HomeMy WebLinkAbout1.0 ApplicationTCI Lane Ranch
Sketch Plan
Application
16411 Old Highway 82
Garfield County, Colorado
Prepared by
April 2007
GARFIELD COUNTY
Building & Planning Department
108 9th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
. www.garfield-countv.com
Subdivision Application Form
GENERAL INFORMATION
(To be completed by the applicant.)
);oo-Subdivision Name: -r 6 l l-AtJe: Mt-JG-l-\ -----'--'~--~=-----""~_:_:.-------
);oo-Type of Subdivision (check one of the following types):
Sketch Plan X Preliminary Plan __ Final Plat __ _
);oo-Name of Property Owner (Applicant):_Ti....:....=;.,l:-_.__-=..:..__._,_-=-__:..,-"--"'"-= ............ -+-'~----1
);oo-Address: Jq~\ Hl~l-\WA"1 82---
i.
);oo-City: (.$.SqJ~ State: l.-0
Telephone: -~'--' ............ -1---+--
Zip Code: gf (,2.,3
);oo-Name of Owner's Representative. if any (Attorney. Planner. etc):
lJosu;: DeSlla JV S:qvt::>tD --XJ7'.J F~Da;.\C.-KS
);oo-Address: fq~l Hlgl-\W~ !3Z-Telephone: Cf/;3-702-]
);oo-City: CA~~ State: UJ Zip Code: S?/"2.-::> FAX: tf6~-.~·-
);oo-Name of Engineer:
);oo-Address: 50PJ2..U e:JJQI 1')~1 U£:i Telephone: 101= -0'31 \
);oo-City: cAR.$q.JDA.kE State: 0 Zip Code: g(b2$ FAX: Jo4-D.3l3
);oo-Name of Surveyor:
);oo-Address: 5(,Pf?.-\5> ~41tJ-EE12-t~q Telephone: /of-0.3( (
);oo-City:~~ State: Co Zip Code: Rl6Z.~ FAX: 1uf-o;313
);oo-Name of Planner:
);oo-Address: }.}Of:l,6 DE51{a/J SIUl?/D Telephone: 1b3-JO"L1
);oo-City: ~MW State: Co Zip Code: gl{,Z,> FAX: '1b3"'982
GENERAL INFORMATION continued ...
~ Location of Property: Section .31 1.32-Township 7.so>iH Range 81 wes..-r
~ Practical Location I Address of Property: J{tt-l l 0(....0 Hl9HVAV[ BZ-
C,~DA<..-E: I U7 2.lbZ.~ ,
~ Current Size of Property to be Subdivided (in acres): /00. 57-
~ Number of Tracts I Lots Created within the Proposed Subdivision: £30
~ Property Current Land Use Designation:
1. Property's Current Zone District: _ ____;,A......;;...i./..:..12-_£1-.!R-~D=--------
2. Comprehensive Plan Map Designation: ~ Pe;J.J.s '1i Re.>.
Proposed Utility Service:
~ ProposedWaterSource: tl\ID \/~ ~eTR..Q -o~-O.V-~~
~ (See "Attachment C" to be completed with the Preliminary Plan Application)
~ Proposed Method of Sewage Disposal: ~ID VA~ Men2.o -~-0~11£
~ Proposed Public Access VIA: OvD H 11::.H"'-'1<1 8 Z-
~ Easements: Utility: 12.o<A\.y MW. fo.JA\. '3As. -t1o(....y@s.s
Ditch:-----------------
~ Total Development Area (fill in the appropriate boxes below):
2-3. bl
70
> Base Fee: Sketch Plan -$325.00; Prelim Plan -$675.00; Final Plat -$200; Plat Review Fee
2
I. THE SUBDIVISION PROCESS
In order to subdivide land in Garfield County, an Applicant is required to complete the following land use
processes in the following order: 1) Sketch Plan Review Process, 2) Preliminary Plan Review Process, and
3) Final Plat Review Process. This section will briefly describe the nature of each process and provide
general direction including subdivision regulation citations to a potential appli~ant requesting subdivision
approval in Garfield County. All of the Garfield County Zoning and Subdivision Regulations are located for
purchase at the Planning Department and can also be found on the World Wide Web at the following
address: http://www.garfield-county.com/buildinq and planning/index.him
A) The Sketch Plan Review (Section 3:00 of the Subdivision Regulations)
1. Purpose
The purpose of the Sketch Plan process is to allow an individual an opportunity to
propose a subdivision in a "sketch" format to the Planning Department and the Garfield
County Planning Commission in order to obtain a cursory review for compliance with
the County's land use review documents, regulations, and policies to identify any
issues that would need to be addressed if the proposed subdivision were to be pursued.
2. Applicability
Any individual proposing a subdivision in Garfield County is required to complete the
Sketch Plan review process as the first step in Garfield County's Subdivision process.
More specifically, Garfield County defines a subdivision (Section 2:20.48) as the
division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or
separate interests, or the use of any parcel of land for condominiums, apartments or
other multiple-dwelling units, as further defined by Colorado state law.
3. Application I Submittal Requirements
In order to apply for a Sketch Plan Review an Applicant is responsible for reviewing
Section 3:00 of the Subdivision Regulations and providing enough information to the
Planning Department in the application to conduct a thorough review and provide the
resulting comments to the Planning Commission for their review and comments.
Specifically, Section 3:30, 3:32, and 3:40 of the Subdivision Regulations contain the
specific information required to be submitted to the Planning Department in order to
satisfy the application requirements in addition to the information requested on this
application form.
4. Process I Public Meeting
The Sketch Plan review process is considered a 1-step process because the
application is reviewed only by the Planning Commission at a public meeting. In order
to appear before the Planning Commission, an applicant will have submitted all
required application submittal requirements mentioned above to the Planning
Department Staff. Once submitted, Staff will have 15 working days to review the
application to determine if all the required submittal information has been submitted as
required.
If Staff determines that all the required information has been submitted, a letter will be
sent to the applicant indicating the application has been deemed "technically
complete." It is at this point Staff will also indicate when the application has been
3
scheduled to be reviewed before the Planning Commission and will request the
applicant supply additional copies to provide the Commission for their review.
If Staff determines that all the required information has not been submitted, a letter will
be sent to the applicant indicating the application does not comply with the submittal
requirements and therefore has determined the application to be "technically
incomplete." The letter will also outline the applications deficiencies so that the
applicant knows what additional information needs to be submitted. At this point, the
applicant has 6 months (180 days) to provide the necessary information to the
Planning Department to remedy the application so that it may be deemed technically
complete. If the application has not been deemed technically complete within this time,
the application will be terminated.
Once the application has been deemed technically complete and a date has been
established as to when the Planning Commission will review the application, Staff will
conduct a land use review of the application using the County's land use regulatory
documents including the Zoning Resolution, Subdivision Regulations, and the
Comprehensive Plan of 2000. In addition, Staff will also consider referral comments
provided from a variety of state and local agencies who may also review the application:
As a result, Staff will write a Memorandum on the proposed subdivision to the Planning
Commission containing the results on the land use analysis. This Memorandum will
also be furnished in advance to the applicant.
At the date and time set for the public meeting before the Planning Commission, Staff
will present the findings in the Memorandum and the applicant will be required to
present the proposed subdivision and respond to comments and questions provided by
the Planning Commission. The comments provided to the Applicant by the Planning
Department and the Planning Commission as a result of the Sketch Plan Process will
be kept on file in the Planning Department for 1-year from the meeting date before the
Planning Commission. If an Applicant does not submit a Preliminary Plan application to
the Planning Department within the 1-year timeframe, the Sketch Plan file will be
closed and the Applicant will need to reapply for a Sketch Plan review prior to a
Preliminary Plan review.
B) Preliminary Plan Review (Section 4:00 of the Subdivision Regulations)
1. Purpose
The purpose of the Preliminary Plan review process is to conduct a thorough review of
the many aspects that are associated with dividing land in Garfield County for the
purposes of residential, commercial, and industrial development. This is the most
intensive review step where the Building and Planning Staff, the Planning Commission,
and the Board of County Commissioners (BOCC) will conduct a thorough review of all
the issues as~ociated with the proposed subdivision against the County's regulatory
requirements. Ultimately, the purpose of this process is to identify all the major issues
in the proposed subdivision by using the County's Zoning Resolution, Subdivision
Regulations, Comprehensive Plan of 2000, as well as other state and local referral
agencies that will provide comments on any issues raised in their review. This is the
process that will either approve or deny the application request.
4
2. Applicability
Any individual proposing a subdivision in Garfield County is required to complete the
Preliminary Plan review process as the second and most intensive step in Garfield
County's Subdivision process. More specifically, Garfield County defines a subdivision
as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or
separate interests, or the use of any parcel of land for condominiums, apartments or
other multiple-dwelling units, as further defined by Colorado state law.
3. Application I Submittal Requirements
In order to apply for a Preliminary Plan Review, an Applicant must have already
completed the Sketch Plan review process addressed in Section 3:00 of the
Subdivision Regulations.
An applicant requesting Preliminary Plan review will be required to submit this
application form, all the required submittal information contained in Sections 4:40 to
4:94 of the Subdivision Regulations as well as address all of the applicable Design and
Improvement Standards in Section 9:00 of the Subdivision Regulations.
In addition to the substantive suQmittal information related to the proposed subdivision
project itself, an applicant is required to complete all the public notice requirements so
that legal public hearings can be held before the Planning Commission and the BOCC
which is addressed in Sections 4:20 -4:31 of the Subdivision Regulations.
4. Process I Public Hearings
The Preliminary Plan review process is considered a 2-step process because the
application is ultimately reviewed by two County decision-making entities during public
hearings: the Planning Commission who makes a recommendation to the BOCC.
In order to obtain dates for the public hearings before the Planning Commission and
the BOCC, an applicant will have submitted all required application submittal
requirements mentioned above to the Planning Department Staff. Once submitted,
Staff will have 30 working days to review the application to determine if all the required
submittal information has been submitted as required.
If Staff determines that all the required information has been submitted, a letter will be
sent to the applicant indicating the application has been deemed "technically
complete." It is at this point Staff will also indicate when the application has been
scheduled to be reviewed before the Planning Commission I BOCC. Additionally, Staff
will provide the applicant with the notice forms to be mailed, published, and posted.
If Staff determines that all the required information has not been submitted, a letter will
be sent to the applicant indicating the application does not comply with the submittal
requirements and therefore has determined the application to be "technically
incomplete." The letter will also outline the applications deficiencies so that the
5
applicant knows what additional information needs to be submitted. At this point, the
applicant has 6 months (180 days) to provide the necessary information to the
Planning Department to remedy the application so that it may be deemed technically
complete. If the application has not been deemed technically complete within this time,
the application will be terminated.
Once the application has been deemed technically complete and a date has been
established as to when the Planning Commission I BOCC will review the application,
Staff will conduct a land use review of the application using the County's land use
regulatory documents including the Zoning Resolution, Subdivision Regulations, and
the Comprehensive Plan of 2000. In addition, Staff will also consider referral comments
provided from a variety of state and local agencies who may also review the application.
As a result, Staff will write a Memorandum on the proposed subdivision to the Planning
Commission I BOCC containing the results on the land use analysis. This
Memorandum will also be furnished in -advance to the applicant prior to the public
hearings.
As mentioned above, Staff makes a recommendation to the Planning Commission and
the BOCC regarding the issues raised in the analysis of the proposed subdivision. The
Applicant will first propose the subdivision to the Planning Commission who is
responsible for making a recommendation of approval, approval with conditions, or
denial to the BOCC. Next, the application will be reviewed by the BOCC during a
regular public hearing. The BOCC will consider the recommendations from the
Planning Staff and the Planning Commission, the information presented by the
applicant, and the public. As a result, the BOCC is the final decision-making entity
regarding the proposed subdivision and will either approve, approve with conditions, or
deny the application.
If the BOCC approves the subdivision application at the public hearing, the approval
shall be valid for a period not to exceed one (1) year from the date of Board approval,
or conditional approval, unless an extension of not more than one (1) year is granted
by the Board prior to the expiration of the period of approval. (See the specific
information provided in Section 4:34 of the Subdivision Regulations.) Following the
hearing, Staff will provide a resolution signed by the BOCC which memorializes the
action taken by the Board with any I all conditions which will be recorded in the Clerk
and Recorder's Office. Once an applicant has Preliminary Plan approval, they are
required to complete the third and final step in the County's Subdivision Process: Final
Plat Review.
C) Final Plat Review (Section 5:00 of the Subdivision Regulations)
1. Purpose
The purpose of the Final Plat review process is to provide the applicant with a
mechanism to prove to the County that all the conditions of approval required during
the Preliminary Plan review process have been met I addressed to the satisfaction of
the Planning Staff and the BOCC. This being the case, the chairman of the BOCC will
6
sign the Final Plat and have it recorded memorializing the subdivision approval granted
by the BOCC. This is the last step in the County's subdivision process.
2. Applicability
Any individual proposing a subdivision in Garfield County is required to complete the
Final Plat review process as the third and last step in Garfield County's Subdivision
process. More specifically, Garfield County defines a subdivision as the division of a lot,
tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or
the use of any parcel of land for condominiums, apartments or other multiple-dwelling
units, as further defined by Colorado state law.
3. Application I Submittal Requirements
In order to apply for a Final Plat review, an Applicant must have already completed the
Preliminary Plan review process addressed in Section 4:00 of the Subdivision
Regulations.
An applicant requesting Final Plat review will be required to submit this application form,
all the required submittal information contained in Section 5:00 of the Subdivision
Regulations and responses to all the conditions of approval required as part of the
Preliminary Plan review process.
4. Process
The Final Plat review process is considered a 1-step process because the application
is ultimately reviewed by the Building and Planning Staff and presented to the BOCC
for their signature if the application satisfies all the required submittal information to the
satisfaction of the Building and Planning Department.
If Staff determines that all the required information has been submitted, a letter will be
sent to the applicant indicating the application has been deemed "technically
complete." It is at this point Staff will also indicate when the application has been
scheduled to be presented to the BOCC for signature. (This is not a public hearing or
meeting and therefore does not require public notice.)
If Staff determines that all the required information has not been submitted, a letter will
be sent to the applicant indicating the application does not comply with the submittal
requirements and therefore has determined the application to be "technically
incomplete." The letter will also outline the applications deficiencies so that the
applicant knows what additional information needs to be submitted.
Once the application has been deemed technically complete and a date has been
established as to when the BOCC will review the Final Plat, Staff will review the
application I Final Plat in terms of adequacy to determine if all the submittal information
satisfies the Final plat requirements as well as the responses to the conditions of
approval. During this review, Staff will forward the Final Plat the County Surveyor for
review and a signature. In the event there are additional questions or clarification
issues to be addressed, the County Surveyor will generally contact the applicant to
have the plat adjusted as necessary. Once, Staff has completed the review and all
required information has been submitted to the satisfaction of the Planning Department
7
and the County Surveyor has signed the Final Plat in Mylar form, it will be scheduled at
the next BOCC meeting to be placed on the consent agenda with a request to
authorize the Chairman of the BOCC to sign the plat.
Once the Final Plat is signed, it is then recorded by the County Clerk in the Clerk and
Recorder's Office for a fee of $11 for the first sheet and $10 for each additional sheet
thereafter. This fee shall be paid by the applicant. This act of recording the signed Final
Plat represents the completion of the Garfield County Subdivision Process.
Please refer to the specific language in the Final Plat portion (Section 5:00) of the
Subdivision Regulations for specific timelines and additional responsibilities required of
the applicant to complete the Final Plat process.
Please Note: This information presented above is to be used as a
general guide for an applicant considering a subdivision in Garfield
County. It is highly recommended that an applicant either purchase
the Garfield County Zoning Resolution and Subdivision Regulations
or access them on-line at:
http://www.garfield-county.com/building and planning/index.htm
in order to ascertain all the necessary requirements for each of the
three steps including Sketch Plan Review, Preliminary Plan Review,
and Final Plat Review.
I have read the stat ments above and have provided the required attached information
which is c rrect and ccurate to the best of my knowledge.
Last Revised: 07/25/2005
8
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GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-countv.com
Zone District I Comprehensive Plan Map Amendment I
GENERAL INFORMATION
(To be completed by the applicant.)
);;>-Name of Property Owner CApplicant>:_...1...=C._f_£..A1".J_;;.;___;t;:.~~:u...;;;..::(..,~'---1,_L.=....;;;;.L;._C::.-__ ----1
);;>-Address: ttl3:S l H 16,H\JM 82-Telephone: '16-07#
);;>-City: ~.MU;:" State:" W Zip Code: Sf6Z3 FAX: 'f'3-1833
);;>-Name of Owner's Representative. if any (Planner. Attorney. etc):
N0.9:.AS D~..st(aN SWDLD -~1') ~l(;KS
);;>-Address: 1"3Sl l-fl6'HJM\ 82.... Telephone: 163-cOZ...1
);;>-City: l&-9~~ State: Co Zip Code: ~/{,'2..$ FAX: 'fl/3 -•P77
);;>-Street Address I General Location of Property: lb+/[ OvD Hl9HWAttt
13Z.. U\eJSq..?t>c\(.-s. I (.Q .816Z.3> ,
);;>-Legal Description:-----.---------...----------
~ A'\fK~~
);;>-Existing Use & Size of Property (in acres):
);;>-Property's Current Zone District Designation. _ __.___.....:._;;"+-"---'-"=-------
);>-Proposed Zone District Designation: ----~~""'---------
);;>-Property's Current Comprehensive Plan Designation: --.~___...-=-=--=.;;..&,....-+---t2eS_ ...... _
);;>-Property's "Study Area" Designation: --~~=-1-....:...i.~~__.-------1
STAFF USE ONLY
);;>-Doc. No.: _____ Date Submitted: ____ TC Date: _____ _
);;>-Planner: Hearing Date:----------•
I. APPLICATION SUBMITTAL REQUIREMENTS
As a minimum, specifically respond to all the following items below and attach any additional information to
be submitted with this application:
1. The Colorado Revised Statutes (CRS) establish general standards of review for rezoning land
in the county. The standard used to review a rezoning request depends on whether the
proposed rezoning is in compliance with the Comprehensive Plan. If so, the proposed rezoning
need only bear a reasonable relationship to the general welfare of the community. If the
rezoning would be in conflict with the Comprehensive Plan, the Applicant generally needs to
show either 1) that an error was made in establishing the current zoning, or 2) that there has
been a change in the conditions of the neighborhood that supports the requested zone change.
Depending on the subject property's Comprehensive Plan designation as mentioned above,
you will need to appropriately address one of the following standards in a narrative form being
as descriptive and specific as possible:
A. The proposed rezoning for the subject property is in compliance with the
Comprehensive Plan. As such, the proposed rezoning bears a reasonable
relationship to the general welfare of the community.
B. If the rezoning would be in conflict with the Comprehensive Plan, the Applicant
generally needs to show either 1) that an error was made in establishing the current
zoning, or 2) that there has been a change in the conditions of the neighborhood that
supports the requested zone change.
2. If the proposed zoning of the subject property conflicts with the current designation as defined
on the Comprehensive Plan's Proposed Land Use Districts Map, an Applicant may wish to
amend the Comprehensive Plan designation so that the proposed rezoning does not conflict
with the Comprehensive Plan Map. If an Applicant requests to amend this Map, they will need
to provide a thorough narrative that shows how their proposed Comprehensive Plan
designation is better suited than the existing designation by addressing the goals. objectives.
policies. and programs listed for that designation in the Comprehensive Plan. This information
can be obtained from the Building and Planning Department upon request.
3. Submit a zoning map showing the current zoning of the subject property and adjacent
properties.
4. Submit a vicinity map showing relative location of the property at a scale of 1" = 2000', and
extending at least % mile from all property boundaries.
5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all
subject property and public and private landowners adjacent to the property (which should be
delineated).
6. Submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site.
This information can be obtained from the Assessor's Office. We will also need the names (if
applicable) of all mineral right owners of the subject property. (That information can be found
in your title policy under Exceptions to Title).
7. Submit a copy of the deed and a legal description of the subject property.
8. If you are acting as an agent for the property owner, you must attach an acknowledgement
from the property owner that you may act in his/her behalf. ·
9. Submit payment of the $450.00 Base Fee: Applicant shall sign the "Agreement for Payment"
form and provide the fee with the application.
10. Submit 2 copies of this completed application form and all the required submittal materials to
the Building and Planning Department. Staff will request additional copies once the application
has been deemed technically complete.
II. PROCEDURAL REQUIREMENTS
(A Zone District Map Amendment is considered a two step process because it is first reviewed by
the Planning Commission which makes a recommendation to the Board of County Commissions.
The following steps outline how the Zone District Map Amendment application review process
works in Garfield County.)
1. Submit this completed application form (pages 1-4), base fee, and all submittal requirements to
the Garfield County Planning Department. It will be received and given to a Staff Planner who
will review the application for technical completeness.
2. Once the application is deemed technically complete, the Staff Planner will send you a letter
indicating the application is complete. In addition, the letter will indicate the dates and times
scheduled for your request to be heard before the Planning Commission during a public
meeting (no notice required) and the Board of County Commissioners during a public hearing
(notice required). The Planning Commission will forward a recommendation to the Board of
County Commissioners to be considered during a properly noticed public hearing. Staff will
send you the appropriate "Public Notice Form(s)" indicating the time and date of your public
hearing and will provide you with a Staff Memorandum regarding your requested Zone District
Amendment. (If Staff determines your application to be deficient, a letter will be sent to you
indicating that additional information is needed to deem your application complete.)
3. Please note, .if an application includes a request to amend the current designation as defined
on the Comprehensive Plan's Proposed Land Use Districts Map, the request may be
considered at the same meeting before the Planning Commission. However, the request to
amend the Comprehensive Plan shall be considered prior to the request to amend the zoning
map. In addition, the Applicant shall be required to provide proper notice (as described below)
for the request to amend the Comprehensive Plan for the Planning Commission to hold a
public hearing on the request. Further, the Planning Commission is the final decision maker on
the Comprehensive Plan amendment request whereas the Planning Commission will make a
recommendation on the rezoning request to the Board of County Commissioners.
4. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the public
hearing before the Planning Commission and I or the Board of County Commissioners. If
proper notice has not occurred, the public hearing will not occur. Notice requirements are as
follows:
a. Notice by publication, including the name of the applicant, description of the subject lot,
a description of the proposed amendment and nature of the hearing, and the date, time
and place for the hearing shall be given once in a newspaper of general circulation in
that portion of the County in which the subject property is located at least thirty (30) but
not more than sixty (60) days prior to the date of such hearing, and proof of
publication shall be presented at hearing by the applicant.
b. Notice by mail, containing information as described in the paragraph above, shall be
mailed to all owners of record as shown in the County Assessor's Office of lots within
two hundred feet (200') of the subject lot and to all owners of mineral interest in the
subject property at least thirty (30) but not more than sixty (60) days prior to such
hearing time by certified return receipt mail, and receipts shall be presented at the
hearing by the applicant.
c. The site shall be posted such that the notice is clearly and conspicuously visible from a
public right-of-way, with notice signs provided by the Planning Department. The
posting must take place at least thirty (30) but not more than sixty (60) days prior to the
hearing date and is the sole responsibility of the applicant to post the notice, and
ensure that it remains posted until and during the date of the hearing.
5. The Applicant is required to appear before the Planning Commission and the Board of County
Commissioners at the time and date of the public meeting I hearing at which time they will
consid~r the request. In al:ldition, the Applicant shall provide proof at the hearing before the
Board of County· Commissioners (and Planning Commission for an Amendment to the
Comprehensive Plan) that proper notice was provided.
6. Once the Planning Commission and/ or the Board of County Commissioners make a decision
regarding the request(s), Staff will provide the Applicant with a signed resolution memorializing
the action taken by either Board. Following the Boards' approval, this office will change the
property's zoning designation on the zoning map and the Comprehensive Plan Map (if so
decided) if approved.
