r,(/,2/(i.e/ ✓� Luiz. �( tl/ 2:E� t -r .-re-ii.1 f.1-,,,,.,.„, / �.%. 1� t�//r ! ( Q��L( t11L 2P1�c�+[� P r . / ,14-!..7i ltd(.. sal[(((y[ic./-11i'L1-Cdee(._�v�-eir 6(;Cfvvr `'/Y1LL.a.(_` u((-1��1_fL(j.�A- �fr'gt/.�(,a.c' e., v.C4 1 , r...:1( •> v('L-CtL-G�ift_/ :15L..A.L P/ < Lipt7.f+ �A �Q!(4 r[/R-0,z119 rI i1,1,(1 !'%S((.', :f' f 41., ,(� f(,I; k,,,,l't,l-Y ,e ..•r pif�ifn.e (pa_.. /l((F'(1� •,P.<`/?.q-odwepc;)_ a(*()f/.! of (I it( 'I el 't . e,y,f. (t9 i'rl t. (L.1.[/(�J1 ([(CLD.04 / .(l ;Cr� ✓7;Go tat / ../ t_o- (a-.( t <n t / 1 , rt [, G-)i� /fait((<�'.%�f Yi �q1,,z_ A. f G(a u / i ; `�L.4� `(/. l(S��i��t'L.A/L.tl� -,1 _At ! 1.(i t `( i.t' /.,(,' ( ',(li (/" » .''.'1 f•/2.it..Cjkf fLCl��q!`L1-p--/i,:1.0 (t• <-(/� .0 4-...--/4-,-,..._e.;,,,,, .�1�7/tf [tit,./ dr'i d ,"'r t / f"t . v,;!. p (.-<(L�/f.(r"i_l� ..i/Lri(X i(.(:[[, ..t t . e.- e �Zpe_n` (!f('l(,,,�(, P/.li�c.r/r[JJr. ,tt,(� (ru(/ C�11 /L�tU- /l[1s �G� i% / ✓ _(ate.. _ --- C --- ('A ,t re.11(.,//rL(/._' t.1..6.J--I'. :P Zit.4fdC.�eL�il._ �GLi/ /Q t,(.� Lit-/ L-L/Gl-t i ae 2111 t' y r 1 e t:( L. carr /?(I Kt C_ -1'...[..-L- 22�C--Lai.fCr , .... a- yl.s,-I"_a!f1'..t-c..t-Lt� � e.1..4.,`,-Lr�.1- ,I±.[ n.' r 1 , 1 .t -.61 f �(.'/ C .'(, (iti ft.iC,,l'/L'1_..-L4 i(� _t,..., L[�-t i-dlS.a/ - /p/ %n.- fit //Vet _' . `�ii CL..c.�/.'((Jyg t. / e e / /i i.1 ,u -.i-( o->1/ � / A�'t_..ef . ./ . x.ii,<..,- .[u V/it_czt -4: U - (.41.',wl (t „. ae '',i ' 1J/+,'Lit ...cC,' Jai t�6.-..t2t,z -( [: S221,(r -CI i . I - 4.1.Z aL 4 ‘L,.., ' z /teal. rC(,y/t./,([r-.1C-..Li,G(Lc. -d-e"iG�C.'. t.Z¢_ea/_..L4_t _ _ a—LG.t � TO D. 1 !, .1X11 Tel I/O!.!) 'I'll 11: S.l.AfB, liteet/a.or with all L singalar the appartcaan.ces and privileges thereunto belonging or its anywise thereunto upperlainin„ and all the estate, right, title, interest and claim wlustseuor, o/s/u said part�y o/ the first part, either in haw or equity, to Mouldy proper use, benefit and bchouf of Use still part (y of the secenJ art, ,l•af / /�]seirs anal assigns forever. LA' WITNESS 1YDB1Lh'ON, the said part!! o/' lhq'first part ha hereunto set '/Lt.J / ll hanL_anl sea�•!he day anti year first above written. Our ! /Q SIGNED, SEALED AND DELIVERED IN PIIESENDE DF I {< 1ia-QJ (% �ICl' 4 s'-[-(/ a'I'A'd'I•: Op' 01)l.( 51L.A 114).1 //1 . 4 'J County of .,tc.,�C.L.�.tC) es. l..C.a C.r1 Vr.-L'A/Ai([1�1/./_t<'"f.R�a in and fur' suit( Cu'uety,isthe Stale a%oresaid, du hereby rendfy That, 1-(L(S: ,t<:Z _.,7` 6C44p:<.[ld. .Aly conaniszion expires!-.! • nrsouall, /Mown les n .r� ,,/rs'Llfi -1 / J •ufeaZuF�u yarsun w)�'° lanae „ef/I�subacribuL to the l�eet�i,/'apprurul before rete this day LSI person, and ac4rwwledged lluat. 1!..41 signed, sealed anti delivvere to ,aid utrurnent of writing as ( .. I.C.' 1�.. free and voluntary tot, f r the use.muttl purples thrsein set forth. / 1 Niuea under nay hand mut 21.0 "B:"-4!-41.al, this./.4 day of--, - G�^^"•��i4. D. 18,/ V hided fur Record the 7/7 18 77 ( day ofAu.c/ al 1).1SSAa o'cloo/t-G,Af. .V aM:lli 1 ileoorder, Ry. Deputy. .16 i 1 1 1 1 1 • 1 1 1 1 1 1 1 1 IN REPLY REFER TO: 2800 COC -62757 (CO -14000) United States Department. the Interior BUREAU OF LAND MANAGEMENT Glenwood Springs Resource Area 50629 Highway 6 and 24 P.O. Box 1009 Glenwood Springs, Colorado 81602 JMB Properties, Inc. ATTN. Steve Beckley 508 Pine Street Glenwood Springs, Co. 81601 November 8, 1999 Dear Mr. Beckley: You have inquired about modifying your right-of-way COC -62757 to provide for access for cave tours in the winter season using your four wheel drive van vehicles instead of buses. Special stipulation #7 now restricts tour access to the period from April 1 to October 31. Please be advised that right-of-way COC -62757 is hereby modified to allow cave tour access, using four wheel drive vans, during the winter season from November to March 31, weather and road conditions permitting. We note that road surface conditions have improved in the last year. If you have any further questions, contact Vaughn Hackett of my staff at (970) 947-2834 Sincerely, Michael S. Mottice Area Manager 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FORM 2800-14• • ISSUING OFFICE (August 1985) Glenwood Springs Resource Area UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT SERIAL NUMBER COC -62757 1. A right-of-way is hereby granted pursuant to Title V of the Federal Land Policy and Management Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761). 2. Nature of`Interest: a. By this instrument, the holder: JMB Properties, Inc. P.O. Box 4491 Englwood, Colorado 80155 receives a right to use, maintain, and terminate an access road on public lands as follows: Sixth Principal Meridian, Colorado T. 5 S., R. 89 W. sec. 36, S1/2SE1/4 T. 6 S., R. 89 W. sec. 3, lot 2 sec. 4, lot 1,2,3, NE1/4SW1/4, NW1/4SE1/4 b. The right-of-way or permit area granted herein is 35 feet wide, 12,000 feet long and contains 9.64 acres, more or less. c. This instrument shall terminate on December 31, 2029, 30 years (plus or minus) from its effective date unless, prior thereto, it is relinquished, abandoned, terminated, or modified pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation. d. This instrument may be renewed. If renewed, the right-of-way or permit shall be subject to the regulations existing at the time of renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interest. e. Notwithstanding the expiration of this instrument or any renewal .thereof, early relinquishment, abandonment, or termination, the provisions of this instrument, to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant. 3. Rental: For and in consideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value as determined by the authorized officer unless specifically exempted 1 1 1 1 1 1 1 1 1 1 1 1 i 1 • from such payment by regulation. Provided, however, that the rental may be adjusted by the authorized officer, whenever necessary, to reflect changes in the fair market value as determined by the application of sound business management principles, and so far as practicable and feasible, in accordance with comparable commercial practices. 4. Terms and Conditions: a. This grant or permit is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations part 2800. b. Upon, grant termination by the authorized officer, all improvements sha],1 be removed from the public lands within 90 days, or otherwise disposed of as provided in paragraph (4)(d) or as directed by the authorized officer. c. Each grant issued for a term of 20 years or more shall, at a minimum, be reviewed by the authorized officer at the end of the 20th year and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-of-way or permit granted herein may be reviewed at any time deemed necessary by the authorized officer. d. The stipulations, plans, maps, or designs set forth in Exhibits A & B , dated May 4, 1999, attached hereto, are incorporated into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety. e. Failure of the holder to comply with applicable law or any provision of this right-of-way grant or permit shall constitute grounds for suspension or termination thereof. f. The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public. IN WITNESS WHEREOF, the undersigned agrees to the terms and conditions of this right-of-way grant or permit. )1L-4( (Si. ate ol:, der) (Signature of Authorized Officer) /Z/1_421 )1/1/1-1NeilGi (Title) (Title) 5/5-/'173 5(c-/T i� (TJ' (Date) (Effec ve Date of Grant) (\. ')) 1) 1 „........,..,_:...,.._ row/rri "EXHIBIT A" Right -of -Way COC -62757 Glenwood Springs Quad. Mai y , i 99 1 1 1 1 1 1 1 • 1 1 1 1 . • • SPECIAL STIPULATIONS EXHIBIT B COC -62757 May 4, 1999 1. Any cultural and/or paleontological resource (historic or prehistoric site or object) discovered by the holder, or any person working on his behalf, on public or Federal land shall be immediately reported to the authorized officer. Holder shall suspend all operations in the immediate area of such discovery until written authorization to proceed is issued by the authorized officer. An evaluation of the discovery will be made by the authorized officer to determine appropriate actions to prevent the loss of significant cultural or scientific values. The holder will be responsible for the cost of evaluation and any.decision as to proper mitigation measures will be made by the authorized officer after consulting with the holder. fr 2. The holder(s) shall comply with all applicable Federal laws and regulations existing or hereafter enacted or promulgated. In any event, the holder(s) shall comply with the Toxic Substances Control Act of 1976, as amended (15 U.S.C. 2601, et seq.) with regard to any toxic substances that are used, generated by or stored on the right-of-way or on facilities authorized under this right-of-way grant. (See 40 CFR, Part 702-799 and especially, provisions on polychlorinated biphenyls, 40 CFR 761.1-761.193.) Additionally, any release of toxic substances (leaks, spills, etc.) in excess of the reportable quantity established by 40 CFR Part 117 shall be reported as required by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Section 102b. A copy of any report required or requested by any Federal agency or State government as a result of a reportable release or spill of any toxic substances shall be furnished to the authorized officer concurrent with the filing of the reports to the involved Federal agency or State government. 3. The holder of Right -of -Way No. COC -62757 agrees to indemnify the United States against any liability arising from the release of any hazardous substance or hazardous waste (as these terms are defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq.) or the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901, et seq.) on the right-of-way (unless the release or threatened release is wholly unrelated to the right-of-way holder's activity on the right-of-way. This agreement applies without regard to whether a release is caused by the holder, its agent, or unrelated third parties. 4. The holder shall be responsible for weed control on the right-of-way. The holder is responsible for consulting with the authorized officer and/or local authorities for acceptable weed control methods. 5. Use of pesticides shall comply with the applicable Federal and State laws. Pesticides shall be used only in accordance with their registered uses and within limitations imposed by the Secretary of the Interior. Prior to the use of pesticides, the holder shall obtain from the authorized officer an approved Pesticide Use Proposal. 6. Unless otherwise noted, the holders use of this road right-of-way will comply with the Garfield County Building and Planning Department Land Use Application dated September 1998, submitted on behalf of JNB Properties, Inc. and POW, Inc. 7. Use of the road for cave tours will be restricted to the period from April 1, to October 31, weather and road conditions permitting. 8. Existing culverts will be kept clean. Energy dissipating spreaders or riprap will be installed at culvert outlets to control erosion. 