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HomeMy WebLinkAbout2.0 Staff ReportBoard of County Commissioners — Public Hearing Exhibits Federal Express — Warehouse and Distribution Facility Limited Impact Review (File LIPA-7988) Applicant is CLH Properties, LLC September 8, 2014 Exhibit Letter (Numerical) Exhibit Description 1 Public Hearing Notice Information 2 Proof of Publication 3 Receipts from Mailing Notice 4 Photo evidence of Public Notice Posting 5 Garfield County Land Use and Development Code, as amended 6 Garfield County Comprehensive Plan of 2030 7 Application 8 Staff Report 9 Staff Presentation 10 Referral Comments from Colorado Parks and Wildlife (dated August 25, 2014) 11 Referral Comments from Garfield County Road and Bridge (dated July 16, 2014) 12 Referral Comments from Garfield County Road and Bridge (dated August 7, 2014) 13 Referral Comments from the Colorado Division of Water Resources (dated August 15, 2014) 14 Referral Comments from Garfield County Vegetation Management (Dated August 24, 2014) 15 Referral Comments from the Garfield County Sheriff's Office (Dated August 18, 2014) 16 Referral Comments from CDPHE Air Pollution Control Division (Dated August 14, 2014) 17 Invoice from the West Divide Water Conservancy District (Dated August 18, 2014) 18 Referral Comments from Glenwood Springs Fire Department (Dated August 26, 2014) 19 Referral Comments from Mountain Cross Engineering (Dated August 28, 2014) 20 Referral Comments from the City of Glenwood Springs (Dated August 26, 2014) %'i �12 ��ln ( ti LC tit � , � eect►f-;P C) _see .5 01( Gc7)cve l -� BOCC 9/8/2014 File No. LIPA-7988 DP PROJECT INFORMATION AND STAFF COMMENTS REQUEST Land Use Change Permit - Limited Impact Review for a Warehouse and Distribution Facility. APPLICANT — PROPERTY OWNER CLH Properties, LLC (Federal Express) ASSESSOR'S PARCEL # 2185-271-00-008 PROPERTY SIZE 8.92 acres LOCATION The property is located at 1097 County Road 116 (Airport Center Road), Glenwood Springs, CO. It is located south of the City of Glenwood Springs in SE Qtr of NE Qtr & in NE Qtr of Section 27, Township 6 South, Range 98 West of the 6th Principal Meridian, Garfield County ACCESS The facility is accessed by County Road 116 (Airport Center Road). EXISTING ZONING The property is zoned Commercial General (C/G) I. GENERAL PROJECT DESCRIPTION The Applicant is requesting a Limited Impact Review for a 27,000 square foot Warehouse and Distribution Center on an 8.92 acre parcel located south of the City of Glenwood Springs. The facility is to be operated by FedEx Ground Package System, Inc. (FedEx Ground) and is to serve eastern Garfield County. The facility is not intended to serve the general public and is expected to operate 6 days per week for trailer operations and 5 days per week for delivery and pickup operations. The facility is to be fully fenced and gated and is to employ 14.5 FTE workers (9 full-time and 9.5 part-time) and is expected to generate 230 single trips per day at full build out. All access is to be via Midland Avenue and Airport Road. The facility is proposed to operate 24 hours per day, 6 days per week. 1 The facility will be located directly east of the Glenwood Springs municipal airport and the City limits. The property is surrounded by light industrial uses and some residential uses. Water is to be available to the site from a 3/4" line from the City of Glenwood Springs. In order to accommodate the necessary fire flows and irrigation requirements, the facility will have a 200,000 gallon water storage tank located in the northeast corner of the property along the Roaring Fork River. Wastewater is to be handled by a new Onsite Wastewater Treatment System (OWTS). The Applicant had previously petitioned the City of Glenwood Springs for annexation, but the Applicant decided not to pursue annexation after discussions with the City. On August 21, 2014, the City Council reviewed the proposal as referred by Garfield County. At this meeting, the City Council voted to recommend the BOCC deny the application and outlined a number of reasons as further discussed in this report. Vicinity Map lzi=nyMap The S. 92 acre pzope ty is eastsoutheast of the Gfeuwaad 5 ofs Airport 2 Proposed Site Plan .2.11101,0 K retA ),1 MPIC ) St101,534,711.6.1122 A94 150 UN,110110, XRCI311 Ur. r- I 1111;;.• \ \ ; \ a:, ‘, \ : \ \ ri * „.„ ' Rohm 1 ; 111). Building Elevations View of single family home on subject property from Airport Center Road View of Subject Site from Airport Center Road 5 View of Airport Center Road in Front of Subject Site II. LOCATION - SITE DESCRIPTION The parcel is currently developed with a single family home that is to be removed before construction of this proposed facility. The majority of the 8.92 acre parcel is native vegetation consisting of sagebrush, grasses and juniper. The surrounding area is primarily light industrial, airport, residential and the Roaring Fork River. The surrounding County zoning is Commercial General and Commercial Limited across the River while the City of Glenwood Springs adjacent zoning is Industrial and Residential. III. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS Public Notice was provided for the Board's public hearing in accordance with the Garfield County Land Use and Development Code, as amended. No public comments have been received at this time. Comments from referral agencies and County Departments are summarized below and attached as Exhibits. 1. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering: (See Exhibits 19) 6 • The Onsite Wastewater Treatment System (OWTS) will require permitting through the Garfield County Building Department. • All site plans should be updated to show only one access. All access permits should by obtained. • The traffic analysis does not address how the traffic will impact the intersection of Highway 82 and 27th Street. The Applicant should address this intersection and/or why this intersection was not evaluated. • The Applicant proposes to not provide detention for storm water peak attenuation as required in Section 7-204.C.3.a of the LUDC. • The Applicant should address how the bio -retention ponds that are proposed conform to Section 7-204.C.3.d of the LUDC. • The Storm Water Management Plan does not provide evidence that the site is covered under the CDPHE Permit. A copy of the coverage letter should be submitted to Garfield County once obtained. • The plan sheets show that a 3/" water service tap is to provide fire protection and potable supply to a fire pump and storage tank. No details were included for this equipment. The Applicant should provide engineering information and obtain approvals from the Fire District. 2. Garfield County Road and Bridge Department: (See Exhibits 11 and 12) • Comments state that the access road is under City of Glenwood Springs jurisdiction. In addition, all anticipated road impacts are expected to be on City maintained roads. No impacts are expected on County maintained roads. 3. Garfield County Vegetation Manager: (See Exhibit 14) • The submitted noxious weed inventory is acceptable. • It is recommended that the Dalmation Toadflax be treated on the site. In addition, Diffuse Knapweed is common in the area and any occurrences of Diffuse Knapweed should be treated. • It is recommended that the identified noxious weeds be treated prior to construction with satisfactory confirmation of the treatment submitted to the Garfield County Vegetation Manager by October 31, 2014. • Conflicting information was provided regarding fertilization in the hydroseed. Staff recommends that fertilizer not be utilized in the hydroseed as it tends to favor the establishment of weeds. It is requested that the Applicant clarify whether fertilizer will be used in the hydroseed. • The Applicant has indicated that the total area to be landscaped is 68,309 square feet, or 1.56 acres. As a result, a revegetation security of $3750 (1.5 acres x $2500 per acre) is recommended to be held by the County until successful revegetation is established. 4. Glenwood Springs and Rural Fire Protection District: (See Exhibit 18) • As the facility is proposed to have a gate at the main access, the Applicant needs to install a Knox key switch, which can be obtained from the Fire Department. • If the facility is not able to be connected to the City of Glenwood Springs water supply, then all other options need to be further discussed with the Fire Department. • The building needs to be equipped with a fire sprinkler system that is designed and installed to National Fire Protection Association (NFPA) 13 standards. The fire alarm system needs to be designed and installed to NFPA 72 standards for sprinkled buildings and adhere to Glenwood Springs Fire Departments amendments to the 2009 edition of the International Fire Code (IFC). • The site will be required to have at least one fire hydrant and possibly two, depending on final Fire Department review. 5. Colorado Parks and Wildlife: (See Exhibit 10) • No adverse impacts to wildlife are expected as a result of the project. • As a result of high bear activity in the area, CPW recommends that all refuse containers be bear -proof. 6. Colorado Division of Water Resources (DWR): (See Exhibit 13) • The DWR has no objection to connecting to City of Glenwood Springs water system. • Ivan Franco of the DWR notes that "In any scenario that includes a water well or surface diversion, the applicant should note that the stream system is over -appropriated, that as any potential water right is subject to curtailment, and is therefore not adequate for year-round use without an augmentation plan. Also, the applicant will be required to make an application with this office for a new non-exempt commercial well permit, should a well be included in the final water supply plan." 7. Garfield County Sheriffs Office: (See Exhibit 15) • Jim Sears of the Garfield County Sheriff's Office has indicated that he does not have any comments or concerns about the proposed development. 8. CDPHE — Air Pollution Control Division (APCD): (See Exhibit 16) • The development may be required to obtain a permit from the APCD. 9. Garfield County Emergency Management: • The Garfield County Emergency Management Office has indicated that there are not any comments or concerns about the proposed development. 8 10. City of Glenwood Springs: (See Exhibit 20) • City circulated the application among Staff and reviewed the Garfield County proposal with the City Council. • The City Council met on August 21, 2014 and voted to recommend that the BOCC deny the application. Council based this vote on the following findings as quoted from the comment letter dated August 26, 2014: i. There are currently significant shortcomings in the South Glenwood transportation infrastructure. This project will impact Airport Road (largely unpaved), Midland Avenue from 4 Mile Road to 27th Street intersections at S Grand and S. Glen and no immediate opportunities to construct the South Bridge for emergency egress from S. Glenwood and Four Mile areas. Any County approval should obligate the developer to make contributions to the upgrading of Airport Road and other system deficiencies. ii. Public safety concerns with increased truck traffic and with lack of pedestrian facilities, increased noise, etc. iii. Truck traffic has a greater deleterious effect on road pavement and structure than do passenger cars. iv. Concerns with impacts on the airport including safety concerns with truck traffic at the runway's south end and building encroachments into the transitional surface parallel to the runway. v. Lack of sufficient water and sewer service without connections to the City's systems. vi. Need for land dedication to accommodate west touchdown for the South Bridge. vii. Need for protections on the hillside above the river and below the developed portion of the site. viii. Need for protection of riparian areas along the riverbank. ix. No design standards for building or site development. • Recommendation to add signs with flashing red lights and additional signage that states, "Yield to landing and departing aircraft" at the location where Airport Center Road crosses in front of the runway. 11. Other agencies that did not submit comments include: the Colorado Department of Public Health and Environment (Water Quality Control Division and Air Pollution Control Division). 