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Home My WebLink About5.0 Resolution 2018-23■III IedliMII "Nw4ri4R EAta iadI =IlAkii 1I III Reception#: 906480 05/08/2018 01:40:36 PM Jean Alberico 1 of 5 Rec 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 Monday, the 9th day of April A.D. 2018, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky , Commissioner Tari Williams , County Attorney Kelly Cave , Assistant County Attorney Jean Alberico , Clerk of the Board Kevin Batchelder , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. p20%g.- 3 A RESOLUTION OF APPROVAL FOR A SUBSTANTIAL AMENDMENT TO THE CONDITIONS OF APPROVAL FOR A MAJOR IMPACT REVIEW LAND USE CHANGE PERMIT FOR THE GLENWOOD CAVERNS ADVENTURE PARK (RESOLUTION 2012-15) ON AN 81.76 ACRE PROPERTY OWNED BY POW, INC AND LOCATED ADJACENT TO THE CITY OF GLENWWOD SPRINGS IN SECTIONS 3 AND 4, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6T11 P.M., GARFIELD COUNTY (APPLICATION NUMBER MIPA-12-17-8600) PARCEL NO# 218503300034 Recitals A. The Board of County Commissioners of Garfield County, Colorado, "Board" received a request to modify Condition "4", regarding the ultimate build -out of the gondola, of Resolution 2012-15 and associated Major Impact Review Land Use Change Permit for a Commercial Recreation Facility / Park B. The Commercial Recreation Facility / Park is located on approximately 81.76 acre parcel owned by POW, INC C. The subject property is located within unincorporated Garfield County in the Rural zone district, adjacent to the City of Glenwood Springs, Colorado 1 ■III1Pr1k7MI OM1PrGATi'4114 Ailli ll llIIII Reception#: 906480 05/08/2018 01:40:36 PM Jean Rlberico 2 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO D. Modifications to the conditions of approval of a previously approved Land Use Change Permit may be reviewed as a Substantial Modification under the Garfield County Land Use and Development Code, as amended. E. The Garfield County Planning Commission opened a public hearing on the 14th day of March, 2018 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 given the opportunity to express their opinion regarding the request. F. The Garfield County Planning Commission closed the public hearing on the 14th day of March, 2018 at which time the Commission voted unanimously to recommend approval, with conditions of the requested amendment. G. The Board is authorized to approve, deny or approve with conditions a Substantial Modification to a Land Use Change Permit application resulting in the issuance of an Amended Land Use Change Permit pursuant to the Garfield County Land Use and Development Code, as amended. H. The Board of County Commissioners opened a public hearing on the 9th day of April, 2018 for consideration of whether the proposed Substantial Modification should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. I. The Board of County Commissioners closed the public hearing on the 9th day of April, 2018 to make a final decision. J. 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. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the Substantial 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. 4. That the application is generally compliant with the Garfield County 2030 Comprehensive Plan. 2 ■1111giAY4iNY lig14e0 R'lr WOAR'VICWi Y44h 1 o Reception#: 906480 05/08/2018 01:40:36 PM Jean Alberlco 3 of 5 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO 5. That the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. 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. The Amended Land Use Change Permit for the Glenwood Caverns Adventure Park is hereby approved subject to compliance with the following conditions: 1. Condition #4 in Resolution 2012-15 be removed: C. The conditions for the permit are amended to read as follows: 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 3 1111 F.lLMMIkh41900tEOriLki.1R.KiVFV.11411III Reception#: 906480 05108/2018 01:40:36 PM Jean Alberico 4 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 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. 4) 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; 5) 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. 6) The Park shall be limited to a maximum guest capacity of 1,551 persons at one time; 7) if the tramway becomes obsolete or inoperable for any period exceeding twelve months, the applicant shall remove the tramway at their own expense; 8) Bus/van guest transport shall be limited an average of 30 vehicle trip ends per day; 9) The Applicant shall maintain a total of 35,000 gallons of water on-site for fire protection; 10) 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; 11)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. 4 1111 Mcir inIMPh It - X141 lErtg«la Ili 11111 Reception#: 906480 05/08/2018 01:40:36 PM Jean Hlberico 5 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO '] w Dated this / day of Y& ATTEST: Cleth( of the Board , A.D. 20 I B . Upon motion duly made and seconded the for following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO )ss County of Garfield , Aye , Aye , Aye I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this - day of , A.D. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 5