1 1 1 1 1 1 1 1 1 1 1 1 1 • 9. Soft spots along the roadway will be repaired by using a subdrain system or by replacing sections of the roadway with clean pit -run. 10. Blading will be done on a regular basis. Dust will be controlled with magnesium chloride or other suitable agent as necessary. The holder is responsible for contacting the Air Quality Control Division to obtain all necessary permits or exemptions. 11. A sign will be installed near the intersection of Traver Trail and Transfer Trail to alert other users of the road to van traffic. 12. The holders use of wheeled vehicles on the right-of-way during the winter seasonal closure period will be compatible with snowmobile use. The holder will participate in and adhere to the specialized snowplowing operations required. 13. Each Spring the holder will submit an annual operating plan for approval by the authorized officer. This plan will deal with maintenance and use problems. 14. A litter policing program shall be implemented by the holder, and approved by the authorized officer, which covers all roads and sites associated with the right-of-way. 15. Surface disturbing activities are restricted to the road area that has been previously disturbed. Any new disturbances will require the specific approval of the authorized officer. • • • • • POW 508 Pine Street Glenwood Springs, CO 81601 March 12, 2002 Ms. Kim Schlagel Garfield County Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Dear Ms. Schlagel: I Steve Beckley, president of POW, Inc. hereby authorize Steve Beckley, JMB Properties, Inc. and Glenwood Caverns, Inc. to pursue an amendment to the special use permit to allow for the installation of a tramway to the Caverns Property located in: South 1/2 ofNW/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. Sincerely Steve Beckley President i • • TRA EHOOKEEHOH© M1'W Y Traffic Analysis For Lot 1 Two Rivers Plaza Major Development Review • Glenwood Springs, Colorado Exhibit G-5 Prepared by: Charles Peterson P.E. Design Engineer 302 8th St., Suite 325 • P.O. Box 160 •Glenwood Springs, CO 81602 • (970) 945-2236 Traffic Analysis March 12, 2002 Page 2 of 4 • • Traffic Analysis Introduction The proposed development of Lot 1 of the Two Rivers Plaza subdivision includes three distinct uses. Each of the activities will generate traffic. The purpose of this analysis is to determine the amount and timing of such impact. Traffic Circulation Pattern Access to Lot 1 is via the existing Two Rivers Plaza Drive. This street is a dead end local street that is owned and maintained by the Subdivision property owners. All traffic from this street empties onto Devereux Road which is local collector. Historic Traffic Volumes Devereux Road is a collector roadway that provides access to Two Rivers Park and businesses on the South side of the Colorado River. As part of the application process for the approval of the Two Rivers Plaza subdivision, a traffic study was commissioned by Bruce Ross, property owner. The results of that study were summarized in a report prepared by High Country Engineering and dated April 17, 2000. A copy of that report is attached. The High Country Engineering study conducted field counts of traffic volumes on Highway 6&24 and Devereux Road. The summary of the measured peak hour traffic count are listed below: Location AM Peak Hourly PM Peak Hourly Highway 6&24 Westbound 340 584 Highway 6&24 Eastbound 500 449 Devereux Rd. Northbound 79 159 Devereux Rd. Southbound 96 96 Proposed Uses and Projected Traffic Volume The three proposed uses of Lot 1 are: 1. Hotel (68 rooms) 2. Retail (10,800 ft2) 3. Tramway Base Station Traffic Analysis March 12, 2002 Page 3 of 4 • • 1. Hotel Hotel Traffic estimates were based on Trip Generation Tables published by Institute of Transportation Engineers (6th Edition). The ITE Land Use Class was 310. Predicted traffic volumes for a 68 room hotel are as follows: Devereux Northbound Devereux Southbound AM Peak Hour PM Peak Hour 21 22 25 29 2. Retail There is no 11'E. Land Use class similar to the proposed retail use. The HCE report did project traffic volume for 40,000 ft2 retail. Based on a proportional adjustment, the proposed 10,800 f&2 retail space would generate the following: Devereux Northbound Devereux Southbound AM Peak Hour PM Peak Hour 36 28 33 26 3. Tramway Traffic volume projections for the tramway are based on peak month projections that are distributed throughout the day as outlined in the parking analysis. Traffic volumes are predicted to be as follows: Devereux Northbound Devereux Southbound AM Peak Hour PM Peak Hour 13 35 13 35 4. Total Projected Traffic Volume for Lot 1 Devereux Northbound Devereux Southbound AM Peak Hour PM Peak Hour 70 85 71 90 The total traffic projection for Lot 1 listed above does not consider the intermixing of users. It is anticipated that a large percentage of the traffic generated by the development will use several of the attractions and therefore the actual traffic volumes will be less. i Traffic Analysis March 12, 2002 Page 4 of 4 Future Development within development There are 5 lots in the Two Rivers Plaza subdivision. Only Lot 2 has been developed as a new car dealership. Lot 5 has an approved use as an office building. Lots 3 and 4 have potential of being developed into quality restaurant sites. Based on the existing, proposed and theoretical development of the entire subdivision, the traffic generation for each use is as follows: Lot Use AM Peak Hour PM Peak Hour Entering Exiting Entering Exiting 1 Multi -use 71 70 90 85 2 Car Dealer 20 17 23 27 3 Full Service Rest. (100 seat) 34 25 44 36 4 Quality Rest. (100 seat) 10 5 18 12 5 Office Building (8000 ft2) 12 1 2 10 Total 147 118 177 170 Need for Signalization Traffic signalization for the Devereux / Highway 6&24 was investigated when the Two Rivers Plaza Subdivision was approved. Larry Thompson, City Engineer, reviewed the application and concluded that the increase in traffic from the development of the Two Rivers Plaza would likely trigger the need for a traffic signal. Based on the projected traffic associated with the development of Lot 1, it appears that a traffic signal may have to be constructed once Lot 1 is fully developed, and the owners of Lot 1 will pay the pro rata cost of the same in accordance with Paragraph 10(b) of the Subdivision Improvement Agreement dated July 10, 2000 when required. • • A/Gf/ LOUNTi�P _--NG/NE�iP/NG TWO RIVERS PLAZA TRAFFIC STUDY PREPARED FOR: ROSS DEVELOPMENT SERVICES P.O. BOX 935 BASALT, CO 81621 (970) 927 - 0313 PREPARED BY: HIGH COUNTRY ENGINEERING, INC. 923 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 (970) 945-8676 APRIL 17, 2000 JOB NUMBER 99046.06 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945-8676 • far 970 945-2555 5-::14 Inverness Drive East, Ste 8-144 Englewoot4 CO 80112 pAronee 343 92 5 4I !jai 303 925-17 • • TWO RIVERS PLAZA TRAFFIC STUDY INTRODUCTION This traffic study for Two Rivers Plaza addresses the capacity. geometric. and traffic control requirements associated with a proposed commercial development located northwest of the overpass of Interstate 70 and Devereux Road and South of State Highway 6 in the city of Glenwood Springs, Colorado. Please refer to Figure 1 for the vicinity map. EXISTING AND PROPOSED LAND USES The site is currently functioning as single family residential. The proposed development will include 5 commercial lots that will vary in size for use as retail space. office space, and restaurants. The projected square feet of the buildings is 76.000. The entire property makes up 8.88 acres. SITE ACCESS Access is proposed from State Highway 6 and from Devereux Road. The existing State Highway 6 has two lanes. The posted speed limit is 40 mph eastbound and 25 mph westbound at the point of the proposed intersection. The proposed Driveway -B" access will be located approximately 57 feet west along Highway 6 from the Transfer Trail Road intersection. The speed limit on Devereux Road is 25 mph. The proposed Driveway "A" access will be located approximately 377 feet south along Devereux Road from Highway 6. SURROUNDING LAND USES The surrounding land uses are as follows. Interstate 70 borders the property along the southwest boundary. Devereux Road borders the property to the southeast. To the north of the property is State Highway 6. Across Devereux Road are two newly constructed hotels. Across from State Highway 6 is the intersection with Transfer Trail, a bus stop, and a gravel parking lot. A bus stop will be located on Highway 6 between Devereux Road and the proposed new access point. The final location will be determined with input from RFTA. TRIP GENERATION Trip generation was estimated using Trip Generation. 6th Edition published by the Institute of Transportation Engineers, 1997. Table 1 shows the daily and peak hour trip generation for this development. A trip is defined as a one-way vehicle movement from the origin to the destination. The origin or destination of a generated trip would be within the site area. For the purpose of this study. the data in table below is grouped into land uses for the proposed commercial development. • • TRIP GENERATION AM PEAK PM PEAK WEEKDAY TRIPS TRIPS TRIPS TRIPS TOTAL PEAK HOUR LAND USE UNITS TRIPS IN OUT IN OUT RETAIL SPACE 40,Q00 S.F. 257 123 134 95 103 FAST FOOD W.' 4,000 S.F. 220 112 108 97 89 DRIVE THU WINDOW HIGH TURNOVER 4.000 S.F. 78 29 30 43 35 SIT-DOWN RESTAURANT NEW CAR SALES 20.000 S.F. 50 20 17 23 GENERAL OFFICE 8.000 S.F. 13 13 1 2 BUILDING 27 10 TOTAL 296 290 260 264 A peak hour volume was also calculated for the weekend. The trip generation reference does not show an AM and PM peak hour for the weekend. It does show daily volumes for Saturday and Sunday. The Saturday total was the largest in all forms of business. This daily volume was multiplied by the peak hour factor of 0.125. The peak hour for Saturday produced a volume of 172 trips. These totals were each used separately along with the AM, PM, and Saturday peak hours for Devereux Road and Highway 6. The 20 year projection for the traffic volumes on Devereux Road and Highway 6 were found by using the adjustment factor of 1.7. See the calculations section of the traffic study to see the peak hour volumes of Devereux Road and Highway 6. TRIP DISTRIBUTION The following are the parameters used to determine the current proposed levels of service. 1. The directional distribution was based upon the assumption the on-site volumes are distributed so that 50% Driveway A access and 50% Driveway B access. 2. The 85 % of the traffic entering and exiting the Driveway A access was assumed to come from Highway 6. The remaining 15% comes from the bridge over I-70 on Devereux Road. 3. In order to be conservative with our left turn onto Driveway B, it was assumed that • • • 100% of the traffic into Driveway B was from the east. 4. It vas also assumed that 609 of the traffic leaving the site through Driveway B is heading east and 40% is heading west. 5. We did not model the existing traffic condition on Traver Trail Road. 6. 