9 IV. STAFF COMMENTS AND ANALYSIS In accordance with the Land Use and Development Code, the Applicant has provided detailed responses to the Submittal Requirements and applicable sections of Article 7, Divisions 1, 2, and 3, including Section 7-1001 Industrial Use Standards. The Application materials include an Impact Analysis and related consultant reports, technical studies, and plans. 7-101: Zone District Regulations The proposed use demonstrates general conformance with applicable Zone District provisions contained in the Land Use and Development Code and in particular Article 3 standards for the Commercial General zone district. 7-102 Comprehensive Plan and Intergovernmental Agreement Garfield County has an Intergovernmental Agreement (IGA) for Development Review with the City of Glenwood Springs as signed on May 7th, 2001 (Reception number 580572). This IGA designates this development as a "Major Development Application" as it is would create a commercial building over 20,000 sq. ft. The subject parcel is directly adjacent to City parcels and is eligible for annexation. The Applicant had previously petitioned the City of Glenwood Springs for annexation, but decided to develop in the County instead. Consistent with the IGA, County staff has referred this application to the City to receive comments that have been incorporated within this report. The Comprehensive Plan 2030 designates the site as Urban Growth Area as it is within the City of Glenwood Springs Urban Growth Boundary. Excerpts from the Land Use Description Section Chapter 2 and Chapter 3 - Section 1, Urban Growth Areas and Intergovernmental Coordination, as well as the City of Glenwood Springs Comprehensive Plan of 2011 are provided below. Garfield County Comprehensive Plan of 2030 Chapter 2 — Growth in Urban Growth Areas The Plan recognizes the need for existing municipalities to be able to gradually expand into immediately surrounding areas. The county supports and encourages orderly expansion of existing communities. This Plan recognizes existing municipal plans and strongly supports and encourages infill and redevelopment of existing communities. These growth areas are the preferred locations in Garfield County for growth that require urban level services. They are also the preferred locations for commercial and employment uses that can take advantage of supporting infrastructure and a close by client base that reduces travel demands. The most effective way to encourage growth in 10 designated and planned UGAs will be by ensuring the following: 1. Each municipality's plan for its UGA is incorporated into the Garfield County Comprehensive Plan. ii. Urban developments in the UGAs are encouraged to annex into the respective municipality. If there is a public benefit to allowing development within a UGA prior to annexation, the County and municipality will cooperatively endeavor to facilitate such development through such means as: 1. County zoning in the UGAs adjusted to a close approximation of the municipality's plans. 2. Development in the UGA is required to obtain a local review with comment (not approval) before submitting for county review. 3. A procedure for municipal/county review and recommendation to the Board of County Commissioners will be developed in an IGA with each community. 4. Each community is expected to extend services and infrastructure to development in the UGA that substantially complies with their plan for the UGA (landowners and the respective municipality are strongly encouraged to enter into pre -annexation agreements that provide commitments with respect to extensions of services and infrastructure, densities, etc.). Section 1 - Urban Growth Areas and Intergovernmental Coordination Garfield County has worked with municipalities to direct development to UGAs where public services and infrastructure are provided in an efficient and cost-effective manner. Intergovernmental cooperation between municipalities and other public agencies has demonstrated successful collaboration and has resulted in the creation of new partnerships and collaborative efforts on behalf of the residents of the county. Poiicies: 1. Within defined UGAs, the County Comprehensive Plan, land use code revisions, and individual projects, will be consistent with local municipal land use plans and policies. 2. Projects proposed adjacent to local municipalities requiring urban services will be encouraged to annex into the affected jurisdiction if contiguity exists. 3. Development in an UGA will have land use and street patterns that are compatible with the affected municipality. 11 4. Within a locally planned UGA, development applicants will be required to obtain project review comments from the local community prior to submitting for county review. The process should be defined in an executed IGA. City of Glenwood Springs Comprehensive Plan of 2011 Urban Growth Boundary (UGB) The Urban Growth Boundary represents an area that can support urban -level development. Urban development is characterized by densities typical of urbanized areas and by the types of services required to support that development such as water, wastewater, roads, police and emergency services, and other similar services. It also represents an area of future annexation. Although this area lies outside of the city and is subject to Garfield County land use requirements, according to the Garfield County Comprehensive Plan, development and land use within the Urban Growth Boundary should be consistent with the future land use objectives of the municipality. Both the Garfield County and Glenwood Springs Comprehensive Plans recommend entering into Intergovernmental Agreements to assure mutually acceptable land use and development within the Urban Growth Boundary and to determine a process by which land use proposals will be evaluated by both jurisdictions. The Urban Growth Boundary has been determined using the following criteria: • Ability of the City to provide adequate infrastructure, particularly water service, to new development without placing undue burdens on the City' s ability to meet current municipal demands while maintaining adequate levels of service. • Areas where there would be a public benefit for the City to manage growth, giving consideration to visual impacts, economic impacts and benefits, open space and environmental benefits, and impacts on schools and other public facilities. • Areas which, if annexed to the City, would simplify the city limits and provide unity of services. • Location of existing topographical features which serve as opportunities or constraints to development. Low Density Residential Low Density Residential is a designation for land that is outside of the city limits but within the urban growth area. This designation consists of single-family residential development that is intended to maintain a rural character. Appropriate development densities will be determined bv, among other things, 12 current land uses, topographic constraints, existing and future utility connections, and existing road networks. Riverside Protection Land and habitat along the Colorado and Roaring Fork rivers should be protected. These areas are indicated with a blue cross hatch on the Future Land Use Map (Maps 2.1, 2.2, 2.3). Hillside Preservation Glenwood Springs is defined by prominent ridge lines, steep slopes, varied unstable geologic conditions, rock outcroppings, and extensive vegetation. Development of hillside areas requires special care. Hillside preservation areas, those with slopes in excess of twenty percent, are indicated on the Future Land Use Map with a green cross -hatch. Development is discouraged in these areas unless it is at very low densities, in limited areas and done with little impact (physically and visually) to the hillsides. Land Uses Outside City Limits but within the Urban Growth Area Future land use designations have been applied to properties within the Urban Growth Area. It is intended that these properties within the Urban Growth Boundary be annexed into the city at some point in the future. Among other things, these future land use designations take into account current uses, topographic constraints, existing/future utility connections, existing road networks, and land uses on adjacent properties. Values and Vision for Economic Development Despite a decent level of diversification in the Glenwood economy, the region surrounding the city is greatly influenced by the mining, oil and gas, and construction -related industries. The influence that these industries have on the region makes Glenwood Springs susceptible to the associated boom and bust economic cycles that are typical of western Colorado. Therefore, the City must work to further diversify its economy in order to minimize the impacts of boom and bust cycles. While taking steps to continue diversifying the economy, the City should focus efforts on attracting high -paying jobs to help offset the abundance of low-paying jobs associated with the robust tourism and service industry. 13 Community Goals Supported by Economic Development • Maintain Glenwood's role as a regional center Policies to Enhance Economic Development • The City should encourage the development of a well-trained workforce. • The City should continue to make improvements that enhance the communitys quality of life and that make Glenwood Springs a place that is attractive for new businesses and their employees. • The City should actively pursue businesses and industries whose operations and products are compatible with the Glenwood Springs vision. Strategies and Actions to Promote Economic Development Attract Diverse Businesses and Industries - The City should diversify the economy in at least three major ways: creating a community where employers/employees want to live, creating opportunity for new and expanding local businesses, and actively seeking targeted businesses. Ensure an Attractive Community - Good jobs are provided by good employers. Good employers will locate in communities where they and their employees will want to and can afford to live. Allocate Adequate Land - Adequate land for new industries and businesses is limited within city limits. However, what is available will need to be zoned to allow a business easy development. The City should consider revising the zoning code to allow for more flexibility of uses for a structure or site in order to better respond to the industrial and commercial real estate market. An adequate supply of attractive and accessible office space for professionals is also important. The City should consider adaptive reuse of structures and land availability prior to contacting targeted businesses. For new office and retail opportunities, the City should help facilitate redevelopment of existing retail buildings in order to meet evolving retail markets and community needs. To better understand the types of commercial office space needed in the community, the City should conduct an analysis on the amount of space currently existing. Options immediately adjacent to the city limits and within the Urban Growth Boundary should also be examined for the ability to accommodate business and industry. An example site is the parcel north of the Glenwood Springs Mall in West Glenwood where the City could assist in preparing it to become a mixed - 14 use office area or business park. The City should also consider partnering with governments or organizations to plan and possibly develop an industrial park in the immediate area. In accordance with the Garfield County Comprehensive Plan Policies, "Within defined UGAs, the County Comprehensive Plan, land use code revisions, and individual projects, will be consistent with local municipal land use plans and policies." To this end, the Garfield County Comprehensive Plan defers to the land use goals and policies of the local municipalities for land within the UGA. The City of Glenwood Springs Comprehensive Plan identifies the subject property as Low Density Residential along with certain protection areas on the subject property, including Hillside Preservation and Riverside Protection (See excerpts above). It is Staffs opinion that provided the City's policies on economic development as well as the language within the Low Density Residential designation that states that "Appropriate development densities will be determined by, among other things, current land uses, topographic constraints, existing and future utility connections, and existing road networks," the application is in general conformance with the Garfield County Comprehensive Plan 2030. 