I have read the state ents above and have provided the required attached information which is
correct a d ace te t the best of my knowledge. · ·,~ ~ ~'1
er) Date
Last Revised: 02/2006
•
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EXHIBIT. A:
A TRACT OF LAND SITUATED IN LOTS 8, 9 AND 10 OF SECTION 31 ~ IN LOTS 5 AND 13
OP SECTION 32, ALL IN TOWNSH:CP 7 SOOTH, RANGE 87 WEST OF THE 6TH PRDl'CIPAL
MERIDIAN'; GARFIELD COUNTY, COLORADO, LYING SOUTHERLY OF AND ADJACENT TO TltE
SO~Y RIGH'l' O~ WAY L:CNE OF OLD STATE HI~AY 82 AND BEI~G MORE
PARTICULARLY.DESCRIBED AS POLLOWS:
•' .
BEGINNJ:NG AT A POINT ON SAID SOUTHERLY RIGHT OF WAY"LI:NE WHENCE A STONE FOum>
IN PLACE. FOR. . THE WITNESS C0°:RNER TO T.EE NORT.HWT CORNER OF SAID SECT:CON BKARS
N 26 DEGREES.00'. 43" E 1433.52 FEET1 T.HENCE ·S.79 DEGREES 58 1 s2n B 2125.37
·FEET ALONG SAID SOUTHERLY RIGHT OP WAY LINE TO 'l'Hlil NORTHWEST CORNER OF A
PARCEL OP LI®> DESCRIBED :CN BOOK 1013 AT PAGE 423 OP TBE.RECORt>S OP THE
GARFIELD COUN'l'Y CLERK AND RECORDER; THENCE-ALONG THE WESTERLY BOtmDARY t.Dra OF .
SA:CD PARCEL ON 'l'HE !'OLLOWI:NG TWO (2} COORSESi S 04 DEGREES 5S' 00" W 461.90
PEETJ 'l'HENCE s 01 DEGREES oo• oo• E 861.25 FEET TO A POINT ON 'J:HE NOR'l'HERLY
R.J:GHT OF WAY LINE OP.THE ROARING.FORJS TRANSIT AUTHORITY RAILROAD RIGHT OP WAY1
THENCE 169:57 PBET'ALONG SAID NORTHERLY RAILROAD RIGHT OF WAY LINE ON THE ARC
OF ·A 1565 .69 FOOT RADIUS ,CURVE ro 'l'Bl!l LEFT, 'J;HE CHORD OF WHICH BEARS S 54
DEGREES 32 1 43° W 169.49 FEET TO A POINT ON THE SOUTHERLY BOUNDARY L:CN'E OF SAID
LOT 13; THENCE N 89 DEGREES 54' 14• W 651.37 li'EET ALONG THE sOU'lHERLY BOilNDARY
LINE OF ~AID.L!)T 13 TQ THE NORTHEAST CORNER OP' SAID LO'l' 101 THENCE S 00 DEGREES
10' ~7" E 354.80 FEET ALONG THE EASTERLY BOUNDARY LI:NE OF SAID LOT 10 'l'O A
J?O:CN'l' .I])l 'l'H]ll. CENTER OF .THE ROARING ~RIC RJ:'VER1 'l'HENCE ALONG THE CENTER OF SAID
ROAR:CNG PORK ~~RON THE FOLLOWING SBVEN (7) COURSBS: S 86 DEGREES 53~ 04n W
294.14 FEET;. THENCE S 85 DEGREES 32 1 23n W 117.60 FEET1 THENCE S 78 DEGREES 29 1
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STATE OF COLORADO
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Planning Team
Applicant
TCI Lane Ranch, LLC
Ace Lane
19351 Hwy 82
Carbondale, Colorado 81623
P: 970.963.0744
Planning & Landscape Architecture
Noble Design Studio
Contact: Jon Fredericks, ASLA
19351 Hwy 82
Carbondale, Colorado 81623
P: 970.963.7027
F: 970.963.9833
Civil Engineering & Surveying
Sopris Engineering, LLC
Contact: Yancy Nichol, P.E.
502 Main Street, Suite A3,
Carbondale Colorado 81623
P: 970.704.0311
F: 970.704.0313
Engineering Consultants
Zancanella & Associates, Inc.
Contact: Timothy P. Beck, P.E.
1011 Grand Avenue
PO Box 1908
Glenwood Springs, Colorado 81602
P: 970.945.5700
F: 970.945.1253
Geotechnical Engineers
Yeh & Associates, Inc.
Contact: Roger A. Pihl, P.G.
170 Mel Ray Road
Glenwood Springs, CO 81601
P: 970.384.1500
F: 970.384.1501
Scale: 1 "=600'
PROJECT MANAGER
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TCI LANE RANCH, LLC
January 30, 2007
Mr. Fred A. Jarman, AICP
Garfield County
19351 Highway 82
Carbondale, CO 81623
(970) 963-0744
Building and Planning Department
108 81h Street, Suite 401
Glenwood Springs, CO 81601
Dear Fred:
This letter authorizes Noble Design Studio, LLC via Jon Fredericks and or Louis
Wilsher, to submit the TCI Lane Ranch Sketch Plan Application and in
representation of TCI Lane Ranch, LLC in the Land Use Review Process.
Yours truly,
TCI Lane Ranch, LLC
By:
Cc:
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Anctrebe -Member
David L. Marrs -GeronimoVentures, LLC.
Jon Fredericks -Noble Design Studio, LLC
TCI Lane Ranch
Adjacent Land Uses
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TABLE OF CONTENTS
I. Existing Conditions ...................................................................................................2
Structures......................................................................................................................3
Vegetation .....................................................................................................................3
Water.............................................................................................................................3
Topography ...................................................................................................................4
Adjacent Land Uses ......................................................................................................4
Utilities...........................................................................................................................4
Access...........................................................................................................................5
II. Project Description...................................................................................................6
Design Intent .................................................................................................................6
Design with Regard to Natural & Cultural Resources....................................................7
Residential Neighborhood Design.................................................................................9
Commercial Parcel......................................................................................................15
Access & Circulation....................................................................................................17
Amenities.....................................................................................................................18
Utilities.........................................................................................................................19
III. Conformity to the Comprehensive Plan..............................................................20
Comprehensive Plan Section III, Subsection 1, Public Participation...........................20
Comprehensive Plan Section III, Subsection 2, Housing............................................22
Comprehensive Plan Section III, Subsection 3, Transportation..................................24
Comprehensive Plan Section III, Subsection 4, Commercial and Industrial Uses ......26
Comprehensive Plan Section III, Subsection 5, Recreation and Open Space............28
Comprehensive Plan Section III, Subsection 6, Agriculture........................................30
Comprehensive Plan Section III, Subsection 7, Water and Sewer Services...............31
Comprehensive Plan Section III, Subsection 8, Natural Resources............................32
Comprehensive Plan Section III, Subsection 9, Natural Resource Extraction ............33
Comprehensive Plan Section III, Subsection 10, Urban Area of Influence .................33
IV. Proposed Comprehensive Plan Amendment.....................................................35
Creative Design Approach...........................................................................................35
Request For A Comprehensive Plan Amendment.......................................................36
Development Constraints............................................................................................37
Land Use Considerations............................................................................................38
Conclusion...................................................................................................................40
List of Exhibits
Exhibit A: Property Legal Description
Exhibit B: August 30, 2006 Deed of Trust
Exhibit C: August 31, 2006 Deed for Water Rights
Exhibit D: February 27, 2007 Yeh and Associates Radiation Survey
Exhibit E: January 6, 2006 Field Investigation Report by Stephen Ellsperman
RE: Cerise Ranch Wetland Review
Exhibit F: February 14, 2007 Letter from Leavenworth & Karp, P.C.
RE: Mid-Valley Metropolitan District Commitment to Serve
Exhibit G: April 26, 2007 Letter from Zancanella and Associates
RE: TCI Lane Ranch Wastewater Treatment Options
Exhibit H: July 6, 2006 Letter from Balcomb & Green to Fred Jarman
RE: Use of term “nursery” as applied to WindRiver Trees
Exhibit I: July 24, 2006 Letter from Larry Green to Fred Jarman
RE: WindRiver Trees Current and Proposed Operations
Exhibit J: July 28, 2006 Letter from Fred Jarman to Larry Green
RE: Request for confirmation regarding the term “nursery”
Exhibit K: List of Property Owners within 200’ of TCI Lane Ranch
Exhibit L: January 30, 2007 Letter from Jon Fredericks to TCI Lane Neighbors
RE: Open House for TCI Lane Ranch
Exhibit M: List of TCI Lane Ranch Open House Invitees
Exhibit N: Sign-In Sheet for TCI Lane Ranch Open House
Exhibit O: Comments Received at TCI Lane Ranch Open House
Adjoin!n-g ZJ9 I TCI Lane Ranch 20 JO
36
r Adjacent Parcels
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Garfield County
Comprehensive Plan
Land Use
Designations
Legend
CITY ff OWN
COMMERCIAL GENERAL
Im LIGHT INDUSTRIAL
OPEN SPACE (Federal Lands: BLM, US FS)
PUBLIC PROPERTY
RECREATIO N
RES H (<2 AC/DU)
RES MH (2 TO <6 AC/DU)
RES M (6 TO <10 AC /DU )
RES L (10+ AC/DU)
Im RESOURCE EX TRA CTION
SUBDIVISION ---... Property Boundary
Source: Garfield County GIS
List of Figures
Figure 1: Area Vicinity Map
Figure 2: Neighborhood Vicinity Map
Figure 3: Neighborhood Vicinity Map 1” = 600’
Figure 4: Adjacent Land Uses Map
Figure 5: Adjacent Parcels Map
Figure 6: Garfield County Comprehensive Plan Land Use Designations Map
Figure 7: Proposed Land Use Designations Map
Figure 8: Site Inventory
Figure 9: Garfield County Visual Corridor Map
Figure 10: Garfield County Slope Hazard Profile Map
Figure 11: Garfield County Soil Hazard Profile Map
Figure 12: Garfield County Soil Designations Map
Figure 13: Floodplain Analysis Map
Figure 14: Proposed Site Plan
I. Existing Conditions
This section of the application addresses existing conditions of the proposed Project site.
The Project site is a parcel of land located at 16411 Old Highway 82, 100.52+/- acres in
size that is currently zoned Agricultural/ Residential/ Rural Density (A/R/RD).
(Items listed below in bold are those that are proposed uses in TCI Lane Ranch.)
Uses by right in this Zone include:
Agricultural including farms, garden, greenhouse, nursery, orchard, ranch,
small animal farm for production of poultry, fish, fur-bearing or other small
animals and customary accessory uses including buildings for shelter or
enclosure of persons, animals or property employed in any of the above
uses, retail establishment for sale of goods processed from raw materials
produced on the lot; guiding and outfitting, and park; single-family dwelling
and customary accessory uses. Accessory dwelling unit approved as a part of
a public hearing or meeting on a subdivision or subdivision exemption or
guesthouse special use approved after 7/95 and meeting the standards in
Section 5.03.02; pipeline.
Conditional Uses in this Zone include:
Aircraft landing strip, church,community buildings, day nursery and school;
group home for the elderly. Boarding or rooming houses, studio for conduct of
arts and crafts, home occupation, water impoundments.
Special Uses in this Zone include:
Airport utility, feedlot as principal use of the lot, crematorium, agriculture related
business, resorts, kennel, riding stable, and veterinary clinic, shooting range
facility, two-family dwelling, camper park, ski lift and trails; broadcasting studio,
communication facility, corrections facility,storage, storage of heavy
equipment, golf course driving range, golf practice range and accessory
facilities, commercial recreation facility/park, mass transit facility, public
gatherings; storage of oil and gas drilling equipment; site for extraction,
processing, storage or material handling of natural resources;utility lines, utility
substations; recreational support facilities and guest house. Accessory dwelling
unit meeting the standards in Section 5.03.02 for any lot not created after a
public hearing or meeting after 7/95, kennel, Group Residential Facility for
Children & Youth.
2
Please see Figure 8; Site Inventory for items discussed below.
Structures
Current and historic uses of the property
include ranching with irrigated meadows, and
residential dwelling. There are four existing
residences on the property. Three of these
are aging and of poor quality, while one is a
new modular home. Various outbuildings also
exist that were at one time associated with
typical ranching operations; included in these
are three log structures which will be
evaluated for preservation. In addition, the
property is laced with a series of barbed-wire
and other types of fences.
EXISTING LOG STRUCTURE TO BE PRESERVED
Vegetation
The property is dominated by two primary vegetation
communities. Irrigated hay meadows comprise
approximately 50% of the site, while cottonwood galleries
dominate the other 50%. The majority of the cottonwood
galleries are adjacent to the Roaring Fork River where they
are associated with smaller quantities of spruce, ponderosa
pine, and juniper. Some of the isolated upland cottonwood
galleries are the result of many decades of water diversions
to areas that would otherwise be dry. Another notable
vegetation community is areas of gambel oak groves. These
are limited in area, generally occurring on the northern half
of the property, but are generally in good health.
PONDEROSA PINE NEAR RIVER
ROARING FORK RIVER (RIO GRANDE TRAIL IN
BACKGROUND)
Water
Both natural and diverted water courses exist
on the property. The property’s southern
boundary is formed by the centerline of the
Roaring Fork River, except where adjacent to
an isolated parcel of BLM-administered land.
Three primary ditches also traverse the
property including the Basin Ditch, Middle
Ditch (aka Blue Creek Ditch), and the Lower
Ditch. There are also several lateral ditches
existing on the property. It is also assumed
that there are existing wetlands on the site,
3
primarily located in the riparian corridor adjacent to the river. (Wetlands delineation will
occur during the Preliminary Plan/ PUD process.)
Topography
The site is generally level with an overall East-West gradient of 0.8%, and an overall
north-south gradient of 1.0%. A portion of this topographical change is located in a
bench that bisects the property from east to west through the properties mid-section.
The riparian forest adjacent to the river is composed of a series of undulating channels,
presumably created as the Roaring Fork River historically migrated from north to south
in the area. The property generally drains from northeast to southwest at an overall
grade of 1.4%, changing in elevation approximately 43 vertical feet.
Adjacent Land Uses
Surrounding land uses are varied, but are primarily residential. To the west of TCI Lane
Ranch is Blue Creek Ranch PUD, with an overall density of one unit per 1.6 acres, with
the development concentrated on 40% of the 81 acres. To the northwest, the Catherine
Court property contains 8 dwellings on 1 acre. This residential community primarily
consists of mobile homes. To the north of TCI Lane Ranch is the CDOT Right-of-Way for
Old Highway 82, and State Highway 82,
respectively. North of the CDOT ROW is
a parcel of vacant land that at the time
of this writing is listed for sale. It is
presumed that a development proposal
for this parcel will come forth at some
point in the future. To the east lies the
Waldorf School, with their school
building and associated accessory
facilities and playfields. TCI Lane Ranch
is bordered on the south by both the
RFTA ROW with the Rio Grande Trail,
and also BLM-administered lands that
are seldom utilized. BLUE CREEK RANCH PUD
Utilities
A high-pressure gas main bisects the property within a 50’ easement held by Rocky
Mountain Natural Gas Co., Inc. Preliminary research indicates that the actual gas line(s)
may or may not be located within the legal easement. Holy Cross Electric holds a 20’
easement into the property from Old Highway 82 to the location of the existing
residences. Overhead power lines exist along the northern property boundary, adjacent
to Old Highway 82. Qwest Communications provides existing phone service to the
property. All wastewater is currently contained in septic systems. There are four existing
domestic water wells on the property for potable water. Irrigation water is provided as
described previously in this section.
4
Access
There is one existing access point to the site. This access is located on the northern
property boundary connecting to/from Old Highway 82 (CDOT). The current access is a
gravel driveway leading to the existing residences. The property has no direct
connection to any County road.
5
II. Project Description
Design Intent
The overall design intent for TCI Lane Ranch is centered on Randall Arendt’s concept of
rural clustering, allowing for the preservation of the majority of the site as open space.
Great considerations were given to the creation of five distinct neighborhoods, each with
its own character and variety of housing types. The land plan and neighborhood matrix
has eliminated the segregation of housing types as is commonly seen in many
developments. Each neighborhood was designed to be attainable to a variety of income
levels. Affordable housing units, duplexes, and smaller lots are distributed throughout
the neighborhoods, as opposed to the typical scenario of clustering similar housing types
together into one particular location.
Another major goal of the design team was to preserve the public view corridor from
Highway 82, and to provide a minimum 200’ buffer zone adjacent to the Roaring Fork
River for protection of water quality, wildlife, and to allow access to the greater public. A
major component of the design program is to include a nursery and landscape facility as
a commercial use on the site, which will also provide housing for long-term employees.
This commercial use will help preserve the agricultural use of the property and in the
County, while providing a significant visual screen between proposed homesites, the
Blue Creek Ranch PUD and Highway 82.
TCI Lane Ranch is being proposed as setting a new benchmark in the region for energy
efficient building practices. Standards and design guidelines will be set for the
construction of high-performance homes and possible alternative energy production
methods. Various programs will be evaluated throughout the design process to establish
the minimum criteria for overall site development and construction for homesites. Among
the programs that will be considered are Built Green Colorado, and the new LEED–H
pilot program.
6
Design with Regard to Natural & Cultural Resources
A thorough evaluation of natural and cultural features was completed prior to
commencing any site planning for TCI Lane Ranch. This site inventory and site analysis
created the overall framework for the conceptual site plan. The design team utilized this
framework to determine where development would have the least impact on the project
site, and which areas should be preserved as Open Space.
Natural Resources
Floodway Area – Areas within the Floodway are proposed only for passive
recreational uses, including soft-surface trails. One structure is proposed within
the Floodway, which is a bridge connecting TCI Lane Ranch to the Rio Grande
Trail (RFTA). This bridge would provide public pedestrian and bicycle access to
and from the Rio Grande Trail, providing an alternate transportation route for
neighbors and residents. Figure 13 displays the Floodplain Analysis.
Wetland Areas – A formal wetland delineation for the property has not yet
occurred, but will take place during the Preliminary Plan/ PUD process. A
preliminary wetlands analysis has occurred and is included as Exhibit E. This
Sketch Plan is proposing that no disturbance occur to any possible wetland
areas. Wetlands may be located within private lots, but not within building
envelopes. It is presumed that most of the existing wetlands are located on the
southwest portion of the property, but may exist elsewhere on the property as a
result of cultural water diversions through the ditch system.
Upland & Meadow Areas –
Approximately half of the property is
comprised of meadow and upland
areas. Historically, most of these
meadows have been irrigated through
the system of ditches located on the
property. All of the five proposed
neighborhoods are located in the
upland or meadow areas to minimize
disturbance to mature stands of
vegetation and wildlife habitat. Each
neighborhood provides a central open
space area that will preserve a portion
of these meadows within each neighborhood.
TYPICAL MEADOW AREA
Forested Areas – The majority of the
forested areas will remain intact and
preserved. In some neighborhoods, lots
are designed to allow homes to be
constructed within the forest fringe in
order to minimize visual impacts, and
provide a variety of lot types. The most
contiguous forested area on the property
is located within the Floodway, and thus
7TYPICAL AREA OF FOREST COVER
will not be impacted by development. In other areas of the property,
neighborhoods have been designed to protect and utilize forests for screening.
Riparian Corridor – A voluntary 200’ riparian buffer zone was utilized in the
design process. All areas of the property within 200’ of the Roaring Fork River
will be dedicated open space with no lot coverage. Adjacent to this buffer, all lots
will have building envelopes that limit home construction to the front portion of
the lots. This buffer zone will help protect water quality, provide erosion
protection, protect visual resources for river users, preserve wildlife habitat, and
provide public access to the river. Major vegetation species in the riparian
corridor include cottonwood, willow, spruce, juniper, pinion, and ponderosa.
Open Space – The majority of dedicated
Open Space within TCI Lane Ranch is
located along the north and south
boundaries. The south boundary is
along the River, and is described above
under the Floodway and Riparian
Corridor headings. Along the northern
property boundary is a dedicated Open
Space corridor that will preserve visual
resources from a public perspective of
travelers on Hwy 82. This corridor
provides a 380’ to 430’ buffer from the
CDOT Right-of-Way and is compatible with the existing Open Space corridor on
Blue Creek Ranch. The central Open Space area contains the Blue Creek Ditch,
a community center and a large open park area. It is anticipated that Blue Creek
Ditch will be improved by developing a more naturalistic stream course, planting
native vegetation, constructing a pedestrian trail and providing amenities such as
benches. The entire length of the Blue Creek Ditch within the property is located
within community Open Space. Near the center of the Project, the linear park
widens to include a community center and park. The community center will be
provided by restoring an existing barn where it is currently located. The
community center will provide residents a place to hold community meetings and
events, and may also serve as a small recreation center. The park area will
contain a multi-use field, a children’s play area and naturalistic amenities. The
community center, park and Blue Creek Ditch are accessible to all
neighborhoods via the Project trail network.
PROPOSED OPEN SPACE ALONG HWY 82
Cultural Resources
Existing Structures
Three existing structures will be
evaluated for preservation during
the Preliminary Plan/ PUD
process. These include a timber
barn, which is being proposed as a
Community Center on the Sketch
Plan. Two other minor log
structures within sight of Highway
82 may be preserved as a visual
8
EXISTING TIMBER BARN TO BE PRESERVED
resource and utilized as storage facilities. Three small residences currently
existing on the property are in poor condition from a health and safety standpoint,
and this plan proposes to have them razed.
Adjacent Land Uses – The TCI Lane
Ranch site plan takes into consideration
adjacent land uses through a design that
respects existing development patterns
and land uses. Adjacent to Blue Creek
Ranch, homesites have been designed to
respect the existing pattern of
development. Open Space areas
associated with the two projects create a
consistent visual buffer for travelers of
Hwy 82 for 3500 linear feet. Similarly on
the east side of the project, the site plan
respects existing development patterns
with a large Open Space area adjacent to the Waldorf School building. On the
south side of the site, a large area of common Open Space adjoins the adjacent
public lands and recreational Rio Grande Trail. Restricting development in this
area protects the recreational experiences for users of the Trail and the Roaring
Fork River.
ADJACENT WALDORF SCHOOL
Residential Neighborhood Design
Great care was taken to create a “rural cluster” style development pattern with distinct
neighborhoods separated by preserved Open Space areas, while providing housing
types within each neighborhood that are available to a variety of income groups. In order
to create distinct neighborhoods and preserve significant Open Space, lot size has been
capped at 22,000 sf (1/2 acre). The Project site has been designed to accommodate
residential dwelling sizes of 1000 to 4500 sf per unit.
NEIGHBORHOOD COMPOSITION STUDY
Each individual neighborhood has been designed with Open Space and Park areas, and
trail systems that connect to other common areas within and adjacent to the Project,
allowing for an efficient transportation system as an alternative to automotive travel.
Covenants and Design Guidelines relating to the architectural character will promote
contemporary and rustic styling, with designs that blend with the existing landscape in
colors, textures, materials, and uniqueness. Specific green-design and energy efficiency
design guideline goals will be established at the Preliminary Plan/ PUD level.
9
The County Zoning Resolution requires that 10% of units be deed-restricted affordable.
This Sketch Plan proposes that 19% of the units within TCI Lane Ranch will be deed-
restricted affordable housing units which will be dispersed throughout the community to
promote diversity within each individual neighborhood. 16 of the 84 total units will be
deed-restricted affordable units. Five of these units will be located within the Commercial
parcel and operated by the owner as affordable rental units for employees. These
affordable rental units are further described in the Commercial Parcel section.
