HomeMy WebLinkAbout2.0 BOCC Staff Report 06.22.1998REQUEST:
BOCC 6/22/98
PROJECT INFORMATION AND STAFF COMMENTS
Special Use Permit for a Office/Managers
residence as an accessory to a mini -storage
complex.
APPLICANT: Dale Eubank
LOCATION: A parcel of land located in a portion of
Section 36, T7S, R88W of the 6th P.M.;
located approximately 1.5 miles east of
Carbondale, off of County Road 100.
SITE DATA: 17.9 Acres
WATER: Well
SEWER: Individual Sewage Disposal System (ISDS)
ACCESS: County Road 100
EXISTING ZONING: Light Industrial
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site for the proposed office/managers residence is located in the Light Industrial district,
as designated on the Area I Land Use Districts Map, Garfield County Comprehensive Plan.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site is located approximately 1.5 miles east of Carbondale, on
the south side of CR 100. The proposed tract has CR 100 along the north side of the
lot, which had previously been used as a limestone processing facility . The
properties located in the area are generally large lots residential, agricultural
operations and light industrial uses.
B. Development Proposal: The applicant proposes to develop a mini -storage facility
with a 2,000 sq. ft. office/managers residence as an accessory use. The unit would
be an accessory to the mini -storage facility, which is a use by right in the I-2 zone
district The applicant presently proposes to develop 15,000 to 20,000 sq. ft. of mini -
storage area on approximately 3.3 acres of the site. (See application enclosed) A
well will provide domestic water and an ISD system will provide sewage treatment.
Access to the site will be from two existing access points to the site from CR 100.
III. MAJOR ISSUES AND CONCERNS
A. Zoning: The subject parcel is zoned I-2 and an office/manager residence is allowed
by Special Use permit in Section 3.12.033. The unit must be occupied by owner of
the facility or resident manager of the facility.
Section 5.03 of the Zoning Resolution sets forth the requirements that all special uses
must meet:
1] Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Environmental Health Officer shall
either be in place or shall be constructed in conjunction with the proposed use;
The application includes a well pump test on the existing well, that shows the well
is capable of providing production greater than 37.5 gpm.. Also included in the
application is a signed contract with the Basalt Water Conservancy district for 4.2 ac.
ft. of domestic water and 7.0 ac. ft. of commercial water. The well production and
contract, demonstrate that there is a legal adequate source of water for the proposed
uses.
2] Street improvements adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in
place or shall be constructed in conjunction with the proposed use;
Access to the lot is via County Road 100, an improved road designed to accomodate
industrial and residential traffic. The applicant projects an average of 140 vehicle
trips per day to the site. There does not appear to any conflicts with the County road
system, given the existing volume of traffic on the roadway.
3] Design of the proposed use is organized to minimize impact on and from adjacent
uses of land through installation of screen fences or landscape materials on the
periphery of the lot and by location of intensively utilized areas, access points,
lighting and signs in such a manner as to protect established neighborhood
character;
This provision is generally concerned with the aesthetics of development and the
application notes that all unloading and loading of material will occur on the site.
The new regulations, no screening or landscaping is required for the use. Given the
established character of the neighborhood, it is staffs opinion that the proposed land
use would not alter or degrade the neighborhood's aesthetic character.
IV. SUGGESTED FINDINGS
1. That proper publication and public notice was provided as required by law for the
hearing before the Board of County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were discussed within the
Special Use Permit application and the public hearing.
3. That the application is not in compliance with the Garfield County Zoning Resolution
of 1978, as amended.
4. For the above stated and other reasons, the proposed land use is not in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
V. RECOMMENDATION
Staff recommends approval of the application, with the following approval conditions :
1. That all proposals of the applicant, made in the application and at the public hearing,
shall be considered conditions of approval, unless specified otherwise by the Board
of County Commissioners.
2. That the office/managers residence shall adhere to all provisions of the Garfield
County Zoning Resolution of 1978, as amended. The unit shall be used only as an
accessory dwelling to the principal use of the property for industrial use.
3. That the office/managers residence and industrial operations shall adhere to the
following standards:
"One (1) dog will be allowed for each residential unit on this lot, and the dog shall
be required to be confined within the owner's property boundaries. Enforcement
provisions shall be developed for allowing the removal of a dog from the area, as a
final remedy in worst cases."
"No open hearth solid -fuel fireplaces will be allowed on this lot. One (1) new solid -
fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations
promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will
be allowed an unrestricted number of natural gas burning stoves and appliances."
"All exterior lighting shall be the minimum amount necessary and all exterior
lighting shall be directed inward, towards the interior of the lot. Provisions may be
madm;c20eat allow for safety lighting that goes beyond the property boundaries."
