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DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Ptan Miscellaneous Plat(s) '~' ~„ f ~ ~„•~~,' 2463-234-00-001 :_~,;~ 8/31(2005 1-(',1' pIE~; 7q G4$E .,,.'Jelinek Lotl4W GMOS Competitionfor New Subdivision Lots PLNR: Suznnne Wolff PFlDJA1~1F$ 4303 Prince Creek Rd GY~AN?p, Richard Jehnek ~. AD . PO Box 1375 ; gspen, CO 81612 PHN: 920-9126 Doug 8 Julie Prntte ~~-:. p0 Bax 107 ',~'r.,?. ~~~~• j2: Basalt CO 81621 Pfip! 927-3690 :..', r-: .:, $4392 4392#20 47 ,. ,;., 18 '-...v :. `.: 5`.`'x':~";1;,:+. .: :~~:': ;-:5~:~~c ice:; ,!.y' -~, .. ., '}C GIVER: 216 _ Division of Wildlife. Crystal River Caucus, Carbondale Fire 's~ ' ~'-^`, ~~~, ,,,,,. 1017/2005: .'~. ~ J Ta for ..,.., -.., ... -v~. '. ', a :.' r. -'..>.....'; .:.; .1 . ~. ~~ Dt~,t 10/26/2005 , ., .:: .. .:. .c .:.} .. ..' BOCC F: Yes 2/5/2006 3/ =~:; ~;'~~ ... .- ~,'.;. .!'. , '. ~" 021-2006#522162 / 0 ,. "~ 12/13/2005 P&Z ~ Yes ~ 11/13/2005' ~~ ~ ' ~~- ` Oiii: "` ' ~ ' ' ~ reso 005-2006 #520691// ~ ~~ " ~ - ---- PY: 02-2005 #519445 HRG OFF: 1 O(.175L-°O: 4/27/2006 6Y:, 61 HO INDEX: ~-"` . :~• g.r3,.~4~ ~~.,~,. 3/6/2006, 12/15/2024 RLi6: GMOS Competition ~ TYP5: . ' .~ ~~ _, -,r _~ ~~ t~ s~~~~~~c tza'au>~"`f + uonshelf... ..;..._~. # t Y~ / t Y ~.~+ ~ ° :: • } ly t i ~ y„e 4 !~ y,r„ri Y ~ ~ ( ` $ t t n r pa ..a-~... rat ~3= ~~' tX ~' .. ': .'. '..u'.. .., :'.. .. :.: ~~ . ~ ! RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING AN EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR CII2 6 RANCH, LLC AND RICHARD JELINEK FOR THE GROWTH MANAGEMENT ALLOTMENTS FOR LOTS lOW AND 14W OF THE CRYSTAL ISLAND RANCH Resolution No. ~-2006 RECTTALS I . C1R 6 Ranch, LLC and Richard Jelinek ("Applicant") have applied to the Pitkin County Board of County Commissioners ("BOCC") to request an extension of vested rights such that the vested rights associated with the recently granted growth management allotments for Lots l OW and 14W would coincide with the vested rights granted to the Crystal Tsland Subdivision, which expire on December 15, 2024. 2. The lots are located off of Thomas Road, and are described as Lots l OW and 14W, Crystal Island Ranch Subdivision/PUD. 3. The lots are zoned RS-30/PUD. Lot IOW contains 10.827 acres and Lot 14W contains 8.86 acres. 4. The BOCC allocated 5,000 square feet of floor area to each of Lots 10 W and 14W in the 2005 growth management competition for new development rights ("growth management allotments"), pursuant to Resolution No. 005-2006. This growth management allocation has a 3 year vested right. 5. The BOCC heard this application at a duly noticed public hearing on March 8, 2006 at which time evidence and testimony were presented with respect to this application. 6. The BOCC finds that the Following elements were.essential to the growth management allotments for Lots l OW and 14W and provide signiticant benefits to the County: the preservation of at least 95% of the historically irrigated lands within the ranch and the critical wildlife habitat areas on the upper portion of the ranch; the encumbrance of 1,068.4 acres by conservation easements; and the sensitivity of the new residences to visual and other impacts. 7. The BOCC further finds that an extended vested right is consistent with the prior action of the BOCC to extend the growth management allotments for other lots in the Crystal Island Subdivision/PUD. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby extend the vested rights associated with the growth management allotments for Lots IOW and 14W, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in public hearings and in the application. 2. TIIis extension of vested rights is conditioned upon recordation of a covenant for each lot documenting the representations made in the growth management application. This covenant shall be reviewed and approved by Community Development Department and recorded against the property, prior to issuance of a building permit to utilize the awarded floor area. ooUool ~,T 9-~ Page: 1 of 2 ~ ~ , (('~ (` i IIIIII IIIII IIIIII IIIIII it IIIIII IIIIIII III IIIII III IIII 03?z 2806 02 43~ JANICE K VOS OPUDILL PITKIN COUNTY CO R 0.00 0 0.00 Resolution Nn. OoZ~ -2006 Pgs;e 2 3. Within 90 days of the date of this approval, the Applicant shall record an amendment to the PUD Guide to specify that growth management allotments have been granted for Lots IOW and 14W and that the vested rights for those allotments would coincide with the vested rights specified in the original PUD Guide (recorded as reception #512303). 4. Statutory vested rights for the growth management allotments referenced herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subjecrto the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on December 15, 2024. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 5"' day of February, 2006. APPROVED AND ADOPTED on the 8"' day of March, 2006. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Asoen Times Weekly on the day of APQj~. , 2006. ~ ~~ ATTEST: I Jones, Clerk and Recorder BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ~~1~~ Mick Ireland, Chair Date: ~ - z / - APPROVED AS TO FORM: _- -- John Ely, County me APPROVED AS TO CONTENT: C ~f Ci dy ouben, Community Development Director Case #P197-OS & 198-OS;PID#246323300018 & 246323300014 IWIYf~AIWY~I~llml~lll! O tUoOG 522182 Pape: 2 of 2 03/24/2006 02:43( 0 0.00 ~~ ' ~ I MEMORANDUM TO: Board of County Commissioners Regular Meeting- March 8, 2006 ,,yy~~ c THRU: Cindy HoubeiTC ommunity Development Director FROM: Suzanne Wolff, Senior Planner* RE: Crystal Island Ranch Lots IOW & 14W Extension of Vested Rights SUMMARY OF REQUEST: Pursuant to Section 4-140-030, the Applicant is seeking an extension of vested rights such that the vested rights associated with the recently granted growth management allotments for Lots l OW and 14W would coincide with the vested rights granted to the Crystal Island Subdivision, which expire on December 15, 2024. APPLICANT: CIR 6 Ranch, LLC and Richard Jelinek REPRESENTATIVE: Doug Pratte LOCATION: Lots l OW and 14W, Crystal [stand Ranch Subdivision/PUD ZONING/LOT SIZE: The lots are zoned RS-30/PUD. Lot l OW contains 10.827 acres and Lot 14W contains 8.86 acres. BACKGROUND/EXISTING CONDITIONS: The BOCC allocated 5,000 square feet of floor area to each of Lots l OW and 14W, pursuant to Resolution No. 005-2006. This growth management allocation for Lots IOW and 14W carries a standard 3 year vested right. The BOCC granted subdivision/PUD conceptual submission approval pursuant to Resolution No. 225- 2002; detailed submission approval pursuant to Resolution No. 175-2004; and final plat approval pursuant to Resolution No. 082 ?005. The Final Plat is recorded in Plat Book 74 at Pages 46-60. The BOCC also approved the rezoning of 640 acres of the ranch from RS-30 to Rural/Remote pursuant to Ordinance No. 053-2004. The BOCC granted growth management allotments of 17,250 square feet of floor area for an indoor riding arena pursuant to Resolution No. 006-2002, and 5,000 square feet of floor area for each of Lots I E and 9W pursuant to Resolution No. 005-2005. The BOCC agreed to extend the vested rights for the previously granted growth management allotments as part of the final plat approval for the subdivision/ PUD, such that they expire on December 15, 2024. STAFF COMMENTS: vts'tED RictiTS EXTENSION: The BOCC shall consider, but not be limited to, the following criteria in reviewing a request for an extension of vested property rights: The applicant's compliance with any conditions requiringperfornzance prior to the dale of upplication for extension or reinstatement of vested rights. 000003 Response: The growth management approvals do not require performance until development occurs. 2. The progress made in pursuing the project to date, including the effort to obtain anv other pernritc, such as branding permits, arzd Oze expenditures made by the applicant irr pzn•suing the project. Response: The Applicant has no immediate plans for the development of Lots l OW and 14W. 3. The nature and extent of mry benefttr alreadv received Iry the County as a result of project approval, such nr impact fees or land dedicafions. Response: The approved subdivision/PUD preserves the pasture at the entry to the ranch and along Thomas Road, at (east 95% of the historically irrigated lands within the ranch, and the critical wildlife habitat areas on the upper portion of the ranch. 1,068.4 acres are encumbered by conservation easements. The development is consistent with the adopted Crystal River Valley Master Plan and its goals to preserve open space and rural character by clustering development, reducing density, limiting house size, preserving critical wildlife habitat and historically irrigated lands. 4. 77~e needs of the County and the applicant that would be served by approval of the extension or reinstatement request. Response: The Applicant has no plans to build any new residences in the immediate future, therefore, the extended vested rights will provide assurance for the use of the growth management allotments during that extended timeframe. Staff supports the extended vested right, as it is consistent with the prior action of the BOCC on growth management allotments for other lots in the Crystal Island Subdivision/PUD. 5. Arr extension rn• reinstatement mqv he in Oze form of a development agreernertt duly authorized and executed by [he applicant and Ore County. Reasonable conditions naav he imposed by the board when granting carry such extension or reirrstatenaent. Response: Staff recommends that the Applicant record an amendment to the PUD Guide to specify that growth management allotments have been granted for Lots 1 OW and 14W and that the vested rights for those allotments would coincide with the vested rights specified in the original PUD Guide (recorded as reception #512303). RECOMMENDATION: Staff recommends that the BOCC adopt a motion to approve an extended vested right for the growth management allotments granted pursuant to Resolution No. 005-2006 for Lots I 0 W and 14W of the Crystal Island Ranch, subject to the attached Resolution. Application provided separately " Ms. Wollr Is o Professlonul planner with a °a<helor s deviee in Ui ban SuMles from the Ilnrversily of Pennsylvania, anA ie a member ul the Amencnn Insnunc of Cu uflel Flannels. Ms. Wolli hm worked for the AeFen/Pekin Cnunrv Cbnnnunity Develnpmenl Uepenment fog Rby years, eM es a Planner/Senior Plannenvithln thel dG,artnigsl far Irl years. In her planning position My WnI1Phm ~emeweA numerous land u,ce aPplicetlom Pur uvnue the Pitkin Cnuuty LanA Ilse Code OUQ00~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITI{IN COUNTY, COLORADO, ALLOCATING 2005 CRYSTAL AREA RESIDENTIAL GMQS ALLOTMENTS FOR NEW SUBDIVISION LOTS AND NEWLY CREATED 35+ ACRE PARCELS Resolution No. DUJ -2006 RECTTALS I . On December 13, 2005, the Planning and Zoning Commission ("Commission") held a duly noticed public hearing at which time evidence and testimony was presented with respect to Crystal Area Growth Management applications. 2. The Commission reviewed the following application for the 2005 Rural Area Residential GMQS competition for new subdivision lots and newly created 35+ acre parcels: - Lot IOW, Crystal Island Ranch Subdivisian/PUD (Case P198-05): CIR 6 Ranch LLC and Richard Jelinek are requesting 5,000 square feet of floor area for a new residence. The lot is located south of Carbondale, Colorado and is accessed from Highway 133 via Thomas Road, and is legally described as Lot IOW, Crystal Island Ranch Subdivision/PUD. Lot 14W, Crystal Island Ranch Subdivision/PUD (Case P197-OS): CIR 6 Ranch, LLC and Richard Jelinek are requesting 5,000 square feet of floor area for a new residence. The lot is located south of Carbondale, Colorado and is accessed from Highway 133 via Thomas Road, and is legally described as Lot 14W, Crystal Island Ranch Subdivision/PUD. 3. There are 10,000 square feet of floor area available in the Crystal Area for the 2005 residential GMQS competition for new subdivisions and newly created 35+ acre parcels. 4. The Commission gave the Lot l0 W application a score of 53 points and the Lot 14W application a score of 53 points. Botlt applications met the minimum threshold score of 48 points, and, therefore, are eligible for the requested development allotments. 5. Pursuant to Section 4-60-060 of the Code, the Commission's scores were forwarded by resolution to the Board of County Commissioners ("BOCC") at a regular meeting on December 14, 2005. 6. No appeals to the scoring have been filed within the required time frame. NOW, THEREFORE BE IT RESOLVED by the BOCC that it does hereby allocate 5,000 square feet of floor area to Crystal Island Ranch Lot l OW and 5,000 square feet of floor azea to Crystal Island Ranch Lot 14W as a result of the 2005 Crystal Area Residential GMQS competition for new subdivision lots and newly created 35+acre parcels. This allocation is conditioned upon recordation of a covenant documenting the representations made in the application for the additional square footage. This covenant shall be reviewed and approved by Community Development Department and recorded against the property, prior to issuance of a building permit to utilize the awarded floor area. Statutory vested rights for approval granted herein are granted pursuant to the Pitkin Coun[y Land Use Code and Colorado Statutes, subject to exceptions set forth in Pitkin County Land Use Code Section 4-140 and C.R.S. 24-68-105. The vested rights fortlris approval shall expire on January 1 I, 2009. I IIIIII VIII IIIIII IIIIII IIII VIII IIIIII III VIII IIII III eze 069 s i t sa QQ(~~QJ ee o o.ae ,,,.., Rednlutinn No. ~-2006 Puge 2 NO~ICE OF VESTED, HTS PUBLLSHED IN THE ASPEN TIMES WEEKLY ON THE ~_ DAY OF _~!~~I~ ~, / ~~ . ~ - APPROVED AND ADOPTED ON THE 11"' DAY of JANUARY, 2006. BOARD OF COUNTY COMMISSIO7• OF PTTKIN COUNTY, COLORADO sy Mick Ireland, Chair Date ~~ D~ APPROVED AS TO FORM: -~~ - John Ely, County Attorney P19A-OS/P197-OS 246523300014/246323300018 APPROVED AS TO CONTENT: Ci y ouben, Community Development Director Ci;wonty/planning/Smgs/ruralorea/suhdivisioiJ20052005 allot new subs reso.doc 1I1 11 {II II `fI `II 1 520691 1IIIIIIIIIII \IIII~III~I~II~~ IIIII~II~II III~IIIIII~{~III 0 02908/D2000011 :54 ]pNILE K VOS 000006 Suzanne Wolff From: Douglas Pratte [landstudio2@comcast.net] Sent: Monday, January 30, 2006 8:44 AM To: Richard Jelinek Cc: Julie Pratte; Suzanne Wolff Subject: Re: Vested Rights Richard, I had pre~~iously informed Susanne that you are interested in eraendinq your vested rights for the two latest GM~~~S approvals to coincide with the vestic.g period fr~r the ~`rystal Island F'.an~h PnD. I will forward this to her as a reminder and ask that she forward me hex staff reccmniendation as soon as it is written the week prior to the Marnh 8 hearing. On ~1an d'd, 20~~6, at 10:47 AM, R-ichard Jelinek wrote: Hi Julie and Douq, Did yr~u twee a ~~hance to discuss with Suzanne Wolff the wording of the resolution regarding extendiny the vested rights^: I want to make sure that the Linguage relates the request to the POD approval and the date rn whi~,}i t}ie pnD approval is vested.... December 15, 2009. ~.~ Thanks, kichard Douglas Pratte The Land Studio, Inc. 10i~2 Lauren Lane Basalt, C!~ 81621 (97n) 927-9690 phone }~a~n} ~z9-921 fav landstudio<a~,omcast.net oo U~l.l~ RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITHIN COUNTY, COLORADO, FORWARDING THE 2005 CRYSTAL AREA RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM SCORES FOR NEW RESIDENTIAL SUBDIVISIONS TO THE BOARD OF COUNTY COMMISSIONERS Resolution No. PZ-02-2005 RECITALS On December 13, 2005, the Planning and Zoning Commission ("Commission") held a duly noticed public hearing at which time evidence and testimony were presented with respect to Growth Management applications. 2. The Commission reviewed the following applications for the 2005 Crystal Area Residential GMQS competition for new subdivision lots and newly created 35+ acre parcels: • Lot lOW, Crystal Island Ranch Subdivision/PUD (Case P198-OS): CIR 6 Ranch LLC and Richard Jelinek are requesting 5,000 square feet of floor area for a new residence. The lot is located south of Carbondale, Colorado and is accessed from Highway 133 via Thomas Road, and is legally described as Lot l OW, Crystal Island Ranch Subdivision/PUD. Lot 14W, Crystal Island Ranch Subdivision/PUD (Case P197-OS): CIR 6 Ranch, LLC and Richard Jelinek are requesting 5,000 square feet of floor area for a new residence. The lot is located south of Carbondale, Colorado and is accessed from Highway 133 via Thomas Road, and is legally described as Lot 14W, Crystal Island Ranch Subdivision/PUD. There are 10,000 square feet of floor area available in the Crystal Area for the 2005 residential GMQS competition for new subdivisions and newly created 35+ acre parcels. The Commission gave the Lot l OW application a score of 53 points and the Lot 14W application a score of 53 points. Both applications met the minimum tlveshold score of 48 points, and, therefore, are eligible for the requested development allotments. NOW, THEREFORE BE IT RESOLVED by the Commission that it hereby forwards the 2005 Rural Area GMQS scores for new subdivisions and newly created 35+ acre parcels to the Board of County Commissioners, and recommends that the BOCC grant the requested development allotments to Gystal Island Ranch Lot l OW and Lot 14W. APPROVED ON THE 13'x' day of December, 2005. 519445 I IIIIII VIII IIIIII IIIIII III IIIIIII VIII III VIII IIII IIII 0 01909 2000012:041 ooooog Resolution No. PZ-02-2005 Pa,Qe 2 ATTEST: Bomiie Waechtler, Administrative Assistant APPROVED AS TO FORM: ounty Attorney P199-OS/P197-OS 246523300014/246323300018 PLANNING AND ZONING COMM ION C~I~~-PE( {1N OUNTY. C O Peter Thomas, hainnan Date APPROVED AS TO CONTENT: m y Houben, ommunity Development Director IIIIIIIIIIIIIIIIIII 519445 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII OUNTY CO R 0.0001909?000012 .041 JRNICE K VOS OR 000009 AGENDA ITEM SUMMARY TO: Board of County Commissioners Regular Meeting January 11, 2006 ~~jj <<~~~ C1k THRU: Cindy Hoube~L'ommunity Development Director FROM: Suzanne Wolff, Senior Planner RE: Allocation of 2005 Rural Area Residential GMQS Allotments SUMMARY: Section 9-I 50-30(E) of the Land Use Code ("Code") states, "Upon receipt of the Planning and Zoning Commission Resolution forwarding their ranking and final scores, the Board of County Commissioners may by resolution, allocate development allotments to the eligible applicants...." The Planning and Zoning Commission's scores for the following applications for 2005 Residential GMQS allotments for new subdivision lots and newly created 35+ acre parcels were forwarded to the BOCC on December 14, 2005: Crystal Island Ranch Subdivision/PUD Lot lOW (Jelinek): CIR 6 Ranch, LLC and Richard Jelinek are requesting 5,000 square feet of floor area in the Crystal Area. Crystal Island Ranch Subdivision/PUD Lot ]4W (Jelinek): ClR 6 Ranch, LLC and Richard Jelinek are requesting 5,000 square feet of floor area in the Crystal Area. There are 10,000 square feet available in the Crystal Area for the 2005 residential GMQS competition for new subdivisions and newly created 35+acre parcels. The Commission gaveYhe Lot IOW application a score of 53 points and the Lot 14W application a score of 53 points, therefore, both lots are eligible for the requested development allotments. RECOMMENDATION: Staff recommends that the Board approve a nrotion "to adopt a resolution stating that an allocation of 5,000 square feet shall be granted to each of Lots l OW and 14W of the Crystal Island Ranch Subdivision/PUD in the 2005 Crystal Area Residential GMQS competition for new subdivision lots and newly created 35+ acre parcels." G.auunty/planning/GMQS/rural areas/subdivisiun2UU5/2005 allot new sub memu.dnc 000010 • MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Suzanne Wolff, Senior Planner*~ RE: Crystal Island Ranch Lot 14W (Jelinek) Rural Area Residential GMQS DATE: December 13, 2005 REQUEST: The Applicant is competing in the Rural Area Residential GMQS competition fora 5,000 square toot allotment for a single family residence within the building envelope approved for Lot 14W as part of the Crystal Island Ranch Subdivision/PUD. APPLICANT: Richard Jelinek and CIR 6 RANCH, LLC REPRESENTATIVE: Doug Pratte LOCATION: The property is located in the Crystal River Valley approximately 4 miles south of Carbondale. The lot is accessed from Highway 133 via Thomas Road and Lewis Lake Road. ZONING: The lot is zoned RS-30/PUD and contains 8.86 acres. BACKGROUND: The BOCC granted subdivision/PUD conceptual submission approval pursuant to Resolution No. 225-2002; detailed submission approval pursuant to Resolution No. 175-2004; and final plat approval pursuant to Resolution No. 082-2005. The Final Plat is recorded in Plat Book 74 at Pages 46- 60. The BOCC also approved the rezoning of 640 acres of the ranch from RS-30 to Rural/Remote pursuant to Ordinance No. 053-2004. The BOCC granted growth management allotments of 17,250 square feet of floor area for an indoor riding arena pursuant to Resolution No. 006-200? and 5,000 square feet of floor area for each of Luts I E and 9W pursuant to Resolution No. 005-2005. REFERRAL AGENCIES: Referral agencies, including Housing, Wildlife Biologist, Colorado State Forest Service, Crystal River Caucus, Environmental Health Department, Carbondale Fire, Colorado Geological Survey, Colorado Division of Water Resources, County Engineer and the Thomas Bridge Association, have commented previously on the subdivision/PUD applications. Staff has referred to the earlier crnnments in the preparation of the staff scoring. PROCEDURE/PROCESS: Scoring of the Growth Management application is conducted by the Planning and Zoning Commission. The Plamiing Commission forwards by resolution the ranking of the development applications to the BOCC. Upon receipt of the Planning Commission resolution forwarding the scures or subsequent to the conclusion of all appeal hearings, the BOCC by resolution allocates development allotments to the eligible applicants. ooooil RURAL AREA RESIDENTIAL GROWTH MANAGEMENT OUOTA SYSTEM ALLOTMENTS: The Applicant is requesting a 5,000 square foot allotment out of the 10,000 square feet available on an annual basis within the Crystal River area for new subdivisions and uew 35 acre parcels. There are two applications competing for the 10,000 square foot allotment available in the Crystal River area. Staff s recommended scoring is attached as Attachment A. Please note that a development must receive a minimum score of 48 points AND meet or exceed the minimum threshold for each of the individual scoring categories. Staff has recommended a score of 53 points for this application, which exceeds the minimum score required. ATTACHMENTS: A. Staffls recommended scoring Application provided separately Ms Welli le a pmtevvuinal plnnnu wrth a Unchdoi's Aegree In Urban 54idles fiom the Uvive<sity of Pennsylvnnie, and is n member n(Ihe Amencen InsliWte of llertifieJ I'Innncrs Mx. WuIN has warl:cd fnnhr. AsPeNPltkin Cuunty C.