7-103 Compatibility The Applicant has also provided information describing the character of the area and adjacent land uses. The request demonstrates general compatibility with adjoining uses that are primarily light industrial, airport, residential and agricultural as well as many of the City's stated policies, strategies and actions in regard to promoting economic development. The property potentially falls within the avigation easement for the City of Glenwood Springs airport. This easement is further defined within the City's Airport Layout Plan. This Plan identifies a 7:1 transitional surface within which encroachment is limited. The Applicant did not provide evidence as to whether or not the building would fall within the defined transitional surface. In addition, through conversations with City staff, it is understood that rough calculations show the building could be within this easement area. As a result, Staff suggests a condition of approval requiring the Applicant to determine whether the building falls within this transitional surface as defined in the City's Airport Layout Plan. This analysis should be conducted by a certified land surveyor and results should be reviewed by City staff who are familiar with the Plan. Should the analysis require a change in the building or site layout, any modified plans would need to be further reviewed by County Planning staff and referred back out to any effected agencies for additional comment. 15 Surrounding Land Use and Aerial Map 16 Glenwood Springs Comprehensive Plan 17 7-104 & 105: Source of Water & Waste Water Systems The Applicant is proposing to serve the Warehouse and Distribution Center with a 3/" water line from the City of Glenwood Springs. The Applicant has provided a letter from the City of Glenwood Springs Public Works Director indicating the ability and willingness to serve the development via a 3/4" line. This service from the City began in 1957 and is currently serving a single family home. The property would need to annex into the City to obtain increased municipal water service. A letter from the Applicant's engineer, Michael Erion, PE, states that "Conservatively assuming the existing tap can deliver 5 gallons per minute (gpm) of flow to the proposed building, the existing service line is adequate to provide for the potable "in-house" uses for the employees, irrigation and fire protection for the proposed project with use of on-site storage." Mr. Erion goes on to explain that "The fire protection supply for the building sprinkler system and the firefighting water would be provided with on-site storage. Approximately 200,000 gallons would be required including roughly 20,000 gallons (estimated -actual will be based on building materials and size of building) for building sprinklers and 180,000 gallons (1,500 gpm for 2 hours) for firefighting. The 200,000 gallons could be filled by the 3/" service line in 28 days prior to the date the fire protection system must be operational." The Applicant has proposed to place the 200,000 gallon water storage tank in the northeast corner of the property along the Roaring Fork River. The Applicant originally proposed potentially serving the facility with either an exempt commercial well or a surface diversion from the Roaring Fork River. Staff has reviewed the application with the understanding that the 3/4" City water line is the proposed alternative. Comments from the DWR has indicated that either a well or surface diversion will require an augmentation plan as both sources are over appropriated. To this end, the Applicant has provided an augmentation plan as well as an invoice from the West Divide Water Conservancy District (Exhibit 17) but this will not be needed based on the Applicants representation that the facility will be served by a 3/" City water line. Wastewater is to be provided by a new Onsite Wastewater Treatment System (OWTS). The Applicant has identified a location south of the parking area for the OWTS and has provided percolation tests for that location. These tests show that an OWTS can be successfully installed and operated at this location. 7-106: Public Utilities The Applicant has demonstrated that adequate public utilities will be available to serve the proposed use. 18 7-107: Access & Roadways Access to the property is from City owned and maintained streets via Airport Center Road, Airport Road and Midland Ave. The submitted traffic study anticipates all traffic using Airport Center Road, Airport Road and Midland Ave. The facility is not to be open to the public, so the traffic generation projections are limited to employees, delivery vans and tandem tractor trailers. The delivery vans are expected to be 30 ft. long while the tandem tractor trailers are expected to be approximately 70 ft. long. 82 passenger vehicles, 29 30 ft. vans and 4 70 ft. tandem tractor trailers are expected to access the site each day at full operation. Total ADT to the site at full operation is expected to be 230 (115 vehicles). Of this 230 ADT, approximately 91 are expected to occur between 7 and 8 AM (47 trips) and 5 and 6 PM (44 trips). This amounts to a 151.32% increase in ADT on Airport Center Road (152 ADT to 382 ADT) and a 2.85% increase on Midland Ave between Sopris Dr. and 27th St. (8065 ADT to 8295 ADT) based on first year operations compared to projected background traffic (current traffic plus 2% annual increase). The traffic impact analysis concludes that "baCed on the analysis contained within this report, all studied intersections and roadways are anticipated to operate at an acceptable LOS with the addition of the project traffic." The studied intersections included (and indicated on the map below) 27th St/Grand Ave, Midland/27th St, Midland/Sopris Dr, Midland/4 Mile Rd, and Airport Center Road/Project Driveway. No additional road improvements are suggested as a result of the traffic impact analysis and the only traffic control device recommended is a stop sign at the exit to the proposed facility. This application has been reviewed by Garfield County Road and Bridge (see exhibits 11 and 12) indicating that the traffic generated by the proposed project would primarily impact City maintained streets. The application was also reviewed by the Garfield County consulting engineer, Chris Hale, who noted that the Traffic Impact Analysis did not consider the 27th Street / Highway 82 interchange. Staff suggests a condition of approval requiring the Applicant to address this intersection and/or explain why this intersection was not evaluated (see access and intersection study map below). 19 Studied Access Routes to the Proposed Site Studied Intersection The application was also reviewed to the City of Glenwood Springs staff and City Council. The referral letter from the City recommends that the BOCC deny the application mostly due to inadequate road infrastructure (see photos below) and public safety concerns from overall truck and passenger vehicle traffic as a result of vehicle - pedestrian and vehicle -aircraft conflicts. In addition, the City has indicated that a land dedication is necessary in order to accommodate the South Bridge. Although the application reviews overall traffic flow in terms of Level of Service (LOS) at select intersections, the application as submitted does not address the City's concerns. In conversations with the City Engineer, Terri Partch and City Community Development Director, Andrew McGregor, Staff understands that the City would like to see improvements made to 2253 linear feet of Airport Road from the southern edge of Cardiff Glenn to the turnoff for Airport Center Road. The cost of improving this section of roadway is estimated at $585,000 not including grading or retaining walls. The proposed street cross section is below: 20 Airport Road Roadway Section 55'0 2'h" rr"Curb & r Gutter WO" 2.6" Curb & Gutter 11'0" ( 5'0". Sidewalk Bike Lone Landscape Area Travel Lane Travel Lone Sidewalk Bike lane e�x - lcrid sccpe Area To this end, Staff recommends a condition of approval requiring the Applicant to come to an agreement with the City for specific improvements to be made to Airport Road and Airport Center Road to address their adequacy and safety concerns or contribute $585,000 to the City to do the improvements. A development plan and agreement would need to be in place before issuance of the Land Use Change Permit. In addition, the City would like to obtain a land dedication from the developer in order to accommodate the landing of the South Bridge. With the provided site plan, it appears that the southernmost portion of the property will remain unused and is generally too steep for other development (see the south bridge concept plan below). Staff suggests a condition of approval requiring the applicant to develop a plan with the City to determine a specific amount of land dedication for the South Bridge landing. If so desired by the City, this dedication plan and agreement would need to be in place before issuance of the Land Use Change Permit. 21 South Bridge Concept Plan Meyers Boiler '{4 Subject Parcel Location Holy Cross Electric Pitikin Glenwood •Aviation 22 Airport Road at End of Cardiff Glenn Airport Road 23 Airport Road and Airport Center Road Intersection Airport Center Road at End of Runway 24 Airport Center Road in Front of Proposed FedEx Facility 7108: Natural Hazards The Application provides information on natural hazards including information on soils, geology, and slopes associated with the site as identified through Garfield County GIS. The site is within an identified Septic System Constraints due to a high water table along the Roaring Fork River. The proposed development and OWTS are to be located outside this constraint area, however. The information supports a determination that the proposed use is not subject to significant natural hazard risks. All proposed development is to occur more than 35 feet from the ordinary high water mark of the Roaring Fork River as well as outside the designated floodplain. 7-109: Fire Protection The Applicant is proposing to install a 200,000 gallon water storage tank for firefighting a e a uvu ei proposing a and fire sprinklers. It is anticipated that with the 3/4" water line from the City, it will take 28 days to fill the 200,000 gallon tank. Once this tank is filled and the fire protection systems are operational, all daily water needs and irrigation are to be provided by the 3/4" line. The Application was referred to the Glenwood Springs and Rural Protection District. The comments received from Ron Biggers, Deputy Fire Marshal for the Glenwood Springs Fire Department, indicated several concerns. Most notable of the concerns was access and water supply. Mr. Biggers noted that should the facility be gated, the Applicant will need to obtain a Knox key switch from the Fire Department; and, should 25 a connection to City water not be made, the Department asks for further review (staff has reviewed this application assuming connection to City water based on the supplied can and will serve letter from the City Public Works Department). In addition, the Department requested review for the sighting of the fire hydrant(s). Provided the low flows and the estimated 28 days it will take to fill the 200,000 gallon water storage tank from the 3/4" City water line, Staff suggests a condition of approval that the whole fire protection system be reviewed and accepted by the Fire Department prior to issuance of the Land Use Change Permit. The Application was also referred to the Garfield County contract engineer, Chris Hale of Mountain Cross Engineering. Mr. Hale noted that no details were included for the water service or fire protection equipment including the fire pump or storage tank. Staff suggests a condition of approval that engineered details for the water supply and fire protection equipment be reviewed and accepted by the Garfield County contract engineer prior to issuance of the Land Use Change Permit. 7-201: Agricultural Lands The site is currently not used for agriculture and no impacts on nearby agricultural activities are expected. 