The URL can be used to link to this page

Home My WebLink About3.0 CorrespondenceDavid Pesnichak From: Megan O'Brien <megan@thekiernancompanies.com> Sent: Wednesday, September 16, 2015 11:32 AM To: David Pesnichak Cc: Davis Farrar; David H. McConaughy; Kevin Kiernan Subject: FW: CLH - FedEx Land Use Permit Expiration David, You can go ahead and archive the application, we will not be requesting an extension. Thank you for checking with us first. Thank you, Megan Megan OBrien KiernanWest, LLC PO Box 979 Telluride, CO 81435-0979 402-201-6922 cell For FedEx deliveries please use the following address: 118 Lost Creek Lane Telluride, CO 81435 From: David Pesnichak [mailto:dpesnichak@garfield-county.com] Sent: Wednesday, September 16, 2015 7:55 AM To: 'wsconsulting@sopris.net' <wsconsulting@sopris.net>; Kevin Kiernan <kevin@thekiernancompanies.com>; David McConaughy <dmcconaughy@garfieldhecht.com> Subject: CLH - FedEx Land Use Permit Expiration Hi Davis, Kevin and David, The 1 year expiration to complete the Conditions of Approval passed yesterday (9/14) for the proposed CLH property FedEx facility. I am assuming it is OK with you if I mark this application officially expired and archive the application. If you would like to request an extension to comply with the Conditions of Approval, however, please let me know by the end of day today. Thanks, Dave David Pesnichak, AICP Senior Planner Garfield County Community Development Department 108 8th St Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 1 GLENWOOD SPRINGS OFFICE The Denver Center 420 Seventh Street, Suite 100 Glenwood Springs, Colorado 81601 Telephone (970) 947-1936 Facsimile (970) 947-1937 GARFIELD & HECHT, P.C. ATTORNEYS AT LAW Since 1975 www.garfieldhecht.com September 5, 2014 VIA US MAIL AND EMAIL David Pesnichak, Senior Planner Garfield County Planning Division 108 8th Street, Suie 401 Glenwood Springs, CO 81601 dpesnichak@garfield-county.com Re: FedEx Facility Dear David: David McConaughy dmcconaughy@garfieldhecht.com Thank you for your detailed staff report and for meeting with us earlier this week regarding the upcoming hearing with the Board of County Commissioners. As we discussed, our client is generally okay with the proposed conditions of approval but would request that the Board consider the following changes. Several of these requests relate to timing issues and the fact that our client's real estate contract with the current owner is contingent upon issuance of the land use permit. As such, for example, our client cannot grant an easement until it holds title to the property, which will not happen until after issuance of the land use permit. Accordingly, we have proposed making some of these conditions triggered after the land use permit when our client will have ownership and control of the property. Condition 7. Please revise to clarify the proposal is for operations 7 days per week, 24 hours per day (not just Mon -Sat). Condition 16. Please consider making this a condition of building permit, not the land use permit. Condition 18. Please consider making this a condition of building permit. Condition 20. At the hearing, the applicant will address the issue of traffic impacts generally including the proposed payment amount, which we understand is not tied to any applicable fee of Garfield County itself. We are also uncertain whether the City would even accept a payment of traffic fees not tied to any contract or permit from the City. Additionally, we have some concern about constructing improvements to Airport Road that may be obliterated by the future construction of the South Bridge and could be a waste of money and effort. Our engineer will address this at the hearing. Aspen • Avon • Basalt • Glenwood Springs • Rifle ® Printed on recycled paper GARFIELD & HECHT, P.C. David Pesnichek Garfield County Planning Division September 5, 2014 Page 2 of 3 Nevertheless, if the City is willing to commit to constructing and completing the improvements to Airport Road and Airport Center Road prior to the expected time that the project would be ready for issuance of a Certificate of Occupancy, then the Applicant would agree to pay the requested traffic fee amount of $585,000 to the City, We propose revising the condition as follows: The Applicant shall either contribute $585,000 to the City of Glenwood Springs for road improvements or come to an agreement with the City for specific improvements to be made to Airport Road and Airport Center Road to address the anticipated traffic impacts of the project. If the Applicant and the City are unable to reach an agreement, then the Applieant shall submit proof that the $585,000 has been deposited into an escrow account, which shall he released to the City upon completion by the City of the proposed improvements to \irport Road and Airport Center Road as identified by the City in its written comment letter. If the City fails or refuses to complete such improvements prior to the time that the Applicant would otherwise be entitled to issuance of Certificate of Occupancy but for fulfillment of this condition, or by May 1, 2015, whichever first occurs, then the Applicant shall be entitled to complete the remaining improvements itself and apply the escrow funds towards such costs. If as of March 15, 2015, the City has refused to accept the payment or to authorize or peribrm any construction work on Airport Road and Airport Center Road as provided herein, then the Applicant shall be relieved of this condition. Condition 21. The applicant is committed to facilitating construction of the South Bridge because it will benefit the project. however, there are challenges associated with the uncertain plans and location of the proposed bridge. Additionally, if this condition is to be included then we would like to see an alternative similar to the wording of Condition 20. As written in the initial staff report, the condition could be read to grant the City unilateral discretion to approve or not approve (or perhaps not even to consider) any agreement with the applicant. This would effectively cede the County's land use authority to the City by granting it a veto power on the project. At the hearing, the Applicant's engineer will present testimony and evidence to show that the $585,000 contribution referenced above (Condition 20) far exceeds the proportionateshare of traffic impacts caused by the project to Airport Road and Airport Center Road. To offset that contribution, therefore, the Applicant requests reimbursement of the fair market value of the dedication parcel at such time as it may be needed for the bridge. We propose the following: 1111145 The Applicant shall meet with the City to develop a plan to determine a specific location and amount of land. to dedicate for the South Ridge landing, if any. This dedication plan and agreement ,i'al. be in pluc beton issuanm..,e of any building permit. Should the City determine that a dedication is ;7kot necessary, a letter from the City stating such shall be provided to the County, and this condition shall .not ® Printed on recycled paper GARFIELD & HECHT, P.C. David Pesnichek Garfield County Planning Division September 5, 2014 Page 3 of 3 apply. If the City does not provide such a letter, and if the City and the Applicant do not reach a mutually -acceptable agreement by October 17, 2014, then the Applicant shall instead grant the County a 1 0 -year option to acquire the dedication parcel at a location to be determined on the southern tip of the parcel, with a right of way not to exceed 55 feet in width. The Applicant shall be entitled to reasonable compensation for the actual fair market value of the dedication parcel at the time of its conveyance to the County or the City, as applicable, which shall include the costs of relocating or replacing any utilities or other improvements that would interfere with the bridge project. If the parties cannot agree on the amount of compensation informally, then the procedures set forth in C.R.S. § 38-1-121 shall apply. The form of the option agreement shall be subject to review and approval by the Comity Attorney prior to issuance of building permit. Condition 23. Please revise the final sentence of this condition as follows: The easement document shall be prepared and submitted prior to issuance of the Land Use Change Permit for approval by the County Attorney and shall be recorded after transfer of the Property to KW Glenwood Springs, LLC and prior to the issuance of a certificate of occupancy. We need to consult with the current landowner and may have additional suggestions or requests at the time of the hearing. If you have any questions in the meantime, please do not hesitate to contact me. Thank you. Very truly yours, 'HT, P.C. _oac ug y cc: Kelly Cave, Fsq. (e-mail only kcave@garfield-county.com) Frank Hutfless, Esq. (e-mail only thutfless@garfield-county.com DHM/kjt 1111145 ® Printed on recycled paper