~mmumty Develapmen~ Dopnrtmem f<u O yenrs. and ns s Plnnnerl5emnr Planner within Ihet Aepunment for'~YS veers In bei pmmm~u posnlon, Ms. \4~dlThun reviewed nnme~anx land menpplicntians PU unnt n, the Pnkm COnnrv Lurid Lase Cade. 000012 ATTACHMENT A RURAL AREA RESIDENTIAL GROWTH MANAGEMENT COMPETITION STAFF'S RECOMMENDED SCORING NAME OF PROJECT: Crystal Island Ranch Lot 14W Qelinek) DATE: 12/13/05 9-120-032 Availability and Appropriateness of Public and Private Facilities and Services The Planning and Zoning Commission shall consider each application's impact upon public facilities and services and rate each development by assigning points according to the following system (minimum threshold score five (5) points; maximum score ten (10) points); no multiplier): Score of 0 - Indicates one of the following: a) total impracticality of providing services due to availability, quality, distance or route, and/or the development is detrimental to the existing level of service in the area; or b) the introduction of public or private facilities and/or urban services is IikeJy to result in a fundamental change to the community character of the area and/or a fundamental change in the type of historical use of the property; or c) the introduction of public or private facilities and/or urban services is likely to result in a detriment to the environmental condition of the property or adjacent properties. Score of I - Indicates all of the following: a) an acceptable level and type of service meeting the needs of the development and standards of the Code; b) the provision of services will not fundamentally change the character of the area in which the proposed development is located; and c) the provision of the services will not result in a significant detriment to the environmental condition of the property or adjacent properties. Score of 2 - Indicates a level and type of service meeting the needs of the development based on the requirements of the Code and helping to satisfy an existing need of the surrounding area. Also indicates that the provision of services will not change the character of the area in which the development is located or detrimentally affect the environmental condition of the property or adjacent properties. A. Water Service (0-2 points): I Capacity, quality and reliability of the water system proposed to serve a development; 2. The demonstration of adjudicated water rights to serve the development; and 3. The capability to attain any necessary water through an augmentation plan. Maximum Score 2 Score: 1 COMMENT: The Water Court has awarded water rights and approved the plan for augmentation for the Crystal Island Ranch Subdivision/PUD, therefore Lot ]OW has the right to obtain a well permit Staff finds that a score of 2 is not appropriate, since the water service meets the needs of the development but does not help to satisfv an existing need of the surrounding area B. Sewer (0-2 points): The type and capability ofthe sewage disposal system proposed to meet the needs of a development and to dispose of wastes without impact on water quality and in a reliahle manner. ODU013 Maximum Score 2 Score: 1 COMMENT: An Individual Sewage Disposal System (ISDS) will be installed within the buildine envelope, which is consistent with the standards of the Code to minimize impacts on the surrounding environment Staff finds that a score of ~ is not appropriate since the proposed sewaee disposal system will not help to satisfy an existing need of the surroundine area C. Storm DrainaEe (0-2 points): I The degree to which an applicant proposes to maintain historic runoff patterns and to retain the surface water resulting from development on-site. 2. If a development requires use of the County's drainage system, considering the commitment of an applicant to install necessary drainage control facilities and to maintain the system on a long term basis. Maximum Score 2 Score: 1 COMMENT: The Applicant commits to maintain historic runoff patterns and to develop a drainage plan to ensure that additional surface water will be retained on-site The development will not use the County's drainage system Staff finds that a score of 2 is not appropriate since the proposed drainage improvements wil I not help to satisfy an existinK need of the surrounding area D. Fire Protection (0-? points): L Capability of the appropriate Fire Protection District to provide fire protection according to established response standards without establishing a new station, adding equipment or personnel, or making capital improvements; 2. The adequacy of water pressure and capacity for providing fire-fighting flows; 3. The commitment of an applicant to provide fire protection facilities necessitated by a development, including, but not limited to, fire hydrants, water storage tanks, ponds and distribution links; 4. The capability of the Fire District to provide adequate service based upon site design of a development and reliability of the proposed water system. 5. The capability of a development to be aself-sufficient fire protection system in the event response times from the fire district are too slow to protect a development. Maximum Score 2 Score: 2 COMMENT: The CU State Forest Service rated the wildfire hazard on Lot 14W as low to moderate. The Carbondale and Rural Fire Protection District stated that the access is adeauate for emergency vehicles and the Applicant commits to install a loop or hammerhead turnaround on Lot 14W Prior to issuance of a Certificate of Uccuoancv for new residential development on any of lots 14V1~' 15 W or 16 W the Applicant will install an underground 15,000 gallon water storage tank for fire-fighting The Applicant commits to install a dry hydrant at the pond to be constructed at the bottom of the ranch which can be used for fire- tighting in the surroundine area The Applicant has provided a foam truck on-site for use by the Fire District and Lewis Lake is also available to obtain water to fight wildfires The Applicant will comply with the County's wildtre mitigation standards Staff finds that a score of 2 is appropriate as the improvements will help to satisfy an existing need of the surroundine area ODUU14 • C. Road System (0-2 points): I . Capability of the public road network to provide for the needs of a proposed development within acceptable levels of safety and design, as defined by the Pitkin County Road Management & Maintenance Plan; ?. Capability of the public road network to provide for the needs of the proposed development without exceeding the capacity of the existing road network, as defined by the County Engineer. 3. Applicant's commitments to finance necessary road system improvements attributable to a proposed development; and 4. Ability to perform any necessary road improvements without resulting in a fundamental change in the character of the area or neighborhood in which the development is proposed. MaximumScore2 Score: 2 COMMENT: The Applicant has improved the intersection of Hiehway 133 and Thomas Road as required by the County and CDOT. Improvements will also be made to Thomas Road and Lewis Lake Road to comply with County standards Staff finds that a score of 2 is appropriate is the improvements to the intersection will help to satisfy an esistine safety need of the surroundine area .9 V91LdBlLITYAND .9PPROPRIATENESS OF PUBLIC.9ND PRIVATE F.9CILITIES & SERVICES l ~llnii~nurrz Threshold Score - 5 points) Subtnta!_7 9-120-033 Effect on the Environment and Resource Conservation The Planning and Zoning Commission shall consider each application's environmental impacts and resource conservation measures and rate each development by assigning points according to the following system (minimum threshold score five (5) points; maximum score ten (10) points; multiplier of two (2)I: Score of 0 - Indicates adverse environmental impacts due to an applicants unwillingness or inability to mitigate impacts or inadequate mitigation measures proposed by an applicant; Score of 1 - Indicates no adverse environmental impacts or an applicant's complete mitigation of impacts or a development exceeding the standards of the Land Use Code. Score of 2 - Indicates an improvement or enhancement of the existing environment by the applicant. A. Air Pollution (0-2 points): The effect of the development on the community's air goal ity, including but not limited to whether: I. Viewer or cleaner woodburning devices than allowed by law will be installed; 2. Existing dirty burning devices will be removed or replaced by cleaner burning devices; 3. Dust prevention measures are employed on the unpaved areas; 4 Any special emissirni control devices are used; 5 Development proposed utilizes and/or promotes in design and location the use of public mass transit or other non-vehicular transportation; 6. Mitigation of PM1o. 000015 Maximum Score 2 Score: 1 x 2= 2 COMMENT: No fireplaces or woodburning devices are proposed Dust prevention measures will be used on the roads and drivewav. Staff has recommended a score of 1 since the Applicant commits to mitigate the impacts of the develonment and exceed the standards of the Code but the development does nM improve or enhance the existing environment. B. Water Resources (0-2 points): I. Extent to which the project will impact surface, groundwater and irrigation supply; and Z. Extent to which the project commits to maintain existing surface, groundwater and irrigation supply for domestic uses, wildlife uses, vegetation uses and agricultural uses. Maximum Score Z Score: 1 x 2= 2 COMMENT: Existing ditch rights will be used to irrigate the surrounding pastures. The approved augmentation plan ensures that the develonment does not impact surface or groundwater supply Staff has recommended a score of I since the Applicant commits to mitigate the impacts of the development and exceed the standards of the Code, but the development does not improve or enhance the existing environment C. Hazards and Site Disturbance/Environmental Impact (0-2 points): I . A proposed development is free from man-made hazards; 2. A proposed development completely avoids development within one-hundred year tloodplain hazard areas; high hazard avalanche zones; landslide areas; 30% slopes; rock fall hazard areas; and severe wildfire areas; 3. A proposed development commits to preserve or enhance natural vegetation and terrain on the site and to revegetate disturbed areas with native vegetation; 4. A proposed development commits to minimize the area of disturbance by limiting the size of the building envelope(s), road/driveway cuts, etc.; and 5. A development commits to weed management. Maximum Score 2 Score: 1 x 2= 2 COMMENT: The building envelope avoids floodnlain avalanche rock fall or landslide areas slopes in excess of 30%, and severe wildfire areas, and is free from man-made hazards Disturbance of ve etation is prohibited outside of the building envelope with the exception of the drivewav The property is subject to a weed management plan. Staff is unable to recommend a score of? since it is difficult to argue that the implication "improves or enhances" the existing undeveloped environment D. Energy and Water Conservation/Waste Water Reuse (0-2 points): The extent to which an applicant proposes to employ: I . Passive and/or active solar heating and cooling and thermal insulation measures beyond those required by the Aspen/Pitkin Energy Conservation Code; 2. Water conservation devices and wastewater reuse systems within the development rather than standard plumbing facilities; 3. Renewable non-polluting energy resources for the primary source of energy for the development: Ot 'U1~ 4. "Green" and/or high efficiency building materials and "green" technologies; and 5. Reuse of existing construction materials on-site. Maximum Score 2 Score: 2 x 2= 4 COMMENT: The Applicant commits to various water and resource conservation measures includi~ mulching planting beds limiting turfarea to 5 000 sf using_plants with low water demands installing zoned irrigation system, urine non-potable water for irrigation installing ahigh-efficiency gas hot water heater and an 87% efficient boiler or 94% efficient furnace (or better) urine blown or sprayed insulation and FSC or SF[ certified materials or the equivalent orienting the east-west axis of the residence within 30 degrees east or west of true south. and designing overhangs to maximize shade in the summer and solar gain in the winter. Staff recommends a score of 2 since the Applicants commitments will improve or enhance the existing environment and exceed the requirements of the Energy Code E. Conservation Through Construction Manaeement Plan (0-2 points): The extent to which an applicant proposes a Construction Management Plan to: I . Limit the number of trips to the site through carpooling, storage of tools on site and other innovative measures; 2. Limit the amount of fill removed from the site through limited excavation, regradnig and use of the fill on-site; and 3. Control noise and dust generated duting construction. 4. Minimize construction and material waste (i.e., reduce, recycle and reuse). Maximum Score 2 Score: 2 x 2= 4 COMMENT: The Applicant will require contractors with employees on-site for more than 4 hours each day to provide a carpool from Carbondale. Parking for subcontractors will be controlled by issuing a limited number of iob-site parking permits per employee Provisions will be made to store tools and equipment on- site. The Applicant proposes to utilize all removed fill on-site or on the ranch and to utilize dust control measures on the driveway and access road The contractor will be required to separate trash and materials to be recycled. Staff has recommended a score of ~ since the Applicant commits to improvements and enhancements beyond what would otherwise be required EFFECT UN TFIE ENi'IRONMENT AND RESOURCE CONSER I'.4TION ~Mininaum Threshold Scure - 5 pointsy Subtotal witbottt muUiplier 7 Subtotal with multiplier 14 9-120-034 Wildlife and Wildlife Habitat Protection The Planning and Zoning Commission shall consider each application in terms of its impact on wildlife and wildlife habitat and rate each development by assigning points according to the following system (minimum threshold score four (4) points; maximum eight (8) points); multiplier of two (2p: Score of 0 - Indicates non-compliance with the policies and standards of the Land Use Code and adverse impacts to wildlife and/or wildlife habitat due to an applicants inability and/or unwillingness to locate the proposed development away from wildlife and/or wildlife habitat. ouuu~7 Score of 1 - Indicates compliance with the policies and standards of the Land Use Code and minimal impact to wildlife and/or wildlife habitat due to an applicant's avoidance of wildlife and wildlife habitat and capability to mitigate most impacts, but lack of total avoidance and lack of total mitigation. Score of 2 - Indicates no adverse impacts to wildlife and/or wildlife habitat due to the applicant's location of the proposed development away from wildlife and/or wildlife habitat and/or the complete mitigation of impacts and a development exceeding the policies and standards of the Land Use Code. Applicants with no wildlife or wildlife habitat on the entire site shall automatically receive a score of two (2) for each sub-category. A. Avoidance of Existing Wildlife and Wildlife Habitat. (0 to 2 points.) The extent to which the proposed development, including the building envelope and other disturbed areas, completely avoids existing wildlife and wildlife habitat including, but not limited to areas mapped by the Division of Wildlife on Wildlife Resource Information maps (1041 environmental hazard maps) or areas identified by the County biologist as: critical winter range; migration corridors; calving areas; waterfowl habitat; fisheries; riparian areas; wetlands; and/or sage, aspen and oak-serviceberry habitat. Maximum Score 2 Score: 1 x 2= 2 COMMENT: 'T'he proposed building envelope is located within mule deer winter range and therefore does not completely avoid wildlife habitat though it does avoid critical wildlife habitat areas B. Canine Management. (0 to 2 points.) The extent to which the proposed development commits to prohibiting dogs where the building envelope is located within one-quarter (I/4) mile t}om mule deer, elk and bighorn sheep severe winter range, winter concentration areas, migration corridors and production areas. Commits to kenneling dogs where the building envelope is located within one-half (I!2) mile, but more than one-quarter (I/4) mile, from mule deer, elk and bighorn sheep severe winter range, winter concentration areas, migration corridors and production areas. Where the building envelope is located more than one-half (1/2) mile from mule deer, elk and bighorn sheep severe winter range, winter concentration areas, migration corridors and production areas, automatically award two (2) points. Maximum Score 2 Score: 2 x 2= 4 Cd~MMENT: The proposed buildine envelope is located more than''/z mile from critical wildlife habitat areas. The Applicant commits to kennel does and to prohibit contractors from brinuing doffs on-site durine construction. C. Enhancement of Wildlife or Wildlife Habitat. (0 to 2 points.) The extent to which the proposed development commits to enhance existing wildlife or wildlife habitat or to restore native habitat to degraded sites (tor example, creating or restoring wetlands and/or riparian habitat). On-site enhancement is preferred, but where there are no significant opportunities for on-site enhancement or restoration, a commitment to enhance or restore other sites in Pitkin County may be considered. Maximum Score 2 Score: 2 x 2= 4 COMMENT: The Applicant commits to plant willows and cottonwoods alone the disturbed area of the dam on the west side of Lewis Lake to enhance waterfowl habitat In addition the Applicant will use a DOW seed/fertilizer mix to enhance the rg azine vield for range animals in areas of old pasture or other disturbance where native veeetation is thin or nonexistent Staff finds that the proposed on-site enhancement exceeds the standards of the Code and justifies a score of 2 OODU18 D. Reduction of Human Influence. (0 to 2 points.) Consider the extent to which the proposed development commits to cluster development and reduces the zone of influence on wildlife and/or wildlife habitat. Maximum Score 2 Score: 2 x 2= 4 COMMENT: The building envelope is proposed in an area near other existing and pronosed residential development while other portions of the ranch that encompass critical habitat areas and where human impacts are more limited are to be preserved No new roads will be constructed other than the drivewaX The Applicant also notes that 1,068.4 acres of the ranch have been placed in a conservation easement to protect wildlife habitat, which further reduces human influence {f'ILDLII'E.4ND WILDLIFE HABITAT PROTECTION lMinin~uor Threshold Score - ~ points) Subtotal without multiplier 7 Suhtotal wit/r multiplier 14 9-120-035 Consistency with Land Use Goals The Planning and Zoning Commission shall consider each application's consistency with County Land Use Policies and rate each development by assigning points according to the system in this section (minimum threshold score five (5) points; maximum score ten (10) points); multiplier of two (2) or three (3) as noted belowl: A. Ooen Space. (0-2 points; multiplier of three (3).) The extent to which the development preserves desirable undeveloped lands for wildlife, scenic and other desirable resource values, or preserves known agricultural lands, including those which have been historically irrigated, used for food, hay, grains or other feed production, and those used for dry pasture and rangeland, consistent with adopted comprehensive plans and Land Use Policies 2-10, 2-30, 2-120, 2-160, 2-240 and 2-280. Score of 0 - The application is totally inconsistenC with adopted compreheusive plans and Land Use Policies 2-I Q, 2-30, 2-120, 2-160, 2-240, 2-280, and does not preserve valued open space or agricultural lands within a property. Score of 1 - The application is generally consistent with adopted comprehensive plans and Land Use Policies 2-10, 2-30, 2-120, 2-16Q, 2-240, 2-280, and preserves the most valued open space or agricultural lands within a property. If a property does not contain any valued open space or agricultural lands, it shall automatically be eligible for a score of one (1). Score of 2 - The application is consistent with adopted comprehensive plans and Land Use Policies 2-1 Q 2-30, 2-120, 2-160, 2-240, 2-280, and preserves all valued open space or agricultural lands within a property. Maximum Score 2 Score: 1 x 3= 3 COMMENT: The proposed subdivision/PUD preserves the pasture at the entry to the ranch and along Thomas Road, at least 95% of the historically irrigated lands within the ranch and the critical wildlife habitat areas on the upper portion of the ranch. 