The following are detailed descriptions of each neighborhood:
Neighborhood A
Located in a meadow area adjacent to Blue Creek Ranch, this neighborhood is
comprised of 29 lots. An Open Space buffer has been provided along the west
property boundary in order to protect the privacy of residents in both Blue Creek
Ranch and TCI Lane Ranch. Additionally, the neighborhood provides a centrally-
located park area for residents to recreate. This neighborhood matrix is as
follows:
x 2 Duplex Affordable Lots (6,000 sf)
x 6 Duplex Lots (6,000 sf)
x 2 Single Family Affordable Lots (8,000 sf)
x 6 Single Family Small Lots (10,000 sf)
x 10 Single Family Medium Lots (16,000 sf)
x 3 Single Family Large Lots (22,000 sf)
NEIGHBORHOOD “A” LAYOUT
10
Neighborhood B
Located between two upland benches near the existing residential dwellings, this
neighborhood is comprised of 11 lots. Neighborhood B utilizes natural
topography and vegetation to embrace the homesites. A central neighborhood
park is also provided. This neighborhood matrix is as follows:
x 2 Duplex Affordable Lots (6,000 sf)
x 2 Duplex Lots (6,000 sf)
x 1 Single Family Affordable Lot (8,000 sf)
x 4 Single Family Small Lots (10,000 sf)
x 2 Single Family Medium Lots (16,000 sf)
NEIGHBORHOOD “B” LAYOUT
11
Neighborhood C
The southernmost neighborhood in TCI Lane Ranch, this neighborhood is
comprised of 13 lots. The neighborhood is focused around a central open space
meadow, and also contains a parking area for public river access by foot. It is
fringed and screened around the perimeter by stands of cottonwood trees and
heavily forested areas. This neighborhood matrix is as follows:
x 1 Single Family Affordable Lot (8,000 sf)
x 3 Single Family Small Lots (10,000 sf)
x 3 Single Family Medium Lots (16,000 sf)
x 6 Single Family Large Lots (22,000 sf)
NEIGHBORHOOD “C” LAYOUT
12
Neighborhood D
Located in the southeastern area of TCI Lane Ranch, this neighborhood is
comprised of 10 lots. The neighborhood configuration consists of homesites
framed around a linear park open space. The majority of the lots are located in
the woodland fringe, while the remainder back to common Open Space along the
Blue Creek Ditch. This neighborhood matrix is as follows:
x 1 Single Family Affordable Lot (8,000 sf)
x 4 Single Family Small Lots (10,000 sf)
x 3 Single Family Medium Lots (16,000 sf)
x 2 Single Family Large Lots (22,000 sf)
NEIGHBORHOOD “D” LAYOUT
13
Neighborhood E
Located on the eastern edge of the property near the existing Waldorf School
playfield, this neighborhood is comprised of 16 lots. The neighborhood is
arranged around a common central open space, with a single-loaded street
system. The neighborhood is geographically separated from the others by
topography and vegetation to the north, and the Blue Creek Ditch to the south.
This neighborhood matrix is as follows:
x 2 Duplex Affordable Lots (6,000 sf)
x 4 Duplex Lots (6,000 sf)
x 2 Single Family Small Lots (10,000 sf)
x 4 Single Family Medium Lots (16,000 sf)
x 4 Single Family Large Lots (22,000 sf)
NEIGHBORHOOD “E” LAYOUT
14
Commercial Parcel
The proposed commercial parcel will be dedicated to a landscape nursery and
associated support facilities. Nurseries are a use by right under the current zone district
(A/R/RD). The nursery facility will not negatively impact the surrounding land uses and
may add value to some lots by providing significant screening and noise reduction from
Highway 82.
COMMERCIAL NURSERY PARCEL
Typically, nurseries are a moderately benign commercial use. Some light and heavy
equipment will be used to move trees and materials and load trailers for transport. All of
these activities occur during normal business hours. Nursery stock will consist mostly of
evergreen trees, a large majority of which will be utilized by the operator. Limited retail
sales could occur, but only on weekdays during regular business hours. A retail garden
center open to the general public is not proposed.
The proposed nursery is arranged so that an outer row of evergreen trees acts as an
effective visual screen. The proposed structures associated with the nursery are
arranged so they are located on the interior of the parcel, away from neighboring
residential lots. A majority of daily activity will be limited to the inner portions of the
nursery so neighboring residences may not be aware nursery activities are occurring.
The biggest impact to nearby residents will be positive as there will be a large
concentration of evergreen trees that visually extend the open space of the Project and
the yard space of some units. Generally, trees provide people with a sense of well-being
and a large concentration of trees on the site will be a positive amenity.
15
The nursery will have a direct access to Old Highway 82. This access will be dedicated
exclusively to the nursery and is separate from the roads used by residents of TCI Lane
Ranch. It is anticipated that a majority of nursery related traffic will be to and from
Highway 82, via the intersection at Catherine’s Store.
The nursery will house a portion of its employees within 5 units (15 bedrooms),
significantly reducing the amount of commuter traffic to and from the facility. The nursery
commercial parcel is also situated in the northwest portion of the Project site, nearest to
the RFTA transit facility to allow employees the option of utilizing public transit.
The nursery parcel will contain approximately 8,500 sf of non-residential floor space, and
9,000 sf of affordable employee rental units, to be owned and maintained by the
operator. Buildings will contain offices, storage, and operations facilities common to this
type of industry. The architectural character will consider proper massing, scale, and
materials that are compatible with surrounding and historical land uses and structures.
Nurseries and agricultural uses in general are diminishing in Garfield County. The
proposed nursery preserves a type of agricultural use which will only become more
valuable to local residents into the future. Additionally, the nursery provides the
environmental benefit of sequestering carbon emissions.
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Access & Circulation
Access Points
A total of three access points are proposed for TCI Lane Ranch. The primary proposed
access is from Old Highway 82, just west of the existing access driveway. The vast
majority of all residential traffic will utilize this access point, as it provides the most direct
connection to Highway 82 and County Road 100. It is presumed that some of the traffic
generated by this project will utilize the County Road 100 controlled access to Hwy 82,
while some will utilize Old Highway 82 to the east of the project, connecting to Hwy 82 at
Valley Road. A thorough traffic study will be completed during the Preliminary Plan/PUD
process.
A secondary access point is one that would be dedicated to the commercial parcel in the
northwest quadrant of the Project. This access is located 550’ to the west of the primary
access point on the Sketch Plan. The dedicated commercial access will minimize
conflicts between residential and commercial traffic. A limited-use gated access point is
also located at the southwest corner of the commercial parcel, and would serve
emergency services and other limited uses.
A third access point is located on the west property boundary and connects to Blue
Creek Ranch. This gated access will be limited to emergency, pedestrian, and bicycle
use only. The design team has a strong desire to make this a full connection; however
the Blue Creek Ranch HOA has indicated their objection to this. Within the Blue Creek
Ranch PUD, there is a 50’ Road and Utility Easement connecting TCI Lane Ranch to
Pinion Lane, as the original developer of Blue Creek Ranch had envisioned this
connection to take place. This Easement is now under the control of the Blue Creek
Ranch HOA. This access is being proposed as two eight-foot lanes (paved & Semi-
Primitive pursuant to 9:35, Subdivision Regulations) and would serve to connect the two
neighborhoods for emergency services and to provide continuity in community
circulation and pedestrian access.
Access permits to Old Highway 82 will be secured through CDOT during the Preliminary
Plan/PUD application process.
Vehicular Circulation
All roads within TCI Lane Ranch will be designed per County standards as indicated in
section 9:35, Subdivision Regulations, and will meet minimum design criteria for
emergency vehicles per County and Carbondale & Rural Fire Protection District
Standards. The road system within TCI Lane Ranch PUD will be un-gated and within
private road and utility easements. Lot lines within each neighborhood will extend to the
centerline of roads. The road circulation pattern has been designed to quickly disperse
traffic into each of the five neighborhoods, helping to minimize traffic volumes on any
one road.
Pedestrian & Bicycle Circulation
The Sketch Plan promotes multimodal travel within and from the project, providing
connections to a variety of points on the Project site and around the neighboring
communities. (Please see Trails on following page.)
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Amenities
Trails
A comprehensive system of trails has been designed as both a recreational amenity and
to promote efficient alternatives to motorized transportation. Specific trail links are
provided to both the RFTA transit stop at County Road 100 and Hwy 82, and also to the
Rio Grande Trail via a pedestrian bridge to be constructed over the Roaring Fork River.
(RFTA has indicated interest in this bridge concept.) This bridge would be closed
seasonally in coordination with RFTA’s management plan for the trail. Other proposed
trails provide connections offsite to Blue Creek Ranch and the Waldorf School. The trails
within TCI Lane Ranch are being proposed as open to the public.
Parks
Parks are provided at both the neighborhood and community levels. Each neighborhood
will have a small dedicated park space, while a centrally-located 2-acre community park
will serve as a gathering place for larger community events. The community park will
also contain a community center building, currently proposed as a renovation of the
existing barn on the property. The center would provide indoor space for group activities
and recreation, and the building could serve as a sales and management office
throughout construction phases.
Landscape Enhancements
TCI Lane Ranch will provide landscape enhancements with a focus on sustainability,
proper screening, water treatment and recharge, and suitable plant materials with
respect to long-term maintenance requirements and potential wildlife impacts.
The site and landscape character will be developed to compliment the local
environment. Specific site elements will be designed with respect to climate, aspect,
elevation, soil conditions, and proposed uses. A strong emphasis will be placed on
incorporating ecologically-sensitive and socially-conscious design features throughout
the project, including the following:
x Utilize native and drought-tolerant vegetation
x Utilize non-potable water for all outdoor irrigation requirements
x Promote infiltration of stormwater runoff from impervious surfaces
x Incorporate stormwater bio-filtration islands throughout the site
x Limit the use of irrigated turf
x Promote the use of locally-produced and recycled elements in the landscape
x Design for specific microclimates within the site
x Create outdoor use areas that carefully consider the elements of solar
orientation, prevailing winds, shade, views, public safety and accessibility
x Promote a healthy, pedestrian-friendly environment with opportunity for
exploration, discovery, and education
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Utilities
Water
Four wells with domestic underground water rights currently exist on the property, as
described in Exhibit C. Mid Valley Metropolitan District has also established a
commitment to serve, as shown in Exhibit F. Both of these options will be further
evaluated during the Preliminary Plan/PUD process.
Wastewater
Two primary options for wastewater treatment are being considered. One option is
service provided by Mid Valley Metropolitan District, while the other is an on-site
treatment facility similar to the one established at Blue Creek Ranch. These options are
further described under Exhibit G. Again, both of these options will be further evaluated
during the Preliminary Plan/PUD process.
Gas
Rocky Mountain Natural Gas Co. maintains an easement on the property for their gas
main, which also provides service to the existing residences. It is assumed that future
service will be accommodated by the same source.
Electric
Holy Cross Electric currently provides power via overhead lines to the property. This
project will consider burying all proposed power lines including the existing overheads
along Old Highway 82.
Phone
Phone service is currently provided to the property by Qwest Communications. It is
anticipated that this will continue to be the service provider as the project is developed.
Commitment to serve letters will be obtained from all service providers and included in
the Preliminary Plan/PUD Application.
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III. Conformity to the Comprehensive Plan
The Applicant believes the proposed project is in general conformity with the County
Comprehensive Plan (Comp Plan). The Project is located within Comprehensive Plan
Study Area 1.
The following section presents the Goals and Objectives from Section III of the
Comprehensive Plan and provides a response as to how the Project meets these Goals
and Objectives.
Comprehensive Plan Section III, Subsection 1, Public Participation
GOAL:
An integral part of County land use planning is the opportunity for
citizens to be involved in all phases of the planning process.
OBJECTIVES:
1.1 To develop and maintain a citizen involvement program that
clearly defines the procedures by which the public can be involved in
land use and policy decisions.
1.2 To ensure that there will be continuity of citizen involvement.
1.3 To ensure that citizens have access to information that enables
the identification and comprehension of issues.
1.4 To ensure that the citizen involvement program complies with
statutory requirements.
1.5 The Board of County Commissioners, the Planning Commission
and Planning Staff should be responsive to issues raised in the
planning process.
1.6 To ensure that all regions of the County are allowed equal
representation and participation into the planning process.
RESPONSE: The design team held an open house to discuss the proposed project with
neighbors and land owners in the vicinity. The open house was held at 6:30pm on
Tuesday, February 13th at the Village Smithy in Carbondale. The goal of the open house
was threefold:
- Provide a forum for neighbors to share their hopes, vision and concerns
regarding how the site will be developed.
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- Provide an opportunity for the design team to present the conceptual project
program and assure attendees that the team is conscious of their circumstances
- Allow the design team to gain a sense of how TCI Lane Ranch can work with
neighboring developments
The open house invitee list is provided as Exhibit M and the invitation letter is provided
as Exhibit L. The comments from the open house are provided as Exhibit O. The Sign-in
Sheet from the open house is provided as Exhibit N. Verbal comments were recorded
and written comments were accepted at the meeting as well as by mail.
The design team believed that by inviting the public to participate in the Project, people
would gain a deeper understanding of the developer’s vision and motivations. By
providing a forum for people to interact directly with the design team, a certain sense of
trust could be established as local residents were included in the process.
Twenty-five local residents attended the open house; two residents of Lion’s Ridge
Estates and twenty-three from Blue Creek Ranch. The overall atmosphere was positive
and in general support of the project. There was a common endorsement for the open
space and trail system, and many expressed hopes that new trails would tie into existing
ones at Blue Creek and the Rio Grande Trail. The idea of mixed-housing neighborhoods
was also generally well-received, although a few participants expressed concern
regarding the viability of this concept. A conceptual plan of the lot layout and sizes was
not available at the time of the open house, thus most of the concern related to this may
have been generated by a misunderstanding of how the mix would actually be
implemented.
Participants expressed the most concern regarding the proposal to connect Blue Creek
Ranch and TCI Lane Ranch via Pinion Lane. Although concerns were raised about a
paved road connecting Blue Creek Ranch with the new development, many agreed
restricted access, such as a gated emergency access and pedestrian trail between the
projects, was a viable alternative. Some participants also expressed concern about the
proposed nursery. While a few participants thought the nursery detracted from the
project and expressed concerns about the impact to existing residents, a majority agreed
that if designed carefully and with a buffer such as a planted berm similar to the existing
berm on Blue Creek Ranch, the nursery would be a compatible use.
At the end of the meeting, participants expressed appreciation to the design team for the
opportunity to provide input on the project prior to being submitted to Garfield County.
Overall, the design team felt that the open house was successful in accomplishing the
goals for which it was intended. The team used the information gained at the meeting to
adjust the conceptual plan to address stakeholders’ concerns.
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Comprehensive Plan Section III, Subsection 2, Housing
GOALS:
To provide all types of housing that ensures current and future
residents equitable housing opportunities which are designed to
provide safe, efficient residential structures that are compatible with
and that protect the natural environment.
Housing at cost of no more than 30% of gross median income.
Designate appropriate areas.
Encourage mix of housing types within a development.
Deed restrictions placed on the title to fix increase in value of a
home.
Address the challenge of lack of public support.
Designate and encourage growth-favorable zones adjacent to
community limits.
Objectives
2.1 – To encourage adequate, integrated housing at a reasonable
cost to residents throughout Garfield County.
2.2 To ensure construction of quality housing by continued
enforcement of the County's building code.
2.3 – Residential development should be designed and located to
ensure compatibility with existing and future adjacent development.
2.4 – The County should encourage the development of energy
efficient design, including solar access
2.5 – Residential development should respect the natural
characteristics of a particular site, including topography, vegetation,
water features, geology and visual relationships with surrounding
land uses and view sheds.
2.6 The County should coordinate efforts with the Garfield County
Housing Authority and respective municipalities to foster regional
housing goals.
RESPONSE: The Applicant believes in creating integrated communities and for this
reason, the Project exceeds the County’s affordable housing requirement. According to
the Code, the Applicant would be required to provide 9 units of affordable housing; the
Project proposes 16 units. Furthermore, the Project provides free market lots ranging
from less than ¼ acre to ½ acre, helping to ensure that homesites will be attainable for a
variety of income levels. The neighborhoods have been designed such that affordable,
22
duplex and smaller units are distributed throughout the Project and not relegated to a
specific area. The proposed nursery will provide 5 affordable employee rental units
containing approximately 15 bedrooms.
The Project is compatible with surrounding land uses. Blue Creek Ranch, to the west of
the Project, is a residential community with a density of one dwelling unit per 1.6 acres.
Additionally, the two projects are very compatible in terms of contiguous open space,
public river access and trails, and providing a visual buffer to Highway 82. Further west,
the Aspen Equestrian Estates has one dwelling unit per 1.2 acres. TCI Lane Ranch, as
proposed, would have a density of one dwelling unit per 1.2 acres. Development on the
Waldorf School property, directly East of TCI Lane Ranch, is concentrated to an area
adjacent to Old Highway 82. Under the proposed plan, land immediately west of the
school would remain as open space.
The Applicant is a strong advocate of ecologically-based design and ‘green’
construction. It is hoped that this project will serve as a demonstration for sustainable
design and construction. To attain this goal, the CCRs for TCI Lane Ranch will contain
strict minimum requirements for energy efficiency and green building practices for all
homes constructed within the development. The proposed lot layout ensures that each
home will have adequate solar access.
TCI Lane Ranch has been carefully planned to avoid impact to the significant natural
features of the site. A large portion of the most valuable habitat is contained within an
open space area adjacent to the Roaring Fork River. Mature tree stands have also been
preserved in open space areas or are located outside proposed building envelopes. The
middle ditch, aka Blue Creek, will be located within an open space area which will be
improved with pedestrian trails and trees for the enjoyment of residents.
Open space provides a visual buffer between the developed portions of the site and
Highway 82. The open space buffer is similar and contiguous to an open space parcel
on Blue Creek Ranch. The two parcels together will provide a significant visual buffer to
users of Highway 82. As with Blue Creek Ranch, ranching activities are anticipated to
continue within this open space area which will help maintain the rural feel of the site.
23
Comprehensive Plan Section III, Subsection 3, Transportation
GOALS:
Ensure that the County transportation system is safe, functional,
appropriately designed to handle existing and future traffic levels and
includes options for the use of modes other than the single-occupant
automobile.
Determine appropriate nodes and collector points for public
transportation.
A bus system extended beyond Glenwood Springs should be
supported.
Explore rail/bus combination within Study Area I.
Work cooperatively with City of Rifle to develop a Park and Ride
facility.
Support public transit services to seniors, youth, and minorities.
OBJECTIVES:
3.1 To encourage the development of a regional public transit
system that respects the interaction between emerging land use
patterns and travel behavior in the Valley.
3.2 To encourage the use of modes other than the automobile.
3.3 Proposed developments will be evaluated in terms of the ability
of County roads to adequately handle the traffic generated by the
proposal.
3.4 Proposed developments will include street designs that will
reduce adverse impacts on adjacent land uses, respect natural
topography and minimize driving hazards.
3.5 Proposed developments will provide a minimum number of
access points on through streets and highway corridors.
3.6 Proposed commercial and industrial development will direct
traffic to roadways capable of handling projected traffic.
3.7 Street extensions will be required to occur in a logical manner.
RESPONSE: The proposed development is located near a RFTA park-and-ride facility,
making it convenient for residents to commute by bus. Proposed trails within the
development would connect to the Blue Creek Ranch trail located on the south side of
Old Highway 82 and provide direct non-motorized access to the transit facility. The
Applicant is pursuing the opportunity of constructing a pedestrian bridge across the
Roaring Fork River to connect directly to the Rio Grande Trail which will facilitate easy
bicycle travel to the Town of Carbondale and points up valley.
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The development does not directly connect to a County maintained roadway, but rather
connects to Old Highway 82 which is owned and maintained by CDOT. It is anticipated
that a majority of the trips generated by the Project will be directly to and from State
Highway 82. County Road 100 is classified as a Minor Collector rated for 401-2500 trips
per day. It is anticipated that CR 100 will adequately handle the minority of trips between
the proposed development and the Town of Carbondale.
The Project has been designed such that the proposed internal roadways avoid impact
to the natural features of the site. The site does not contain steep topography that would
restrict the proposed road layouts. All roadways have been designed to minimize driving
hazards. The Project does not propose access points in excess of those needed to
provide adequate circulation and emergency service. The proposed road connection to
Blue Creek Ranch has been designed as a gated emergency and pedestrian access.
The proposed nursery will have a dedicated access directly connected to Old Highway
82. The nursery commercial parcel is situated in the northwest portion of the Project site,
nearest to the RFTA transit facility to allow employees the option of utilizing public
transit. Five affordable employee housing units containing approximately 15 bedrooms
are proposed as part of the nursery operation. Providing on-site housing for a portion of
employees will greatly reduce the volume of trips generated by this land use.
A majority of the traffic generated by the commercial parcel is anticipated to be directly
between the Project and Highway 82 via County Road 100 at the Catherine’s Store
intersection.
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Comprehensive Plan Section III, Subsection 4, Commercial and Industrial
Uses
GOALS:
Commercial:Garfield County will encourage the retention and
expansion of convenient, viable and compatible commercial
development capable of providing a wide variety of goods and
services to serve the citizens of the County.
Industrial: (not included as this land use is not applicable to the
proposed project)
OBJECTIVES:
4.1 To ensure that commercial and industrial development are
compatible with adjacent land uses and mitigate impacts identified
during the plan review process.
4.2 Encourage the location of industrial development in areas where
visual, noise, air quality and infrastructure impacts are reduced.
4.3 Encourage the location of commercial development in
appropriate areas that maximizes convenience to County residents.
4.4 Ensure that commercial development is conducive to safe and
efficient traffic flow, reduces vehicular movements and encourages
alternate transportation modes and the use of mass transit.
4.5 Ensure that the type, size and scope of industrial and commercial
development are consistent with the long-term land use objectives of
the County.
4.6 Ensure that Zoning Regulations addressing Commercial and
Industrial uses reflect the changing land use patterns and
demographics of the County and encourage the further
diversification of the County's economy.
4.7 Ensure a commercial and industrial development policy that is
environmentally sound and acceptable to County residents and
policy makers.
4.8 The Economic Development Program must be regional in its
approach. A selective process involving land area and prospective
businesses, and a plan with a vision must be created. Market the
plan with the end result being additional jobs and greater tax base.
Now might be a good time to approach banking institutions. Consider
fast-track approval process and other
RESPONSE: The proposed commercial parcel will be dedicated to a landscape nursery,
and associated support facilities. Nurseries are a use by right under the current zone
district (A/R/RD). The nursery facility will not negatively impact the surrounding land
26
uses and may add value to some lots by providing significant screening and noise
reduction from Highway 82.
Typically, nurseries are a moderately benign commercial use. Some light and heavy
equipment will be used to move trees and materials, load trailers for transport, etc. All of
these activities occur during normal business hours. Nursery stock will consist mostly of
evergreen trees, a large majority of which will be used by the operator. Limited retail
sales could also occur, but only on weekdays during regular business hours. A retail
garden center open to the general public is not proposed.
The proposed nursery is arranged so that an outer row of evergreen trees visually
screens this parcel from residential lots. The proposed structures associated with the
nursery are arranged so they are more central to the parcel, away from neighboring
residential lots. Viewed from Highway 82, the structures are tucked behind a grove of
existing cottonwood and Gambel oak. A majority of daily activity will be limited to the
inner portions of the nursery so neighboring residences and travelers on Highway 82
may not even be aware nursery activities are occurring. The biggest impact to nearby
residents will be positive as there will be a large concentration of evergreen trees that
visually extend the open space of the Project and the yard space of some units.
Generally, trees provide people with a sense of well-being and a large concentration of
trees on the site will be a positive amenity. Trees also make a positive contribution to air
quality.
The nursery has direct access to Old Highway 82. This access is dedicated exclusively
to the nursery and is separate from the roads used by residents of TCI Lane Ranch. It is
anticipated that a majority of nursery related traffic will be to and from Highway 82. The
Applicant is proposing five affordable employee housing units with 15 bedrooms.
Housing workers on site will reduce the amount of commuter traffic to and from the
facility. The nursery commercial parcel is also situated in the northwest portion of the
Project site, nearest to the RFTA transit facility to allow employees the option of utilizing
public transit.
Nurseries and agricultural uses in general are diminishing in Garfield County. The
proposed nursery preserves a type of agricultural use which will only become more
valuable to local residents into the future. The nursery will also add to the tax base of
Garfield County.
