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HomeMy WebLinkAboutbocc.con.241.2013 RECEPTION#: 602570, 08/16/2013 at ( / n 09:40:37 AM, CONTRACT# , y/ 5J(/J 3 1 OF 20, R $106.00 Doc Code COVENANTS Janice K. Vos Caudill, Pitkin County, CO WHEATLEY TRACTS SUBDIVISION EXMEPTION PLAT TRACT 2: WHEATLEY HOMESTEAD AND ARBANY FARMHOUSE COVENANT AGREEMENT FOR THE PRESERVATION OF HISTORIC RESOURCES THIS COVENANT AGREEMENT FOR THE PRESERVATION AND MAINTENANCE OF HISTORIC (the "Agreement") is made and entered into this Isf 7..day of hi�ik.sk , by the Dart Family Partnership (hereinafter referred to herein jointly as "Declarant"), and Pitkin County, Colorado ("the County"). This Agreement shall run with the land described herein and be binding upon the successors and assigns of the parties hereto, subject to the terms and conditions set forth herein. RECITALS A. Declarant owns the real property described as 964 Lower River Road or Tract ID #2476- 262-00-002 and is more specifically described in Attachment 1. The 276 acre property has been divided into two, Tract 1 with the historic Wheatley Schoolhouse and Tract 2 with the historic Wheatley Homestead and Arbany Farmhouse. This Agreement is for . Tract 2 which contains 139 +/- acres and encompasses the Wheatley Homestead and Arbany Farmhouse (the"Property" referred to in this Agreement) The agreement for the preservation of the historic structure on Tract 1 is in a separate document. B. The historic resources located on the Property, Tract 2 are the Wheatley Homestead and the Arbany Farmhouse, commonly known as the Farmhouse. Attachment 2 depicts the location of the Homestead and the Farmhouse structures on the Property and Attachment 3 depicts photos of the structures as they sit on the Property. Declarant is the owner of the Wheatley Homestead and the Farmhouse which were designated and placed on the Pitkin County Historic Inventory pursuant to Pitkin Hearing Officer Determination Number No. 42-2006, reception # 529605 (see Attachment 4) which was approved on September 29, 2006. C. The Farmhouse unit which is now a free-market single family dwelling unit will become a second free market single family dwelling unit. A new house will be developed adjacent to the Farmhouse and will be the primary residence on the property. This will be developed pursuant to Section 9-110-043 of the Code(Incentive for Preservation of Historic Structures). The Wheatley Homestead structure will be preserved as well. • D. This Covenant Agreement is intended by the parties to satisfy the condition of the Determination which requires this covenant at the time of the recording of the 1041 site plan. • 1 I • NOW, THEREFORE, Declarant hereby represents, covenants and agrees as follows: . 1. Restoration and Maintenance. Declarant agrees to assume the total costs of restoration and continued maintenance, repair, and administration of the property, in a manner that complies with the Pitkin County Preservation Handbook for Historic Properties as it may be amended from time to time as interpreted by the Pitkin County Historic Preservation Officer, so as to preserve the architectural, historical, archaeological, cultural, and/or engineering integrity of its features, materials, appearance, and workmanship in order to protect and enhance those significant characteristics which qualify it for historic preservation treatment. Declarant shall complete any future restoration of the property in general compliance with the Hearing Officer Determination. 2. Exclusion. Declarant agrees that the County in no way assumes any obligation whatsoever for restoring, maintaining, repairing, or administering the property covered by this Covenant Agreement. However, the County shall be entitled to enforce this Covenant Agreement. 