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APPLICATION
Special Use Permit
GARFIELD COUNTY PLANNING DEPARTMENT
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Telephone: 970.945.8212 Facsimile: 970.945.7785
Submittal Date:ateIL - Base Fee: $400
Applicant: 1 /Q. U balk lk IL
Address of Applicant: 411' leo SE Lh J CGl 430 vl cct i E / C C� Telephone: —887
Special Use Being Requested: D- r c 9/Ma Vi C{,f ti,-- ZtS l d cm c e (,u /j1-1 !rmi / ' STv`ua e
Zone District: Cl" �d US+Y 1C( ( Size of Property: / 7 acr.,S
Application Requirements: These items must be submitted with the application
1] Plans and specifications for the proposed use including the hours of operation, the amount of vehicles
accessing the site on a daily, weekly and/or monthly basis. and the size of any existing or proposed
structures that will be utilized in conjunction with the proposed use. Please submit this information
in narrative form and be specific.
2] If you will be using water or will be treating wastewater in conjunction with the proposed use, please
detail the amount of water that would be used and the type of wastewater treatment. If you will be
utilizing well water, please attach a copy of the appropriate well permit and any other legal water
supply information, including a water allotment contract or an approved water augmentation plan.
3] A map drawn to scale portraying your property, all structures on the property, and the County or State
roadways within one (1) mile of your property. If you are proposing a new or expanded access onto
a County or State roadway, submit a driveway or highway access permit.
4] A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map
will suffice.
5] A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private
landowners adjacent to your property. Include a list of all property owners and their addresses.
6] Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the
property owner, you must attach an acknowledgment from the property owner that you may act in
his/her behalf.
7] For all applications pertaining to airports, the oil and gas industry, power generation and/or
transmission industry, or any other classified industrial operation, you must submit an impact
statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, inclusive;
and 5.03.08, inclusive.
The consideration of this proposed Special Use will require at least one (1) public hearing, for which public
notice must be provided. The Planning Department will mail you information concerning this hearing(s),
approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return
receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a
newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the
public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and
publication mu•e submitted at the time of the public hearing.
The info
Applicant:
Si applicat • , is complete and correct, to the best of my knowledge:
Date:
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AGRICULTURE/ RESIDENTIAL/ RURAL DENSITY
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ZONE DISTRICT MAP
PROPERTY OWNERS ADJACENT TO
DALE EUBANK LIGHT INDUSTRIAL PROPERTY
Collected from the Garfield County Assessors Office on May 8, 1998
#2393-354-00-054
Mid -Continent Coal & Coke Company
P.O. Box 790
Glenwood Springs, CO 81602-0790
#2393-363-00-009
Gaerbaz, Nile & Dennis
1265 Co. Rd. 100
Carbondale, CO 81623-9530
#2463-011-00-016
Coffman, Rex A. & Joann G.
1937 Co. Rd. 100
Carbondale, Co 81623-9532
#2463-011-00-017
Carbondale Corporation
1873 S. Bellaire St., Ste. 1700
Denver, CO 80222-4360
Roring Fork Railroad Holding Authority
530 East Main St., Ste. 301
Aspen, CO 81611
LAND DESIGN PARTNERSHIP
918 Cooper Avenue, Glenwood Springs, CO 81601
970-945-2246 / Fax 970-945-4066
May 9, 1998
Eric McCafferty, Planner
Garfield County Planning Department
109 Eight Street
Glenwood Springs, CO 81601
Re: Special Use Permit - Office/manager Residence for Mini Storage Facility
Light Industrial Zone District
Dear Eric:
Attached please find the application form, check for the application fee and the plans
and supplemental information required for application for a Special Use Permit.
Specifically, a Special Use Permit is being requested for an Office /Manager's
residence as a use associated with a mini -storage facility as is required by the recent
amendment to the Light Industrial Zone District. This application is submitted on behalf
of Dale Eubank who owns a 17.6 acre tract of land zoned Light Industrial located
approximately 1.5 miles east of Carbondale, adjacent to and south of the railroad right-
of-way.
The mini -storage use, itself, is a Use By Right in the Light Industrial Zone District and is
not the subject of the requested special use permit. The information provided with this
application is primarily directed at the implications of the addition of a residential use
on the site. However, for the general understanding of the project we have provided
some descriptive information regarding the proposed mini -storage facility.
The site has a previous history of industrial uses and currently has one small structure
occupied on the lower terrace in the northwest corner of the property. This lower
terrace is anticipated to accommodate a mixture of light industrial use. Approximately
2.5 acres of useable land in the northeasterly corner of the property is proposed for
mini -storage use. This area of the site had been graded and used in conjunction with
the previous limestone operation on the property. As shown on the attached site plan,
approximately 3.3 acres of the total site have been allotted to the m ni-storage use.
Possible Phase 1 mini -storage building footprints are shown on the attached site plan
as dashed lines. These building configurations may change before an application is
made for building permit.
At this time the initial phase of mini-storage construction is proposed 1:o include 15,000
to 20,000 square feet of storage space and the Office/Manager's residence. Phase I
construction is projected for this summer. If a final analysis of the storage market
warrants, the total square footage of storage space in Phase I may be expanded. Only
one office/residence is proposed for the property.