1068.4 acres are encumbered by conservation easements The development is consistent with the adopted Crystal River Vallev Master Plan and its coals to preserve ODUU19 open space and rural character by clusterine development limitine house size preservine critical wildlife habitat and historically irri¢ated lands. Statf has recommended a score of 1 findine that the development preserves the most but not all valued open space or auricultural lands within the property B. Visual Impacts (0-2 points; multiplier of two (2)) Considering the extent to which a development impacts the scenic quality and visual character of an area as viewed from public roadways and the extent to which a development is consistent with the Scenic Overlay standards (Section 3-60-40), Land Use Policy 2-I20, and the West Elk Loop Scenic and Historic Byway, notwithstanding the fact that the parcel may be located outside of the mapped scenic overlay (i.e., within tributary valleys to the Roaring Fork Valley). Score of 0 - The application is inconsistent with the Scenic Overlay review standards (Section 3-60040) and Land Use Policy 2-120. Score of 1 - The application is generally consistent with the Scenic Overlay review standards (Section 3-60-40) and Land Use Policy 2-120. Score of 2 - The application is consistent the Scenic Overlay review standards (Section 3-60- 40)and Land Use Policy 2-120. Maximum Score 2 Score: 1 x 2= 2 COMMENT: The parcel is not within a mapped scenic overlay/ridgeline review area The Applicant notes that the residence will have minimal visual impact from public roadways The building envelope is located at least 1 000 feet from Highway 133 The majority of the pashire will be preserved in the foreeround and the envelope is located on the lower portion of the slope with the hillside as a visual background The Applicant has not made specific representations re ag rding the materials height or bulk of the proposed structure or associated landscaping and lightine The propert~s within the West Elk Loon Scenic and Historic Byway Influence Area and is desienated in the Corridor Management Plan as an area of "very hieh vulnerabilit~to change "which is defined as "lands lackine protection and facine strop de evelopment pressure" and is eiven a "very hieh" priority for protection While an overlay zone has not been adopted for this area the Plan anticipates that new development would be "constructed and maintained in a manner that is consistent and compatible with the visual character and natural uualities that currently exist " Standards recommended in the Plan to mitigate visual impacts are similar to the County's scenic overlay standards which are addressed above. Staff has recommended a score of 1 based on a findine that the application is generally consistent with the Scenic Overlay Review standards of the Land Use Code C. Development Below Allowable Density (0-2 points; multiplier of two (2)) Consider the. extent to which the development proposed is less than the allowable density in terms of numbers of dwelling units (not including caretaker dwelling units, employee dwelling units or deed restricted affordable housing dwelling units) permitted in the applicable zone district: Score of 0- The application proposes development at a density of 76% to 100% of the density allowed under the zone district, which maximizes development on the site under the zoning. Scpre of 1- The application proposes development at 56% to 75% of the density allowed under the zone district. The applicant shall provide a covenant or other guarantee running with the land, for which Pitkin County shall be a beneficiary, guaranteeing the representation of the density reduction. When competing for additional square footage only, an applicant shall be eligible for a score of one (1) if there is no opportunity to reduce density on a property. ODUb2O Score of 2- The application proposes development at 50% or less of the density allowed under the zone district. The applicant shall provide a covenant or other guarantee running with the land, for which Pitkin County shall be a beneficiary, guaranteeing the representation of the density reduction. Maximum Score 2 Score: 2 x 2= 4 COMMENT: The Applicant proposes 22 lots on the entire 160 acre ranch which represents a density of I unit per 74 acres. This density is less than 50% of the density allowed by the RS-30 zone district The applicant must provide a covenant or other euarantee running with the land for which Pitkin County shall be a beneficiar~~uaranteeine the representation of the density reduction D. Development Below Allowable Intensity (0-2 points; multiplier of two (2)) Consider the extent to which the development proposed is less than the allowable intensity in terms of the total amount of square footage of floor area potentially available as an allowed use under the applicable zone district: Score of 0- The application does not commit to reduce the square footage of floor area of development on site. Score of I- The application agrees to limit square footage to 56% to 75% of the square footage of floor area potentially available under the zone district. The applicant shall provide a covenant or other guarantee running with the land, for which Pitkin County shall be a beneficiary, guaranteeing the representation of the intensity reduction. Score of 2- The application proposes development at 50% or less of the square footage of floor area potentially available under the zone district. The applicant shall provide a covenant or other guarantee running with the land, for which Pitkin County shall be a beneficiary, guaranteeing the representation ofthe~ intensity reduction. Maximum Score 2 Score: 2 x 2= 4 COMMENT: 'T'he Applicant canmits to restrict the lot to a maximum floor area of 7 500 sauare feet which is 50% of the potential floor area allowed within the RS-30 zone district The applicant must provide a covenant or other euarantee runnine with the land for which Pitkin County shall be a beneficiary guaranteeinu the representation of the density reduction E. Clusterin¢ (0-2 points; multiplier of two (2p Consider the extent to which the development proposed clusters the structures proposed for development, or, where applicable, clusters the proposed development adjacent to existing or approved development on adjacent properties. Score of 0 - The application does not commit to clustering. Score of 1 - The application commits to limited clustering, but additional clustering is still possible. An applicant shall be eligible for a score of one (1) if development is not clustered and, clustering is determined by the Community Development Department to be inappropriate on a specific property. Score of 2 - The application clusters development to the fullest extent possible. Maximum Score 2 Score: 1 x 2= 2 000021 COMMENT: The 14W buildinu envelope is clustered with existine and proposed development on the lower portion of the ranch. Development will also occur within several other clusters on the ranch (adjacent to Lewis Lake, East Parcel. Duck Meadow) therefore staff recommends a score of 1 finding, that additional clustering is still possible. CON.SISTENCP W7TH LAND U,SE GOALS lMinimmr7 Tlrreslxold Score - 5 points) Subtotal witkout multiplier 7 Subtafal wit/r multiplier IS 9-120-036 Bonus Points The Planning and Zoning Commission shall consider the award of bonus points as follows (maximum score six (b) points; no multiplier): A. Bonus points may awarded only to development applications which achieve the overall minimum scoring threshold in sections 9-120-032 through 9-120-035. B. The Planning and Zoning Commission shall consider the extent to which an applicant purchases interests in land in order to preserve valuable undeveloped lands or creates conservation easements or dedicates land located in the Agricultural Wildlife Reserve District (AWR) of the Pitkin County Down Valley Comprehensive Plan: Future Land Use Map. Score of 0 - The development does not help meet the goals of the County as identified in the Pitkin County Down Valley Comprehensive Plan regarding the preservation of open space, agricultm~al and wildlife lands. Score of 1 - The development supports the goals and objectives of the Pitkin County Down Valley Comprehensive Plan by preserving open space, agricultural lands and wildlife lands located in the Agriculture Wildlife Reserve (AWR) designated on the Pitkin County Down Valley Comprehensive Plan :Future Land Use Map. The applicant must preserve no less than two (2) times the minimum lot size in the zone district where the development is proposed. Score of 2 - The development aggressively supports the goals and objectives of the Pitkin County Down Valley Comprehensive Plan by preserving open space, agricultural lands and wildlife lands located in the Agriculture Wildlife Reserve (AWR) designated on the Pitkin County Down Valley Comprehensive Plan :Future Land Use Map. The applicant must preserve no less than three (3) times the minimum lot size in the zone district where the development is proposed. Maximum Score 2 Score: 2 COMMENT: The Applicant has placed L068.4 acres of land in a conservation easement Since more than 90 acres is preserved (3 X 30 acres) the Applicant is eligible for a score of 2 C. Creative Bonus. Bonus points shall be available to the applicant to specify other creative methods in which the proposed development will achieve the goals of each of the categories set forth in sections 9-120-032 through 9-120-035. To be eligible for a bonus point, the applicant shall specify in which category the bonus point is sought and describe the creative measure, which the applicant proposes to further the goal of the category. Only one creative bonus point is available per category, with a total of 000022 10 • four possible bonus opportunities except to break ties between applications. At its option, an applicant may submit for one additional creative bonus to be considered in the event of a tie between applications. The Planning & Zoning Commission shall score the creative bonus points as follows: Score of 0 -The development does not further the goal or objectives of the category. Score of 1 -The development substantially furthers the goal or objectives of the category Maximum Score 4 Score: 1 COMMENT The Applicant has created 6 parkins spaces adjacent to Thomas Brides for users of the Pitkin County Open Space alone the Crystal River Staff finds that the Applicant is eligible for one creative bonus point as this donation addresses an unmet need in this area and improves access to public lands D. Optimal Mitieation of Employment Generation Bonus Points shall be available to the applicant for the optimal mitigation of employment generation. The Planning and Zoning Commission shall consider the provision of affordable housing in relation to each development application by assigning points according to the system in this section (no minimum threshold , maximum score three (3) points; multiplier of two (2)): 1. Conversion of Existing Free Market Housing. Any applicant who commits to convert existing free market housing located within the Aspen Area Urban Growth Boundary to deed restricted sale housing pursuant to section 3-130-020 shall be awarded three (3) points. Any applicant who commits to convert existing free market housing located within the Rural Area to deed restricted sale housing pursuant to section 3-130-020 shall be awarded two (2) points. 2. Construction of Affordable Housing. Any applicant who commits to construct sale affordable housing on site for on-site employees pursuant to section 3-130-020 shall be awarded two (2) points. Any applicant who constructs sale affordable housing shall be awarded one (I I point. 3. Dedication of Land. Any applicant who commits to dedicate land within the Aspen Area Urban Growth Boundary pursuant to section 3-130-020 shall be awarded one (1) point. Maximum Score 3 Score: 0 x 2= 0 COMMENT: Not applicable BONUS POINTS Subtoml 3 oouu23 TOTAL POINTS (with multiplier): Minimum Subtotal Subtotal Threshold (without (with multipliers) multipliers) A. Availability and Appropriateness of Public and Private 5 7 7 Facilities and Services. B. Effect Upon the Environment and Resource 5 7 14 Conservation. C. Wildlife and Wildlife Habitat Protection 4 7 14 D. Cunsistency with Land Use Goals 5 7 15 E. [3onusPoints(Maximuml2) N/A 3 TOTAL 28 53 Must meet minimum threshold in each category and obtain a total score of 48 points (with multipliers) to obtain an allotment. ~~~~~G~ 12 Jelinek GMQS Application For One Residential Home Site Lot 14W Crystal Island Ranch Scoring for Residential Development Prepared by: The Land Studio P.O.Box107 Basalt, CO 81621 927-3690 I. INTRODUCTION A. Application Request This is an application for an allotment of residential floor area in the Crystal River Valley Rural Area Growth Management competition. The property is a parcel of land approximately 8.860 acres in size and is currently zoned as a PUD. It is part of the Crystal Island Ranch PUD and is identified as Lot 14W, CIR 6 RANCH, LLC. This lot has an approval as apart of the PUD with vested rights to December 15 of 2024. The applicant is requesting a building allotment of 5,000 sq. ft. of floor area for this lotto coincide with the existing vested rights time period. Ownership information is attached as Exhibit #1. Crystal Island Ranch has received final PUD approval for an estate plan of the 1,620 ranch that focuses on the preservation of agricultural and wildlife habitat in the Crystal River corridor and clustered residential development outside of important agricultural and wildlife areas. The owners of Crystal Island Ranch have been working with wildlife officials for the past ten years to develop the open space plan for this property to their satisfaction. The ranch consists of two pazcels of land; the east paccel containing 400 acres is accessible from Prince Creek Road. The west parcel containing 1,304 acres is accessible from Highway 133. The west parcel also has the addition of 84.5 acres obtained by working with the Conservation Fund and Pitkin County. This application is for a building allotment of land on the west side of the ranch. The applicant has an existing building on Lot 9W which is used as an employee dwelling unit for ranch employees. Lot 1W contains the applicant's residence; Lot 2W also contains a residential unit over the barn. This application is being submitted by Richard Jelinek and CIR 6 RANCH, LLC, the owner of Lot 14W, Crystal Island Ranch. Apre-application Conference summary dated July 22, 2005 is attached as Exhibit #2 Description of Property 000026 Crystal Island Ranch is approximately four miles south of Carbondale. It is zoned as a PUD with a portion of the property zoned as Rural /Remote anc a portion zoned as RS-30. The Ranch consists of hay production, agricultural land, grazing land, woodlands, meadow lands, and scrub vegetation which is predominantly pinion,juniper, sage and oak brush. The Ranch consists of two parcels. This application is for a building allotment on the West side, accessible from State Highway 133 turning onto Thomas Road, then onto Lewis Lake road up to the building envelope. 9-120-32 -Availability and Appropriateness of Public and Private Facilities and Services A. Water Service 1. Capacity, quality and reliability of the water system proposed to serve a development. 2. The demonstration of adjudicated water rights to serve the development; and 3. The capability to attain any necessary water through an augmentation plan. Response: The proposed building envelope has a water augmentation plan to permit a well which may be a well shared with other lots clustered in the area. Included in the submittal, as Exhibit #3, is a copy of the augmentation plan. B. Sewer The type and capability of the sewage disposal system proposed to meet the needs of a development and to dispose of wastes without impact on water quality and in a reliable manner. Response: The proposed building envelope will use an Individual Sewage Treatment System (ISTS). Location and permitting of the ISTS system will be designed to comply with the standards of the Pitkin County Code. The applicant will use an engineered septic tank and leach field on this site and site specific tests will be performed prior to construction. There have not been any problems reported with septic systems serving the other lots in Crystal Island Ranch. C. Storm Drainage 1. The degree to which un applicant proposed to maintain historic runoff patterns and to retain the surface water resulting from development on-site. 2. If a development requires use of the County's drainage system, considering the commitment of an applicant to install necessary 2 ODUU27 drairuzge control, facilities and to maintain the system on a long- term basis. Response: Drainage for the residential home site will continue in its historic runoff pattern. A drainage plan to retain any additional surface water resulting from new construction or development on this parcel will be completed at the time of a building permit application. The applicant has created two drainage control facilities on Crystal Island Ranch, one at Lewis Lake and another at the base of the property with the existing "Polo Pond" below lot 14W. All surface runoff from the upper ranch has historically run into the Lewis Lake basin and Thomas Creek below Lewis Lake. The applicant will continue to maintain the lake and dam as well as the lower pond. D. Fire Protection 1. Capability of the appropriate Fire Protection District to provide fire protection according to established response standards without establishing a new station, adding equipment or personnel, or making capital improvements. 2. The adequacy of water pressure and capability for providing fire- fighting flows; 3. The commitment of an applicant zo provide fire protection facilities necessitated by a development, including, but not limited to,,fire hydrants, water storage tanks, ponds and distribution links; 4. The capability of the Fire Protection District to provide adequate service based upon site design of a development and reliability of the proposed water system; and 5. The capability of a development to be self-sufficient fire protection system in the event response times from the fire district are too slow to protect a development. Response: Lot 14W has been reviewed on site with Vince Urbina of Colorado State Forest Service. This parcel lies within an area that is designated as low to moderate wildfire hazard with the building envelope being predominantly grasses. The parcel is easily accessible off Lewis Lake Road and response time from Carbondale will be minimal, as the road has been maintained by the applicant for the residence on the upper ranch. A loop or hammerhead turnaround will be provided on Lot 14W. Prior to issuance of a certificate of occupancy for new residential development on any of lots 14W,15W, or 16W, a single underground 15,000 gallon tank will be installed for fire protection in one of the building envelopes of these three lots. The location of the underground tank and installation details will be coordinated with the Carbondale Rural Fire Protection District. The applicant has been committed to working with the Carbondale Fire District to provide fire protection facilities for the area. The applicant has provided a foam truck, loaded and checked by the OOOU2$ Carbondale Fire District and has agreed to allow use of Lewis Lake for water in the event of any local wildfire. All development shall comply with the Wildfire Mitigation Plan, including but not limited to the following: 1. Low vegetation (6 inches or less) shall be maintained within a 10-foot perimeter around all structures. Woody vegetation shall not be planted within this perurreter. 2. Fora distance of 100 feet around all structures, thin existing conifers to breakup the vertical and horizontal continuity of fuels. For pinion/juniper trees establish a minimum of a 10- footclearance between trees measured from the outermost branch. Remove the lower branches of all [tees allowed to remain within the 100-foot perimeter up to half the total height of the tree to efiminateladderfuels. Fora distance of 100 feet around all sWctures, thin and clump existing oak/serviceberry. The diameter of remaining clumps shall be no larger than 2 times the height of the existing shrubs. The azea between clumps should be a minimum of 3 times the height of the existing plants. Remove the lower limbs of remaining shrubs within the 100-foot perimeter up to half the total height of the shrubs to eliminate ladderfuels. 4. Remove all deadfall within 100 feet of all structures. 5. Future landscaping shall incorporate spacing between plants that is consistent with the above. 6. Roof coverings and assembly shall comply with the Land Use Code provisions for low and medium w~7dfire hazazd azeas in effect at the time of building pemut application. 7. Vents shall be screened with corrosive resistant wire mesh. 8. Roofs and gutters shall be kept cleaz of debris. 9. Yazds shall be kept cleaz of ad litter, slash, and flammable debris. 10. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. 11. Firewood/wood piles shall be slacked on a parallel contour a minimum of 15 feet away from the structure. 12. Swirnming pools shall be accessble to Fire Departm~rt vehicles. 13. Fences shaIl be kept clear of brush and debris. 4 000029 14. W ood fences shall not connect to the structure. 15. Any outbuiklings or additional structures shall adhere to the same standards as structrres. ] 6. Fuel tanks shall be installed underground wRh an approved container. 17. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible spas vegetation mitigalion around any aboseground tank. Any wood enclosure aoound the tank shall be constructed with materials approved for 2-hour 5re-resistive construction on the exterior side of the walls. 18. Fach structure shall hale a minimum ~' one 10 pound approved ABC fire extinguisher placed in a vsible and accessible location. 19. Addresses shall be clearly mazked with 2-inch non- combustibleletters and shall be clearly visible at the primary point of access from the public or common access road and installed on anon-combustible post. 20. Utility lines shall be buried within or along roadways. 21. Install automatic fire sprinkler systems within each residence 22. All outside lighting be directed downward (down lighting). E. Road system 1. Capability of the public road network to provide for the needs of a proposed development within acceptable levels of safety and design, as defined by the Pitkin County Road Management & Maintenance Plan; 2. Capability of the public road network to provide for the needs of the proposed development without exceeding the capacity of the existing road network, as defined by the County Engineer; 3. Applicant's commitments to finance necessary road system improvements attributable to a proposed development; 4. Ability to perform any necessary road improvements without resulting in a fundamental change in the character of the area of neighborhood in which the development is proposed. Response: The proposed residential envelope is projected to create no sigmficant traffic impact on the public road system. The county had identified the intersection of Thomas Road and Hwy. 133 as an area in need of reconstruction and realignment for residences using Thomas Road. The applicant has recently completed this reconstruction and realignment per design and approval of CDOT 000030 and Pitkin County. This realignment has greatly improved the safety of that road for the entire neighborhood. 9-120-033 -Effect Upon the Environment and Resource Conservation A. Air Pollution I. Fewer or cleaner wood burning devices than allowed by law will be installed; 2. Existing dirty burning devices will be removed or replaced by cleaner burning devices; 3. Dust prevention measures are employed on the unpaved areas; 4. Any special emission control devices are used; 5. Development proposed utilizes and/or promotes in design and location the use of public mass transit or other non-vehicular transportation; 6. Mitigation of PM 10. Response: No fireplaces or wood burning devices are proposed for these home sites. Crystal Island Ranch currently does not have a PM 10 problem and is located outside any air problem areas, therefore no applicable PM-10 standards exist with which the applicant must comply. It is the applicant's intent to maintain the air quality at this existing level by watering or treating gravel roads as needed. The applicant will also work with construction contractors to enforce carpooling from Cazbondale to reduce vehicle trips to and on the Ranch. B. Water Resources 1. Extent to which the project will impact surface, groundwater and irrigation supply; and 2. Extent to which the project commits to maintain existing surface, groundwater anti irrigation supply for domestic uses, wildlife uses, vegetation uses and agricultural uses. Response: Crystal Island Ranch currently owns ditch rights used to irrigate the surrounding pastures. It is the intent of the applicant to continue any ongoing imgation using the existing ditch rights. No change in surface water, groundwater or imgation will be impacted. A letter from Balcomb & Green explaining the legal water supply to serve Crystal Island Ranch is included as Exhibit #4 C. Hazards and Natural Vegetation 1. A proposed development is free from man-made hazards; 2. A proposed development completely avoids development within one- hunclred year flondplain hazard areas; high hazard avalanche zones; landslide areas; 30% slopes; rock fall hazard areas; and .severe wildfire areas 6 000031 3. A proposed development commits to preserve or enhance natural vegetation and terrain on the site and to revegetate disturbed areas with ~wtive vegetation; 4. A proposed development commits to minimize the area of disturbance by limiting the size of the building envelope, roadldriveway cuts, etc.; and 5. A development commits to weed management. Response: The proposed development is free from man-made hazards. Environmental hazards have been addressed for this parcel in the 1041 application approved November 6, 2002 as Resolution no.225- 2002. Acopy of the resolution is included as Exhibit #5 of this document. No hazards were found concerning the areas of geologic, avalanche and wildfire. No disturbance of vegetation will be allowed outside the building envelope with the exception of the driveway. The development will not destroy any vegetation on the site other than within the building site itself. This home site will be controlled by a weed management plan which will continue as part of the applicants desire to maintain the existing vegetation in it's current agriculture use. D. Energy and Water Conservation/Waste Water Reuse: The extent to which an applicant proposes to employ: 1. Passive and/or active solar heating and cooling and thermal insulation measures beyond those required by the Aspen/Pitkin Energy Conservation Code; 2. Water conservation devices and wastewater reuse systems within the development rather than standard plumbing fixtures; 3. Renewable non-polluting energy resources for the primary source of energy for the development; 4. "Green" and /or high efficiency building materials and "green" technologies; and S. Reuse of existing construction materials on-site. Response: The applicant agrees to require the following Efficient Building Program items to maximize energy and water conservation. 