7-202: Wildlife Habitat Areas The Applicant has provided a wildlife habitat study completed by Colorado Wildlife Science, LLC (dated July 18, 2014). The study concludes that "As with most development in western Colorado, the implementation of the proposed project will have some direct and indirect effects on wildlife and wildlife habitat. The property, however, is embedded in a highly developed landscape, It is adjacent to an airport and surrounding properties are occupied with dense residential and commercial development. Although the proposal will result in the direct loss of vegetation and habitat, given the surroundings and indirect impacts of the existing development, this loss will be negligible." A review of the application by Perry Will of CPW (Exhibit 10) agrees, stating that "CPW staff does not anticipate any adverse impacts to wildlife as a result of this project..." The letter does go on to make the following suggestion: "Given the number of bear related incidents that have occurred in the area of the proposed project, the proponent must utilize bear -proof garbage containers for all trash generated at this facility. Garbage must be 100% secured in these certified bear -proof containers to eliminate any attractants for bears or other wildlife species." Staff suggest a condition of approval requiring certified bear -proof refuse containers. No other threatened, endangered, proposed, candidate or other sensitive species were noted to occur in the project area. However, several noxious weeds were found on the site. A recommendation from Steve Anthony of the Garfield County Vegetation Management Office suggests that the identified Dalmation Toadflax and any Difuse Knapweed, which is common in the area, be treated with confirmation of treatment 26 provided to the Vegetation Manager by October 31, 2014. Staff suggests a Condition of Approval that requires satisfactory confirmation that the identified noxious weeds be treated prior to October 31, 2014. 7-203: Protection of Water Bodies The site location is adjacent to the Roaring Fork River. In addition, the City Comprehensive Plan identifies this stretch along the River for Riverfront Protection as well as Hillside Preservation. The steep slope going down to the river is proposed to remain in its natural state with this development. All development is also to occur more than 35 feet back from the River. In order to ensure protection of the Hillside, staff suggests a condition of approval requiring all disturbance and development to occur as indicated on the submitted site plan in order to limit disturbance to the hillside. In addition, conversations with City staff indicate that their preferred method for Riverfront Preservation is to dedicate a fisherman's easement. The purpose of this easement is to allow fisherman to wade and anchor along the property lines. This easement would extend 5 feet up from the high water mark and extend to the center of the River or to the farthest extent of the property line, whichever is greater. Staff suggests a condition of approval that the Applicant designate a fisherman's easement meeting this criteria along the banks of the Roaring Fork River. 7-204: Drainage and Erosion (Stormwater) The Applicant has provided a copy of the Storm Water Management Plan (SWMP) and Drainage Report for the facility. The Garfield County contract engineer has reviewed these documents and has provided several comments concerning a lack of compliance with Section 7-204.C.3.a and a need to demonstrate compliance with 7-204.C.3.d. Specifically, the Applicant has proposed to not provide detention for storm water peak attenuation (that post -development discharge rates do not exceed pre -development discharge rates) and has not demonstrated that the bio -retention ponds meet the requirements in the LUDC. Staff recommends a condition of approval that the Applicant modify the site plan, SWMP and Drainage Report to demonstrate compliance with Sections 7-204.C.3.a and Section 7-204.C.3.d. As an alternative, for Section 7- 204.C.3.a the Applicant may demonstrate compliance with Section 4-118 to request a waiver from this specific standard. These amended plans and reports or request for waiver will need to be provided to the Garfield County contract engineer for review and acceptance prior to issuance of the Land Use Change Permit. In addition, Mr. Hale noted that the SWMP does not provide evidence that the site is covered under the CDPHE permit. Staff suggests a condition of approval requiring the Applicant to submit a coverage letter to Garfield County once it is obtained. 7-205: Environmental Quality No hazardous materials are anticipated to be stored onsite. In addition, no air pollution aside from vehicles is expected. The application was referred to CDPHE Air Pollution 27 Control Division (APCD) and Water Quality Control Division (WQCD) for their review. The APCD indicated that a permit may be necessary, but it is unlikely because there are no additional air emissions outside of vehicles and Glenwood Springs is not in Non - Attainment. No comments have been received from WQCD. 7-206: Wildfire Hazards Map 7, Wildfire Susceptibility, of the Garfield County Community Wildfire Protection Plan (CWPP) does not rate this property. However, the 30 meter wildfire hazard GIS mapping shows the property as "low". In addition, the CWPP Wildfire Intensity GIS map show the property as "Low" to "Moderate". As a result, it is Staff's opinion that the wildfire risk on this property is within manageable levels. 7-207: Natural and Geologic Hazards See Section 7-108, above. 7-208: Reclamation The Applicant has included a landscaping plan that addresses re -vegetation and reclamation. This plan was reviewed by the Garfield County Vegetation Manager, Steve Anthony. Mr. Anthony states that the noxious weed inventory, seed mix and landscaping materials are acceptable. The treatment of identified noxious weeds prior to construction is recommended as is a revegetation security (bond) in the amount of $3750. 7-301 & 302: Compatible Design, Parking, and Loading The 26,795 square foot building (2,656 square feet of office and 24,140 square feet of warehouse) is proposed to be a standard warehouse / industrial style metal building. Provided the generally industrial surrounding property uses, this kind of architecture appears to be appropriate for this location. Access to the site is entirely vehicular with no proposed sidewalks or non -vehicular infrastructure along with basic landscaping proposed as a measure of reclamation and revegetation. The 70 proposed parking spaces far exceeds the County requirement of 23 spaces for the square footage of proposed office and warehouse space. The Applicant is proposing five loading spaces for tractor trailers while Section 7-302(B) requires the warehouse facility to have two. In addition, vehicular circulation appears to meet the requirements in the LUDC. Staff understands that the Applicant would like to have 70 parking spaces, far in excess of the 23 spaces required, because the additional spaces are necessary for vehicular and truck storage. In addition, although the facility only has 14.5 FTE employees, many of the shifts overlap. As a result, it is anticipated that roughly twice as many spaces are needed as there will be employees. 28 7-303: Landscaping As an industrial use, landscaping submittals and standards are not applicable to the proposal. 7-304: Lighting The application proposes cutoff lighting with minimal light protrusion outside the development area. It appears that the proposed lighting meets the County's lighting standards. 7-305 Snow Storage Adequate portions of the site plan including areas adjacent to the proposed parking area are available for snow storage. 7-306 Trails The Applicant has not proposed any sidewalks, trails or other multi -modal connections to the site. 7-1001 INDUSTRIAL USE STANDARDS The Applicant represents that the facility will comply with all the Industrial Use Standards contained in Section 7-1001. The following summary addresses the applicable provisions. A. Residential Subdivisions The facility is located on a tract of property adjacent to the Glenwood Springs airport within Garfield County and is not within a platted subdivision. B. Setbacks The LUDC requires a setback of 100 feet from a proposed industrial use to the property line of a property used residentially_ The proposed industrial facility is approximately 550 feet from the nearest residentially used property line and appears to be able to meet the 100 foot setback as prescribed in the LUDC. Although the proposed use will be setback only 50 feet from the north property line, the adjacent property to the north (owned by the United States Forest Service) is used for storage and is also industrial in nature. C. Concealing and Screening All activities aside from parking are to take place within the proposed warehouse and office building. As this property is not zoned Industrial, all storage, fabrication, service and repair operations "shall be conducted within an enclosed building or have 29 adequate provisions, based on location and topography, to conceal and screen the facility and/or operations from adjacent property(s)" (Section 7-1001(C)). D. Storing The materials to be at the site will be concealed within a building and will not be transferred off the property by any foreseeable natural causes. No hazardous materials are anticipated to be on the site, however, all industrial products and wastes must be stored in accordance with all applicable state and federal regulations. E. Industrial Wastes No hazardous wastes will be stored in the facility. F. Noise This facility is not anticipated to generate any noise outside that generated by vehicular and truck traffic. The Applicant has represented that "This site will not generate vapor, dust, smoke, noise, glare or vibrations at any significant levels nr at nuisance levels beyond the property boundary. There will be sound generated by truck and vehicular traffic to the site, but that will not exceed normal ambient levels." G. Ground Vibration No ground vibrations are expected from the site. H. Hours of Operation The facility will operate in excess of those outlined in the LUDO (7AM to 7PM Monday through Saturday). The Applicant would like to operate the facility 24 hours per day, 6 days per week. The decision-making body has the ability to alter the permitted hours of operation for the facility. I. Interference, Nuisance, or Hazard No other nuisance or ground vibration hazards are anticipated based on type of use. V. SUPPLEMENTAL AND ADDITIONAL STAFF ANALYSIS See Exhibit 17, Invoice from the West Divide Water Conservancy District. No other supplemental materials were submitted after the application was determined Technically Complete. V. STAFF RECOMMENDATION Staff understands that the City, who owns and maintains all roadways accessing this development, considers Airport Road and Airport Center Road to be inadequate to support the proposed use. In addition, referral comments from the City and conversations with City staff indicate that the Applicant and the City have not agreed 30 on a plan to improve the roadways to support the proposed use. Considering that an agreement has not been developed between the two parties and a strong letter from the City Council has been submitted recommending that the BOCC deny the application, the BOCC generally has three options: deny the application, continue the application to allow the Applicant and City time to come to an agreement, or approve the request with conditions addressing these issues. These options are outlined below. 1. DENIAL SUGGESTED FINDINGS 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 extensive and e 11 a e1�J aleve 10..1 J was l.i/l60,1 IJ� tl V 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 Land Use Change Permit for CLH Properties, LLC (Riverside FedEx Facility) is NOT in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That the application has NOT adequately met Section 7-107, Access and Roadways, of the Garfield County Land Use and Development Code, as amended. 2. CONTINUANCE At the discretion of the BOCC, this application can be continued to a date certain. This continuation would be to allow the Applicant time to meet with the City in order to come to an agreement on road improvements necessary to meet the needs of the proposed development. 