There are two existing drives accessing the site. One centrally located and a second at
the northwest corner of the property. No new county road accesses are required for
the proposed facility. The existing central drive will serve the mini-storage facility with
the office/residence located immediately southeast of this access. At this location, the
ingress and egress activities of the mini-storage facility can be easily monitored. At
build out of the mini-storage facility, average vehicular traffic in and cut of the site is
projected to be 140 trips per day including traffic generated by the managers residence.
This traffic will access the site through an existing driveway from County Road 100 and
across the railroad right-of-way. The Manager's Office will be open for normal business
from 8:00 A.M. to 5:00 P.M. but patrons will have access to the storage facility for
extended hours through the use of personal security systems.
The office/residence structure is proposed to have approximately 1,000 square feet of
office space and 1,000 square feet of restroom, storage space and mechanical
equipment space on the lower level. The lower level storage space will serve the mini-
storage operation and also provide storage space for the residence. The upper level
will contain approximately 2,000 square feet of residence plus an attached garage.
Five parking spaces for patrons of the mini-storage facility are located adjacent to the
office along the primary access drive. The five spaces are based on one space per
every two hundred feet of office space. There is also an extended length parallel
parking space to accommodate trucks and trailers. The site plan shows a "Restricted
Egress" from the secured area of the mini-storage site which is intended to provide an
alternative exit for oversized vehicles and emergency vehicles.
All storage functions at the mini-storage facility will be enclosed. Nc outdoor
operations or storage are proposed at the mini-storage site. Loading and unloading
into and out of storage units will occur on the site. Under these conditions no
screening or landscape screening is required as defined by Section 3.12.08 of the Light
Industrial Zone District. The development of the site, because of its previous use, will
not displace wildlife habitat or affect migration routes. Activities at the mini-storage site
will not emit dust, glare, noise or other objectionable emissions from the site nor will
explosive or hazardous materials be stored at the site. Although not of issue to this
special use permit application, I would point out that the mini-storage operation creates
non of the concerns that are the subject of the Industrial Operations (Section 5.03.07)
or the Industrial Performance Standards (Section 5.03.08) sections of the Garfield
County Zoning Resolution.
An existing well located in the northeast corner of the property will provide domestic
water service to the residence and other light industrial uses on the property.
Samuelson Pump Company, Inc. tested the production of the well at an excess of 37
gallons per minute. Raun Samuelson's pump test report is attached herewith.
Attached also is the well permit for this well along with the contract wii.h Basalt Water
Conservancy District that provides legal water rights protection.
An ISDS (Individual Disposal System) for the office/residence will be located to the
northeast of the structure and is composed of a septic tank and leach field as shown on
the attached site plan. The tank and leach field shown on the site plan are sized to
accommodate a four bedroom home and a restroom in the office. If a replacement
leach field is ever needed, it could be located on the hillside south of the
office/residence.
Please give me a call if you have any questions or require any additional information.
Sincerely,
Ronald B. Liston
COUNTY ROAD 100
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SAMUELSON PUMP CO. INC.
P.O. BOX 297
GLENW000 SPRINGS
COLORADO 81602
Dale Eubank
498 Rose Lane
Carbondale, Co. 81623
WATER SYSTEMS
SALES, SERVICE & INSTALLATION
945-6309
July 11, 1997
Attn; Dale Eubank
On July 31, 1997 a well test was conducted on a new well
on County Rd 100. The following information was obtained;
Well Depth
Casing size (top)
Total test time
Standing water level 9'-1/2"
Drawdown to 35'-4"
Production is greater than --37.5 gpm
Hardness 20 grains/gal.
Iron 0.6 mg/1
pH 7.5
145'-0"
7"(steel)
24 hrs.
This test was conducted with a 2 hp. Gould submersible
Model 18E20412. The well recovered back to 9'-5" in 35 Min.
The drawdown would indicate that this well has a total production
much greater than the pumping rate of the test. The water quality
seems to reasonable and could be treated with a softner. If
you have any questions please call me Raun Samuelson at 945-
6309.