27
Comprehensive Plan Section III, Subsection 5, Recreation and Open Space
GOALS:
Garfield County should provide adequate recreational opportunities
for County residents, ensure access to public lands consistent with
BLM/USFS policies and preserve existing recreational opportunities
and important visual corridors.
Interconnect trail system through the county with community trail
systems.
Extend trail system along river corridors.
Obtain rights-of-way and address private land issues.
Look to the communities to be the centers for community activity with
county guidance.
Work with the communities to develop a Colorado River trails and
preservation plan.
Determine the appropriate location for the Fairgrounds.
OBJECTIVES:
5.1 Encourage the location of active recreational opportunities that
are accessible to County residents.
5.2 The County will support and encourage the creation of open
space, through the development and implementation of zoning,
subdivision and PUD regulations designed to retain and enhance
existing open space uses.
5.3 Access to public lands will be expanded and maintained.
5.4 Rafting and fishing access will be strongly encouraged during the
development review process.
5.5 Visual corridors are considered an important physical attribute of
the County and policies will reflect the need to carefully plan these
areas.
5.6 Noise, parking and accessibility will be major concerns.
5.7 Encourage interaction between county/community.
RESPONSE: The proposed Project retains 61% of the site as permanent open space. A
majority of this open space will remain in a natural, undeveloped state. There are three
main open space areas within the Project; an area adjacent to the Roaring Fork River, a
linear park associated with Blue Creek Ditch in the middle of the site, and an area
adjacent to Highway 82. There are also five smaller open space areas which serve as
neighborhood parks. An extensive trail network connects the neighborhoods to the open
spaces and the river, and provides alternate pedestrian routes through the site.
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A majority of the open space adjacent to the Roaring Fork River will be open to the
public and provides river access. This open space extends a minimum of 200’ from the
riverbank and provides a visual buffer to users on the Rio Grande Trail, fishermen and
boaters. Rustic trails located within this open space extend the existing public trail
network from Blue Creek Ranch to the eastern boundary of the Project site. This
expanded trail network significantly increases public fishing access along this portion of
the Roaring Fork River. In addition, the Applicant is exploring the possibility of
constructing a pedestrian bridge across the river to connect the Project directly with the
Rio Grande Trail. The bridge will create a publicly accessible riverside loop trail from the
Catherine Bridge, through Blue Creek Ranch and TCI Lane Ranch and back. The bridge
would be subject to the same seasonal wildlife closures as the Rio Grande Trail. A public
parking area is included in the southern portion of the site to facilitate river access. The
Applicant will collaborate with the Roaring Fork Conservancy to explore the potential of
establishing a conservation easement on this portion of the site.
The central open space area contains Blue Creek Ditch, a community center and a non-
programmed open park area. It is anticipated that Blue Creek Ditch will be improved by
developing a more naturalistic stream course, planting native vegetation, constructing a
pedestrian trail and providing amenities such as benches. The entire length of Blue
Creek Ditch within the property is located within community open space. Near the center
of the Project, the linear park widens to include a community center and park. The
community center will be provided by restoring an existing barn where it currently exists.
The community center will provide residents a place to hold community meetings and
events, and may also serve as a small recreation center. The park area will contain a
multi-use field, a children’s play area and naturalistic amenities. The community center,
park and Blue Creek Ditch are accessible to all neighborhoods via the Project trail
network.
A 22 acre open space has been provided adjacent to the Highway 82 corridor. This open
space is intended to preserve the rural viewshed along Highway 82. It is anticipated that
ranching activities will continue on this parcel, which will maintain the rural qualities of
the property. This open space is contiguous with a similar open space parcel on Blue
Creek Ranch. These two open space parcels provide a significant continuous visual
buffer to development as viewed from Highway 82. The nursery will also contribute to
screening residential development on the western side of the Project.
The five neighborhood parks are designed to provide residents a convenient place to
participate in active or passive recreation. These small open spaces also contribute to a
more open and rural neighborhood feel.
29
Comprehensive Plan Section III, Subsection 6, Agriculture
GOAL:
To ensure that existing agricultural uses are allowed to continue in
operation and compatibility issues are addressed during project
review.
Consider the use of Transfer of Development Rights.
Join farmers and ranchers together to develop a land use plan for
agriculture.
Consider land trusts and conservation easements.
OBJECTIVES:
6.1 Ensure the compatibility of development proposals with existing
farms and ranches.
6.2 Ensure that active agricultural uses are buffered from higher-
intensity adjacent uses.
6.3 Developments adjacent to agricultural uses should be reviewed
in a manner that allows for flexibility in resolving compatibility
conflicts with adjacent uses.
RESPONSE: The Project proposes to maintain ranching activities on the site in the open
space area adjacent to Highway 82. A similar open space parcel on Blue Creek Ranch
has mostly been used as a fall/spring grazing area. The TCI Lane Ranch open space
has been designed so that it can be easily connected to the Blue Creek Ranch parcel.
These two parcels will provide access in perpetuity to ranch land, which will become a
more valuable resource in the future. The ranch use on this parcel will be buffered from
the residential areas by the proposed nursery and stands of existing mature trees.
Nurseries and agricultural uses in general are diminishing in Garfield County. The
proposed nursery preserves a type of agricultural use which will only become more
valuable to local residents into the future.
30
Comprehensive Plan Section III, Subsection 7, Water and Sewer Services
GOALS:
To ensure the provision of legal, adequate, dependable, cost-
effective and environmentally sound sewer and water services for
new development.
OBJECTIVES:
7.1 Development in areas without existing central water and sewer
service will be required to provide adequate and safe provisions for
these services before project approval.
7.2 Development located adjacent to municipalities or sanitation
districts with available capacity in their central water/sewer systems
will be strongly encouraged to tie into these systems.
7.3 Projects proposing the use of ISDS will be required to assess the
site's capability to accommodate these systems prior to project
approval.
7.4 Development will be required to mitigate the impact of the
proposed project on existing water and sewer systems.
7.5 Garfield County will strongly discourage the proliferation of
private water and sewer systems.
7.6 High-density development, defined as exceeding one (1) dwelling
unit per one (1) acre, will be required to assess the potential of
connecting into existing central water and sewer facilities.
RESPONSE: The Project would be served by either a private community wastewater
treatment system or through connecting to the Mid Valley Metro District sewer and water
service. A letter from Mid Valley Metro District is included as Exhibit F. Mid Valley Metro
has existing capacity for the Project and is looking to further expand that capacity.
During Preliminary Plan, these options will be further explored and one option will be
selected and pursued. It should be noted that Garfield County and the Colorado
Department of Public Health and Environment approved a private wastewater treatment
facility to serve Blue Creek Ranch PUD. The Applicant is confident that a private
wastewater facility is a viable and environmentally sound option for the proposed
development. Exhibit G explains these options in further detail.
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Comprehensive Plan Section III, Subsection 8, Natural Resources
GOALS:
Garfield County will encourage a land use pattern that recognizes
the environmental sensitivity of the land, does not overburden the
physical capacity of the land and is in the best interests of the health,
safety and welfare of Garfield County.
Enhancement of the river corridor.
The reclamation of land after extraction processes.
Protection of watersheds and flood plains.
Control of drainage that impacts the communities.
OBJECTIVES:
8.1 The County of Garfield reserves the right to deny a project based
on severe environmental constraints that endanger public health,
safety or welfare.
8.2 Proposed projects will be required to recognize the physical
features of the land and design projects in a manner that is
compatible with the physical environment.
8.3 Garfield County will ensure that natural drainages are protected
from alteration.
8.4 River-fronts and riparian areas are fragile components of the
ecosystem and these areas require careful review in the planning
process.
8.5 Development proposals will be required to address soil
constraints unique to the proposed site.
8.6 Garfield County will ensure that natural, scenic and ecological
resources and critical wildlife habitats are protected.
8.7 Development will be encouraged in areas with the least
environmental constraints.
RESPONSE: TCI Lane Ranch has been carefully planned to avoid impact to significant
natural features of the site. A large portion of the most valuable habitat is contained
within the open space area adjacent the Roaring Fork River. A majority of existing
mature trees on the Property have been purposely located within open space areas or
lay outside proposed roadways and homesites. The Middle Ditch, aka Blue Creek Ditch,
will be located within an open space area which will be improved with pedestrian trails
and trees for the enjoyment of residents.
Lots have been arranged so that there is a minimum 200’ buffer between the riverbank
and the rear of lots. Building envelopes will further restrict construction towards the front
of the lots in this area. The natural drainages on the Property are located within open
32
space or are outside building envelopes. The Applicant is proposing a large open space
parcel adjacent to Highway 82 in order to preserve the viewshed from this roadway.
Comprehensive Plan Section III, Subsection 9, Natural Resource Extraction
This section has been omitted as the Project is not seeking approvals for resource
extraction.
Comprehensive Plan Section III, Subsection 10, Urban Area of Influence
GOALS:
Ensure that development and overall land use policies occurring in
the County that will affect a municipality are compatible with the
existing zoning and future land use objectives of the appropriate
municipality.
Establish an Intergovernmental Agreement between the county and
the communities.
Share Board of County Commissioners and Planning Commission
members when issues cross county-community boundaries.
Allow for comments on community impacts including cases which fall
outside the community’s sphere of influence.
Promote development in and around existing communities.
Grandfathering or time limiting early plan approvals.
Periodically hold Planning Commission meetings in the west end of
the county.
OBJECTIVES:
10.1 County land use policies will be consistent with local land use
policies and objectives.
10.2 Development that requires urban Services will be encouraged
to locate in areas where these services are available.
10.3 Development in an Urban Area of Influence will have street
patterns that are compatible with the affected municipality.
10.4 Preservation of airport area for commercial and industrial sites.
10.5 Retain rural character outside of community limits.
10.6 Enough land area within community limits to accommodate
growth for the next twenty years without annexation.
33
RESPONSE: The Project is not located within an Urban Area of Influence. However, the
Project is located adjacent to or nearby residential developments of similar density. The
Project will rely on rural services, metro districts or private systems and will not require
municipal services.
It is anticipated that a majority of urban services will be provided by the El Jebel
commercial area. The Carbondale and Glenwood Springs areas will also provide many
urban conveniences. Additional conveniences are provided by Catherine’s Store, which
serves as a neighborhood commercial center.
The proposed open space adjacent to the Highway 82 corridor will help preserve the
rural qualities of the site (see Recreation and Open Space, above).
34
IV. Proposed Comprehensive Plan Amendment
The Applicant believes the proposed project meets the requirement of being in ‘general
conformity’ with the County Comprehensive Plan. However, the Project as presented
would require a Comp Plan Amendment, which is permitted under Section 4.04 of the
County Code. The Code requires the Applicant to provide justification for the
amendment based upon criteria for establishing land use designations contained in the
Master/Comprehensive Plan. The Applicant is requesting a Comprehensive Plan
Amendment with this application. The following section presents the justification for a
Comp Plan Amendment.
Creative Design Approach
Section 2, Subsection 8.4 of the Comp Plan encourages designers to explore creative
approaches to development which discourage sprawl, maintain important community
resources like visual quality and promote habitat preservation and open space. This
creative approach is called ‘clustered development’. From the Comp Plan:
The creative approach relies on clustering development where the
topography and vegetation are used to screen new housing and form
(or retain) rangelands as visual community park land. The need to
develop strategies similar to those depicted in Figure 9 through
Figure 11 is based directly on the transitioning nature of land uses
within the County. Policies such as these were arguably never
needed because areas sensitive to development have only recently
been experiencing development pressure.
The following points form the basis for policy development to
encourage and retain open space approaches:
Subdivision developments should be designed in such a manner as
to minimize the disruption of the land from its natural state;
Development sites should be located in order to have minimal
visual impacts on the scenic amenities or rural character of the area;
Developments should be designed to preserve the majority of open
space within the site;
Development should minimize the amount of land required by
clustering residential uses.
RESPONSE: TCI Lane Ranch is consistent with the Comp Plan creative design
approaches. Section III of this document – Conformity to the Comprehensive Plan,
provides an in-depth description of the Project and how it meets the goals and objectives
of the Comp Plan.
35
To summarize, the Project has been carefully planned so that roadways and structures
avoid unnecessary disruption or impact to the natural conditions of the site. A significant
buffer is provided between the developed portions of the Project and Highway 82 in
order to maintain the scenic and rural qualities of the site. Ranching activities are
anticipated to continue within this buffer zone, reinforcing the preservation of local rural
heritage. The Project retains 61% of the site as open space, most of which is left in a
natural, undeveloped state. The proposed number of affordable housing units exceeds
the County requirement. The Project utilizes clustering to create distinct neighborhoods
while preserving significant natural features and reducing the total amount of land
dedicated to private lots. The Project is designed such that the affordable units and
smaller lots are included within each neighborhood, ensuring a more integrated and
diverse community.
Request For A Comprehensive Plan Amendment
Under the Land Use Districts, Study Area I Map (Figure 6) the property falls within the
‘Low Density Residential Land Use District’. The proposed plan seeks to exceed the
density of one unit per 10 acres within this district, utilizing a “rural clustering” format.
The density being represented in the plan is 1DU per 1.2 acres. Therefore, the Applicant
requests that the Comp Plan be amended to ‘High Density Residential Land Use District’
per the considerations which are outlined below.
The Code requires the Applicant to provide justification for the requested amendment
based upon criteria for establishing land use designations contained in the
Master/Comprehensive Plan. The Comp Plan uses the following methodology to
establish the Proposed Land Use Designation:
36
Table 30 evaluates potential land use based upon slope, soil, ISDS and floodplain
Development Constraints. Land Use Considerations are based upon compatibility, road
conditions, infrastructure needs and distance from urban uses. The Table implies that
land designated for ‘Low Density Residential’ has major slope, soil, ISDS and floodplain
development constraints while land designated for ‘High Density Residential’ minor
constraints in these categories. Land Use Considerations for ‘Low Density Residential’
are minor to moderate, while for ‘High Density Residential’ they are critical to moderate.
The following sections discuss the applicability of each constraint and consideration as
they pertain to the subject Property.
Development Constraints
Slope Constraints
According to the Slope Hazard Profile, Garfield Co. Study Area 1 map (Figure 10), the
Property is not located within either a moderate or major slope hazard area. The site in
fact consists of relatively level benches with some areas of grade change between the
benches. There are no slopes in excess or even approaching 40% within the proposed
development area. Therefore, it is proposed that the Slope Constraint designation be
amended from ‘Major’ to ‘Minor’.
Soil Constraints
According to the Soil Hazard Profile, Garfield Co. Study Area 1 map (Figure 11), the
subject Property does not fall within either moderate or major soil hazard areas. Based
on the experience of previous development in the immediate vicinity, the Applicant does
not anticipate that soil hazards will be encountered in the areas proposed for
development. During Preliminary Plan, the Applicant shall consult with a geotechnical
engineer to finalize this determination. Therefore, it is proposed that the Soil Constraint
designation be amended from ‘Major’ to ‘Minor’.
ISDS Constraints
The Applicant is not proposing ISDS for the Project. It is believed that the project would
be served by either a private community wastewater treatment system or through
connecting to the Mid Valley Metro District sewer service. A letter from Mid Valley Metro
District is included as Exhibit F. During Preliminary Plan, these options will be further
explored and one option will be selected and pursued. It should be noted that Garfield
County and the Colorado Department of Public Health and Environment approved a
private wastewater treatment facility to serve Blue Creek Ranch PUD. The Applicant is
confident that a private wastewater facility is a viable option for the proposed
development. As the Applicant is not seeking approvals for ISDS, it is proposed that the
ISDS Constraints be amended from ‘Major’ to ‘Minor’.
37
Floodplain Constraints
The Property contains areas designated as Floodplain. Per section 6.05 of the Code, the
Applicant may apply to have the floodplain divided into two sub-areas: the flood fringe
and the floodway. The Applicant will submit such an application and will be requesting a
Special Use Permit to allow for development within the flood fringe, per Section 6.05 of
the Code. The proposed development has been carefully designed to avoid
encroachment into the floodway as depicted by the Floodplain Analysis (Figure 13).
Furthermore, any development that may occur within the flood fringe shall comply with
all applicable construction standards contained within Section 6.09 of the Code. No
residential development is proposed within the designated floodway, but improvements
such as soft-surface nature trails and a pedestrian bridge over the Roaring Fork River
are proposed in this area. As the Project avoids development within the floodway, it is
proposed that the Floodplain Constraint be amended from ‘Major’ to ‘Minor’.
Land Use Considerations
The Applicant agrees that land use considerations are critical when a project is
proposing an increase in density. The following demonstrates why TCI Lane Ranch, as
proposed, is compatible with and complements surrounding land uses.
Land Use Compatibility
Density
The proposed density of Project is compatible with surrounding land uses. Blue Creek
Ranch PUD, adjacent to the western boundary of the Project, is a residential community
with a density of one dwelling unit per 1.6 acres (1DU/1.6 AC). Further west, the Aspen
Equestrian Estates contains one dwelling unit per 1.2 acres (1DU/1.2 AC). TCI Lane
Ranch, as proposed, would have a density of one dwelling unit per 1.2 acres
(1DU/1.2AC). Directly east of the Property, the Waldorf School is concentrated to an
area adjacent to Old Highway 82. Under the proposed plan, land immediately west of the
school buildings would remain as open space. Currently, the property directly north
across Highway 82 is in irrigated pasture, but it is anticipated that a project will be
proposed here in the future.
Open Space, Recreation and Visual Quality
The Project as currently planned retains 61% of the Property as open space. A large
portion of this open space would be located next to the Roaring Fork River and
contiguous to a similar open space within Blue Creek Ranch. The Applicant will consider
placing this open space parcel into a conservation easement held by the Roaring Fork
Conservancy. The Project proposes to extend the public river access trail currently in
place on Blue Creek Ranch west to the eastern boundary of the Property. This would
greatly increase the scale and value of this popular amenity. In addition, the Project is
exploring the feasibility of constructing a public pedestrian and bicycle connection to the
Rio Grande Trail, which is located directly south and across the Roaring Fork River from
38
the Project. If such a bridge is constructed, it will create a loop trail on the north and
south sides of the Roaring Fork River from Catherine Store Bridge through Blue Creek
Ranch and TCI Lane Ranch and back. The bridge would also provide safe and easy
access for residents that wish to ride their bikes to Carbondale or points up valley.
Similar to Blue Creek Ranch, the Project proposes to retain a significant open space
buffer between development areas and Highway 82. This buffer will help retain the visual
qualities of the site as viewed from Highway 82. The Applicant anticipates that this open
space area will be partly leased for cattle operations, which will maintain the site’s
historic use while preserving the rural qualities of the Property, especially as viewed from
Highway 82.
Road Conditions
The development does not directly connect to a County maintained roadway, but rather
connects to Old Highway 82 which is owned and maintained by CDOT. It is anticipated
that a majority of the trips generated by the development will be directly to and from
State Highway 82. A minority of trips are anticipated to use County Road 100 to and
from Carbondale. County Road 100 is classified as a Minor Collector rated for 401-2500
trips per day. It is anticipated that CR 100 will adequately handle the minority of trips
between the proposed development and the Town of Carbondale. The existing RFTA
park-and-ride at the corner of CR 100 and Highway 82 is conveniently located to provide
residents a viable alternative to commuting by car. This transit facility is slated for
improvement, as the Blue Creek Ranch PUD dedicated land for future expansion. The
Project currently proposes pedestrian trails that connect to the park-and-ride via the
existing Blue Creek Ranch trails on the south side of Old Highway 82. Additionally, the
Applicant is considering a pedestrian/bicycle bridge connecting the Project directly to the
Rio Grande Trail. Such a bridge would provide residents convenient and direct bicycle
access to Carbondale.
Infrastructure Needs
Electrical, telephone, natural gas and phone service are currently in place on the
property. Upgrades to these services to meet Project requirements will be constructed
by the Applicant.
Potable water is anticipated to be provided by either a community well system or through
Mid Valley Metro District if sewer service is also provided by this entity (see ISDS
Considerations, above). There are four wells currently in place on the property. These
wells contain adequate flow to supply the Project as proposed. The Property retains
water rights to the Basin Ditch, the Middle Ditch (AKA Blue Creek) and the Lower Ditch.
All of the above ditches are present on the Property. It is anticipated that a raw water
irrigation system will be constructed by the Applicant to serve all common open space
areas as well as the proposed tree nursery.
Proposed sanitary services are addressed above under ISDS Constraints.
39
Distance From Urban Areas
The Project is approximately 3 miles from El Jebel. The Project is also located for
convenient access to Glenwood Springs, approximately 14 miles away via Hwy 82. It is
anticipated that a majority of urban conveniences will be provided by El Jebel,
Carbondale and Glenwood Springs. Additional conveniences are provided by
Catherine’s Store, which serves as a neighborhood commercial center.
Conclusion
Using the Comp Plan Proposed Land Use District methodology, the Applicant
demonstrates that under the Development Constraints heading, TCI Lane Ranch
qualifies to be re-designated as having minor constraints with regard to slope, soil, ISDS
and floodplain criteria. The Applicant demonstrates that either the Project falls outside
these areas of concern (soil and slope constraints) or has mitigated these constraints
through appropriate engineering (ISDS constraints) or through creative design
approaches (floodplain constraints). The Applicant has also demonstrated that the
Project is compatible with surrounding land uses in density, layout, open space location
and character, proximity to urban uses, and infrastructure requirements. The Applicant
therefore requests a Comp Plan amendment be granted such that the Property be
classified as ‘High Density Residential’ on the Proposed Land Use District map for Study
Area 1 to allow for the proposed Project density.
40
(Residentia
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Proposed Land Use
Designations
Legend
CITY/TOWN
COM MERC IAL GENERAL
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PUBLIC PROPERTY
RECREATION
RES H (<2 AC/OU)
RES MH (2 TO <6 AC/DU)
RES M (6 TO <10 ACIDU )
RES L (10+ AC/DU)
.. RESOURCE EXTRACTION
SUBD IVIS ION
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Source; Garfield County GIB
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NOBLE DE S IGN STUDIO
LA N D S C A PE A R C HITE C T S
19 35 1 Hwy 82, C arbonda le , C o lor ado 81623
p: 970.96 3.7027 f : 970.963 .9833
La nd Pl an ning I Site Design I Landsca pe De sig n
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Visual Corridor
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Visual Corridor
AREA OUT OF VISUAL CORRIDOR
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Source: Garfield County GIS
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Soil Hazard Profile
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--...... Property Boundary
Source: Garfield County GIS
TCI Lane Ranch
Soil Designations
- - -Property Boundary
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FLOOD PLAIN
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FLOODPLAIN LIN£
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LOT 5
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6 / 7.7S.
PRELIMINARY
GRAPHIC SCALE
T
(lliFEET)
I inch = 200 fL
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FI non INFORMATION /SKETCH PI AN OVERI.AY
st• r· r ~ w·
fEMA FIRM MAP
SC• f ,. ; 1000'
FEMA FLOODWAY MAP 1988
SQ! F• 1• ~ JQ()Q'
If.Ar ~[¥!Sff,;
,!i<f~lli\l>V :l,1(}llf;
GENERAL NOTES:
UMITED SUR"1':Y AND llOU~ARY INFORMATION PREPARW BY
SOPRIS [NGINNERJNG. llC .• FROM RECORDED PU.TS mo AERIAL
ToPDGRAPHY BY 01HERS. £XISTING CONDITIONS ANO BASE PLAN
COMPILED BY SOPRIS ENGINNERING, liC FROM PRE\WUS WORK
PERFORMED IN ANO ... ROUND 1H[ SITE.
2. 1HE PROPOSED SUBDIVlSION LAYOUT. AND OTHER SITE
IMPROVEMENTS BY NOBIL DESIGN S,WOJO.
EILVATIONS AND CONTOURS ON 1HIS MAP ARE BASE:O ON 1H[
19118 llERTICAL 0 ... TIJM.
4. THE Fl.OODPLAJN 1Nf'ORMA1!0N 51'0\\N IS FROM THE CURRENT
f£M ... Fl.ODD l.!APPING 01/ERLA Y[D SY SOPRIS ENGINNERJNG, U.C.