3. Inspection and Compliance. Declarant agrees that the County shall have the right to request inspection of the exterior of the historic structures to assure compliance with this Covenant Agreement, which request Declarant shall not unreasonably deny. Notice of any inspection of the historic structures by the County shall be pursuant to section 12 of this Covenant Agreement at such times and upon such notice to Declarant as Declarant may reasonably require. Any inspection carried out pursuant to this Paragraph shall be conducted in the presence of Declarant, if it wishes to be present. The purpose of such inspection shall be to ascertain whether the terms of this Covenant Agreement have been and are being met and to insure compliance with the terms of this Covenant Agreement. The Declarant or its representative shall have the right to be present at any inspection conducted by the County pursuant to this Paragraph. 4. Alterations. Declarant agrees that any restoration of the Historic Wheatley Homestead and/or the Arbany Farmhouse shall be in accordance with the Hearing Officer Determination, and no significant alterations shall be made to the exterior of the historic structures without the approval of the Pitkin County Historic Preservation Officer. 5. Use Change. Declarant agrees that property shall be used for residential purposes only. There shall be no change in the use of the historic structures without the prior written consent of the County. 6. Standards for Review. Review and approval of any proposed construction, alteration, rehabilitation or relocation of the historic structures, shall be evaluated by the Pitkin County Historic Preservation Officer through use of the Pitkin County Preservation Handbook for Historic Properties. Declarant agrees to abide by the Handbook in 2 performing any restoration, construction, alteration, rehabilitation, or relocation of the historic structures. 7. Public Purpose. Declarant agrees that all changes to the historic structures shall be in the spirit of contributing to the public purpose of protecting and preserving the historic structures in conformance with the Standards for Review. 8. Continuation. In the event that any component part or parts of the Historic Wheatley Homestead or Farmhouse are destroyed or substantially damaged through no willful action or negligence of the Declarant, and only if it is jointly determined by Declarant and the County that the affected structures or features are to be preserved and not removed, all obligations contained in this Covenant Agreement shall continue unabated. In the event that the historic structures are damaged or destroyed through the willful action or negligence of Declarant, the County may initiate such administrative or judicial actions as it deems to be legally available and appropriate. 9. Reserved Rights of Declarant. Declarant shall have all rights to utilize the historic • structures and the Property not specifically limited or restricted by this Covenant Agreement. Notwithstanding the last sentence, Declarant shall take no action which is materially detrimental to the purposes of this Covenant Agreement. 10. Binding on Successors to Declarant; Enforcement; Attorneys' Fees. This Covenant Agreement shall be a binding servitude, and shall run with the land and be binding upon Declarant, its successors, transferees, and assigns, in perpetuity, unless terminated by the terms of this Covenant Agreement or by voluntary relinquishment by the County. The County has the ability to fix and repair the historic structures consistent with the standards of this Covenant agreement and collect costs from the Declarant for such repairs. It is explicitly agreed by the parties hereto that this Covenant Agreement shall be enforceable in the courts of the State of Colorado; and that in the event an action to enforce this Covenant Agreement is brought, that the party or parties which substantially prevail in any such enforcement action shall be entitled to recover from the non- prevailing party(ies) the full cost of such action (including reasonable attorneys' fees and costs). The County may enforce the terms of this Agreement through actions for damages or injunctive relief for both. 11. Exercise of Rights and Remedies. Failure of the County to exercise any right or remedy granted under this Covenant Agreement shall not be a waiver of any breach of the agreement or rights or remedies to enforce the agreement provided however, after notice of a violation pursuant to Section 12, if the County fails to knowingly enforce a provision of this agreement for five years it waives it's right to do so. 12. Notices. Any inspection carried out pursuant to Section 3 of this agreement shall be at such times and upon such notice to Declarant as Declarant may reasonably require. Any notice allowed or required by this Paragraph shall be served on Declarant. 