Sincerely;
Raun Samuelson
COLORADO DIVISION OF WATER RESOURCES
DEPARTMENT OF NATURAL RESOURCES
1313 SHERMAN ST., RM. 818, DENVER CO 80203
phone - info: 0031 866-3587 main: (3031888-3581
IENERAL PURPOSE
9oase Dote: other forme ars available for rpac(flc uses including- reekteatial,
Review instructions prior to completing form
1. APPLICANT INFORMATION
line er appease
e
Dale Eubank LLC
Water Well Permit Application
livestock, taoeiturisglabsery-, grovel pits, registration of old wells)
Must be compkted in black ink or typed
6. USE OF WELL (please attach damned description)
Radial monies
0498 Rose Lane
INDUSTRIAL tf OTHER: Domestic
1 COMMERCIAL
MUNICIPAL
IRRIGATION
FEED LOT -- number of head:
city
Carbondale
State
co
aeti Coda
81601
Tehpawr a magma Gude mm. ondef
(910)953-3201
2. TYPE OF APPLICATION (check applicable Pox(es)/
1r Construct new wail
Replace existing well
Change (source) Aquifer
Other:
Use existing well
Change or increase Use
Reapplication lespired permit)
3. REFER TO Elf applicable):
7. WELL DATA
fftardreese sweorw ins
75 gpm
Amami amount
11.2 acre -fest
140 feet
8. LAND ON WHICH GROUND WATER WILL BE USED
A. LEGAL DESCRIPTIon lttvy he provided as ALM easthmsaLk
Same as 5.
lit used for crop irrigation, attach scaled map that shows
irri a aced area./
IP/Mr court nese
Rennie #
N/A
IL. ! acres
17.6
C. Owner
Dale Eubank LLC
Emergency Verbal x
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'hardening hole ackrrow udg sent i
MH- 31337
D. list sow otter walls or sorts tights mad on this farts:
eta name of S
Dale Wen
9. PROPOSED WELL DRILLER topttonall
4. LOCATION OF WELL
County
Garfield
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Section
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Range E w W
88 a d
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6th
Distance of we. burn section !Inas
650 ft from ❑ N 1 S 1.750 ft from DE IW
Wall location address. If dilhnun tram appItant Nedra= Of appfiuhtel
For replacement wails may - dbtance and dractlom from aid wed to new well
feet direction
5. 'TRACT ON WHICH WELL WILL BE LOCATED
Nage
Shelton DnIfin$ Co
10. SIGNATURE of IsppI cental or authorized agent
The making of false statements herein constitutes perjury
fn the second degree, which is purtiahab)e as a cfass 1 mis-
demeanor pursuant to C.R.S. 24-4-104(131(a1. (have read
the statements herein, know the contents thereof. and state
tha>;.thay are true to my knowledge.
Lichee nunteer
0PTIONAL INFORMATION
/41,C1-5-4d-
4 LEGAL DESCRIPTION (may be provided es en sttachmentl:
77.5 acres located in the SE % S W % , Section 35
Township 7 South. Range 88 West., 6'" P.M. (See attached)
oma name
Dtent map no.
Srwese. now.
S. STATE PARCEL
IDS (etrtloedL-
C. r ..... 101 r-+. V. Y+...w'
17.6 Dale Eubank LLC
E. Wt1I this be tete only well on fids tract?
1 YES o NO of other wells are on this tract, see instructions)
Office Ude Only
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EXHIBIT "A"
A tract of Iand situate in the SW1/4 of Section 36, Township 7 South, Range 88 West of the 6th
P.M., more particularly described as follows:
Beginning at a point whence the WIC corner to the S114 corner of Section 36
bears S. 69°45'00" E. 961.91 feet; thence S. 90.13 feet; thence S. 79°17'00" E.
97.63 feet; thence N. 82°30'00" E. 52.93 feet; thence N. 66°14'00" E. 31.76
feet; thence S. 632.72 feet; thence N. 89°24'40" W. 661.35 feet; thence N.
52°22'351: W. 708.14 feet; thence N. 300.00 feet to the South R.O.W. of the
D&RGW RR; thence East 1060.00 feet; thence S. 40.00 feet; thence W. 15.00'
to the Point of Beginning, containing approximately 17.60 acres.
Garfield County, Colorado
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CONTRA CT . CONTINACT NAME
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BASALT WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT NO. 304
Pursuant to C.R.S. 1973, 37-45-131
Dale Eubank, LLC (hereinafter "Applicant") has applied to the Basalt Water
Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado,
organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-45-101, et
ma., for an allotment Contract for beneficial use of water rights owned, leased, or hereafter
acquired by the District. By execution of this Contract, Applicant agrees to the following terms
and conditions:
1. QUANTITY: In consideration of the covenants and conditions herein contained,
Applicant shall be entitled to receive and apply to beneficial use 0.167 cubic feet of water per
second from the District's direct flow rights anti 11.2 acre feet per year of storage water owned
or controlled by the District.
2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this
Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal,
Stockman's Ditch Extension, or other decrees or water rights hereafter acquired by the District,
including the District's contractual right to receive storage water from Ruedi Reservoir. The
District shall have the right to designate the water right or Decree of the District from which the
Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water
rights shall be subject to any and all terms and conditions imposed by the Water Court on the
use of the District's said rights. Exchange releases made from the District's storage rights in
Ruedi Reservoir or other works and facilities of the District shall be delivered to the Applicant
at the outlet works of said storage facility and release of water at such outlet works shall
constitute full performance of the District's delivery obligation. Delivery of water from the
District's storage rights in Ruedi Reservoir shall be subject to the District's lease Contract with
the United States Bureau of Reclamation and any rules and regulations promulgated pursuant
thereto.