5% is estimated to be the amount of trucks that make up the total volume of vehicles. This projection of traffic is for a completely built out development. The amount of trucks is much greater during the construction phase and a temporary access permit for that portion of the project has already been submitted. TRIP ASSIGNMENT Combining the results of the trip distribution and trip generation develops trip assignment. Due to the nature of the project. only short-range trip assignments were performed. It is most likely that this project will be completely developed prior to the typical lona-term (20 years) period. Therefore. the roadways within the project should be developed to handle complete build out of the project at this time. The traffic generated by the site combined with the existing traffic determines the total traffic at the intersection. TRANSPORTATION IMPACTS The HCS data located in Appendix A shows the level of service for each of the intersections based on a complete build out of the project. The level of service of the Highway 6 and Devereux Road access intersections tested at level B. The intersections tested at level C under several peak hour conditions for the 20 year projection. Acceptable operation is defined as level of service D or better. Level of Service classifications are defined as follows: Level of Service A - describes primarily free flow operation at average travel speeds usually about 90 percent of the free flow average speed. Vehicles are completely unimpeded in their ability to maneuver within the traffic stream. Stopped delay at intersection is minimal. Level of Service B - represents reasonably unimpeded operations at average travel speeds usually about 70 percent of the free flow speed. The ability to maneuver within the traffic stream is only slightly restricted and stopped_delays are not bothersome. Drivers are not generally subjected to appreciable tension. Level of Service C - represents stable operations. However. ability to maneuver and change lanes in mid block locations may be more restricted than in LOS B, and longer queues and!or adverse signal coordination may contribute to lower average travel speeds of about percent of the average free flow speed. Motorists will experience an appreciable tension while driving. Level of Service D - borders on a range which small increases in flow may cause substantial increases in approach delay and, hence. decrease in speed. This may be due to adverse signal • • • progression, inappropriate signal timing. high volumes. or some combination of these. Average travel speeds are about 40 percent of free flow speed. Level of Service E - is characterized by significant approach delays and average travel speeds on one-third free flow speed or lower. Such operations are caused by some combination or adverse progression. high signal density. extensive queuing at critical intersections, and inappropriate signal timing. Level of Service F - characterizes flow at extremely low speeds below one-third to one-quarter of the free flow speed. Intersection congestion is likely at critical locations, with high approach delays resulting. Adverse progression is frequently a contributor to this condition. Definitions were paraphrased from the "Highway Capacity Manual". RECOMMENDATIONS This study analyzed the traffic generated by the proposed Two Rivers Plaza commercial development and its impacts on the proposed and existing transportation infrastructure. As can be seen from the HCS calculations. both access intersections will be operating at or above acceptable standards for an unsignalized intersection. Signalizing the Devereux Road; Highway 6 intersection is not necessary at this time, but could be in the future if traffic is significantly increased on Highway 6 or if Traver Trail is realigned with Devereux Road. The only visible problem with the proposed traffic plan is the close proximity of Traver Trail and Driveway B. An entrance ramp at the western corner of the property was considered, however it was found that due to the 40 mph speed limit the deceleration lane would not have permitted the road to drop into the property without a significant loss of buildable space and a large amount of extra fill. It is also proposed that the center lane of Highway 6 between Devereux Road and West 151 Street be consolidated into a 2 -way left turn lane. The lane is currently made up of several left turn lanes including one for Devereux Road and one for Linden Avenue. The storage Length in the current left turn onto Devereux Road will not be sufficient as development increases in the area. We performed traffic counts of left turns onto Linden Avenue and found that removing the lane would not cause (significant traffic service drop. There is also room in this road corridor to increase the center lane to 12 feet wide and reducing the through lanes also 12 feet wide. In conclusion, the proposed intersections do not significantly impact the flow of traffic on Highway 6. The level of service for all the surrounding roads will maintain acceptable. Project • Job ;No. - By Qe Date 4 / Ck'd by i? DNI Date 4717 Subject „ Page of et.0 4- et" fc.L l7 'I'SThdcy At," re:, !, 39 00 'CZ 'CO 1.106 -13100 Sa4 560- leAt., 469 e Pt- KA t1 Aliv\Pci ek s 4 449 17,15-13iLl5 wed"e16104/ 5oc 7,30-110 S + &At. 509 12,15- 3 5 ei DA ei is9 li-V0O-f :00 79 1100-12,00 p"01..a.iky / I 144:is - Oevere K Pm Pe a ecatA .- .L Peal. zo -1) .., 17777-1 )1/4, 1.7 793 xI7 1.7 Peat,‘ 9.5' IS:<_4!414), At- Peat. 730- g 30 SA4 Peal. 06 Ser4 day All PL 6 -zi,tc A' Pt 2 7: _ 6'7•:- 1.7 r 79 X 1.1 = I 1-75 , • r 2--Z` lc 5-,44/ ciVSO &NO" Gy 7 •' 544--)4y x1,7 I3S3 IP/ ; :1 yr. 4,;-? 4-• '.;41 :4e?" '1•%49 4/ e" wes4 (s -L S4 -ire* bp-ik 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • Fax: (970) 945-2555 'FEB -20-2002 WED 0 4 PM CITY OF GLENWOOD SPRINGS FIRO. 9709452597 • Memo P. 02 To: Janet Buck, Andrew McGregor, Robin Millyard, Teresa Williams, Mike Copp From: Larry Thompson Date: February 2, 2001 Subject: Traffic Signal - Hwy 6 & Devereux Road (Two Rivers Plaza Subdivision) Summary The approval of the Two Rivers Plaza Subdivision requires that the developer participate in the cost of a new traffic signal which is expected to be needed at the intersection of Highway 6 and Devereux Road. The approval didn't specifically say what portion of the costs should be contributed by the project developer, so I have attempted to devise a way of calculating what that portion should be. Using the method described below, I have come up with 56% of the cost of the signal as the responsibility of the developer. I expect the cost of the signal to be somewhere between $100,000 and $150,000. If I use an estimated cost of $125,000, then the developer's share would be $70,000 and the City's share would be $55,000. There are certainly other methods that could be used to proportion the costs. I'd like any of you to comment on my recommendations. If you have other ideas for proportioning the costs, please let me know. The developer's share that I have calculated is considerably higher than the $15,000 that High Country Engineering included in a cost estimate that they submitted a couple weeks ago. I think we need to determine what proportion of the cost the developer will be responsible for so that amount can be included in the security he.will be required to furnish prior to recording the subdivision plat. Discussion In approving the Two Rivers Plaza Subdivision, the City Council required that the developer participate in the future cost of signalizing the intersection of Devereux Road and Highway 6. The requirement was no more specific than that - it just said "participate." The wording in the subdivision agreement says "... the Developer shall pay its proportional cost of signalization of the intersection." Proportional cost is stated to mean "that cost, based upon all factors and sources of traffic contributing to the need for signalization of the intersection, such that only that portion of the need attributable to the Subdivision shall be the obligation of the Developer." Neither of these criteria is specific enough for me to know precisely how to determine what portion of the signalization cost should be borne by the Developer. The purpose of this memo is Page 1 of 3 • • 'FEB -20-2002 WED . PM CITY OF GLENWOOD SPRINGS F41110. 9709452597 P. 03 to suggest a method of calculating how to split the costs, and to seek feedback from all of you on whether my method seems acceptable or alternative suggestions that you have. We need to determine soon what the Developer's obligation to the signalization cost will be so that the cost can be included in the public improvements cost estimate for the project, which determines the amount of the security that must be posted prior to recording of the subdivision plat. It's my understanding that the Developer is working toward recording the plat in the near future. There arc a number of conditions which can trigger the need for a new traffic signal. The MUTCD identifies eleven warrants for the installation of a traffic signal. Pie satisfaction of one or more of the warrants is not an absolute justification for a traffic signal - there must also be some judgement involved that determines that the installation of a signal will improve traffic flow and/or safety. In general, though, the warrants are used as a gauge of when a signal is needed. Seven of the warrants in the MUTCD either don't apply to the Hwy 6 and Devereux intersection or are difficult to use with the data that we have available. The remaining four warrants were considered in this analysis. The need for a traffic signal is generally determined by the volume of traffic on the major street and the approach street(s) for certain peak volume periods. Those peak periods are generally the peak hour, the peak four hours, and the peak eight hours on an average day. Under current traffic conditions, none of the warrants for a signal is satisfied at Hwy 6 and Devereux. However, when the projected traffic from the Two Rivers Plaza project is added in, two of the four warrants will probably be met. Those two warrants are based on the peak hour and peak four-hour traffic volumes. In general, it is the increase in traffic on Devereux Road that will trigger the need for a traffic. signal. Therefore, it is my opinion that we should use the proportion of peak traffic volumes on Devereux Road as the measure for proportioning the cost of a new traffic signal. One argument that could be made is that currently the warrants for a traffic signal aren't being met; the Two Rivers Plaza project will add traffic that crosses the threshold and creates the need for a signal; therefore, the project Developer should be responsible for 100% of the signal cost. I don't think this is wow City Council and the Subdivision Agreement had in mind, however. They referred to "participating" and "proportional cost." As 1 mentioned earlier, it is the peak hour and peak four-hour traffic volumes that will likely warrant a new signal. Since we have better data available for peak hour traffic volumes, and the peak four-hour volumes usually bear a uniform relationship to the peak hour volumes, I would recommend that we use the peak hour traffic volumes on Devereux Road as the basis for proportioning traffic signal costs. Based on data included in the project's traffic report, and supplemental data submitted by the Developer's engineer, the existing peak hour traffic volume on northbound Devereux Road approaching the Highway 6 intersection on an average day is 88 vehicles per hour. The Two Rivers Plaza development is projected to add 112 peak hour trips to this, for a total of 200 peak Page 2 of 3 • • • ' FEB -20-2002 WED 4115 PM CITY OF GLENWOOD SPRINGS ONO. 9709452597 P. 04 hour trips northbound on Devereux. The new trips generated by Two Rivers Plaza represent 112/200, or 56% of the total peak hour trips approaching the Highway 6 intersection on Devereux. I would propose using this calculation to proportion 56% of the total cost of signalizing the Highway 6 / Devereux intersection to the Two Rivers Plaza developer. The above calculations are based on the trip generation table in the traffic report for Two Rivers Plaza. Since that table was prepared, we have approved development on two of the five lots in the project (an office building and the Land Rover dealership). The traffic volumes projected for those two developments result in slight, but not significant, changes in the expected peak hour traffic volumes when compared to the numbers in the original report. I would recommend that we adjust the proportioning of traffic costs using the projected peak hour traffic volumes from actual developments approved, if the traffic projections from those uses differs from what was originally assumed, up until the time that the signal is actually installed. Page 3 of 3 • • • I'IMI<.