3 3 At the time of the execution of this Covenant Agreement, the Dart Family Partnership's designated representative was Paul Dart. The Declarant may change its designated representative at any time. Any notice, consent or approval which is required to be given hereunder shall be given by certified mail, return receipt requested, properly addressed and with postage fully prepaid, to any address provided herein or to any subsequent mailing address of the party as long as prior written notice of the change of address has been given to the other parties to this Agreement; or by fax. In the case of faxed notice, there shall be duplicate mailed notice to insure that faxed notice is received. All such notices shall be effective seven days following the date the notice was deposited in the U.S. Mail or faxed. Said notices, consents and approvals shall be sent or faxed to the parties hereto at the following addresses unless otherwise notified in writing: To Declarant: Paul Dart Dart Family Partnership 1287 Carla Drive Lafayette, Co. 80026 303 441-5643 phone 303 998-7643 fax To County: • Pitkin County Community Development Director • 530 E. Main Street Aspen CO 81611 970 920-5526 970-920-9439 (Fax #) 13. Severability. Whenever possible, each provision of this agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invaliding the remaining provisions of such document. 14. Choice of Law. This Agreement and each and every related document are to be governed and construed in accordance with the laws of the State of Colorado. 15. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. 16. Section Headings. Paragraph or section headings within this Agreement are inserted solely for convenience of reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. 4 // 17. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition 18. Gender and Number. Whenever the context so requires herein, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. 19. Further Actions. The parties to this Agreement agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Agreement or any agreement or document relating hereto or entered into in connection herewith. 20. Modifications. The parties to this Agreement agree that any modifications of this Agreement shall be effective•only.when made by writings signed by both parties and recorded with the Clerk and Recorder•of Pitkin County, Colorado. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year first above-written. - DECLARANT: • BY: ��!J���r Dart Family 'artnership Paul Dart, General Partner By: to - .i Name: Dart Family Partnership, Ltd. Janneli C.Dart, General Partner • 5 1 • By; Name: art Family Partnership, Ltd. Peter J. Dart, General Partner PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT BY: (k.),A*e �QJ 9 ' C S. ame: Cindy Hou en,Director List of Attachments 1. Legal Description 2. Historic Wheatley Homestead and Arbany Farmhouse Existing Conditions Map; 3. Photos of the Historic Properties; 4. Determination of the Hearing Officer of the Community Development Department of Pitkin County, Colorado Approving the Dart Family Partnership 1041 Hazard Review, Special Review and GMQS Exemption for Additional Floor Area and A CDU, GMQS Exemption for a Replacement Unit and,a Historic Incentive for an Additional Dwelling Unit. Saved as Dart Historic Covenant Tract 2 Latest Prepared with Lance's Changes 6 Attachment 1 Dart Family Partnership LTD . Legal Description A PARCEL OF LAND SITUATED IN SITUATED IN A PORTION OF TRACTS 72 AND 73, LOTS 15, & 16, SECTION 27 & LOT 16, SECTION 26, TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT ANGLE POINT NO. 4 OF SAID TRACT NO. 73 ALSO BEING ANGLE POINT NO. 3 OF TRACT NO. 72; THENCE S 00°0525" W, A DISTANCE OF 210.00 FEET TO A POINT IN THE CENTER OF THE ROARING FORK RIVER; THENCE ALONG SAID CENTER THE FOLLOWING TWO (2) COURSES: 1)N 43°54'35" W, 70.18 FEET; 2)N 73°06'35" W, 141.98 FEET TO A POINT ON THE BOUNDARY LINE OF SAID TRACT 72; THENCE N 00°07'18" E ALONG SAID BOUNDARY LINE, A DISTANCE OF 120.00 FEET TO ANGLE POINT 4 OF SAID TRACT 72; THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID TRACT 73 N 89°39'35" W, A DISTANCE OF 2,530.94 FEET TO A POINT ON THE NORTHERLY RIGHT-OF- WAY OF STATE HIGHWAY NO. 82; THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING FIFTEEN (15) COURSES: 1)N 73°37'20" W, 32.45 FEET; 2)N 56°48'32" W, 34.57 FEET; 3)A DISTANCE OF 231.06 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 766.30 FEET AND A CENTRAL ANGLE OF 17°16'35" (CHORD BEARS N 82°16'02" W, A DISTANCE OF 230.19 FEET); 4) S 89°05'40" W, 250.10 FEET; 5)A DISTANCE OF 200.28 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,382.57 FEET AND A CENTRAL ANGLE OF 08°17'59" (CHORD BEARS N 86°45'21" W, A DISTANCE OF 200.10 FEET); 6)N 82°36'17" W, 376.60 FEET; 7)A DISTANCE OF 268.52 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 905.00 FEET AND A CENTRAL ANGLE OF 17°00'00" (CHORD BEARS N 74°06'19" W, A DISTANCE OF 267.54 FEET); 8)N 65°36'20" W, 236.00 FEET; 9) A DISTANCE OF 174.15 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1,005.03 FEET AND A CENTRAL ANGLE OF 09°55'42" (CHORD BEARS N 70°34'13" W, A DISTANCE OF 173.94 FEET) 10)N 12°16'10" E, 52.42 FEET; 11)N 84°52'32" W, 319.40 FEET; 12) S 01°57'14" E, 49.38 FEET; 1 h 13)A DISTANCE OF 19.58 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1005.03 FEET AND A CENTRAL ANGLE OF O1°06'59" (CHORD BEARS S 86°16'16" W, A DISTANCE OF 19.58 FEET); 14) S 85°41'50" W, 463.40 FEET; 15)N 78°58'38" W, 187.43 FEET; THENCE LEAVING SAID RIGHT-OF-WAY N 43°48'22" E, A DISTANCE OF 227.56 FEET TO A POINT IN THE CENTER OF SAID RIVER; THENCE ALONG THE CENTER OF SAID RIVER THE FOLLOWING THREE (3) COURSES: 1)N 22°18'33" W, 109.31 FEET; 2)N 41°01'39" W, 203.48 FEET; 3) N 59°37'04" W, 78.29 FEET TO A POINT ON THE BOUNDARY LINE OF SAID TRACT LINE 73; THENCE ALONG SAID BOUNDARY LINE N 00°00'59" E, A DISTANCE OF 532.58 FEET TO ANGLE POINT 2 OF SAID TRACT 73 ALSO BEING THE SOUTHWEST CORNER OF GOVERNMENT LOT 16; THENCE LEAVING SAID BOUNDARY LINE AND ALONG THE WESTERLY LINE OF SAID GOVERNMENT LOT N 00°08'11" W, A DISTANCE OF 794.97 FEET TO THE NORTHWEST CORNER OF SAID GOVERNMENT LOT; THENCE ALONG THE NORTH LINE OF SAID GOVERNMENT LOT S 89°4529" E, A DISTANCE OF 81.84 FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 27; THENCE ALONG THE NORTH SECTION LINE OF SAID SECTION 27 S 89°17'46" E, A DISTANCE OF 2,644.04 FEET TO THE SECTION CORNER COMMON TO SECTIONS 22, 23, 26, & 27; THENCE N 89°21'13" E ALONG THE NORTH SECTION LINE OF SAID SECTION 26, A DISTANCE OF 2628.97 FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 26; THENCE CONTINUING ALONG SAID NORTH SECTION LINE OF SAID SECTION 26 N 89°44'08" E, A DISTANCE OF 1332.60 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF SAID TRACT 72; THENCE &ALONG SAID EASTERLY BOUNDARY LINE S 00°40'09" W, A DISTANCE OF 868.10 FEET TO ANGLE POINT 3 OF TRACT 71; THENCE LEAVING SAID EASTERLY BOUNDARY LINE AND ALONG THE NORTHERLY BOUNDARY LINE OF SAID TRACT N 88°13'21" W, A DISTANCE OF 1,120.77 FEET TO ANGLE POINT 1 OF SAID TRACT 73 AND ANGLE POINT 2 OF SAID TRACT 72; THENCE LEAVING SAID NORTHERLY BOUNDARY LINE AND ALONG THE WESTERLY LINE OF SAID TRACT 72 S 00°12'08" W, A DISTANCE OF 1,315.14 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PROPERTY DESCRIBED FOR THE WHEATLEY CEMETARY, BOOK 189 AT PAGE 384 CONTAINING 12,045,677 SQUARE FEET OR 276.536 ACRES, MORE OR LESS. AND AS SHOWN ON THE FINAL PLAT OF WHEATLEY TRACTS SUBDIVISION EXEMPTION PLAT 2 • • Attachment t e `oWei wr VPeking ere „,„,b House o 2 Concrete 00$rt*fr Log Bldg Pond v m Pond 4 Pump House 0 o so Feel 456 Historic Wheatley Homestead and Arbany Farmhouse Existing Conditions Map Atta c ment 3 Arbaney Farmhouse ?!..1 —,-- Page A-4 t 4?