3. PURPOSE AND LOCATION OF USE: Applicant will use the waters herein
granted for beneficial purposes limited to the augmentation of existing and future wells and other
water sources, within or through facilities or upon lands owned, operated, or served by
Applicant, which lands are described on Exhibit "A" attached hereto; provided that the location
and purpose of Applicant's use of said water shall be legally recognized and permitted by the
applicable governmental authority having jurisdiction over the property served. Applicant's
contemplated usage for the water allotted hereunder is for the following use or uses:
4Z acre feet Domestic
7.0 acre feet Commercial
Applicant acknowledges that usage of the District's water rights as herein contemplated
shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right
to use certain waters. It is acknowledged that certain locations within the District may not be
susceptible to service solely by the District's water rights allotted hereunder or the District's said
water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot
be achieved by use of the District's allotted water rights, or in the event said service is
inadequate, Applicant may, utilize such other water rights, by way of supplementing the
District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable
for Applicant's intended purpose or purposes. All lands, facilities and areas served by water
rights allotted hereunder shall be situated within the boundaries of the District. The District
reserves the exclusive right to review and approve any conditions which may be attached to
judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant
agrees to defray any out-of-pocket expenses incurred by the District in connection with the allot-
ment of water rights hereunder, including, but not limited to, reimbursement of legal and
engineering costs incurred in connection with any water rights adjudication necessary to allow
Applicant's use of such allotted water rights; provided, however, in the event any such
adjudication involves more of the District's water rights than are allotted pursuant to this
Contract, Applicant shall bear only a pro -rata portion of such expenses. Applicant shall be
solely responsible for providing works and facilities, if any, necessary to utilize the District's
water rights allotted hereunder for Applicant's beneficial use.
Water service provided by the District shill be limited to the amount of water available
in priority at the original point of diversion of the District's applicable water right and either
the District, nor those entitled to utilize the District's decrees, may call on any greater amount
at new or alternate points of diversion. The District shall request the Colorado State Engineer
to estimate any conveyance losses between the original point and any alternate point and such
estimate shall be deducted from this amount in each case. The District, or anyone using the
District's decrees, may call on any additional sources of supply that may be available at an
alternate point of diversion, but not at the original point of diversion, only as against water
rights which are junior to the date of application for the alternate point of diversion.
In the event the Applicant intends to develop an augmentation plan and institute legal
proceedings for the approval of such augmentation plan to allow the Applicant to utilize the
water allotted to Applicant hereunder, the Applicant shall give the District written notice of well
intent. In the event the Applicant develops and adjudicates an augmentation plan to utilize the
water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or
engineering expense of the District incurred by the District for the purpose of developing and
adjudicating a plan of augmentation for the District_ In any event, the District shall have the
right to approve the Applicant's augmentation plan and the Applicant shall provide the District
copies of such pian and of all pleadings and other papers filed with the Water Court in the
adjudication thereof.
4. PAYMENT: Applicant shall pay annually for the water service described herein
at a price to be fixed annually by the Board of Directors of the District for such service.
Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a
notice from the District that the payment is due. Said notice will advise the Applicant, among
other things, of the water delivery year to which the payment shall apply and the price which
is applicable to that year. If a payment is not made by the due date, written notice thereof will
be sent by the District to the Applicant at Applicant's address set forth below. If payment is not
2
made within thirty (30) days after said written notice, the District may, at its option, elect to
terminate all of the Applicant's right, title, or interest under this Contract, in which event the
water right allotted hereunder may be transferred, leased or otherwise disposed of by the District
at the discretion of its Board of Directors.
In the event water deliveries hereunder are made by or pursuant to agreement with some
other person, corporation, quasi -municipal entity, or governmental entity, and in the event the
Applicant fails to slake payments as required hereunder, the District may, at its sole option and
request, authorize said person or entity to curtail the Applicant's water service pursuant to this
Contract, and in such event neither the District nor such persons or entity shall be liable for such
curtailment.
5. APPROPRIATION OF _FUNDS: The Applicant agrees that so long as this
Contract is valid and in force, Applicant will budget and appropriate from such sources of
revenues as may be legally available to the Applicant the funds necessary to make the annual
payments in advance of water delivery 'pursuant to this Contract The Applicant will hold
harmless the District and any person or entity involved in the delivery of water pursuant to this
Contract, for discontinuance in service due to the failure of Applicant to mountain the payments
herein required on a current basis.
6. DENEELT OF CONTRACT: The water right allotted hereunder than be
beneficially used for the purposes and in the manner specified herein and this Contract is for the
exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or
Lessee of said Applicant without the prior written approval of the Board of Directors of the
District.