1. All planting beds will be mulched with wood chips at least 2" deep. 2. Limit turf area to 5000 sq. ft. 3. Appropriate use of low-water-demand plants. 4. Zoned irrigation system. 5. Use of non-potable water for irrigation 6. High-efficiency gas hot water heater 7. 87% efficient boiler or 94% efficient furnace or better. S. Blown or sprayed insulation. 9. Use of FSC or SFI certified materials. or equivalent. 7 000032 10. East-West axis should be oriented within 30 degrees east or west of true south. 11. Overhangs will be designed so that south facing glazing is not shaded between 10 am and 2 pm on the winter solstice, and is totally shaded between 10 am and 2 pm on the summer solstice. 12. Solar access should be unimpeded. E. Conservation through Construction Management Plan: The extent to which an applicant proposes a Construction Management Plan to: 1. Limit the number of trips to the site through carpooling, storage of tools on .cite and other innovative measures. 2. Limit the amount of fill removed from the site through limited excavation, regarding and u,se of the fill on-site. 3. Control noise and dust generated during construction. 4. Minimize construction and material waste (i.e. reduce, recycle and reusel. Response: The applicant agrees to require the following items to control construction management. I. Construction contractors with employees on site for more than 4 hours each day will submit a plan to the applicant for an organized car pool from Carbondale. Parking of sub-contractors will be controlled by issuing a limited number of job site parking permits per employee. Provisions will also be made on site to store tools and equipment for contractors so that they do not need to drive their own vehicle only to carry tools. 2. All fill dirt removed from the building excavation will be used either on site or on the Crystal Island Ranch. 3. Driveways and Lewis Lake Road will be watered as needed during construction to reduce dust generated during construction. 4. The applicant will require the contractor to maintain two excess or scrap material bins, one for trash and one for recycling of glass, aluminum, and plastic. 5ignage will be placed on each dumpster indicating materials that can be thrown into each dumpster. 9-120-034 -Wildlife and Wildlife Habitat Protection A. Avoidance of Existing Wildlife and Wildlife Habitat Avoidance of Existing Wildlife and Wildlife Habitat. The extent to which the proposed development, including the building envelope and other disturbed areas, completely avoids existing wildlife and wildlife habitat including, but not limited to areas mapped by the 8 000033 Division of Wildlife on Wildlife Resource Information maps or areas idemified by the County biologist as: critical winter range; migration corridors; calving areas; waterfowl habitat; fisheries; riparian areas; wetlands, and sage, aspen and oak-serviceberrv habitat. Response: The Division of Wildlife has identified the southern and upper portions of Crystal Island Ranch as the more critical to wildlife. Kevin Wright of the Division of Wildlife and Jonathan Lowsky of Pitkin County... have both conducted site visits to review all proposed homesites to make sure that they location will minimize any impact on wildlife habitat. The applicant has placed into conservation a total of 1068.4 acres which were determined as being the most critical to wildlife habitat. The proposed home site is near other existing residential development, will be accessible without any new roads, and will cause less impact in this location than on other possible locations on the ranch. B. Canine management The extent to which the proposed development commits to prohibiting dogs where the building envelope is located within one- quartermile from mule deer, elk and bighorn .sheep severe winter range, winter concentration areas, migration corridors and production areas. Commits to kenneling dogs where the building envelope i.s located within one-half mile, but more than one-quarter mile, from mule deer, elk and bighorn sheep severe winter range, winter concentration areas, migration corridors and production areas. Where the building envelope is located more than one-half mile from mule deer, elk and bighorn sheep severe winter range, winter concentration areas, migration corridors and production areas, automatically award two points. Response: Dogs shall be kenneled on Lot 14W except dogs working as part of bona fide agricultural operations. Construction workers shall be prohibited from bringing dogs on-site. C. Enhancement of Wildlife or Wildlife Habitat The extent to which the proposed development commits to enhance existing wildlife or wildlife habitat or to restore native habitat to degraded sites (for example, creating or restoring wetlands and/or riparian habitat). On-site enhancement is preferred, but where there are no significant opportunities for on-site enhancement or restoration, a commitment to enhance or restore other sites in Pitkin County may be considered. Response: 000034 9 • .Lewis Lake will be planted with willows and cottonwoods along the disturbed area of the dam on the west side of the lake which will enhance water fowl habitat. Also the applicant will use a DOW seed/fertilizer mix to enhance the grazing yield for range animals in areas of old pasture or other disturbance where native vegetation is thin or nonexistent. D. Reduction of Human Influence Consider the extent to which the proposed development commits to cluster development and reduces the zone of influence on wildlife and/or wildlife habitat. Response: The applicant has chosen a location for the proposed home site to be in proximity to other residential development rather than a location on the ranch where human influence would have a larger impact on wildlife. No new roads will be constructed for the purpose of this development other than the driveway off of Lewis Lake Road. The applicant has placed 1068.4 acres of the ranch in conservation, therefore, greatly reducing the human influence on wildlife at Crystal Island Ranch. 9-120-035 -Consistency with Land Use Goals A. Open Space The extent to which the development preserves desirable undeveloped lands for wildlife, scenic and other desirable resource values, or preserves known agricultural lands, including those which have been historically irrigated, used for food, hay, grains or other feed production, and those used for dry pasture and rangeland, consistent with adopted comprehensive plans and Land Use Policies 2-10,2-30,2-120, 2-160, 2-240 and 2-280. Response: The applicant is proposing to develop one home site, 14W, on a parcel that is 8.86 acres. The acreage outside of the building envelope will remain as open space /common pasture thus preserving valued agricultural land. No disturbance will be allowed outside the building envelope other than the driveway. The Crystal Island Ranch PUD includes 1068.4 acres that are encumbered by existing conservation easements. Additionally, the PUD consists of a total of 22 single family residential Lots on 637.15 acres of which 42.45 acres are building envelope and the remainder is open space. An additional 60 acres of imgated pasture 10 000035 has been preserved at the entry to the ranch and along Thomas Road; creating an open space "buffer" between Highway 133 and any home sites on Crystal Island Ranch. B. Visual Impacts Considering the extent to which a development impacts the scenic quality and visual character of an area as viewed•fi-om public roadways und the extent to which u development is consistent with the Scenic Overlay standards, Land Use Policv 2-120, and the West Elk Loop Scenic and historic Byway, notwithstanding the fact that the parcel maybe located outside of the mapped scenic overlay (i.e., within tributary valleys to the Roaring Fork Malley). Response: The proposed home site will have minimal visual impact from public roadways. L.ot 14W is located behind a hillside and a building will be only partially visible from any public road or from any other home site. C. Development Below Allowable Density 1. Consider the extent to which the development proposed is less than the allowable density in terms of numbers of dwelling units (not including caretaker dwelling units, employee dwelling units or deed restricted affordable housing dwelling units) permitted in the applicable zone district. Response: The existing zoning on Crystal Island Ranch is RS30 PUD. The applicant has an approved PUD for development of 22 home sites on 1620 acres of the ranch which is less than 50% of the allowed density. The proposed overall density of the Ranch is 1 unit per 74 acres, or 22 units on 1621 acres, which creates development below the limit of 50% less than the allowed density of 1 unit per 30 acres. D. Development Below Allowable Intensity 1. Consider the extent to which the development proposed is less than the allowable intensity in terms of total amount of square footage of floor area potentially available as an allowed use under the applicable zone district: Response: The applicant is proposing a home of 5000 s.f. The applicant has the option of increasing the square footage to 7,500 s.f. provided he eliminates an adjoining 5,000 s.f. home site (15V~. The applicant 11 000036 will commit to placing a square footage restriction on this lot of 7,500 s.f. The allowable square footage in RS30 zone district is 15,000 s.f. This is a density reduction of 50°10. E. Clustering Consider the extent to which the development proposed clusters the structures proposed for development, or, where applicable, clusters the proposed development adjacent to existing or approved development on adjacent properties. Response: The proposed home site will be clustered neaz adjacent properties containing existing structures or home sites. This home site is in a location where existing roads will provide access without creating new disturbance. The overall plan for Crystal Island Ranch clusters the designated building envelopes to ensure that large areas of contiguous open space are preserved. 9-120-036 -Bonus Points A. Bonus points may be awarded only to development which achieve the overall minimum scoring threshold in Subsections 9-I20-032 through 9- 120-035. Response: The applicant has demonstrated that this development application meets and exceeds the minimum scoring threshold. B. The Planning and Zoning Commission shall consider the extent to which an applicant purchases interests in land in order to preserve valuable undeveloped lands or creates conservation easements or dedicates land located in the Agricultural Wildlife Reserve District (A WR) of the Pitkin County Down 1~alley Comprehensive Plan: Response: The applicant has placed 1068.4 acres of land in conservation easements held by Aspen Valley Land Trust and Pitkin County Open Space and Trails. These parcels of land were identified by the division of Wildlife as important comdors for wildlife preservation. They will now remain as open space further preserving valuable undeveloped land. A paccel of this conservation was obtained by working with the Conservation Fund and Pitkin County for the applicant to acquire an 84.5 acre parcel from the Conservation Fund. With the acquisition a public access along the eastern side of Crystal River has been established. A. Creative Bonus. Bonus points shall be available to the applicant to specify other creative methods in which the proposed development will achieve the goals of each of the categories set forth in section 9-120-032 through 9- 120-035. To be eligible for a bonus point, the applicant shall specify in 12 00003'7 which category the bonus point is sought mul describe the creative measure which the applicant proposes to further the goal of the caiegorv. Only one creative bonus point is available per category, with a total of four possible bonus opportunities except to break ties between applieationc. At its option, an applicant may submit fnr one additional creative bonus to be considered in the event of a tie between applieationr. Response: Category: Availability and Appropriateness of Public and Private Facilities and Services. The applicant has created 6 parking spaces adjacent to Thomas Bridge for users of the Pitkin County Open Space along the Crystal River. It is the intent of the applicant to encourage fisherman or other recreational enthusiasts to park in these spaces which are safely off the highway rather than in pullouts along Hwy 133. Category: Consistency with Land Use Goals. The applicant has an approved PUD for Crystal Island Ranch and it's 1620 acres. The overall density of the ranch has been reduced to 1 building envelope per 74 acres, greatly reducing the potential overall development. The applicant has placed 1068.4 acres in conservation knowing preservation of this open space and wildlife corridor acreage will be important for the future of wildlife in the Crystal River Valley. 000038 13 Exhibit 1 000039 I' i~ ~ i i i~, / I I ~ ~ ~ i ~~ ; ~' ~. ~, / '; ('s•m+;1~~N Isl.uu# 1~Falu-h I"(!-) ' i ~ %' ~~~ ~ ~ / j ' ~~; I- cat 14V4' ~ ~ , j, . 'r '; i;,' p CIR h~, !i ~ !`.M ~ r~ ~, ,~~ . i ~, ~I . ~~ , 1.w I- vi ~ ~• ( ~1 ~~ ~.rt ~ CIR7~., ii ~'_ 10W ~ ~;!~ 9W " 'v ~~~ f~i ~~' ~' C1R8 ~ IR7 v~ ~ ~y~ /~ I ~~~/j~ 1 1 ~~ i ~ ~ ~ / r ' \l ~ ' "~'~ )S) r 6 r, \ CIR 8 ~, ir'I'I r' '~ ~ ~ ; i~iw s ~ a` ~ ~ \~d~ "~ ~ U ~^ V ~!~ Sri U IN~ a,5uil' ~ ,A~;..1 ~~~~ Ld. v ! ~ ~ ~ ~L ` C>t vst.il [~,Iluui }2anc11 P111) ~ %1',r, /~~ ~ ~\,~ ~ i' ' ~ I nt IOW /~~ ~~~~~~~~~ ~~~~' ~ 1 ', 1~ I ~ . ~, -~ it ~/~ ~~ ~ 6W ( ~ ~~~ ~~ ' v ~ Iv~~~~~~~~~~ ~~~~ ~CIR5~ ~i~. ilii lei (( ili fir I ii ~~H il~ i ~~ 1/'' b l'~~P ~~ i ) I ~~ ~, ~; /~ ' 14W ~cIR s= '~~s CIR R ,.~ ^U~: ~I' ,,.'..! / ~ C ~ r,l ~ ~ , ,/i ~~'u^~ ~,,, ~ , ~p;;~li ~ ~ s ~ ~~~'~~ § \^ ~< I i',I"Ili 11~ V 1 4 ~` ti `~ ~! 25W ~ ~-~ ~~\\ ~, it ~ ( ~ !yd ti ti ~ ~ ~ ~~ (r C1R 4, ~ ~ ~~~~ ~ 1~~ IUi~~~ 6W `-. l~ ~r~~Z~f V~~ ~~~.~~ ~C(R ~~' 23W ~9 ii ~ ~, ~ w ~ ~CIR3 t~~. ~~, ~~~, ii ~s i ~~ ~ ,,~ ~ { W1~26W .22W 27W ~~ I ~~~~~~I~ ~ r r,;~~1 1 ~` Il ~ ~t elClR yr~ ~ i v: 'CIR 2 CIR ] / .'. iu p. ~/ ~ ' ~',~I\ ;, ,, ~~~ ~,~i .. .. ;,,. >l _ _. , ~ .,n I~ 7W ~ /~'~,~%~~/~ ~~,~1 ~~~ ilu,~i~ ,CIR2•„ 28W, ~~ ~' ~ ~ i ~~ (~~~~~~i 1. ~~~'~ ~ fa, Sli~~ ~ ' i 1 CIRI it 1 1l/ ~ 1,11 ` ~~ ~~ '' ~~0r U111~~~ ` 32W j i Y=.~ ~ _ - I ~ ~ i~ ( ~ 33GV~' ~~ . ~IR 5 ~, I ~ ,~ ,~/31W , ~30W p' 29W ,, ' ~ 1 i ~ r ~ l l j ~ ~~(~~'' ~~. A ~~ ` » ~ ~~~~ ~ ~ 1ACIR 3 CIR S CIR 4v~i I '~ .A 111 ~l ~' I~il f i i i~f t~ ~ ~i it i ~f. ~/~~ l~ ~ il~~l ~ I ~r~ I ~~rr 11 ~~ i ,~ ~' ~ l /i r ~I(- 1 ~ 1 ~lf ~ l ~ ~ / ~~~Iti ~ ~ i`J~I~I`Ili,i~~ ~ ~ ,. 344V ~`t ~: // ~lI //% '' ~; ~~i~1tu~,`~('~a`~~ v7~; /f\ 1 1~rrr~ ~~ ~~~ I i ` ~ r~{ 9 IA it ' ,; i 1 u r ;S S i I ~ , ~ 1 is ~ ~ ; z, ~ i ~ 1 ~ ~ ~i I I D) i~~~~ 4k{. lh~l ~ i 1 hol - 4f„~, ~ ~ i i 3 ` ; ~~~~ ~\ ' , /:~,,,,,,. , ,, ~~~. ~~~,Crystal` Island Ranch Oar p ~~, '' ~,rti{{,;,- ~` wnershl ~~I,~r~~~ ~..! l'~~l _a ~. _.. _-u :~ v__.._ ~,_~. ,~wtn~.ui l,u ._._-..7 _ .. ...._.. '..~!{ ,~tI~~U,'~\1L_,. Nmentlxr i, 2IX}4 I l'hc Lund tiludio. In.. II)UZ ~A1URn IAl1L' t~lnxnll. CY) A I bI I """^ s ~ Crystal Island Ranch PUD Context Map oooo4i Scale - 1:125>000 north Meadowwood Apartments LLP 12744 Highway 82 Carbondale, CO 81623 Cold Mountain Ranch Llp 4239 Highway 133 Carbondale, CO 81623 Holland Llc 315 E. Hyman Ste. 305 Aspen, CO 81611 A. Jr., Mary & Wendy Boland Clay 0288 Cabin Drive Carbondale, CO 81623 H-Lazy-F Trust 0164 Thomas Road Carbondale, CO 81623 Phillip & Rose M. Henke 0275 Thomas Road Carbondale, CO 81623 Linda I. Reser P.O. Box 1306 Carbondale, CO 81623 Mary Waggoner Wilson P.O. Box 421 Carbondale, CO 81621 Mary N. Harutun 0589 Thomas Rd. Carbondale, CO 81623 Bane Tracts Thomas Harvey C/o Gideon Kaufman 490 California Ave. 4t" FI. 315 E. Hyman Ave Ste 305 Palo Alto, CA 94306 Aspen, CO 81611 Seven Oaks Commons Co. Kate & Richard Holmstrom 0501 Seven Oaks Rd. 1577 Canada Ln Carbondale, CO 81623 Woodside, CA 94062 Doreen Goldyn P.O. Box 1523 Basalt, CO 81621 Sustainable Conservation Inc. 1800 N. Kent St. Ste 1120 Arlington, VA 22209 Austin F. Heuschkel 0164 Thomas Road Carbondale, CO 81623 Iris Jones 0171 N. Thomas Road Carbondale, CO 81623 Myers Residence Trust 316 North Thomas Road Carbondale, CO 81623 Karen Brown June Nightingale Leonard 14 Vasco Dr. P.O. Box 41 Mill Valley, CA 94941 Carbondale, CO 81623 William Roberts P.O. Box 1149 Carbondale, CO 81623 Marguerite Villasanta 461 1 Cedar Garden Rd. Baltimore, MD 21829 ooou42 • ~ ~~-~ ~ GENERAL WARRANTY DEED THIS DEED, made this I ~-day of ~, 2004 between RICHARD C. JELINEK, a/k/a RICHARD JELINEK, of the County of Pitkin, State of Colorado, ("Grantor"), and CIR 6 RANCH, LLC, a Colorado limited liability company, ("Grantee"), whose legal address is 0312 Aidge Road, Aspen, Colorado 81611. WITNESSETH, That the Grantor for and in consideration of the sum of TEN DOLLARS ($!0. W) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and does by these presents grant, bargain, sell, convey and confirm, unto the Grantee, its successors, grantees and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Pitkin, State of Colorado described as follows: Description attached as Exhibit "A". also known by sweet and number as: none assigned. TOGETHER, with all and singular the hereditaments and appurtenances thereto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all [he estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law 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 the appurtenances, unto the Grantee, its successors, grantees and assigns forever. And the Grantor, for himself, his heirs, personal representatives, successors and assigns, covenants, grants, bargains, and agrees to and with the Grantee, its successors, grantees and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except and subject to Real Property taxes for 2004 payable in 2005; and ALL OTHER MATTERS OF RECORD AFFECTING THE SUBJECT PROPERTY AND MATTERS WHICH WOULD BE APPARENT UPON A VISUAL INSPECTION OF THE PROPERTY. The Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee, its successors, grantees and assigns, against all and every person or persons lawfully claiming the whole or any pan thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to ali genders. IIflIIII~I~NINIIIHIII~IINi~INll~llllllli 500662 eaaaR 6tlV2P aPV 18 PITNIN COUNtY e0 R 11.00 0 0 00 000043 IN WITNESS WHEREOF, the Gran[or executed this deed on U[e date set forth above. Richard C. Jelinek, a/k/ ichard lelinek STATE OF COLORADO COUNTY OF PITKIN }" The foregoing inswmenr was acknowledged before me tlvs S_ day of ~, 2004, by Richard C. lelinek, a/k/a Richard lelinek. WITNESS MY HAND AND FFICI L SEAL. My comrtilssion expires: ~o1A;R Y'°L .~ Coth ':n Notar lie IIII~II/IIaIv~NIIII IIICN~I II1I IlIlII III IIhI~II ~III~ °~0602aea ~. aaa c:aMO o.,. n w,..~oancn..w.n.a,ria ~ w,.n. uen.o,ae. mrum w.~gGe~ie e.q OODU44 8W PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED INTHE NE1/4 OF SECTION 22 AND THE NW1/4 OF SECTION 23, BOTH IN TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO. SAID PARCEL OF LAND IS ALSO SITUATED IN A PORTION OF THAT PROPERTY DESCRIBED AS RECEPTION NO. 343855 OF THE PITKIN COUNTY RECORDS. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SECTION 23; THENCE, N.12°06'30"W., 2,935.20 FEET TO THE POINT OF BEGINNING; THENCE, N.51 °51'49"W., 795.26 FEET; THENCE, 364.41 FEET ALONG THE ARC OF CURVE TO THE LEFT HAVING A RADIUS OF 206.00 FEET AND A CENTRAL ANGLE OF 101°21'23" (CHORD BEARS S.77°27'29"W. 318.72 FEET); THENCE, S.26°46'48"W., 7.67 FEET; THENCE, N,63°13'12"W., 698.00 FEET TO A POINT ON A FENCE LINE DESCRIBED AS THE EASTERLY RIGHT OF WAY FENCE OF THE FORMER CRYSTAL RIVER RAILROAD; THENCE, ALONG SAID FENCE LINE THE FOLLOWING COURSES: THENCE, N.24°01'05"E., 80.43 FEET; THENCE, N.23°40'47"E., 121.59 FEET; THENCE, N.36°15'09"E., 170.06 FEET; THENCE, N.21°23'23"E., 78.34 FEET; THENCE, N.09°15'17"E., 118.00 FEET; THENCE, N.23°25'39"E., 61.35 FEET; THENCE, N.25°18'27"E., 152,51 FEET TO A POINT ON THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN BOOK 655 AT PAGE 648 OF SAID PITKIN COUNTY RECORDS; THENCE, ALONG SAID SOUTH LINE THE FOLLOWING COURSES: THENCE, S.62°46'48"E., 1,270.99 FEET; THENCE, 5.64°08'36"E., 145.48 FEET; THENCE, S.57°57'45°E., 90.26 FEET; THENCE, S.35°18'23"W., 23.32 FEET; THENCE, S.62°11'10'E., 663.86 FEET; THENCE, LEAVING SAID SOUTH LINE OF A TRACT OF LAND DESCRIBED IN BOOK 655 AT PAGE 648 S.25°54'25"E., 326.38 FEET; THENCE, S.60°31'48"W., 315.67 FEET; THENCE, 5.47°34'10"W., 230.32 FEET; THENCE, N.62°24'10"W., 411.86 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 1,533,023 SQUARE FEET OR 35.193 ACRES, MORE OR LESS. II~IIIIIIIIIIIIIIIIIIrIIIIIIIIIIIIIIII~I~IIIIIIIIIIIII 496545 ss:e6H SILViR DRVIS ?]TKIN COUNTY CO R 46.00 D 0.60 f~IIlIII1IIIlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 50056 00 a:aea Property Description Prepared by: Sopris Engineering, LLC, Mark S. Beckley, P.L.S. #28643 OODU45 LAW OFFICES OF GATES, KNEZEVICH &GARDENSWARTZ, P.C. FROFESSIONAL CORPORATION THIRD FLODR. ASPEN PLAZA 9UILDING 6]J EAST HOPKINS AVENUE AGFEN, COLORADO BI611 LEONAgD M. GATES RICHARD A. KNEZEVICH TED D. GARDENSWARTZ DAVID B. KELLY OF COUNSEL JOHN T, KELLY MARIA TICSAV April 29, 2003 Suzanne Wolff AICP Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Mineral Interests/Crystal Island Ranch PUD Application Dear Suzanne: TELEPHONE (970)9201700 FACSIMILE (9]0) 920.1121 Imoaffl®okplaw.com VIA HAND DELNERY Per the requirements ofthe Pitkin County Land Use Code, the following is a statement ofthe mineral interests relating to portions of the property which is the subject of the Crystal Island Ranch PUD Application. A. The followingportionofthepropertyissubjecttotheUnitedStatesPatentReservationwhichmakes the original gra:rt of the property described therein "subject to the right of the proprietors of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided bylaw". , The lands affected are: 1. TheEasthalfoftheSouthWestquarterandtheSouthWestquarteroftheSouthWestquarter of Section twenty-three and the North East quarter of the North West quarter of Section twenty-six in Township eight South of Range eighty-eight West of the Sixth Principal Meridian, in Colorado, containing one hundred and sixty acres. 