-1G-.-t.t7G 1J • yG n—r Ge&eCh November 26, 2001 Glenwood Caverns Attn: Steve Beckley 508 Pine Street Glenwood Springs, Colorado 81601 •epworth4'awlak Geotechnical, Inc. 5020 County Road 154 Glenwood Springs, Colorado 81601 Phone: 970-945-79S8 Fax: 970-945-8454 hpgeo ®hpgeotech.com Job No. 101 765 Subject: Percolation Testing, Proposed Septic Disposal System, Glenwood Caverns, Glenwood Springs, Colorado. Dear Mr. Beckley: As requested, Hepworth - Pawlak Geotechnical, Inc., performed percolation testing at the subject site. The work was done in accordance with our agreement for Professional Services to Glenwood Caverns, dated November 14, 2001. A profile pit and five shallow backhoe pits had been excavated by the client at the locations shown on Fig. 1. The test holes had been dug at the bottom of the backhoe pits and soaked with water by the client prior to our testing. The subsoils exposed in the percolation holes are similar to those exposed in the Profile Pit and consist of about 1 foot of topsoil overlying sandy clayey gravel with cobbles to the pit depth of 9 feet. No free water was observed in the pit and the soils were slightly moist to moist. Percolation testing was conducted on November 20, 2001, by a representative of Hepworth - Pawlak Geotechnical, Inc. The percolation test results are summarized on Table I. The percolation test results indicate an infiltration rate of 30 minutes per inch. Based on the subsurface conditions encountered and the percolation test results, the tested area should be suitable for a conventional infiltration septic disposal system.. If you have any questions or need further assistance, please call our office. Sincerely, HEPWORTH - PAWLAK GEOTECH �• ; C. Jordy Z. Adamson, Rev. By: DEH JZA/ksw attachments cc: High Country Engineering - Attn: Deric Walter , IQ 29 e")/C NAL c• .( • MAR -12-2002 15:43 H -P GEOTECH • HEPWORTH-PAWLAK GEOTEC•CAL, INC. TABLE 1 PERCOLATION TEST RESULTS r.v JOB NO. 101 765 Page 2 of 2 HOLE NO. HOLE DEPTH (INCHES) LENGTH OF INTERVAL (MIN) WATER DEPTH AT START OF INTERVAL (INCHES) WATER DEPTH AT END OF INTERVAL (INCHES) DROP IN WATER LEVEL (INCHES) AVERAGE PERCOLATION RATE (MIN./INCH) P-4 45 15 7 112 7 1/2 30 7 6 1/2 112 6 1/2 6 ' 1/2 1/2 6 5 1/2 5 1/2 5 1/2 5 4 1/2 1/2 4 1/2 4 112 4 3 1/2 1/2 P-5 58 . 15 8 7 1/2 1/2 30 7 1/2 7 1/2 7 6 1 6 5 1/2 112 5 1/2 5 1/2 5 4 1/2 1(2 4 1/2 4 1/2 4 31/2 112 Note: Percolation test holes were dug in the bottom of backhoe pits and soaked by the client. Percolation tests were conducted on November 20, 2001. The average percolation rates were based on the last three readings of each test. TOTAL P.04 • • • MAR -12-200`, 1:.):43 H -F" UtUItLH • HEPWORTH-PAWLAK GEOTE•ICAL, INC. TABLE I PERCOLATION TEST RESULTS JOB NO. 101 765 Page 1 of 2 HOLE NO. HOLE DEPTH (INCHES) LENGTH OF INTERVAL (MIN) WATER DEPTH AT START OF INTERVAL (INCHES) WATER DEPTH AT END OF INTERVAL (INCHES) DROP IN WATER LEVEL (INCHES) AVERAGE PERCOLATION RATE (M)N./INCH) P-1 46 15 8 1/2 8 1/2 8 7 1 7 6 1/2 1/2 30 6 1/2 6 11/2 6 5 1/2 1/2 5 1/2 5 1/2 5 4 1/2 1/2 4 1/2 4 1/2 P-2 50 15 7 1/2 7 1/2 30 7 6 1/2 1/2 6 1/2 6 1/2 6 5 1/2 1/2 5 1/2 5 1/2 5 4 1/2 1/2 4 1/2 4 1/2 4 3 1/2 1/2 P-3 60 15 11 10 1 30 10 9 1/2 1/2 9 1/2 8 1/2 1 8 1/2 8 1/2 8 7 1/2 1/2 7 1/2 7 1/2 7 6 1/2 1/2 61/2 6 1/2 Noce: Percolation test holes were dug in the bottom of backhoe pits and soaked by the client. Percolation tests were conducted on November 20, 2001. The average percolation rates were based on the last three readings of each test. 7050 / P 3 P 4 PROFILE PIT • 7050 7075 P 5 / 7075 P 1 P 2 EXISTING OFFICE BUILDING 7100 i EXISTING SHAFT EXISTING GRAVEL DRIVEWAY APPROXIMATE SCALE 1" = 40' 101 765 HEPWORTH-PAWLAK GEOTECHNICAL, INC. LOCATION OF PERCOLATION TEST HOLES Fig. 1 • ,l glefpti oof-i March 6, 2002 City Council Glenwood Springs City Hall 806 Cooper Avenue Glenwood Springs, CO 81601 Dear Council Members, 1 r Steve Beckley and Chuck Peterson of The Glenwood Caverns Tramway reviewed the Tramway's conceptual plan with the Glenwood Chamber Board of Directors last June and recently gave us an update regarding the location and partnership with the Carvers to build a hotel adjacent to the Tramway. The Board would like to relay their unequivocal approval and excitement over this plan to City Council at this time. Seldom does an economic development opportunity of such magnitude come a community's way. We feel that the Tramway would benefit Glenwood Springs in many ways: 1. Enhance the area of town which is already the center of tourist activity by adding another world-class attraction; 2. Enable year-round operation of the famous Caverns and thus stimulate the shoulder season economy; 3. Increase visitors (an estimated 40,000) warranting additional rooms; 4. Provide a tramway solution to the problem of transporting people from town to the Caverns; 5. Serve not only as a mode of transportation, but become an additional attraction within itself. We understand that Steve and Jeanne Beckley have overcome the difficult process of securing easements and the next step will be to get final OK from Planning and Zoning and from Council. We feel the true beneficiary of your support and vision will be the entire Glenwood Springs community. Thanks for your consideration. Sincerely, Marianne Virgili, CCE Executive Director THE GLENWOOD SPRINGS CHAMBER RESORT ASSOCIATION 1102 Grand Avenue • Glenwood Springs, CO 81601 970-945-6589 • FAX 970-945-1531 marianne@glenwoodchamber.com • www.glenwoodspringscolorado.com March 14, 2002 CAVERNS PLAZA LLC 302 8`h Street, Suite 325 Glenwood Springs, CO 81601 Attn: Steven Beckley Re: Water service to Glenwood Caverns Dear Steve: the1M O11��A� The purpose of this letter is to confirm the City of Glenwood Springs is willing and able to provide a water tap for the purpose of supplying water for the Glenwood Caverns. This water tap is the water tap provided to the Chimes Investment Club, as part of the consideration given in the deed recorded as Reception Number 538340 in Book 1107 at Page 874. It is my understanding that this water tap is to be transferred from the Chimes Investment Club to the Caverns Plaza LLC group. The water tap size is up to 2". It is my understanding the physical water tap is to be located on Lot 1 of the Two Rivers Plaza Subdivision, and the applicant will transport the water from that location to its point of use. The City will require the property owner to enter into a pre -annexation agreement in exchange for allowing the water to serve property outside the corporate limits. If you have additional questions or comments regarding this issue, please contact me. Sincerely, Robin Millyard d Public Works Director XC: Mike Copp, City Manger Buddy Burns, Water/Wastewater Superintendent \\ ' RECEIVED MAR 1 ;2002 806 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81601 970/945-2575 FAX: 945-2597 A11111111 11111111111111111I111111111111111111111 596036 01/18/2002 04:08P 81322 P396 M ALSDORF 1 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO • MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE ("Memorandum") is dated as of January 1, 2002, by and between Chimes Investment Club Limited Partnership, a Colorado limited partnership, whose address is P.O. I3ox 1904, Glenwood Springs, CO 81602 (the "Landlord"), and Glenwood Tramway, LLC ("Tramway LLC"), a Colorado limited liability company, whose address is 302 8'h Suite 325, Glenwood Springs, CO 81602 and Glenwood Caverns, Inc. ("Caverns Inc."), a Colorado corporation, whose address is 508 Pine Street, Glenwood Springs, CO 81601 (collectively "Tenants"). This ivicmorandum is intended as record notice of the existence and essential terns ofa certain Lease of Easement and Agreement ("Lease") of even date herewith under which Landlord leases and grants to 'Tenants, their successors and assigns, an exclusive casement through the real property described on Exhibit A attached hereto (tlic "Property"), for tramway access to the real property dcscribcd on Exhibit 13 attached hereto and made part hereof (the "Caverns Property"). The lease also provides for the granting of certain casements and rights by Tenant to Landlord. The Lease referred to herein supersedes a prior Lease between Glenwood Caverns, Inc., and Landlord, which was evidenced by a prior Memorandum of Lease dated as of October 1, 2000, recorded on October 10, 2000 as Reception No. 570536 in Book 121 l at Page 660 in the records of the Garfield County Clerk and Recorder. 1. Term and Rent. 'l'hc Lcasc commences on January 1, 2002 and terminates on December 31, 201 1, subject to provisions contained in llle Lease. Tenant has the option to extend the Lcasc for up to two additional ten (10) year terms. 2. Options to Purchase. Tenant has options to purchase portions of the Property at any time prior to January 1, 2012 under the terms set forth in the Lease. 3. Right of First Refusal. If Landlord desires to sell all or any part of the Property, Landlord shall notify Tenants, and Tenants shall have a right of first refusal to buy the Property, under the terms of the Lcasc. 4. Perpetual Nature of Easements. if either Tcnanl acquires fec simple title to the Property pursuant to the Section 10 of the Lease or otherwise, or if Caverns, Inc. acquires fec simple title to the lands presently leased by Caverns, Inc. Iron► POW, V/, Inc. and Tenants have commenced commercial operations of Tenant's Tramway, the easements described in Section 5 of the Lcasc shall become permanent and irrevocable grants to Landlord (to the extent of 'Tenants' interest) and shall be included in an casement decd from Tenants to Landlord. Ifeither Tenant acquires Ice simple title to the Property pursuant to Section 10 of this .Lease or otherwise, or if Caverns, inc. acquires fee simple title to the lands presently leased by Caverns, Inc. from POW, Inc. and Tenants have commenced -1- i'. i/,, 1r� When recorded, return to: BEATTIE & CHADWICK ATTORNEYS AND COUNSELORS AT LAW 710 COOPER AVENUE, SUITE 200 GLENWOOD SPRINGS, CO 81601 A11111111111111111111111111 111111 111 11111 111 596036 01/18/2002 04:08P B1322 P397 M ASDORF ORF 2 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO commercial operations of Tenant's Tramway, the easements described in Section 4 of the Lcasc shall become permanent and irrevocable grants to Tenants and shall be included in an casement decd from Landlord to Tenants. 