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HomeMy WebLinkAbout4.0 BOCC Staff Report 01.06.2014Garfield County Board of County Commissioners Public Hearing Exhibits Optional Premises Cultivation Operation (Medical Marijuana) Major Impact Review Applicant is Bill Inverso, Red Canyon Plaza LLC in conjunction with Ron Radtke, Green Essentials Medical LLC January 6, 2014 (File MIPA-7643) Exhibit Letter (Numerical) Exhibit Description 1 Public Hearing Notice Form and Proof of Publication 2 Return Receipts from Mailing Notice 3 Photo evidence of Public Notice Posting 4 Garfield County Land Use and Development Code, as amended 5 Garfield County Comprehensive Plan of 2030 6 Application 7 _ Staff Report _ 8 Staff Presentation 9 Referral Comments from Garfield County Consulting Engineer 10 Referral Comments from Garfield County Road and Bridge Department 11 Referral Comments from Garfield County Vegetation Manager 12 Referral Comments from the Colorado Division of Water Resources 13 Referral Comments from Basalt Water Conservancy District 14 Referral Comments from the Glenwood Springs Fire Department and Attachments 15 Supplemental Letter from Resource Engineering Inc. regarding Water Issues dated 11/5/13 16 Bill Inverso Letter dated 11/12/13 regarding office & no ADU unit 17 Amended Well Permit Form dated 12/18/13 18 Updated Water Use Analysis from Resource Engineering dated 12/13/13 19 Updated Applicant Information on Well Permit Status and Complete Well Permit Amendment Application to Division of Water Resources 20 _ Applicant Memorandum on Temporary Water Hauling 21 22 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. My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the :9 "day of NOyi E 1711 e, ZAll 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. Alp owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means (list) Please attach proof of certified, return receipt requested mailed notice. My application required Published notice. Notice was published on theigsw• O�t}day of N(')VF MESEC_, ■ Please attach proof of publication in the Rifle Citizen Telegram. ▪ My application required Posting of Notice. / Notice was posted on the >! -P-Er` day of DV gn 1 '_. ; - Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. It Na e Slgnat D that the ove information is true and accurate. Ad Name: 9744608A Customer: Green Essentials Medical, LC Your account number is: 9470000 PROOF OF PUBLICATION RIFLETHE CITIZEN TELEGRAM STATE OF COLORADO, COUNTY OF GARFIELD I, Jim Morgan, do solemnly swear that I am General Manager of The Rhe 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 ofevery 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 11/28/2013 and that the last publication of said notice was dated 11/28/2013 the issue of said newspaper. In witness whereof, I have here unto set my hand this 12/16/2013. Jim Morgan, General Manager Publisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 12/16/2013. My Commission l bras 1170 if2015 4_ amela J. 2i,Notaub1ic My Commission expires; November 1, 2015 PJa8LftNOTICE TAKE NOTICE that Bill Inverso. Red Canyon Pia - 110. in 20ngina:on with Ron Radtke. Green Es, aentiale M9m0a1 ill.; has appli4d to Rho Planning Commission, Garfield County. S1ata of Colorado, N 'squeal approval of a Land Usa Change Permit, IAalor Impact Review 1File Number MIPA-76431. for an Optional Premises Cult -Walton Operation locat- ed within the County of Garlield. Steno aI Colorado. to -wit Rad Canvas Plan LLC Legal Do4criptton PARCEL A; A TRACT OF LAND SITUATE IN SOUTHWEST 114 NORTHWEST 114. SECTION 26. TOWNSHIP 5 SOUTH , RANCE 69 WEST OF THE 6TH PRIN- CIPAL MERIDIAN , DESCRIBED AS FOLLOWS: BEGINNING ATA POINT ON THE NORTHEAST- ERLY RIGHT OF WAY LINE OF STATE 111014 WAY N0. 82 WHENCE THE WEST QUARTER CORNER OF SAID SECTION 26 SEARS SOUTH 27" 04' WEST 725 .69 FEET. THENCE NORTH 68` 59'40' WEST 327.27 77E7; THENCE SOUTH 17" 05'30' WEST 82.63 FEET; THENCE SOUTH 6b' 59'40' WEST 255.56 FEET TOA POINT ON THE NORTH EASTERLY RIGHT OF WAY LINE OF SAID HIGHWAY: THENCE NORTH 26" 45' WEST 36,57 FEET ALONG SAID RIGHT 0r WAY LINE. THENCE NORTH 49" 56'30' WEST 32.69 FEET ALONG SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING. PARCEL B. A TRACT OF LAND IN THE SOUTHWEST 114 OF THE NORTHWEST 1.4 OF SECTION 26, TOWN - SRI P 6 SOUTH . RANGE 89 WEST OF THE 6TH PRINCIPAL MERIDIAN FURTHER 0450618E0 AS FOLLOWS BEGINNING AT A POINT ON THE SOUTH SIDE LINE OF SAID SOUTHWEST 114 NORTHWEST 1/4 SECTION 28 WHENCE THE WEST 114 CORNER OF SAID SECTION 26 8EAR5 NORTH 66" 52'30' WEST 44 1.74 FEET. THENCE SOUTH 66' 52'30" EAST 080.06 FEET ALONG SAID SOUTH 510E LINE OF SAID SOUTHWEST 174 NORTHWEST 114 SECTION 26 TO THE SOUTH- EAST CORNER OF SAID SOUTHWEST 114 NORTHWEST 114 SECTION 26, THENCE NORTH 01' 37' WEST 1022.97 FEET ALONG THE EAST SIDE LINE OF SAID SOUTH- WEST 174 NOH1HWE5T 114 SECTION 26 TOA POINT ON THE CENTERLINE OF THE RED CANYON ROAD; THENCE SOUTH 68:59140' WEST 541.91 FEET TO A POINT ON THE CENTERLINE OF THE GLEN WO00 DITCH ROW: THENCE ALONG A FENCE SOUTH 17" 06'30' WEST 62.53 FEET TO A FENCE CORNER . THENCE ALONG *FENCE SOUTH 68. 5840" WEST 255 .55 FEET TO A POINT ON THE ROW OF HIGHWAY 82 THENCE ALONG A FENCE SOUTH 4 1° 5216' EAST 40.49 FEET. THENCE ALONG A FENCE SOUTH 34" 27'37' WEST 20.32 FEET THENCE ALONG A FENCE SOUTH 33° 04'56' EAST 46.02 FEET, THENCE ALONG A FENCE NORTH 67' 13' EAST 155.98 FEET TOA POINT ON THE WESTERLY ROW LINE OF THE GLENWOOD DITCH, THENCE ALONG SAID ROW LINE SOUTH 34" 1815. WEST 37.90 FEET; THENCE ALONG SAID ROW LINE SOUTH 10" 33' WEST 336.84 FEET TOA POINT 06 THE EASTERLY FENCED RIGHT OF WAY OF THE RED CANYON ROAD; THENCE ALONG SAID FENCE SOUTH 39.43'09' EAST 50.1? FEET THENCE ALONG SAID FENCE SOUTH 24. 17'17' 7457 193.65 FEET MORE 09 LESS. TO THE POINT OF BE GMIN110 , EXCEPTING FROM PARCEL 8 A86VE THOSE PARCELS CONVEYED BY DEED RECOROEO NOVEMBER 23 1577 IN BOOK 503 AT PAGE 64 AS RECEPTION NO. 281969 . AND RECORDED JANUARY 4 . 1978 IN BOOK 504 A7 PAGE 513 AS RECEPTION NO 282884 COUNTY OF GARFIELD . STATE OF COLORADO Page 2 of 3 Psa0lM:aL.Q Leghlo 199: The oda is located 913768 Highway 82. a print,ately 1 mita south Of the City of Glenwood Springs On the east side of Highway 82 adjacent to County Road 115. The sits is also known by Assessor's Parcel No. 2185.282-00.506. glpuk[l4 the Applicauon requests Major Impact Review approval for an Optional Premises Cultivation Operation for One growing or cult valmn oi' UM:heal Marl uane Mr the purpose el Supplying its associated licensed center. The Application includes an initial leased Operalron m a portion 01 the building located at 3766 Highway 82 with the potential for future expansion to include additional apace0 Or the enema square tOetagra of the building Cr available property as described herein. The 0091811 property sate IS approximately 3,97 acres and the building i4 approximately 17,6340 square Peet on Iwo floors. The properly is zoned Commer- cial Limited ICL1. The Applicant's representatives aro H41 Mimosa and Hon Radars. All persons affected by the proposed use are invited ito appear and 61.910 their views, protests or Support 11 you cannot appear persorally at such hearing, then you are urged to stateyour news by letter, as the Planning Commission will give con- sideration to the comments of surrounding property mama's, and others attracted, in deciding whathar 10 approve, approve with conditions or deny the application low a Land Use Change P0rmd. The application may be reviewed e1 the office of the Community Develspment Department located al 108 lith Street, Suite 401. Garfield County Plaza Building, Glenwood Springs. C:alorada. 81601 between the hours of 8:30 a.m, and 5'00 p,m, Monday through Friday. A public hearing on the application hes been 141844141 for the 6111 day of January, 2014 at 1:00 p.m. and Will be held in the County Commissioner's Meiling Room, Gxrlinld Count, Plot:' 1.4414ing. 106 81h Sheet, Glenwood Springs, Colorado, 81601. 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Loililicailft fait 1rr 41 ,*60,44.1 4„ti.a, fos 1160 x,+.4'1` . U CkLbtigiratart rteViklawl lai PenenOV M4,Outnitfir—""t to twits 1,4 'IRMO rb - X41.. Or 41OL_ C144 t Da* IhigPat r — Per 041111~41-011 1010 14-motoreed 1411040114k CO PAPP ._410,4051pilL 4.0 EXHIBIT BOCC 1/6/14 File No. MIPA-7643 GH PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT — PROPERTY OWNER ASSESSOR'S PARCEL # PROPERTY SIZE LOCATION ACCESS Major Impact Review for an Optional Premises Cultivation Operation (Medical Marijuana) Bill Inverso, Red Canyon Plaza LLC, in conjunction with Ron Radtke, Green Essentials Medical LLC 2185-262-00-008 The site is 3.97 acres in size. The site is located at 3768 Highway 82, approximately 1 mile south of the City of Glenwood Springs on the east side of Highway 82. The facility is accessed off of County Road 115 with a secondary access off of an adjacent private driveway. EXISTING ZONING The property is zoned Commercial Limited I. GENERAL PROJECT DESCRIPTION The Application requests Major Impact Review approval for an Optional Premises Cultivation Operation for the growing or cultivation of Medical Marijuana for the purpose of supplying its associated licensed center. The Application includes an initial leased operation in a portion of the building located at 3768 Highway 82 with the potential for future expansion to include additional spaces or the entire square footage of the building. The overall property size is approximately 3.97 acres and the building is approximately 17,640 square feet on two floors. The property is zoned Commercial Limited (CL). BACKGROUND The building was constructed in 2001 with a Certificate of Occupancy issued on 9/28/01. It replaced a previous building on the site that was destroyed by fire several years earlier (1999). The building has been occupied by several businesses and recently was the office site for an Engineering/Design Firm. Current tenants include an 1 automobile repair shop, a retail hardware store, offices, and the growing operation. The owner has clarified that one office has private bathroom and shower facilities but is not used for residential occupancy. A single family residence and several sheds/shops are located toward the rear of the site behind the commercial building and are occupied by the owner. The existing uses are generally allowed as permitted uses on the property while the Optional Premises Grow Operation requires a Major Impact' Review. EXISTING IMPROVEMENTS The existing building is constructed with a metal exterior finish and is two stories in elevation. It is approximately 25 feet in height. It is served with domestic water from a private well system that includes a 30,000 gallon storage tank. The storage also serves the fire protection sprinkler system within the building. The building is served with an onsite waste water treatment system. The system also serves the single family residence and includes two holding tanks and a leach field located adjacent to the front of the building. Areas outside of the building include paved parking with drainage, 2 existing vegetation, landscaping, a pump house and dry hydrant stand pipe for emergency access to fire fighting water. COUNTY ROAD 115 ACCESS The property is served by two points of access. The primary access is off of County Road 115 with a second access via a private drive on the north side of the building. A significant drainage swale runs along the northerly property line and contains storm water drainage from the site and from the Red Canyon drainage. CULTIVATION OPERATION The current growing operation utilizes 6,329 sq.ft. of the building and has approximately 4 employees. The floor plan includes some office space but is primarily devoted to cultivation operations. The facility operates on a portion of the first and second floors. Several rooms with different purposes are utilized including grow areas for different size plants, a harvesting/cutting room, areas for preparation of plant food, and curing and final product storage. The facility is an organic grow operation so there are no chemical storage areas for pesticides or chemical fertilizers. Plants are irrigated and organically fertilized by hand. Various types of lighting are utilized depending on 3 the stage of plant development. The only waste product is portions of the stems that are not utilized and which are disposed of in accordance with State Regulations. The operation is fully licensed and regulated through the State of Colorado. The facility is technically a new location for the business as it was relocated from an adjacent property also in the Red Canyon County Road 115 area. The application for Major Impact Review approval is intended to bring the use into compliance with the County's land use regulations. SITE PLAN .n n grotto., 1 ,,. $— ; j - ,Per -----k_ — ... Site titan--=== - r The Applicant has long range plans for expansion at the site which may include the entire building. The Application requests approval for the existing use and approval for possible future expansion into the entire building. The expansion would utilize the entire 16,589 sq.ft. of the building (less approximately 1,159 sq.ft. of common area). The expansion would increase the estimated employees for the growing operation by 5 to a total of 9 employees. 4 P\ OI FLOOR PLAN MT/ =MOW. 77071177 Ga1W 17 711, uwpaselK -n =fi iw 174.4. 0 71777770.. x�1 2* 01077c47717.6Ea -744.1414 747 49-0, Pmesr _ Lower r liccr 4 4' 4447.7444 1 7.4 4 MY, 6.444C 41, 11 . R� u iOT z rll+w•. 4—+41 ercund Ilt:t;� II. SITE DESCRIPTION The site is currently developed with the existing commercial building, access driveways, paved parking and related infrastructure. The site slopes moderately up to the east within the developed portion of the site and then more steeply to the east beyond the improvements and structures. Slopes on the lower portion of the site are addressed through site grading and some retaining walls associated with the original construction of the building. No outside changes to the structure or to the site layout are proposed as part of the Application. The property has a variety of vegetation and trees primarily located primarily along the perimeter of the property. The single family home has a yard area and landscaping typical for a residential structure. The upper portion of the site remains primarily undisturbed with limited native vegetation. 5 ' AERIAL PHOTOGRAPH Applicant's Site 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. The Applicant has provided proof of notice (publication, mailing, and posting) with copies included in the Board's packet as Exhibits. 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: • Noted that no site construction is planned and all improvements and utilities are to remain. No comments were warranted. 2. Garfield County Road and Bridge Department: Provided comments regarding the following existing conditions: • Drainage concerns adjacent to County Road 115. • Access driveway standards. • Parking capacity and use of the County Road for truck parking. 6 3. Garfield County Vegetation Manager, Steve Anthony: Indicated that he had no comments on the Application. 4. Colorado Division of Water Resources: Provided comments indicating there were issues with the well permit serving the building. The comments indicate that the Applicant needs to submit a well permit application to the Division for a new well permit based on contracts with the Basalt Water Conservancy District and allowing for the current and proposed uses. They did not support approval of the land use change until water supply issues are addressed. 