2. The lot numbered sixteen of Section fifteen, the lot numbered fourteen of Section fourteen, the lot numbered one ofSectiontwenty-two, and the lot numbered two of Section twenty three in Township - eight South ofRange eighty eight West ofthe Sixth Principal Meridian in Colorado, containing one hundred and sixty acres. OODU46 GATES, KNEZEVICH & GARDENSWARTZ, P.C. Suzanne Wolff AICP Pitkin County Community Development Department Apri129, 2003 Page 2 3. The lots numbered two and seven of section twenty two in Township eight South of Range eighty eight West of the Sixth Principal Meridian and Colorado, containing eighteen acres and forty hundredths of an acre. 4. The lots numbered three and six of Section twenty-two and the Lot numbered two of Section twenty-seven in Township eight South of Range eighty-eight West of the Sixth Principal Meridian in Colorado containing one hundred and fifty eight acres and twenty nine-hundredths of an acre. 5. Sixth Principal Meridian, Colorado, T. 8 S., R. 88 W., Sec. 22, Lots 5 and 12; Sec. 23, NW1/4 SW1/4; Sec. 27, Lot, the area described contains ]42.61 acres. B. L~ the patent from the United States ofAmerica, constituting the original grant of the lands described therein, there is a specific reservation in those patents stating "Excepting and reserving, however, to the United States all the coal and other minerals in the lands so entered and patented, together with the right to prospect for, mine and remove the same pursuant to the provisions and ]imitations of the Act of December 29, 1916 (39 Stat., 862). The affected lands are: 1. The east half of Section twenty-four and the east half of Section twenty-five in Township eight south of Range eighty-eight west of the Sixth Principal Meridian, Colorado, containing six hundred forty acres. 2. The southeast quarter and the southwest quarter of the northeast quarter of Section twenty- three, the north half of the south half and the northeast quarter of Section twenty-six, and the northeast quarter of the southeast quarter and the south half of the southeast quarter of Section twenty-seven in Township eight south of Range eighty-eight west of the Sixth Principal Meridian, Colorado, containing six hundred forty acres. 3. The South Half of the Northwest Quarter (S 1 /2NW 1/4) and the Northwest Quarter of the Northwest Quarter (NW1/4NW1/4) of Section 26, and the Southeast Quarter of the Northeast Quarter (SWI/4NE1/4) of Section 27, all in Township 8 South, Range 88 West of the Sixth Principal Meridian, containing 160 acres, more or less. C. in a deed from Louis J. Love and Dorothy Love of the County of Garfield, State of Colorado to Charles B. Thomas, dated September 29, 1952, there was inserted the following exception: "Excepting and reserving all oil, gas, and other hydrocarbons and all associated substances and other minerals of every kind and character in, on or under said lands together with all and singular rights and appurtenances thereto in any wisebelonging with the right of ingress and egress and possession at all times for the purpose ofexploring, mining, drilling and operating foresaid oil, gas orotherhydrocarbons and all associated substances and other minerals, and ooou~~ i • GATES, KNEZEVICH &GARDENSWARTZ, P.C. Suzanne Wo1ffAICP Pitkin County Community Development Department April 29, 2003 Page 3 removing the same and the maintenance of facilities and means necessary or convenient for exploring for producing, storing, treating and transporting said oil, gas, other hydrocarbons 'and all associated substances and other minerals." A search of the assessor's records, treasurer's records, telephone directories and other records in Garfield County, Colorado has not reflected the existence of the said Lewis J. Love or Dorothy Love and therefore the best address for the Loves would be Garfield County, Colorado. Therefore, with the exception of the reserved mineral interests unto Lewis J. Love and Dorothy Love and the reservation of mineral interests to the United States of America, as to other portions ofthe property, there are no outstanding mineral interests affecting title thereto. We are unaware of which United States government agency administers federally reserved mineral interest, but assume it to be the Bureau of Land Management. Copies of the patents to the subject property from the United States of America and the reservation contained in the Love Deed are enclosed herewith. ' If you are in need of further information, please contact me. Very Truly Yours, GATES, I{NEZEVICH &GARDENSWARTZ, P. C. Leonard M. 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'S°IImar T£llavs 1'~r Th¢E the United SEadas of vJinerir;a, an-adnsid2¢Hh;Eidn with Glza several Aat.r of Congress r:n sreah.ead¢~>nuda`afidprciiiil¢Y7.; Taave-~QCven., ...s.> .. da diva a»d pr¢.nt uiaEn the sairJ......::> t.(1r~1:f:.:°a1..t::i':a.E':'nFt:!1:!::L .:..::..:..... ¢nd ib:....nd:.l .............h¢Era, dh¢ saEd. Trart rldibva'dasoriL¢d; 'I`6~'Have •and~i Eha rd~rhts, privit¢ga54 ~i,»inzrumiEdes anti' dppui'tertanaes; of iuhJi.tSOav¢r ~'ndtu,iiny;4 • and~4a._:$1d~:......._:h;¢irs and a.9signs~for°ever; 5kLjoad.~En:.a-ny~-_.vildEad rwlEl>:noai~i»anu/'dntttAinp or nth¢r pRrposaa, ontl Ti,~Eh'ts-th u7,iic~rils ri wat¢r'ri%ghts ¢.9 »laybn rnrnErnBted ~ni4it axle»nuilcd~ivd=Ly Eh'¢-ldvai ¢F5o stlu'aaE Ea kha-~rE.~h.E of Eh:a 7)roprEdtbri'vf a vain' nr BiS~dn tn'~ e:iErac 'tha~.prnrnisasr';ILNylaliy'ugr`ryrnE6d;'"fi:fi~ ,.., - ~ i~~-;;,hl'gilftm'omg':}:~6ute®c, .T,....,.:.,:.,!:at1.,'.' e9 ,., ^...:t~.:,e!£.rl,..,...... havb~roiE~.'.4ad~•these. ZetEans to Lt in.ade .~rat¢Yit, and. Elre ~•Seol n/''tl4'i!~'TJeneld.l ,. , _: ~:.'.Ek~D9E'eS under Yny hnn'd, at ~tA¢ Z'4ty n) 'W'd, ,'; ~'.r' ~" ~r xtuy oj:_~~~/r >:ia fx ..~ ..~ iri. ih.e to36!m ~5, ~a i~,~~r, e~ ~+,s,Na;~~l. ~n~ 'j,~.•, r icy xn. t-:c ~i 'f~" Y5 v.:a - '.:. ;; . 6 n a b ,. n // ,.. :E~~: ~{rgga#, .i :~~ r, r..'. x ...;.:, ~Y7.[„ Y,ll. rya ~oeors- Yeaar°^~ ~~ 1 ~, - ,:;., ., ?F,' .. ,..' W11taeas, a'Cerkificete of tke-Land O~lRcx•ht Dpfi4er, COlofado, _~ is now ,dep5sited• in tk~ 'Idureau Hof' Land ~Maijagemet<t;'wketefih ft ~appem•s ttiat i+dl pnyment has _ beeh=tilade-1}y%the ela(rnant'Chpflas ;E ~''lhgn~~t ,".racCOtd+6g to the provisions Of Chapter 7 T(tliz`32 oftthe~l2evi"sed"~Statiitea~of the United States and ~.. - ~-'tncisliit(ah~-`'ddotilementel thereto:~'fbY''tKa"~fbllowtnkhdencl•.ibed 1iifii7 " ' ~ S'itttBv:PrtGclpoli"MFrY`d"i`en; Colot:atlo. ~r :o- .' - Spa „ 2'~' 'i gety-27 Le[:1, -~--- " The+~efea-descif bed-cogtiiinp"142::81-e8ree; according,t:b:the'Otlidiel!~PIaE'of Lke75brvey OLah2isaid"Land; On Tile in the!Bttrean-nf Laacl•Mauagemdut: Nbw i{JOW Yc 'That the UNfT1;b S7'ATT'~b~ AntealCn, m c6tt61rt~f"Atltlk of the pt ektisea; nttti in confbrmitv'ivtkk dha+raevetal Acts=?of Co''ntit7edstshi+sucfi•°Oabe-~made+d~tl`broVlHed` Has t;iVEN nttn dite~3iii ttigltts{. _ 1:3aidI~CI accrue ~" ~aitla+e. ' theIoc . _Pight='c tke++3 .. _, .and'?'e 5~~ I tl,. , 1t' , + + i ~ ~'1; ,z„ + a :.~ 7 + c ..v. .. f8~rm it i. Aud"to the hpf13 Of {ogdtlier.a~ihh 1i1141te 5•Itelbnginq, ant0 the tit to tiny vcatad and nlt~l riglits. to dltchOs itiii -atiasOtvledged by ills liereby grni+tcd, n 11i iie21 Stntes• in ob ppc[ n`d#'tlonp SCat. IN 'PESTI}AONY WiieitcOY„ tke inrdel•signOtl authorized oftiocr of the~BuleaU bf"ii§ntl ManngemOnt, -in accordance with the prdv6lohs oY thel?Aut of dune.. 1'7, 7695 C62'Stat., 976), hna, ififtke=Name oP'tlie Whit~itL'S,Blitea,'Oaused tNuse lectors to b0 made+$atxnt, and the "Seal Of the~l3uceau to be herrnmto atifxdd G1V,CN nntlei~my han<I, ht the Distriet of Columbia, the '[~E~(71`Y'LEICHTtt rlaY Of APRIL in lhv yant•of oUr~L'OEd Itne•~thousand ttinc huudted aril FIFTY-eICNT and~bf the Inilehc>ttlouce Of 41te UnitMl Suites Ilte one-hundred and~~:6IGH1Y-15 ECUttD. Ftn'tlte •I)ireetor, Dil reauof Land TlnnxKt`ment, Qhir/nYldrnG SeDrinn, IIKYgb, u. ,. un}.ry„wi.n•n,nn y ~.. s4Yr r x:.. b :e %~ ~ 1! f a 7,n1`:', .,ItOi')49?Pj. PRID~fll1PTSON G98 LNtRYF/n NTtAm.1BEE.- a^.. ... rv. y.n .r n.n ow , .,,I r ~~. UTo SES1S ., oz ~L`cr ty}"iSnto. i7o .~.. ASS ~.°. ~.:,~... ~ ~o-a£BS¢ vc unzwt7zrtma ~?itltEtaiRha~zt,r„•a1~,E r,uliic", ~"Yt1~1'1'5),WCrc ..,. ~~~lC{E:{jf,.....d,.'aL.._Thamae..RS..P.7,t3c1»...C.outtt3-. Co7:ox~nrla ._.........._ ,. ...,, ~+:..; ~' '.-'Aa a-drposi~tnd in )lr~ ~C7eram•at Lmnd. Oj]j~ne s/' tlr.a tfrnrdmd: ,":bn.8os n~ d,~h7unmr:n n% iAu ICngz.oinv of eAn hrrnrL O]~j~oe~, - r, , 610_ itwbvd 6Pr iYlga_.Oolorado _ _,___yu{nnreby it rtppun.r.e {A.rrA frxdd pa.,) ~ c t .~ ~~ I ..._......... J._L.. -Th csa_..... .. ._.____.. r numt L(n~ b<tn. nrn 7r ht tlt<`Sri acrortlin.~+Lo th.e Provi.timx.v of tlxd dct,nJ' Consrdss of Lhe 2/;tJx of .Upr ed, :LSBO, enLi/,led;.'~J1n dt:L. nurt.)nn~ Jnrlhar 7 1 ,. ui,aion fur Ilea said of t)io £ublxo Lands, and rho sots .tmpplenamzda.l tH ornto, for'. ... ........_.... .... ,a u% i tha. A,or,n rnJmlrernd three .and n1x of So ctYon 1'tevonty-Lwowtrl the Lot. numbei•atl tv+o p4'' ~ Se atian twontyc eavnn Sn '1`ovntnhiy al ght South nP 17enNa e1 H11ty-..eight VVd,nt:bf Yhp Sixth Pr inaly®1 AM1er Sdian 'Sn Coiorstlo oonL'ninirig. ane~hundred and YSYty eight+acrna and Lwe~i' nine hundre dtha of att arse. I ~~ according-to tlxd OJJic'ial. PluG of tlxc Sarver) of Glue su:id, Lti.h:ds, reln,rned Lv i.Ir.e~ Gr7rdrnl aiond {JJJtoo ,Lj/ , t; ,Surveyor Gener¢l, ru)iticTa said Tract 7xa o6een pwrchaserl'byit)ca.said:....d. Lc:.'.m.BO.IAAA ,: .:.-__,, ,; F ~.~~ ~~ ~~1`L4Aat IgAO:w'$0~ Tlzn.{, Ilea United SLmLds df /Jrn:nri;oa; iru doiusiilern ixvn of%Ir.p,;;; wiEJx.tlxa s~dvdro.l :;lutsln/`Corxgrdss in. a~wcla ca~s•um.n.db'a.nd )r1•ourdnd;~ )uovk GrrllnrL':a~a'd.-grx do Lsivd-and :rant :unto Lhe said ................._.,dr...Lo..;l':ho..f10.C..........:.........::_.............::.;::::s and~ta_.....:h1tt ... .. .. _)r.ar;rs, tlne said TraoL a,liuVO desrribrd 1.'o-:Hav4 and •t5''$old the H.; hts; .prxvitggos, annuuntiLies oazd appwrteno,noos, ofl.WlzB,Lrpdvl?i: Nmhura, 77Lerpun ................_...................................._.....---._.................._......_ J.._h....'~atia'roan.:..............._,,.........:.:~.. and •to::::17.1d.........heirt~and assi{tns`. forrvnP; s¢bjdct to' 2ixu r;OAfed arld •J:cnr ri:crl=rva out{u.{7i~li~fnknw%aatirnin{( or oEhrzr )rUnposa:t, a.rv,d: •rr,,q)u{s-:Go dxLdhd..'- Nrzel rat^r onr"4~'~,':e~ ranter=rzyr)iGS ~ns 4>tar/'~-U¢ h=odo}iniznrl aradrmulortorbbda7,gad°LU Glee=docaL :outGnutt ~uwsn .. - ~ _.. .... r: ri snhra )Jd Jq}I rid Lo ridf1:8L>¢{r, OP 'ihillif bALL {1/a "Pr nrtlLtPS 1+eTbb{/ drirnhrl:;'ot l+rntlldnri Faa zJ4`aetl$~aza~ 'vM7aedaa£r Sr .. Hyt!rJamiq Har t~f;am{ hraou. nar655a=Wuese=letters to 171b ~7rubde. patent; ,acrd Lhe Seal 7J lltd Gdrie.r dl, Lnn.d )JJJ QkcasL:uretnr'rng-7yaird; aL L)re Cilj of IVU5/xnpgloic, a srS '. do{/o1 .,. AeCemb9r: im Ghd USrer of,; ytLNQ /;5 r~r9?~> hruizdrerdjan ri ktln£~,y f.+L6 ap Fred J~t>E~ VL0 C.\ ~ ~~ ..1 ~~ +151UA2.+3 1 JEaY is+Phr}o7ce )uxnxdraa ant~r u7=t~a GYVL~F ', p .u f§.t- .ix:Y73l1`P77~)ib'1)Jh1rT r:•I I})gfiJsTlJi,, (ICr.l4S tt :~,; I :. 'Au.,_ xl~. ,. ... .,. _ ,. n.,. zte..k znrlsnd.~i 4. 000053 ut.vr^nnxennn•ninn--~r r.. c,. u.-:.::~.... .:,.~,. ;rv. .,..,. .~„ ~,.„. _ ____ _.____._.T___.___-..___.~~" y~n<i o cr P._ a~llher isi -0UNrr OP irn.,~~~f3r.h L_w Sor GAI~„°~- ~.~...~.,1 ~~, ~d ,:a~,~,..::1 :I tllmn Lll [tFS J [0'/L and DORO i1 7' ':E ~ '"'~"''~ ~:~ ., „r r.:. ,max, ~ i itl,-fir.i na~Tfr..'Ctvl :9 r''.. .. ~ r.. fir, ,:: awla. wA4lllo~'SBO ,.I rL.Ihlydl 1 IA~r .I I ~:.un ", ~ ~. ' iYhkr.r rod and'-vul ucb]e. coral `Jc rst]cra.,. _ _ -. _ .. .. _ _ __prdvit;a;~;r,t UtlfL In Lna,l p V br rbr u::,i Lu y ~ r li. .,. I r I.:Im :.:p I t n ,r i.. ~ nnn n 1.!", n'I. GL'/ 2 p.rv,L I '~ ilbl u.~ne er.R„. I vr* I .q. ~ I:: ,: I il.r r: . . Ir f ~. q'vv'LdletP rl••^J9 I.1 ra +Ir,hrrov II n. rV l r - rl tl 'I-I la. nl !'L .I h,rri tl c Nof tl Ir sC:an rLrr (9~h na UII II r „rywa l m rtes I tL~ I, I u ,~ V of 9o eL3on 76-mI~onLlr? vst 'I lr"s-II'I' n:P ~h I I i f t in-Y'~rnr~171x, ~?u I ._J^,o-+?•fl~-ritL'<. _ll c ~ .E`I -t : il-n P'~7.7 t*r r, L`' N k l asr more nr~Ae: s, ~ f' Ft ill, ¢11_o~er~'i exl aCt n: n'; drnr.m hono 'rld [il cr.rc:nc l.nted ellh. trr:nn~ s i~ ovor,y kind and chnrflel,er 1n, rln and Imv~:r v .l rte-{-.r,.rthn-r.~~ I~l.n u)~n o'r~FO rvrnoT'C^=1-Et : myvr sr he lone tnn.r °Ie ?•1 „(~ ; sew '~nnttse.;,31.on ITT=i~r` _r.~rt7e ~rFbS':i,. ..Srl nyr m.nFrr-r:r!15;~ s; un'~: ramov)rn the sumo unn e:.; ran!. rrtennnr;e nP ge cf.l~Tv.TI _.-'{. m.""^: er4erSi. f 1 oxR19i•1?r_[¢Pj,-"'Tr odric lrih'~_s"io tn`/-,y Free tln~-:nll 1\nn.9pori.ln^ .lot ~hy_ro c.lrlarns m~! all nE c,Iatdff a tui_cE ,and ol; h;5i•-I`!i RT,IraYa-°' ('~Q.2',. I' Uor_mnonl:Pry SCnmpa Lti tar,hod and Cnnoollod) iporirren w ,I 11 n r n I- 1 r.-rr: II .Ir •r I d.mNUdrix: Ln -iann ~ I, r III n ~ I 1 nll tl i ~k, ri¢hq t I , I rnl, Lm J L r r d ni .rk avnl 11 ^ c. a it I Ih^.R~^rLn r uul relcnl vu. r n I. el ^., In wJH Um In,n bagn rn .4L .::. hn: uli:n: vulx nvl rn4lPg1 glLe Lnl pr.rt, mWrr .n lour. m:it•~. r'll~~p \ U'IV Ill l I 11 ,,, I 4 I: I ,. ..111 dear, I I ilt Sl'flilq .ll I. r tml lW nl,el JF:C I I K'r I I ~ I:InI I:. II mrnn: nx rn:r :..A ,r I I n Louts J. Love una Dolc Chy Lpvo~ n. ,d aid t relr I 1 ,I ,~ I V l,J / Id I n ! r•• r i.: In I ~ ' , I. l I rennin err i rycvm I^ n I "11 tl .. i:l tik ,n mrn I. ., 1, r I :I In' I n vl.r n: I c 1,1,1 rr.. I ,rr In they Rre \nl., r,l A III pi.U L.y. I r' 11 I ~ , r11V1 , ~ i4~ I' f lq lc mr161 ~C ,oral riebt. fl 11 r e ll, Irl 1 Irt~:, lexa.: w mnran0 I. :I. ...er 1. , .r ..~.LI, I I rl ~ rrr I.. rp..ul UP "'°' nr l:i:.a.Im .nlltn n,.r and tl I;n J., LurF rn :uln I \fuii 'N I rL '.:ICI 'ilirn;" I i x,y ie,,::1, I Ir i? I'aurlp M' wvl tal nnif eVAIll ill' I II '11103 Ivrv11 I VO .r,: I the 1E, 'I't ::11 ant 'IIIAIltli.A4'C IDID YOI[I:11'It bl.l CNnv~ ',rdE ,I::I E tle I l l in:~::r ul unl I?.lir~ II 1 ., .r C houis .,. ,.ova, IF6dL) ( llo ro t'ly Igrvr (RldL) IeJi}'y.~- ' :Fiobrl ~"n i+ ~~ .,9 lca e02rr 1 I r. I I I~ I 1 r 1 H ly[~ ~I I:IY[ ~ r~a'r°~~ r ~~ / S.Ol1Z9 J l OV t, and DOIiD71~ 106[ I G,r p• Ir111 8< ! d d,IxreLr w I(JI(~'o 1i,, `j 5f5 Sitre9t6n " b FIT,IRINL M ,~a/r@ 1 /nl, I G, W 1 , l I, f ~, y5~q.}r'Iq,llq~§f~pnl~lra J k lean lure tl,oy .r.,,l, .I,In si lsir~,ln<..,,I^.w, nmiaxed RN the m^„rnl.ol ~lremy^nr6 ~ ~Atii' ~},bf~7 ^"II,InfYrlr i+l lem a ~[ a enl s r I ur. ~F.~,~1, ~~y~s,~~(r~h~{r;(,Ttnrl'Sry,~',ua,rl6rPa.nial " ,d'~.SHF i~-~I}~~M1 d~e~u P i C.~~y1+'tµjulyn~'~{S~yie arol ,1,;. 31st n^r•ol Octo trer , n. D. to $2" r. nt~^_~l J~~jrk!~r r. zl IiR'~?~#m'¢rk m~U]y 30~ :n D Ir53. Yy',gg.;~ ~I $aa~sbylq~~{~~~'sb~''a~' ~ ~f~a}w}yaw ~,Y~t,~ __~~111 ' 0.r1(1 OpR Nn[nly fr Ll e. '''''~~. '~ ik r'yY Yt ~ 701illet'1,~,(„y1h7An1 t~"i.•ri '~>Y{rt l'~~~` ~ ~( 1~~"( rf P r" 7 3114Ib1t, Glh(k"OyH~tlrfl 'g'jx Stgtl+dfiidy°,~R<I I r i ~i~~~l(ut ~ r ~'~i y~, ~ ~~7 t' ~: . ,. 54 ~ .tr1~Jf^Ir#j+~~~~¢~EI ~'/N:f~i~r ¢AIA3, ljl yn f inl [,p yj,r N FwU ?e4x,.a 1 .k1 +tP, mLYY ns ' d. D. !0" , ~' :. ,: .. rl .i:, C ) i1 1'o e mr, 'Cho t?~.~igned, :a ldol,axy i'ub11,a J.n and. £~b.lci. ru+uxiy an0 > ~ ;, a i.l• d r ~,. Jr+nutxn', 198E;, perean.rl7..:iy aglxtaxea. C, F:. ltux•t, us l„sxron i.1~• Jutt,n ,, :.;•.,: „„ n. ro ,+a +;o ~,, the ida nr,ioal gex•aon vrrAO, as Viaa^1'Ya oidoni; of estid kkaxtl., r?u +raorl,.'t ~Llt r: u,r-u cf ,ha I~'edera7. :Ga)ad Hank aY. Wioixita, 'eVi.ohita, ICansa s, a eo rpora ti aA} ( a•) a); ai tit and ~cz ia)y'~ ''ti-knatj, the ke3arnl F'axvi binri,gaT;en Oorlruxatiou, a uorpox^atio,a, and the GaAArt fi3sxl~=c_ :.~,ul:rnt.esion~ar, aotLxpS puvsuant to k''ax•t S oS tlto k;mex~~,anoy Fnrcu Jo[tJrtr;a-~tl Gat o'F 193iL, ao aofonil ., ,,o tito fon:,goinp; tnstxul?tent; and ho, boS.ug U;Y mn duly uworn, did say that k}ti it'A a'u01t 'u~lioer, and Ghat thu oenl a.fi'ixad to aunu instruaout iu the uvrpnrd'ra raanl ot. euti4'A Hanlt, +trtti ,?; t~+;-.'L 1~,tte name was signed and sealed ltx 6eha7.P o£ sai. d, Uan)c, as Aglyn'l% argil A64;Drrai,Y^lrz+D'aot ?.Gr ~' ;~r+id Corporation ancL said ^^+omatissiono.r, encl. was sigu.ad itx UuhralL' pf naf.l<, Ooti'jjwtY'~Y#11tv51 ~na.'mwia. '' i ouw+i•taioner ny se.iil 13anlr., as n,e.TUrt'b anct ltti:orAtoy^irt-.ffnot thsro;Pozs n1. f, 97y autJto•Nj,t,Y o2 4+}ivr ~' 4, +n.)f+i, oi' lli reo to r.) oP oaJ.d riatxlc: gust lto aolrnowl adgc~?, to mo trig'. trio 4Dxi3~o41,!(?,G iu~lt E~tltlOt%tl;fPr0.Yd .°srv,'~rt+-vtd oY him, us his Peso Qud vul.tuzta>:^/ raat and c6nad snd ns trio kVO'VU~ra1 l~•a0 t?z Yd ^YGu~y~'~r~~q:• u+f rt ~~?t14 dee,:l.s of sn.d ila rtk {ae argent and Ab4orney i.rr•A'aot), said ()ox`lS~ra Uioti aCA~ m~s~$~u11.''4:~r i La+.nex r~11 iux• the uaca ak?d purposoa sot Sax"th at)d IdWoolSloQ tasz•slil ., rr a.• ~., . ~~~}, Si.l'iQ~:i„ ~xy hatifP anct esa1, trig clay end. your last nrvva rvpJttoti. 13~dPJ~ r 1 i ,., ocvuxssiun ox~i:roe: 1•luvemoer 4Z,r 1~J rd:Q „,~A. ~.. ~`.ti ~~• ~r rwno and ~nn 'GYt t+ 'Ln rL3~~V 0~10~).'lt9 fY AoA~~ 1;1 ~~1~~e. i> r 1v7 _0_.~~ "~~__~r~t'L,'i~, '~f#~' ~~~~' `I ~ The Uuitctl ,;tatae oY Itma`r~da"", ' .~i To all to whom 'ohoso prasau'ta phlL7.J. Dolor, s~rea,i;jnt; ~; ^-al •:iF.iCudS, a Osrtl:Pioair, oP trio Hagis'ter a2 the ],aru1 OE41aH at DanV01', (7~~p~t ;t; )depos.tad in trig l;orieral Lanti 03Yloa, whereby it appea.ro' i'fr,(zbt )7llZ'gfz~izt'(en t .toi rTay 2u, ll'i6L, "To 9eoure Homo etoads to Actual ~.oU tlo kti 6xs Gksb ~'ti15~.ia 4L11~'a~li;, a`su,,)pAoeala~roi t ~torl,aw~ Potr theioaat halharP ~otct~,gYl`+ S,tk]o biout'na'~aUIL~~.pT` tC4'1`{dlrf Y , ~ IY -9!r1St thrn~~i 4+ ':! +inl,•/-fave :ln Towuskri~i.t~r~ eotrr~o~ c tar3a r~1~1z~^ 'i.°at' 14Qtt.t_a.f ib,H 7t~.~i71,y, r n •n ,ro ..n ntnini n,c*, alx hundred. f'ar'k~or.•aa, aneo rdlu~ to thtl ~0!.~~Sd~~r~~ ~•4Ti?~i,)l~j a "~. rau r Lau on ~ ~ I"e irTiT~a YrftTiL 1.tx11D'OFPTUJf,t. r1! i~i ~~ :I'~tY 1QJ0,Y Yi, Th.at titers is, thex'w~tar.a, ,4runtad. by~tho. TJSS~iTIllU ~37;dT1,rLE1 ltYlW,~i44Ur1A1 r4 T!t~ traot o£ l,ar.d move ctesa Abed, Q HG'Il: eSTD T: Si6l:U tba aakli; :Cx'dot tl~),~RYI I% ;'"a)p+.rtananoe, i•hersoi', unto trig sold r,].aintant e.nd, to trio rielry aratl #~ijCi.l~{a~,d;t~~,r .'ae,t Forayer; ~surjtlat to any vastod and hoonxed water rl~stltn Pap: nltriLiyljy tr~7t'itSfS; *vi•i.n;:, or n:hex' l,urpossFa, and r1Y;xtL• to dltohss and'xohto?"V191~te zi~ted 1#L+Yj'dJ"ii t h wata. tx '~'s, •to m+3y ue rs oogui zod tl ud soknowJ.e dyed uy tiie 1o>7r;1~. tstl~YrrScGh;d i )r~.~ u" o.. .'~;, ux~l inax•o is rs served fr~am tt.e 1a.rtc),o horeby gnan'~aciy s~ 1+~~k1~1`' or d t+t; aana;{,n nonstruated rrr tna au.tktarity of the'IInitad 3t~StgET+ ::, .t, r ,:u:r ~n _tg e•• fYydl=ad Hta'bea all th e~ ooa] 'and ut~, ^:1' mi naro~r ~,.y''~+y~, a,. ~. t,n l.ani,-•,i. np•~r friar with trio r grtc .., pzorape0t for, mina attd iKiCn~l~Vi ,tn,o,i iicxta as lirni tatlonn aY' trio net oa'-A7Zia793dIr'Z'Y,~(s ['fiJ"~:3~~1 .. -:;, ;:.,..r.;~-;:t~,_Wu!r, i, Lran 7T[-,7'a lto'[raBV7It~,~D_~i^~.oi:Ftdr-i~t _. ~ .. .: r1 oa, ~,t,v ~, ,, ru:;+xd Lhasa letta rs to 0o rne.d, ea ;G'v.+.tan~B, nnQ thtr nt9;k11,, ~i ;I.'.,;. untxar my ktand, at. t}xa Jitq oi' VJnohin,~:i)6pt,' 'Gtii}. M'7rJrtJT'Y~ ,, :; u.t.^ ],r. rd one tkleu9a[ld nine hundr¢+1 axtd 2'ikS;fS'l'Y.•^,T~',5~6 ~rLui, o$ .. _.. .._,...., ti+o one itiutdx•au ~.ud SiST t-.iT:Ci]w"1.'. ' I+~ t~~n Prr a,i da+.t; }'ratlkJ,ill i). koarlavte:Lt '. ... ,Y)C ~, ~ a:Y l,,oulso L'~>Lk Y+i lanr~~ry~~p..oxrstaay. ' ._~__._~ ~,, .:mot: ', aLJJ ~ lt,t1b4b6 ~ laL^cos'tTor a1tJauaz,al 1,ca~ui ~V13,£:41 _.._ ___~_.~~r._ .__,-r.^.~..~~~~-.~~,....mnr e...i..,++.a«r+..efNrlYitif~riJhWd.i .'i:: h. ~.. ... .. ..:.;.~ti:n.: •,... ODUU55 ~.' . t- t. -...... P-'""_ a lps?'Y~' . :J ~, .... ?. .`a^ ,r ". i.~e :^•enerAL"'Lerril'OfCice :(i~.'.'?i und4or m~s~ lraricl~ Tn Brie ;vQ=r of our 3ndAperidBShr,,g of tih9 "c3y" the I'i^^^'idortt. ]y Y a.C'~rt =:uttlb tf Y~ 10794'7'u tla6' cna a. the 5so1. o.~' tK'Ei tie the Tr'IDNTY-1• Y'CTji ~dA:y of I and TIITRTX.'=1~1G:~ And :a d ~a~nd .31.{TI~1;H. ti rdar, CY Mz*N~ZNG DEt,D. ~~u~4 ~'~"'~- ~Y!{NIiv1N ;~: , . nadr 'tluis Seventh dnv of Nnvembor in the -year of 6t1r .Lor"d on9 bhtl~'c:LS anti nine wr_ ~ '.~'I, , 1J•ki et,oBtT J J. YeC7Yo1 oC tho Cotisty of Y"1'tkln sna Strata of •Cbloi~adb, party y, nnr,L,, ^~ttd.Robert' 1+,. and Ivy A. Lawrd7pa._ of the Cdu"n8y of „arpy and Stato of Lktr,.. se co nd -'}5arti +TR', That the said. party of the firs'fi paxt„,for and 3riCD.nsltl^rntSon of the sum 'r D~11ars - - - Dolls.rs, to h9m in hand n9,id by the said party of the so~CUn3 r: A'lnt hyt°~nf' Ss hsrebV acl{l owlod~c~;sd, ha .'~^anti§t3., bar(~a'1 nod, sold, co nvot~ed ii.,., an7 b,vtlinse nresonts do gran:t;, bart;ai:n, snll,..corivey and confirm unto trio c;f?thesecnnd pert, their heirs ¢rid -assi,;,ns, the fol3owinh 'described propartp, - . ¢nd tse.n;;. in Dif fi ctXlt IJania~ Distrf ct, in the (:ounty of Py. tlfin and SL'ate of n~;. ~ ~y,:t; ~ rin undevided ono eij~llth (1/©) Sntsrsstin rand to the 'PUnnol Lode mininM c7.aim, ,the ethons Inds, t}is Gold ~uC Lode,' 11,a Nifynor Girl Lode, tho H1mR nt¢tor NO 1 - 1';totie, kt:e l+lm^ hfiator lio Z Lode, tho Alms I'~4ttor No 3 Lods, tho A$ma Ifin@er No 4 ] Lie, 1:3.10 "lma i~tator Clo 5 Lode, Uhe ++lmst E^atrr Nn C Lodo, The L¢dd. rand Crockett y 'lhe Iad{t and Oro-ckot No 1 Lode, tike Cold Star Lode the Lone Pine Lodo Undor the li _ lt.~ urtt±h Ion P;666- 4JE744-y2EiC.. all s7.tut+ted and ].nr.a.tod in the Lifficult II 1.nir ,c•.t end the stets of ~nlorar9o ~;nd Jounty of PitY.ln county. together wi tl ~ - ~a tFe utt+,rnv,,rrient'+ 4hcrenn l.tvate. U ~~,1 ti,s +llws, snuru and ani'CS, .and al] the nl:a^].3, ores, Pold and sSlver-boar lr ` 'trek .and osa,r th therrir,; and al] rho ri. tats, prlvile dos and frafl cffii soo there 9:o in ~~ n:L.rno and ea t, n+~r Y.onan L, or tborervibh us ua7 lyhad and en,~o~•e41; ^nd all and singula , }' ', h~red]tn:nents sod s;~purtonances tharr•to belon~zl.ng, or in amy:wise nnpertttinin~ ~ ~Ssares rod nrofit theront'; Eu1d all the estate, ribht, title, SntorAS~y C1'flim ~ n+tsoty r, as ire 1.1 in law e.s in agility of the said party of the first part, of, ~ ~: 3:. r nremus a, and evRrr part rind. pRr csl them of, with the ayrp urterla races; '~ +~"~~ Tf IGLt) rho sa13 rn emis ss e.bove Uar:a inr+d and. descrl Ued, with tho sppurto ~ th suid b~urtiss of the second part, their heirs and a oi~,s forever. And tho ' r tie f1r3t]7art, for se7. , heirs, czocutor.; ^nd atlniniatrators, -; ,^]-r«tiE, b•alrnin and ai~boo, to and with the said part oi' the second port, es Sir}}s, Lhat t t the ti mn of tl,e ensoalinE and daliv ery of thesrr presents, w¢17. d G~~romiac5 nbove cnnve+;od, as of g,ond, ore, Prlfsct,, absoluCe Enid indeL'essiUlo r (A h ' E e S n¢e, lr lt~. 'n 1 ea sim7le, and hn g~•nd rich t, 11111 power rand Llwful. p : l,rrznt, rarCiin, loll rand cotrvoy the sa1•,r., in manner and form RPnrRRaiA. RYId tlis $ Exhibit 2 000057 PITHIN COUNTY PRE-APPLICA'l~iy CONFERENCE SUMMARY i PROJECT: Cry3a1 Island Ranch Lot 14W GMQS Competition for New Subdivision Lotsin the Crystal Area LOCATION: Thomas Road; Crystal River Valley approximately 4 miles south of Carbondale APPLICANT: Richazd Jelinek PID#246323400001 REPRESENTATIVES: Doug & Julie Pratte DATE: July 22, 2005 PLANNER: Suzanne Wolff. 920-5093 Type of Application: C~IQSCompetition for New Subdivision Lots in the Crystal River Area Description of Project/Development: The Applicant proposes to compete for a new development right for 14W of the Crystal Island Ranch. Growth Management application deadline is September 1. The available allocation for the Crystal River area is 10,000 square feet of floor area (pursuant to BOCC Ordinance No. 12-2004). Land Use Code Sections to be addressed in letter of request taaalicationl• • Section 9-120-031: Standards and criteria for growth management competition and scoring Review by: P&Z and BOCC Public Hearing? YES, at P&Z. The applicant shall post a public notice sign on the property at least IS days prior to the hearing and shall mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the heazing with the return address of the Community Development Deparhnent (copy of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Staff will refer to: Division of Wildlife, Crystal River Carus, Carbondale Fire FEES: $4,392 (make check payable to "Pitkin County Treasurer") • $4,032 Planning Office fee (non-refundable; fee is based on 18 hours of staff time; if staff review time exceeds 21.6 hours, the Applicant will be chazged for additional time in excess of 18 hours at a rate of $224/hour) • $310 Clerk • $50 Public Notice fee To apply, submit 14 copies of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. Proof of ownership of subject property 3. Parcel description, including legal ascription andvicinity map 4. Total fee for review of the application 5. Signed fee agreement (1 copy) 6. Consent from owner(s) to process application and authorizing the representative (1 copy) 7. List of all adjacent property owners and mineral estate owners (1 copy) 8. Copy of this preapp form (1 copy) NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDS'SHOULD BE INCLUDED ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION - ALL MAPS SHALL BE FOLDED. - This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standazds and staff' s interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. 