5. Successors and Assigns. The terms, covenants, and provisions of the Lease extend to and are binding upon the respective heirs, executors, administrators, successors, and assigns of the Landlord. 6. Reaffirmation of Lease. The parties by this Memorandum ratify and affirm all of the terms and conditions of the Lcasc and declare that the real property described herein is in all respects subject to tlic terms of the Lease. LANDLORD CHIMES INVESTMENT CLUB LIMITED 11ARTNERSIIIP By: . �f1,Th Joseph A. Claudon, General Partner By: c—_ Celina Claudon, General Partner JOSEPH A. CLAUDON Individually (r" Joseph A. Claudon CELINA CLAUDON Individually Celina Claudon ce �1 TENANT GLENWOOD TRAMWAY, LLC Steve Beckley, Manager GLENWOOD CAVE S, INC. Bv• -2- Steve Beckley, Presiden I'iillll lilll Iillll IIII IIIII AIII III IIIII IIII IIII 596036 01/18/2002 04 08P B1322 P398 M ALSDORF 3 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO COUNTY OF GARFIELD ) • ) ss. • The foregoing instrument was acknowledged before me this f7/4 day of �%A eegrcy , 2002, by Celina Claudon, individually and as a General Partner of Chimes Investment Club, a Colorado limited partnership, otn behalf of said limited partnership, and by Joseph A. Claudon, individually and as a General Partner of Chimes Investment Club, a Colorado limited partnership, on behalf of said limited partnership. Witness my hand and official seal. 744ayOkL4e, y Public My commission expires: /— 2 1- Zooq STATE OF COLORADO ) ss. COUNTY OF GARFIELD • ks The foregoing instrument was acknowledged before nye this/N% day of fp#i ua n, , 2002, by Steve Beckley, as President of Glenwood Caverns, Inc., a Colorado coiporation, on behalf of said corporation, and as Manager ofGlcnwood Tramway, LLC, a Colorado limited liability company, on behalf of said company. Witness nay hand and official seal. -414.4;t_1./44tilivuoe- Public My commission expires: / — 2 y- 2 o o y -3- 1111111 V111111IIII III VIII IIII IIII 596036 01/18/2002 04:08P B1322 P399 M ALSDORF 4 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A • Chimes Investment Club Property Township 6 South,oRange 89 West of the Sixth Principal Meridian A tract of land situated in Government Lots 5 and 7, Section 4, Township 6 South, Range 89 West of the 6'1' Principal Meridian being more particularly described as follows: Beginning at the south ''A corner of said Section 4; thence N 88'08'24" W 75.65 feet along the south line of said Section 4 to the easterly line of MS 6578; thence along the easterly, northerly and westerly lines of said MS 6578 the following courses: N 17'00'00" W 1129.37 feet; thence S 73'00'00" W 300.00 feet; thence S 17'00'00" E 252.39 feet to the easterly line of MS 4069; thence along the easterly, and northerly lines of said MS 4069 the following courses: N 22'35'00" W 370.52 feet; thence S 67'25'00" W 196.00 feet to the easterly line of MS 4070; thence along the easterly and northerly lines of said MS 4070 the following courses: N 22'35'00" W 200.00 feet; thence S 67'25'00" W 300.00 feet to the easterly line of MS 3991; thence N 22'45'00" W 321.08 feet along the easterly line of MS 3991 to the north line of said Government Lot 7; thence S 89'03'13" E 1457.19 feet along the north line of said Government Lot 7 to the northwest corner of Government Lot 5; thence N 89'55'00" E 1432.34 feet along the north line of said Government Lot 5 to the westerly line of MS 6596; thence along the westerly and southerly lines of MS 6596 the following courses; S 25'00'00" W 1074.48 Icer; thence S 65'00'00" E 149.84 feet to the north line of Defiance Townsite; thence along the north and west Tines of said Defiance Townsite the following courses; N 88'28'00" W 567.47 feet; thence S 1'32'00" W 339.64 feet to the south line of said Section 4; thence S 89'46'00" W 574.56 feet along the south line of Section 4 to the point of beginning, said parcel contains 48.657 acres more or Tess. Except a tr. of land cont. .14 Ac.+/- as Desc. In BK1 107/874. Total: 48.517 Ac.+/- '114111111111111111111111111140111111111111111111111 • .596036 01/18/2002 04:08P 81322 P400 M ALSDORF 5 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO EXHIBIT B Glenwood Caverns Property The 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 3i NW/4SW/4 Section 4: Lot 10 AGREEMENT FOR PARTITION OF PROPERTY AND GRANT OF EASEMENT THIS AGREEMENT FOR PARTITION OF PROPERTY AND GRANT OF EASEMENT (this "Agreement") is made and entered into on the /' day of Febraa►'U" 2002, by and between Glenwood Caverns, Inc. ("GCI"), a Colorado corporation, whose address is 508 Pine Street, Glenwood Springs, CO, 81601, and Lyle R. Moss and Cathy J. Moss ("Mosses"), whose address is 56 Briar Hollow Lane, #5, Houston, Texas, 77027. RECITALS A. Mosses own certain real property in Garfield County, Colorado, legally described as: Lot 6, Section 4, Township 6 South, Range 89 West of the Sixth Principal Meridian (hereinafter the "Moss Property"). 9 B. POW, INC., a Colorado corporation ("POW") owns certain real property in Garfield County, Colorado, to the north immediately north of and adjacent to Mosses' property, legally described as: Township 6 South, Range 89 West of the Sixth Principal Meridian Section 3: NW 1/4 SW 1/4 Section 4: Lot 10 (hereinafter the "POW Property"). C. POW and Mosses, as tenants in common with equal one-half interests, own a parcel of real property known as the Washington Lode, Lode Survey #6596, Hot Springs Mining District, in Section 4, Township 6 South, Range 89 West of the 6°i Principal Meridian (the "Washington Lode"). The Washington Lode has an area of Page 1 of 13 approximately 9.28 acres and is also legally described by the metes and bounds attached hereto as Exhibit A. D. By Lease dated April 22, 1998, JMB Properties, Inc., a Colorado corporation, leased the south half of the POW Property described above, and obtained an option to purchase said leased area together with POW's one-half interest in the Washington Lode. JM,B Properties, Inc. has assigned all of its rights and obligations under the Lease to Glenwood Caverns, Inc. Glenwood Caverns, Inc., has given notice to POW of its intent to exercise its option to purchase. GCI anticipates completing this purchase within six months, by September 1, 2002. E. GCI filed a lawsuit against Mosses, POW, and TCI Holdings, Inc., seeking partition of the Washington Lode, Garfield County District Court Case No. 01 CV 261. F. Mosses are willing to agree to the partition of the Washington Lode into two parcels on the terms and conditions set forth below, in exchange for GCI's agreement to dismiss its lawsuit and GCI's agreement to grant a perpetual easement to Mosses across the south half of the POW Property and the Washington Lode for access to Mosses' property. AGREEMENT NOW THEREFORE, in exchange for good and valuable consideration including the covenants of the parties hereto, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Accuracy of Recitals. The foregoing recitals are accurate. 2. Agreement Contingent Upon GCI Obtaining Title. All of the agreements herein are contingent upon GCI obtaining title to the south half of the POW property and POW's one-half interest in the Washington Lode pursuant to GCI's exercise of its option to purchase the same from POW. This Agreement shall be consummated or closed promptly after GCI obtains title to such property. If GCI fails to obtain title for any reason within six Page 2 of 13 (6) months from the date of the this Agreement, this Agreement and all obligations of the parties hereunder shall terminate, without further obligation or liability of either party to the other. 3. Partition of Washington Lode. GCI and Moss agree to partition or divide the Washington Lode into two parcels as follows: a. South parcel, to become part of Mosses' Property, legally described in Exhibit B hereto. b. North parcel, to become part of GCI Property, legally described in Exhibit C hereto. Each parcel shall include all surface and mineral rights, subject to the provisions of paragraph 18 below. A map showing the Washington Lode and the two parcels after partition is attached hereto as Exhibit D. 4. Definition of "GCI Property." The property to be acquired by GCI, namely, the south half of the POW Property and the north parcel of the Washington Lode, are collectively referred to below as the "GCI Property." 5. Exchange of Quit Claim Deeds. GCI will tender a Quit Claim Deed to Mosses, and Mosses will tender a Quit Claim Deed to GCI, in the forms attached as Exhibits E and F hereto, to accomplish the division of the Washington Lode. The deeds shall be signed at the time of execution of this Agreement, but held in escrow and recorded later when GCI obtains title to the above described property from POW. The Deeds shall be held in escrow by Mosses' attorney, and he shall submit them for recording promptly after GCI obtains title and provides proof thereof to Mosses' attorney, and after the boundary line adjustment provided for in the following paragraph is approved by Garfield County. 6. Boundary Line Adjustment. The obligations of the parties are contingent on approval of a boundary line adjustment by Garfield County. The parties will each apply for a boundary line adjustment, and each shall consent to the other's application. Within thirty Page 3of13 • • (30) days after execution of this Agreement, GCI's attorney will prepare boundary line adjustment documents for both GCI and Mosses, for review by Mosses' attorney. Upon approval by Mosses, the documents will be signed by both parties and deposited in escrow with Mosses' attorney. Within thirty (30) days after GCI obtains title to POW's interest in the Washington Lode, the boundary line adjustment documents and other necessary documents shall be submitted to the County to the County. GCI and Moss will reasonably cooperate and assist each other in seeking County approval, including, without limitation, appearing at any public hearing regarding the Boundary Line Adjustment. 