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Home My WebLink About2.0 Resolution 2012-151111 r.6 iivN 144.1114 11111 Reception*: 815780 03113/2012 10:13:24 RN Jean Alberico 1 of 5 Reo Fee:$0.00 Doc Fee: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 Administration Building in Glenwood Springs on Tuesday, the 21St day of February A.D. 2012, there were present: John Martin Mike Samson Tom Jankovsky Andrew. Gorgey Carey Gagnon Jean Alberico , Commissioner Chairman , Commissioner , Commissioner ▪ County Attorney, Acting -County Manager , Assistant County Attorney , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. d0/ A RESOLUTION OF APPROVAL FOR AN AMENDED LAND USE CHANGE PERMIT FOR GLENWOOD CAVERNS ADVENTURE PARK, A COMMERCIAL RECREATION FACILITY / PARK ON AN 81.76 -ACRE PARCEL OF LAND OWNED BY POW, INC. AND LOCATED NORTH OF THE CITY OF GLENWOOD SPRINGS IN SECTION 3, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO# 2185-033-00-034 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (the Board) received a request to amend an existing Land Use Change Permit that allows for operation of the Glenwood Caverns Adventure Park, a commercial recreational facility with specifically defined uses and areas within the property where activities are permitted to occur. The Applicant requested amendment to allow for flexibility regarding specific uses and locations of uses within the property, as well as the ability to utilize limited bus/van transportation to the site. B. The subject parcel is located in unincorporated Garfield County within the Rural zone district. Access to the site is via Transfer Trail, a BLM road, or via a tramway which originates within the City of Glenwood Springs at the intersection of State Highway 6 and Devereaux Road and terminates within the subject parcel. C. A Commercial Recreation Facility / Park is permitted by Land Use Change Permit 1 11111 ♦ I3��Ir4��9�111,11�� 1Wh,L iII�Gr .}�1� 11 111 Reception#: 815780 03113/2012 10:13:24 AM Jean Alberica 2 of 5 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO reviewed through a Major Impact process in the Rural Zone District of Garfield County. D. The Board is authorized to approve, deny or approve with conditions a Land Use Change Permit pursuant to the Unified Land Use Resolution of 2008, as amended. E. The Garfield County Planning Commission opened a public hearing on the 8th day of February, 2012 upon the question of whether the above described amendment should be recommended for approval, approval with conditions, or denial, at which hearing the public and interested persons were give the opportunity to express their opinion regarding the request. F. The Garfield County Planning Commission closed the public hearing on the 8th day of February, 2012 at which time the Commission voted unanimously to recommend approval, with conditions, of the requested amendment. G. The Board opened a public hearing on the 21St day of February, 2012 for consideration of whether the above described amendment should be approved, approved with conditions, or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. H. The Board of County Commissioners closed the public hearing on the 21st day of February, 2012 to make a final decision. I. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. 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 amendment to the Land Use Change Permit for Glenwood Caverns Adventure Park is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County if recommended conditions of approval are adopted. 4. That, with the adoption of recommended conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That, with the adoption of recommended conditions, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. 