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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING AN EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR
cm 6 RANCH, LLC AND RICHARD JELINEK FOR THE GROWTH MANAGEMENT
ALLOTMENTS FOR LOTS lOW AND 14W OF THE CRYSTAL ISLAND RANCH
Resolution No. ~-2006
RECITALS
I. CIR 6 Ranch, LLC and Richard Jelinek ("Applicant") have applied to the Pitkin Connty Board of
County Commissioners ("BaCC") to request an extension of vested rights such that the vested rights
associated with the recently granted growth management allotments for Lots 1 OW and 14 W would
coincide with the vested rights granted to the Crystal Island Subdivision, which expire on December
15, 2024.
2. The lots are located off of Thomas Road, and are described as Lots lOW and 14W, Crystal Island
Ranch Subdivision/PUD.
3. The lots are zoned RS-30/PUD. Lot lOW contains 10.827 acres and Lot 14W contains 8.86 acres.
4. The BaCC allocated 5,000 square feet of floor area to each of Lots lOW 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 Bacc 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 BaCC finds that the following elements were essential to the growth management allotments for
Lots lOW and 14W and provide significant 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 ofthe 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 Bacc further finds that an extended vested right is consistent with the prior action of the BaCC
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
lOW and 14 W, subject to the following conditions, which shall run with the land and be binding on all
slIccessors in interest:
I. The Applicant shall adhere to all material representations made in public hearings and in the
application.
2. This 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.
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JANICE K vas CRUDILL PITKIN COUNTY CO R 0.00 0 0.00
Resolution No. {)Jl.( -2006
Page 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 lOW and 14 Wand
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, subject to the exceptions set forth in
Pitkin County Land Use Code, S 4-140 and C.R.S., 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 Aspen
~. .
Times Weeklv on the2:'--day of A/l/21J-. ,2006.
\
: ATTEST:
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'\ ! vU i: ~A{t!./Y
Jeahette Jones,
De~uty Clerk and Recorder
I
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
~ ~~t'L/J
Mick Ireland, Chair
Date: ? "2/- '06
APPRQVED AS TO FORM:
APPROVED AS TO CONTENT:
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Ci~O~;: C(t~~LC\1
Community Development Director
Case #PI97-05 & 198-05; PID#246323300018 & 246323300014
522182