3. APPROVAL WITH CONDITIONS SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board 31 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 Land Use Change Permit for CLH Properties, LLC (Riverside FedEx Facility) is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of the Conditions of Approval the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. RECOMMENDED CONDITIONS OF APPROVAL The following recommended conditions of approval are provided for the Board of kt?:5 County Commissioners consideration. 1. That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. That the operation of the CLH Properties, LLC Warehouse and Distribution Center (Riverside FedEx Facility) shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. The Applicant shall control fugitive dust during the construction and operation of the site. 4. The facility shall maintain compliance with Section 7-306 Lighting, with all lighting to be directed inward and doward toward the interior of the site. 5. Facilities and storage tanks shall be painted a non -glare neutral color to lessen any visual impacts. The -Applicant shall control all noxious weeds during construction and operation of t e site. UOperation of the site as proposed is permitted 24 hours per day, Mondarthroug Settif 8. A minimum of a 200,000 gallon water storage tank shall be provided onsite and as demonstrated in the proposed site plans for use in firefighting and operating the fire sprinklers. Should demand for fire protection water exceed a total of 200,000 gallons, the tank shall be enlarged to meet the requirements as recommended or necessitated by the International Building Code, the International Fire Code, the fire protection district, the Garfield County Building Department or the project engineer. This tank shall be painted a non -reflective neutral earth tone color. 9. The proposed Onsite Wastewater Treatment System (OWTS) shall obtain all necessary County permits. 10. As a result of high bear activity in the area, all outdoor refuse containers must be certified bear -proof. 11. The SWMP does not provide evidence that the site is covered under the CDPHE permit. The Applicant shall submit a coverage letter to Garfield County once it is obtained. 12. With exception to the control of noxious weeds, no development or disturbance of the hillside along the Roaring Fork River shall occur unless identified in the approved site plan. Conditions Prior to Issuance of Permit 13. All Dalmation Toadflax shall be treated on the site. In addition, as Diffuse Knapweed is common in the area, any occurrences of Diffuse Knapweed should be treated as well. These noxious weeds shall be treated prior to construction with satisfactory confirmation of the treatment submitted to the Garfield County Vegetation Manager by October 31, 2014. This treatment and confirmation shall be completed prior to issuance of the Land Use Change Permit. 14. Conflicting information was provided regarding fertilization in the hydroseed. The Applicant shall clarify this issue to the satisfaction of the Garfield County Vegetation Manager prior to issuance of the Land Use Change Permit. 15. The Applicant has indicated that the total area to be landscaped is 68,309 square feet, or 1.56 acres. As a result, a revegetation security of $3750 (1.5 acres x $2500 per acre) shall be provided prior to issuance of the Land Use Change Permit. This security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards section in the Garfield County Weed Management Plan. The Reclamation Standards are cited in Sections 4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution #2002-94). 33 °.s rinkler systems, Knox key and access shall be finalized with the Fire he fire protection systems design including fire hydrants, water storage tank, • r`�D-•artment. The Applicant shall provide the Planning Department with the final \ ;ode igns as agreed to by the Fire Protection District prior to issuance of the Eand (/_ • - . - - The site plans shall be updated with any changes made to t fire protection system. 17. Engineered details of the water supply infrastructure, equipment and fire protection systems shall be reviewed and accepted by the Garfield County contract engineer prior to issuance of the Land Use Change Permit. If necessary, the site plans shall be updated with any changes made to the water supply infrastructure, equipment or fire protection system. ) (�-L•rSc c, C! �. '�'`y`` 1'-X445 1e Thi Applicant shall mo• fy the site plans, SWMP and Drainage Report to demotrate compliance with Sections 7-204.C.3.a (post -development peak discharge, rate does not exceed pre -development peak discharge rate) and Section 7404.C.3.d (bio -retention ponds conform to standards) of the LUDC. Should the\Applicant wish to obtain a waiver from Sections 7-204.C.3.a, compliance w h Section 4-118 is required. These amended plans and reports or request for wa shall be provided to the Garfield County contract engineer for review and acc - ptance prior to issuance of the Land Use Chang Permits 0 'LS be &i %r, J/ <v.PMecJ Lf /)0 ,to o�,� i-o"k 19. The raffic I pact Analysis did not consider the 27th Street / ' ighway 82 interchan. -. Prior to issuance of the Land Use Change Permit, the Applicant shall address this intersection and/or explain why this intersection was not evaluated. This evaluation shall be reviewed and accepted by the Garfield County consulting engineer prior to issuance of the Land Use Change Permit. - ) i7 -7/ -�o� ^ 1�f—`�-'^e- The Applicant shall either contribute $5:5,000 to the City 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 stated dedication, adequacy and safety concerns. A development plan and agreement shall be in place before issuance of the Land Use Change Permit. cl c�t'(( /)C,%,)ti / 1-`2 The Applicant shall develop a plan with the City to determine a specific amount of land dedication for the South Bridge landing, if any. This dedication plan and agreement shall be in place before issuance of the Land Use Change Permit. Should the City determine that a dedication is not necessary, a letter from the City stating such shall be provided to the County. 22. The Applicant shall demonstrate whether the proposed building encroaches on the 7:1 transitional surface as described in the City's Airport Layout Plan. This analysis shall be conducted by a licensed surveyor. The results of this survey shall be reviewed by City staff. Should it be found that the building encroaches into the 7:1 transitional surface, the Applicant shall submit amended plans to the 34 Garfield County Planning Department for additional review and referral to effected agencies prior to issuance of the Land Use Change Permit. 23.: The Applicant shall establish a fisherman's easement along the Roaring Fork River to allow fisherman to wade and anchor along the property line. This easement shall be five feet above high water mark to the center of the river or the furthest extent towards the centerline, whichever is greater. This easement language and revised site plans shall be reviewed and accepted by the Garfield County Community Development Department prior issuance of the Land Use Change Permit, Tfie a isdocurrTent strati- -r rded-w th tne Garfield Geunty-Clerk , J✓ 35 EXHIBIT 1 Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. 0✓ My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the 5th day of August , 2014. All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] Owners were identified through the Garfield County Clerk & Recorder Records ■ Please attach proof of certified, return receipt requested mailed notice. El My application required Published notice. Notice was published on the 7th day of August ■ Please attach proof of publication in the Rifle Citizen Telegram. , 2014. IMP application required Posting of Notice. Notice was posted on the 5th day of August 4 , 2014. Sim Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: Da Signature: Date: August 5, 2014 Ad Name: 10439932D Customer: Western Slope Consulting Your account number is: 1023467 PROOF OF PUBLICATION THE RIFLE GHRF Cl ELEG STATE OF COLORADO, COUNTY OF GARFIELD I, Michael Bennett, do solemnly swear that I am Publisher of The Rifle Citizen Telegram, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 8/7/2014 and that the last publication of said notice was dated 8/7/2014 the issue of said newspaper. In witness whereof, I have here unto set my hand this 08/07/2014. Michael Bennett, Publisher Publisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 08/07/2014. My Commission Expires 1110111015 amela J. Schultz, Notublic My Commission expires: November 1, 2015 1 EXHIBIT PUBLIC NOTICE TAKE NOTICE that CLH Properties. LLC has applied to the Board of County Commissioners, Garfield County, Stale of Colorado, to request approval fora Limited Impact Review on a 8.7 -acre parcel located an Airport Center Road (AKA County Road 116) in the County of Garfield, State of Colorado; to -wit Legal Description: A tract of land described as follows (the 'Permit Parcel°): A Parcel of land situated in the Southeast Quarter of the Northeast Quarter and in the Northeast Quarter of the Southeast Quarter of Section 27, Township 6 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado. said parcel lying westerly of the centerline of the Roanng Fork Riv- er and being more particularly described as follows: Beginning at a point in said Centerline of the Roaring Fork River from which the East Quarter Comer al said Section 27 bears approximately S88°20'00'E, 786.50 feel; thence upon said centerline S11'55'12'W, 163.83 feet to the Southeast Comer a1 a Parcel of land described In Book 348 at Page 87 of the Garfield County Public Records; thence departing said cethreenterline and upon Inc boundary line of said Parcel re- t to the east - corded ht of way IncIof a 300 foot airrpe 87 the lortiRu way Strip; 2) N26.1200'W, 100 8 feet upon 174.13 said easterly right of way; 3) N01 40 00 E, 208.83 feet to the westerly line of a Parcel of Land described In Book 275 at Page 346 of saki Public Records; thence departing said lands described In Book 3488 at Pa28.49 feet to the eastern right of way line described ge 87 and up - aid Book 343 at N16' x'westerly, . 1e030.19'00'W, ) N 3; 912 W, 52 35 said 3) with alt bearingsthe contained hereinbaseded upon, N18°5186'W, 239.57 feet; 4) N21°05'54'W, 119.29 feet; thence departing said easterly right of way fine N69'? 