000058 Exhibit 3 000059 DISTRICT COURT, WATER DIVISION NO. S,COLORADO Garfield County Courthouse 109 8th Street, Suite 104 Glenwood Springs, CO 81601 (970)945-3862 Applicants: Richard Jelinek; Duck Meadow A, LLC; Duck Meadow B, LLC; DFJ Ranch, Inc.; and Debbie F. Jelinek, in PITKIN County, Colorado ~ COURT USE ONLY ~ Scott Balcomb, Atty. # 1376 Case Number: 02CW079 Anne Marie McPhee, Atty # 32327 BALCOMB & GREEN, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 Water Division No. 5 Phone Number: (970) 945-6546 Fax Number: (970) 945-8902 E-maiL• scotttc"~`balcombgrcen.com amtec~?hal combereeu.com REVISED FINDINGS OF FACT, JUDGMENT AND DECREE OF WATER COURT This matter came before the Court upon the Application of Richazd Jelinek; Duck Meadow A, LLC; Duck Meadow B, LLC; DFJ Ranch, Inc.; and Debbie F. Jelinek (herein referred to as both "Applicant" and "Applicants") for change of water right; groundwater rights; surface water rights; storage water rights; approval of plan for augmentation, including exchange; and amendment to decrees. The Water Judge referred the Application to the undersigned as Water Referee for Water Division No. 5, State of Colorado, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as the Water Rights Determination and Administration Act of 1969. The Water Court has made such investigations as are necessary to determine whether or not the statements in the Application are true, has become fully advised with respect to the subject matter 000060 Case No. 02CW079 Applicants: Richard Jelinek; et al. Revised Findvtgs of Fact, Judgment and Decree of Water Court Page 2 of the Application and has consulted with the Division Engineer for Water Division No. 5. The Water Court hereby makes the following determinations and ruling in this matter. I. FINDINGS OF FACT 1. Applicants filed an Application for change of water right groundwater rights; surface water rights; storage water rights; approval ofplan for augmentation, including exchange; and amendment to decrees on March 29, 2002. 2. The Application was properly published in the resume for W ater Division No. 5. All notices required by law have been made, and the Court has jurisdiction over the Application and over all of the parties in this case. 3. None of the water rights or sources thereof involved in this Application are located within a designated ground water basin. 4. Thomas Turnbull filed a Motion to Intervene, and an Order granting the motion was signed by the Water Referee on July 26, 2002. No other statements of opposition were filed, and the time for filing such statements has expired. Ranch I, LLC, Ranch R, LLC, Ranch lII, LLC and Ranch IV, LLC (hereinafter collectivelyreferred to as the "Ranch I-IV Objector") substituted as a party objector for Turnbull. On September 2, 2003, the State and Division Engineers filed a Protest to Ruling of Referee, which was entered August 13, 2003. That Ruling of Referee is hereby withdrawn and replaced in its entirety by this Revised Findings of Fact, Judgment and Decree. The said Objector and Protesters have consented to entry of this decree, as is evidenced by the stipulations with the Applicants on file with the Court. CLAIM FOR CHANGE OF WATER RIGHT Decreed Name of Structure For Which Change Is Sought: Avalanche Canal and Siphon 6. Information From Original Decree: A. Date Entered: June 20, 1958 Case No.: C.A. 4613 Court: Garfield County District Court B. Decreed Points of Diversion: (1) Headgate No. 1 being the initial point of diversion of said Avalanche Canal and Siphon is located on the right bank of the Crystal River at a point whence the witness ~0~~~~ Case No. 02CW079 Applicants: Richard Jelinek; et al. Revised Findings of Fact, Judgment and Decree of Water Court Page 3 comer of the SW corner of Section 9, Township 10 South, Range 88 West of the 6`h P.M. bears North 3°9' West 546 feet. Said point is located 4,730 feet from the North Section line and 50 feet from the West Section line of said Section 9 and is located in the SW'/aS W'/a of said Section in Pitkin County, Colorado. (2) Headgate No. 2 being the second point of diversion of said Avalanche Canal and Siphon is located on the right bank of Avalanche Creek at a point whence the W'/a Corner of Section 28, Township 9 South, Range 88 West of the 6'h P.M. bears North 67°I S' West a distance of 4,538.1 feet. Said point is located 4,570 feet from the North Section line and 4,200 feet from the West Section line of said Section 28 and is located in the SE'/aSE'/a of said Section in Pitkin County, Colorado. C. Source: Crystal River D. Appropriation Date: April 22, 1957 E. Amount 830 cfs F. Historic Use: generation of electric energy, domestic, municipal, and industrial purposes including but not limited to the production of oil from shale, irrigation purposes, and stock watering purposes Proposed Change: A. Applicant seeks approval of alternate points of diversion of the Avalanche Canal and Siphon water right in the amount of 250 gpm (0.556 cfs) within the Crystal Island Ranch Alluvial Well Field and Crystal Island Ranch Property Well Field, as more fully described below. (1) Crystal Island Ranch Alluvial Well Field: One or more wells will be drilled in the alluvium of the Crystal River in the W 1/2 of Section 22, Township 8 South, Range 88 West of the 6'h P.M. The general location of the well field is depicted on Exhibit A and incorporated herein by this reference. The total cumulative diversions from this well field from one or any combination of wells is expected to be 150 gpm. Wells may be constructed to serve individual residences or anumber ofresidences,including potentially under a central potable water system. (2) Crystal Island Ranch Property Well Field: One of more wells will be drilled into various formations in this well field to divert a cumulative total of 100 gpm from an area which is generally described as within the W 1/2 Section 22, W 1/2 of Section of 27, and portions of Section 23 and Section 26, Township 8 South, Range 88 West ofthe 6'^ P.M. The general location of the well field is depicted on Exhibit A. Wells may be constructed 00006 Case No. 02CW079 Applicants: Richard Jelinek; et al. Revised Findings of Fact, Judgment and Decree of Water Court Page 4 to serve individual residences or a number of residences. The source of this well field is groundwater tributary to Crystal River. (3) Together the well fields will serve lots located within the portions of Crystal Island Ranch encompassed by the well field. The boundary of the well fields is generally depicted on Exhibit A. (4) Applicants propose to develop as many wells as are necessary in the said well fields for the cumulative maximum diversion rates indicated. So long as Applicants comply with the terms and conditions of the decree entered herein, amendment of this Decree will not be required each time a new well location is determined. Applicants are entitled to have as many well permits as are necessary to divert the said 150 gpm and 100 gpm. Well permits will be issued by the State Engineer for the construction and operation of wells within the boundaries of the well fields,. so long as the well permit applications confinn that operation of the wells will be subject to the terms and conditions of this Decree, (5) The wells will be used for domestic and irrigation purposes, and will be augmented under the augmentation plan described herein. (6) Anywells within the well fields will be at a distance ofmore than 600 feet from an existing well owned by third parties, unless the well-field well qualifies foc a permit under C.R.S. § 37-90-137(2)(b), is exempt under C.R.S. § 37-92-602, or unless the third party consents to the issuance of the permit. (7) Within 60 days of completion of construction of any well within the well field, Applicant will notify both the Water Court and the Division of Water Resources of the precise location of the well. B. Jelinek Well C, an exempt well permitted as Number 182673, is located within the Crystal Island Ranch Alluvial Well Field ("Well C" on the Exhibit A map). Applicant requests a right to divert at this well as an alternate point of diversion for the Avalanche Canal and Siphon water right as requested herein. To the extent Applicant operates the well as an alternate point for the Avalanche Canal and Siphon, the diversions will be considered as part of the well field diversions (the 150 gpm, as above described). The exempt well permit for the well is described as follows: (1) Jelinek Well C: Permit No. 182673 in the amount of 15 gpm, located in Section 22, Township 8 South, Range 88 West of the 6'h P.M. at a point 2800 feet from the South line and 1630 feet from the East line of said Section 22. 000000 Case No. 02CW079 Applicants: Richard Jelinek; et aI. Revised Findings of Fact, Judgment and Decree of Water Court Page $ C. The right to operate said Well C as an alternate point of diversion of the Avalanche Canal and Siphon water right will be pursuant to a contract with the West Divide Water Conservancy District. D. Applicant reserves the right to permit and use the well within the property as an exempt well, to the extent it qualifies as such under C.R.S. § 37-92-602. 8. Name and address of owner of land upon which said wells and place of use are .located: Applicants 9. Name and address of owner of Avalanche Canal and Siphon Water Right: West Divide Water Conservancy District, c/o Ed Olszewski, Esq., P.O. Box 460654, Denver, CO 80246-0654. Pursuant to C.R.S. § 37-92-302(3)(c)(I), the Water Clerk mailed a copy ofthe resume notice to West Divide. CLAIM FOR GROUND WATER RIGHTS 10. In the event Applicants do not enter into a contract with the West Divide Water Conservancy District for use of a portion of its Avalanche Canal and Siphon water right, Applicants may operate the wells described in paragraphs 7.A. and 7.B. above under the ground water rights as claimed herein. The claim for the ground water rights is as follows: A. Crystal Island Ranch Alluvial Well Field: (1) Legal Description: see paragraph 7.A.(1) above (2) Source: alluvium of Crystal River (3) Date of initiation of appropriation: September 1, 2001 How appropriation was initiated: by field investigation, formation of intent to appropriate, and submission to Pitkin County of Crystal Island Ranch Subdivision/P.U.D. Conceptual Submission (including 1041 Hazard and GMQS Submission and Special Review). Date water applied to beneficial use: N/A (4) Amount: I50 gpm, conditional, for domestic and irrigation use (5) Use or proposed use: If irrigation: 000 i6~': Case No. 02CW079 Applicants: Richard Je]inek; et aL Revised Findings of Fact, Judgment and Decree of Water Court Page 6 Number of acres historically irrigated: N/A Legal description of acreage: a total of 0.87 acre of lawn and garden located within the Crystal Island Ranch. See Exhibit A hereto. If non-imgation, describe purpose fully: domestic use for 19 units (6) Within 60 days of completion of construction of any well within the well field, Applicant will notify both the Water Court and the Division of Water Resources of the precise location of the well. In the Application to make the conditional ground water rights absolute, the Applicants shall identify the specific points of diversion within the well field and any additional terms and conditions that Applicants propose are necessary to avoid injury to other water rights from well pumping at said locations. B. Crystal Island Ranch Property Well Field: (1) Legal Description: see paragraph 7.A.(2) above. (2) Source: ground water tributary to Crystal River (3) Date of initiation of appropriation: September 1, 2001 How appropriation was initiated: by field investigation, formation of intent to appropriate, and submission to Pitkin County of Crystal Island Ranch Subdivision/P.U.D. Conceptual Submission (including 1041 Hazard and GMQS Submission and Special Review). Date water applied to beneficial use: N/A (4) Amount: 100 gpm, conditional, for domestic and irrigation use (5) Use or proposed use: If irrigation: Number of acres historically irrigated: N/A Legal description of acreage: a total of 0.87 acre of lawn and garden located within the Crystal Island Ranch. See Exhibit A hereto. Ifnon-irrigation, describe purpose fully: domestic use for 19 units 000065 Case No. 02CW079 Applicants: Richard Jelinek; et al. Revised Findings of Fact, Judgment and Decree of Water Court Page 7 (6) Within 60 days of completion of construction of any well within the well field, Applicant will notify both the Water Court and the Division of Water Resources of the precise location of the well. In the Application to make the conditional ground water rights absolute, the Applicants shall identify the specific points of diversion within the well field and any additional terms and conditions that Applicants propose are necessary to avoid injury to other water rights from well pumping at said locations. C. Jelinek Wells A, B, and C: (1) Legal Description: (i) Jelinek Well A: Permit No. 164484 in the amount of IS gpm, located in Section 23, Township 8 South, Range 88 West of the 6`h P.M. at a point 400 feet from the South line and 2600 feet from the East line of said Section 23. (ii) Jelinek Well B: Permit No. 212432 in the amount of 15 gpm, located in Section 23, Township 8 South, Range 88 West of the 6"' P.M. at a point 1375 feet from the South line and 2500 feet from the West line of said Section 23. (iii) Jelinek Well C: Permit No. 182673 in the amount of I S gpm, located in Section 22, Township 8 South, Range 88 West of the 6'h P.M. at a point 2800 feet from the South line and 1630 feet From the East line of said Section 22. (2) Source: ground water tributary to Crystal River (3) Date of initiation of appropriation: Jelinek Well A: June 4, 1992 Jelinek Well B: October 7, 1998 Jelinek Well C: October 19, 1994 How appropriatimr was initiated: by application for exempt well permit, procurement of well permit, drilling of well, and diversion and application of water to beneficial use 000066 Case No. 02CW079 Applicants: Richard Jelinek; et al. Revised Findings of Fact, Judgment and Decree of Water Court Page 8 (4) Amount claimed: 15 gpm, each, absolute (5) Use or proposed use: The uses permitted under C.R.S. § 37-92- 602,including fire protection, ordinary household purposes inside up to 3single-family dwellings, the irrigation of not more than one acre of home gardens and lawns, and the watering of domestic animals. (6) Remarks: Applicants may operate Well C as an alternate point ofdiversion of the Avalanche Canal and Siphon, as above described; as an exempt well consistent with the current permit; or as an augmented well within the Crystal Island Ranch Alluvial Well Field and according to the augmentation plan set forth below. If the well is operated as an altemate point ofdiversion ofthe Avalanche Canal and Siphon or as an augmented well, then the diversions will be considered and accowrted for as part of the well field diversions (the 150 gpm, as above described). Ifoperated as an altemate point ofdiversion ofthe Avalanche Canal and Siphon or as an augmented well under this plan, the well will be repermitted as a fee well. Applicants have withdrawn their request to use Wells A & B as altemate points of the Avalanche Canal and Siphon or as augmented wells. Applicants will continue to operate those wells as exempt wells, but wish to adjudicate them herein. 11. Name and address of owner of land upon which the said wells and place of use are located: Applicants 12. Applicants reserve the right to pemrit and operate any of the wells within the property (see Exhibit A) as exempt wells, to the extent that they qualifyas such under C.R.S. § 37-92-602. CLAIM FOR SURFACE WATER RIGHTS 13. Narne of structure: Lower Thomas Ranch Sprine A. Legal description ofpoint of diversion: located in Section 22, Township 8 South, Range 88 West of the 6`h P.M., at a point 1425 feet from the South line and 1650 feet from the East line of said Section 22. B. Source: spring tributary to the Crystal River C. Date of initiation of appropriation: 1890 as to absolute uses; September 1, 2001 as to conditional uses OOU067 Case No. 02CW079 Applicants: Richard Jelinek; et al. Revised Findings of Fact, Judgment and Decree of Water Court Page 9 (1) How appropriation was initiated: as to absolute uses, by diversion of water and application to beneficial use; as to conditional uses, by field investigation, formation of intent to appropriate, and submission to Pitkin County of Crystal Island Ranch Subdivision/P.U.D. Conceptual Submission (including 1041 Hazard and GMQS Submission and Special Review). (2) Date water applied to beneficial use: 1890 as to absolute uses; N/A as to conditional uses D. Amount claimed: 0.25 cfs; absolute for irrigation, stoclcwatering, recreation, piscatorial and aesthetic; conditional for domestic and augmentation E. Use or proposed use: (1) Ifimgation: Number of acres historically irrigated: supplemental irrigation of approximately 10 acres Number of acres proposed to be irrigated: supplemental irrigation of approximately 10 acres Legal description of acreage: located near the center of Section 22, Township 8 South, Range 88 West of the 6`^ P.M. (2) If non-irrigation, describe purpose fully: stockwatering, recreation, piscatorial, aesthetic, domestic and augmentation. The spring also fills the Polo Pond No. 2 applied for herein. (3) Use is made by direct diversion and application to beneficial use, and by diversion into storage for subsequent application to beneficial use. F. Name and address of owner of land on which structure and place of use are located: Applicants 14. Name of structure: Polo Ditch Au~rrrentation Enlar ement A. Legal description ofpoint ofdiversion: located in Section 23, Township 8 South, Range 88 West of the 6"' P.M. at a point 1950 feet from the North line and 900 feet from the West line of said Section 23. 000068 Case No. 02CW079 Applicants: Richard Jelinek; et al. Revised Findings of Fact, Judgment and Decree of Water Court Page 10 B. Source: Thomas Creek, tributary to Crystal River C. Date of initiation of appropriation: September 1, 2001 (1) How appropriation was initiated: by field investigation, formation of intent to appropriate, and submission to Pitkin County of Crystal Island Ranch Subdivision/P.U.D. conceptual submission (including 1041 hazard and GMQS submission and special review). (2) Date water applied to beneficial use: N/A D. Amouut claimed: 1.0 cfs, conditional E. Use or proposed use: Augtentation, aesthetic, and piscatorial. The Polo Ditch Augmentation Enlargement will be used to fill the Polo Pond Augmentation Enlargement and the Polo Pond No. 2 applied for herein. F. Name and address of owner of land on which structure and place of use are located: Applicants 15. Name of structure: Thomas Feeder Ditch Augmentation Enlar ement A. Legal description ofpoint ofdiversion: located in Section 26, Township 8 South, Range 88 West of the 6'" P.M. at a point 550 feet from the North line and 2450 feet from the East line of said Section 26. B. Source: Thomas Creek C. Date of initiation of appropriation: September 1, 2001 (1) How appropriation was initiated: by field investigation, formation of intent to appropriate, and submission to Pitkin County of Crystal Island Ranch Subdivision/P.U.D. conceptual submission (including 1041 hazard and GMQS submission and special review). (2) Date water applied to beneficial use: N/A D. Amount claimed: 1.0 cfs, conditional E. Use or proposed use: Augmentation, aesthetic, arid piscatorial. The Thomas Feeder Ditch Augmentation Enlargerent will be used to fill the Lewis Lake Augmentation Enlargement applied for herein. 