7. Grant of Easement by GCI to Mosses. GCI hereby agrees to grant to Mosses and their guests and invitees a perpetual, non-exclusive 30 -foot wide easement across the GCI Property (the south half of the POW Property and the north part of the Washington Lode), for ingress and egress and utilities, located approximately where "Easement to Mosses" is shown on Exhibit D. GCI will sign and tender an Easement Deed in the forum attached as Exhibit G. The Easement Deed shall be held in escrow by Mosses' attorney and recorded immediately after the quit claim deeds (and applicable boundary line adjustment documents) are recorded. The easement shall be 30 feet in width and shall provide for a 16 - foot driving surface and 7 -foot shoulders on each side for the location of utilities. The driving surface of such easements may be paved or surfaced by GCI at its sole discretion, or by Mosses in a manner approved in advance by GCI and such approval shall not be unreasonably withheld. All utilities in the easement shall be underground. The easement granted hereunder shall supersede and replace any and all other easements, whether recorded or existing by prescription or historic use except as noted in this Agreement. GCI authorizes Mosses to use this easement between the date of this Agreement and date of recording of Exhibit G. 8. Covenants of Mosses Regarding Usc of Easement. Mosses covenant and agree (a) to keep the easement area in a good and orderly condition; (b) to use the easement only in compliance with applicable fire, safety, health, environmental, zoning, and any other laws or regulations governing the use of the easement; (c) to neither commit nor allow any waste, damage, or injury to the easement or the adjacent POW (GCI) Property; (d) to neither Page 4 of 13 • • commit nor allow any disorderly conduct, dangerous, noxious or offensive activity, excessive noise or other nuisance on or about the Property; and (e) not to transport toxic materials on the easement. 9. Grant of Easement by Mosses to GCI. Mosses hereby agree to grant to GCI and their guests and invitees a perpetual, non-exclusive 30 -foot wide easement across Mosses' Property (Lot 6), for ingress and egress and utilities, located approximately where "Easement to GCI" is marked on Exhibit D. Mosses will sign and tender an Easement Deed in the form attached as Exhibit H. The Easement Deed shall be held in escrow by Mosses' attorney and recorded immediately after the quit claim deeds (and applicable boundary line adjustment documents) are recorded. The easement shall be 30 feet in width and shall provide for a 16 -foot driving surface and 7 -foot shoulders on each side for the location of utilities. The driving surface of such easements may be paved or surfaced by Mosses in their sole discretion, or by GCI in a manner approved in advance by Mosses, and such approval shall not be unreasonably withheld. All utilities in the easement shall be underground. The easement granted hereunder shall supersede and replace any and all other easements, whether recorded or existing by prescription or historic use except as noted in this Agreement. Maintenance of roads on the Moss property which are not included in this easement over the Moss property shall be the responsibility of Mosses. Mosses authorize GCI to use this easement between the date of this Agreement and date of recording of Exhibit G. 10. Covenants of GCI Regarding Use of Easement. GCI covenants and agrees (a) to keep the easement area in a good and orderly condition; (b) to use the easement only in compliance with applicable fire, safety, health, environmental, zoning, and any other laws or regulations governing the use of the easement; (c) to neither commit nor allow any waste, damage, or injury to the easement or the adjacent POW (GCI) Property; (d) to neither commit nor allow any disorderly conduct, dangerous, noxious or offensive activity, excessive noise or other nuisance on or about the Property; and (e) not to transport toxic materials on the easement. 11. Cave and Mineral Rights. GCI agrees to grant a perpetual right to Mosses of all cave and mineral rights under the GCI parcel of the Patented Mining Claim Washington Page 5of13 Lode, subject to the provisions in this section. For purposes of this section, "GCI Parcel" means the northerly parcel of the Washington Lode to be retained by GCI, as described in Exhibit C. a. Mosses acknowledge that they have no surface easements over the GCI parcel, other than the roadway easements provided for in this Agreement. Mosses agree not to use or disturb the surface of the GCI parcel in any way (other than to use the roadway easement), not to mine minerals through the surface of the GCI parcel, and not to create or use any surface entrance on the GCI parcel to any caves that may be discovered under the GCI parcel. Mosses agree not to use explosives under the GCI parcel that would in any way adversely affect the surface use and structural stability of the entire GCI parcel including specifically not to adversely affect the structural integrity of foundations for proposed or existing tramway or gondola towers, and building foundations. Such things as drilling for bentonite clay, rock splitters, and Hilti capping would be permitted if this activity does not in any way adversely affect the surface stability or surface workings. b. GCI agrees to reasonably protect any cave and mineral resources on the GCI parcel by refraining from any actions that may injure the cave and mineral resources, including such things as unreasonable use of explosives, creating or using cave entrances, placing leach fields over cave and mineral resources, making significant changes in surface drainage, allowing toxic chemical spills over cave or mineral resources, or burying waste that may have toxins which may potentially seep into cave or mineral resources. c. Mosses agree to reasonably protect any cave and mineral resources on the GCI parcel by refraining from any actions that may unreasonably injure the cave and mineral resources. d. Mosses agree to supply timely, pertinent information to GCI about any and all cave and mineral resources they may discover under the GCI parcel, for purposes of cave and mineral resource protection. If any cave is discovered under the Page 6 of 13 • • GCI parcel that connects to caves under other property owned by GCI, Mosses and GCI will reasonably cooperate to protect all cave resources. e. Nothing in this Agreement shall be construed to preclude or interfere with GCI's right to install tramway towers and foundations on the GCI parcel. Mosses will reasonably assist and shall not interfere in any way in the development of the GCI parcel including placement of tramway or gondola lift tower foundations. 12. Maintenance and Improvement of Easements. GCI shall maintain the easements (both the easement granted by GCI to Mosses and the easement granted by Mosses to GCI) at GCI's expense, in such condition as needed by GCI for access by four-wheel drive vehicle except when snow, mud, or weather conditions make any use of the road impractical. Either party may, in its discretion and at its expense, grade, gravel, pave, or otherwise improve the easements, subject to the approvals required in paragraphs 7 and 9 above. 13. Dismissal of Court Action. GCI shall file a voluntary dismissal of Case No. 01 CV261 in a fo«n substantially as shown in Exhibit I, on or before the date of recording of the quit claim deeds and grant of casement as provided above. Until that date, GCI agrees not to require an Answer or other responsive pleading from Mosses in the court action, to obtain any necessary Court consent to hold the action in abeyance, and to cooperate with Mosses' attorney in so advising the Court, so long as Mosses are not in default under this Agreement. If GCI believes that Mosses are in default under this Agreement, GCI shall give Mosses written notice of default, and Mosses shall then be required to file an Answer or other responsive pleading within 20 days after such notice. 14. Easement for Mosses Across Property Retained by POW. GCI will use good faith efforts, at GCI's expense, to attempt to obtain for Mosses' benefit, or help Mosses obtain for themselves, a 30 -foot wide written easement from POW for access across the north half of the POW Property, which is to be retained by POW. GCI will, without warranty, grant Mosses a right to use the same access GCI has across the north half of the POW Property, as set forth in the Lease and Option Agreement dated April 22, 1998 between POW and GCI's predecessor JMB Properties, Inc., a copy of which has been furnished to Mosses' Page 7 of 13 • • attorney. However, GCI cannot guarantee that Mosses will be able obtain a written easement from POW, and Mosses' obligations regarding partition of the Washington Lode under this Agreement are not contingent on their obtaining such a written easement from POW. GCI authorizes Mosses to use this easement between the date of this Agreement and date of recording of Exhibit G. 15. Easement for Mosses across Claudon Property. GCI will use good faith efforts to obtain for Mosses, or cause Joseph and Celina Claudon to grant to Mosses, an easement across the northeast corner of Claudons' property (also known as Lot 12). If Mosses do not receive such easement for any reason, and cannot reasonably use the lower JAC road, GCI will grant alternate access to Mosses, either on the old road via the Caverns parking lot and down to the Washington Lode, or along a new route to be agreed in writing; provided, however, that if Mosses later obtain an easement across the northeast corner of Claudons' property, the alternate route shall be vacated at that time except for temporary emergency purposes as described in paragraph 16 below. 16. The parties hereto recognize that there may be times when due to rockfall or other emergency circumstances the lower road (JAC Road) may not be useable and the only alternative may be use of the upper road or other agreed route across the GCI property. For said temporary emergency purposes only, GCI hereby further grants to Mosses an easement of said upper road via the Caverns parking lot down to the Washington Lode or other agreed route as noted in paragraph 15 above. 17. Survey. GCI will provide an accurate survey of the access easement, at GCI's expense, not later than the date of recording of the Easement Deed provided for above. 18. Aerial Tramway. GCI or others working with it may construct an aerial tramway that would be on GCI's property but would cross the road easement. GCI agrees that if an aerial tramway is constructed, it will have a minimum clearance above the ground of 25 feet and will not interfere with normal use of the road easement. Mosses agree that they will do nothing on the easement that would interfere with the construction or operation Page 8 of 13 • • of any such aerial tramway, or interfere with any evacuation trail or service road on the ground below the tramway. 19. Real Property Taxes. Each party shall pay its or their respective real property taxes for 2001 (due in 2002) on the un -partitioned Washington Lode. Each party shall be responsible for the 2002 (due in 2003) real property taxes on the resulting parcels of the Washington Lode,after partition, without proration of any kind. This is a full and final settlement of any property tax liabilities. 20. Hold Harmless and Indemnity. Mosses agree to indemnify and hold GCI harmless from and against any and all claims, liabilities, or demands relating to any injury, damage, or loss Mosses or their employees, contractors, agents, guests or invitees may suffer from use of the easement or the cave and mineral resources, unless such injury, damage or loss is the result of an intentional act or gross negligence on the part of GCI. GCI agrees to indemnify and hold Mosses harmless from and against any and all claims, liabilities, or demands relating to any injury, damage, or loss GCI or its guests or invitees may suffer from use of the easement, unless such injury, damage or loss is the result of an intentional act or gross negligence on the part of Mosses. 