-14ta,.. 5- .---i... ,,-a•--;-,: .-44.zii.-,:.:::, ..,7;.;-,.. .-,-...- .., -...-,1`21..),.D.:c.2 41-;-, "--‘/;":"." • #1 ,.„ . . . - F.... . . fir-t--.'. :-t : :_: • t 1.k.1,1... 4":,:, _-- -__:Ejl---:::::-: :::-..;. :t.''I..':;t44,,- :: ..i;._:- . .,i.., -;',.......-: 1--- •. 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' • : ' •::: ..;jahligagell r;VI.'.;:- v.i:".--•.0-1-........„):- :, ;2Cy, ••9 :‘ -: . .. • .-,-- . ...: .:-....:-..•: :::•--`-1 :-.:-.•-'1.;•r----2•1: - '• '' • • "• ' '-:' \ .' •••••‘ Kt".A':•.;A:.• t;;;-•,A,,,..•;';I:.21 : •::- ,•A A• A • / � 111/1111!fill!!Ill!lip!li�t.VI!II!P1 296G5 A JRU(Lr ✓ v0, rqu;,;; 10/09/2Noc 07 ,.ducal t CC R 0.00 S I 0 0.00 DE-TERMINATION OF THE HEARING OFFICER of 1.111: COM.MUNI'IY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, col,t MAD(r, A PPM oVIN(; THE DART FAMILY PARTNERSHIP 1041 HAZARD REVIEW, .SPE( 'IA: RICVIh:bS' AND ONION EXIiM1'TIU,N' Fr)It ADDITIONAL FLOOR AREA AND A CHI;, r:M1ON EXEMPTION FOR A REPLACEMENT UNIT AND A HISTORIC INCENTIVE FOR AN ADDITIONAL DWELLING UNIT Determination No. 2006 RECITALS 1. Dart Family Partnership("Applicants") have applied to the Pitkin County Hearing Officer("Hearin_ Officer") for 1041 Hazard Review, Special Review ,! GtNIQS Exemption for Incentives for Preservation of Historic Structures, Development Utilizing TDRs for Additional Floor Area & CDU approval to establish two building rights on what will become two 141-acre parcels. 2. The parcel is located at 0964 Lower River Road. and is more specifically described in Exhibit A. 3. The parcel contains approximately 282 acres and is a conforming size parcel in the AFR-10 zone district. 4. The Hearing Officer considered this application at a duly noticed public hearing on August 29. 2006, at which time evidence and testimony were presented with respect to this application. The application was then continued to September 6, 2006 for a site visit and further discussion. The application was continued again to September 19, 2006. 5. The Applicant submitted a complete application prior to July 6. 2006, therefore, the application is being considered pursuant to the 1994 Land Use Code. as amended. 6. The Hearing Officer finds that the proposed building envelopes are located on slopes of less than --10C-2. and that the wildfire hazard is rated as low and can be ,mitinated. 7. The Hearing Officer further finds that the property is included on the Pitkin County Historic Inventory, and, therefore, is eligible for one additional dwelling unit of up to 5,750 square feet of floor area . exempt from Growth Management as provided for in Pitkin County Land Use Code Section 9-11(1- 043. NOW THEREFORE BE IT RESOLVED by the Hearing Officer that it does hereby approve the Dan Family Partnership 1041 Hazard Review, Special Review & GM it S Exemtion for Ives ior Preservation of Historic Structures, Development Utilizing TDRs for Additional Floor Area & aeCtDU, and a GMQS Exemption for a Replacement Unit, subject to lie billowing conditions. which shall run with the land and he binding on all successors in interest. J. Prior to submission of any future building permit ;,1,piic;;to,n•.. the Applicant shall he required u, submit for approval by the County Attorney and C „n;nuffin Development, ;, Site Plan in accurd;uic: with Land Use Code Section 5-7(1-(140 which ,h:,11 ric;ul : the en elopes. The above referenced approvals shall he a condition precedent to fin;,lv::;i,u, .;r,t Ice ordatinn. 2. Prior to issuance of any building permits for lily ;i , ,a..I., �-. ihl: /+Irllhcml (Walk 13 529605 si f;r„r,F; I�I,;ccrl�rlcrminutn,nNr, ,.21/OG 11W!!liii!III11 III!1111111111111111!!!!11111 III!Ill! P0909/20; !, ITKIH COUNTY co R 0.00 D 0.0f A. Complete a fireplace/wuodstove registration form with the Community Development Department, if necessary. 