5. Basalt Water Conservation District: Provided comments through their Law Firm Balcomb and Green PC as summarized below: • Provided a history of their documents associated with the property including an allotment Contract #316 approved in June of 1998 to expand the legal use of the well beyond a single family residence. • Noted the need for the contract and well permit to be updated to allow for the proposed irrigation and cultivation uses. 6. Glenwood Springs Fire Department: Submitted comments, past correspondence, and requirements for the Building. Key topics are summarized below: • Need to bring the entire building up to current fire code standards and address past outstanding issues. • Sprinkler requirements and accessibility to the dry hydrant (not to be blocked) • One hour fire separation between floors, fire alarm upgrades, knox box, fire rated enclosure for the mechanical room, sprinkler system review. 7. Other agencies that did not submit comments include: (a) the Colorado Department of Public Health and Environment; (b) XCEL Energy; (c) CDOT; (d) Garfield County Environmental Health; (e) City of Glenwood Springs; and (f) Colorado Department of Revenue Medical Marijuana Licensing. 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 VII, Divisions 1, 2, and 3, including Section 7-903, Optional Premises Cultivation Operation Standards. The Application materials include an Impact Analysis and related consultant reports, technical studies, and plans. 7-101 — 103: Zone District Regulations, Comprehensive Plan & Compatibility • The proposed use demonstrates compliance with the Zone District Dimensional requirements (Table 3-201) contained in the Land Use and Development Code for 7 the Commercial Limited Zone District. Compliance includes applicable setbacks, building height, floor area ratio and lot coverage. • The Comprehensive Plan 2030 designates the site as a Rural Employment Center, a future land use of Commercial, and within the City of Glenwood Springs Area of Influence. • Excerpts from the Comprehensive Plan text and Future Land Use Map are outlined below and support a finding that the proposal is in general conformance with the Garfield County Comprehensive Plan 2030. Chapter 2 Future Land Use Rural Employment Center: Small areas adjacent to major roadways that allow Tight industrial, manufacturing, equipment storage, and incidental retail sales. This designation also includes residential uses for employees of the business on the property, such as live/work housing. Commercial: Commercial intended to serve a regional market Chapter 3 — Section 1: Urban growth and intergovernmental Coordination Goals #2: Ensure that county land use policies and development approvals are compatible with the existing zoning and future land use objectives of the appropriate municipality Chapter 3 — Section 4: Economics, Employment, Tourism Vision: The County has encouraged economic opportunity and diversity to develop in strategic locations by designating a variety of areas as employment and commerce centers.... • The Application has also provided information and mapping of surrounding property owners and land uses. In the immediate proximity to the site most properties are also zoned Commercial Limited and have commercial uses. The surrounding area includes a large variety of commercial, office/government, church, residential (including mobile home park) and opens space or public land uses. • When the overall character of the area is considered it is noted that the site is bordered by commercial business activities and reflects a commercial type of building style, level of activity, parking, and traffic. The issue of compatibility is also addressed under specific standards for Optional Premises Cultivation Operations (Section 7-903). 8 COMPREHENSIVE PLAN - FUTURE LAND USE MAP Applicant's Site • The City of Glenwood Springs Future Land Use Mapping shows the site as Mixed Use on the lower developed portion of the site and shows it as outside the Urban Growth Area on the upper undeveloped portion of the site. The upper section also is shown with a Hillside Preservation designation. 7-104 & 105: Source of Water & Waste Water Systems The building has existing domestic and fire protection water served by a private well, The building is also served by an existing onsite waste water disposal system. The building was issued a Certificate of Occupancy in 2001 based on the existing water and sanitation facilities. No changes to the existing systems are proposed and the Applicant has represented that domestic water demand and septic usage has reduced with changes to the tenants in the building including the establishment of the growing operation. Based on Land Use and Development Code Requirements the Applicant has provided background information on both the existing systems and requested a waiver from requirements for additional submittals and testing. 9 Staff notes that the production of the well in previous pump tests was 30 gpm and the Applicant has installed the existing 30,000 gallon storage tank. However, based on the proposed uses in the building, occupancy by employees and the public, and the fire suppression needs, the Applicant should: a) Complete standard water quality testing and a 4 hour water pump test; b) Provide a qualified professional's opinion on the adequacy of the well to serve the proposed uses and maintain required fire protection levels in the water storage tank; and c) Provide verification that the on-site waste water system (septic system) was properly sized for the current and proposed uses. The Planning Commission recommendation also included an addition to the condition related to potable water that should the occupancy of the building reach 25 people the Applicant will need to comply with CDPHE water system requirements for the increased number of individuals using the system. This is a standard State requirement for larger systems. The current estimate of individuals using the system is 10 employees plus the owner's single family residential use. The Applicant has represented that they will resolve any well permitting (Division of Water Resources) and Basalt Water Conservancy issues and have their Attorney working on the proper filings and permitting. Supplemental submittals (see attached exhibits) have been provided and outline corrective steps being taken by the Applicant including a copy of the amended well permit application. Updated permits and contracts will need to include the proposed indoor irrigation (including potential expansion). The Applicant is in the process of developing an interim temporary plan for irrigation water to be hauled to the site. (See Supplemental Staff comments on water) 7-106: Public Utilities All public utilities are existing with no changes proposed. Xcel Energy did not respond to the County's request for referral comments. 7-107: Access & Roadways All access to the site is existing and no changes are proposed as part of the Application. Road and Bridge comments have noted several concerns related to drainage and access driveway grade. Follow-up meetings with Road and Bridge have identified the following conditions for consideration: a) Installation of no parking signs and restrictions along County Road 115; (b) improved maintenance of the drainage ditch along County Road 115 (removal of vegetation/debris); and (c) clearing of vegetation to improve sight distances at both access points. 7-108: Natural Hazards The proposed use does not result in any changes to the exterior of the existing structure or existing site plan. As a result no change to the current condition of the building relative to natural hazards is proposed. The Applicant has provided 10 documentation of professional soils analysis and foundation recommendations. The Building was issued building permits and a certificate of occupancy by the Garfield County Building Department in 2001. (also see Section 7-207). 7-109: Fire Protection The existing building has been constructed with a fire suppression sprinkler system as required by the applicable Building Code and Fire Code provisions. Said system shall be properly maintained and operational to serve the building. Pursuant to the Glenwood Springs Fire Department referral comments additional improvements to meet the District's concerns shall be required. 7-201: Agricultural Lands & 7-202: Wildlife Habitat Areas Based on the developed condition of the site no impacts on agricultural lands or wildlife habitat were noted in the Application or anticipated by Staffs review. 7-203: Protection of Water Bodies No water bodies or streams are located in the immediate vicinity of the site. No impacts are anticipated. 7-204: Drainage and Erosion (Stormwater) The Applicant's submittals contain a waiver request for a grading and drainage plan and provide general information on the drainage associated with the existing building and site plan. No changes are proposed. The Storm Water Drainage is currently discharged into drainage swales adjacent to the north and west property lines. No changes to the site plan or increases in impervious surface are proposed by the Applicant. 7-205: Environmental Qualit The Applicant has implemented a comprehensive air filtration system to address potential odors from the operation. No other air quality issues are anticipated from the growing of plants. No water quality issues are anticipated and the Applicant's organic operations further support that no environmental issues are anticipated from the operation. There are no liquid waste products associated with the operation as water is used for irrigation and feeding. 7-206: Wildfire Hazards The facility is located in a commercially developed portion of the county and is shown on the County's GIS Wildfire Hazard Mapping (see attached) with a low wildfire hazard 11 designation. Compliance with Fire District recommendations will be required and the Applicants current water storage capacity, dry hydrant access, and type of construction (metal roof and metal siding) further address wild fire concerns. 7-207: Natural and Geologic Hazards A geologic hazard review was not required at the time of the original building permit application and construction of the existing building. The proposed use does not result in any changes to the exterior of the existing structure or existing site plan. As a result no change or expansion to the current condition of the building relative to any hazards is anticipated. The Applicant has provided documentation of professional soils analysis and foundation recommendations. Excerpts from the Garfield County GIS Geologic Hazards Mapping show the site in moderate areas for both soils constraints and slope hazards (see attached). Mapping for Surficial Hazards (fan, mud flow etc.) does no shown constraints on the site. The Building location is below County Road 115 and several other properties. Steeper slopes are located above the County Road. 7-208: Reclamation The property is a developed site with no plans for removal of the building or other improvements. 7-301 & 302: Compatible Design, Parking, and Loading The Application submittals demonstrate code compliance for off-street parking and loading requirements based on the general classification of the cultivation operation under a manufacturing type use. The number of employees is consistent with the off- street parking requirements. The building design is generally consistent with other commercial buildings in the vicinity of the site. It is centrally located on the lot and meets all setback requirements. There is easy access from parking to the building and concrete walkways adjacent to the building are provided for pedestrians. 7-303: Landscaping The Applicant has requested waivers from the landscaping submittal requirements and from the landscaping standards section (7-303). The waivers were considered in Tight of the type of uses within the building, the character of surrounding commercial properties and the existing trees and vegetation along the perimeter of the property. The Planning Commission's recommendation did not endorse a waiver from the Landscaping Standards and includes a condition requiring compliance with the Landscaping Standards contained in Section 7-303. The primary steps toward 12 compliance will include updated the site plan with designated planting strips along the perimeter of the parking areas, establishment of clear vision areas at access points, and any new plantings will be required to meet the minimum size standards. 7-304: Lighting No changes are proposed to the existing lighting. Any future lighting installations shall comply with the Code requirements for lighting to be shielded, down directed and oriented toward the interior of the site. Exceptions for lighting required by the Building Code are to be permitted. 7-305: Snow Storage The Applicant has designed code compliant areas for snow storage on their site plan adjacent to the parking areas in open space areas and drainage swales along the perimeter of the site. The drainage plan should be updated to shown snow storage areas on the Applicant's property and not the County Road right-of-way. 7-306: Trails No trail improvements exist or are planned to serve commercial site. 7-903: Optional Premises Cultivation Operation Standards A. The Application is in compliance with no signs for the operation. B. The Application proposes and the current operation has in place a series of air filtration and odor removal systems including air filtering, carbon filters and ozone odor removal systems. Proper operation and maintenance of the odor mitigation shall be required. Should future compliance with this condition become an issue the Applicant shall be required to provide additional odor mitigation to maintain compliance with the Odor Standard which indicates the Operation "shall not produce adverse or noxious odors that can be detected outside of the licensed premises..." C. The Applicant's operation demonstrates compliance with the limitations on visual impacts including location entirely within a building, with no visibility of the use, and black out covering on windows to prevent nighttime leakage of lighting. The Applicant is currently licensed with the State with security and monitoring systems in place. D. The location is in compliance with separation requirements (1000 ft.) with the exception of the Holy Cross Electric Public Building located across Highway 82 from the site. A waiver request from this standard along with justification and criteria discussions are included in the Application submittal. Measured in accordance with Section 7-903(D) the facility is 1038 ft. from the nearest place of worship and 306 ft. from the Holy Cross Office Building. The measurement is taken from the neighboring use's property line to the nearest point in the building in which the proposed cultivation facility is located. 