In the event the water right allotted hereunder is to be used for the benefit of land which
is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest
by two (2) or more uses of the water right allotted hereunder, ttie Applicant may assign the
Applicant's rights hereunder only to a homeowners association, water district, water and
sanitation district or other special district properly organized and existing under and by virtue
of the laws of the State of Colorado and then only if such association or special district
establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and
authority to assure its performance of the Applicant's obligations under this Contract. In no
event shall the owner of a portion, but less than all, of the Applicant's property to be served
under this Contract, have any rights hereunder, except as such rights may exist through a
homeowners association or special district as above provided. Any assignment of the
Applicant's rights under this Contract shall be subject to and must comply with such
requirements as the District may hereafter adopt regarding assignment of Contract rights and the
assumption of Contract obligations by assignees and successors, provided that such requirements
Shall uniformly apply to all allottees receiving District service. The restrictions on assignment
as herein contained shall not preclude the District from holding the Applicant, or any successor
to the Applicant, responsible for the performance of all or any part of the Applicant's covenants
and agreements herein contained.
3
7. OTHER RULES: Applicant's rights under this Contract shall be subject to the
Water Service Plan as adopted by the District and amended from time to time; provided that
such Water Service Plan shall apply uniformly throughout the District among water users
receiving the same service from the District. Applicant shall also be bound by the provisions
of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board
of Directors of the District, the plumbing advisory, water conservation, and staged curtailment
regulations, if any, applicable within the County in which the water allotted hereunder is to be
used, together with all amendments of and supplements to any of the foregoing.
8. CURTAILMENT QP USE: The water service provided hereunder is expressly
subject to the provisions of that certain Stipulation in Case No. 80 CW 253 on file in the District
Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the
possible curtailment of out -of -house municipal and domestic water demands upon the occurrence
of certain events and upon the District giving notice of such curtailment, all as more fully set
forth in said Stipulation.
9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into
an "Operation and Maintenance Agreement" with the District if and when the Board of Directors
finds and determines that such an agreement is required by reason of additional or special
services requested by the Applicant and provided by the District or by mason of the delivery or
use of water by the Applicant for more than one of the classes of service which are defined in
the Rules and Regulations of the Board of Directors of said District. Said agreement may
contain, but not be limited d to, provision for water delivery at times or by means not provided
within the terms of standard allotment contracts of the District and additional annual monetary
consideration for extension of District services and for additional administration, operation and
maintenance costs, or for other costs to the District which may arise through services made
available to the Applicant.
10. CHANGE OF USE: The District reserves the exclusive right to review and
approve or disapprove any proposed change in use of the water right allotted hereunder. Any
use other than that set forth herein or any lease or sale of the water or water rights allotted
hereunder without the prior written approval of the District shall be deemed to be a material
breach of this Contract.
11. PRIOR RESOLUTION: The water service provided hereunder is expressly
subject to that certain Resolution passed by the Board of Directors of the District on September
25, 1979, and all amendments thereto, as the same exists upon the date of this application and
allotment Contract.
12. NO FEE E: It is understood and agreed that nothing herein shall give the
Applicant any equitable or legal fee title interest or ownership in or to any of the water or water
rights of the District, but that Applicant is entitled to the right to use the water right allotted
hereunder, subject to the limitations, obligations and conditions of this Contract.
13. cONSERYATION PRACTICES: Applicant shall implement and use commonly
accepted conservation practices with respect to the water and water rights allotted hereunder and
shall be bound by any conservation plan hereafter adopted by the District, as the same may be
amended from time to time.
14. WELL SPACING REOUIRFMENTS: Applicant must comply with the well -
spacing requirements set forth in C.R.S. §37-9O-137, as amended, if applicable. Compliance
with said statutory well -spacing criteria shall be an express condition of the extension of service
hereunder, and the District shall in no way be liable for an Applicant's failure to comply.
15. RECORDING OF MEMORANDI,TM: In lieu of recording this Water Allotment
Contract, a Memorandum of Water Allotment Contract will be recorded with the Garfield
County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by
Applicant.
Applicant's Address:
c/o Patrick & Stowell, P.C.
205 S. Mill Street, Suite 300
Aspen, CO 81611
STATE OF 2.41/0"(10_ )
COUNTY OF62/4,-/a ) ss
Subscribed and sworn to before me
by Dale Eubank.
this
By:
APPLICANT:
bank, LLC
Dale Eubank, Manager
if -Ay of
WITNESS my hand and official seal.