5. NO fill SHALL SE PlAC£0 \\!llilN TI;[ Fl.OODWAY AREA lliAT
WILL RESULT IN RAISING PROPOSED FINIS!' GRADES ABOVE 1HE
EXISTING GRAOES.
EXlSTING CDNOITION & MAP NOTES
1. S!T£ PLAN OVERLAY BAS£D ON SHE IMPRO\oa!ENTS AND SUBOIVlSJON lAYOUT
SKETCH REFERENC£D AS "SIT£ PLAN FJNAL-A" DATED 4-J-07, BY NOBLE
DESJGN SWOIO.
1H[ SJTE PlAN SKETCH, SCAl.ED FLOOD MAPPING 1Nf'QRMA1!0N WAS
OV(RLA YEO \\!lH lHE PLA TIED BOUNDARIES AND OTHER SURVEY
INFORMATION.
3. BASIS OF aEVATION: A NA'4) BB ELEVATION or 6205' ON l}jE NGS
STATION \\f!SHAAR 111-flCH ESTAl!USHED A PROJECT BENCHMARK or 6288.35'
ON CDOT MONUMENT SJO BEING A FOUND J.5" ALUMINUM CAP ... S 51101'1!11.
ALL LOT MINIMUM RNISH HOOR t;:U:VAION SHO\\N H£REON ARE IN THE
PROJtCT OAllJM CONSIS7ENT WTH THE BENCl!MAflKS SHOWN HEREON.
4. 100 YEAR Fl.ODD PlA!N. IS BASED ON lliE ffMA -RRM MAP, COMMUNITY
PANEL NUMBER 080205 1880 II, JANUARY J. 1988. DATIJM EQUAllON BB
(THIS PRO.JECT) TO 29 (FEMA Fl.ODD PLAIN) m -4.22 FEET.
5. flOOOWAY INFORMATION OWNEA1ED ON llilS MAP IS BASEO ON mr FEMA
f'LOOOWAY MAPPING, COMUNNITY-PANEL NUMBER; 080205 !880, OA1EO
JANUARY J, 1986.
6. THE 100-YEAR BASE f'LOOD ELEVATIONS AT TI-I[ PROPOSED BUll..[)JNG
EN\IELDP£S CAN BE DEJUlMINW BASED ON INTERPOLATION BETWEEN 1HE
EXISllNG Fl.DOD EILVAllON CROSS SECTION ISO BARS UNES DEUNEATED ON
lliE fEMA MAPPING
7. NO SJT£ IMPROVEMENTS ANO £AflTHWORK WORK ARE PROPOSED 'MTHIN THE
OELINEATEO FLOOOWAY HDWEVfR A POR110N ... PORJlON Of' lHE PROPOSED
LOT ENVELOPE'S ARE WTHIN TI-IE 100 \-£AR Fl.DOD PLAIN (FLOOD f'RINGE).
ANY PROPOSED DWELLING'S \111THIN THE FI.000 fRINGE SHAU. BE OESJGNEO
ANO CONSTRUCTED \\!TH MINIMUM RN!SHED A.DOR EU:VAllONS AT U:AST 1
FOOT J.1101/E 11-1£ ADJACt:NT BASE FLOOD PLAIN ELEVATION (Bf£) OET£RMINED
ON A SITE SPECIFIC BASJS. ANY POTENTIAL flNISHED CRAii\. SPAC£ FLOOR
ELEVATIONS SHAU BE AT OR ABOVE THE BFE.
CONSlRIJCnON NOTE:S:
1. ALL WORK IN THE flOODPLAIN ASSOC/A TEO WITH IHE RES/oemA!
CONSTRUCTION ANO SITE //,fPROllE:MENTS SHAU B£ P£RFORMEfJ IN
ACCORDANCE mm COUNTY RECULA710NS. NO CONSIRUC7lON ACTIV/TIOS ARE
PROPOSED lnTHIN TH£ fWOOAA Y.
!HE CONTRACTOR Sf/All CONTAIN HIS CONSTRl.JCTION OPERATIONS 1V lH£"
AREA MTHIN T11E lJMITS OF T11E SITE BOIJN()ARIES. THE CONT7/ACTOR SHALL
NOT OP/J?ATE OUTS/OE 7HIS AREA 1117110UT TH£ PRIOR CONSENT OF 711£
PROPERTY OllNER INVOl.11£0.
3. THE CONT7/ACTOR SHALL /,fAINTAIN S£0/M£NT AN[) £ROS/ON PROTECTION
THROIJGHOIJT 711E CONSTRUCTION OPERATION. Sill FENCES OR NECESSARY
EROSION PROTECTION SHALL REMAIN IN PLACE UNTIL All O!SlURBED AREAS
HAllE: BEIN STABILJZEJ).
I IJJI !TY I EGEND
AREA BELOW 100-YR FLOOD PLAIN
IN FLOOD FRINGE
AREA ABOVE 100-YR FLOOD PLAIN
l"/ ___ ,~0J FLOODWAY
EXISTING 500-YR FLOODPLAIN LINE
EXISTING 100-YR FLOODPLAIN LINE
EXISTING FLOODWAY
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PROPERTY LINE
FLOOD £L '-6300 1 00-BFE SECTION
SoPRIS ENGINEERr.NG, uc.
CIVIL CONSULTANT.
502 MAIN SlREET, SUITE A3
CARBDNO/\L[, CO 81623
(970} 704-0311
NO. DATE REVISION BY
LOT 8, SECTION 31
16411 STATE HIGHWAY 82, GARFIELD COUNTY. CO
TCI LANE RANCH, LLC
PRELIMINARY PI.AN EXHIBIT
SITE OVERLAY AND FEMA MAPPING
DES. PER CK YTN FILE NO.
DR PER DATE 4-09-07 28241.0t
SHEET!
OF 1
TRAIL ACCESS TO
RFTA TRANSIT
AND CATHERINE STORE
TRAIL CONNECTION·-
BLUE CREEK RANCH
PUD
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I
I
:--:::::::::::-FUTURE TRAIL
CONNECTION
WALDORF
SCHOOL
TRAIL ACCESS TO
WALDORF SCHOOL
\
LAND USE BREAKDOWN
CURRENT ZONING: AIR/RD
PROPOSED ZONING: PUD
TOTAL LAND AREA: 100.52 ACRES
DEVELOPMENT AREA: APPROX. 39 ACRES
OPEN SPACE: APPROX. 61 ACRES
TOTAL LOTS: 79
TOTAL UNITS: 84 (1.2 ACRES/UNIT)
NON-RESIDENTIAL FLOOR SPACE: 10,500 SF
OFF STREET PARKING: 299 SPACES
0
e
(9
0
8
LARGE SINGLE FAMILY LOTS
22 ,000 SF-15 TOTAL
MEDIUM SINGLE FAMILY LOTS
16,000 SF-22 TOTAL
SMALL SINGLE FAMILY LOTS
10 ,000 SF-19 TOTAL
DUPLEX LOTS
6,000 SF-12 TOTAL
AFFORDABLE LOTS
5 SINGLE FAMILY (8000 SF)
6 DUPLEX (6000 SF)
NEIGHBORHOOD 'A':
3 LARGE LOTS,
10 MEDIUM LOTS,
6 SMALL LOTS,
6 DUPLEX LOTS
4 AFFORDABLE LOTS
NEIGHBORHOOD 'B':
0 LARGE LOTS,
2 MEDIUM LOTS,
4 SMALL LOTS,
2 DUPLEX LOTS
3 AFFORDABLE LOTS
NEIGHBORHOOD 'C':
6 LARGE LOTS,
3 MEDIUM LOTS,
3 SMALL LOTS,
0 DUPLEX LOTS
1 AFFORDABLE LOTS
NEIGHBORHOOD 'D':
2 LARGE LOTS,
3 MEDIUM LOTS,
4 SMALL LOTS,
0 DUPLEX LOTS
1 AFFORDABLE LOTS
NEIGHBORHOOD 'E':
4 LARGE LOTS,
4 MEDIUM LOTS,
2 SMALL LOTS,
4 DUPLEX LOTS
2 AFFORDABLE LOTS
0 OPENSPACE
APPROXIMATELY 61ACRES-61% OF SITE
A TREE NURSERY -(INCLUDES 5AFFORDABLE RENTAL UNITS) V APPROXIMATELY9ACRES
A COMMUNITY CENTER AND PARK v APPOXIMATELY 2 ACRES
0 SOFT SURFACE TRAILS
e BICYCLE & PEDESTRIAN BRIDGE
EXHIBIT A.
A TRACT OF LAND SITUATED IN LOTS 8, 9 AW 10 OF SECTION 31 AW IN LOTS 5 AND 13
OF SECTION 32, ALL IN TOWNSliIP 7 SOUTJJ:, RANGE 87 WEST OF THE• 6TH PRINCIPAL
MERIDIAN, GARFIELD COUNTY, COLORADO, LYING SOUTHERLY OF AND ADJACENT TO THE
SOUTHERLY RIGliT OF WAY LINE OF OLD STATE HIGHWAY 82 Alm BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON SAID SOUTHERLY RIGHT_ OF WAY LINE WHENCE A STONE FOUND
IN PLACE.FOR THE WITNESS C6RNER. TO THE NOR.THEAST CORNER OF SAID SECTION BEARS
N 26 DEGR.EES.00'. 43" E 1433.52 FEET; THENCE S-79 DEGR.EES 58' 52" E 2125.37
·FEET ALONG SAID SOUTHER.LY RIGHT OF WAY LINE TO THE NORTHWEST CORNER. OF A
PARCEL OF t.AND DESCRIBED IN BOOK 1013 AT PAGE 423 OF THE.R.ECORDS OF THE
GAR.FIELD COUNTY CLER.K AND RECORDER; THENCE· ALONG THE WESTERLY BOUNDARY LINE OF .
SAID PARCEL ON THE FOLLOWING TWO (2) COURSES: S 04 DEGR.EES 55' 00" W 461.90
FEET; THENCE S 01 DEG!l.EES 00' 00" E 861.25 FEET TO A POINT ON THE NORTHER.LY
RIGHT OF WAY LINE OF.THE ROARING_FOR!f. TRANSIT AUTHORITY RAILR.OAD RIGHT OF WAY;
THENCE 169;57 FEET ALONG SAID NORTHERLY RAILROAD RIGHT OF WAY LINE ON THE AR.C
OF A 1565.69 FOOT RADIUS.CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 54
DEGREES 32' 43" W 169.4.9 FEET TO A POINT ON THE SOUTHERLY BOmlDARY LINE OF SAID
LOT 13; THENCE N 89 DEGREES 54' 14" W 651,37 FEET ALONG THE SOUTHER.LY BOUNDARY
LINE OF SAID-LOl 13 TO THE NORTHEAST CORNER OF SAID LOT 101 THENCE S 00 DEGREES
10' 37" E 354.80 FEET ALONG THE EASTERLY BOUNDAR.Y LINE OF SAID LOT 10 TO A
POINT IN THE-CENTER OF THE R.OARING FORK RIVER1 THENCE ALONG THE CENTER OF SAID
ROARING FORK RIVER ON THE FOLLOWING SEVEN (7) COURSES: S 86 DEGREES 53' 04" W
294.14 FEET;_ THENCE S 85 DEGRli:ES 32' 23" W 117.60 FEET; THENCE S 78 DEGREES 29'
25" W 123~94 FEET; THENCE S 89 DEGREES 17' 47" W 118,54 FEET1 ·THENCE S 67_
DEGREES 42' 27" W 386.40 FEET; THENCE S 62 DEGREES 48' 18" W 124.67 FEET;
THENCE S 57 DEGREES 5_8• 42" W 235.29 FEET TO A POINT ON THE EASTERLY BOUNDARY
LINE OF BLUE CREEK R.ANCH RECORDED AS R.ECEJ?TION NO. 623535 IN THE Rli:CORDS OF THE
GARFIELD COUNTY CLERK AND RECORDER; THENCE ALONG THE EASTERLY BOUNDARY LINE OF
SAID BLUE.CREEK RANCH ON THE FOLLOWING THREE (3) COURSES: N 00 DEGREES 10' 37".
W 736. 64 FEET; THENCE N 89 DEGR.EES 54' 14" W .231.46 FEET; THENCE N 00 DEGREES
02' 13" W 1677.90 FEET TO THE-SOUTHWEST CORNER OF A PARCEL OF LAND DESCRl:BED l:N
BOOK 333 AT -I'AGE Sll OF THE GARl'IELD COUNT:< RECORDS; THENCE S 79 DEGR.EES 52 >
12" E-278.00 FEET MONG THE SOUTHERLY BOUNDARY LINE OF THE l?ARCEJ'.. DESCRIBED IN
SAID BOOK 333 AT PAGE 511 TO THE SOUTHEAST CORNER OF SAID I'ARCEL; THENCE N 00
DEGR.EES 02'. 13" W 156, 69 FEET ALONG THE _EASTER.LY :BOUNDARY LINE OF SAID PARCEL
TO THE POINT-OF BEGINNING.-
COUNTY OF GARFIELD
STATE OF COLORADO
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LTue printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission (ID 72-5-04) I
IF THIS FORM IS USED. IN A CONSUMER CREDIT TRANSACTION, CONSULT LEGAL COUNSEL.
THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE
CONSULTED BEFORE SIGNING.
DEED OF TRUST
(Due on Transfer -Strict)
TIIIS DEED OF TRUST is made this 31" day of August 2006 between TCI Lane Ranch, LLC (Borrower) a Colorado limited
liability company, whose address is 19351 Highway 82, Carbondale, CO 81623 and the Public Trustee of the County in which
the Property (See paragraph 1) is situated (Trustee); for the benefit of Oscar Cerise and Wilma Cerise Main Ranch Company,
L. L. L. P. a Colorado limited liability limited partnership, (Lender) whose address is 0086 Country Road 104, Carbondale,
co 81623.
Borrower and Lender covenant .and agree as follows:
1. Property in Trust. Borrower, in consideration of the indebtedness herein recited and the trust herein created,
hereby grants and conveys to Trustee in trust, with power of sale, the following described property located in the
County of Gar~eld~ State of.Colorado:
See Attached Exhibit A -Legal Description
also known as 16411 Old Highway 82. Southern Parcel. Carbondale. Colorado 81623 (Property Address).
(Street) City) (zip code)
together with all its appurtenances including the water rights described on the attached Exhibit B (Property). Granter agrees not to
take any action that will negatively affect the value of the land and the water rights for their presently decreed uses.
2. Note: Other Obligations Secured. This Deed of Trust is given to secure to Lender:
A. The repayment"of the indebtedness evidenced by Borrower's note (Note) dated August 31, 2006 in the principal sum
of Two Million ($2,000,000.00) U.S. Dollars1 with interest on the unpaid principal balance from September 1, 2006 until paid, at
the rate of 8.25 percent rate per annum, with interest only payable at 0086 Country Road 104, Carbondale, CO 81623 or such
other place as the Lender may designate, in four payments of Thirteen Thousand Seven Hundred Fifty Dollars (US. $13,750.00)
due on the last day of each month beginning September 30i 2006; such payments to continue until the entire indebtedness
evidenced by said Note is fully paid; however, if not sooner paid, the entire principal amount outstanding and accrued interest
thereon shall be due and payable on January 5, 2007,and Borrower is to pay to Lender a late charge of 5% of any payment not
received by the Lender within 5 days after payment is due; and Borrower has the right to prepay the principal amount outstanding
under said Note, in whole or in part, at any time without penalty except no prepayment shall occur until January of
2007.
B. The payment of all other sums with interest thereon: 10.00o/o for sums under paragraph 9 disbursed by Lender in
accordance with this Deed of Trust to protect the security of this Deed of Trust; and 12.00% default rate interest.
C. The performance of the covenants and agreements of Borrower herein contained.
3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property, and warrants
title to the same, subject to general real estate taxes for the current year, easements of records or in existence, and recorded
declarations, reservations and covenants, if any, as if this date and except those exceptions contained in the public record.
4. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the
indebtedness evidenced by the Note, and late charges as provided in the Note and shall perform all of Borrower's other covenants
contained in the Note.
S~ Application of Payments. All payments received by Lender under the terms hereof shall be applied by Lender
first in payment of amounts due pursuant to paragraph 23 (Escrow Funds for Taxes and Insurance), then to amounts disbursed by
Lender pursuant to paragraph 9 (Protection of Lender's Security), and the balance in accordance with the terms and conditions of the
Note.
6. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations
under any prior deed of trust and any other prior liens. Borrower shall pay all taxes, assessments and other charges, fines and
impositions attributable to the Property which may have or attain a priority over this Deed of Trust, and "leasehold payments or
ground rents, if any~ in the manner set out in paragraph 23 (Escrow Funds for Taxes and Insurance) or, if not required to be paid in
such manner. by Borrower making payment when due, directly to the payee thereof. Despite the foregoing, Borrower shall not be
required to make payments otherwise required by this Paragraph if Borrower, ·after notice to Lender. shall in good faith contest such
obligation by, or defend enforcement of such obligation in, legal proceedings which operate to prevent the enforcement of the
obligation or forfeiture of the Property or any part thereof, only upon Borrower making all such contested payments and other
~DEED OF TRUST (DUE ON TRANSFER· STRICT)
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payments as ordered by the court to the registry of the court in which such proceedings are filed.
1,. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire or hazards included within the term "extended coverage" in an amount at least equal to the lesser of (1)
the insurable value of tb.e·-Property or (2) an amount sufficient to pay the sums secured by this Deed of Trust as well as any prior
encumbrances on the Property. All of the foregoing shall be known as "Property Insurance".
The insurance carrier providing the insurance shall be qualified to write Property Insurance in Colorado and shall be
chosen by Borrower subject to Lender's right to reject the chosen carrier for reasonable cause. All insurance policies and renewals
thereof shall include a standard mortgage clause in favor of Lender, and shall provide that the insurance carrier shall notify Lender
at least ten (10) days before cancellation, termination or any material change of coverage. Insurance policies shall be furnished to
Lender at or before closing. Lender shall have the right to hold the policies and renewals thereof.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of
loss if not made promptly by Borrower.
Insurance proceeds shall be applied to restoration or repair of the Property damaged, provided said restoratio.n or repair is
economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair is not
economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be applied to the
sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if
Borrower fails to respond to Lender within 30 days from the date notice is given in accordance with paragraph 16 (Notice) by
Lender to Borrower th~t the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and
apply the insurance proceeds, at Lender's option, either to restoration or repair of the Propei:ty or to the Sums secured by this Deed of
Trust.
Any such application of proceeds to principal shall not extend or postpone. the due date of the installments referred to in
paragraphs 4 (Payment of Principal and Interest) or change the amount of such installments. Notwithstanding anything herein to
the contrary, if under paragraph 18 (Acceleration; Foreclosure; Other Remedies) the Property is acquired by Lender, all right, title
and interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property
prior to the sale or acquisition shall pass to Lender to the exterit of the sums secured by this Deed of Trust immediately prior to such
sale or acquisition.
All of the right of Borrower and Lender hereunder with respect to insurance carriers, insurance policies and insurance
proceeds are subject to the rights of any holder of a prior deed of trust with respect to said insurance carriers, policies and
proceeds.
8. Preservatinn and Maintenance of Property. Borrower shall keep the Property in good repair and shall not
commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of
Trust is on a leasehold. Borrower shall perform all of Borrower's obligations under any declarations, covenants, by~laws, rules, or
other documents governing the use, ownership or occupancy of the Property.
9. Protection of Lender's Seeurity. Except when Borrower has exercised Borrower's rights under paragraph 6 above, if
the Borrower fails to perform the covenants and agreements contained in this Deed of Tiu st, or if a default occurs in a prior lien, or if any
action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, with
notice to Borrower if required by law, may make. such appearances, .disburse such sums and take such action as is necessary to protect
Lender's interest, including, but not limited to: (a) any general or special taxes or ditch or water assessments levied or accruing against said
property; (b) the premiums on any insurance necessary to protect any improvements comprising a part of such property; (c) sums due on any
prior lien or encumbrance on such property; (d) if the property is a leasehold or is subject to a lease, all sums due under such lease; (e).
the reasonable costs and expenses of defending, protecting, and maintaining such property and Lender's interest in such property,
includlng repair and maintenance costs and expenses, costs and expenses of protecting and securing the property,.receiver's fees and
expenses, inspection fees, appraisal fees, court costs, attorney fees and costs, and fees and costs of an attorney in the employment of the
Lender or holder of the certificate of purchase, (t) all other costs and expenses allowable by the evidence of debt or this deed of trust, and
(g) such other costs and expenses which may be authorized by a court of competent jurisdiction. Borrower hereby assigns to Lender
any right Borrower may have by reason of any prior encumbrance on the Property or by law or otherwise to cure any default under said
prior encumbrance.
An}' amounts disbursed by Lender pursuant to this paragraph 9, with interest thereon, shall become additional
indebtedness of Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to borrower
requesting payment thereof, and Lender may bring suit to collect any amounts so disbursed plus interest specified in paragraph
2B (Note; Other Obligations Secured). Nothing contained in this paragraph 9 shall require Lender to incur any expense or take
any action hereunder.
10. Inspection. Lender may make or cause to be m~e reasonable. ent.ries upon and inspection of the Property,
provided that Lendet shall give Borro.Wer notice prior to any Such inspection specifying reasonable ·cause -therefor related to
Lender's interest in the Property,
lL Condemnation. The proceeds of any award or claim for damages, direct or consequential,.in connection with
any condemnation or other taking of the Property, or part thereof, or for cOnveyance in lieu of condemnation, are hereby assigned
and shall be paid to Lender as herein provided. However, all of the rights of Borrower and Lender hereunder with respect to such
proceeds are sribject to the rights of any holder of a prior deed of trust.
In the event of a total taking of the Property. the proceeds shall be applied to the sums secured by this Deed of Trust, with
the excess, if any, paid to Borrower. In the event of a partial taking of the Property, the proceeds remaining after taking out any part
of the award due any prior lien holder (net award) shall be divided between Lender and Borrower, in the same ratio as the amount
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of the sums secured by this Deed of Trust immediately prior to the date of taking bears to Borrower's equity in the Property
immediately prior to the date of taking. Borrower1s equity in the Property means the fair market value of the Property less the
amount of sums secured by both this Deed of Trust and all prior liens (except taxes) that are to receive any of the award, all at the
value immediately prior to the date of taking.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemner offers to make an
award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is given, Lender
is authorized to collect and apply the proceeds, at Lender1s option, either to restoration or repair of the Property or to the sums
secured by this Deed of Trust.
Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in
paragraphs 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) nor change the amount of such.
installments.
12. Borrower not Released. Extension of the time for payment or modification of amortization of the sums secured
by this Deed of Tfust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the
liability of the original Borrower, nor Borrower's successors in interest, from the original terms of this Deed of Trust. Lender shall
not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify
amortization of the· sums secured by this Deed of Trust by reason of any demand made by the original borrower nor Borrower's
successors in interest. · ·
13.. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy
hereunder, or otherwise affoz:ded by law, shall ilot be a waiver or preclude the exercise of any such right or remedy.
14. Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is distinct from and cumulative
to all other :r:ights or remedies under the Note and this Deed of Trust or afforded by law· or equity, and may be exercised
concurrently, independently or successively.
15. Successors and Assigns Bound; Joint and Several Liability1 Captions. The covenants and agreements herein
contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject
to the provisions of paragraph 24 (Transfer of the Property; Assumption). All covenants and agreements of Borrower shall be joint
and several. The captions and headings of the paragraphs in this Deed of Trust are for convenience only and are not to be used to
interpret or define the provisions hereof.
16. Notice. Except for atly notice required by law to be given in another manner, (a) any notice to Borrower
provided for in this Deed of Trust shall be in writing and shall be given and be effective upon (!) delivery to Borrower or (2)
mailing such notice by first-class U.S. mail, addressed to Borrower at Borrower's address stated herein or at such other address as
Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be in writing and shall be given
and be effective upon (1) delivery to Lender or (2) mailing such notice by first-class U.S. mail, to Lender1s address stated herein or
to such other address as Lender may designate by notice to BOrrower as provided herein. Any notice provided for in this Deed of
Trust shall be deemed to have been given to Borrower or Lender when given in any manner designated herein.