000069 i ~ Case No. 02CW079 Applicants: Richard Jelinek; et al. Revised Findings of Fact, Judgment and Decree of Water Court Page 11 F. Name and address of owner of land on which structure and place of use are located: Applicants CLAIb1 FOR STORAGE WATER RIGHTS 16. Name of structure: Polo Pond Auetnentation Enlar ee ment A. Legal description (1) Location of dam: Section 22; Township 8 South, Range 88 West of the 6'h P.M. at a point 2550 feet from the South line and 550 feet from the East line of said Section 22. (2) Ifoff-channel reservoir, name and capacity ofditch used to fill reservoir, and legal description of point of diversion: Polo Ditch Augmentation Enlargement, described more fully above B. Source: Thomas Creek C. Date of appropriation: September 1, 2001 (1) How appropriation was initiated: by field investigation, formation ofintent to appropriate, and submission to Pitkin County ofCrystal Island Ranch Subdivision/P.U.D. conceptual submission (including 1041 hazard and GMQS srbmission and special review). (2) Date water applied to beneficial use: N/A D. Amount claimed: 10 acre feet, conditional E. Use: augmentation, piscatorial, and aesthetic F. The Polo Pond has been constructed at an estimated capacityof 1.0 acre foot, and a water right in the amount of 10 acre feet was previously decreed for the pond in Case Nos. 90CW 129 and 90CW320 (Consolidated) and 98CW222 (in which the 1.0 acre foot was decreed absolute). Applicant seeks confirmation of an augmentation water right in this case, and may enlarge the pond for storage for subsequent release for augmentation and other purposes. G. Name and address of owner of land on which structure and place of use are located: Applicants ~~0~~~ Case No. 02CW079 Applicants: Richard Jelinek; et al. Revised Findings of Fact, Judgment and Decree of Water Court Page 12 17. Name of reservoir Lewis Lake Augmentation Enlargement A. Legal description (1) Location of dam: Section 23, Township 8 South, Range 88 West of the 6ih P.M. at a point ] 100 feet from the South line and 2000 feet from the West line of said Section 23. (2) Ifoff-channel reservoir, name and capacity of ditch used to fill reservoir, and legal description of point of diversion Thomas Feeder Ditch Augmentation Enlargement described more fully above. B. Source: Thomas Creek C. Date of appropriation: September 1, 2001 (1) How appropriation was initiated: by field investigation, formation of intent to appropriate, and submission to Pitkin County of Crystal Island Ranch Subdivisiot>/P.U.D. conceptual submission (including 1041 hazard and GMQS submission and special review). (2) Date water applied to beneficial use: N/A D. Amount claimed: 10 acre feet, conditional E. Use: augmentation, piscatorial, and aesthetic F. Lewis Lake is a constructed lake of approximately 82.8 acre feet, as provided in the decrees entered in Case Nos. 90CW 129 and 90CW320 (Consolidated) and 98CW222. In this case, Applicant seeks to adjudicate an augmentation right for the lake in the amount of 10 acre feet. G. Name and address of owner of land on which structure and place of use are located: Applicants 18. Name of structure: Polo Pond No. 2 A. Legal description (I) Location of dam: Section 22, Township 8 South, Range 88 West, 6`a P.M., as a point 2625 feet from the South line and 1125 feet from the East line of said Section 22. DDU~71 Case No. 02CW079 Applicants: Richard Jelinek; et al. Revised Findings of Fact, Judgment and Decree of Water Court Page 13 (2) Ifoff-channel reservoir, name and capacity of ditch used to fill reservoir, and legal description of point of diversion: Polo Ditch Augmentation Enlargement and Lower Thomas Ranch Spring, as described more fully above. B. Source: Thomas Creek, and spring tributary to Crystal River C. Date of appropriation: September 1, 2001 (1) How appropriation was initiated: by field investigation, formation of intent to appropriate, and submission to Pitkin County ofCrystal Island Ranch Subdivision/P.U.D. conceptual submission (including 1041 hazard and GMQS submission and special review). (2) Date water applied to beneficial use: N/A D. Amount claimed: 10 acre feet, conditional E. Use: augmentation, piscatorial, aesthetic F. Name and address of owner of land on which structure and place of use are located: Applicants 19. A map generally depicting the Crystal Island Ranch Development Property to be served and the subject water rights is attached as Exhibit A hereto and incorporated herein by this reference. CLAIM FOR PLAN FOR AUGMENTATION, INCLUDING EXCHANGE 20. Names of structures to be augmented: Avalanche Canal and Siphon, when diverting at the alternate points above described Crystal Islaud Ranch Alluvial Well Field Crystal Island Ranch Property Well Field hrcluding the Jelinek Well C (if permitted and operated as other than an exempt well) 21. Water rights to be used for augmentation: Polo Pond Augmentation Enlargement, Lewis Lake Augmentation Enlargement, and Polo Pond No. 2 described above 22. Description of plan for augmentation: ~~~U72 Case No. 02CW079 Applicants: Richard Jelinek; et aI. Revised Findings of Fact, Judgment and Decree of Water Court Page 14 A. Applicants seek to adjudicate this augmentation plan, including exchange, to provide a legally viable water supply to serve the in-house potable water needs for 19single-family residences and associated lawn and garden irrigation.' The lots will be served by any combination of the wells above described. The augmented wells will divert either under the Avalanche Canal and Siphon priority as an alternate point of diversion pursuant to a contract with the West Divide Water Conservancy District, or under the ground water rights claimed herein. Each of the residences is contemplated to have a diversion demand of 500 gallons per day for in-house domestic uses, for a total projected in-house diversion requirement of 10.6 acre feet anntally for the 19 units. Wastewater treatment will be by septic tank leach fields, with a projected consumptive use of 15% of diversions. Accordingly, the total domestic depletions are projected to be 1.60 acre feet atmually. The plan provides augmentation for irrigatimr of 2000 square feet per dwelling unit, for a total irrigated area of 0.87 acre. The projected irrigation demand is 2.42 acre feet, with a projected irrigation efficiency of 80% and based upon the modified Blaney-Griddle method. Applicants project that the total irrigation depletions will be ].94 acre feet annually. Thus, the total projected water diversion demands associated with this project are 13.1 acre feet, and the total projected depletions are 3.53 acre feet. See Exhibit B hereto. B. Applicant has developed a conservative augmentation plan which is capable of augmenting calls year-round. However, augmentation is required only when the diversions at the wells would otherwise be out of priority. All augmentation will occur by releases from Lewis Lake, Polo Pond, and/or Polo Pond No. 2 under the augmentation rights claimed herein. C. As the subject augmented wells are constructed and the individual characteristics of the wells are known, Applicants will determine the delayed effect of pumping the wells on the Crystal River, and will develop an augmentation schedule that takes the delayed effect into accouht. Delayed effects are not considered to occur from any wells that are located within 100 feet of the river and in the river alluvium. D. As a result of the implementation of this augmentation plan, including exchange, no injury will result to any vested or decreed conditional water rights. CLAIM FOR AMENDMENT TO DECREES 23. As provided in the Decree entered in Case Nos. 90CW129 and 90CW320 (Consolidated), Richard Jelinek is entitled to the first 3 cfs available for diversion in priority in Thomas Creek, which The application originally requested an augmentation plan for 24 units and irrigation of 1.1 acres. Applicants have modified the plan such that service will be augmented for domestic supply to 19 units and irrigation to a total of 0.87 acre. QQQt7 1 J s ~ Case No. 02CW079 Applicants: Richard Jelinek; et al. Revised Findings of Fact, Judgment and Decree of Water Court Page 15 3 cfs is measured at the headgate of the Lewis Ditch. The Court decreed that the first 3 cfs available for diversion in priority is a compilation of Jelinek's rights more particularly described as follows: Ditch Amount Adjudication Appropriation (cfs) Date Date Thomas No. 1 Ditch 1.0 05/11/1889 04/25/1882 Thomas No. 1 Ditch 1.2 05/11/1889 04/01/1884 Thomas No. 2 Ditch 0.8 OS/1 t/1889 04/01/1884 This provision of the Consolidated Decree was based upon that certain stipulation and agreement between Richard Jelinek and Thomas Turnbull, which was filed in the said case file and recorded in the records of the Pitkin County Clerk and Recorder at Reception No. 347621. in Case No. 97CW$5, this Court further clarified how the stipulation would be administered. 24. On April 8, 2003, Objectors Ranch I, LLC, Ranch II, LLC, Ranch III, LLC and Ranch N, LLC and Applicants stipulated to the following terms: In addition, the parties hereby agree to amend that certain Stipulation and Agreement filed in Case Nos. 90CW 129 and 90CW320 (Consolidated), and which was recorded in the records of the Pitkin County Clerk and Recorder at Reception No. 347621 for the purpose of agreeing that Richard Jelinek is entitled to the first 3 c.f.s. available for diversion in priority in Thomas Creek, and that the said 3 c.f.s. can be allocated to the Thomas No. I and Thomas No. 2 Ditch rights (as provided in the original stipulation recognized in the Decree in 90CW129 and 90CW320 (Consolidated)), and/or to Polo Ditch Augmentation Enlargement and the Thomas Feeder Ditch Augmentation Enlargement for the sole purpose of storing and accounting for the augmentation water in the Polo Pond Augmentation Enlargement, Polo Pond No. 2, and Lewis Lake Augmentation Enlargement decreed in this Case No. OZCW079. Objector will continue to be entitled to the next Z.6 c.f.s. available for diversion on Thomas Creek as measured at the headgate of the Bane Ditch on Thomas Creek. 0~~~7~ Case No. 02CW079 Applicants: Richard Jelinek; et al. Revised Findings of Fact. Judgment and Decree of Water Court Page 16 25. On November 25, 2003, Protesters State and Division Engineers and Applicants stipulated to entry of a decree which includes the following ternrs, which are more restrictive than those in Paragraph 24, above: Jelinek seeks to amend the Decrees in 90CW 129 and 90CW320 (Consolidated) and 97CW85 only to provide that the excess consumptive use credits attributable to the Thomas No. 2 Ditch right, as quantified and decreed in Case No. 90CW 129 and 90CW320 (Consolidated), and as changed in Case No. 97CW85, can be diverted at the Polo Ditch and the Thomas Feeder Ditch for the purpose of storing water for augmentation in the Polo Pond, Polo Pond No. 2, and Lewis Lake, so long as the total use of the Thomas No. 2 Ditch dry-up credits do not exceed 44.5 acre-feet annually (that is, up to 18 acre feet for evaporative losses associated with the Lewis Lake, and up to 26.5 acre feet for irrigation or augmentation) and the diversion rate of the Thomas No. 2 Ditch dry-up credits at all points of diversion does not exceed 0.8 cfs. Pursuant to the stipulation behveen Jelinek and Turnbull, the Ranch I-N Objector (as the successor in interest to Turnbull) wil] continue to be entitled to the next 2.6 cfs available for diversion in priority on Thomas Creek as measured at the headgate of the Bane Ditch on Thomas Creek. No injury will occur to the said Objector's water rights or the vested or decreed conditional water rights of others as a result of this amendment. The requested amendment will not expand nor diminish the exercise of the said Thomas No. 2 Ditch right. 26. Following a hearing before the Court on Apri122, 2004, Applicants and Objectors Ranch I, LLC, Ranch II, LLC, Ranch III, LLC, Ranch N, LLC and State and Division Engineers agreed to inclusion of the following terms, which are more restrictive than and shall supercede the terms in Paragraphs 24 and 25, above. Jelinek seeks to amend the Decrees in Case Nos. 90CW129 and 90CW320 (Consolidated) and 97CW85 only to provide that 3.53 acre-feet of the excess consumptive use credits attributable to the Thomas No.2 Ditch right, as quantified and decreed in Case No. 90CW 129 and 90CW320 (Consolidated), and as changed in Case No. 97CW85, can be dedicated to the plan for augmentation decreed herein, when needed, so long as Applicants' total use of the Thomas No. 2 Ditch dry-up credits for this augmentation plan and to replace evaporation from Lewis Lake does not exceed 18 acre-feet annually and the diversion rate of Applicants' interest in the Thomas No. 2 Ditch water right at all points of diversion does not exceed 0.8 cfs. Said 3.53 acre-feet of Thomas No. 2 Ditch consumptive use credits, when used for this plan for augmentation, shall be deducted from the18.0 acre-feet of Thomas No. 2 Ditch consumptive use credits previously dedicated to augmenting evaporative depletions from Lewis Lake in Case Nos. 90CW 129 and 90CW320 (Consolidated) and 97CW85. In the event the consumptive use credits described herein are required for the augmentation of out-of-priority depletions by the junior wells applied for in this case, i.e., when the junior augmentation storage rights applied for in this case are not adequate to replace the out-of-priority depletions, Applicant shall bypass an amount of the consumptive use credits equivalent to the amount of depletions which are out-of-priority, 000075 Case No. 02CW079 Applicants: Richard Jelinek; et al. Revised Findings of Fact, Judgment and Decree of Water Court Page 17 up to 3.53 acre-feet, and shall allow Lewis Lake to drop a corresponding amount. When such bypasses are required, the augmentation plans decreed in Case Nos. 90CW129 and 90CW320 (Consolidated) and 97CW85 shall be subordinate, to the extent necessary, to the present augmentation plan. Applicant shall develop an accounting plan, acceptable to the Division Engineer, that allocates the 18.0 acre feet of consumptive use credits between Lewis Lake evaporation replacement and this plan for augmentation. Pursuant to the stipulation between Jelinek and Turnbull, the Ranch I-IV Objectors (as the successors in interest to Turnbull) will continue to be entitled to the next 2.6 cfs available for diversion in priority on Thomas Creek as measured at the headgate of the Bane Ditch on Thomas Creek, as described in the Stipulation and Agreement in Case Nos. 90CW 129 and 90CW320. No injury will occur to the said Objectors' water rights or the vested or decreed conditional water rights of others as a result of this amendment. The requested amendment will not expand nor diminish the exercise of the said Thomas No. 2 Ditch right. 27. The Water Clerk mailed a copy of the resume of this Application to Thomas Turnbull, pursuant to C.R.S. § 37-92-302(3)(c)(I). The notice provisions of the said statute have been satisfied. 28. Applicants have provided a proposed accounting form that provides information helpful in the administration of this Decree. The accounting form is not a part of this Decree and maybe modified with the approval of the Division Engineer. 29. The water to be provided for augmentation, including exchange, is of a quality and quantity so as to meet the requirements for which the water has been used by senior downstream appropriators, and therefore meets the requirements of C.R.S. § 37-92-305(5). II. CONCLUSIONS OF LAW 1. The foregoing findings of fact are fully incorporated herein. 2. All notices required by law have been properly made, including as required under C.R.S. § 37-92-302(3). The Court has jurisdiction over the Application and over all persons or entities who had standing to appear, even though they did no[ do so. 3. The Application is complete, covering all applicable matters required pursuant to the Water Right Determination and Administration Act of 1969, C.R.S. §§ 37-92-101 through -602. 4. The Court has given due consideration to the Division Engineer's Summary of Consultation dated June 5, 2002. See C.R.S. §37-92-302(4). A copy of the Summary of Consultation was properly served on the Objector. 5. Applicants have fulfilled all legal requirements for a decree for the requested water rights, ooao~s Case No. 02CW079 Applicants: Richard lelinek; et al. Revised Findings of Fact, Judgment and Decree of Water Court Page 18 including C.R.S. §§ 37-92-302 and 37-92-305. 6. Applicants have fulfilled all legal requirements for a decree for the requested change of water right, including C.R.S. §§ 37-92-302 and 37-92-305. 7. The change of water right described herein will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right. 8. Applicants have fulfilled all legal requirements for a decree for the requested plan for augmentation (including exchange) including C.R.S. §§ 37-92-302 and 37-92-305. 9. Pursuant to C.R.S. § 37-92-305(8), the plan for augmentation, including exchange, is sufficient to permit the continuation of diversions when curtailment would otherwise be required to meet a valid senior call for water, because the Applicants will provide adequate replacement water necessary to meet the lawful requirements of a senior diverter at the time and location and to the extent that the senior would be deprived of his or her lawful entitlement by the Applicants' diversion. 10. The Court hereby concludes the Applicants have established that water can and will be diverted under the subject conditional water rights and will be beneficially used, and that this water supply project can and will be completed with diligence and within a reasonable time. 11. The conditional water rights decreed herein are individual components of Applicants' integrated water supply system. Consequently, in subsequent diligence proceedings, work on any one feature of the subject water rights shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of Applicants' water supply system, see C.R.S. § 37-92-301(4)(b). 12. If operated in accordance with the terms and conditions of this decree, the plan for augmentation, including exchange, described herein will prevent injury to senior vested or decreed conditional water rights. 13. The Court concludes that the Stipulation described in paragraphs I.23 and I.24 hereof should be amended as requested, and that said amendment will not adversely affect any vested or decreed conditional rights of others. 14. The Court concludes that Applicants maintain the right to permit and use any of the wells within the subject well field areas as exempt wells, to the extent they qualify as such under C.R.S. § 37-92-602. 15. The subject Application is in accordance with Colorado law. Applicants have fulfilled all legal requirements for entry of a decree in this case. 00007 Case No. 02CW079 Applicants: Richard Jelinek; et al. Revised Findings of Fact, Judgment and Decree of Water Court Page 19 III. JUDGMENT AND DECREE 1. The foregoing findings of fact and conclusions of law are incorporated herein. 2. The Court hereby awards conditional water rights for the Crystal Island Ranch Alluvial Well Field and Crystal Island Ranch Property Well Field as more fully described herein. The Court hereby awards absolute water rights for Jelinek Wells A, B, and C as described more fully herein. 3. The Court hereby confirms and decrees conditional water rights for the Po]o Pond Augmentation Enlargement, Lewis Lake Augmentation Enlargement, and Polo Pond No. 2 described herein. 4. The Court hereby confirms and decrees water rights for Lower Thomas Ranch Spring (absolute and conditional), Polo Ditch Augmentation Enlargement (conditional), and Thomas Feeder Ditch Augmentation Enlargement (conditional), as more fully described herein. 5. The Court hereby approves and decrees the change of water right for the Avalanche Canal and Syphon as described herein. 6. The Court hereby orders the State Engineer to issue any required well permits for the wells described hereinabove upon application to the State Engineer. Well permits issued pursuant to C.R.S. § 37-90-137(2) and this plan for augmentation must be obtained prior to the construction and/or operation of the subject wells under the subject augmentation plan. The Court decrees that Applicants maintain the right to .permit and use any of the wells within the well field areas as exempt wells, to the extent they qualify as such under C.R.S. § 37-92-602. 7. The Court hereby decrees and approves the plan for augmentation, including exchange, described herein. 8. The Court hereby approves the amendment to the Stipulation described in paragraphs I.23 and I.24 and hereby decrees and approves an amendment to the Decrees entered in 90CW129 and 90CW320 (Consolidated) and 97CW85 to incorporate the amendment to the Stipulation. 9. With respect to any lots that will derive their water supply under the subject augmentation plan, the Applicants will establish a homeowners association which will be responsible for ensuring compliance with the terms and conditions of this Decree. 10. In conformance with Colo. Rev. Stat. § 37-92-305(8), the State Engineer shall curtail all out-of-priority diversions, the depletions from which are not so replaced under the terms and conditions of this decree as to prevent injury to vested water rights. 11. hr consideration of the specific findings and conclusions made herein, and in ' 000078 Case No. 02CW079 Applicants: Richard Jelinek; et a1. Revised Findings of Fact, Judgment and Decree of Water Court Page 20 conformance with C.R.S. § 37-92-304(6) (1990), as amended, the change of water right and/or plan for augmentation (including exchange) decreed herein shall be subject to reconsideration by the Water Judge on the question of injury to the vested water rights of others for a period of five years from the date of 75% buildout under the subject augmentation plan. If no petition for reconsideration is filed within said five years, retention of jurisdiction for this purpose shall automatically expire. Any party who wants the Court to reconsider the question of injury must file a verified petition with the Court, setting forth the facts that cause such injury and explaining the claimed injury. The party filing the petition shall have the burden of going forward to establish the prima facie facts alleged in the petition. If the Court finds those facts to be established, the Applicant shall thereupon bear the burden of proof to show (a) that any modification sought by the Applicant will avoid injury to other water rights, or (b) that any modification sought by the petitioner is not required to avoid injury to other water rights, or (c) that any term or condition proposed by Applicant in response to the petition does avoid injury to other water rights. In a subsequent application to this Court (e.g., an application for finding of reasonable diligence), Applicants may further define the scope of development under the subject augmentation plan, and the period of retained jurisdiction shall run from 75%buildout under the plan as further defined. For example, it is contemplated that some of the residences may be served by exempt wells, and such use will not be augmented hereunder or factored into the 75% buildout for purposes of the retained jurisdiction. 12. Applicants will install measuring devices, provide accounting, and supply calculations regarding the timing of depletions as required by the Division Engineer for the operation of this plan. Applicants will also file an annual report with the Division Engineer by November 15`" of each year summarizing diversions and replacements made under this plan." 13. ~re conditional water rights decreed herein shall be in full force and effect until ~ ~N--~- 20,~"Lc~ If the Applicants wish to maintain the conditional water rights t)1'e~eafter they shall file an application for a finding of reasonable diligence on or before that date, or make a showing on or before then that the conditional water rights have become absolute water rights by reason of the completion of the appropriations. 14. Review of determinations made by the Division Engineer or the State Engineer in administration of the sut~ject water rights, change of water right, and/or plan for augmentation, including exchange are "water matters" which the Water Court may review de novo and over which the Water Court has exclusive jurisdiction. 15. Pursuant to Rule 9 of the Uniform Local Rules for All State Water Court Divisions, upon the sale or other transfer of the conditional water rights decreed herein, the transferee shall file with the Division 5 Water Court a notice of transfer which shall state: A. The title and case number of this Case No. 02CW079. 0000'18 _.-_.,.q a'_---~- ~--t-`~- _'~^`'?_.l i~ucri~ir._~_n,~u:vunnt~ ' i ~ f ~ [[iA ~ ~i~~ n,.~ ire s T i 'e ~(P_~~ ~ ~ '97 a.. s ~ ~~ °' 1 I ~ ~ ~ ~ ~ r ~ ~'L," +f/ ~ I "~ ` q r I ~ ~ (~ 1 i ~yu~~? cc y~ ,.l ~' ~v X111 ~~ 't"' tip ;.. t~ .r' il(/ ~~i } ~~ /~\ ~J~~ y~?~~~~ ~~ - .. r~l b , POLO DITCH ~il~ %~ _- L ~ ~ . ~' /`~~~" r r POLO POND ~ v) ~~~ ' '~~ _ ~' ~lr I yam-, _ ~;/ \ \\~f ,' ~ ,~6 :r ~ ~ (~ ;, ~ k° ~ ~ . ; f e I f , ~~~ ~ 1 ~~ WELL C ~ I (, e l ' ~ WELL D _J) ~ ,~ ! + w _ l ~ ~ fi~~r , N ~y ~ J 1 ~ ~~" _ M~ lye ~n .~I \'.. , POLO ~ /- ' ~ ~~ , ~ ~ ~ l~ ~ LEWIS LAKE `~ POND # 2 n ,'. /,rs ley ~~ C LOWER j ;} ` ~"t t`~ ,;, h 7 \ ~ fl r -,-- P~ ,~ ~ ~ 1 4 ( r ~ TRANCH ~ ~ i )~}S ~~"''`f r~ r_ ~j~~J ~ I'~"c~.. ~ "~` 1 J _ SPRING N A "~(~, ~ ' -'/ `' ~l." ~j:. ~\ n~6 ~I,J\ ~ ` . ~, ; ~^\ O 7~ \ j ~~8a ! n,. ,-~., ~~1 l , In\~\ Y i~ lk~i \, a 1. ! I ~.~ ~~ a ! ~: WELL A / { u ~ ~~ i / P "'°' a~ qy; J ~r~ ~~ i '! ~ t ~ ~ ~~ ~~ „ l ~ THOMAS FEEDER DITCH ~~~, .,~~ ~ ~ ~~ ~ ,mil, ~ ~ ~' ~~-,-. .r ~ ~ ~~jt i ~ Sy}) ;,. ~, ~ ~~ ill' l ~I ~~- ' ~ ~ ~- ~'~; r~',~ , ~a _ f.r?k- ~r lit~~ III~i=1.f ~ ~/~~~-'r' ~1~'~ 1~ -• LEGEND ' ~-'- Wright Water Engineers, Inc. P.O. Box 2l9 816 Colorado Avenue Glenwood Springs. CO 81602 Phone: (970)945-7755 Fax: (970)945-9210 ~'f ~}y4e fl .. I~rr /C~, - ~--! ~ ,, . ~~. ~ ~ ~. .~~~-~~ ~ ~~ t /, i ~ .