21. Attorney Fees and Costs of This Agreement. Each party shall bear its or their own attorney fees and costs incurred in connection with preparing, reviewing and carrying out the provisions of this Agreement, except as provided above in connection with the preparation of boundary line adjustment documents. 22. Attorney Fees and Costs In Event of Dispute. In the event of any litigation or arbitration between the parties to enforce any provision of this Agreement, the unsuccessful party to such litigation or arbitration shall pay to the successful party all reasonable costs and expenses, including without limitation reasonable attorney's fees and expert witness fees, incurred in such proceeding. 23. Notices. All notices pursuant to this Agreennent shall be in writing and may be delivered by personal service or by mailing a copy by registered or certified mail, return Page 9 of 13 receipt requested, postage prepaid, addressed to the parties at the addresses specified in the preamble to this Agreement, or at such other future address or addresses as may from time to time be designated by such parties in writing. Service shall be deemed complete at the time of the personal delivery of such notice or within seven (7) days after mailing of the same. Copies of any notices shall also be given to counsel for the parties as follows or such future address as may be provided in writing by either party: Attorney for GCI: Glenn D. Chadwick Beattie & Chadwick 710 Cooper Avenue, Suite 200 Glenwood Springs, Colorado 81601 Attorney for Mosses: Walter E. Brown III 1120 Grand Avenue Glenwood Springs, Colorado 81601 24. Severability; Waiver. If any clause or provision of this Agreement be determined to be illegal, invalid, null, void or unenforceable under present or future laws, then it is the intention of the parties that the other terms and provisions of this Agreement shall remain in full force and effect. No assent, expressed or implied, to any breach of any one or more of the covenants of this Agreement shall be taken or deemed to be a waiver of any succeeding or other breach. 25. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of the parties. 26. General Provisions. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Colorado, and any legal action concerning this Agreement shall be brought only in Garfield County, Colorado. Any word contained in the text of this Agreement shall be read as singular or plural and in the masculine, feminine or neuter gender as may be applicable in the particular context. The captions of this Agreement are for convenience only, are not part of the Agreement, and do not in any way limit or amplify any term, condition or covenant. This Agreement contains all Page 10 of 13 of the agreements, understandings and representations between the parties. No term of this Agreement shall be altered, amended, waived or modified to any extent, except by written instrument executed by both parties, This Agreement may be executed in two or more counterparts, each ofwhich shall be an original, and all ofwhich shall constitute one and the same instrument. Time is of the essence of this Agreement. Each of the parties has been represented by counsel of such party's choice, this Agreement represents the results of negotiation and compromise, and this Agreement shall not be construed for or against either party based on the source or author of the original draft of same. 27. Facsimile signatures; counterparts. Signatures may be evidenced by facsimile. Documents with original signatures shall be provided within 10 days after signing. A copy of this Agreement may be executed by each party, separately, and when each party has executed a copy, such copies together shall be deemed to be a full and complete contract between the parties. LYLE R. MOSS GLENWOOD CAVERNS, By: Lyle R. Moss Steve Beckley, Manager CATHY J. MOSS Cathy J. Moss Page 11 of 13 H Eb l b 2UU� I• k l UI: ► .t PH bEATT I E AND i;HADW ICK 411/ irlb 8611 N. U"I of the agreements, understandings and representations between the parties. No term of this Agreement shall be altered, amended, waived or modified to any extent, except by written instrument executed by both parties. This Agreement may be executed in two or more counterparts, each of which shall be an original, and all of which shall constitute one and the same instrument. Time is of the essence of this Agreement. Each of the parties has been represented by counsel of such party's choice, this Agreement represents the results of negotiation and compromise, and this Agreement shall not be construed for or against either party based on the source or author of the original draft of same. 27. Facsimile signatures: counterparts. Signatures may be evidenced by facsimile. Documents with original signatures shall be provided within 10 days after signing. A copy of this Agreement may be executed by each party, separately, and when each party has executed a copy, such copies together shall be deemed to be a full and complete contract between the parties. LYLE R MOSS OD CAVERNS, INC. Lyle R. Mo . / Steve Beckley, Manager CATHY J. MOSS Page 11 of 13 Schedule Of Exhibits A. Legal description (metes and bounds) of Washington Lode B. Legal description of south parcel of Washington Lode (Moss) C. Legal description of north parcel of Washington Lode (GCI) D. Map showing Washington Lode and parcels after partition E. Quit claim deed, GCI to Moss, south parcel Washington Lode (to be agreed) F. Quit claim deed, Moss to GCI, north parcel of Washington Lode (to be agreed) G. Easement Deed, GCI to Moss (to be agreed) H. Easement Deed, Moss to GCI (to be agreed) I. Voluntary Dismissal of Case No. 01CV261 (to be agreed) Page 12 of 13 JZ/ ! 4/ 2LlFJ2 1 : 2b Uy,J5LJ3J3 • STATE OF 1 �G� 5 ) ) 33. COUNTY OF E.1-aYVIS ) WAL i tk t b• N 111 I r -tut l 5 FThe foregoing instrurnent was acknowledged eb , 2002, by Lyle R. Moss. Witness my hand and official seal. My commission expires: 11 /3)P STATE OF �� Yas COUNTY OF G I Z V'rIS ) ss. i before me this LL day of BONNIE AVINA-LOPEZ Notary Public, State of Taxed My Commission Exphn NOVEMBER 3, 2005 � The foregoing instrument was acknowledged �� 2002, by Cathy J. Moss. Witness my hand and official seal. My commission expires: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) before me this l J day of i BONNIE AVINA-LOPEZ Notary Public, State of Texas My Commission Expires NOVEMBER 3, 2005 13n/z/u/cA' Notary Public 0,044'44-4 The foregoing instrument was acknowledged before me this /9- day of h , 2002, by Steve Beckley, as President of Glenwood Caverns, Inc., a Colorado corporation, n behalf of said corporation. Witness my hand and official seal. My commission expires: Public Page 13 of 1343 k. tr it :•_, : '+fir -til --P- = rl n t` Exhibit A Washington Lode: Known as: Washington Lode, Lode Survey #6596, Hot Springs Mining District, in Section 4, Township 6 South, Range 89 West of the 6th Principal Meridian. Metes and Bounds: Beginning at a point whence the North '/aCorner of Section 9, T.6S. R.89W. of the 6th Principal Meridian bears S. 68° 51'W. a distance of 1,087.68 feet. Hence N. 25° E. 1362.30 feet, thence S. 65° E., 300 feet, thence S. 25° W., 1300.86 feet to a point that lies on the north line of the Defiance Townsite, thence N. 88° 28' W., 154.29 feet along said north line, thence N. 65° W., 158.47 feet to said point of beginning. The area of the Washington Lode as described above is 9.28 Acres Exhibit B Description of South parcel of Washington Lode (Moss) Beginning at a point that lies on the western boundary of the SE 'A, SE 'A of Section 4 of T. 6S. R.89W. of the 6"' P.M., whence the North 'A Corner of Section 9, T.6S. R.89W. of the 6th Principal Meridian bears S. 52° 32' 49" W. a distance of 1,629.31 feet. Thence N. 53° 30' 16" E., 628.63 feet, thence S. 25° 00' W., 1212.64 feet, thence N. 65° 00' W., 300.00 feet, thence N. 25° 00' 00" E., 660.21 feet to the point of beginning. The area of the Washington Lode retained by Moss described above will be 6.45 Acre. Exhibit C Description of North parcel of Washington Lode (GCI) Beginning at a point that lies on the western boundary of the SE '/a,SE '/a of Section 4 of T. 6S. R.89W. of the 6" P.M., whence the North '/a Corner of Section 9, T.6S. R.89W. of the 6th Principal Meridian bears S. 52° 32' 49" W. a distance of 1,629.31 feet. Thence N. 25° 00' E. 702.09 feet., thence S. 65° 00' E., 300.00 feet, thence S. 25° 00' W., 149.66 feet, thence S. 53° 30' 16" W., 628.63 feet to the point of beginning. The area of the Washington Lode retained by GTC described above will be 2.93 Acre. BLM SECTION 4 BLM SIA JOSEPH AND CELINA CLAUDON N1/2LOT 10 S112 LOT 10 LENWOOD CAVERNS WASHINGTON L NORTH PART1 CAvela Ns Po&O, LOT 5 • _ CAVERNS Mo55 AaS ��,n�\� �6��6— �II�, ACCESS DY6(t CLAUDo P(orea-ri ACCESS O= ' Moss eAsa M J � To GCI �2ryry. O _ V - LYLE MOSS 1W17 MEI LOT 6 DATE 1-21-02 SCALE 1 "=300' ENGINEER CRP CHECKED se SOB 846-01 IEKHOBOT M%n ASG;IOU`JOT 00 nM LODE C pI OTOOGr (�[�(/�LM�-(� [2nj(� fin., L71 -D. A V LSOVLJOIIVEEROM8, LS u- L s 302 8TH ST., SURE 325 P.O. BOX 160 GLENW00D SPRINGS, COLORADO 81602 (970) 945-2238 FAX 945-2977 } I:\LDT\dwg\total development.dwg, 01/21/2002 02:06:48 PM STOCK ASSIGNMENT (with warranty) KNOW ALL MEN BY THESE PRESENTS that for value received, PETER P. PREBBLE and MARY E. PREBBLE, 5155 Raleigh Street, Denver, Colorado 80212-2609 ("Assignors"), do hereby sell, assign and transfer to STEVE BECKLEY and JEANNE N. BECKLEY, 508 Pine Street, Glenwood Springs, . Colorado 81601 ("Assignees"), Six Hundred and Thirty -Five (635) shares of the capital stock of POW, Inc., a Colorado corporation, which shares are represented by Certificate No. 1 for 1 share, Certificate No. 4 for 176 shares, Certificate no. 10 for 227 shares and Certificate No. 11 for 231 shares standing in the name of Assignors on the books of the Corporation. (Copies of the Certificates are attached) AND ASSIGNORS represent, warrant and agree that the shares herein assigned constitute and represent one hundred percent (100%) of all issued and outstanding stock in the Corporation; that all such shares have been validly issued, are fully paid and nonassessable, and that there are no other classes of stock; and that Assignors have good and marketable title to all such shares and are vested with the absolute right to sell and convey the same to Assignees. AND Assignors do hereby irrevocably constitute and appoint the Secretary of the Corporation, as attorney-in-fact, to transfer such stock on the books of said Corporation with full power of substitution in the premises. Dated this 8th day of March, 2002. STATE OF COLORADO ) COUNTY OF GARFIELD ) ss Peter P. Prebble Mary E. Prefble The foregoing instrument was acknowledged before me this 8th day of March, 2002, by Peter P. Prebble and Mary E. Prebble. Witness my hand and official seal. r/ My commission expires: v ►'-�- 17 24C C:\Office Data \CLIENT1Prebblc\Doc \Stock Assigncnent.wpd I MCO Pro RATED: UN D6R'THE; L'AWSrfOB?, 8. _ r inEs nun. Peter P. Prebble - owne7/,o� Two Hundred Twenty-seven _ ,o,�,te z/ie?ei oc%,o� POW, INC. Fully V� . and Non -Assessable ta&iar*Gzyorvt. /vco e/e e Sarai ;1y,(lz/c7 ,4e Diin hrrna3.,trfii �' iyri cae �'t11� to Ga „i -22nd ,dayF July s, 1 D a0[[ 5 3 ACE-LAUfPMAN RUBBER SMV & SEAL CO., DENVER IMCORPORATED UNDENVTNE.LAWS,OF TWC `.UNDP=O THI RTY-CNr Pte', SNC. tjQ a/t/e:eye c/( e /ee.1Crt 3nl13itnrs5 phprrat, tlrera�a'%£�1rcr�rG�r� fiar- aueimen,'.od%'r d axe;ii,. ; i.f;/enleeere:Gi .i:ie eal c,Z`ae - fieo(erze�. Fully Paid and Non -Assessable S �c�fir�rtr�� y,��ir lal�l t :.l5P2ec ,th .c�l'�lz�✓�'it cafe-/ ei4 �n �iea< < ��uvea't��zrr`ca tes;14:7'.ig4edi,lzf, cidtu'!rf /y TH clar CrTrQ�R - k , /SECRETARY PRESIDENT --4"ZAP:-.41:e -12):'"Iial 1V; :.1(.145'.'et." : \ ' CVO. 