11: Governing Law; Severability. The Note and this Deed of Trust shall be governed by the la"{ of Colorado. Jn the event
that any provision or clause of this Deed of Trust or the Note conflicts with the law, such conflict shall not affect other provisions of
this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust
and Note are declared to be severable.
18. Acceleration; Foreclosure; Other Remedies. Except as provided in paragraph 24 (Transfer of the Property;
Assumption), upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, or upon any default in a prior lien
upon the Property, (unless Borrower has exercised Borrower's rights under paragraph 6 above), at Lender's option, all of the sums secured by
this Deed of Trust shall be immediately due and payable (Acceleration). To exercise this option, Lender may invoke the power of sale and any
other remedies permitted by law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies
provided in this Deed of Trust, including, but not limited to, reasonable attorney's fees.
If Lender invokes the power of sale, Lender shall give written notice to trustee of such election. Trustee shall give such
notice to Borrower of Borrower's rights as is provided by law. Trustee shall record a copy of such notice as required by law·.
Trustee shall advertise the time and place of the sale of the Property. for not less than four weeks in a newspaper of general
circulation in C:ach county in which the Property is situated, and shall mail copies of such notice of sale to Borrower and other
persons as prescribed by law. After the lapse of such time as may be required by law. Trustee, without demand on Borrower, shall
sell the Property at public auction to the highest bidder for cash at the time and place (which may be on tl1e Property or any part
thereof as permitted by la'ij) in.one or more parcel as Trustee may think best and in such order as Trustee may determine. Lender or
Lender's designee may purchase the Property at any sale. It shall not be obligatory upon the purchaser at any such sale ·to ·see to the
application of the purchase money.
Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale.
including, but ri.ot limited to, reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by this
Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto.
19. Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due
hereunder, the owners of the Prope1ty or parties liable hereon shall be entitled to cure said defaults by paying all delinquent
principal and interest payments due as of the date of cure, costs, expenses, late charges, attorney's fees and other fees all in the
manner provided by law. Upon such payment, this Deed of Trust and the obligations secured hereby shall remain in full force and
effect as though no Acceleration had occurred, and the foreclosure proceedings shall be discontinued.
20. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder,
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Borrower hereby assigned to Lender the rents of the Property; however, ·Borrower shall, prior to Acceleration under paragraph 18
(Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, have the right to collect and retain such rents as they
become due and payable.
Lender or the holder of the Trustee 1s certificate of purchase shall be entitled to a receiver for the Property after
Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies). and shall also be so entitled during the time covered
by foreclosure proceedings and the period of redemption, if any; and shall be entitled thereto as a matter of right without regard to the
solvency or insolvency of Borrower or of the then owner of the Property, and without regard to ihe value thereof. Such :teceiver
may be appointed by any Court of competent jurisdiction upon ex parte application and without notice-notice being hereby expressly
waived.
Upon Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property,
Lender, in person, by agent or by judicially-appointed receiver, shall be entitled to enter upon, take possession of and manage the
Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be
applied, first 1 to payment of the costs of preservation and management of the Property, second, to payments due upon prior liens, and
then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually
received.
21. Release. Upon payment of all sums secured by this Deed of Trust, Lender shall cause Trustee to release this
Deed of Trust and shall produce for Trustee the Note. Borrower shall pay all costs of recordation and shall pay the statutory
Trustee's fees. If Lender shall not produce the Note as aforesaid, then Lender, upon notice in accordance with paragraph 16
(Notice) from Borrower to Lender, shall obtain, at Lender's expense, and file any lost instrument bond required by Trustee or pay the
cost thereof to effect the release of this Deed of Trust.
22. Waiver of Exemptions. Borrower hereby waives all right of homestead and any other exemption in the Property under
state or federal law presently existing or hereafter enacted.
23. deleted.
24. Transfer of the Property; Assumption. The following events shall be referred to herein as a "Transfer": (i) a
transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof or interest therein),
(ii) the execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Property (or any
part thereof or interest therein), (iii) or an agreement granting a possessory right in the Property (or any portion thereof), in excess
of three (3) years, (iv) a sale or transfer of, or the execution of a contract or agreement creating a right to acquire or receive, more
than fifty percent (50%) of the controlling interest or more than fifty percent (50%) of the beneficial interest in the Borrower, (v) the
reorganization, liquidation or dissolution of the Borrower. Not to be included as a Transfer are (i) the creation of a lien or
encumbrance subordinate to this Deed of Trust, (ii) the creation of a purchase money security interest for household appliances, or
(iii) a transfer by devise, descent or by operation of the law upon the death of a joint tenant. At the election of Lender, in the event
of each and every Transfer:
(a) All sums secured by this Deed of Trust shall become immediately due and payable (Acceleration).
(b) If a Transfer occurs and should Lender not exercise Lender's. option pursuant to this paragraph 24 to Accelerate,
Transferee shall be deemed to have assumed all of the obligations of Borrower under this Deed of Trust including all sums secured
hereby whether or not,the instrument evidencing such conveyance, contract or grant expressly so provides. This covenant shall run
with the Property and remain in full force and effect until said sums are paid in full. The Lender may without notice to the Borrower
deal with Transferee in the same manner as with the Borrower with reference to said sums including the payment or credit to
Transferee of undisbursed reserve Funds on payment in full of said sums, without in any way altering or discharging the Borrower's
liability hereunder for the obligations hereby secured.
(c) Should Lender not elect to Accelerate upon the occurrence of such Transfer then, subject to (b) above, the mere fact
of a lapse of time or the acceptance of payment subsequent to any of such events, whether or not Lender had actual or constructive
notice of such Transfer, shall not be deemed a waiver of Lender1s right to make such election nor shall Lender be estopped
therefrom by virtue thereof. The issuance on behalf of the Lender of a routine statement showing the status of the loan, whether or
not Lender had actual or constructive notice of such Transfer, .shall not be a waiver or estoppel of Lender's said rights.
25. Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and this Deed of Trust.
EXECUTED BY BORROWER.
TC! Lane Ranch LLC,
BY: Andrew N. Lane its Member
By La?e Industries Inc. its
li'Y1 .
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705847 09/01/2006 11:44A 61838 P346 M ALSDORF
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Borrower hereby assigned to Lender the rents of the Property; hoWever, Borrower shall. prior to Acceleration under paragraph 18
(Acceleration; Foreclosure; Other Remedies) or abandonment of the Property., have the right to collect and retain such rents as they
become due and payable.
Lender or the holder of the Trust~1 s certificate of purchase Shall be entitled to a receiver for the Property after
Acceleration under paragraph 18 (Acceleration; Foreclosure; Other-Remedies), and shall also be so entitl~d during the time covered
by foreclosure proceedings and; the period of redemption, if any; and shall be entitled thereto as a matter of right without regard to the
solvency or insolvency of Borrower or of the then owner of the Property, and without regard to the value thereof. Such receiver
may be appointed by any Court of competent jurisdiction upon ex parte application and without notice-notice being hereby expressly
waived.
Upon Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Re1nedies) or abandonment of the Property,
Lender, in person, by agerit or by judicially-appointed receiver, shall be entHled to enter upon, take possession of and manage the
Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be
applied, first, to payment of the costs of preservation and management of the Property, second1 to payments due upon prior liens. and
then to the su1ns secured by this Deed of Trust. Lender and the receiver shall be liable to accollnt only for those rents actually
received.
21. Release. Upon payment of all sums secured by this Deed of Trust, Lender shall cause Trustee to release this
Deed of Trust and shaJJ produce for Trustee the Note. Borrower shall pay all costs of recordation and shall pay the statutory
Trustee's fees. lf Lender shaII not produce the Note as aforesaid, then Lender. upon notice in accordance with paragraph 16
(Notice) from Borrower to Lender, shal1 obtain, at Lendees expense. and file any lost instrument bond required by Tntstee or pay the
cost thereof to effect the release of this Deed of Trust.
22. Waiver· of Exeniptions. Borrower hereby waives all right of homestead and any other exemption ln the Property under
state or federa1 Jaw presently existing or hereafter enacted. ·
23. deleted.
24. Transfer of the Property; Assumption. The following events shall be referred to herein as a "Transfer": (i) a
transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof or interest therein),
(ii) the execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Property (or any
part thereof or interest therein), (iii) or an agreement granting a possessory right in the Property (or any portion thereof), in excess
of three (3) years, (iv) a sale or transfer of, or the execution of a contract or agreement creating a right to acquire or receive1 more
than fifty percent (50%) of the controlling interest or more than fifty percent (50%) of the beneficial interest-in the Borrower, (v) the
reorganization. liquidation or dissolution of the Borrower. Not to be included as a Transfer are (i) the creation of a lien or
encumbrance subordinate to this Deed of Trust, (ii) the creation of a purchase money security interest for household appliances, or
(iii) a transfer by devise, descent or by operation of the law upon the death of a joint tenant. At the election of Lender, in the event
of each and every Transfer:
(a) All sums secured by this Deed of Trust shall become immediately due and payable (Acceleration).
(b) If a Transfer occurs and should Lender not exercise Lender's option pursuant to this paragraph 24 to Accelerate,
Transferee shall be deemed to have assumed all of the obligations of Borrower under this Deed of Tn1st including all sutns secured
hereby whether or not the instru1nent evidencing such conveyance, contract or grant expressly so provides. This covenant shall ntn
with the Property and remain in full force and effect until said sums are paid in full. The Lender may without notice to the Borrower
deal with Transferee in the same manner as with the Bol'rower with reference to said sums including the payment or credit to
Transferee of undisbursed reserve Funds on payment in full of said sums, without in any way altering or discharging the Borrower1s
I iability hereunder for the obligations hereby secured.
(c) Should Lender not elect to Accelerate upon the occurrence of such Transfer then, subject to (b) above, the mere fact
of a lapse of time or the acceptance of pay1nent subsequent to any of such events, whether or not Lender had actual or constructive
notice of such Transfer, shall not be deemed a waiver of Lender's right to make such election nor shall Lender be estopped
therefrom by virtue thereof. The issuance on behalf of the Lender of a routine statement shoWing the status of the loan, whether or
not Lender had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Lender's said rights.
25. Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and this Deed of Trust.
EXECUTED BY BORROWER.
TCI Lane Ranch LLC,
-------~----------------
By: Andrew N. Lane its Member
By Lane Industries Inc. its Member
By William M. Keating, Vice President
TD 72-5--04 DEED OF TRUST (DUE ON TRANSFER· STRICT) Page4of5
STATE OF COLORADO.
COUNTY OF GARFIELD
)
)
)
The foregoing instrument was acknowledged before me this __ day of August 2006, by Andrew N. Lane as
Member of TC! LANE RANCH, LLC.
Witness my hand and official seal.
My commission expires: ______ _
Notary Public
Address
STATE OF ILLINOIS )
)
COUNTY OF (OOf'\ )
The foregoing instrument was acknowledged before me this 3o+Jiday of Augiist 2006, by Williaci'!<eating Vice President as
Lane Industries, Inc; Member of TC! LANE RANCH, LLC.
Witness my hand and official seal.
My commission expires: // · I 't · 0 7
Address
TD 72-5-04 DEED OF TRUST (DUE ON TRANSFER· STRICT)
OfllclalSMI
Gino-Smith
Nota1y Public S. d llllnOfs
M, C<>mmillion ~ , 1/19/07
Pages ofS
STATE OF COLORADO
COUNTY OF GARFIELD
)
)
)
The foregoing instrument was acknowledged before me this ~day of August 2006, by Andrew N. Lane as
Member of TC! LANE RANCH, LLC.
Witness my hand and official seal} vb
My commission expires: S J j
I
STATE OF ILLINOIS
COUNTY OF ______ _
)
)
)
Address
The foregoing instrument was acknoWledged before me this ___ day of August 2006, by William M. Keating Vice President as
Lane Industries, Inc; Member of TC! LANE RANCH, LLC.
Witness my hand and official seal.
My com1nission expires: ___ ·----
Notary Public
Address
TD 72-5·04 DEED OF TRUST (DUE ON TRANSFER· STRICT) Page 5 of 5
'1, , ..•. . h
EXHIBIT A
A TRACT OF LAND SITUATED IN LOTS 8, 9 AND 10 OF SECTION 31 AND IN LOTS 5 AND 13
Op SECTION 32, ALL IN TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL
MERIDIAN, GARFIELD COUNTY, COLORADO, LYING SOUTHERLY OF AND ADJACENT TO THE
SOUTHERLY RIGHT OF WAY LINE OF OLD STATE HIGHWAY 82 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON SAID SOUTHERLY RIGHT OF WAY LINE WHENCE A STONE FOUND
IN PLACE.FOR THE WITNESS CORNER TO THE NORTHEAST CORNER OF SAID SECTION BEARS
N 26 DEGREES.00'. 43" E 1433.52 FEET; THENCE S.79 DEGREES 58' 52" E 2125.37
FEET ALONG SAID SOUTHERLY RIGHT OP WAY LINE TO THE NORTHWEST CORNER OF A
PARCEL OF LAND DESCRIBED IN BOOK 1013 AT PAGE 423 OF THE.RECORDS OF THE
GARFIELD COUNTY CLERK AND RECORDER; THENCE· ALONG THE WESTERLY BOUNDARY LINE OF .
SAID PARCEL ON Tl!E .FOLLOWING TWO (2) COURSES; S 04 DEGREES 55' 00" W 461.90
FEET; THENCE s 01 DEGREES oo• 00" E 861.25 FEET TO A POINT ON THE NORTHERLY
RIGHT OF WAY LINE OF. THE ROARING. FOR; TRANSIT AUTHORITY RAILROAD RIGHT OF WAY;
THENCE 159;57 FEET ALONG SAID NORTHERLY RAILROAD RIGHT OF WAY LINE ON THE ARC
OF A 1565.69 FOOT RADIUS.CURVE TO THE LEFT, THE Cl!ORD OF WHICH BEARS S 54
DEGREES 32' 43" W 169.49 FEET TO A l'OINT ON THE SOUTHERLY BOUNDARY LINE OF SAID
LOX 13; THENCE N 89 DEGREES 54' 14° W 651.37 FEET ALONG :!'HE SOUTHERLY BOUNDARY
LINE OP SAID LOT 13 TO THE NORX!IEAST CORNER OF SAID LOX 101 :!'HENCE S 00 DEGREES
10' 37 11 E 354.80 FEET ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT 10 XO A
POINX :IN THE. CENTER OF THE ROARING FORK RIVER1 THENCE ALONG THE CENTER OF SAID
ROARING FORK RIVER ON THE FOLLOWING SEVEN (7) COURSES: S 86 DEGREES 53' 04" W
294.14 FEET;. THENCE S 85 DEGREES 32' 23" W 117.60 FEET; Tl!ENCE S 78 DEGREES 29'
25" W 123~94 FEET; T:!!li:NCE S 89 DEGREES 17' 47" W 118.54 FEET; •THENCE S 67
DEGREES <l2' 27" W 386.40 FEET; Tl!ENCE S 62 DEGREES 48' 18" W 124.67 FEET;
THENCE S 51 DEGREES 5.8' 42" W 235.29 FEET TO A POINT ON THE EASTERLY BOUNDARY
LINE OF BLUE CREEK RANCH RECORDED AS RECEPTION NO. 623535 IN THE RECORDS OF THE
GARFIELD COUNTY CLERK AND RECORDER; THENCE ALONG THE EASTERLY BOUNDARY LINE OF
SAID BLUE, CREEK RANCll ON XHE FOLLOWING THREE . (3) COURSES: N 00 DEGREES 10' 3 7 11
W 736.64 PEET; Tl!ENCE N 89 DEGREES 54' 14" W 231.46 FEET; THENCE N 00 DEGREES
02' 13" W 1677.90 FEET TO THE.SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN
BOOK 333 AX.PAGE 511 OF Tl!E GARFIELD COUNTY RECORDS; :!'HENCES 79 DEGREES 52'
12" E. 278.00 FEET MONG TllE SOUTHERLY BOUNDARY LINE OF THE PARCEL DESCRIBED IN
SAID BOOK 333 AT !?AGE. 511 TO XHE SOUTHEAST CORNER OF SAID PARCEL; THENCE N 00
DEGREES 02'.13" W 156.69 FEET ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL
TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
EXHIBllTB . WATER RIGHTS
APPURTENANT IRRIGATION WATER RIGHTS
All of Grantor's one-half (;1) interest in 1.5 cubic feet of water per second of tin1e (hereinafter "cfs 11
)1
absolute by original construction, decreed for diversion. of Water fronl t11e Roaring Fork Rtver in t11e Lo\:ver
Ditch, Priority No. 23, said .one-half (V2) interest being 0. 7 5 cfs for irrigation use with an appropriation date
of April 15, 1882.
44.5% of Grantor's one-seventh (';,) interest in the 5.0 cfs, absolute by original construction, decreed for
the diversion of water from the Roaring Fork River in the Basin Ditch, Priority No. 49, said 44.5% of a
one-seventh (1;7) interest being 0.318 cfs, for irrigation use with an appropriation date of October 20, 1882.
All of Grantor's one-third (1(J) interest in the 5.0 cfs, absolure by original construction, decreed for the
diversi011 of water from the Roaring Fork River in the Middle Ditch, Priority No. 83, said one-third (1;,)
interest being L67cfs, for irrigation use with an appropriation date of April 17, 1884.
44.5% of Grantor's one-seventh (1;,) interest in the 5.0 cfs, absolute by enlargement, decreed for the
diveJ:Sion of water .from the Roaring Fork River in the Basin Ditch, First Enlargement, Priority No. 1081
said 44.5% of a one-.eve11th (1;,) interest being 0.318 cfs, for irrigation use with an appropriation date of
March 2 7, 1885 ..
44.5% of Grantor's one-seventh (1;,} interest in the 1.8 cfs, absolute by second enlargement, decreed for the
diVersion of water from the Roaring Fork River in the Basin Ditd1, Ryan Enlargement, Priority No. 13 7,
· said 44.5% .of a one~sevei1th (1;7) interest beh1g 0.114 cfs, for irrigation use with an appropriation date of
March 25, 1886.
44 . .?% of Grantor1s one-sevep.th (1/1) interest h1 the 33.2 cfs, absolute. decreed for the diversion of water
fron1 the Roaring Fork River in the Basin Ditch, Third Enlargement, Priority No. 294, said 44.5% of a one ..
seventh (1;7) interest being 2.11 cfs, for irrigation use \Vith an appropriation date of March 11 1890 .
. .. APPURTENANT LIVESTOCK WATERING RIGHT
All of Grantor's one-half (\.1) interest in 3.0 cfs, absolute, decreed for the diversion of water from Blue
Creek in the c; C. Cerise -Gilligan Ditch, with an associated consumptive use of 0.033 cfs pursuant to the
final decree entered by rhe District Court, Water Division No. 5, State of Colorado on August 31, 1992 in
Case No. 90CW196, said one-half (l-1) interest being L5 cfs, for livesr.ock watering use with an
appropriation date of February 20, 1988.
EXHIBITB
Page I of2
EXHIBITB-WATER RIGHTS
APPURTENANT DOMESTIC UNDERGROUND WATER RIGHT§
Grantor's entire interest in 0.033 cfs, absolute, for the diversion of tributary groundv.•ater at the Oscar
Cerise Well No. 1 for domestic purposes pursuanc to the final decree entered by the District Court, Water
Division No. 5, Stare of Colorado on January 5, 1973 in Case No. W-890, with an approp1-iation date of
July 28, 1969. -
Grantor's entire interest in 0.033 cfs, absolute, decreed for the diversion of tributary ground .. vater. at the
Oscar Cerise Well No. 2 for domestic purposes pursuant to the final decree entered by the District Court,
Water Division No. 5, State of Colorado on January 5, 1973 in Case No. W-890, with. an appropriation
date of May 22, 196?.. --
Gral1tor's entire interest in 0.033 cfs, absolute, decreed for the diversion of tributmy groundwater at the
Oscar Cerise Well No. 3 for domestic purposes pursuant to the final decree entered by the District Court,
Water Division No. 5, State of Colorado on January 5, 1973 in Case No. W-890, "1th an appropriation
elate ofDecei:nber 31, 1883.
Gran.tor~s entire interest in 0.033 ctS 1 absolute, decreed for the diversion of tributary groundwater at the
Osi;ar Cerise Well No. 4 for-domestic purpos.,;, pursuant· to the final decree entered by the District Court,
Water Division No. 5, State of Colorado on January s; 1973 in Case No. W·890, with an appropriation
date of December 31, 1884.
EXHIBITB
Page2 of2
.1111111111111111111 111111111111111111111111111111111111
705846 09/01/2006 11:44R 81838 P337 M RLSDORF
1 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO
QUIT ClAIM DEED FOR WATER RIGHTS
THIS DEED made this 31" day of August, 2006, between the Oscar Cerise and Wilma Cerise Main Ranch
Company, LL.LP., a Colorado registered limited liability limited partnership, whose address is 0086
County Road 104, Carbondale, Colorado 81623 (hereinafter, "Grantor"), and TC! Lane Ranch, LLC, a
Colorado limited liability company, whose principal business address is 19351 Highway 82, Carbondale,
CO 81623 (hereinafter, "Grantee"};
WlTNESSETH,
THAT GRANTOR, for and in considerntion of Ten and no/100 Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released,
sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT
CLAIM unto the Grantee, its successors, transferees and assigns, \Vithout warranty, all the right, title,
interest, claim and demand which Granter has in and to the Appurtenant Water Rights that have become
appurtenant to the parcel of land described in Exhibit A attached hereto and incorporated herein by this
reference, by historical beneficial use for irrigation, stock watering and domestic purposes, which
Appurtenant Water Rights are listed and described in Exhibit B, attached hereto and incorporated herein
by this reference.
TO HA VE AND TO HOLD the same, together with a!l structure rights associated with the Appurtenant
Water Rights, rights-of-way for inspection, operation, maintenance, repair and replacement of all ditch
structures associated with the Appurtenant Water Rights, and all and the singular the appurtenances and
privileges thereto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and
claim whatsoever of the Grantor either in law or in equity, to the only proper use, benefit and behoof of the
Grantee, its successors, transferees and assigns forever.
IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above.
Quit Clainl. Deed for Water Rights
Page No. 1 of2
GRANTOR
Oscar Cerise and Wilma Cerise Main Ranch Company, LL.LP.
Sl'i
i1? I 1
:!::>
l llllll lllll lllllll llll 11111111111111111111111111111111
705846 09/01/2006 11:44A B1838 P338 M ALSDORF
2 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
Acknowledged, subscribed and sworn to before me this 31" day of August 2006, by Clifford 0. Cerise,
General Partner, Oscar Cerise and Wilma Cerise Main Ranch Company, L.L.L.P.
Witness my hand and official seal.
My commission expires --~5~/~J~?-/..,..~{'J~·..,1~-
Quit Claim Deed for Water Rights
Page No. 2 of 2
Notarf Public
C,a.e1
1111111111111111111111111111111111111111111111111111111
705846 09/01/2006 11:44A 81838 P339 M ALSDORF
3 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT A to QUIT CLAIM DEED FOR WATER RIGHTS
LEGAL DESCRIP-TION
A TRACT OF LAND SITUATED IN LOTS 8. 9 AND 10 OF SECTION 31 AND IN
LOTS 5 AND 13 OF SECTION 32. ALL IN. TOWNSHIP 7 SOUTH. RANGE 87
WEST OF THE 6th PRINCIPAL MERIDIAN. GARFIELD COUNTY. COLORADO.