13 E. No on site use of Medical Marijuana or alcohol is allowed or proposed. F. The Applicant has demonstrated that they are currently in compliance with all required State Licensing. G. The State's on-site notice sign is posted in the facility. H. Compliance with all other State and local Building Codes, laws and regulations is being required. V. SUPPLEMENTAL SUBMITTALS AND ADDITIONAL STAFF ANALYSIS Water 1. Staff has requested that the Applicant provide a detailed response to the referral comments from the Division of Water Resources and Basalt Water Conservancy District addressing the legal status of the water supply for the building. The Applicant has provided a response from Resource Engineering Inc. which outlines the initial steps toward resolving the issue and provides additional water use estimates. The Applicant has also provided a copy of the amended well permit application that includes commercial use of water from the well in addition to original residential uses. Conditions of approval to require additional documentation of compliance and completion of required updating of the Applicant's well permit continue to be warranted. Due to potential complications related to obtaining augmentation water contracts and to address the current status of the well permit, the Applicant is also preparing an interim plan for temporary hauling of irrigation water to serve the grow operation. (See attached Applicant Memo dated 12/21/13). A suggested edit to the recommended condition related to the water supply plan is provided in the staff recommendation to address the potential use of other sources of augmentation water (i.e. other conservation districts or reservoirs). Mixed Use Building 2. The Garfield County Land Use and Development Code allows mixed use properties and buildings so long as the uses are all permitted by right or approved through a Land Use Change Permit Process. Based on the existing residential use at the rear of the property any additional residential uses on the site would require land use change permitting (i.e. accessory dwelling unit). The Applicant has provided clarification (see attached memo dated 11/12/13) that the area on the second floor of the building originally labeled as an apartment is an office space with a private bathroom (including shower). No kitchen facilities are located within the office. A draft Condition #3 addressing this issue was included in the Staff Report. The Applicant's representation satisfies Condition #3. The Applicant will need to maintain compliance with the code and their representations in regard to the use of the office space. 3. The Building Department research of Building Permits for the building reconstruction does not indicate that residential uses were approved. The permits and 14 certificate of occupancy issued for the building makes mention only of "warehouse/office space" and B, R-1 and S-1 occupancies. Any residential uses would need to address building code compliance. Separation Waiver 4. A waiver from the Location Separation Requirements of Section 7-903 has been requested to allow the proposed location of the Optional Premise Cultivation Operation to be less than 1,000 ft. from the Holy Cross Electric Public Building. The waiver request is generally consistent with the criteria contained in Section 4-118 based on the following: a. The uses are separated by Highway 82, a four lane state highway with high speeds and high traffic volumes. The highway creates a significant separation and buffer between the uses that achieves the intent of the subject standard. b. With the highway buffer the impacts of the proposed use are significantly reduced and would generally not create any greater impacts than if the specific separation standard was required. Organic Operation 5. The Application has been reviewed based on its operation as an `"organic" grow operation. Future changes to the operation inconsistent with the Applicant's organic representations (i.e. use of chemical fertilizers, pest control etc.) would require an application for a modification to the Land Use Change Permit. VI. SUGGESTED FINDINGS The Planning Commission at their 11/13/13 public hearing endorsed findings generally consistent with those outlined below. Their findings including deletion of the waiver finding regarding the Landscaping Standards, Section 7-303. The suggested findings have been edited to reflect consideration by the Board of County Commissioners and include the Planning Commission's changes. 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Land Use Change Permit for an Optional Premises Cultivation Operation (Medical Marijuana) for Bill Inverso, Red Canyon Plaza LLC, in conjunction with Ron Radtke, Green Essentials 15 Medical LLC 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 adoptions of conditions and granting of a waiver from the Location Separation Requirement, Section 7-903(D), the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. VII. CONDITIONS The Planning Commission at their 11/13113 public hearing passed a motion recommending approval of the Major Impact Review Land Use Change Permit for an Optional Premises Cultivation Operation by a vote of 6 — 1 with the following recommended conditions of approval (Planning Commission edits to the Staff report are highlighted in yellow). Satisfaction of Conditions #1 - #9 as drafted would be required prior to the issuance of the land use change permit. 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 Medical Marijuana Optional Premises Cultivation Operation shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. Prior to consideration of this Application by the Board of County Commissioners, the Applicant shall apply for all County Approvals including land use change permits and building permits for the existing residential occupancy in the Building or at the Applicant's discretion the residential use can be discontinued. Staff note: Condition #3 as written has been satisfied by the Applicant's confirmation that there is no residential dwelling unit within the building, It can be deleted at the discretion of the Board or replaced with the following standard compliance language. The Applicant shall maintain compliance with their representations dated 11/12/13 that there are no residential dwelling units within the building and shall comply with the Land Use and Development Code in regard to any future requests related to residential uses within the building. 4. Prior to issuance of the Land Use Change Permit the Applicant shall provide documentation to the satisfaction of the County Attorney's Office and the Division of Water Resources that the well permit and contracts with the Basalt Water Conservancy District have been updated to establish the Applicant's legal rights to utilize the existing well for the proposed uses including indoor irrigation. 16 Staff note — the following edit to Condition #4 is recommended to address the potential use of additional Water Conservancy Districts for augmentation water: Prior to issuance of the Land Use Change Permit the Applicant shall provide documentation that the well permit and contracts with the appropriate water conservancy districts are in place or have been updated to establish the Applicant's legal rights to utilize the existing well for the proposed uses including indoor irrigation. 5. Prior to the issuance of the Land Use Change Permit the Applicant shall provide the results of a 4 hour pump test along with the opinion from a qualified professional that the well and associated water storage is adequate to supply the proposed use including indoor irrigation for the existing operation and any future expansion to occupy the entire building. 6. Prior to the issuance of the Land Use Change Permit the Applicant shall provide a water quality test demonstrating that the water quality from the Applicant's well meets the Colorado Department of Public Health and Environment standards for the contaminants listed in Section 4-203(M)(b)(5)(c) of the Land Use and Development Code or if necessary provide a treatment plan to meet the standards. The Applicant will need to meet the CDPHE requirements for the water system, should the employee number reach 25. 7. Prior to the issuance of the Land Use Change Permit the Applicant shall provide additional documentation demonstrating that the existing Onsite Waste Water Treatment System is properly sized for the existing uses and proposed expansion of the cultivation operation in the Building. 8. Prior to the issuance of the Land Use Change Permit the Applicant shall complete any required improvements or remodelling in order to comply with the Fire District recommendations and bring the Building up to meet the Fire Code. The existing sprinkler system and related water storage shall be maintained and kept operational as a condition of this approval. 9. Prior to issuance of the Land Use Change Permit the Applicant shall complete all required improvements or remodeling in order to comply with all Building Code Requirements. All expansions of the cultivation operation within the building shall require review by the Building Department and issuance of building permits for the tenant finishes associated with said expansion. As part of said review the Applicant shall document for review by the Building Department information demonstrating that the building can structurally support the current cultivation operation and any future expansions to include the entire building. 10. The Applicant shall maintain the existing drainage pattern on the site including periodic cleaning of drainage swales at the perimeter of the site. 17 11. The Applicant shall maintain existing parking, snow storage, and traffic circulation patterns for the site. Parking and access areas shall be kept available for their designated uses including the following conditions: a. No parking on the adjacent County Road is to be permitted and signs shall be installed in coordination with the County Road and Bridge Department. b. The Applicant shall implement improved maintenance of the drainage ditch adjacent to County Road 115 in coordination with the Road and Bridge Department. c. Vegetation adjacent to the two access points shall be wed removed to provide adequate sight distances per Road and Bridge standards. d. The landlord shall establish limits on the parking of stored or inoperable vehicles to ensure that adequate parking is available for other uses. e. Future tenants shall be required to demonstrate compliance with off-street parking standards and calculations contained in the Application. f. The driveway serving the dry hydrant fire department connection and the water pump house shall remain open and accessible. The driveway shall be striped to ensure fire access with no parking or trash container conflicts. g. The Applicant's drainage plan shall be updated to shown code compliant snow storage areas on the site and not within the County Road right-of-way. 12. Any future changes to lighting on the site or building shall comply with the County Standards for down directed, fully shielded lights that are oriented inward toward the center of the site. Exceptions for lighting required by the Building Code are to be permitted. 13. A waiver from the Location Separation Requirements of Section 7-903 is granted to allow the proposed location of the Optional Premise Cultivation Operation to be in less than 1,000 ft. from the Holy Cross Electric Public Building based on compliance with the waiver criteria contained in Section 4-118. Ongoing compliance with all other Section 7-903 Standards for Optional Premises Cultivation Operation shall be required. Should future compliance issues be raised the County may require additional mitigation including but not limited to additional air filtration and odor mitigation. Any future expansion of the cultivation operation shall include air filtration and odor removal systems consistent with the Application submittals serving all portions of the expanded operation. 14. The Applicant shall maintain compliance with all State Licensing Requirements and any conditions contained therein. 15. The cultivation operation shall maintain compliance with all OSHA and CDPHE safety requirements including but not limited to indoor air quality and ventilation for employee safety. 16. Landscaping is required to meet Section 7-303 of the Code. 18 VIII. BOARD OF COUNTY COMMISSIONERS ACTION Pursuant to the Garfield County Land Use and Development Code the Board has the option to approve, approve with conditions, or deny the Application. Staff has provided two options for consideration by the Board addressing edits to the Condition #3 (residential occupancy) and Condition # 4 (water supply plan — water hauling for irrigation) The conditions recommended by the Planning Commission and the draft findings noted in Section VI would implement a conditional approval including a waiver from the Location Separation Requirement, Section 7-903(D). 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M G . ca ; , : (J) O sp,• �'�¢,', u .O v G O.�.a4-, 0�v �� 0 �• O CI) Ga+;(tO,-� cam ., bA v 0 0. i .4'. 5 +3, v ;'v 0.4 C.) ..,xv r,a \ Q.,a te r,a o, -,u4- a, O :,U uOOa,a, CA -— v;', cvi� O aO+ �� O p v u -+ . r r cn N 4, �' p ``'' u p rTi ip u 0 CI, 00 E ca cn o ?✓c,2,.- ci)cn 0 pu s0, cin 3- October 28, 2013 Mr. Glenn Hartmann Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Inverso/Red Canyon Plaza LLC: MIPA-7643 Dear Glenn: MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design EXHIBIT This office has performed a review of the documents provided for the Major Impact Review and Land Use Change Application for the Inverso/Red Canyon Plaza, LLC. The submittal was found to be thorough and well organized. The following comment was generated: • The application materials state that no proposed site construction is planned. All existing improvements, utility connections, and construction are to remain. Similarly, existing well and sewer connection are permitted and are to remain. Therefore no comments to improvements seem to be warranted. Feel free to call if you have any questions or comments. Sincerely, Mountjn Cross Enginelering, Inc. Chris Hale, PE 826 'r2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincrass-eng.com Glenn Hartmann From: Michael Prehm Sent: Wednesday, October 09, 2013 3:54 PM To: Glenn Hartmann Subject: Inverso/Red canyon Plaza LLC Glenn, EXHIBIT In reviewing the Land Use Change Permit Application and doing a site visit I have a couple of concerns. 1) Drainage from property East of building as shown in tab 5, drawing A2 drains directly onto County Road 115. This drainage can become a safety issue to the traveling public. The drainage pipe that exits to the west of the driveway does run water. This water has not been an issue in the past but does keep the shoulder saturated. 2) Driveway to property off of County Road 115 does not meet Road & Bridge Standards. As per Resolution #81-113 #17, it reads "The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to no more than 10%". 3) Parking seems to be an issue. I have done business with Fastenal, a few times I've parked behind someone while in the store. Noticed Fastenal uses the shoulder of County Road 115 to park it trucks on. Parking along County Road 115 limits snow removal in winter also a safety concern of hitting the vehicle, limits visibility of a pedestrian or bicyclers and cars turning right out of driveway swing further out into roadway. I am not sure how items 1 & 3 can be remedied, item 2 would be a major undertaking that would compound concern 3. I am ok with leave it as is, but if any physical changes are to be done to property, these items need to be addressed.. If you have 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 11E:a Garfield County Vegetation Management October 29, 2013 Glenn Hartmann Garfield County Community Development RE: InversolRed Canyon MIPA 7463 Dear Glenn, 1 have no comments on this one. 