~ Figure 1 Crystal Island Ranch Water Resources Map Crystal Island Ranch Alluvial Well Field Crystal Island Ranch Property Well Field Exhibit A Exhibit 4 ooousl EowARO MuLHALL. JR. Score BALCOMa LAWRENCE R GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER ANNE MARIE McPHEE AMANDA N. MAURER DEBORAH DAVIa~ DAVID P JoNEs ' ALSO aoNlTreo To vRACncc IN New Tone •uo Mlssoonl BALCOMB & GREENS P. C. ATTORNEYS AT LAW P. O. DRAWER 790 ov COUNSEL 818 COLORADO AVENUE KENNETH BALCOMR IiLTiNN'OOD SPRINGS, COLORADO 81002 JOHN A. THULSON TELEPHONE: 970.945.0540 FAC SIMILE.: 9 7 0.9 4 5.8 90 2 ~N1VW.BALCODIBOREEN.COIDI February 3, 2004 Via e-mail and U. S. Mail Doug Pratte The Land Studio P.O. Box 107 Basalt, CO 81621 Re: Well Permits for Crystal Island Ranch Dear Doug: You have inquired concerning our opinion about the availability of a legal water supply for the lots at Crystal Island Ranch, each of which will contain at least 35 acres. It is our opinion Crystal Island Ranch, or the individual owners of the new lots, can obtain permits allowing one "exempt" well for each 35 acre lot. Each well will be legally permitted to provide domestic in-house water service for up to three single-family dwellings, limited outdoor irrigation, stock watering, and fire protection. As each well will be the only well on each 35+ acre lot, there is a statutory presumption operation of the wells will not injure other water users. Consequently, it is reasonable to expect the well permits will be issued as a matter of course and the wells will be exempt from administration under the water priority system. I hope you find this information helpful. Please let me know if you need anything else. Very truly yours, BALCOMB & GREEN, P.C. Anne Marie McPhee ~~~~g2 Exhibit 5 ooous3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF YITKIlV COUNTY, COLORADO, APPROVING TAE CRYSTAL ISLAND RANCH SUBDMSION/PUD CONCEPTUAL SUBMISSION, 1041 HAZARD REVIEW, SPECIAL REVIEW AND GMQS Ea:EMPTION Resolution No.,f9S2002 RECTTALS I. Richard ]elinek, Debbie Jelinek, Duck Meadow A LLC, Duck Meadow B LLC, DJF Ranch Inc. ("Applicant") have applied to the Board of County Commissioners ("BOCC") to subdivide the property into 27 lots, 6 of wlticlt are configured around existing development or previously appraed building envelopes. 25 of the lots will contain residences and two of the lots are "common parcels' that will only contain agricultural buildings. The following approvals are requested and required; A. 1041 Hazard Review and Conceptual Submission to establish building envelopes; B. Subdivision Conceptual Submission; C. Planned Unit Development to vary the minimum lot area requirement; D. GMQS Exemption and Special Review to establish 19 of the lots as TDR receiver sites, each of which will accommodate a maximum of 5,000 square feet of floor area. E. GMQS Exemption for single family dwelling units on 35+ acre parcels created prior to I/10/00. 2. The property is located in the Crystal River Valley approximately 4 miles south of Carbondale, and consists of two separate parcels, which aze more specifically described in Exhibit A. Parcel 1 is accessed from Highway 133 via Thomas Creek Road on an easement across the Fales property. Parcel 2 is accessed from Highway 133 via Prince Creek Road. 3. The property is zoned RS-30/PUD. Parcel I contains 1,214 acres, of which 573 acres is the subject of this application. The remaining 641 acres of Parcel I is designated on the site plan as a "future planning area" that is not addressed in this application. Parcel 2 contains 402 actes, of which 221.4 acres is encumbered by an existing conservation easement. 4. The BOCC granted 17,250 square feet of floor area in the 2001 Rural Area residential growth management competition for new subdivision lots to the Crystal Island Ranch for an in~or riding arena on Lot 8, pursuant to Resolution No. OOti2002. 5. The Planning and Zoning Commission considered this application at a regular meeting on February 5, 2002, and recommended approval with conditions by a vote of S0. 6. The Board of County Commissioners considered this application at duly noticed public hearings on March 27 and October 9, and at a regular meeting on November 6, 2002, at which time evidence and testimony were presented with respect to this application. 7. The BOCC finds that the application is generally consistent with the applicable provisions of the Pitkin County Land Use Code, based on the following conclusions: A. The proposed density is 77% of what is allowed under the current RS30 zoning. OOOOJ~: IIIIItIIIpIIIIIIKI f {IIIIIcIII (I III IIIIIaoO 0~ 565ati.aea 1~ (D~ Z`~~3- 234 - oPOO _ ^- - Resalutial No.~-1001 Page 3 4) Amend Building Envelope 14 to ensure that any structures within the envelope are located a minimum of 70 feet from the pinon/juniper stand .below. (The area within the 70 foot limit may be designated as a development envelope within which no structures will be located.) 5) Amend Building Envelope 23 to eliminate slopes in excess of 30%. B. An overall fugitive dust control plan for the proposed common intprovemenu for review and approval by the Environmental Health Department. The Plan shall include measures to insure that dust does not become a nuisance or blow onto adjacent property. C. An overall site drainage and erosion control plan for review by the County Engineer, which addresses management during construction as well as post-construction. D. Plans and profiles of all proposed road improvements, including improvements to the Highway 137/Thomas Road intersection, Thomas Road, and all internal road, for review by the County Engineer. The plans shall demonstrate that the road improvements will not disturb slopes in excess of 30%. The road plan shall also identify any existing roads on the property, and shall document the condition of all existing roads that will not be improvedto accommodate the subdivision. E. Draft Design Guidelines, which shall incorporate the scenic overlay standards from the Land Use Code and the guidelines included in the West Elk Loop Scenic and Historic Byway Corridor Management Plan. F. Weed management plan for review and approval by Land Management. G. Wildlife habitat mitigation plan to mitigate the acreage of direct habitat loss due to development for review and approval by the Courity Wildlife Biologist. The plan shall be implemented witltiit 2 years following Final Plat approval. H. Specify the actual point from which utilities will be extended to Building Envelopes 25- 27, I. Submit a Construction Management Plan in accordance with the Asset Management Plan, For review and approval by the County Engineer. The Construction Management Plan shall indicate that vehicles associated with construction (i.e. employee traffic, construction vehicles, staging and deliveries) shall not violate County Law, such as parking on County rights-of-way. J. Phasing plan for required road and infrastructure improvements. 4. Witlt the Final Plat application, the applicant shall slbmit will serve letters from utility companies. 5. Prior to recordation of Final Plat, the applicant shall pay the applicable impact fees to the Carbondale & Rural Fire Protection District. 6. Prior to submission of any building permits for development on Parcel 1, except for the riding arena within Building Envelope 8, the Applicant shall obtain the required access permits from the County and CDOT to improve the Highway 133/Thomas Road intersection, and to upgrade Thomas Road and Lewis Lake Road to the standards specified in the Final Plat. 7. Prioc to submission of any building permits for development on Parcel 2, the Applicant shall drtain an access permit from the County to improve the driveway and the intersection with Prince Creek Road to the standards specified in the Final Plat, and shall enter into an agreement with the County to plow Prince Creek Road.to the driveway. II IIIII IIIII III I IIIIIIIII I illllllllll 4flz 565 Zi..aa SILVIB 0RVI5 C[TK IN COVNTY CO R 0.00 D 0,00 Re.salu/ian No. 2~~2002 Page ~ A. Pay the applicable road impact fee. B. Obtain approval of a septic permit [o install an individual sewage disposal system from the Environmental Health Department. The system shall be located within the approved building envelope, and must comply with the setback requirements fran surface and groundwater sources. A qualified professional engineer must design the system. 13. Prior to commencement of construction on any lot, construction fencing shall be installed around the building envelope to prevent any unnecessary vegetation disturbance during construction. 14. The Historic Preservation Officer shall review any building permit applications for development within Building Envelope 2 to ensure compatibility with the historic resources. 15. All development shall comply with the following wildfire mitigation standards: A. Low vegetation (6 inches or less) shall be maintained within a 10 foot perimeter around all structures. Woody vegetation shall not be planted within this perimeter. B. For a distance of 100 feet around all structures, thin existing conifers to break up the vertical and horizontal continuity of fuels. For pinon/juniper trees establish a minimum of a 10 foot clearance between trees measured from [he outermost branch. Remove the lower branches of all trees allowed to remain within the 100 foot perimeter up to half the total height of the tree to eliminate ladder fuels. C. For a distance of 100 feet around all structures, thin and clump existing. oak/serviceberry. The diameter of remaining clmnps shall be no larger than 2 times the heght of the existing shrubs. The area between clumps should be a minimum of 3 times the height of the existing plants. Remove the lower limbs of remaining shrubs within the 100 foot perimeter up to half [he total height of the shn7bs to eliminate ladderfuels. D. Remove all deadfall within 100 feet of all structures. E. Future landscaping shall incorporate spacing between plants that is consistent with B and C above. F. Roof coverings and assembly shall comply with the Land Use Code provisions for low and medium wildfire hazard areas in effect at the time of building permit application. G. Vents shall be screened with corrosive resistant wire mesh with mesh '/. inch maximwn. H. Roofs aitd gutters shall be kept clear of debris. I. Yards shall be kept clear of all litter, slasl>, and flammable debris. J. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from. any structure. K. Firewood/wood piles shall be stacked on a parallel contour a minimum of IS feet away from the structure. L. ~ Swimming pools shall be accessible to Fire Department vehicles. M. Fences shall be kept clearof brush and debris. N. Wood fences shall not connect to the structure. O. Any outbuildings or additional structures shall adhere to the same standards as structures. P. Fuel tanks shall be installed underground with an approved container. I IIIIII VIII IIIIIISIIIII VIII IIIIII VIII III VIII IIII IIII 0 4192 D 0 0017.:488 ' ) ooO l~v Resolution No. ~I~-2002 Page 7 20. No commercial uses or activities shall ocrur within the indoor riding arena. 21. The Applicant shall comply with the following standards in designing and constructing the riding arena: A. Reduce the building to the lowest possible height. B. Start construction below grade to lower overall height. C. Require mature landscaping and/or a berm to screen the building from Highway 133. D. Locale parking/lighting/storage on the east side of the building away from Highway 133. E. Submit the proposed site plan and elevations to the Crystal River Caucus for review prior to building permit application. 22. The Applicant shall comply with the County's lighting regulations. 23. The following floor area limitations shall apply to the lots within the subdivision: A. Lots I, 2, 4-7, 9-17, 23-25 and 27 shall be limited to a maximum of 5,000 square feet of floor area, to be measured based on the County's regulations in effect at the time of building permit application. At building permit application for development within these lots, each lot owner shall submit one executed irrevocable certificate of TDRs and a recorded deed evidencing the sale or transfer of the certificate to the lot owner to the Community Development Department or shall obtain growth management allotments through competition. , B. Lots 18, 19 and 26 shall be limited to a maximum of 5,750 square feet of floor area exempt from growth management, and may utilize TDRs to increase the floor area to no more than 10,750 square feet: At building permit application for development on these lots inexcess of 5,750 square feet, the lot owner shall submit executed irrevocable certificate(s) of TDRs and a recorded deed evidencing the sale or transfer of the certificate(s) to the lot owner to the Community Development Department for the additional floorarea or shall obtain growth management allotments through competition. C. Lots 3, 21 and 22 shall be limited to the maximum floor area permitted by the replacement provisions of the Code in effect at the time of building permit application. D. Residences of up to a maximum of 10,750 square feet of floor area may be constructed utilizing TDRs for additional floor area on no more than two of the following lots: 16, 17, 21, and 23. If additional development in excess of 5,000 square feet of floor area is proposed on these lots, the lot owner shall submit executed irzevocable certificate(s) of TDRs and a recorded deed evidencing the sale or transfer of the certificate(s) to the lot owner to the Community Development Department for the additional floor area or shall obtain growth management allotments through competition. 24, The Applicant shall adhere to all material representations made in the application or in public meetings, including, but not limited to the fallowing representations made during the growth management hearing with regard to the proposed indoor riding arena within Building Envelope 8: A. Roof insulation will be increased to R 30. 0 ~ ~ ~ ~-~ I tllhVlll 11IIIlIII II III III IIVIII III II I III IIII e 4 9z 56 e0i, :4aa /9 RUG-24-2005 13:43 FROM:LRNDSTUDIO 970-927-4261 70:9209171 P.1 • f • August ?A, 2005 Pilkin County Community 130 S. Galena Street Aspen, Colorado 81611 I hereby authorize Doug Pratte and/or Julie Pratte me with respect to the GMQS Application being e Pratte aadlor Julie Pratte are authorized to submit ; for GMQS Competition for New Subdivision I..ot and/or Julie are also authorized to represent mein Staff, the Atkin County Planning Commission an County Commissioners. Should you have any need to contact me du applicadon, please do so through The Land SCi~ ~ Richard Jett line 'The Land Studio to represent mtitted to your office. Doug application to obtain approval r the Crystal River Atea. Doug xtings with Firkin County he Pitkin County Board of of your review of this ooooss RUG-24-2005 13:43 FROM: LRNDSTUDI^ • COMMUNITY 970-927-4261 PITKTN COUNTY (hereinaRer COUNTY) anct_ {hereinafter t. APPLICANT has submitted to (hereinaRer, THE PROJECT), 77:9209171 • DEPARTMENT ~:}ej%~~t~ AGREE AS FOJ,LOWS; an application for 2. APPLICANT understands and agree that Pitkin County Ordinances No. 98-7 and 99-37 establish a feo structure fo Planning applications and the payment of all processing 'fees is a •condition }~recedent to a determinatiat of application completeness. I~ 3. APPLICANT and COUNTY agree t: scope of the pt•oposed project, it is not possible extent of the costs involved in processing the COUNTY further agree that it is in the interest c make payment of an initial deposit and to •therea billed to APPLICANT. APPLICANT agrees h+ greater cash liquidity and will make additioni+l p COUNTY when they are riecessary as costs are it be benefited through the greater certainty of rec APPLICANT'S application. 4. COUNTY and APPLICANT further COUNTY staff to complete processing or pres Plamting Commission and/or Board of Count, Planning Commission and/or Noard bf County required findings for project approval, unless cut to decision. d because of the size, nature or t this time to ascertain the full ,pplication, APPLICANT and the parties for APPLICANT to er permit addstionat costs to be will be benefited by retaining ~ments upon notification by the arced. COUNTY agrees It wilt vering its full costs to process ;ree that it is impracticable for t sufficient information to the Commissioners to enable the ommissioners to make legally nt billings are paid in full prior P.2 t)~~~~~ RUG-24-2005 13:44 FRDM: LRNDSTUDIO 970-927-4261 TD:9209171 P,3 VLV'lu~r_wu ~n~ ~~~~~ ... 5. Therefore, APPLICANT agrees t COUNTS"s waiver of its right to collect full f application completeness, APPLICANT shall pay of $ d~°~hich is for hours of staff tin exceed the initial deposit, APPLICANT shall pa COUNTY to reimburse the COUNTY for the mentioned above, inciuding post approval review. anado within 30 days of the billing date, APPLIC~ pay such accrued costs shall be grounds for suspen PITKIN COUNTY Cindy Iloaben Commtfnity Development Director iat in consideration of ,the .es prior to a determination. of an initial deposit in the amount e, and if actual recorded costs additional monthly billings to processing of the application Such periodic payments shall be NT further agrees that failure to ;ioh of processing. 8 2~` o s Address; ~'~, (3ox 1375 ~:1e u ppo rtlfonnsln~rpoypt.doc 0i/o5/UU ~~w ~a c'~l~<Z oououc PUBLIC NOTICE RE: Crystal Island Ranch Lot 14W Extension of Vested Rights (CASE# P197-OS) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, March 8, 2006 at a regular meeting to begin at 2:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room, 530 East Main Street, Aspen to consider an application submitted by CIR 6 Ranch LLC and Richard Jelinek, (PO Box 1375, Aspen, CO 81611) for an extension of vested rights for the growth management allotment granted pursuant to BOCC Resolution No. OS-2006. The property is described as Lot 14W, Crystal Island Ranch Subdivision/PUD. The State Parcel Identification for this property is 2463-233-00-018. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Suzanne Wolff at (970) 920-5093. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on February 5, 2006. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date 000091 PUBLIC NOTICE RE: 2005 RURAL RESIDENTIAL GMQS COMPETITION FOR ADDITIONAL FLOOR AREA NOTICE IS HEREBY GIVEN that a public heazing will be held on Tuesday, December 13, 2005 at a meeting to begin at 5:00 PM before the Pitkin County Planning and Zoning Commission, in Rio Grande Conference Room, 455 Rio Grande Place, Aspen, Colorado to score the following applications for growth management allotments for additional floor area in the Rural Area: Jelinek (P198-OS) (PO Box 1375, Aspen, CO 81611): Requesting 5,000 square feet of additional square footage in the Rural Area for their personal residence. The property is located in the Crystal Island Ranch PUD and is described as a parcel of land situated in the SEl/4 of Section 22 and the SWl/4 of Section 23, both in, Township 8 South, Range 88 West of the 6°' Principal Meridian. The State Parcel Identification Number for this property is 1463-234-00-001. For further information contact Suzanne Wolff, at the Pitkin County Community Development Department (970) 920-5093. Jelinek (P197-OS) (PO Box 1375, Aspen, CO 81611): Requesting 5,000 square feet of additional squaze footage in the Rural Area for their personal residence. The property is located in the Crystal Island Ranch PUD and is described as a pazcel of land situated in the SE]/4 of Section 22 and the SW 1 /4 of Section 23, both in, Township 8 South, Range 88 West of the 6`h Principal Meridian. The State Parcel Identification Number for this property is 2463-234-00-001. For further information contact Suzanne Wolff, at the Pitkin County Community Development Department (970) 920-5093. s/ Peter Thomas. Chair Pitkin County Planning and Zoning Commission Published in the Aspen Times Weekly on November 13, 2005. Pitkin County Account 002.02. Public Private x 00009 PITHIN COUNTY COMMUNITY DEVELOPMENT. ARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 October 7, 2005 Doug & Julie Pratte PO Box 107 Basalt, Co 81621 Re: Jelinek Lot 14W GMQS Competition for New Subdivision Lots (PID#2463-234-00-001 CASE # P197-OS) Dear Mr. & Mrs. Pratte: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in chazge of the review will request the information from you directly. We have scheduled this application at a public hearing before the Pitkin County Planning and Zoning Commission on Tuesday, December 13, 2005 at a meeting to begin at 5:00 pm before the Pitkin County Planning and Zoning Commission, in the Plaza One Conference Room, 530 East Main, Aspen, Colorado. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available for you to pick up at the Community Development Office. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the public hearing (and remove it within one week after). You are also required to mail notice (you may obtain a copy of the public notice from our office) to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department given above. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the code at the hearing. If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at (970) 920-5093 Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit (Code Section 4-90) 000093 p Cwt a~i~ ~~~ PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Carbondale Fire FROM: Suzanne Wolff, Community Development Department RE: Jelinek Lot 14W GMQS Competition for New Subdivision Lots (PID# 2463-234-00-001; CASE# P197-OS) DATE: October 7, 2005 Attached for your review and comments are materials for an application submitted by Richard Jelinek. The Pitkin County Planning and Zoning Commission will review the application on Tuesday, December 13, 2005. Please return your comments to me by Friday, October 28, 2005. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. 00009r~ ~ P~a+le io~-~~vs PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Crystal River Caucus FROM: Suzanne Wolff, Community Development Department RE: Jelinek Lot 14W GMQS Competition for New Subdivision Lots (PID# 2463-234-00-001; CASE# P197-OS) DATE: October 7, 2005 Attached for your review and comments are materials for an application submitted by Richard Jelinek. The Pitkin County Planning and Zoning Commission will review the application on Tuesday, December 13, 2005. Please return your comments to me by Friday, October 28, 2005. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. oooos~ CPI,~CU1 lv~~ ~-/ ~ i~~ GNe 10 l ~ t~- PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galeua Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Division of Wildlife FROM: Suzanne Wolff, Community Development Department RE: Jelinek Lot 14W GMQS Competition for New Subdivision Lots (PID# 2463-234-00-001; CASE# P197-OS) DATE: October 7, 2005 Attached for your review and comments are materials for an application submitted by Richard Jelinek. The Pitkin County Planning and Zoning Commission will review the application on Tuesday, December 13, 2005. Please return your comments to me by Friday, October 28, 2005. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. 000096 ~, ~, ~,0.,11,,~0~-~ 1~j ~fUTR~OI'~ ~u w. ++. a .. C~UNITY DEVEL:pPMENT DEPART~T 130 Sou~]i Galena Street Aspen, ~.'aiorado 81611 (99~ i) f~20-1526 Pitkim County 172 159 173 174 162 169 160 175 210 LUCOl 211 194 208 198 190 209 206 170 135 105 100 120 195 I15 150 110 130 151 152 158 155 165 PZ005 185 186 IS BI202 B 1203 Land Use: Board of Adjustment County Land Usr Code Deposit Flat Fee Zoning and Sign Public Notice Planning Enforcement Hearing Officer Referral Fees: Airport County Clerk County Engineer Environmental Health Historic Housing Land Management Redstone HPC Wildlife Officer Building Fees: Board of Appeals Building Code Sales Building permit Contractor License Electrical Permit Energy Code Review Mechanical Permit Plan Check Plumbing Permit Reinspection Aspen Sanitation AVFD Fire Marshal BFD Fire Marshal Other Fees: Use Tax Copy Master Plan Copy Performance Deposit Park Dedication Parking Cash in Lieu GIS Requirements Road Impact Fee School Impact Fee TOTAL ~_ ~~ ~`3~2 ADDRESS/PROJECT: CHECK# CASE/PERMIT#