2 1111Iril'1 fiIWf.141)14.l91MiIeK1 4i.141411Ill Reception#: 815780 03/13/2012 10;13:24 AM Jean Alherioo 3 of 5 Rea Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. This resolution replaces and supersedes in its entirety all previous land use permits regarding the commercial recreation facility / park including, but not limited to, Resolution 2007-67. C. The amended Land Use Change . Permit for the Glenwood Caverns Adventure Park, allowing for limited use of bus/van transportation to the site as well as flexibility in expansion of uses consistent with the original approvals, is hereby approved subject to compliance with the following conditions: 1. That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2. The facility shall comply with all applicable federal, state and local regulations; 3. This Special Use Permit approves the following operations: a. Hours of operation will be from 6:30 AM to 11:30 PM Sunday through Thursday and 6:30 AM to 12:30 AM Friday and Saturday; b. The tramway towers and cabins will not be lighted; c. Permitted uses shall include, but not be limited to, Gift Shop, Ropes Course, Mini -Golf Course, Photography Studio/Shop, Candy Shop, Shade Structures/Pavilion (6), Maze (Fort Maze), Bungee Trampoline, Spider Zone, Children's Climbing Center, Simulator Attraction (Wild West Adventure), Petting Zoo, Train Ride Attraction, Children Climbing Area (Foam Factory), Mechanical Bull, Canopy Tour, 4D Movie Theater, Horse Back Riding Tour, Banquet/Restaurant Facility, Traveling Museum Exhibits (Within Banquet Facility), Employee Housing, Alpine Coaster, Zip Line, Bungee Jump, Giant Swing, Climbing Wall, Fossil Dig, Botanical Garden Butterfly Exhibit, Indoor Children's Play area, Care Takers Quarters, Water Storage Tanks, Nature Trails, Picnic Areas, Geode cutting, Gemstone Sluice Mining, Astronomy Observatory Area, Visitor Center, Souvenir Shop/Expansion, Indian Education Center (Teepee), Passenger Gondolas, Bus and/or Van Transportation, Employee Housing, Maintenance Facility, Foam Factory Children's Climbing Area and Cave Tours. Uses consistent with the character of the existing facility shall be permitted, determination of consistency may be requested by the Director of Building and Planning, whose decision may be appealed to the Board of County Commissioners. 3 ■lit ItUrillifintifhlik ITIN1CO'4l tIll Reception#: 815780 03/13/2012 10:13:24 AM Jean Alberico 4 of 5 Rec Fee:$0.00 Doc Fee:0,00 GARFIELD COUNTY CO 4. The ultimate build out capacity for the gondola is 36 gondola cars in 12 groups of 3 with each gondola car having a 6 passenger capacity; 5. The Applicant shall be responsible for snow removal on 50% of the travel way of Transfer Trail and remain in compliance with the terms of the BLM maintenance agreement for Transfer Trail; 6. The applicant shall adhere to the following conditions regarding wildlife: a. There shall be no outside storage of any trash or garbage anywhere within the property, with the exception of bear -proof trash containers; b. Refuse kept in non bear -proof containers should be kept within secure structures that are not likely to be broken into by bears; c. There shall be no dumps or underground disposal of refuse on site; d. Except for bird feeders, the feeding, baiting, salting, or other means of attracting wildlife to site is prohibited; e. Bird feeders should be strategically placed to avoid being an enticement for bears; f. Tourists and other users to the site should be made aware of the local wildlife community by utilizing information provided by the Division of Wildlife. 7. The Park shall be limited to a maximum guest capacity of 1,551 persons at one time; 8. If the tramway becomes obsolete or inoperable for any period exceeding twelve months, the applicant shall remove the tramway at their own expense; 9. Bus/van guest transport shall be limited an average of 30 vehicle trip ends per day; 10. The Applicant shall maintain a total of 35,000 gallons of water on-site for fire protection; 11. Parking of personal vehicles belonging to employees residing on-site during the months of May, June, July, August and September shall not be allowed on the subject property; 12. An emergency management plan shall be submitted to Building and Planning, prior to installation of additional Tram cabins or December 1, 2012 whichever applies first. This plan shall include evacuation information, safety issues and any existing or proposed mitigation measures, and medical emergency plans. Dated this % o� ~ day ofcit_, , A.D. 20 / -. 4 ■III ilmoinvii MINK 1111 Reception#: 815780 03/1312012 10:13:24 RM Jean R.lberico 5 of 5 Rao Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO ATTEST: GARFIELD COUNTY BOARD OF COMMISS i " " GARFIELD � S UNTY, erk of the Board Chairm Upon motion duly made and seconded the fore ing Resol ..: ted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY , Aye , Aye , Aye STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 5