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 EXHIBIT 11 Glenn Hartmann From: Franco - DNR, Ivan [ivan.franco@state.cc.usl Sent: Tuesday, October 22, 2013 9:55 AM To: Glenn Hartmann Cc: Bill Blakeslee - DNR; Alan Martellaro - DNR; Megan Sullivan - DNR Subject: InversofRed Canyon Plaza Referral Mr, Hartmann, EXHIBIT IZ This office has reviewed the referral request for Inversol Red Canyon Plaza LLC & green Essentials Medical LLC optional Premises Cultivation Operation. The applicant requests a change in type of use for an existing lot. Specifically, the applicant proposes to cultivate medical marijuana on the site using water from the well with Permit No. 86080. It is unclear if there will will be any outside irrigation taking place on the property. The existing well claimed to exist on the site is believed to have Permit No. 86080. The permit was issued on September 8, 1976 for use in one single family dwelling for household uses only and no irrigation. Records indicate that the well was constructed on March 19, 1977. Permit No. 86080 does not allow for any additional use of the well above and beyond ordinary household use. The proposed use by the applicant does not meet the standard of ordinary household use and would be considered out of compliance with the existing permit. The applicant has sited in their application that the well is part of the Basalt Water Conservancy District and implies that they have contracted with said district for additional uses from this well. While this may be the case, the applicant has not applied and received a new well permit from this office. The applicant should submit a well permit application describing the new non-exempt (commercial) uses proposed on the site. Please note that we cannot guarantee the issuance of a a well permit for the intended uses until an aRlication has been submitted and we have completed our evaluation. At this time this office cannot approve the proposed land use change until such time as the water supply issues are addressed. If you have any questions or concerns please contact me at this office. Sincerely, Ivan Franco, E.I.T. Water Resources Engineer Colorado Division of Water Resources 1313 Sherman St, Room 818 Denver, Co 80203 (303) 86€-3581 1 BALCOMB & GREEN, Pc A FULL SERVICE LAW FIRM SINCE 1953 October 23, 2013 Via LLS. Mail and Email Glenn Hartmann Garfield County Community Development Dept. 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 ghartmann{ar garfield-county.corn EXHIBIT I 13 Christopher L. Geiger Direct Dia! (970) 928-3463 Receptionist (970) 945-6546 chrisg@balcombgreen.com Re: MIPA-7643; InversolRedCanyon Plaza, LLC & Green Essentials Medical, LLC Optional Premises Cultivation Operation Dear Mr. Hartmann: We are general counsel for the Basalt Water Conservancy District. Thank you for your October 7th referral request regarding this application. The comments provided on behalf of our client relate solely to the issue of the legal water supply associated with this property as it pertains to this application, and do not extend to any other issues related to the County's Comprehensive Land Use Code. Our client's comments, in this regard, are limited to materials contained in Tab 10 of the application. The District operates a comprehensive water supply plan to provide thousands of Roaring Fork Valley residents with dependable legal water supplies. The District's water rights are used to benefit its contractees by allowing them to continue to divert water at their wells or other structures in times of shortage when their use would otherwise be curtailed by senior water rights. The aquifer in which the subject well is apparently located, however, is not controlled by the District and the District provides no assurance regarding physical supply at any structure, including volume or quality. The District obtained a water court decree in 2012 in Case No. 01CW305, which decreed a change of water rights and a plan for augmentation to cover quantified depletions from defined uses at specific points of diversion for 123 District contractees. The well structure described in Colorado Division of Water Resources' Permit 86080 is one of these structures. According to Mailing Address: Glenwood Springs Office: P.O. Drawer 790 Glenwood Springs, CO 81602 www.balcombgreen.com 818 Colorado Avenue Glenwood Springs, CO (970) 945-6546 Aspen Office: 0133 Prospector Road, Ste. 4102E Aspen, CO 81611 (970) 920-5467 s BALCOMB & GREEN, Pc A FULL SERVICE LAW FIRM SINCE 1953 Glenn Hartmann MIPA-7643; SWC© Referral October 23, 2013 Page 2 of 2 Dwight Whitehead, Division of Water Resources, Division 5 (945-5665, ext. 5011), the well in question continues to operate under and subject to well permit number 86080. The District defers to the Division of Water Resources to determine allowed uses under that permit, but I note that the permit's conditions of approval indicate the well is "approved for household use only, for one (1) single family dwelling and not to be used for irrigation." The District issued water allotment Contract 316 in June of 1998 to expand the legal use of this well beyond a single family residence. Contract 316 provides a legal water supply to support indoor uses in one single family home and also a 7,800 square foot commercial workshop. These uses were confirmed by the plan for augmentation decreed in Case No. 01CW305. Total annual diversions under contract are limited to 0.73 acre feet, with 0.11 acre feet of associated consumptive use. The contract and decreed plan for augmentation do not provide a supply for any other uses, including irrigation (indoor or outdoor) or supply for a commercial greenhouse. At present, however, the well permit does not allow for use of the water provided under Contract 316 in any event. In order to operate the well to supply the residence and workshop under the contract and decree in Case No. 01CW305, the owner must obtain an updated well permit from the Division of Water Resources that identifies these uses. In summary, the well identified in the application materials is presently not permitted to operate under Basalt Water Conservancy District Contract No. 316 for the uses confirmed in Case No. 01CW305. Contract 316 and the decree in Case No. 01CW305 do not, in any event, provide a legal water supply for diversions and depletions associated with irrigation of any kind; the legal supply is limited to inside uses within a single family home and a 7,800 square foot workshop. Please contact me if you have any questions regarding this matter. Very truly yours, BALCB GRE By; Christopher L. Geige CLG:skl Pc: BWCD Board of Directors Resource Engineering Glenn Hartmann EXHIBIT #` . From: Ron Biggers [ron.biggers@cogs.us] Sent: Monday, October 28, 2013 5:09 PM To: Glenn Hartmann Subject: Com File MIPA-7643 Attachments: 11-1-11 Inspection report letter 11-11-11.docx; 3768 Highway 82 Letter 05 29 01.pdf; GARCO File MIPA 7643 Grow Opts Coms 10-28-13.docx; RE A Schwaller on 2001 letter 4-12-10.htm Glenn, See the attachments for my comments and support materials for our request to bring the entire building up to current code standards. Several months ago l discussed these issues with Mr Radtke when he was exploring renting the building. If you have questions please contact me. Ron Biggers Deputy Fire Marshal Glenwood Springs Fire Department Fire Sprinklers Save Lives Ill 970-384-6433 Disclaimer: This email message and all attachments are for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e- mail and destroy all copies of the original message. Content cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required, please request a hard -copy version. 1 01400D spit C October 28, 2013 To: Glenn Hartmann, Garfield County Planner From: Ron Biggers, deputy Fire Marshal, Glenwood Springs Fire Department RE: Planning item file MIPA-7643, applicant Bill Inverso/Red Canyon Plaza LLC, contact ron Radtke, location 3768 Highway 82, Glenwood Springs Comments: On the space to be used for the marijuana grow operation the fire protection systems will need to brought up to current International Building Code (IBC) , International Fire Code (IFC) 2009 editions and the latest National Fire Protection Association (NFPA) Standards for this type of use. The electrical service to the building shall be evaluated and certified that it will meet the new demands or needs to be upgraded. Other building concerns/ fire and building code violations As part of this application Mr. Inverso shall bring the entire building up to current building and fire code standards because of the following ; See the attachments; Letter dated 5/29/01. As my inspection report fetter dated 11/1/11 the 2001 requirements were not done. Also to my knowledge none of the other code violations listed in my inspection letter dated 11/1/llhave been completed either accept for possibly the removal of the illegal grow operation.. A little history When Fiber Forge was in the building in the spring of 2010 there management asked me to do a walkthrough of the building. During this walkthrough I noticed the exposed second floor chip board ceiling which is the second floor flooring. After that visit f researched the file on this property and found the attached copy of the 5/29/01 letter. In April of 2010 I forwarded a copy of the construction requirements letter dated 5/29/01 to Andy Schwaller the Garfield County Head Building Official, Andy reply to me was wait and see if they would voluntarily comply to the building requirements in the letter. As of my building inspection on 11/1/11 Mr Inverso had not complied. November 11, 2011 Bill Inverso Architectural Furniture & Cabinetry 3768 Highway 82 Glenwood Springs, CO 81601 Dear Bill, Enclosed is the inspection report that we conducted on your Red Canyon Plaza building on Tuesday November 1, 2011. It covers the main violations found in the rental spaces in the building. I have included copies of the code sections that cover the main violations for your review. Presently as we discussed there are a number of serious code violations present in your building that the existing tenants may not be willing to do what is necessary to eliminate them. Other building and site fire protection requirements: 1. As we discussed the exposed chip board ceiling that is in most of the first floor spaces is required to be protected by a one hour fire barrier. I the included a copy of the letter from Bill Harding, Glenwood Springs Fire Department, to Mr. Arno, Garfield County Building Department, on May 29, 2001 it contains a couple of construction applications that can be used to obtains the fire rated barrier. Alternative fire rated materials other than those describe in the letter can be researched and possibly used if approved by the Glenwood Springs Fire Department staff and the Garfield County Head Building Official. 2. The fire alarm system shall be upgraded by adding code compliant notification and detection throughout the building. This mainly involves installing notification devices and manual pull stations because the building is sprinklered. 3. Grounds; Fire equipment access to building, fire department connections and fire pump house shall not be obstructed by storage or other items. 4. A Knox key box shall be installed on the building. This is a secured key box that only the fire department has access to. Application to order this box is obtained from the Glenwood Springs Fire Department. 5. Heating mechanical equipment shall be enclosed in a one hour fire rated enclosure. Sprinkler coverage shall also be extended into this room. 6. The design and coverage of the present sprinkler system shall be evaluated by a Colorado State licensed sprinkler contractor to determine if its design and coverage is adequate to protect the current occupancies and uses. The fire retardant treatment material I said I have is on wood that is impregnated with fire retardant in the manufacturing process so it will not work for this application. So you will need to research alternative fire proofing materials if sheet rock is not used to cover the exposed chip board ceilings. If you have questions on items in the report please contact me. Sincerely, Ronald L Biggers Deputy Fire Marshal Glenwood Springs Fire Department 970-384-6433 Page 1 of 1 From: Andy Schwaller[aschwaller@garfield-county.com] Sent: Monday, April 12, 2010 10:20 AM To: Ron Biggers Subject: RE: At this point, I would send the tenant a copy of the letter and a list of deficiencies based on your inspection. Hopefully, that would be enough to get the owner to make the corrections. l will review the file to see if there were any changes approved. Andy size=2 width="100%" align=center> From: Ron Biggers [mailto:ron.biggers@cogs.us] Sent: Monday, April 12, 2010 9:52 AM To: Andy Schwaller Subject: Andy, The attachment contains a letter which states the construction requirements for the Bill Inverso building at 3768 HWY 82, Glenwood Springs, it is the one I called you about last week after i did a walk-thru of the building at the request of the tenant. The attached letter was written on 5/29/01 by Bill Harding formerly of Glenwood Springs Fire Department to Aero Ehlers, Garfield County's Head building Official. The letter states the second floor joist are to be protected on the bottom side with gypsum board and the spaces between the joist filled with insulation. Also the sprinkler system plans state the original system is designed to Ordinary Hazard I standards and the current classification for the shop space is Ordinary Hazard II so it too may need to be improved along with the fire alarm system. At this late date does the County have a procedure to require the owner/tenant to bring the building up to compliance with the construction requirement stated in the attached letter, including the sprinkler and fire alarm upgrades? Ron Biggers Deputy Fire Marshal Glenwood Springs Fire Department Fire Sprinklers Save Lives !!! Disclaimer: This email message and all attachments are for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Content cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required, please request a hard -copy version. file://IC:lUserslghartrnann/AppData/Local/Microsoft/Windows/Temporary%20Internet%... 