My commission expires: -r.-06,/
5
, 1997,
r; //40/47
Notary Public
ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT
DALE E[JBANK, LLC
CONTRACT NO. 304
Application having been made by or on behalf of Dale Eubank, LLC and hearing on
said Application having been duly held, it is hereby ordered that said Application be granted and
that the attached Water Allotment Contract for 0.167 cubic feet of water per second from the
District's direct flow rights and 11.2 acre feet per year of storage water owned or controlled by
the District, with 4.2 acre feet allocated to Domestic use and 7.0 acre feet allocated to
Commercial use, is hereby approved and executed by and on behalf of the Basalt Water
Conservancy District, for the beneficial use of the water allotted in the attached Contract, upon
the terms, conditions and manner of payment as therein specified and subject to the following
specific conditions:
1. In the event of the division of the property served by this Contract into two (2)
or more parcels owned by different persons, the Applicant shall establish a Homeowners
Association or other entity acceptable to the District for the ongoing payment of charges dune
under the approved Contract following subdivision of the property described in the Application
on file with the District and the Applicant shall give notice to purchasers of all or any part of
the subject property of the obligation of this Contract, and shall record such notice in the records
of the Clerk and Recorder of Garfield County, Colorado. Applicant and his successors and
assigns shall comply with all rules and regulations now existing or hereafter adopted by the
District to enforce payment of charges due under the approved Contract by present and future
owners of all or any part of the real property served under this Contract.
2. The Applicant shall provide the District proof that the proposed land use of the
land to be benefitted by the water allotted hereunder has been approved by the applicable
governmental authorities having jurisdiction over such land use, including evidence satisfactory
to the District that each lot or parcel to be benefitted hereunder is legally subdivided.
3. By acceptance of this Contract, Applicant acknowledges that within two years of
the date hereof or such later date as the District may approve, the Applicant shall file with the
Water Court of Water Division No. 5 a water rights plan of augmentation for utilization of water
allotted hereunder at the location and for the purposes hereinabove set forth or the Applir rut's
water allotment as provided in this Contract shall be included in a water rights plan of
augmentation to be filed by the District with the expenses thereof to be shared prorata by the
Contract holders included in such plan; provided that inclusion of the Applicant's water
allotment in the District's plan of augmentation shall be at the District's sole discretion. The
District may establish an augmentation plan fee to be paid by the holder of any Contract to be
included within a plan of augmentation to be filed by the District, which fee shall be payable in
advance of the inclusion of such Contract in a District plan of augmentation and may be based
on the District's good faith estimate of the anticipated expense of such plan of augmentation.
If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorate
portion of the actual expenses incurred by the District in completing said plan of augmentation,
the District shall refund such excess to the Contract holder.
-1-
4. Thus Contract is conditioned upon and water may be delivered hereunder only in
conformity with a water rights plan of augmentation decreed by the Water Court of Water
Division No. 5 in Case No. 95CW333. Any and all conditions imposed upon the release and
diversion of the water allotted hereunder in the decree of said Water Court shall be incorporated
herein as a condition of approval of this Contract. Granting of this Allotment Contract does not
constitute the District's representation that the Applicant will receive a well permit or water
rights decree for the land to be benefitted hereby.
5. If Applicant intends to divert water through a well or wells, Applicant shall
provide the District a copy of Applicant's valid well permit for each such well before the District
is obligated to deliver water for the benefit of Applicant hereunder. Applicant must comply with
the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable.
Compliance with said statutory well -spacing criteria shall be an express condition of the
extension of service hereunder, and the District shall in no way be liable for an Applicant's
failure to comply.
6. The Applicant has acknowledged that the laud to be benefitted by the attached
Contract is described. on Exhibit "A" attached hereto and incorporated herein by this reference.
Approved this ? day of be ca
Attest:
By:
Barbara Mick - Secretary
, 1997.
BASALT WAl ER CONSERVANCY DISTRICT
By: J'r.7,1, atf
-2-
EXBIBIT "A"
Section 36: A tact containing 17.60 acres is Section 36
Inkicorner to the S 114 coma of Section 36 bests S. 69'4S'0O 96.916 theaceet pointw hence3'; the VVI S.
79'17'0011 E. 97.63'; thence N 8«''30'00" E. 52.93'; thane N. 66'14'00* E. 31.76'; Bunce S.
632.72'; thence N. 89'24'40" W. 66135; thence N. 52`22'35': W. 708.14; dunce N. 300.00' to
the S. R.O. W. of the D&RQw RR; the Ely 1060.00'; thence S. 40.001; thence W. 1100' to the
P.O.B.
MEMORANDUM
TO: DAN KERST AND BWCD BOARD MEMBERS
FROM: PAUL BUSSONE, RESOURCE
RE: BWCD WATER SERVICE APPLICATION
DATE: DECEMBER 8, 1997
FILE: 033-7.0
Applicant Name:
MR. DALE EUBAIVK
Type of Use: Domestic, Commercial X
industrial X Agricultural
MINI -STORAGE
Amount: 1 L Z� AF 07/17.0 af commercial, 4.2 af domestic
CFS 75 (gpm}
Location: Area A � Area B Inclusion
Mid Valley Metro District Notice Required? Yea
Nom,
Comments: The proposed development is a 20 acre
parcel along county road
between Carbondale end Catherine Store which willinclude a s single family
dwelling,1.5 acres of landscape, a mini -storage building and two office/warehouse
buildEngs. The amount requested Is a diversion amount. however, the applicant will
apply for a plan for augmentation In the near future.