1'48'E, 470.20 feet more or less to said centeriine of the Roaring Fork River, thence upon said centerline o1 the Roaring Fork River the following two (2) courses: 1) S09'55'31 E, 346.20 feet; 2) S07'00'00'E, 660.40 feet to the Point of Beginning. Containing 8.70 Acres more or less. The above-described Permit Parcel is a portion of the properly owned by the Applicant as of July 25, 2014, which is described as follows (the 'Ownership Parcel'): A Parcel of Land Situated In the Southeast 04 Ne 14 and In the Ne A Se 14 Of Section 27, Township 6 South, Range 89 West of the 6th Principal Meridian, County of Garfield, Slate of Colorado. Said Parcel Lying Westerly of the Center of the Roe ng Fork River and Being Mare Particularly Described As Fallows: Beginning at the Centerline of the Roaring Fork River, from Which the East Quarter Comer of Said Sec- tion 27, a GLO Brass CAP Standard Monument Bears 5 88° 20' 00' E a Distance of 786.50 FL; Thence S07° 00' 00' E along Said Centerline a Distance of 5.11 Ft.; Thence S 11° 55' 12' E along Said Center- line a Distance of 167.56 Ft. to the Southeast Comer of That Parcel Described In Book 348 at Page 87 of the Garfield County Records; Thence 5 63° 48' 00' W along the Southerly Line o1 Said Parcel, a Distance of 310.00 Ft.; Thence N 26' 12' 00' E along the Westerly Line o1 Said Parcel, a Distance of 176.64 Ft.; Thence N01 Degree 40' 00' E along the Westerly Line of Said Parcel, a Distance 01204,14 Ft. to the Westerly Line of That Parcel of Lend Described in Book 275 at Page 346 of the Garfield County Records; Thence N 30° 19' 00' W along the Westerly Line o1 Said Parcel, a Distance of 438.00 FL to the Southerly Line 01 That Parcel of Land Described in Book 343 at Pape 365 of the Garfield County Records; Thence N 15° 57' 00' W a Distance of 9.21 Ft.; Thence N 13° 19 17' W along Said Westerly Line, a Distance of 52.35 Ft.; Thence N 18° 51' 56' W along Said Wesledy Line, a Distance of 239.57 FI.; Thence N 21° 05' 54' W a Distance 01119.29 FI.; Thence N 69° 11' 48 E along the Northerly Line of Said Parcel, a Dis- tance 01470.20 Ft. to the Northeast Comer of Said Parcel at the Center of the Roaring Fork River; Thence S09° 59' 48' E along the Eastedy Line of Said Parcel, and along the Center of Said River, a Distance of 348.19 Ft.; Thence S07° 00' 00' E along the Easterly Line of Said Parcel and along the Center of Said River, a Distance of 655.29 Ft. to the Point of Beginning. Excepting Therefrom the Right of Way for County Road. County of Garfield, State of Colorado The Applicant and the City of Glenwood Springs have agreed to exchange quitclaim deeds to correct an error In the legal description for the Ownership Parcel. which is expected to be completed prior to the hearing with the Garfield County Board of County Commissioners. The resulting full parcel lobe owned by the Applicant as of the hearing date will stili include the entire Permit Parcel and will he described as follows (the 'Revised Ownership Parcel'): A Parcel of land situated in the Southeast Quarter of the Northeast Quarter and in the Northeast Quarter of the Southeast Quarter of Section 27, Township 6 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado. said parcel lying westerly of the centeriine of the Roaring Fork River and being more particularly described as follows: Beginning ata point In said Centerline of the Roaring Fork River from which the East Quarter Comer of said Section 27 bears S88'39'07'E, 785.29 feet; thence upon said centerline 611 °55'12'W. 248.88 feet to the Southeast Comer of a Parcel of land described In Book 348 at Page 87 of the Garfield County Public Records; thence departing said centerline and upon the boundary line of said Parcel recorded In Book 348 at Page 87 the following Three (3) courses: 1) 863'48'00'W, 121.621eet to the easterly right of way line of a 300 foot airport Runway Strip; 2) N26°12'00°W, 167.49 feet upon said easterly right of way; 3) N01'40'00'E, 208.83 feet to the westerly line of a Parcel of Land described In Book 275 at Page 346 of said Public Records; thence departing said lands described In Book 348 at Page 87 and upon said westerly line N30°19'00'W, 428.49 feet to the eastern right of way fine described in Book 343 at Page 365 of said Public Records; thence upon said eastem right of way the fallowing four (4) courses; 1) N15°57'00'W, 9.21 feet; 2) N13°19'17'W, 52.35 feet; 3) with all bearings contained herein based upon, N18°51'56'W, 239.57 feet: 4) N21'05'54'W, 119.29 feet; thence departing said easterly right of way line 1469°11'48°E, 470.20 feet more or less to said centerline of the Roaring Fork River: thence upon said centerline of the Roaring Fork River the following two (2) courses: 1) 509'55'31E, 346.20 feet: 2) S07°00'00°E, 660.40 feet to the Paint of Beginning. Containing 8.92 Acres more or less Practical Descriotfon• 1097 County Road 116, Glenwood Springs, CO. It is located south of the City of Glenwood Springs in SE Qtr of NE Otr 8 in NE 01, of Section 27, Township 6 South, Range 98 West of the 61h Principal Meridian, Garfield County and is part of a property known by Assessor's Parcel No. 218527100008. Description of Reouest' This is a Limited Impact Review Land Use Change Permit to construct an approximately 27,000 square Warehouse and Distribution Center. The overall property is approximately 8.92 acres. The Property is zoned Commercial General (GG). All persons affected by the proposed project are invited to appear and state their views, protests or support. If you cannot appear personally at such hearing, then you are urged to stale your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, In deciding whether to grant or deny the request The application may be reviewed at the office of the Planning Department located at 108 9th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs. Colorado between the hours o1 8:30 a,m- and 5:00 p.m., Monday through Friday. A Board of County Commissioners Public Hearing on the application has been scheduled for the 8th day of September, 2014, 011:00 P.M. in the Carbondale Town Hall Meeting Room - Carbondale Town Hall, 511 Colorado Ave., Carbondale, Colorado. Planning Department Garfield County Published in the Citizen Telegram August 7, 2014. 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Apr7vo.; 132 PARK AVE or PO Box NO. oty, State, zIP'4 BASALT, CO 81621-9338 delivery address below: 0 No /tail 0 Express Mail i 0 Retum Receipt for Merchandise ail 0 C.O.D. Slivery? (Extra Fee) 0 Yes 00 1,748 3848 PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 August 25, 2014 COLORADO Parks and Wildlife Department of Natural Resources Glenwood Springs Area Office 0088 Wildlife Way Glenwood Springs, CO 81601 Dave Pesnichak Senior Planner - Garfield County Building and Planning Department 108 81" Street, Suite 401 Glenwood Springs, CO 81601 RE: Riverside FedEx Facility (Garfield County File# LIPA - 7988) Dear Mr. Pesnichak, Colorado Parks and Wildlife (CPW) has reviewed the submitted application materials for the proposed Riverside FedEx facility in Glenwood Springs. CPW staff does not anticipate any adverse impacts to wildlife as a result of this project, but would like to recommend one requirement for inclusion on the applicant's permit: 1. Given the number of bear related incidents that have occurred in the area of the proposed project, the proponent must utilize bear -proof garbage containers for all trash generated at this facility. Garbage must be 100% secured in these certified bear -proof containers to eliminate any attractants for bears or other wildlife species. Colorado Parks and Wildlife appreciates the opportunity to review and comment on this project. If there are any questions or needs for additional information don't hesitate to contact Land Use Specialist, Taylor Elm at (970) 947-2971 or District Wildlife Manager, John Groves at (970) 947-2933. Sincerely, erry Wi Area Wildlife Manager Cc. John Groves, District Wildlife Manager Dan Cacho, District Wildlife Manager Taylor Elm, Land Use Specialist File Bob O !Nosciri . Ouator Colorado Parks and W dalife • Parks and Wildlife Commas ion. Robrn W Bray • Chris Castilian. Sammy • Jcarme I !or= Bill Kane, Clair • Gaspar ['miaow • Dale Pial • Jams Pnbyl *Jan= Vigil • tkun Wingfcld • MiclzOe Zimmerman • Ala Zip EXHIBIT Garfield County Road & Bridge To whom it may concern Date: July 16,2014 The Address of: 1097 County Road 116 Glenwood Springs, Co. 81601 Garfield County Road & Bridge does not show any record of a driveway permit at that address. The said address is in the City of Glenwood Spring street system and is not longer under Garfield County Road & Bridge. Any driveway permits would need to go through the City of Glenwood. Any questions please call me. Mike Prehm Garfield County Road & Bridge Foreman/District 1 (970) 945-1223 Office (970) 618-7109 Cell (970) 945-1318 Fax David Pesnichak From: Michael Prehm Sent: Thursday, August 07, 2014 6:09 AM To: David Pesnichak Subject: Riverside FedEx Facility David, EXHIBIT The proposed FedEx facility located at 1097 County Road 116 (Airport Road) will have no impact on the Garfield County road system. Traffic generated by this facility will not be traveling on any County road. Any questions please contact me. Mike Prehm Garfield County Road & Bridge Foreman/Glenwood District (970) 945-1223 Office (970) 945-1318 Fax. (970) 618-7109 Cell 1 David Pesnichak From: Franco - DNR, Ivan <ivan.franco@state.co.us> Sent: Friday, August 15, 2014 9:20 AM To: David Pesnichak Cc: Alan Martellaro - DNR; Jake DeWolfe - DNR Subject: CLH Properties LIPA-7988 Mr. Pesnichak, This office has reviewed the proposal by the applicant to construct a FedEx warehouse and distribution facility at 1097 County Road 116 in Glenwood Springs. The applicant has not proposed to split or change the size of the existing parcel. Water demands would include drinking and sanitary uses for approximately 14 employees, and the irrigation of approximately 20,000 square -feet of trees and shrubs. The applicant has put forth several alternative sources in a preliminary water supply analysis. The waste water would be handled through a sewer connection with the City of Glenwood Springs. Given the preliminary nature of the application, we can only offer the following general comments at this time. The applicant has proposed the use of either and existing or new connection to the City of Glenwood Springs Municipal water supply system. This office would have no objection to the use of a legal municipal supply. The applicant goes on to propose the drilling of a new commercial non-exempt well to service the facility or a surface diversions from the Roaring Fork River or some combination of the three water supply sources (Municipal, Well, Surface Diversion). In any scenario that includes a water well or surface diversion, the applicant should note that the stream system is over -appropriated, that as any potential water right is subject to curtailment, and is therefore not adequate for year-round use without an augmentation plan. Also, the applicant will be required to make an application with this office for a new non-exempt commercial well permit, should a well be included in the final water supply plan. If you or the applicant have any questions please feel free to contact me at this office. Sincerely, Ivan Franco, E.I.T. Water Resources Engineer P 303.866.3581 / F 303.866.2223 1313 Sherman Street, Room 818, Denver, CO 80203 ivan.franco@state.co.us / www.water.state.co.us 1 August 24, 2014 Garfield Coun Dave Pesnichak Garfield County Community Development Department Vegetation Management RE Riverside FedEx LIPA-7988 Dear Dave, Thank you for the opportunity to comment on this permit. The noxious weed inventory provided in the Ecological Assessment is acceptable. Staff requests that the applicant treat the infestations of the County listed noxious weed, Dalmatian toadflax (Linaria dalmatica) found on-site prior to construction. The Ecological Assessment did not mention, the County listed noxious weed - Diffuse knapweed (Centaurea diffusa), however it is common in the area and should be removed and bagged from the site if located on-site and in the flowering stage. Please submit confirmation of noxious weed treatment to the Vegetation Management Office by October 31, 2014. The seed mixes and landscape materials listed on the Construction Document L1.01 are acceptable. There is conflicting information provided in regards to fertilization. Under Native Seed Mix Schedule the note states that a 15-40-5 fertilizer will be used with the hydromulch mix. On the same sheet, under Weed Management Notes, Item 3, it is stated that fertilizers will not be used in hydroseeded areas due to fertilizer use favoring "weeds over native perennial species." Staff agrees with the latter statement and requests that fertilizers not be used in hydroseeding. Under Landscape Calculations (Sheet L1.01), the applicant indicates that the total area to be landscaped is 68,309 square feet or 1.56 acres. Staff will use that figure to recommend a revegetation security of $3750 (1.5 acres x $2500 per acre). The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards section in the Garfield County Weed Management Plan. The Reclamation Standards at the date of permit issuance are cited in Sections 4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution #2002-94). Please let me know if you have any questions. Sincerely, Steve Anthony Garfield County Vegetation Manager 0375 County Road 352, Bldg 2060 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970-625-5939 David Pesnichak From: Jim Sears <jsears@garcosheriff.com> Sent: Monday, August 18, 2014 10:56 AM To: David Pesnichak Subject: CLH Properties - Riverside FedEX Warehouse and Distribution Facility EXHIBIT I I 5" David, After review of the submitted documents, the Sheriff's Office does not have any comments or concerns with the submitted application. The hard copy of the application will be placed in relay today returning to you. Thank you, Jim Sears Emergency Operations Sergeant Garfield County Sheriff's Office 107 8th St. Glenwood Springs, CO 81601 970-945-0453 (Office) 970-987-2871 (cell) 1 August 14, 2014 COLORADO Department of Public Health & Environment Dedicated to protecting and improving the health and environment of the people of Colorado David Pesnichak Garfield County Building and Planning Dept. 108 Stn St., Suite 401 Glenwood Springs, CO 81601 RE: Riverside Fed Ex Facility- Garfield County Dear Mr. Pesnichak: On August 5, 2014, the Colorado Air Pollution Control Division (APCD) received a request for an air quality determination concerning Riverside Fed Ex Facility -Garfield County. APCD staff has reviewed the request and has determined that the following provisions of the Colorado Air Quality Regulations apply to the project. All sources of potential construction project air emissions in Colorado are required to obtain a construction permit unless specifically exempt from the provisions of Regulation No. 3. Go to the website www.colorado.gov/cdphe/APCD to view this regulation - click on Air Quality Regulations, then Regulation No 3. Section II.D.1 lists which projects are exempt from requirements of the regulation. In addition, you will need to establish whether you are in an air quality attainment or non -attainment area, by accessing the information at www.colorado.gov/cs/Satellite/CDPHE-AP/CBON/ 1251595265316. Once it has been determined that an Air Pollution Emissions Notice (APEN) is required, the next phase of air permitting involves submission of an Application for Construction Permit for each facility and one APEN for each emission source. A source can be an individual emission point or group of similar emission points (see Regulation No. 3, Part A). Both APEN reporting and permit requirements are triggered by uncontrolled actual emission rates. Uncontrolled actual emissions are calculated based upon the requested production/operating rate assuming no control equipment is used. In general, an APEN is required for an emission point with uncontrolled actual emissions of any critical pollutant equal to or greater than the quantities listed below: 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe John W. Hickenlooper, Governor 1 Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer AREA UNCONTROLLED ACTUAL EMISSIONS Attainment Area 2 tons per year Non -attainment Area 1 ton per year All Areas Lead emissions: 100 pounds per year Sources of non -criteria reportable pollutants have different reporting levels depending upon the pollutant, release point height and distance to the property line. Please see Regulation No. 3 Appendix A and C to determine the appropriate reporting level for each pollutant, and for a list of non -criteria reportable air pollutants. However, none of the exemptions from an APEN filing requirement shall apply if a source would otherwise be subject to any specific federal or state applicable requirement. Information concerning submittal of revised APEN is also given in Regulation No. 3, Part A. An APEN is valid for five years. The five year period recommences when a revised APEN is received by the Division. If you have any questions regarding your reporting or permitting obligations, please contact the Small Business Assistance Program at 303-692-3148 or 3175. Land development construction activities (earth moving) that are greater than 25 acres or more than six months in duration will require an APEN from the Air Division and may be required to obtain an air permit. In addition, a start-up notice must be submitted thirty days prior to beginning a land development project. Please refer to the website wwu'.colorado.gol/cdphe/APCD for information on APEN forms. Click on Construction Permit and Compliance Forms, then click on the menu item that applies to your project. If you have any questions or need additional information, please call the phone number(s) listed above, or you may call/ e-mail me directly at 303-692-3127 / jim.dileou state.co.us. Thank you for contacting the Division about requirements for your project or permit. Sscerely, James A. DiLeo NEPA Coordinator Air Pollution Control Division Colorado Department of Public Health and Environment 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe John W. Hickenlooper, Governor 1 Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer West Divide Water Conservancy District -General Stored Water 818 Taughenbaugh Blvd. g101 P. O. Box 203 (970) 625-5461 Rifle, CO 81650 waterici wdwcd.org BILL TO KW Glenwood Springs, LLC 941 Orange Avenue #512 Coronado, CA 92118 EXHIBIT 1 7 -- DATE INVOICE 8/18/2014 10362 Please reference the Invoice # on your check. Due Upon Receipt. Total S136.68 On any shared well non-payment of any portion of the fees due deems the whole contract cancelled. CONTRACT # ACRE FEET RATE IDENTIFICATION 140821 KWG(a) 1 In/Commercial DESCRIPTION QTY RATE AMOUNT Augmentation Water Contract Colorado River Augmentation Plan Assessment Recording Fee 1 1 1 61.68 55.00 20.00 61.68 55.00 20.00 Due Upon Receipt. Total S136.68 On any shared well non-payment of any portion of the fees due deems the whole contract cancelled. G�N�o4a spR/h, 0EPAR EXHIBIT August 26, 2014 To: David Pesnichak< Garfield County Planner From: Ron Biggers, Deputy Fire Marshal, Glenwood Springs Fire Department RE: File number LIPA-798. Name CLH Properties -riverside FedEX Warehouse and Distribution Facility, applicant CLH Properties LLC., Contact person Davis Farrar (Western Slope Consulting, LLC), Location South of Glenwood Springs adjacent to Glenwood Springs Airport, parcel #218527100008 Comments Assess: There shall be unobstructed Fire Department assess around the entire building. On the submitted plans there appears to be fencing around the building with an assess gate on the south west corner for vehicles to enter this area. If this gate is a controlled assess one it shall have a Knox key switch installed on its exterior west side to permit Fire crews assess to the area around the building. A Knox key box shall be installed on the exterior of building 5'-6' above finished grade above the sprinkler system Fire Department Connection (FDC). In the secured Knox box, keys to the building's exterior/interior doors shall be place in it for the Fire Departments use to assess the building without breaking door. The general contractor shall discuss finial placement of the Knox key switch and Knox key box with the Fire Department staff before installing them. The application to order the Knox products is obtained from the Glenwood Springs Fire Department Administration office located at 806 Cooper Avenue, Glenwood Springs. Fire Protection Water Supply: The best option to meet the fire flow and automatic fire protection systems demands is for the owners to connect to the City of Glenwood Springs municipal water supply. If this connection is not possible the applicant mentions a couple of other options in their application to meet these water demands like; Fire pump required for all, large tank, pond (must also meet water demand in winter when surface is frozen), Roaring Fork River water or a combination of these options. If the connection to the City water supply is not made then all the other options shall be discussed with the Glenwood Springs Fire Department staff prior to the owners and their engineers design the system permanent fire flow water supply system. 0EPAR Required Building Fire Protection Systems: The building shall have an automatic fire suppression system installed in it. The system shall be designed and installed to National Fire Protection Association (NFPA) 13 standards for the occupancies housed in the building. The building shall have a fire alarm system installed in it that is designed to NFPA 72 standard for a fire sprinkled building and Glenwood Springs Fire Departments amendments to the 2009 edition of the International Fire Code (IFC). Fire Hydrants: The site will require at a minimum one fire hydrant and possibly two to be installed on it. Hydrant location shall be approved by the Fire Department staff prior to installation. Premises Identification: Reference Section 505 of the 2009 (IFC). The above are my comments on this application at this time, more may follow if the project moves forward. Please contact me if you or the applicant have questions on the above comments. Required Building Fire Protection Systems: The building shall have an automatic fire suppression system installed in it. The system shall be designed and installed to National Fire Protection Association (NFPA) 13 standards for the occupancies housed in the building. The building shall have a fire alarm system installed in it that is designed to NFPA 72 standard for a fire sprinkled building and Glenwood Springs Fire Departments amendments to the 2009 edition of the International Fire Code (IFC). Fire Hydrants: The site will require at a minimum one fire hydrant and possibly two to be installed on it. Hydrant location shall be approved by the Fire Department staff prior to installation. Premises Identification: Reference Section 505 of the 2009 (IFC). The above are my comments on this application at this time, more may follow if the project moves forward. Please contact me if you or the applicant have questions on the above comments. August 28, 2014 Mr. David Pesnichak Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design EXHIBIT 1 / RE: Review of Riverside FedEx Warehouse and Distribution Facility: LIPA-7988 Dear David: This office has performed a review of the documents provided for the Limited Impact Review application of the Riverside FedEx Warehouse and Distribution Facility for CLH Properties. The submittal was found to be thorough and well organized. The review generated the following comments: 1. The project narrative evaluates 'options for providing the proposed site with sanitary services. The project plan sheets only show an onsite wastewater treatment system (OWTS). The OWTS will require permitting through the Garfield County Building Department. 2. The Applicant proposes to obtain an access license from the City of Glenwood Springs. The application materials propose two accesses. The plans should be revised to show one access. 3. The traffic analysis does not address how the traffic will impact the intersection of Highway 82 and 27"' Street. The Applicant should address this intersection and/or why this intersection was not evaluated. 4. The Applicant proposes to not provide detention for storm water peak attenuation. A waiver should be requested from Section 7-204.C.3.a of the LUDC. 5. The Applicant should address how the bio -retention ponds that are proposed conform to Section 7-204.C.3.d of the LUDC. 6. The Storm Water Management Plan does not provide evidence that the site is covered under the CDPHE Permit. A copy of the coverage letter should be submitted to Garfield County once obtained. 