10/29/2013 0114oOD Sp 5-29-01 To: Arno Ehlers, Chief Building official 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 Re: Inverso Building Dear Arno, OEPARI This letter documents Fire Code Requirements for Bill Inverso's project located at 3768 Highway 82. As you are aware 1 have been working with Bob Pennington who is the design engineer for the sprinkler system. I've already submitted the blueprints of the system and my comments to you prior to this correspondence. This letter also references my previous comments for water supply requirements in a Letter written to Mr Inverso in January. Sprinkler Requirements: The requirements for the sprinkler system were stipulated in the January letter. My comments in regards to the system design are listed on the blueprints. I conducted my plan review as a Type II - i hr building which was based upon the building plan and attached plan analysis sheets I received from your office. Since then I've been informed that the intention for the construction type had meant to be a Type ffl - lhr which would allow wood construction for the second floor. After meeting with Mr. Inverso, consulting with Bob Pennington and yourself we have come to the consensus that the resultant concealed space can be dealt with as follows. Place appropriate upright sprinklers in those concealed areas which have suspended ceilings. Pendant heads are still required on the underside of the suspended ceiling. In all other areas the ceiling joists will be insulated and drywall attached. The appropriate sprinkler application, (uprights), will be installed in these locations as well. The Department will require as built sprinkler drawings at job completion to reflect on the changes along with certification from the sprinkler installer that the hydraulic test meeting NFPA 13 standards were met. These drawings will then be sent to the Colorado Division of Fire Safety to meet compliance with the State's Plan Registration requirements. The sprinkler system shall be maintained and periodically tested per NFPA 25, (Standard for the Inspection, Testing, and Maintenance of Water Based Fire Protection Systems), as adopted by our jurisdiction. Access: The southwest entry is a key access point for the fire department to take suction from the dry hydrant and attach to the fire department connection. The outbuildings which are depicted in the drawing will be removed. This access shall handle the imposed toad of Fire Apparatus and 806 COOPER AVENUE GLENWOOD SPRINGS. COLORADO 81601 970/9454942 FAX 970/945-6040 meet surface requirement of Garfield County. It's imperative that no parking is allowed which would block our access to the hydrant and the room needed to conduct our operations. This access should be signed as a Fire Lane meeting compliance with Article 901.4.2 of the Uniform Fire Code. We will work with Mr. Inverso on a sign plan which will meet department approval. The north entry is acceptable and will provide alternative access. Alarm Requirements: As referenced in the January letter and Article 1003.3 of 1994 UFC all valves controlling the water supply for the sprinkler system and water flow switches shall be electrically monitored and dialed to an approved central receiving station. An approved audible sprinkler flow alarm shall be provided on the exterior of the building by the fire department connection. An approved audible sprinkler flow alarm to alert the occupants shall be provided in the interior ofthe building in a normally occupied location. A manual pull station is required in an approved normally occupied location. A smoke detector tied into the alarm system and located in the same proximity of the fire alarm panel, is required. This smoke detector and the manual pull must activate central. receiving. Low power detection is required at the pump so the Fire Department is notified that there is no power to work the firepump. These devices and their installation must comply with NFPA 72. The department shall receive information on the devices ensuring their UL listing and compatibility to the system, Battery calculations and as built drawings of the system is required_ Fire extinguishers. The hose cabinets shown in the sprinkler plans, are also supplied with 2A -14B -C fire extinguishers. The locations as stipulated on the plans will satisfy most ofthe occupancies within the building. The Fire Department typically waits near job completion to determine any other fire extinguisher type and location needs based on occupancy and travel distance. We will work with Mr Inverso in this regard near job completion. If you need further information or have questions please feel free to contact Chief Piper or myself Sinceeiy Bill Harding, Battalion Chief CC: Mike Piper, Fire Chief Bill lnverso, Owner Bob Pennington, Engineer MEM1 E EURAE MEM ■TUU. E N G I N E E R I N G INC Mr. Bill lnverso Red Canyon Plaza, LLC 3768 Highway 82 Glenwood Springs, CO 81601 RE: Water Use Analysis, Red Canyon Plaza Dear Bill: EXHIBIT November 5, 2013 Pursuant to your request, Resource Engineering, Inc. (RESOURCE) has completed an analysis of total the water demand and consumptive water uses associated with the Red Canyon Plaza commercial building located on Highway 82 just south of Glenwood Springs, Colorado. The purpose of the analysis was to provide a basis for amending your current water service contract with the Basalt Water Conservancy District (BWCD) or alternatively, for securing new water contract directly with the Colorado River Water Conservation District (CRWCD) for storage supply in Wolford Mountain Reservoir. Either source of contract water will provide you with a reliable legal water supply to support your potable water use at the Red Canyon Plaza. Based upon information that you have provided to RESOURCE, it is our understanding that the Red Canyon Plaza consists of a 17,640 square foot (SF) commercial building with an attached residential unit (2,000 SF) and woodshop (1,000 SF). The residence and woodshop shop are utilized by you personally; however, the balance of the building is leased to various commercial users. The building is currently 77% occupied. That is, 13,640 SF of space is currently leased while 4,000 SF of commercial space remains vacant. Existing commercial users include: Type of Use First Call Communications 640 SF Fastnel, Warehouse Sales 3,000 SF Roaring Fork Auto Repair 3,000 SF Green Essentials Medical 7,000 SF Vacant Commercial 4,000 SF Total 17,640 SF With exception of Green Essentials Medical, RESOURCE calculated total water demands based upon assumptions common to the water engineering and hydrology profession. RESOURCE has used these same assumptions in prior studies and is aware that similar assumptions have been used by various municipalities and water conservancy districts including the BWCD. With respect to Green Essentials Medical, RESOURCE has relied on a comprehensive water use accounting that was prepared by the company based upon its historic practices. The water use accounting estimates are attached to this letter and include various water using activities including: hand watering of plants in various stages of development, the application of nutrient feeding solutions, and the operation of various humidifiers and evaporative coolers. Consulting Engineers and Hydrologists 909 Coloreds Avenue • Glenwood Springe, CO 91E101 ■ (970) 945-6777 • Fax (970)945-1137 Mr, Bill Inverso Page 2 Estimated Water Use November 5, 2013 Tables 1 and 2, attached, summarize the expected water demand and consumptive water use associated with all existing and potential uses at Red Canyon Plaza. In total, the development will require an annual water demand of approximately 2.23 AF. Of this amount, approximately 0.85 AF of water will be consumed. The balance will return to the Roaring Fork River as treated effluent or irrigation return flow. The projected water use is expected to be relatively constant with an average monthly demand of 0.18 AF of water. Assuming full occupancy of the Red Mountain Plaza commercial building, daily diversions are expected to average 2,000 gallons of water. The water use estimates outlined above can be verified for reasonableness by comparing the projected water demand to current uses as measured by a water use meter installed on your water delivery system. You have informed RESOURCE that your current use is averaging approximately 1,425 gallons of water daily. Assuming that the 4,000 SF of vacant space was leased for commercial purposes, the total annual water use at the plaza would increase by 0.45 AF (see Table 1, line 6). This equates to an additional daily demand of 402 gallons. Combined with your current metered use, the total water demand at full occupancy would be approximately 1,807 gallons per day. This compares favorably to RESOURCE's 2,000 gallons per day as projected in Tables 1 and 2. In summary, at full occupancy, the Red Canyon Plaza will divert approximately 2.23 AF of water annually. Of this amount, 0.85 AF will be consumed an unavailable to the stream system. These water use estimates are important as they will provide the basis for obtaining a dependable legal water supply for your well. Such a supply can be obtained from either amending your contract with the BWCD to reflect your new water uses or alternatively, applying for a new contract with the CRWCD for storage supply in Wolford Mountain Reservoir. Should you have any questions or require additional assistance, please do not hesitate to contact us. Sincerely, RESOURCE ENGINEERING, INC. .)00t": . Scott Fifer Professional Hydrologist RSFlrnmm 1414-1 Attachments E�raaRESl7URCE Table 1 Red Canyon Plaza Water Requirement Calculations tEnteryellow cells as appropriate. SUMMARY OF WATER USES - Red Canyon Plaza Water Uses Number of Units or Sq.Ft. EQR per Unit Total Diversion (AF) Total EQR's Inverse] Residence (1) Average of 3.5 people/Home @ 100gpcd 1 1.00 0.39 1.0 Inverse Woodshop (2) Average of one craftsman @ 35 gpd. 1000 0.10 0.04 0A Commercial (3) First Call Communications @ 105 gpd/1000 sq ft. 640 0.30 0.07 0.2 (4) Fastnel, Warehouse sales @ 105 gpd/1000 sq.ft. 3000 0.30 0.34 0.9 (5) Roaring Fork Auto Repair @ 105 gpd/1000 sq.ft. 3000 0.30 0.34 0.9 (6) Vacant Warehous Space @ 105 gpd/1000 sq. ft. 4000 0.30 0.45 1.2 (7) Marijuana, Indoor irrigation (75 gpd/1000 sq. ft.) 7000 0.21 0.59 1.5 Irrigation - Outdoor Lawn (8) Total Irrigated Acreage = 0.006 0.016 Total All Uses 2.23 5.8 gpcd = gallons per capita per day, gpd = gallons per day._ AF = acre feet EQR = equivalent residential unit (1). Owner has an attached residence. One EQR provides full-time occupancy for an average of 3.5 people and requires 350 gallons of water. One EQR = 0.392 Ac.Ft. of water per year (350 gpd year-round). (2). Owner has 1000 sq. ft. woodshop that he uses periodically. (3) - (6). Owner [eases space to various commercial users. Water use is calculated on the assumption that on average, the business will support 3 employees per 1000 sq. ft. of space. Each employee uses approximately 35 gpd each. (7). Plants are individually hand watered. The water use estirnate per 1000 sq. ft. of space is based upon detailed water use calculations provided by Green Essentials Medical and standard water use assumptions for employee water use. The water uses estimates include: plant growth, humidifiers, evaporative coolers, application of nutrient feeding solutions. The existing facility requires a total of four employees. (8). Enter total irrigated area for all uses. At 5,800 ft. elevation the Basalt District assumes div of 2.74 AFfacre. For purposes of accounting, it is assumed that irrigation is 80% efficient. Total outdoor lawn irrigation at Red Canyon Plaza is 250 sq.ft. File:1414 Red Canyon Plaza 11/5/2013 Resource Engineering, Inc. 1 Table 2 Red Canyon Plaza Monthly and Annual Water Demand All Values in Acre Feet 2 (3) 4 5 Month Inverso Residence Woodshop Marijuana Indoor Cm Commercial Water Use Total Water Demand Diversion C.U. Diversion C.U. Diversion C.U. Diversion C.U. Diversion C.U. January 0.03 0.00 0.00 0.00 0.05 0.05 0.10 0.02 0.19 0.07 February 0.03 0.00 0.00 0.00 0.05 0.05 0.09 0.01 0.17 0.06 March 0.03 0.00 0.00 0.00 0.05 0.05 0.10 0.02 0.19 0,07 April 0.03 0.00 0.00 0.00 0.05 0.05 0.10 0.01 0.18 0.07 May 0.04 0.01 0.00 0.00 0,05 0.05 0.10 0.02 0.19 0.07 June 0.04 0.01 0.00 0.00 0.05 , 0.05 0.10 0.01 0.19 0.07 July 0.04 0.01 0.00 0.00 0.05 0.05 0.10 0.02 0.19 0.07 August 0.04 0.01 0.00 0.00 0.05 0.05 0.10 0.02 0.19 0.07 September 0.03 0.01 0.00 0.00 0.05 0.05 0.10 0.01 0.18 0.07 October 0.03 0.00 0.00 0.00 0.05 0.05 0.10 0.02 0.19 0.07 November 0.03 0.00 0.00 0.00 0.05 0.05 0.10 0.01 0.18 0.07 December 0.03 0.00 0.00 0.00 0.05 0.05 0.10 0.02 0.19 0.07 Total lnhouse(AF) 0.39 0.06 0.04 0.01 0.59 0.59 1.20 0.18 2.22 0.83 Total lrri ation AF 0.02 0.01 0.00 0.00 0.00 0.00 0,02 0.01 Total Water (AF) 0.41 0.07 0.04 0.01 0.59 0.59 1.20 0.18 2.23 0.85 Total (EQR) 1.0 0.1 1,5 3.2 5.8 Col. (1) through Col (4). = Total water use as calculated in Table 1 distributed monthly. Col. (5). = Sum of al water uses (Cols. 1 through 4). Assumptions. In-house Use. Red Canyon Plaza uses a septicileachfield system to treat its waste water. For residential use depletions are considered to be 15% of diversions (C.U. = 15%). Landscape Irrigation. Water demand = 2.74 AF/acre irrigated. Water consumption = 80% of diversions (80% efficient). Water used for growing marijuana is considered to be 100% consumptive (C.U. = 100%). File:1414 Red Canyon Plaza 11/5/2013 Resource Engineering, Inc. 10-28-13 Information provided by Green Essentials Medical Red Canyon Plaza — Water Usage for all Plants ( Leased floor square footage is 6,600 ) A, General storage, office, security area, trim, rest room, curing room, common stairs & areas, is estimated at or about 1,000 sqft. B. All plant growing stages are 100% Organically-Veganic nutrients feed procedures. C. All plants are watered after processing through a charcoal filter system from water drawn the standard building potable well water delivery system. D. All induced humidification {in flowering area only} - (Fall -Winter -Spring, season) or through the area Evap Cooling (late Spring -Summer -early Fall) this water is from the standard building potable well water delivery system. E. No other water is used, other than for, (the unused — shower) and the single water -closet / single basin/compartment hand sink. F. No RO water is used. ( this procedure has been stopped about 6 to 7 months ago after the final conversion to a 100% Organic/Veganic nutrient feeding practice was implemented. 1. (First stage) All seeded or clones to be rooted are called infant vegetated plants, (are raised in 14oz cups). { up to 2 weeks a. This 14 oz cup, takes 1 oz a day. 2. (Second Stage) All Plants growing to young vegetated plants status, receive smaller amounts of water, and nutrient treated water, (are grown in half Gallon Pots) { up to 4 weeks } a. A half -gallon pot, will not take a half gallon of water. The plant is watered every third day, which is 85% filled with a growing media and plant. ) Mon & Thur, then again on Sunday, etc. . b. This 'A gal. pot consumes 1 cup of nutrient treated water every third day = 2.75oz ea. 3. (Third Stage) All maturing vegetated plants prior to flowering status, receive the same amounts of water, and nutrients treated water, (are grown in 3 gallon Pots) (up to 12 weeks ) a. A 3 -gallon pot, will not take 3 gallons of water. The plant is watered every other day, which is 85% filled with a growing media and plant.) Mon & Wed. then again on Friday, etc... b. This 3.0 gal. pot consumes 1/3 (42oz) of a gallon of nutrient treated water every other day. _ 21 oz a day net. 4. [Forth & Final Stage) All plants are now in a flowering status, receive the same amounts of water, and nutrients treated water, (are grown in 15 gallon Pots) { up to 12 weeks } % gallon of water every other day = 64 oz 1.1 Est. daily water ( based on 150 units) each clone = 1 unit = % oz. 150/u x .25 = 38.00 oz x 30days = 1,140 oz 2.1 Est. daily water ( based on 300 units) 1 plant = 1 unit = 2.75 oz. 300u x = 825 oz x 30days = 24,750 oz 3.1 Est. daily water ( based on 300 units) 1 plant = 1 unit = 21 oz. 300u x = 6300 oz x 30days = 189,000 oz 4.1 Est. daily water ( based on 450 units) 1 plant = 1 unit = 32 oz. 450u x = 14400 oz x 30 days = 432,000 oz * Notes: 1. All water usage amounts shown above includes a 20% additional amount. 2. Total oz, = 646,890 / -:- 128 oz (=1 gal.) = 5,054.00 total gals a month, for watering all plants. 3. 