Estimated s'
Use
Mini Storage
Single Family
Public Bathroom
Office Warehouse
Future WarehOUap
Landscaping 1.5 Ac
TUTA
ar of units
1
1
2
1
1
1
M EQR/unit
0.867
1
0.333
16.667
1.667
11.185
Total Acreage
Total GPD in Summer (including irrigation).
Total GPD In Winter (excluding 1r(pstlony
Estimated Flak Demand
Usr r of units
nlStorage
Single Family
Public Bathroom
Office Warehouse
Future Warehouse
Landscaping 1.5 At
TOTALS
c GPD in Summer mer (including irrgahon)=
GPD in Winter (excluding irrigaban�
S EQRJrudt
1 .867
1 t000
2 0.333
1 16.667
1 1.867
1 11.185
WATER DEN1AfS:IS FOR PROPOSED EUBANK DEVELOPMENT
FEE hlgtartboi&io038.w62
TOTAL DOR 1 TOTAL
84 FL GPOJSF TOTAL GPD AFIrsa ! ANNUAL AF
0.667 100000 0.0020 200 0.018 0.221
1.000 2500 0.120 300 0.028 0.332
0.867 200 0.016 0.121
16.667 25000 0.200 5000 0.461 5.528
1.667 2500 0.200 500 0.048 0.553
11.185 85340 0.103 6711 0.618 3.705
11.851 156340 10.560
4.414
12911
6200
aoreS
gpd
gpd
OS . FL GPGISF
Estimated Dtpfela+ta
Use
Mint tcrage
Single Family
Public Bathroom
Office Warehouse
Future Warehouse
1.8 Ac
fernmary
2500
25000
2500
85340
194140
68866
18800
0.120
0.200
0200
0.103
gpd
DELIVER!@a DEPLETIONS
ANNUAL AF ANNUAL AF NOTES
0221 0.221 Assumed 100% Deple
0.332 0.050 15% of ()Muerte*
0.2.21 0.033 16% of Deliveries
5.526 0.629 15% of Deivertes
0.553 - 0.083 15% of Deliveries
3.703 3.130 CU of Posture Grasses ter Ari
10.580 4-111)
ECR'8
rota! Required Depletions
'otai Dry -up Required
31.851 EOFts
10.560 Ac-ft/yr
4.368 Ac-tllyr
2.079 Aces -
TOTAL GPO Peak Factor
200 3.000
300 3.000
200 3.000
6000 3.000
500 1000
8711 3.001
TOTAL
PEAK Capt)
600
900
600
15000
1500
20132
PEAK 4FTdby
0.0018
0..0028
0.0018
0.0481
A0048
0.0618
Historic Consuatpbve Use
Historic CLJ - 2.100 Ac-ft/ac
IMTES:
One EOR is assumed to serve 3 people each using 100 gpd per person.
It is assumed thal'the only consumption associated with the mini-e,(orag8 will be for the
Landscaping Irrigation assumed for six months out of the year yn 6efficiency 3% irrlga5on single iss fflintily2.47 ac-ft/ac.
Page: 3/3
Gale: December 2. 1997
Completed b Bead Reaounba Management
KKM
MUST BE TYPED
FILING FEE: $50.00
WIUST SUBMIT TWO COPIES
Please include a typed
self-addressed envelope
Mail to: Secretary of State
Corporations Section
1560 Broadway, Suite 200
Denver, CO 80202
(303) 894-2251
Fax (303) 894-2242
ARTICLES OF ORGANIZATION
For office use only
FILED Cufy
941089044 $50.00
SOS 08-10-94 08:30
I/We the undersigned natural person(s) of the age of eighteen years or more, acting as organizer(s) of a limited liability
company under the Colorado Limited Liability Company Act, adopt the following Articles of Organization for such limited liability
company:
FIRST: The name of the limited liability company is
DALE EUBANK LLC
SECOND: The limited liability company is organized for Any Legal and Lawful Purpose Pursuant to the Colorado Limited
Liability Company Act. A more specific purpose may. be stated:
THIRD: The street address of the initial registered office of the limited liability company is: 0498 ROSE LANE,
CARBONDALE, CO 81623
The mailing address (if different from above) of the initial registered office of the limited liability company is:
The name of its proposed registered agent in Colorado at that address is DALE EUBANK
FOURTH: The management is vested in managers, nember,�(circle one)
FIFTH: The names and business addresses of the initial manager or managers or if the management is vested in the
members, rather than managers, the names and addresses of the member or members are:
NAME
DALE EUBANK
SIXTH: The name and address of each organizer is:
NAME
DALE EUBANK
Signed
Jrganiz-r
spiK
ADDRESS (include zip codes)
0498 ROSE LANE, CARBONDALE, CO 81623
ADDRESS (include zip code)
0498 ROSE LANE, CARBONDALE, CO 81623
Signed_
Organizer