13. Obtain a County access/driveway permit. C. Submit a drainage and erosion control plan for review and approval by the County Engineer. D. Submit a construction management plan for review and approval by the County Engineer showing the locations of staging, material storage and employee and construction traffic parking. E. Pay the applicable road and housing impact fees. 3. The Applicant shall comply with the following to mitigate impacts on wildlife: A. Dogs shall be prohibited. Notwithstanding the prohibition set forth herein, the dog known as Bacchus, that is presently owned by the applicant's caretaker, may remain on the property as long as the applicant retains ownership of either Lot. B. Prior to issuance of any building permits on either Lot, the Applicant shall provide a fencing plan for areas to the north of the Rio Grande Trail. Any fencing outside of the building envelopes shall comply with the wildlife fencing standards in the Land Use Code. Prior to the issuance of a building permit, the Applicant shall upgrade existing fencing on the parcel to Pitkin County and CDOW standards. C. Install and use approved bear-proof trash containers as required by the County. D. Maintain native vegetation outside of the building envelope. E. Avoid fruit-bearing trees and shrubs in any landscaping. Haystacks shall be fenced with 8' mesh game-proof fencing. • F. No riparian or wetland vegetation shall be damaged or removed as per Section 3-80.80(G)(3) of the Land Use Code. 4. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around all structures. B. Spacing between clumps of brush and vegetation within the 30 foot perimeter shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall he from the edges of the crowns of the fuel. C. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. D. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the • edges of the crowns. E. All branches that extend over the roof eaves shall he trimmed and all branches within 15 feet of the chimneys shall he removed. F. Um' vegetation (less than 6 inches in height) shall he maintained within a 10 foot perimeter around all structures. G. The Applicant shall he respom.ible for the continued maintenance of the defensible space vegetation requirements. . The Applicant :.hall comply wtil the If iL ...iii; ;uhltoonal wildfire rnitieation :.tandard: : /g Page Officer Determination No �{ - OOr' I VVIII IIII III 0 v�6�c�r(/�C 3 s C v05 CRUDILL PITH IN COUNTY CO R 0.00 0 0 00 A. Roofs shall he constructed with a (Jas, A. roof covering or a Class A assembly as defined in the International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) MI roof coverings shall he noncombustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) MI roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline,such as parapets, shall he prohibited. 4) Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5) MI roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. B. Vents shall be screened with corrosive resistant wire mesh with mesh '/4 inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. MI flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Swimming pools or ponds shall be accessible to Fire Department vehicles. G. Fences shall be kept clear of brush and debris. H. Wood fences shall not connect to the structure. I. Fuel tanks shall be installed underground with an approved container. J. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for '_ hour fire- resistive construction on the exterior side of the walls. K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. L. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. M. New utility lines shall be buried within the driveway. 6. No development, including grading, excavation. fill placement, perming, landscaping, vegetation removal or disturbance or septic system shall occur outside of the approved buildinejdevelopment envelope, with the exception of required wildfire mitigation and the consistent uses allowed per the conservation easement as outlined on paces 8 and q of the recorded easement (Reception No. 410590) MI structures must he located within the desicnatcd building envelopes, including hay barns. 