5,054 / -:- 30 days = 168 ga I.s a day NOTE: A. We make 3 / 30gal. = 90 gal's daily of a pre -mix nutrient feeding solution, which feeds all plants. B. Hand watered, only plants that visibly appear dry. (estimated at no more than 20gals, per day ) C. 2- Humidifier consumes 3.0 gals a day x 2 = 6.0 gals a day D. Evap Cools (max.output) consume 10 gal. each x 4 units = 40gals a day E. Plus a added 10% cushion for waste. RED CANYON PLAZA, LLC 3768 HIGHWAY 82 GLLNW©OD SPRINGS, CO. -81601- Letter to Glenn Hartman: In regards to an ADU: EXHIBIT 1 16 There is not an ADU unit in the commercial building, the unit in question does not have a kitchen and is strictly being used as an office space. I may decide in the future to make this an ADU unit but my intention is to keep it as office space for the time being. Thank You, Bill Inverso (member) Red Canyon Plaza, LLC Dated: November 1 , 2013 Signed: 4 EXHIBIT COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST, RM 821, DENVER, CO 80203 Main: (303) 866-3581 Fax: (303) 866-2223 GENERAL PURPOSE Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be computer generated, typed or in black or blue ink. 1. Applicant Information Name of applicant Red Canyon Plaza, LLC, c/o William J. )nverso Mailing adores 3768 Highway 82 City Glenwood Springs Telephone 0 (area cad. IS number) (970) 379-7173 Stale Zip bode CO 81601 E• t it (online fling required) inverso o@sopris.net Office Use Only . -. EtS'13 7 r p,T 8R RES..f-IRCZ �j p SSATEENG!NEER C,5 t 3S ' /7r% rr 5t�i atae`D 6. tJse Of Well (check applicable boxes) Attach a detailed description of uses applied tor. ❑ Industrial ❑ Municipal ❑ Irrigation ® Commercial ❑ Dewatering System ❑ Geothermal (production or reinjection • Other (describe): Domestic - see tbl 1 &2 2. Type Of Application (check applicable boxes) ❑ Construct new well ❑ Replace existing well Q Change source (aquifer) ❑ COGCC Well © Use existing well © Change or increase use ❑ Reapplication (expired permit) ❑ Other. 7. Well Data (proposed) Maximum pumping rale 15 Total depth 200 gpm feet Ani mat a resent lo be rrilhot! 2.44 Aquifer Red Sandstone acre-feet 3. Refer To (if applicable) Well permit i! 86080 Designated Basin Dereru.nalion 5 Water Court rase q BWCD - 02CW77 Wil came or Y Inverso Well 4. Location Of Proposed Well County' Garfield SW 1/4 of the NW 1/4 Section Township N or S Range E or W Principal Meridian 26 .6 1 '-g1 89 0 El '6th Distance of Well from section Lines (sectIr 1 rimes are WO= 5y nit property fines) 1,978 Ft. from :% N s 534 Ft. frerrfE ®W - For repiaceerrt wells only - dietande and dvectien from rid welt to new Well m feet direction beana-dress_ Weil location address pmdude City, Stale. Trp} ME Check if well address is same as in Sem 1. Optional: GPS well (oration information in ITN format You must check GPS unit for required settings as follows: Fomtat out be UTM — [ Zone 12 or(A Zone 13 Units must be Meters Datum must be NADB3 Lind must be set to true north Was GPS unit checked for above? DYES Easting Northing Remember to set Datum to NAD83 8. Land On Which Ground Water Will Be Used Legal Description of Land (arty be provided asan attachment): 3768 Highway 82, Glenwood Springs, CO 81601 See Exhibit A for description. (if used far crop irnigatio A. >r Acres 3.97 ttach a scaled map Thal shows irrigated area ) 13. Owner Applicant C. List arty other vats or water rights used on than land: None. 9. Proposed Well Driller License #(optional): 10. Sign or Entered Name Of Applicant(s) Or Authorized Agent The making of false statements herein constitutes perjury In the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4.104 (13)(a). 1 heye read the statements herein, know the contents thereof and state t they are true to my know ledge_ _ Sign or enter narmefr- o p rson(s) submitting application Dale (rnm'ddtyyyy) Or /15 if signing lnfd naTi a and title Williams J. 1nverso, Member/Manager of Applicant 5. Parcel On Which Well Will Be Located (PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) A. Legal Description (rmy be provided as an attachment): See Exhibit A, B. >f of sues in parcel C. [Srweer 3.97 Applicant O. UWI this be the only weep an This parcel? Il YES❑ NO (if no list other mils) E. Stale Parcel IDS (optional): Office Use Only LUSGS map nacre DWR map nes surface etev. AQUNv1AP WE WR. CWCB TOP° MYLAR Ses Receipt area only :3Q) DIV —5 WD BA..., MD 1 'RESOURCE ....II. ■ ■■.■ ■ ■■.■ E N G I N E E R I N G INC. Mr. Bill Inverso Red Canyon Plaza, LLC 3768 Highway 82 Glenwood Springs, CO 81601 RE: Water Use Analysis, Red Canyon Plaza Dear Bill: EXHIBIT IS December 13, 2013 Pursuant to your request, Resource Engineering, Inc. (RESOURCE) has completed an analysis of total the water demand and consumptive water uses associated with the Red Canyon Plaza commercial building located on Highway 82 just south of Glenwood Springs, Colorado. The purpose of the analysis was to provide a basis for amending your current water service contract with the Basalt Water Conservancy District (BWCD) or alternatively, for securing new water contract directly with the Colorado River Water Conservation District (CRWCD) for storage supply in Wolford Mountain Reservoir. Either source of contract water will provide you with a reliable legal water supply to support your potable water use at the Red Canyon Plaza. Based upon information that you have provided to RESOURCE, it is our understanding that the Red Canyon Plaza consists of a 17,640 square foot (SF) commercial building with an attached residential unit (2,000 SF) and woodshop (1,000 SF). The residence and woodshop shop are utilized by you personally; however, the balance of the building is leased to various commercial users. The building is currently 77% occupied. That is, 13,640 SF of space is currently leased while 4,000 SF of commercial space remains vacant. RESOURCE calculated total water demands based upon assumptions common to the water engineering and hydrology profession. RESOURCE has used these same assumptions in prior studies and is aware that similar assumptions have been used by various municipalities and water conservancy districts including the BWCD. Estimated Water Use Tables 1 and 2, attached, summarize the expected water demand and consumptive water use associated with all existing and potential uses at Red Canyon Plaza. In total, the development will require an annual water demand of approximately 2.44 AF. Of this amount, approximately 0.38 AF of water will be consumed. The balance will return to the Roaring Fork River as treated effluent or irrigation return flow. The projected water use is expected to be relatively constant with an average monthly demand of 0.20 AF of water. Assuming full occupancy of the Red Mountain Plaza commercial building, daily diversions are expected to average approximately 2,200 gallons of water per day. The water use estimates outlined above can be verified for reasonableness by comparing the projected water demand to current uses as measured by a water use meter installed on your water delivery system. You have informed RESOURCE that your current use is averaging approximately 1,425 gallons of water daily. Assuming that the 4,000 SF of vacant space was leased for commercial purposes, the total annual water use at the plaza would increase by Consulting Engineers end Hydrologists 909 Colorado Avenue ■ Glenwood Springs, CO 81801 ■ [9970] 945-8777 • Pax [970)945-1137 Mr. Bill Inverso Page 2 December 13, 2013 0.45 AF (see Table 1, line 4). This equates to an additional daily demand of 402 gallons. Combined with your current metered use, the total water demand at full occupancy would be approximately 1,807 gallons per day. In summary, at full occupancy, the Red Canyon Plaza will divert approximately 2.44 AF of water annually. Of this amount, 0.38 AF will be consumed an unavailable to the stream system. These water use estimates are important as they will provide the basis for obtaining a dependable legal water supply for your well. Such a supply can be obtained from either amending your contract with the BWCD to reflect your new water uses or alternatively, applying for a new contract with the CRWCD for storage supply in Wolford Mountain Reservoir. Should you have any questions or require additional assistance, please do not hesitate to contact us. Sincerely, RESOURCE ENGINEERING, INC. R. Scott Fifer / Professional Hydrologist RSF/mmm 1414-1 Attachments EE.??RESOURCE Table 1 Red Canyon Plaza Water Requirement Calculations Enter yellow cells as appropriate. SUMMARY OF WATER USES - Red Canyon Plaza Water Uses Number of Units or Sq.Ft. EQR per Unit Total Diversion (AF) Total EQR's Tnverso Residence (1) Average of 3.5people/Horne @ 100gpcd 1 1.00 0.38 1.0 Inverso Woodshop (2) Average of one craftsman @ 35 gpd. 1000 0.10 0.04 0.1 Commercial (3) Occupies Warehouse Space @ 105 gpd/1000 sq ft. (4) Vacant Warehouse Space @ 105 gpd/1000 sq. ft. 13640 4000 0.30 0.30 1.54 0.45 4.1 1.2 Irrigation - Outdoor Lawn (8) Total Irrigated Acreage = 0.006 0.03 February 0.016 0.00 Total All Uses 0.00 0.15 2.44 6.4 gpcd = gallons per capita per day. gpd = gallons per day. AF = acre feet EQR = equivalent residential unit (1). Owner has an attached residence. One EQR provides fui-time occupancy for an average of 3.5 people and requires 350 gallons of water. One EQR = 0.392 Ac.Ft. of water per year (350 gpd year-round). (2). Owner has 1400 sq. ft. woodshop that he uses periodically. (3) - (4). Owner leases space to various commercial users. Water use is calculated on the assumption that on average, the business will support 3 employees per 1000 sq. ft. of space. Each employee uses approximately 35 gpd each. (5). Enter total irrigated area for all uses. At 5,800 ft. elevation the Basalt District assumes div of 2.74 AF/acre. For purposes of accounting, it is assumed that irrigation is 80% efficient. Total outdoor lawn irrigation at Red Canyon Plaza is 250 sq.ft. 1 Table 2 Red Canyon Plaza Monthly and Annual Water Demand All Values in Acre Feet 23 3 4 Month Inverso Residence Woadshop Commercial Water Use Total Water Demand Diversion C.U. Diversion C.U. Diversion C.U. Diversion C.U. January 0.03 0.00 0.00 0.00 0.17 0.03 021 0.03 February 0.03 0.00 0.00 0.00 0.15 0.02 0.19 0.03 March 0.03 0.00 0.00 0.00 0.17 0.03 0.21 0.03 April 0.03 0.00 0.00 0,00 0.16 0.02 0.20 0.03 May 0.04 0.01 0.00 0.00 0.17 0.03 0.21 0.03 June 0.04 0.01 0.00 0.00 0.16 0.02 0.20 0.03 July 0,04 0.01 0.00 0.00 0.17 0.03 0.21 0.03 August 0,04 0.01 0.00 0.00 0.17 0.03 0.21 0.03 September 0.03 0.01 0.00 0.00 0.16 0.02 0.20 0.03 October 0.03 0.00 0.00 0.00 0.17 0.03 0,21 0.03 November 0.03 0.00 0.00 0.00 0.16 0.02 0.20 0,03 December 0.03 0.00 0.00 0.00 0.17 0.03 0.21 0.03 Total Inhouse(AF) 0.39 0.06 0.04 0.01 1.99 0.30 2.42 0.36 Total lrrigation(AF) 0.02 0.01 0.00 0.00 0.00 0.00 0.02 0_01 Total Water (AF) 0.41 0.07 0.04 0.01 1.99 _ 0.30 2.44 0.38 Total (EQR) 1.0 0.1 5.3 6.4 Cal. (1) through Col 3). = Total water use as calculated in Table 1 distributed monthly. Col. (4). = Sum of all water uses (Cols. 1 through 3). Assumptions: In-house Use. Red Canyon Plaza uses a septicfleachfield system to treat its waste water. For residential use depletions are considered to be 15% of diversions {C.U. = 15%). Landscape Irrigation. Water demand = 2.74 AF/acre irrigated. Water consumption = 80% of diversions (80% efficient). File:1414 Red Canyon Plaza 12/13/2013 Resource Engineering, Inc. RED CANYON PLAZA, LLC 3768 HIGHVVAY 82 GLENWOOD SPRINGS, CO. -81601- To Whom It May Concern: EXHIBIT Bill Inverso member of Red Canyon Plaza, LLC has completed all the paperwork needed to apply for a change from residential to a residential/commercial well permit as requested by Garfield County. I am in the process of obtaining the 600 foot well spacing release forms from the neighboring well permit holders which will then be sent on to the state for approval. SPECIAL NO fh: GEM is going to provide their own water source for the cultivation business at the above address. They are to obtain a water holding tank which they will have filled -from an outside water source and will use this water for their cultivation business. Thank You, Bill Inverso COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST, RM 821, DENVER, CO 80203 Main: (303) 866-3581 Fax: (303) 856-2223 dwrpermltsonllne state.co us GENERAL PURPOSE Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be computer generated, typed or in black or blue ink. 1. Applicant Information Name of a pphcant Red Canyon Plaza, LLC, c/o William J. Inverso Mailing address 3768 Highway 82 Glenwood Springs Telephone ff (area code & number) (970) 379-7173 CO � 81601 1. E -mail (online fling requked) 'nverso@sopris.net Office Use Only Form GWS -45 (07/2013) 6. Use Of WelUcheck applicable boxes) Attach a detailed description of uses applied for. ❑ Industrial ❑ Dewatering System ❑ Municipal 0 Geothermal (production or reinjection ❑ Irrigation 0 Commercial p Other (describe): Domestic - see tbl 1 &2 2. Type Of Application (check applicable boxes) 0 Construct new well 0 Replace existing well ❑ Change source (aquifer) ❑ COGCC Well 0 Use existing well 0 Change or increase use ❑ Reapplication (expired permit) 0 Other: 7. Well Data (proposed) Maximum pumping rate 15 200 gpm feet Annual amount to be withdrawn 2.44 acre-feet Aquifer Red Sandstone 3. Refer To (if applicable) .__... -- - _ -- ----case-- __ _-------' weellll permit 11 Water Coon case b 86080BWCD - 02CW77 Designated Basin Determination ft Well name or rt Inverso Well 4. Location Of Proposed Well County -. Garfield • Section Township N or S 26 6 r1 of SW 114 of the NW 1/4 Range E or W I Principal Meridian 89 ❑ 16th Distance of well from section lines (section lines are typically not properly lines) 1,978 Ft. from l -X N E S 534 Ft. frorrriE QW __ case --case -.. _ __....-•case----case.... . case -----case..._ For replacement wells only - distance and direction from old well to newwetl feet direction _.._.__.—._�_..._...._.._....__-case---case._._.._._..._... Well location address (Include City, State, Zip) ® Check if well address is same as in Item 1. _`_------'--`---_..__.._.....---•---•—........case--case--_.....-----_case' .- Optional: GPS well location information in UTM format You must check GPS unit for - required settings as follows: Format must be UTM II Zone 12 at] Zone 13 Units rnust be Meters Datum must be NAD83 Unit must bo set to true nosh Was GPS unit checked for above? ❑ YES Easting Northing Remember t:o set Datum to NAD83 8. Land On Which Ground Water Will Be Used Legal Description of Land (may be provided as an attachment): 3768 Highway 82, Glenwood Springs, CO 81601 See Exhibit A for description. (If used for crop irrigation, attach a scaled map that shows imgated area.) A. 0 Acres f B Owner 3.97Applicant C List any other wells or water rights used on this land: None. 9. Proposed Well Driller License #(options): 10. Sign or Entered Name Of Applicant(s) Or Authorized Agent The making of false statements herein constitutes perjury in the second degree. which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents thereof and state t -, he are true tom knowled e, _.. %_-_� .^^-� ._.-_...-('Date mM Sign or enter name • : rson(s) submitting application I t dd1YVYY) If sgning •. nt na ne and title William J. Inverso, Member/Manager of Applicant /a//3 5. Parcel On Which Well Will Be Located (PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) A Legal Description (may be provided as an attachment): See Exhibit A. B. a of aces in parcel0: Owner 3.97 Applicant - case- - -— D Will this be the only well on this parcel?ID YE SO NO (11 no list other wells) E. slate Parcel ICO (optional): Office Use Only USESnwpname'case AOU,4MAP WE WR CWCB TOPO MYLAR SB5 DWR map no. Surface etev. F Receipt area only DIV __, WD BA ___ MID EXHIBIT "A" Pa-. c i A i tract of land situate in the SANW1/4 , Section 26, Township 6 South ,a:,r c e A9 West of the 6th Principal Meridian, described as follows Beginning at a point on the Northeasterly right of way line of Stag Highway No. 82 whence the West Quarter Corner of said Section 26 ;tear-° S. 27°174' N. 725.69 feet; tha nee N. 68'59'40" E. 327.27 feet; thence S. 17°07'30" W. 82.63 feet; tha,nce S . 