'S C'''' v ACE-RAUFFMAN RUBBER STAMP & SEAL CO.. DENVER • W ' Peter P. Prebble �;'Xaourievc POW, INC. Fully Paid and Non-Assessab% s'- zJa e-r.4(401roxe re ifiozze ez iear its ea Xt rG�,e. 3n113ilnes5 inhrraui aezAaei t—et ihezr;.aedea'ae�it ea-A;l-4..,cls .&(1 21st ,dards/ May 2,//7 6 3 J-, _ - 'SECRETARY - -! PRESIDENT:; , s$ RES f.� //N/�/'✓�[ i �C M �! EA C:•L: ACE-CAUfPMAN RURRER STAMP & SEAL CO., DENVER POW, INC . Fully Paid and Non -Assessable zal�e cnl`;e7z-; e �iie-e zz ;-: 'yz el -'z 'ezee e;n' 7`1c7j<W ce/v �9, zeyerf e7zewe ,/e--,;(x&_zticai / e4,5-6 d 3nDifn. hrrrnl.,ae..faed rAoraGi�: iat-theivead't!r/✓%'e'21r�'.'a•.to� .s�:ce4il ry- 1. do zrzl6na.Car+-.:eaAe."ar4i-;a.c�a/: blit> iii=_, .� 4th • dart . !arch11./_� 04. '=__ ill n .. '/�' "ice ,? i 6 '- . • - ' SECRETARY` ACE-(AUPPMAN IIUIBEt STAMP & SEAL CO., DENVER PRESIDE:Et - -- 03/01/2002 10:52 -13-2002 10:14 7608369661 • DELANEY & DELANEY DELANEY PAGE 01 • 970 945 2303 P.01 _ pDtTM OF A��EEMENT THIS MEMORANDUM OF AGREEMENT, dated the 13th day of March 2002, is made and entered into by and between Pitkin Iron Corporation ("Grantor"), /o Robert dDe1 n ood 1001 Grand Avenue, Suite 106 P.O. Box 2115, Glenwood Springs, CO, 80162, Tramway, LLC and Glenwood Caverns, lye, (collectively, "Grantees"), c/o Charles R. Peterson, 302 8`}` Street, Suite 325, P.O. Drawer 160, Glenwood Springs, CO, 81602. 1. Grantor and Grantees have entered into an Easernent Lease/Purchase Option Agreement (the "Agreement"), dated February 20, 2002, to for the benefitdftheescribed rn Exhieal bitrtB described in Exhibit A attached hereto and to burden the real property attached hereto. 2. Pursuant to the Agreement, Grantees have an option to lease or purchase an easement for the construction, operation, and maintenance of an aerial tramway in the location shown in Exhibit C attached hereto, subject e thenQ ���conditions ee t gym the location an si�owne as -built location of the Tramway� of y deviate by in Exhibit C without prior appy 3. The initial option period in the Agreement is until August 20, 2002, and may be extended for up to two (2) additional subsequent terms of six (6) months each. 4, The Agreement is binding on the successors and assigns of the parties. Amendments to the Agreement, if any, must be in writing. IN WITNESS WHEREOF, the partes have executed this Memorandum of Agreement effective on the day and year first written above. GRANTEES GLENWOOD TRAMWAY, LLC. GRANTOR PTTKIN IRON CORPORATION Robert Delaney Vice -President Page 1 4;;:: Charles R. Peeei on, Manager GLENWOOD CAVERNS, 13y. eve Beckley, President When recorded, return to: Beattie cf Chadwick 710 Cooper Avenue, Sutte 200 Glenwood Springs, Colorado 81601 03/01/2002 10:52 1 _ - MAR -13-2002 10:14 7608369661 • DELANEY & DELANEY DELANEY • 970 945 2303 PAGE 02 P.02 STATE OF COLORADO ) )sa. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before meonsa day of corporaU ch, 2002, by Robert Delaney, a Vice -President of Pitkin Iron Corpora Witness my hand and official seal. L. 1\ Jl i •� ••',..• • • 47' • My commission expires: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this I7lh day of Alif rc�i 2002, by Charles R. Peterson, as Manager of Glenwood Tramway, LLC, a Colorado limited liability company, and by teve Beckley, as President of Glenwood Caverns, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: J 2 1 Page 2 Notary Public O? • G When recorded, return to: Beattie & Chadwick 710 Cooper Avenue. Suite 200 Glenwood Springs. Colorado 81601 003/01!2002 16:52 7E08369661 MAR -13-2002 10:14 . DELANEY & DELANEY DELANEY • 970 945 2:03 Exhibit A To Option to Purchase 'Easement and Agreement Legal Description Property 01 -Glenwood Caverns, lnc. The southerly one-half of: Township 6 South, Range 89 West of the Sixth Principal Meridian: Section 3: NW 1/4 SW 1/4 Section 4: Lot IO County ofGarfiold Stale of Colorado PAGE 03 P.03 03/.1/2002 10:52 7608369661 MAR�13�2002 10;15 1111 DELANEY . DELAHEY DELANEY • PAGE 04 970 945 2303 r. $4 Exhibit 11 To Option to Purchase Easement and Agreement Legal Description Property of Pitkin lion Corporation Tracts containing 21.37 acres within Sections 4 and 9 of Township 6 South, Range 89 West of the Sixth Principal Meridian, being part of Lots 8, 13, 14 (Section 4) and Lot 6 (Section 9), the 1, 13. Grant Lode (M.S. 6578), Spar Lode (M.S. 4069), James G. Blaine Lode (M.S. 4070), Necessity Lode (M.S. 39 � SSU►ng tl southeaste city erly Transfer sTrail. of Glenwood Springs, Colorado, a County of Garfield Mate of Colorado 03401,/2002 10:52 7608369661 1AR-13-2m2 10:15 4111 DELANEY & DELANEY DELANEY PAGE 05 40 970 945 2303 PMb Beginning on he Wham boundary &!e n Ion ropey whence Ile Nal% Comes of Section 9, T,6S. R.89W. of 5Ih Pnncipal 4,41xidlan best.Z114'E a &stance *I 4302 leet hence N.51 49' f_. a &lace ei 384.31 feet to the pint ol ending which lies on the eastern boundary oi thekw Rarity whencs the NA% Comet desattfl above bum S. 50 4/ 21 E a distance ot I261feel 0.?Sss • ' N. DATE 7-19-02 SCALE Wit ER CRP diECKED S8 . • , •-•........, -• - . z . , /, ;.. ' ' - . . „ GLENWOOD CAV4JS TAWAY Holm POTKIN MON ffitSERCENT JD 846-01 • Sir Wv EbleiwitsERING, LTD. 30icm It. SUM 336 TO, 003 LS 0E23111000 SePPXGX, COLGRADO Max IVO 046-3230 PAX 1144.3sn TOTAL P.05 III1M 11111 iiiii 11111 111111 111111 111 lIII 111 111 • 598097 02/27/2002 04 50P B1332 P894 M ALSDORF 1 of 4 R 20.00 D 0.00 GARFIELD COUNTY CO MEMORANDUM OF AGREEMENT TK1'S MEMORANDUM OF AGREEMENT., dated the _ZY day of February, 2002, is made and entered ilii. .,y and between RDS Riverview, LLC, ;lorado limited liability company, c/o Bruce Ross, P.O. Box 935, Basalt, CO 81621 ("Seller ), and Glenwood Tramway, LLC, a Colorado limited liability company and Glenwood Caverns, Inc. (a Colorado corporation), c/o Steve Beckley and Charles R. Peterson, 508 Pine Street, Glenwood Springs, CO, 81601, and Marthom, Inc., a Colorado corporation, c/o Steven R. Carver, P.O. Box 2021, Glenwood Springs, Colorado 81602 (collectively, "Buyers"). 1. Seller and Buyers have entered into a Contract to Buy and Sell Real Estate (Vacant Land — Farm — Ranch), dated January 19, 2002, wherein Seller has agreed to sell and Buyers have agreed to buy the following described real property (the "Property"): Lot 1 Two Rivers Plaza Subdivision, according to the Plat thereof recorded on April 12, 2001 under Reception No. 579129 City of Glenwood Springs County of Garfield State of Colorado 2. Pursuant to the Contract, among other things: a. Closing is scheduled to occur on or before July 22, 2002. b. Seller has agreed to grant to Buyers a Tramway Easement across Lots 3 and 4, for the benefit of Lot 1, Two Rivers Plaza. c. Buyers have agreed to grant to Seller a signage easement to burden Lot 1 for the benefit of Lots 3 and 4, Two Rivers Plaza. d. The parties have made certain agreements concerning their respective rights and obligations pursuant to the Declaration of Covenants, Conditions, Restrictions, Easements, and Reservations for Two Rivers Plaza recorded on April 12, 2001 as Reception No. 579130 in Book 1244 at Page 782 in the records of the Garfield County Clerk and Recorder. e. The parties have made certain agreements concerning Seller's performance of, and Buyers' assumption of, certain obligations pursuant to the Two Rivers Plaza Subdivision Agreement recorded on July 12, 2000 as Reception No. 566197 in Book 1197 at Page 159; the First Amendment to Two Rivers Plaza Subdivision Agreement recorded on April 12, 2001 as Reception No. 579127 in Book 1244 at Page 767; and the Second Amendment to Two Rivers Plaza Subdivision Agreement recorded Page 1 of 4 When recorded, return to: Beattie & Chadwick 710 Cooper Avenue, Suite 200 Glenwood Springs, Colorado 81601 111111X111111111111111111111111 I 111 11111 IIIJ 111 • 551;097 02/27/2002 04.50P B13 895 M ALSDORF 2 of 4 R 20.00 D 0.00 GARFIELD COUNTY CO on November 26, 2001 as Reception No. 592380 in Book 1305 at Page 648; all in the records of the Garfield County Clerk and Recorder. f. The parties have agreed upon a restrictive covenant to be recorded at Closing, limiting the types of restaurants that may be operating on the Property for a period of seven (7) years from the date of Closing, 3. The Contract is binding on the successors and assigns of the parties. Amendments to the Agreement, if any, must be in writing. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement effective on the day and year first written above. BUYER: SELLER: GLENWOOD CAVERNS, INC. (a Colorado corporation) RDS RIVERVIEW, LLC (a Colorado limited liability company) By: ,. _.__ .. ._ By: Steven Beckley, Presi . ent-- Bruce Ross, . tanager GLENWOOD TRAMWAY, LLC (a Colorado limited liability company) Charles R. P erson, Manager MARTHOM, INC. (a Colorado corporation) By: Steven R. Carver, President Page 2 of 4 When recorded, return to: Beattie & Chadwick 7/0 Cooper Avenue, Suite 200 Glenwood Springs, Colorado 81601 .1 1111, 111!!1 111111 1111 11111 111111 N1 111 11111 1111 1111 1111 598097 02/27/2002 04:50P B1332 P896 M ALSDORF 3 of 4 R 20.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this ay of February, 2002, by Bruce Ross, as Manager of RDS Riverview, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: STATE OF COLORADO COUNTY OF GARFIELD ) ss. Notary Public The foregoing instrument was acknowledged before me this ,9 day of February, 2002, by Charles R. Peterson, as Manager of Glenwood Tramway, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: W// ,DU S Notary Public Page 3 of 4 When recorded, return to: Beattie & Chadwick 710 Cooper Avenue, Suite 200 Glenwood Springs, Colorado 81601 �40i IIIItOhtI 111111 1111 11111 111111 MI 111 11111 1111 1111 3997 02/27/2002 04 50P B1332 P897 M ALSDORF 4 of 4 R 20.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day of February, 2002, by Steven Beckley, as President of Glenwood Caverns, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) iul The foregoing instrument was acknowledged before me thisc7 day of February, 2002, by Steve R. Carver, as President of Marthom, Inc., a Colorado corporation. Witness my hand and official seal. g/2//n v3 My commission expires: Page 4 of 4 AL LA --e y / Notary Public • Ire • --‘ When recorded, return to: Beattie & Chadwick 710 Cooper Avenue, Suite 200 Glenwood Springs, Colorado 81601