LYING SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY RIGHT-OF-
WAY LINE OF OLD STATE HIGHWAY NO. 82 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON SAID SOUTHERLY RIGHT-OF-WAY LINE
WHENCE A STONE FOUND IN PLACE FOR THE WITNESS CORNER TO THE
·~0 ~J!"'5g~i3~~R~~~3~~2s~~~T~Ef~~2~E 3 ~ ~~t'~~·srE ·2125.37 FEET
ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER
PARCEL OF LAND DESCRIBED IN BOOK 1013 AT PAGE·423 OF THE
RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER: THENCE
ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL ON THE FOLLOWING TWO (2) COURSES: S 04•55·00-w 461;90 FEET: THENCE
s 01•oo·oo·E 861.25 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY
LINE OF THE ROARING FORK TRANSIT AUTHORITY.RAILROAD RIGHT-OF-
WAY: THENCE 169.57 FEET ALONG SAID NORTHERLY RAILROAD RIGHT-
OF-WAY LINE ON THE ARC OF A 1565.69 FOOT RADIUS CURVE TO THE
LEFT. THE CHORD OF WHICH SEARS S 54"32'43"W 169.49.FEET TO A
POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID LOT 13: THENCE
N 89°54' 14·w 651.37 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF
SAID LOT 13 TO THE NORTHEAST CORNER OF SAID LOT 10: THENCE
s oo• 10'37"E 354.80 FEET ALONG THE EASTERLY BOUNDARY LINE OF SAID
LOT I 0 TO A PO I NT" IN THE CENTER OF THE ROAR I NG FORK RI VER:
THENCE ALONG THE CENTER OF SAID ROARING-FORK RIVER ON THE
FOLLOWING SEY.EN 171 COURSES: S 86°53 04 W 294.14 FEET: THENCE
s 85"32'23"W 117.60 FEET: THENCE s 7s•29·2s·w 123.94 FEET: THENCE
S 89°17'47"W 118.54 FEET: THENCE S 67"42'27"W 386.40 FEET: THENCE
S 62°48'18"W 124.67 FEET: THENCE S 57°58'42"W 235.29 FEET TO A POINT
ON THE EASTERLY BOUNDARY LINE OF BLUE CREEK RANCH RECORDED
AS RECEPTION NO. 623535 IN THE RECORDS OF THE GARFIELD COUNTY
CLERK AND RECORDER: THENCE ALONG THE EASTERLY BOUNDARY
LINE OF SAID BLUE CREEK RANCH ON THE FOLLOWING THREE 131
COURSES: N oo· 10·37·w 736.64 FEET: THENCE N B9•s4 14 w 231.46 FEET:
THENCE N 00•02 13 W 1677.90 FEET TO THE SOUTHWEST CORNER OF A
PARCEL OF LAND DESCR l BED IN BOOK 333 AT PAGE 5 I I OF THE
GARFIELD COUNTY RECORDS: THENCE S 79•52·12·E 278.00 FEE~ ALONG
THE SOUTHERLY BOUNDARY LINE OF THE PARCEL DESCRIBED IN SAID
BOOK 333 AT PAGE 511 TO THE SOUTHEAST CORNER OF SAID PARCEL:
THENCE N 00•02·13·w 156.69 FEET ALONG THE EASTERLY BOUNDARY
LINE OF SAID PARCEL TO THE POINT OF BEGINNING. CONTAINING 100.52
ACRES MORE OR LESS.
Exhibit A
11111111111111111111111111111111111111111111111 llll llll
705846 09/01/2006 11:44A 81838 P340 M ALSDORF
4 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT B to QUIT CLAIM DEED FOR WATER RIGHTS
APPURTENANT IRRIGATION WATER RIGHTS
All of Grantor's one-half (1h) interest in 1.5 cubic feet of water per second of time (hereinafter "cfs"),
absolute by original constmction, decreed for diversion of water from the Roaring Fork River in the Lower
Ditch, Priority No. 23, said one~half (Yz) interest being 0. 7 5 cfs for irrigation use with an appropriation date
of April 15, 1882.
44.5% ~f Gr;nt~;'s on~~~vei{th-(i/7) i~re!eSt ·in--the 5~b cfs, absOlUre by· Oriiii13J coTISrrUcilon, ·decreed-f6r
the diversion of water from the Roaring Fork River in the Basin Ditch. Priority No. 49, said 44.5% of a
one-seventh (t;7) interest being 0.318 cfs, for irrigation use \Vith an appropriation date of October 20, 1882.
All of Grantor's one-third (1;,) interest in the 5.0 cfs, absolute by original construction, decreed for the
diversion of water from the Roaring Fork River in the Middle Ditch, Priority No. 83, said one-third (1;,)
interest being l.67cfs, for irrigation use with an appropriation date of April 17, 1884.
44.5% of Grantor's one-seventh (';,) interest in the 5.0 cfs, absolute by enlargement, decreed for the
diversion of water from the Roaring Fork River in the Basin Ditch, First Enlargement, Priority No. 108,
said 44.5% of a one-seventh (111) interest being 0.318 cfs, for irrigation use 'A.rith an appropriation date of
March 27, 1885.
44.5% of Grantor's one-seventh(';,) interest in the 1.8 cfs, absolute by second enlargement, decreed for the
diversion of water from the Roaring Fork River in the Basin Ditch, Ryan Enlargement, Priority No. 137,
said 44.5% of a one~seventh (1/i) interest being 0.114 cfs, for irrigation use with an appropriation date of
March 25, 1886.
44.5% of Grantor's one-seventh (1;,) interest in the 33.2 cfs, absolute, decreed for the diversion of water
from the Roaring Fork River in the Basin Ditch, Third Enlargement, Priority No. 294, said 44.5% of a one-
seventh (11,) interest being 2.11 cfs, for irrigation use with an appropriation date of March 1, 1890.
APPURTENANT LIVESTOCK WATERING RIGHT
All of Grantor's one-half (Yz) interest in 3.0 cfs, absolute, decreed for the diversion of water from Blue
Creek in the C. C. Cerise -Gilligan Ditch, with an associated consumptive use of 0.033 cfs pursuant to the
final decree entered by the District Court, Water Division No. 5, State of Colorado on August 31, 1992 in
Case No. 90CW196, said one-half (Yz) interest being 1.5 cfs, for livestock watering use with an
appropriation date of February 20, 1988.
EXHIBITB
Page 1 of2
[j;.01(3.i
. --------------._
J llllll 111111111111111111111111111111111111111111111111
705846 09/01/2006 11:44A 81838 P341 M ALSDORF
5 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO
EXIDBIT B to QUIT CLAIM DEED FOR WATER RIGHTS
APPURTENANT DOMESTIC UNDERGROUND WATER RIGHTS
Grantor's entire interest in 0.033 cfs, absolute, for the diversion of tributary groundwater at the Oscar
Cerise Well No. 1 for domestic purposes pursuant to the final decree entered by the District Court, Water
Division No. 5, State of Colorado on January 5, 1973 in Case No. W-890, with an appropriation date of
----July.28,1969._ _______ ··----··----· ·--· ___ _
Granter~ s entire interest in 0.033 cfs, absolute, decreed for the diversion of tributary groundwater at the
Oscar Cerise Well No. 2 for domestic purposes pursuant to the final decree entered by the District Court,
Water Division No. 5, State of Colorado on January 5, 1973 in Case No. W-890, with an appropriation
date of May 22, 1962.
Grantor's entire interest in 0.033 cfs, absolute, decreed for the diversion of tributary groundwater at the
Oscar Cerise Well No. 3 for domestic purposes pursuant to the final decree entered by the District Court,
Water Division No. 5, State of Colorado on January 5, 1973 in Case No. W-890, with an appropriation
date of December 31, 1883.
Grantor's entire interest in 0.033 cfs, absolute, decreed for the diversion of tributary groundwater at the
Oscar Cerise Well No. 4 for domestic purposes pursuant ro the final decree entered by the District Court,
Water Division No. 5, Stare of Colorado on January 5, 1973 in Case No. W-890, with an appropriation
date of December 31, 1884.
EXIDBITB
Page2of2
(3 .0/6;
I~ Yeh and Associates, Inc.
Consulting Engineers & Scientists
February 27, 2007
Mr. Dave Marrs
Geronimo Ventures
c/o Louis Wilsher
Noble Design Studio
19351 Highway 82
Carbondale, Colorado 81650
Project No. 27-038
Subject: Radiation Survey, 16411 Old Highway 82, Garfield County, Colorado
Dear Mr. Marrs,
This report presents the results of Yeh and Associates, Inc. radiation survey for the
subject site. The evaluation is intended to provide a cursory assessment of the background
radiation levels for this property. Our evaluation was conducted in accordance with our
proposal dated January 30, 2007. This investigation consisted of field reconnaissance and on-
site monitoring.
Investigation and Site Conditions
The parcel is located at 16411 Old Highway 82, Garfield County, Colorado, just east of
Catherine's Store and approximately three miles west of El Jebel (Figure 1 ). The parcel is
planned for single-family residential development. The site is a ranch with four houses and
several outbuildings and at the time of our investigation was being used as pasture for horses
and cattle. The topography of the site is gently to moderately sloping to the south/southwest
with grades of 5 to 10 percent. The property contains several drainages and irrigation ditches.
The vegetation is native grasses, shrubs and trees.
A gamma radiation survey was conducted on the property on February 22, 2007.
Approximate monitoring points and radiation readings are shown on Figure 1. Gamma radiation
measurements were taken on an approximate 500-foot grid using a Ludlum Model 19 Micro R
Meter. Readings were taken within 3 feet of the ground surface and at ground surface at grid
points. The meter was left on during the traverse of the grid to scan along the gridlines. The 33
readings taken on the property ranged from 8 to 16 micro-roentgens per hour (µR/hr) using a
range selector of 25 µR/hr. The readings averaged 11 µR/hr.
Geotechnical Considerations
We believe the site is relatively favorable for the planned development. Based on our
site observations, shallow groundwater could be encountered in the southern portion of the site
adjacent to the Roaring Fork River. Shallow groundwater may preclude basement construction
or dewatering systems may be required.
Conclusions
Based on our experience and on our investigation, these background readings are
typical in this area and we believe mitigation of naturally occurring radioactive material (NORM)
5700 East Evans Avenue, Denver, CO 80222
170 Mel Ray Road, Glenwood Springs, CO 81601
570 Turner Drive, Suite D, Durango, CO 81303
16411 Old Highway 82
Garfield County, Colorado
Project No. 27-038
should not be required in the project area. However, areas of deep excavation may encounter
materials with elevated levels of NORM.
Additionally, in Colorado buildup of radon gas in unacceptable levels often occurs in
residential structures that are sealed to minimize air exchange. Passive and active mitigation
procedures are commonly employed in this region to effectively reduce the buildup of radon
gas. While we suspect radon gas will not present a significant hazard at this site, if the
occurrence of radon is of concern to the owner, we recommend a dwelling be tested and
monitored after construction and commonly utilized techniques employed to reduce the risk.
Build-up of radon gas can usually be mitigated by providing frequent exchange of air within the
structure and sealing joints and cracks adjacent to the subsoils. More information is available at
http://www.epa.gov/iaq/radon/construc.html.
Limitations
This report was prepared in accordance with generally accepted engineering practices in
this area for use by the client for preliminary planning purposes. The preliminary conclusions
and recommendations submitted in this report are based upon data obtained from the
observations and measurements made in the field and a cursory review. The findings and
recommendations given in this report are site-specific, and are valid for the subject property.
Respectfully submitted,
YEH AND ASSOCIATES, INC.
Sylvia White
Staff Geologist
.~<·,
Reviewed by:
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Figure 1
E:LLSPERMAN ECOLOGICAL SERVICES
FIELD INVESTIGATION REPORT
Project: Cerise Ranch Wetland Review
Project Location: Garfield County, Colorado
Client: Noble Design Studio
Inspector: Stephen Ellsperman
Project Contact: Jon Fredericks
Date: January 61h, 2006
Weather: Clear/Cool
Investigation Number: 1
Present: Jon Fredericiks, Noble Design Studio
Louie Wilsher, Noble Design Studio
SUMMARY OF INVEST/GA TION:
BASALT, COLORADO
274-2171
The Januar}r 6th, 2006, field investigation was designed to investigate the wetland
resources on the Cerise Ranch, located in Garfield County, Colorado. This property,
located in the mid-Roaring Fork Valley, contains a multitude of ecological conditions
and the Noble Design Studio was interested in what wetland resources were present
on the site in order to properly plan for their protection during site planning and
design phases of a potential development.
A field investigation was initiated on the site utilizing existing FEMA Hazard Flood
Maps overlain on Garfield County Topographic Map data. The site was covered with
ice and snow, so the field investigation focused mostly on vegetation investigations,
general topography interpolation, and exiting riparian corridor investigations.
Four main areas were surveyed during the field investigation including:
Upland Areas on the Upper Bench
Irrigation Ditch Systems and Blue Creek
Lowland Wetland Systems
Roaring Fork River Riparian Corridor
Upland Areas on the Upper Bench
The majority of the north portion of the property was found to be higher in elevation
than that of the rest of the property supporting agricultural operations. With the
exception of the ditch network found within this zone, both the herbaceous and the
woody vegetation consisted of plants consistent with upland ecotypes. The main
body of herbaceous vegetation consisted of an extensive pasture grass system and
the woody vegetation within these areas has been mostly removed for agricultural
operations.
Topography was consistently high along the north edge sloping south towards the
river with no identified areas of lower elevation which might create wetland pockets.
In a few areas, soil was exposed and was mostly organic sandy loam which did not
represent anaerobic wetland soil conditions.
This ecological zone within the property would be classified as being found mostly
north of Blue Creek and basically bisecting the property. Agriculture has intensely
changed this area from an upland sagebrush flat to a flood irrigated pasture. If
agricultural uses were to stop, this area would mostly revert back to this upland
sagebrush condition with no wetland areas present.
Irrigation Ditch Systems and Blue Creek
A long history of agriculture on the site has necessitated a large network of a myriad
. of ditches. These ditches spread out throughout the property and were designed to
both flood irrigate the site as well as provide a water source for active irrigation.
Vegetation along many of these ditch routes mirror the riparian corridors found along
the Roaring Fork River including a dominant Narrowleaf Cottonwood overstory and a
mixed riparian shrub understory including Green Chokecherry, Thiri-Leaf Alder, Water
Birch, Red Twig Dogwood, Wax Currant, Golden Currant, and Silver Buffalo Berry.
Investigations of these areas show there to be extensive leakage from this ditch
system allowing vegetation to grow up to 100 feet in some areas from the dit<?h itself.
Soil within these areas did not show wetland characteristics and it is doubtful that
these areas would be considered jurisdictional wetlands, however, they do provide an
important fabric for the site both in terms of habitat and aesthetics. Manipulation of
these water systems would have the effect of bringing this vegetation into decline, as
was witnessed in many locations on the property where the overstory vegetation has
declined because of discontinued ditch use.
Blue Creek travels through the center of this property and is heavily degraded by
agricultural activity. Although vegetation resources were very degraded and in most
places non-existent, wetland soil conditions were found along the fringe of this creek
system. These areas, anywhere from 3 feet to 10 feet from the water edge in these
areas would be classified as jurisdictional wetlands and following the exclusion of
grazing in these areas, the natural riparian corridor would begin to establish itself
again. This area would be an excellent candidate for restoration.
Lowland Wetland Systems
The portion of the property south of Blue Creek, with the exception of several large
pastures which are similar to the upland areas described above, include a significant
drop in elevation and topography that creates numerous wetland systems. These
systems are fed by water from ground spring systems, Blue Creek and other irrigation
system tailwater, and flood flow from the Roaring Fork River.
This area appears to have been partially excluded from agricultural operations and in
some locations is in excellent condition. Many types of wetland vegetation systems
were identified in these zones including sedge, rush, and spike rush systems.
Topography is the main factor in the locations of these wetland systems and it was
clear during the site investigation that the water table within these areas was very
high.
Within this zone, at least 50% of the land areas visited contained some sort of
jurisdictional wetland community.
Roaring Fork River Riparian Corridor
During the field investigation, the excellent condition of the riparian corridor adjacent
to the Roaring Fork River was noted. Within this corridor, intact examples of pre-
settlement ecosystems were routinely discovered. A healthy mixture of decidioius
and coniferous overstory vegetational communities were identified and these
included species which are not routinely found in the mid-valley very often including
Ponderosa Pine and Rocky Mountain Juniper. Understory vegetation was equally
impressive and a number of species identified were noted for their specific
intolerance of disturbance leading the team to believe that many areas within this
zone have been largely undisturbed.
The Riparian Corridor sampled within this area included multiple examples of flood
plain activity including numerous dry overflow channels, river geomorphology, and
vegetation. These condition? were witnessed along the entirety of the riparian
corridor. The Riparian Corridor on this property is in excellent condition and provides
obvious habitat, hydrology, vegetation, and wetland resources.
Further Sampling and Investigation
This cursory field investigation provided a very basic overview of the site parameters
on the property. To adequately evaluate wetland or riparian resources they should be
properly delineated in the spring when all factors in this process can be evaluated.
Additionally, to provide a specific conditional analysis of the vegetation and ecology
of the site, biological index sampling should be accomplished. This would provide
more specifics to the condition and structure of the vegetational ecology on the site.
LOYAL E. LEAVENWORTH
SANDER N. KARP
JAMES S. NEU
KARL J. HANLON
MICHAEL J. SA WYER
SUSAN W. LAATSCH
ANNA S. ITENBERG
CASSIA R FURMAN
BETHE. KINNE
CASSANDRA L. COLEMAN
LAURA M. WASSMUTH
CHADJ. LEE
Jon Fredericks
Noble Design Studio
19351 Highway 82
Carbondale, CO 81623
LEAVENWORTH & KARP, P.C.
ATTORNEYS AT LAW
20114TH STREET, SUITE 200
P. 0. DRAWER 2030
GLENWOOD SPRINGS, COLORADO 81602
Telephone: (970) 945-2261
Facsimile: (970) 945-7336
crf@lklawfirm.com
February 14, 2007
DENVER OFFICE:*
700 WASHINGTON ST. STE 702
DENVER, COLORADO 80203
Telephone: (303) 825-3995
*(Please direct all correspondence
to our Glenwood Springs Office)
Re: TCI Lane Ranch-Mid Valley Metropolitan District Commitment to Serve
Dear Mr. Fredericks:
We represent the Mid Valley Metropolitan District (the "District"). The District received
your request for a commitment to serve the proposed TCI Lane Ranch development, currently
planned to consist of ninety(90) dwelling units, with water and sanitary sewer services. The District
has the capacity in its water and sewer treatment plants, and can· and will serve the facilities
proposed in the TCI Lane Ranch development 'with water and sewer services, subject to the
following conditions:
1. The Applicant shall comply with all Rules and Regulations of the District as adopted and as
may be amended from time to time.
2. The Applicant shall enter into a Line Extension Agreement with the District regarding the
requirements for extending District water and sewer services to the property. As part of that
process, the District will review the need for additional treated water storage and/or sewer
collection line capacity before approving a Line Extension Agreement for the project.
3. The Applicant shall enter into a mutually acceptable Inclusion Agreement with the District
regarding terms and conditions for extending the District's boundaries to include the TCI
Lane Ranch property.
4. The Applicant shall, at its own expense, work with the District to obtain approval by Garfield
County of a Service Plan amendment for all services in the County. In order for the District
to provide service to the property, the Garfield County Board of County Commissioners must
approve a Service Plan amendment to allow a modification of the District's boundaries to
include the TCI Lane Ranch property.
5. The proposed development may also require an amendment to the District's 1041 permit
with Eagle County in the event that the facilities constructed to serve the TCI Lane Ranch
1:\2007\Clients\MVMD\ 1-Gen-165\Letters\Fredericks-serve. wpd
LEAVENWORTH & KARP, P.C.
Page2
February 14, 2007
6.
7.
8.
9.
10.
11.
property will also serve property located in Eagle County. If such an amendment is
necessary, it shall be obtained at the Applicant's expense, subject to possible cost recovery
measures.
In order to provide adequate water storage and fire flows, extension of District water service
to the property will likely require construction of a twelve inch line, pump station, and water
storage tank, which facilities, as needed, shall be constructed at the Applicant's expense,
subject to potential cost recovery from future development.
·Extension of District sewer service to the pronertv, and as mav be reauired by Garfield
... .J. J J .... .
County to obtain approval of a Service Plan amendment, may include conditions that the
District serve additional property in the area. Such an expansion of the District's Service
Plan area may require construction of gravity lines to pump wastewater to a central site at
a logical location to serve the entire area, not just the TCI Lane Ranch property.
Construction of such facilities shall be at the Applicant's expense, subject to potential cost
recovery from future development.
The Applicant shall pay all applicable water and sewer tap fees to the District prior to
receiving a building permit from Garfield County and prior to physical connection to the
District's lines.
The Applicant shall dedicate water rights to the District or, at the District's sole option, shall
pay the District's fees in lieu of water rights dedication, as required under the District's Rules
and Regulations.
The Applicant shall dedicate to the District any and all easements necessary for the provision
of District services to the development or as otherwise may be required by the Rules and
Regulations, which easements shall be free and clear of all liens and encumbrances.
The Applicant shall prepare and submit engineering designs for the construction and
installation of District water and sewer services to the development, and, if applicable,
engineering designs for a pressurized raw water irrigation system to serve the development,
which designs shall conform with the Rules and Regulations and Technical Specifications
of the District and which shall be subject to the review and approval of the District's
engmeer.
12. Pursuant to the District's Rules and Regulations, the Applicant shall reimburse the District
for all costs incurred by the District regarding this project, including but not limited to legal
and engineering fees.
Please feel free to contact us if you have any questions or comments regarding the conditions
set forth herein or the District's capacity to serve the proposed development in general. We look
forward to working with you.
I:\2007\Clients\i\1VMD\l-Gen-I 65\Letters\Fredericks-serve.wpd
LEAVENWORTH & KARP, P.C.
Page3
February 14, 2007
cc: MVMD Board of Directors
Bill Reynolds
Louis Meyer
Chris Lehrman
Scott Leslie
l:\20071Cliems\MVMD\1-Gen-165\Letters\Fredericks-serve. wpd
· Very truly yours,
LEAVENWORTH & KARP, P.C.
P.O. Box 1908
1011 Grand Ave.
Glenwood
Springs,
CO 81602
(970) 945-5700
P.O. Box 4*
Meeker,
CO 81641
* please direct all
correspondence to the
Glenwood Springs
Office
(970) 945-1253
Fax
April 26, 2007
Jon Fredericks
Noble Design Studio
19351 Hwy 82
Carbondale, Colorado 81623
Re: TCI Lane Ranch Wastewater Treatment
Dear: Mr. Fredericks:
Three options are available for wastewater treatment:
1. Connect to the wastewater treatment system for Blue Creek Ranch
2. Connect to the Mid-Valley Metro System.
3. Construct an on –site wastewater treatment plant.
Option one, connection to the Blue Creek Ranch system was briefly explored, and it appears
that while this option is technically feasible, it may put an unreasonable burden on the Blue
Creek ranch wastewater treatment plant operation in the future. Specifically, the plant currently
has room to expand to increase treatment volume. However, if the plant was expanded to serve
the proposed TCI Lane Ranch, there would be no room for future expansion or additional
processes that may be required by the CDPHE for the existing customers. Nor would there be
any room for redundancy if needed for rehabilitation of the existing treatment works. Therefore,
this was not deemed a reasonable alternative due to the limitations it would place on future
operation of the Blue Creek Ranch treatment plant.
Option two, was also explored and appears to be technically feasible via construction of a
forcemain to either the existing Cerise Ranch lift station, or, less feasibly, to the Dakota lift
station. Connection to the Cerise Ranch lift station would require some modifications to the
existing equipment to allow for the added flows from this development. Connection to the
Dakota lift station might not require equipment modifications, but it is much farther away which
would be a significant additional expense. The Mid-Valley Metropolitan District has issued a
“can and will serve letter” to the developer, a copy of which is included with this application.
Option three, the construction of an on-site waste water treatment plant is also technically
feasible. However, authorization to construct a WWTP would need to be obtained from the
CDPHE. Even though the CDPHE has a general policy of “non-proliferation” of small WWTP’s,
it would probably be possible to obtain approval for a small on-site plant. Finally, long term
operation and maintenance for the facility would be also need to be considered. This analysis
will be carried out in the next portion of the application process.