68'59'40" W. 255.56 feet to aP oint on the Northeasterly righ of way line of said highway; th glee N. 28'457 W. 36.57 feet along said right of way line; thence N. 49'56'30" W. 32.88 feet along said right of way line to tha point of beginning. Parcel A tract of land in the Southwest 1/4 of the Northwest 1/4 of Bectu^,, 2G, Township G South, Range 89 West of the 5th Principal Meridian ur her described as follows Beginning at a point on the South side line of said SW4NW4 Section 2 whence the Weser 1/4 corner of said Section 26 bears N. 86¢52'30" w. 491.74 feet., thence S. 86052'.30' E. 680.36 feet along said South side line of saL SN1/4NW4 Section 26 to the Southeast corner of said SWC NW4 Section 26; thence N.- 61"37 W. 1022.07 feet along the East side line of said Svi9.7Nt ?, Section 26 to a point on the centerline of the Red Canyon Goad; thence S. 68°59'40" W. 541.91 feet to a point on the centerlincl of to Glenwood Ditch ROW; thence along a fence S. 17°05'30" W. 82.63 feet to a fence corner; thence along a fence S. 68°59' 40" W. 255.56 feet to a point on the ROW of Highway 82; thence along a fence 5. 41'52'36" E. 40.49 feet; thence along a fence S. 34'27'37" W. 20.22 feet; thence along fence S. 33°04'56" E. 46.02 feet; thence along a fence N. 67°13' E. 155.08 feet tea .a point on the Weste,-7.L7 �Cri+i line of the Glenwood Ditch :hence along said ROW line S. 34°12'16" W. 37.90 feet; :hence along said ROW line S. 10°33' W. 336.84 feet to a point, cn bh : :as .erly fenced ROW of the Red Canyon Road; ;hence along said fence c, 39°43'09" E. 50.17 feet; .hance ;long- said fence S. 04°17`17" W. 193.65 feet, more or less, tc he point of beginning. XC :PANG from Parcel B above those parcels conveyed by deeds recordeed ouember 23, 1977 in Book 503 at Page 84 as reception No. 281963, End ccorded January4, 1978 in Book 504 at Page 513 as Reception Ncr, 2732;6:,, [Enter yellow cells as appropriate. SUMMARY OF WATER USES - Red Canyon Plaza Water Uses - - Table 1 Red Canyon Plaza Water Requirement Calculations Inverso Ridence (1) Average of 3.5 eople/Home @ 100 cd Inverso Woods op Y (2) Average of one craftsman @ 35 i.d. Oommercial (3) Occupies Warehouse Space @ 105 gpd/1000 sq ft. (4) Vacant Warehouse Space 4 105 gp0l1000 sq. ft. Irrigation - Outdoor Lawn Number of EQR per Units or Ss.Ft. Uni 1 1000 13640 4000 .00 0.10 0.30 0.30 Total Diversion (AF) 0.39 0.04 1,54 0.45 Total EQR's 1.0 0.1 4.1 1.2 (8) Total Irrigated Acreage = 0.006 0.016 cd y aalons ei ca ita er d,a . d = gallons er da . AF = acre feet ECR = e uivatent residential unit Total All Uses 2.44 6.4 (1) Owner has an attached residence. One FOR provides full-time occupancy for an average of 3.5 people and requires 350 gallons of water. One EOR = 0.392 Ac.Ft. of water per year (350 gpd year-round). (2). Owner has 1000 sq. ft. woodshop that he uses periodically. (3) - (41. Owner leases space to various Commercial users Water use is calculated on the assumption that on average, the business will support 3 employees per 1000 sq. ft. of space. Each employee uses approximately 35 qpd each (5). Enter total irrigated area for all uses. At 5,800 It. elevation the Basalt District assumes div of 2.74 AF/acre. For purposes of accounting, it is assumed that irrigation is 80% efficient. Total outdoor lawn irrigation at Red Canyon Plaza is 250 sq.tl. Table 2 Red Canyon Plaza Monthly and Annual Water Demand All Values in Acre Feet 1 Month lnverso Residence C.U. Woodshop Diversion C.U. Commercial Diversion Water Use C.U. Total Wa Diversion er Demon. C.u. Diversion January 0.03 0.00 0.00 0.00 0.17 0 03 0.21 0.03 February 0.03 0.00 0.00 0.00 0.15 0.02 0.19 003 March 0.03 0,00 0.00 0.00 0.17 0.03 0.21 0.03 April 0.03 0.00 0.00 0.00 0.16 0.02 0.20 0.03 May 0.04 0.01 0.00 0.00 0.17 0.03 0.21 0.003 June 0.04 0.01 0.00 0.00 0.16 0.02 0.20 0.03 July 0.04 0.01 0.00 0.00 0.17 0.03 0.21 0.03 August 0.04 0.01 0.00 0.00 0.17 0.03 0.21 0.03 September 0.03 0.01 0.00 0.00 0.16 0.02 0.20 0.03 October 0.03 0.00 0.00 0.00 0.17 0.03 0.21 0.03 November 0.03 0.00 0.00 0.00 0.16 0 02 0.20 0.00 _ December 0.03 0.00 0.00 0.00 0.17 0.03 0,21 0.000 Total nhouse(AF) 0.39 0.06 0,04 0.01 1.99 0.30 2.42 0.2E Totallrrigation(AF1 0.02 0.01 0.00 0.00 0.00 0.00 0.02 0.3. 'total Water (AF) 0,41 0.07 0.04 0.01 1.99 0.30 2.44 0.3x1 Toral(CQR) C l 1.0 0.1 5.3 6.4 . (i, through Col 3}. = T0[al wa[er use as calculated in Table 1 distributed monthly. Col. (4). = Sum of all water uses (Cols. 1 through 3). Assumations. In-house Use. Red Canyon Plaza uses a septic/leachfield system to treat its waste water. For residential use depletions are considered to be 15% of diversions (C.U. = 15%). Landscape Irrigation. Water demand = 2.74 AF/acre irrigated. Water consumption = 80% of diversions (80% efficient). File 414 Red Canyon Plaza 12/13/2013 Resource Engineering, Inc. ■I I E l I AIKiI .WWW.46104M IM 1 liI Receptiank: 740434 01/02/2000 03,32,00 PM Jean Olnarico of 2 Rao Fee.StI.00 Doc Fre•0.00 cARFIELo COUNTY CO SPECIAL WARRANTY DEED 11-11S DEED is made effective the 15` day of January, 2008, between WILLIAM 3. INVERSO, whose address is 3768 Highway 82, Glenwood Springs, CO 8160] (hereinafter, "Grantor"), and RED CANYON PLAZA, LLC, a Colorado Limited Liability Company, whose address is 3768 Highway 82, Glenwood Springs, CO 81601, in the County of Garfield, State of Colorado (hereinafter "Grantee"). WITNESSETH, that the Grantor, For and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Grantee, and Grantee's heirs, successors and assigns forever, all the real property, together with all improvements, situate, lying and being in the County of Garfield, State of Colorado, described as follows: SEE "EXHIBIT A" ATTACHED HERETO (one page) AND BY THIS REFERENCE INCORPORATED HEREIN AS IF SET FORTH VERBATIM; also known by street and address as 3768 Highway 82, Glenwood Springs, CO 81601; also known as Garfield County Assessor's Parcel No. 218526200008; County of Garfield, State of Colorado, TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of , in and to the above - bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto Grantee, and Grantee's heirs, successors and assigns forever. The Grantor, for Grantor and Grantor's heirs, successors and assigns, does covenant and agree that Grantor shall and will warrant and forever defend the above - bargained premises in the quiet and peaceable possession of Grantee, and Grantee's heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantor, except and subject to general taxes and assessments for the year 2007 and all subsequent years; and except and further subject to all liens, encumbrances, covenants, conditions, restrictions, easements, reservations, rights-of-way, dedications, agreements and all other matters of record affecting title. IN WITNESS WHEREOF, the Grantor has executed this deed effective as of the date set forth above. GRANTOR: WILLIAM J. INVERSO STATE OF COLORADO COUNTY OF GARFIELD Acknowledged before me this day of3 evenz+�t�2 , 200, by William 7. lnverso. hand and official seal. My Commission expires: Ira/,ia•Q�t p j Notary ublic P1 return CO: PO Drawer 400 Glenwood Spgs, C0 81602 ■!!! 'tl 1�!{, ltAI?11# ' i , i 11I'i 11111 itec.ptionti: 740434 01102!2008 03:32-e8 PPS Jean i71t,erico 1 at 2 Roc foa;litt.00 Ooc Foo;0.20 GAR5'tELO COUNTY CO SPECIAL WARRANTY DEED THIS DEED is made effective the 15' day of 7anuary, 2008, between WILLIAM J. INVERSO, whose address is 3768 Highway 82, Glenwood Springs, CO 81601 (hereinafter, "Grantor"), and RED CANYON PLAZA, LLC, a Colorado Limited Liability Company, whose address is 3768 Highway 82, Glenwood Springs, CO 81601, in the County of Garfield, State of Colorado (hereinafter "Grantee"). W11TNESSETI•I, that the Grantor, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Grantee, and Grantee's heirs, successors and assigns forever, all the real property, together with all improvements, situate, lying and being in the County of Garfield, State of Colorado, described as follows: SEE "EXHIBIT A" ATTACHED HERETO (one page) AND BY THIS REFERENCE INCORPORATED HEREIN AS IF SET FORTH VERBATIM; also known by street and address as 3768 Highway 82, Glenwood Springs, CO 81601; also known as Garfield County Assessor's Parcel No. 218526200008; County of Garfield, State of Colorado, TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, runts, issues and profits thereof; and all the estate, nght, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of , in and to the above - bargained premises, with the hereditaments and appurtenances; TO HAVE ANI) TO HOLD the said premises above bargained and described with appurtenances, unto Grantee, and Grantee's heirs, successors and assigns forever. The Grantor, for Grantor and Grantor's heirs, successors and assigns, does covenant and agree that Grantor shall and will warrant and forever defend the above - bargained premises in the quiet and peaceable possession of Grantee, and Grantee's heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantor, except and subject to general taxes and assessments for the year 2007 and all subsequent years; and except and further subject to all liens, encumbrances, covenants, conditions, restrictions, easements, reservations, rights-of-way, dedications, agreements and all other matters of record affecting title. IN WITNESS WHEREOF, the Grantor has executed this deed effective as of the date set forth above. GRANTOR: WILLIAM./ INVERSO STATE OF COLORADO COUNTY OF GARFIELD ) ) SS. Acknowledged before me this day ofc.216,C[ 200i, by William J. Inverso. hand and official seal. My Commission expires: /VA / ►Y�3 Lt Notary Publ is Pls return to: PO Drawer 400 Glenwood Spgs, CO 81602 Rev. 03/13 APPLICATION FOR WATER ALLOTMENT CONTRACT BASALT WATER CONSERVANCY DISTRICT Applicant(s) Contact Information a. Name: Red Canyon Plaza, LLC c/o William J. Inverso b. Mailing Address: 3768 Highway 82, Glenwood Springs, CO 81601 c. Street Address: same d. Telephone Numbers: (970) 379-7173 e. Email Address: inverso@sopris.net f. If Applicant is represented by an Attorney, please provide the Attorney's contact information, including name, address, telephone, and email: Edward B. Olszewski; Olszewski, Massih, & Maurer, P.C., P.O. Box 916, Glenwood Springs, CO 81602; (970) 928-9100; edCornmpc.com g. Emergency Local Contact Information, including name, address, telephone, and email: Same as Applicant h. Contact Information of property manager, caretaker, irrigator, system operator, or agent who should be provided a copy of this contract, including name, address, telephone, and email: N/A 2. Type of land use (development) proposed for water allotment contract (i.e. single family home, subdivision, gravel pit, etc.): Commercial facility with domestic use 3. Legal description and address of property on which District's water rights and/or contract water will be used (attach map and vesting deed with proof of ownership)*: See Exhibit A, Address of Property is 3768 Highway 82, Glenwood Springs, CO 81601. 4. Elevation of property: X 6-7,000 ft., 7-8,000 ft., 8-9,000 ft. Basalt Water Conservancy District Water Allotment Application Page 2 5. Name and legal description of water supply diversion point(s): Name of Diversion: Inverso Well Type of Diversion: Well Legal Description: SW Quarter, NW Quarter, Section 26, Township 65, Range 89W, of the 6° Principal Meridian, at a location 1,978 feet from the N Section line and 534 feet from the W Section line. UTM Coordinates (NAD 83): Northing: Easting: Zone 121 Zone 13. If diversion point is a well, please provide the Well Permit No. 86080. Is the well operational/active? X Yes, No Is there currently an operating well meter? X Yes, No Notice: A valid well permit with operating well meter will be required under the contract. 6. Legal Water Supply: (please check one) X Applicant requests consideration by the District to be included in the District's Umbrella Plan for Augmentation decreed in Case No. 02CW77.* *Note: Certain applicants may qualify to be included in the District's Umbrella Plan at the District's discretion. In order to be included in the District's Umbrella Plan, the Applicant's depletions must occur within the District's defined "Area A" and the Applicant must reimburse the District its pro rata share of the District's expenses in Basalt Water Conservancy District Water Allotment Application Page 3 obtaining the Umbrella Plan decree. Costs of reimbursement are contingent upon location and intensity of the uses, and range from $1,200 for contractees with less than 2 units (EQRs) in certain areas, to $5,000 for more than 8 EQRs in Area A-3 (generally the Roaring Fork drainage above its confluence with the Fryingpan Rivers). Applicant will obtain its own plan for augmentation by applying to the Water Court, Water Division 5 within 2 years of this application. If Applicant has already applied for its own change/approval of plan for augmentation, the Water Court Case Number is: 7. Proposed waste water treatment system: (please check) Tap to central waste water treatment facility X Septic tank/leachfield system Evapotranspiration system Other: 8. Proposed use of water (please check) X Domestic/Municipal (single family home(s), dupiex(s), condominium(s), mobile home(s), apartment). Please complete page four of this application. X Commercial (hotel, office, warehouse, restaurant, bar, retail). Please complete page five of this application. Industrial (gravel pit, manufacturing). Please complete page six of this application. Agricultural (crop irrigation, stock watering). Please complete page seven of this application. Date on which the county or other applicable governmental entities approved the land use for which you seek legal water service: Late 1990s. (Note: Copy of the Resolution of other documentation evidencing such approval should be submitted with application.) 