7. The plan sheets show that a 3/4" water service tap is to provide fire protection and potable supply to a fire pump and storage tank. No details were included for this equipment. The Applicant should provide engineering design for review. The Applicant will need to obtain approvals from the Fire District. Feel free to call if you have any questions or comments. Sincerely, Mountain Cross Enin s Hale, PE Inc. 8261/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com MEMORANDUM EXHIBIT 2.0 August 26, 2014 TO: Dave Pesnichak, Garfield County Community Development FROM: Andrew McGregor, Community Development Director 't` -'4 - RE: LIPA-7988 CLH Properties — Riverside Fed Ex Warehouse and Distribution Facility Thanks for providing the City of Glenwood Springs with the opportunity to comment on the above -noted application for a Fed Ex facility in South Glenwood adjacent to the airport. In order to provide your office and the County Commissioners with the most comprehensive and detailed comments, we circulated the application to various relevant City staff. Staff comments are attached and are generally self- explanatory. Due to the potential for significant impacts associated with this application, we also presented this application to the City Council at their meeting on August 21St for their comments. Council was presented the application materials by staff in advance of the meeting and provided with a brief presentation by City Staff. At the conclusion of their discussion, Council voted to recommend to the Board of County Commissioners that they deny the application due to the issues outlined in the staff report and the significant impact to the transportation infrastructure that is wholly inadequate to accommodate this use. The following is a list of issues that have been raised by staff during their review of the annexation , zoning and development applications and included in the August 21 Staff Report. o There are currently significant shortcomings in the South Glenwood transportation infrastructure. This project will impact Airport Road (largely unpaved), Midland Avenue from 4 Mile Road to 27th Street has operational and structural failures, Sunlight Bridge has structural and capacity issues, 27th Street intersections at S Grand and S. Glen and no immediate opportunities to construct the South Bridge for emergency egress from S. Glenwood and Four Mile areas.. Any County approval should obligate the developer to make contributions to the upgrading of Airport Road and other system deficiencies. o Public safety concerns with increased truck traffic and with lack of pedestrian facilities, increased noise, etc. o Truck traffic has a greater deleterious effect on road pavement and structure than do passenger cars. o Concerns with impacts on the airport including safety concerns with truck traffic at the runway's south end and building encroachments into the transitional surface parallel to the runway. o Lack of sufficient water and sewer service without connections to the City's systems. o Need for land dedication to accommodate west touchdown for the South Bridge. o Need for protections on the hillside above the river and below the developed portion of the site. o Need for protection of riparian areas along the riverbank. o No design standards for building or site development. We appreciate your consideration of the City's input in this application. PLANNING ITEM: 33-14 SUBJECT: GarCo Review – FedEx Distribution Facility CITY ATTORNEY (Jan Shute) – No legal comments for GarCo review. Would be a good idea to submit to Transportation Manager/Assistant Public Works Director to obtain safety comments from City Airport Committee. CITY MANAGER (Jeff Hecksel) – Transportation infrastructure in this area is not sufficient to support this use. POLICE DEPARTMENT (Terry Wilson) – Same as prior review—Significant developments should not be permitted in this area until South Bridge is built and/or Midland Ave. and 27th St. Bridge are significantly improved. Traffic from this project should be kept out of adjacent neighborhoods. PUBLIC WORKS DIRECTOR (Robin Millyard) ASSISTANT PUBLIC WORKS DIRECTOR(Dave Betley) BUILDING DEPARTMENT (Patrick Seydel) CITY ENGINEER (Terri Partch) - Through the recent traffic impact analysis performed for several annexation and development proposals, I have become increasingly aware of the poor state of our City's transportation system on the south side of Glenwood Springs. The current issues that I am aware of include the following: • The north bound turn lane from SH82/Glen Avenue is under capacity. Dual turn lanes are needed to clear the number of cars wanting to turn west onto 27th Street. • 27th Street does not have the right of way necessary to accommodate a dual turn lane. • The intersection at 23" Street and South Grand Avenue is frequently blocked by people wanting to turn onto South Grand Avenue. • This blockage at 23' and South Grand Avenue causes cars to back up to the west, through the 27th Street Bridge and the roundabout at 27th and Midland. • The 27th Street Bridge has a sufficiency rating of 42.2 out of 100, a score which is lower than the Grand Avenue Bridge. If Federal or State funds are used, the sufficiency rating is so low that that it cannot be rehabilitated, it must be replaced. The bridge is functionally obsolete, structurally deficient and scour critical. It is also under capacity. • South Midland Avenue from 27th Street south to Four Mile Road is in terrible condition. Poor drainage has caused many areas of subgrade failure, and during the winter months causes large potholes. • The intersection of Mount Sopris Drive and Midland Avenue is highly congested today under school traffic conditions, and is projected to go to failure by 2020. The construction of the South Bridge is projected to siphon approximately 1/3 of the projected traffic from 27th Street in the 20 year planning time frame. Its construction would provide the following benefits: • It will serve as a critical evacuation route for residents of south Glenwood and the Four Mile Canyon area. • It allows some additional development and redevelopment to occur in both southern Glenwood Springs and in the Four Mile Canyon Area of Garfield County. • The project would eliminate the need for the following the right of way acquisitions and capital projects: a. Right of way acquisition for two additional lanes on 27th Street between South Grand Avenue and SH82/Glen Avenue b. Road and drainage construction for two additional lanes on 27th Street c. Reconstruction of the 27th Street Bridge to a minimum of four lanes. Realignment of the bridge to meet the intersection of SH82 for optimum operational performance. d. Potential relocation of at least five condominium units at Cotton Wood Landing. e. Addition of another lane on the east side of the 27th Street Roundabout. At this time, without additional annexations, developments or redevelopment proposals, I anticipate that the City will need to fund $35 million to $50 million dollars worth of capital improvements to rebuild the existing roadways and bridges and to provide emergency access to the residents of south Glenwood and Garfield County. The Traffic Impact Analysis for the proposed Federal Express Distribution Facility does not accurately describe the existing conditions of the City system, and does not accurately project future impacts. Larger specific issues in the study include: • Traffic counts were performed in June of 2014. This count date misses the heavy use of the south Glenwood road system during the school year. • Traffic counts were scaled up to account for school traffic, but only at the intersection of Mount Sopris Drive and Midland Avenue. No scaling was applied to the other intersections. • No traffic counts and analysis were performed at the intersection of 27th Street and South Grand Avenue, an intersection that heavily contributes to congestion in the system. • No 20 year projections were done for the system. Fed Ex proposes to add 230 additional truck trips to the City's system during the AM and PM peak hours. I believe that this will have a significant impact on the City's already taxed system. Due to the poor state of our existing infrastructure and the large need for capital improvements from 27th Street south, the City should request that the County ask the developer for a contribution toward the needed capital improvements for the area. COMMUNITY DEVELOPMENT DIRECTOR (Andrew McGregor) WATER/WASTEWATER (Buddy Burns) — If the developer moves forward with City water and sewer extensions, refer to comments dated 7/29/14. If they choose to only utilize the existing 3/4" water service, note the following: (1) There shall be no interconnection between the existing 3/4" water service and any other water source. (2) It is highly recommended that the developer look at water quality on any other water source. FIRE DEPARTMENT (Ronald Biggers) CITY ELECTRIC (Doug Hazzard) STREETS & ALLEYS (Rick Turner) PARKS AND RECREATION (Tom Barnes) FINANCE DIRECTOR (Mike Harmon) AIRPORT COMMISSION (Jim Terry) — Would it be possible for the applicant to install illuminated stop signs on both ends of the south end of the runway where the stop signs are now? Signs with flashing red lights and additional signage that states, "Yield to landing and departing aircraft." With the increased semi -truck and automobile traffic, the improved signage may improve safety for the motorists, pedestrians and pilots. On a hot, windy, summer day, there have been numerous times that I was thankful that there were no cars or trucks on the roadway, lined up with the centerline of the runway, while landing to the north. SOURCE GAS (Westerman & Green) CENTURYLINK (Jason Sharpe) WEST GLENWOOD SANITATION DIST. (Scott Leslie)- .14400D Spit August 26, 2014 To: David Pesnichak< Garfield County Planner From: Ron Biggers, Deputy Fire Marshal, Glenwood Springs Fire Department RE: File number LIPA-798. Name CLH Properties -riverside FedEX Warehouse and Distribution Facility, applicant CLH Properties LLC., Contact person Davis Farrar (Western Slope Consulting, LLC), Location South of Glenwood Springs adjacent to Glenwood Springs Airport, parcel #218527100008 Comments Assess: There shall be unobstructed Fire Department assess around the entire building. On the submitted plans there appears to be fencing around the building with an assess gate on the south west corner for vehicles to enter this area. If this gate is a controlled assess one it shall have a Knox key switch installed on its exterior west side to permit Fire crews assess to the area around the building. A Knox key box shall be installed on the exterior of building 5'-6' above finished grade above the sprinkler system Fire Department Connection (FDC). In the secured Knox box, keys to the building's exterior/interior doors shall be place in it for the Fire Departments use to assess the building without breaking door. The general contractor shall discuss finial placement of the Knox key switch and Knox key box with the Fire Department staff before installing them. The application to order the Knox products is obtained from the Glenwood Springs Fire Department Administration office located at 806 Cooper Avenue, Glenwood Springs. Fire Protection Water Supply: The best option to meet the fire flow and automatic fire protection systems demands is for the owners to connect to the City of Glenwood Springs municipal water supply. If this connection is not possible the applicant mentions a couple of other options in their application to meet these water demands like; Fire pump required for all, large tank, pond (must also meet water demand in winter when surface is frozen), Roaring Fork River water or a combination of these options. If the connection to the City water supply is not made then all the other options shall be discussed with the Glenwood Springs Fire Department staff prior to the owners and their engineers design the system permanent fire flow water supply system. 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.garfieldhccht.com September 5, 2014 VIA US MAIL AND EMAIL David Pesnichak, Senior Planner Garfield County Planning Division 108 8th Street, Suite 401 Glenwood Springs, CO 81601 dpesnichak(4arfield-county.com Re: FedEx Facility Dear David: EXHIBIT 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. Nevertheless, if the City is improvements to Airport Road and project would be ready for issuance agree to pay the requested traffic fee condition as follows: David Pesnichek Garfield County Planning Division September 5, 2014 Page 2 of 3 willing to commit to constructing and completing the Airport Center Road prior to the expected time that the of a Certificate of Occupancy, then the Applicant would amount of $585,000 to the City. We propose revising the 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 Applicant shall submit proof that the $585,000 has been deposited into an escrow account, which shall be released to the City upon completion by the City of the proposed improvements to Airport 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 perform 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 proportionate share 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: 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 Bridge landing, if any. This dedication plan and agreement shall he in place before issuance of any building permit. Should the City determine that a dedication is not necessary, a letter from the City stating such shall be provided to the County, and this condition shall not 1111145 ® 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 10 -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 County 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. cc: Kelly Cave, Fsq. (e-mail only kcave(a)garfield-county.com) Frank Hutfless, Esq. (e-mail only flmtfless(4arfield-county.com DHM/kjt 1111145 Printed on recycled paper