Nobel Design Studio
March 12, 2007
Page 2
In summary, it appears that the wastewater generated by the proposed development can be
handled via option 2 or 3 stated above.
If you have any questions or need additional information, please contact us.
Sincerely,
Zancanella & Associates Inc.
Tim Beck
Timothy P. Beck, P.E.
TPB/soe
z:\27000\nobel design studio wwt.doc
EDWARD MULHALL, .JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
DAVID C. HALLFORD
CHRISTOPHER L. COYLE
THOMAS .J. HARTERT
CHRISTOPHER L. GEIGER
SARA M. DUNN
DANIEL C. WENNOGLE
SCOTT GROSSCUP
SHANTI A. RossET•
"" LfCEN~EO IN ARIZONA 0NL Y
VIA HAND DELIVERY TO:
Fred Jarman, Senior Planner
BALCOMB & GREEN, P.O.
ATTORNEYS AT LAW
P. 0. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
Telephone: 970.945.6546
Facsimile: 970.945.9769
Y.JWw.ba!comtigreen.com
July 6, 2006
Garfield County Building and Planning Department
108 81h Street, Suite 401
Glenwood Springs, CO 81601
Re: WindRiver Trees
Dear Fred:
KENNETH BALCOMB
(I 920-2005>
OF COUNSEL:
.JOHN A. THULSON
SPECIAL COUNSEL:
WALTER D. LAWRY
Recently, we have had discussions about the Garfield County Planning staffs
interpretation of a "nursery" as a use by right within the AIR/RD zone district. Specifically, we
have advised you that our client, WindRiver Trees, LLC is considering relocating its business
operation from El Jebel, Eagle County, Colorado, to 16411 Old Highway 82, Carbondale,
Garfield County, Colorado. In order to make this relocation, WindRiver Trees would acquire a
parcel of land consisting of approximately 100 acres, zoned AIR/RD, along Old Highway 82, at
the above address. WindRiver Trees would utilize approximately 10-12 acres of such property
for its operating needs.
WindRiver Trees is not a retail nursery operation in that it does not have drive-in retail
customers throughout the day. Rather, WindRiver Trees is a design/build landscape sales and
installation company specializing in large and complex residential landscape projects throughout
the Roaring Fork Valley.
Most of the 10-12 acre operational site would be occupied by nursery stock, primarily
trees. All nursery stock would be placed neatly in rows on the front of the property along 16411
Old Highway 82. In order to operate its business WindRiver Trees would also construct two
rustic (wood/log and rusted metal) looking barns on the 10-12 acre operational site; one for
equipment storage and repairs and the other to provide office space for the fulltime
administrative and accounting personnel of the business. The nursery stock along Old Highway
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Fred Jarman, Senior Planner July 6, 2006
Page 3
82 would serve to substantially screen these two barns, as well as any equipment that is outside,
vehicles, and stockpiles of topsoil, mulch and other material used in the business.
We believe that the uses we have described for WindRiver Trees are within the meaning
of "nursery" as used in the Garfield County Zoning Regulation and as applied by County staff
You have previously given us an informal indication that staff concurs that the WindRiver Trees
business is an allowed nursery use. Because our client's final decision to purchase the subject
property will be based on its ability to relocate the business as indicated, we would greatly
appreciate it if you could confirm staffs interpretation that the uses we have described fall
within the meaning of a "nursery" as a use by right within the NRIRD zone district.
As always, please do not hesitate to contact me if you have any questions about this
matter.
Very truly yours,
BALCOMB & GREEN, P.C.
LRG/bc
xc: Dave Marrs
Fred Jarman
From:
;ent:
Larry Green [larry@balcombgreen.com]
Monday, July 24, 2006 5:40 PM
To: Fred Jarman
Cc: Dave Marrs
Subject: WindRiver Trees
Attachments: WindRiverTrees CLEAN 7-24-06.doc
WindRiverTrees
CLEAN 7-24-06.d •••
Fred: The purpose of this email is to follow up on our telephone conversation
of this morning regarding your letter dated July 12, 2006 regarding the term "nursery" in
the ARRD zone district. As we discussed, we disagree with your conclusion that the
business of WindRiver Trees would not be a nursery, but is instead an "Agricultural
Related Business." However, we strongly believe that you reached an incorrect conclusion
not because of any incorrect analysis, but rather because we failed to give you enough
information in our letter of July 6 detailing the actual business of WindRiver Trees as it
would be conducted if moved to the proposed Garfield County location. In fact, as we
reviewed your analysis of how one should arrive at the definition of nursery, it became
more clear to us that WindRiver Trees is without question a nursery. For that reason, we
respectfully request that you reconsider the conclusion of your July 12 letter in light of
a more thorough and accurate description of WindRiver Trees. I have attached a more
complete description of WindRiver Trees which has been prepared by Dave Marrs on behalf of
Ace Lane. To me, this description clearly shows that plants are grown and held for sale
at wholesale and retail levels. In the case of the tree farm, the plants are grown for
vears before being sold. [}:n the case of the nursery operation (as defined i!!'the
ttachment,) the trees are stored and allowed to grow and mature for various periods of
time. Mr. Marrs has advised me that we can provide you with a sales breakdown between
individual retail sales, sales to customers who have utilized the landscape design
·services of Noble Design, and wholesale sales to other landscape installation companies if
you would find that helpful. At the time I wrote the letter of July 6, I did not realize
that the business of Noble Design would not relocate to the Garfield County site. I
apologize for this mistake as I believe it has led to part of our confusion. We look
forward to hearing from you on this issue]
Lawrence R. Green, Esq.
Balcomb & Green, P.C.
P.O. Drawe·r 790
818 Colorado Avenue
Glenwood Springs, co 81601
Ph: (970) 945-6546
Fax: (970) 945-9769
1
WindRiver Trees, LLC
Current Operations at 19351Highway82, Carbondale, CO 81623 -Eagle Countv.
Andrew N. Lane and his wife Jennifer Lane own 199 acres in Eagle County. The Lanes use the
property as the headquarters for their businesses known as WindRiver Trees, LLC and Noble
Design Studio. While WindRiver Trees and Noble Design Studio have overlapping ownership,
they are two distinct business entities. The Lanes also operate a 12 acre water ski lake on their
Eagle County property and make the property their primary residence.
The business ofWindRiver Trees as it is presently operated at the Eagle County property
consists of three components: Tree farm, a nursery, and a sales and service department.
The tree farm component consists of growing trees that were planted from seed and seedlings
some 10-12 years ago. Each year trees are harvested and placed in the nursery for sale. The tree
farm consists of approximately 5,000 trees and is made up of Spruce, Cottonwood, Aspen and
Bristle Cone Pine. Each fall and spring trees are dug and placed in the nursery.
The nursery consists of trees that are placed in rows and are temporarily healed in via the use of
mulch. The tree balls/root systems are wrapped in burlap and held together with twine and wire
baskets. Al any one time, the nursery consists of approximately 1,500 trees. The nursery also
consists of plant materials in plastic pots (flowers, shrubs and smaller trees). Plant material in
the nursery is held for sale to the general public, including landscape installation companies and
other nurseries in Colorado. Trees are held in the nursery until they are sold, which can be as
little as a few weeks to two-three years. The nursery is replenished annually by bringing in new
trees and other plant material to replace the material that was sold during the previous season.
While in the nursery plant material is watered, fertilized, pruned and managed to maintain the
health of the plant. On occasion trees are purchased wholesale from other tree growers and
delivered to the site and placed in the nursery. The nursery also makes its own topsoil which is
used onsite for plant material, sold to the public and used in installation of trees sold and planted
offsite. Soil is screened to remove rocks and debris; mulch/compost is mixed in with the
screened soil to produce quality topsoil.
WindRiver Trees also maintains a sales and service department as a compliment to its tree farm
and nursery operations. Sales and service consists of delivery, planting and irrigation of
trees/plant material sold to customers. Customers range from individuals who walk-in and buy a
single tree, to other landscape installation contractors who buy at wholesale to satisfy their own
customer needs, or to customers who have had their landscape plans done by Noble Design and
then buy plant materials from and hire WindRiver Trees to install it. J~e_e~ ~!!1'!.Y. ~ .r.~Ia.c.e~e.r.i! .. .. .. -· ·{_Del_eted __ : ------~
warranty of 1 year if they are planted by professionals employed by WindRiver Trees, LLC.
Nursery employees are on staff to maintain the tree fann and nursery stock and also for the
loading, delivery and planting of trees at a customer location from the tree farm and nursery.
The use of a crane is critical for the digging of larger trees, for loading large trees onto trailers
and for the planting/healing in of large trees on and off site. As part of our delivery, nursery and
planting, WindRiver Trees maintains two cranes, several flat bed trailers, a 12 yard dump truck
and several bobcats. WindRiver Trees stores the equipment on site and maintains a barn for
storage and maintenance of equipment, irrigation parts. nursery materials such as fertilizer, wire.
twine, baskets and the like. An irrigation crew is on staff during the summer to maintain the
irrigation of the nursery and tree farm and to ensure that trees and plant material sold to local
customers are properly watered.
WindRiver Trees currently maintains three small log cabins that serve as office space for full
time personnel -two accountants, one administrative person and two nursery/tree farm
employees.
Four full time landscape architects currently work for Noble Design Studio. In addition to
performing independent landscape design functions, they also provide design services and
project management for installation of the plant material purchased from WindRiver Trees.
Noble Design Studio has a separate building at WindRiver Trees' F.agle County location that is
used for meeting clients and to provide office space for these four full time architects. It is
important to note that the proposed move of WindRi ver Trees to a new location will not affect
Noble Design Studio as it will remain in its current location.
Proposed Operations at the new site located at 16411 Old Highway 82, Carbondale, CO
81623.
WindRiver Trees, LLC plans on moving its business to 16411 Old Highway 82, Carbondale, CO
-zoned ARRD. Existing nursery stock of approximately 1,500 trees, together with the other
related inventory and equipment described above would be moved to the new location. The
nursery operation at the Garfield County location will consist of holding nursery inventory as
described above as well as sales and installation services as referenced above. Two new
buildings are contemplated at the new site to store nursery materials, equipment and for servicing
the equipment referenced above and also to provide office space for 5-6 full time employees of
WindRiver Trees. The new buildings shall be rustic (wood/log and rusted metal) buildings. The
nursery tock (trees) would be planted neatly in rows and also will be used to screen any
equipment that is outside along with vehicles, topsoil and mulch. It is estimated that the nursery
operation will occupy 10-12 acres of the property and will utilize the existing access point
(driveway) to Old Highway 82. An access permit application is already in process with CDOT.
The tree farm at the current location will need to be harvested over the next 2-3 years to make
way for a proposed real estate development. The trees will be dug and planted in the nursery at
the new location and/or sold from the existing location. Due to the quantity of trees at the
existing tree farm it is conceivable that many of these trees may need to be transplanted to the
new site. Areas of the new site that may provide for good soil but may not be in areas that could
later be developed (residential) due to flood plain mapping could very well serve a new tree farm
that would be started from scratch (seedlings).
July 28, 2006
Lawrence R. Green, P.C.
Balcomb & Green, P.C
P. 0. Drawer 790
818 Colorado Avenue
Glenwood Springs, CO 81602
-·-····--··--··· ··---··--·--·· ------------------------·--·--·-·--·-----··-·----·-·---··-... I
Garfield County !
-··----·-·--·--·---------·-------·-·-------------------_!
BUILDING & PLANNING DEPARTMENT
RE: Request/or Confirmation regarding the term "nursery" in the ARRD zone
district
Dear Larry,
Thank you for your additional letter dated July 24, 2006 (attached hereto) which further
clarified the discussion in the previous letter dated July 6, 2006. After much discussion
with the County Planning and Legal Staff, it appears the uses which are outlined in the
letter dated July 24, 2006 meets the intent of the term "nursery" as a use-by-right in the
ARRD zone district.
Note, Staff's original interpretation of WindRiver Trees' proposed operations (provided
in a letter dated July 12, 2006) understood the use to be that of a "design I build
landscape business" as the primary business I use which also had a stock of nursery
inventory as an accessory use to the primary use. Based on that thinking, a Special Use
Permit would have been required for an Agriculturally Related Business or Contractors
Yard. However, as you have clarified in the second letter, there will be no landscape
business operation (landscape architectural offices I design studio) on the property and
that the primary use of the property is that of growing, storing trees for retail, wholesale
use as well as providing landscape installation service for specific landscaping jobs.
Do not hesitate to contact this office should you have any questions.
Verytrul
Fred A. Jarman, Al
Building and Planning Department
970.945.8212
Attachments Letter and email dated July 24, 2006
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax: (970) 384-3470
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January 30, 2007
RE: Open house for TCI Lane Ranch (100-acre portion of original Cerise ranch)
Greetings,
As you may be aware, a 100-acre portion of the Oscar & Wilma Cerise property was
recently sold and is now under new ownership. This parcel of land is located at 16411
Old Highway 82 in the Catherine area. The property is bordered on the east by the
Waldorf School and on the west by Blue Creek Ranch.
In representation of the current property owner, Noble Design Studio will be hosting an
Open House for area residents to express their ideas, concerns, and suggestions with
regards to potential future development of this property. We are holding this Open
House because we believe that public input is an integral part of any design and should
occur at the early stages of the design process.
As neighbors of this property, our design team would truly appreciate your involvement
in this event. If you are unable to attend, we would welcome any written comments that
you would like to submit. Please feel free to contact us if you have any questions, and
we look forward to seeing you there!
Sincerely,
Noble Design Studio
Jon Fredericks, ASLA
Senior Landscape Architect
jfred@windrivertrees.com
970.963.7027
Open House Information
Date: Tuesday, February 13, 2007
Time: 6:30 PM
Location: Village Smithy, 26 South 3rd Street, Carbondale
Agenda
1. A brief (15-minute max) presentation will be given by the design team
2. Public comment and discussion (90 minutes, +/-)
We will document all comments provided to us, and you will also have the option
to submit anonymous written comments.
Refreshments will be served.
Please RSVP to Libby Thurman, 963-0744 or lthurman@windrivertrees.com
TC
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NOBLE DESIGN STUDIO
LANDSCAPE ARCHITECTS
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TCI Lane Ranch Open House Comments
February 13, 2007
Cows on the land
Why would you want to keep cows on the land? Would that be something the HOA
would manage?
“Maintaining grazing rights for cattle ranchers creates challenges for the HOA to
maintain. Additionally, it is destructive to the land, especially in a condensed area. If the
concentration is heavy it can smell as well. Personally I think it’s a bad idea and not
necessary.” John Charters
“One additional observation that may be of some help to you is that the cattle last fall
literally destroyed Blue Creek Ditch and over grazed the wooded area leaving nothing for
the wildlife to forage or the opportunity for seedlings to take hold to regenerate the
ecosystem. I would think that the agricultural aspect of the subdivision should be kept
like Blue Creek Ranch within the pastures toward the highway.” Paul Andersen
Nursery Concerns
Will the nursery use large trucks?
Is the proposed nursery WindRiver Trees? Where on the property would this be located?
The dust from the nursery will be all over everything. Is the nursery already a given in
this development?
What is the zoning on this project right now? Is a nursery allowed as it is now? Can this
be done without the nursery? The equipment and things moving in and out all the time is
a real detriment. With that kind of density, you shouldn’t need the nursery there. It’s not
appropriate and does Blue Creek Ranch no good whatsoever.
If you’re planning on making any part of this commercial, a nursery is the best choice.
Better than McDonalds, 7-11 or a strip mall.
If there is commercial here, they will want to make commercial across the street, across
the highway, and pretty soon you lose the semi-rural character of the area.
The nursery will be no good for either neighborhood. A berm does all the noise
screening needed.
Even berming with trees will eliminate the noise factor. Could connect to the Blue Creek
berm. Sound is an issue.
Why aren’t you putting the tree nursery by the Waldorf School instead? It’s more of a
similar usage.
The nursery should be close to the road for easy access. It doesn’t make sense to put it
back into the property.
Is there any chance the nursery will move before you start building?
It is unrealistic to think that something with that many trees and equipment isn’t going to
create a lot of noise and dust. Why would Ace want to reduce the size of the nursery
from what he has now?
“He (Ace) should take his little horticultural attitude and help the Waldorf School and
then he could sleep good at night.”
Would Ace consider doing just a tree farm where they would only dig trees twice a year
and there’s a lot less disturbance? Commenter would be more in favor of creative berms
and screening and a tree farm with organic shapes rather than just rows of trees with the
whole operation with skid-steers and loaders and all the equipment involved.
If you don’t move the nursery, we will want to see how you are going to mitigate the
sound and dust.
“Great approach towards open space and conservation. I liked the mixed neighborhood
and I can live with the tree nursery as long as it is done in a way that reduces the impact
to Blue Creek. It would be better obviously for us if it was on the other side of the
property. However, I have faith in the owner to do what is best as he did such a
spectacular job with Blue Creek. The only thing I would fight is the thru-way!!! Good
job!” Lisa Flynn
“What about moving the tree farm all the way into the corner, and continuing the berm
from BCR behind it. This would preserve more of the cottonwoods and greatly eliminate
road noise/operation noise into the nursery. Also, the road access connecting is
inappropriate and unnecessary!” Anonymous
“I personally believe that the proposed residential subdivision and the Landscape
Business are inherently at odds with one another. You are trying to combine oil and
water. Given the beautiful topography of the parcel and the residential character and
excellence of Blue Creek Ranch next door—plus given Mr. Lane’s philosophical
values—I believe that TCI Lane should be a strictly residential development and his
nursery should be moved to another location. The nursery would not only detract from
Blue Creek Ranch but also from the homes in TCI Lane.” Paul Andersen
“Move the nursery over to the Waldorf side, it’s not residential so not as intrusive, and I
agreed with putting it closer to the road to provide a buffer to the neighborhoods in the
development.” John Charters
“I am in agreement that the tree farm would be better located on the other end of the
property, away from Blue Creek Ranch.” Kendall Evans
Trails and Open Space
Would the trails and multi-use play field and open space be open to the public?
With all the open space, a tree farm sounds a lot better than a 7-11. Lion’s ridge resident
is pleased overall with what he sees. He wants to make sure he will have access to all the
trails.
Will TCI HOA own the land (pasture at North edge by Hwy 82) so it can’t be sold to
McDonalds?
It would be very good to connect trails with Blue Creek and open spaces.
Is there any way the trail can stay close to the river and not have to go around the BLM
parcel? How did that get cut out of there?
Would you extend the trail that goes through Blue Creek, or would a person all of a
sudden get to the fence at the end of the property and the trail just stops?
There are already problems on the Blue Creek trails with litter, dog crap, and dogs not on
leashes. This needs to be addressed, as this problem could be compounded. Suggestion
to create some kind of enforcement and management rather than stop or close the trails.
The “open space” area by the river is very much wetlands for most of the year.
“Love the bridge idea to the Rio Grande Trail.” John Charters
Road Connection
Why would we (BCR residents) want the road to go through the easement? The
development concepts are completely different and Blue Creek owners bought into the
isolated, nestled, un-thoroughfare ideology and don’t like the commercial, duplex, parks,
etc. of TCI Lane Ranch connected to their development. The “non-desirable route”
doesn’t work; look at Catherine Store Road. People use that instead of 133 and 82.
There’s a reason we all live in a 49 home site community.
Will the secondary access into Blue Creek also provide access to the tree nursery?
Suggestion to make the connection between TCI and Blue Creek only a walking path.
There are other ways to create connectivity without an asphalt road. People will make
even a small path into a thoroughfare.
Has there been an idea to be a separate access point to State Hwy 82 (not old Hwy 82)?
Since Blue Creek won’t pass the access point, TCI Lane Ranch should realize that it’s
quicker to take old Hwy 82 than to snake through Blue Creek.
“No chance on the road between Blue Creek and this development. The HOA will never
approve it.” John Charters
Catherine Store Intersection
Catherine Store is a notoriously dangerously intersection. A suggestion was made to put
cameras in to stop people running red lights.
Won’t this put more pressure on Catherine Store intersection? Could you get some help
from CDOT to at least fill in the potholes? There needs to be some sort of improvements.
“The more I have thought about traffic patterns the more concern I have. Bringing
additional car traffic through Blue Creek Ranch will diminish the quality of our
neighborhoods. I understand that CDOT is not showing interest in improving the
Katherine Store intersection, but the increase in traffic will continue to place increased
demand on a bad situation. These things tend to not get serious attention until they
become catastrophic.” Kendall Evans
Housing Type Plan
Why are you contemplating duplexes? Wouldn’t people rather have a freestanding house
like they have in Blue Creek? Are they more expensive than a small stand alone house?
Is the character of the buildings the ranch motif, old mining, non-Willits style?
Good feeling about Blue Creek, it’s going to be hard to raise the bar from that. Or else
you’ll have Willits.
It’s weird to have ‘shacks’ next to large houses; why is the mix needed? Do you actually
see this working? Will someone buy a multi-million dollar house by the river and want a
duplex right around the corner?
Why argue if Ace wants to mix in the small houses? It’s giving people a nice place to
live. There’s no Middle America anymore, the desire is to break the molds we’ve gotten
into. But people can’t afford $600,000 duplexes. Affordable units and mixes needs to be
done tastefully.
Which neighborhood will be smaller houses? Medium houses? Bigger houses? Is there
really a mix of lot sizes in all neighborhoods?
“Clustering a variety of home sizes and values is a high ideal. But will you personally
attract the capital to get the quality of homes now being built in Blue Creek Ranch? I
personally would not take the risks to invest a couple of million dollars in a single family
home with a duplex or employee house right nearby. I believe that the manner in which
Blue Creek Ranch is laid out although not perfectly egalitarian makes the most sense in
the real world.” Paul Andersen
“I do believe Mr. Anderson’s comment to you is true. You will have to be very creative
to make your new development as desirable and successful as Blue Creek Ranch has
become. I know that you cannot please everyone but I hope you will be as imaginative as
possible which might me less is more.” Kendall Evans
“Mixing multi-million dollar houses down by the river in Neighborhood C with duplexes
or other lower income housing is kind of stupid – who would buy a home with that kind
of mix?” John Charters
“I thought it interesting your attempt at social engineering. Integrating employee housing
in all five zones. Historically these types of developments have had limited success. I
purposefully bought my house on the employee unit end of Blue Creek ranch. I do not
feel all people will feel this way and some may steer away from your development
because of this proposal.” Kendall Evans
Is there going to be any buffer between Neighborhood A and Blue Creek Ranch? How
many homes would be in this neighborhood? How many cars?
“I would like to see the establishment of a distance between the Blue Creek property and
the zones in the new development. Something which would preserve our views up-valley
would be ideal. I would hope in the landscape design you will come up with an
innovative way to make this separation desirable for our side and your development.”
Kendall Evans
Miscellaneous Comments
If there were no nursery, would that space be used for more houses? Is the number of 75-
85 pretty much set or could it go up to 100? Could it go less? Is it possible that this area
could be left alone and not developed at all?
There is a feeling of comfort that Ace bought this.
What is the timing on the development? When would this be built?
Will each home have 1 or 2 car garages or will there be communal parking areas?
Would you use the floodway boundary as a guide for an easement?
Suggestion to allow only 1 dog per residence.
What’s your thought on the water system and the sewer? Have you considered where on
site to locate these things? Locating on lower areas would push it closer to Blue Creek.
When do we get to see the revised plan?
Make sure to track where the deer and wildlife move in that area. They cross the river
but seem to not stay on the property. How can we help the animals cross the highway?
Build underpasses and overpasses like they do in Switzerland. Or just get rid of the elk.
Blue Creek is missing a place for dogs to run. Consider creating a dog park/dog run.
Pass these comments on to the owner. It’s good what you’re doing and it looks really
great so far.
“Good luck and I look forward to watching your project go forward.” Kendall Evans
“GO ACE” Nelson Owen