9. What other water rights are associated with or used on the property? None. 10. What other uses of water occur on the property? Lawn Irrigation Basalt Water Conservancy District Water Allotment Application Page 4 Please complete the section below if you selected domestic/municipal use on Page 3, No. 8 DOMESTIC/MUNICIPAL WATER USES In -House Single family residential home(s) Number of Units: 1 Duplex(s) Number of Units: Condominium(s) Number of Units: Apartment(s) Number of Units/Rooms: Mobile Horne(s) Number of Units: Irrigation (lawns, parks, open space) Total area to be irrigated Sq. Ft. or Acres Type of irrigation system (please check) Sprinkler Flood (irrigation ditch) Domestic stock watering (cattle, horses) Number of animals: Period of use (months): Other domestic/municipal uses not listed: Basalt Water Conservancy District Water Allotment Application Page 5 Please complete this page if you selected commercial use on Page 3, No. 8 COMMERCIAL WATER USES In -House Hotel: Office(s), square footage: Warehouse/distributor, square footage: 17,640 Retail, square footage: Restaurant, number of seats: Bar, number of seats: Irrigation (lawns, parks, open space) Total area to be irrigated 250 Sq. Ft. Type of irrigation system (please check) X Sprinkler Flood (irrigation ditch) Other Commercial Uses Not Listed: Inverso Workshop —1,000 sq. ft. Basalt Water Conservancy District Water Allotment Application Page 6 Please complete this page if you selected industrial use on Page 3, No. 8 INDUSTRIAL WATER USES Please describe your industrial development in some detail: Irrigation (lawns, parks, open space Total area to be irrigated Sq. Ft. or Acres Type of irrigation system (please check) Sprinkler Flood (irrigation ditch) Basalt Water Conservancy District Water Allotment Application Page 7 Please complete this page if you selected agricultural use on Page 3, No. S. AGRICULTURAL WATER USE Irrigation Type of crop(s) (pasture, alfalfa, beans, etc.) and irrigation system: Crop: Acres: Sprinkler: Flood: Crop: Acres: Sprinkler: Flood: Crop: Acres: Sprinkler: Flood: Crop: Acres: Sprinkler: Flood: Stock Watering (cattle, horses) Number of animals: Months of use: Other agricultural uses not listed: Basalt Water Conservancy District Water Allotment Application Page 8 STATE OF COLORADO COUNTY OF GARFIELD VERIFICATION ) ss. ) I, William J. Inverso, being first duly sworn, upon oath, depose and state as follows: 1) I am the Applicant or a duly authorized officer, manager, agent or attorney-in-fact for the Applicant for this Application for Water Allotment Contract; 2) I have read and know the contents of this Application; 3) The information contained herein is an accurate and complete description of the Applicant's intended use of the Basalt Water Conservancy District's water rights; 4) The Applicant acknowledges that the accuracy and truth of all statements in this Application are conditions of approval of this Application by the Basalt Water Conservancy District and of the Contract to be made pursuant to such approval; and 5) I acknowledge that this application shall be subject to the District's Water Allotment Contract as approved and issued by the District. Date: lJ. -49-13 By: Print Name: A.)1 L /M1 i7V►'E Ebp Title: 1�'i�li��1 /,+ti i h d .9 le Subscribed and sworn before me this If day of me k9tri_ , 20 15 by William J. Inverse, asof Red Canyon Plaza, LLC. Witness my hand and seal. #11-~#11P4.s.4011.411044,40414.4 MELANIE K. DAVIS NOTARY PUBLIC STATE COLORADO Sr,0351pi es: My Carxrnssion Expires October 28, 20 8 Pfilfthrtwoorwoom wx..A...n Notary Public EXHIBIT "A" Parcel. A 1.. A tract Of land situate in the SW4NW4, Section 26, Township 6 South, Range 89 West of the 6th Principal Meridian, described as follows Beginning at a point on the Northeasterly right of way line of State Highway NO. 82 whence the West Quarter Corner of said Section 26 :bea- S. 27°04' W. 725.69 feet; thence N. 68°59'40" E. 327.27 feet. thence S. 17°05'30" W. 82.63 feet thence S. 68'59'40" W. 255.56 feet to a point on the Northeasterly right of way Nine of said highway; thence N. 28'45' W. 36.57 feet along said right of way line thence N. 49°56'30" W. 32.88 feet along said right of way line to the point of beginning. Parcel 8 • z A tract ©f land in the Southwest 1/4 of the Northwest 1/4 o1 Section 26, Township 6 South, Range 89 West of the 6th Principal Meridian, further describes as follows: Beginning at a point on the South side line of said SW14NW4 Section 25, whence the West= 1/4 corner of said Section 26 bears N. 86 ° 5 2 ' 3fl'° W. 491.74 feet; thence S. 86'52'30' E. 680.56 feet along said South side .line of sale SWIINW4 Section 26 to the Southeast corner of said SANW4 Section 26 thence N. 01'37' H. 1022.07 feet along the East side line of said %V --,NW Bectu rr 26 to a Point an the centerline of the Red Canyon Road; thence S. 68'59'4W- W. 541.91 feet to a point on the centerline of the Glenwood Ditch ROW; thence along a fence S. 17°05'30" W. 82.63 feet to a fence corner; thence along a fence S. 68°59'40" W. 255.56 feet to a point on she ROW of Highway 82; thence along a fence e. 41°52'36" E. 40.49 feet; thence along a fence S. 34°27'37" W. 20.22 feet; thence along a fence S. 33°04'56" E. 46.02 feet; thence 'along a fence N. 67°13' E. 155.08 feet to .a point on the Westerly pO line c.f. the Glenwood Ditch; hence along said ROW line S. 34'112'16" W. 37.90 feet; :hence along said ROW line S. 10433' W. 336.84 feet to a prim: on the :aster1y fenced ROW of the Red Canyon Road: .hence along said fence S. 39°43°09" E. 50.17 feet; hence along said fence S. 04°17'17" W. 193.65 feet, more o: less, he coins- of beginning. }I;C.SPTING from Parcel 8 above those parcels conveyed by deeds re ,orde' eeember 23, 1977 in Book 503 at Page 84 as reception No. 281963, um ecorded JanuaryY 4 1978 in Book 504 at Page 513 as Reception i o. :? ! A 64 , 1111 EA 1P.11ilC1,4111 a ll i, WAN 1111i ReccptionA: 740434 = Yn? g 01/0212008 03:32:08 Pry Jean 1U bcrLcQ 2 of 2 Rec Fee:$31 OD Doc Fea:0.00 GARFIELD COUNTY GO EXHIBIT A. (To.that certain Special Warranty Deed dated January 1, 2008, wherein William J. Inverso is Grantor and Red Canyon Plaza, LLC is Grantee) Parcel A A tract of land situate in the SWANW1/4, Section 26, Township 6 South, Range 69 West of the 6th Principal Meridian, described as follows: Beginning at a point on the Northeasterly right of way line of State Highway No. 82 whence the West Quarter Corner of said Section 26 bears S. 27'04' W. 725.69 feet; thence N. 68"59'40" E_ 327.27 feet; thence S. 17°05'30" W. 82.63 feet; thence S. 68'59'40" W. 255.56 feet to a point on the Northeasterly right of way line of said highway; thence N. 28'45' W. 36.57 feet along said right of way line; thence N. 49'56'33' W. 32.88 feet along said right of way line to the point of beginning. Parcel A tract of land in the Southwest 1/4 of the Northwest 1/4 of Section 26, Township 6 South, Range 89 West of the 6th Principal Meridian, further described as follows: Beginning at a point on the South e+ide line of said 5ANW3/4 Section 26, whence the West 1/4 corner of said Section 26 bears N. $6'52`30" W. 491.74 feet; thence S. 86"52130" E. 6B0.56 feet along said South side line of said SAWA Section 26 to the Southeast corner of said SWIANW1/4 Section 26; thence N. 01.37' W. 1022.07 feet along the East aide line of said SANW1/4,; Section 26 to a point on the centerline of the Red Canyon Road; thence S. 68"59'40" W. 541.91 feet to a point on the centerline of the Glenwood bitch RDW; thence thence ROA of thence thence along a along a Highway along e along a fence fence 82; fence S. fence S. S. 17.05'30" W. 82.63 feet to a fence corner; S. 68.59'40" W. 255.56 feet to a point on the thence along a fence S. thence along a fence N. 67°13' E. ROW line of the Glenwood Ditch; thence along said RDW line S, 34.12'16' W. 37.90 feet; thence along said ROW line S. 10.33' W. 336.84 feet to a point on the Easterly fenced ROW of the Red Canyon Road; thence along said fence S. 39°43'09" E. 50.17 feet; thence along said fence S. 04'17'17" W. 193.65 feat, more or less, to the point of beginning. EXCEPTING from Parcel B above those parcels conveyed by deeds recorded November 23, 1977 in Book 503 al Page 94 as reception No. 281963, and recorded January 4, 1970 in Book 504 at Page 513 as Reception No. 202684 41.52'36" 34'27'37" 33"01'56" E. 40.49 feet; W. 20.22 feet; E. 46.02 feat; 155.08 feet to.a point on the Westerly.. (*Please note: this legal description was taken from that certain warranty deed to William J. Inverse as Grantee, recorded January 2, 1991, in Book 796 at Page 293 as Reception No. 420064.) 1111K 11111 Reception: 740434 Oi/ 2f2ZOB 03:32:00 PM Joan Rlbericv 2 of 2 Flee Fee:SILO° Doc F°e,m.00 GARFIELD COUNTY CO ... EXHIBIT A' (To that certain Special Warranty Deed dated January 1, 2008, wherein William J. lnverso is Grantor and Red Canyon Plaza, LLC is Grantee) Parcel A A tract of land situate in the SW3/4NW4, Section 26, Township 6 South, Range 89 West of the 6th Principal Meridian, described as follows: Beginning at a point on the Northeasterly right of way line of State Highway No. 82 whence the West Quarter Corner of said Section 26 bears S. 27°04' W. 725.69 feet; thence N. 68'59'40" E. 327.27 feet: thence S. 17°05'30" W. 82.63 feet; thence 5. 68°59'40" W. 255.56 feet to a point on the Northeasterly right of way line of said highway; thence N. 28°45' W. 36.57 feet along said right of way line; thence N. 49°56'30" W. 32.88 feet along said right of way line to the point of beginning. Parcel 8 A tract of land in the Southwest 1/4 of the Northwest 1/4 of Section 26, Township 6 South, Range 89 West of the 6th Principal Meridian, further described as follows: Beginning at a point on the South side line of said SWiliNW$ Section 26, whence the west 1/4 corner of said Vection 26 bears N. 86°52'30" W. 491.74 feet; thence S. 86°52'30" E. 680.56 feet along said South aide line of said SWINA Section 26 to the Southeast corner of said SW1UW4 Section 26; thence N. 01°37' W. 1022.07 feet along the East side line of said SW1NWk Section 26 to a point on the centerline of the Red Canyon Road; thence S. 68"59'40" W. 541.91 feet to a point on the centerline of the Glenwood Ditch ROW; thence along a fence 6. 17°05'30" W. 82.63 feet to a fence corner; thence along a fence S. 68°59'40" W. 255.56 feet to a point on the ROW of Highway 62' thence along a fence S. 41°52'36" E. 40.49 feet; thence along a fence S. 34°27'37" W. 20.22 feet; thence along a fence S. 33°04'56" E. 46.02 feet; thence along a fence N. 67°13' E. 155.08 feet to.a point on the Westerly ROW line of the Glenwood Ditch; thence along said ROW line 5. 34°12'16" W. 37.90 feet; thence along said ROW line S. 10'33' W. 336.84 feet to a point on the Easterly fenced ROW of the Red Canyon Road; thence along said fence S. 39°43'09" E. 50.17 feet; thence along said fence S. 04`17'17" W. 193.65 feet, more or less, to the point of beginning. EXCEPTING from Parcel B above those parcels conveyed by deeds recorded November 23, 1977 in Book 503 at Page 84 as reception No. 281963, and recorded January 4, 1978 in Book 504 at Page 513 ae Reception No. 282684..: ('Please note: this legal description was taken from that certain warranty deed to Will J. inverse as Grantee, recorded January 2, 1991, in Book 796 at Page 293 as Reception No. 420064.) Certificate of Occupancy No. 5023 Building Department Garfield County, Colorado No change in the character of occupancy of a building shall be made without a Certificate of Occupancy -(UBC Sec. !09.1) This certificate is issued pursuant to the requirements of Section. 109.3 of the Uniform Building Code certifying that at the time of issuance, this structure was in compliance with the various codes adopted by the County regulating building construction or use for the following: Vete I. garage w% storage shave Use Classification (residential use) Building Permit No. 9229 Group U - 1 Type of Construction III - N Zone District Owner of Building Bill invex-so Address 3768 Highway 82 Glenwood Springs, OD. Building Address 3368 Highway 82 rzlenigoocl Springs; orality 2185--262-00-008 Contr.c -.� '" — Address Same as owner By Building Official Date January 6, 2005 Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of this code or of otber resolutions of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or of other resolutions of the jurisdiction stud] not be valid. ([TBC Sec. 109.I).. Enter Ve[low cetlls as a ro rime. Water Uses Number of Inverscl agl erce Units or Sq.Ft. 1 Avera e of 3.5 oeo le/Home @ 100 cd 1 1.00 Table 1 Red Canyon Plaza Water Requirement Calculations SUMMARY OF WATER USES - Red Canyon Plaza EQR per Unit Inverse oo s op 2_1 Avera e of one craftsman (c@ 35 pd. 1000 ommercial (3) Occupies Warehouse Space @ 105 gpd/1000 sq ft. 13640 4 Vacant Warehouse S ace 105 d11000 s . ft. 4000 irrigation - utdoor lawn (8) Total frri ated Acreage = 0.006 Total All Uses gpcd .- allons er ca ita er da . Dd = Mons er da 0.10 0.30 0.30 AF = acre feet EQR = Total Diversion (AF) 0.39 0.04 1.54 0.45 0.016 equivalent r 2.44 sidenlial unit Total EOR's 1.0 0.1 4.1 1.2 6.4 (1). Owner has an attached residence. One EQR provides full-time occupancy for an average of 3.5 people and requires 350 gallons of water. One EQR = 0.392 Ac.Ft. of water per year (350 gpd year-round). (2). Owner has 1000 sqft. woo.dshop that he uses periodically. (3) - (4) Owner leases space to various commercial users, Water use is calculated on the assumption that on average, the business will support 3 emp oyees per 1000 sq. ft. of space. Each employee uses approximately 35 gpd each. (5). Enter total irrigated area for all uses. At 5,800 ft. elevation the Basalt District assumes div of 2,74 AFlacre. For purposes of accounting, it is assumed that irrigation is 80% efficient. Total outdoor lawn irrigation at Red Canyon Plaza is 250 sq ft. Month January February March April May June July August September October November _Dezember Total Inhouse(AF) (1) inverse Resid Diversion nce Table 2 Red Canyon Plaza Monthly and Annual Water Demand All Values in Acre Feet (2) 0.03 0.03 0.03 0.03 0,04 0.04 0.04 0.04 0,03 0.03 0.03 0.03 C.0 0.00 0,00 0.00 0.00 0.01 0.01 0.01 0.01 0.01 0.00 0.00 0.00 Diversion Woodshop 0.39 0,06 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 C.U. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 T oral irrigation(AF) 0 02 0.04 0.01 0.00 Total Water (AF) 0.41 0.07 Total (EOR) 1.0 0 0.1 Col. (1) through Cal (3). = Total water use as calculated in Table 1distributed monthly. Col (4). = Sum of ail water uses (Cols. 1 through 3). Assumptions. In-house Use. Red Canyon Plaza uses a septiclleachfield system to treat its waste water. considered to be 15% of diversions (C.U. = 15°.x). Landscape Irrigation, Water demand = 2.74 AF/acre irrigated. Water consumption = 80% of diversions (80% efficient) 0.01 0.00 0.01 Commercial Water Use 17i Total Water Dema nc Diversion C.U. Diversion C.U. 0.17 0.03 0.21 0.03 0.15 0.02 0.19 0.03 0.17 0.03 0.21 0.33 0.16 0.02 0.20 0.03 0.17 0.03 0.21 0.03 0.16 0.02 0.20 0.0 0.17 0.03 0.21 0.03 0.17 0.03 0.21 0,03 0.16 0.02 0.20 0.03 0.17 0.03 0.21 0.03 0.16 0.02 0.20 0.03 0.17 0.03 0.21 0.03 1.99 0.30 2.42 0.36 0.00 0.00 0.02 0 0�; 1.99 0.3.0 2.44 028 5.3 6.4 12/1312013 Resource Engineering, Inc. For residential use depletions are File:1414 Red Canyon Plaza Dec. 215` 2013 To Glen Hartman Garfield County, Land use, application: EXHIBIT From: Ron Radtke / Green Essentials Medical / Red Canyon Plaza / 5 Hwy 82, Bill Inverso — Property Owner. Reference: Site, water use. To whom it may be concern: Presently, the property owner, Bill Inverso, is proceeding with acquiring an alternative water source for our grow operations within the space we currently occupy. Due to the time required for the formal application, and recent final approval of allocated water. Because our grow operation is 100% Organic, water consumption is minimal. We have estimated 300 to 350 gal. of water every other to every third day, to properly irrigate the size of plant we currently have. With this Green Essentials Medical will be using alternative temporary water sources over the next 120 days, commencing no later than the week of January 13th, they are: A. Acquire a trailer adequate to transport two (2) 325 gal tanks. B. Acquire two (2) 325 gal water tight and sanitized water tanks. C. Acquire a thermal blanket (water/moisture rated) to keep the water in the tanks from freezing at 10degs. . D. Acquire a water suction pump and hose to pump water from the tank to the interior water holding tank. 1. Water (potable) from a metered existing residential source: a. This is from my Son's home (Brain Radtke) located at 0345 Westbank Rd. GWS. 81601 b. He has owned this property since mid 2006. c. Prior to his ownership I, Ron Radtke, have owned this same property since 1986 d. There are no present restrictions on the use of this water. 2. The second water source is from property I have personally rented. a. It has an unrestricted water well source of potable water. b. The address is 2520 Lower River road, Old Snowmass, 81654 3. As an optional, emergency water source, Potable water can be obtained locally from independent water sources: They are: a. Culligan 1629 #A Delores Way Carbondale,970-963-2273 b. Rifle Creek Pure Water 708 Hywy 325,Rifle,625-5036 c. Thirsty Corp. 323 Park Dr. Glenwood Springs,945-8729 In closing, we both ( Ron Radtke & Bill Inverso) believe from the above five (5) water sources we have properly found several options to adequately cover and supply and temporarily address our water needs until the alternative permanent water source has been approved. Respectfully submitted, Ron Radtke