7. Prior to commencement of any earthmo•,'ing flu com.truction activity, the Applicant shall stake the corners of the building and other envelopes, ;Intl In•,tall construction fencing around the perimeter (.; the envelopes. The fencing shall remain in place or the duration of the construction. 8. The Applicant shall comply with all code.. ;Intl : u,:nv;ne:np. nl the Basalt Rural Fire P«Hcelioe Iii .:I r. A sprinkler system shall be installed in all :e•.Itb.•;:u:ii rim nue.. if required by the District. 9. All areas disturbed by construction : hail is completion. n one growing :.canon of the pr ,I,,•,.• /l Page 4 Officer Determination No. -2(1(16 II�IIII II IIIIII Iii VIII HI IIIii I I II I IIII IIII 09 9605 03: IN COUNTY CO R 0.00 D 0.00 10. The caretaker dwelling unit on Lot 1 (Wheatley Schoolhouse) shall he limited to 1,000 net livable square feet and the kitchen shall contain a minimum of a two burner stove with oven, standard sink, and at least a 6 cubic foot refrigerator plus freezer. A minimum of one off-street parking space shall be provided for the•unit. 11. Prior to submission of any building permits for the caretaker unit, the Applicant shall obtain and the • Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall he submitted to the Housing Office with the deed restriction. 12. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Housing Office shall inspect the unit. 13. Prior to the issuance of a Certificate of Occupancy, the Applicant shall construct a minimum 5,000 gallon water storage tank (or other approved storage mechanism) within 100 feet of the principal residences, and they shall be accessible through the use of a hydrant meeting the policies of the Basalt and Rural Fire Protection District (B&RFPD). All structures shall be sprinkled. 14. The driveway access to the building envelope shall be a minimum width of 16 feet with an all weather surface capable of handling the imposed loads of a 60,000 lb. fire apparatus. 15. The exterior of the residence shall be finished in the natural earth tones of the immediate vicinity- as represented in the application. Roof and siding materials shall be non-reflective. Color and material samples shall be provided to Community Development for approval prior to issuance of building permits. 16. Lot 1 shall be granted the right to utilize a TDR to go to a maximum of 8,250 square feet, excluding the existing historic structures, as defined by the Code at the time, per this approval, and with no further review. If the Applicant requests to exceed the 8,250 sq. ft. limit on It 1, then the Applicant shall be required to utilize an additional TDR or additional TDRs and to submit a Site Plan Review pursuant to Sections 2-30-20.g.2 (Site Plan), 7-10-50(Site Plan), 7-20-20.e(Grading), 7-20-30(Water Courses and Drainage), 7-20-1200 & e) (Standards for Scenic View Protection Areas), 7-20-130 (Landscaping and Vegetation Protection) of the new Code adopted on July 5, 2006. Notwithstanding the language in 7-20-30, the requirements of 7-20-40 and 7-20-80 and Table 5.1, as it relates to stream set backs, shall not apply to this review. As part of the Review, the Applicant shall submit a landscaping plan and architectural renderings. Under no circumstances shall the floor area on the Lot exceed 13,250 square feet, not including exempt barns, but including existing historic structures. 17. The new residence on Lot 2 may he constructed to 5,750 square feet, not including exempt barns or the existing historic structures. Lot 2 shall he wanted the right to utilize a TDR to go to a maximum of 8,250 square feet, including the existing historic structures, as defined by the Code at the time, per this approval, and with no further review. If the Applicant requests to exclude the historic structures from the previous limitation or to exceed the 8,25(1 sq. ft. limit on lot 2, then the Applicant shall be required to utilize an additional TDR and to submit a Site Plan Review pursuant to Sections 2-30- 20.g.2 (Site Plan), 7-10-50 (Site Plan), 7-20-20.e (Grading), 7-20-30 (Water Courses and Drainage), 7- 20-120(d & (2) (Standards for Scenic View Protection Areas), 7-20-130 (Landscaping and Vegetation Protection) of the new Code adopted on July 5, 2006. Notwithstanding the language in 7-20-30, the !lcurur! Officer Uctcrminuriun No. -2006 IIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 529605 !'age.S 1r,u1CC r VOS CAUDILL PITKIN COUNTY CO O.e P0/303/200G ©� ;J1 D 0 00 requirements of 7-20-40 and 7-20-80 and Table .1,-.l, as it relates to stream setbacks, shall not apply to this review. As part of the Review, the Applicant shall submit a landscaping plan and architectural renderings. Under no circumstances shall the floor area on the Lot exceed 10,750 square feet, not including exempt barns and historic structures. 18. At time of building permit submittal for either Len. Applicant shall submit to Community Development executed, irrevocable certificates of TDRs and a recorded deed evidencing the sale or transfer of the certificates to the Lot owner. 19. Prior to the submission of a building permit the Applicant shall record a covenant in a form acceptable to the County Attorney in which the Applicant aerees to maintain the historic structures and limits future expansion of the historic structures. 20. Prior to the issuance of a building permit, the Historic Preservation Officer of Pitkin County shall review the location of the new structures as they relate to the Historic buildings. 21. Prior to the submittal of a building permit, the Applicant shall amend the Conservation Easement through the appropriate Board approvals to reflect the amended building envelope for Lot 2. 22. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. 23. The Applicant shall adhere to all material representations made in the application and shall consider those representations to be conditions of approval, unless amended by other conditions. 24. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 2468_105. The statutory vested rights granted herein shall expire on September 29, 2009. • • Hearing Officer Determination No.`7-2-2006 Page 6 II II II III I II I II II II II II 10/09/2006 03:51 JANICE K VOS CPUDILL PITKIN COUNTY CO R 0.00 0 0.00 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 23'd day of July, 2006. APPROVED AND ADOPTED this 19th day of September,2006. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the 15 day of(LT , 2006 COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO ATTEST: HEARING OFFICER OF PITKIN COU , COLORADO r. . • � I*Mkt Lonnie Waechtler, Administrative Assistant R. True, Hearing Officer Date: o D (� APPROVED AS TO FORM" APPROVED AS TO CONTENT: c Jahn El . r iI L C4 Cuu \u Cindy Houben, Community Development Director Case #P087-06 PIDit246726200002 /S IBM nmE111111 11111111iiln1111111111111111111 age: 7006 03:33 JANICL K VOS CAUDILL PITKIN COUNTY CO R 0.00 0 0.00 Our Order No: Q387183 LEGAL DESCRIPTION PARCEL I: TRACT 73 (ALSO KNOWN AS DESCRIBED AS LOTS 5 AND 6), LOTS 14, 15, 16, SECTION 26, AND TRACT 73 (ALSO DESCRIBED AS LOT 6) AND LOTS 15 AND 16, SECTION 27, TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOGETHER WITH ALL DITCHES, DITCH AND WATER RIGHTS APPURTENANT THERETO. EXCEPTING THAT CERTAIN TRACT OF LAND LOCATED IN SECTION 26. BEING A PART OF TRACT 73. IN TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE CORNER 4 OF TRACT 72. TOWNSHIP 8 SOUTH, RANGE 86 WEST(WHICH IS A BRASS CAP MARKED TR73: AP4 TR72; S26: 1928) BEARS SOUTH 76 DEGREES 36'30 EAST 1554.97 FEET; THENCE SOUTH 89 DEGREES 44' WEST 207.15 FEET: THENCE NORTH 6 DEGREES 10' EAST 129.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF A ROAD; THENCE SOUTH 87 DEGREES 27' EAST 190.15 FEET ALONG SAID RIGHT-OF-WAY LINE; THENCE SOUTH 1 DEGREES 36' EAST 118.86 FEET TO THE POINT OF BEGINNING. EXCEPTING HEREFROM ALL EASEMENTS AND RIGHTS OF WAY OF RECORD AND THE TRACT OF LAND ENCLOSED AND USED FOR CEMETERY PURPOSES KNOWN AS THE "WHEATLEY CEMETERY;" TOGETHER WITH A STRIP OF LAND TEN FEET WIDE ON THE NORTH SIDE AND A STRIP OF LAND TEN FEET WIDE ON THE SOUTH SIDE OF THE FENCES ENCLOSING SAID CEMETERY, BEING A TRACT OF LAND APPROXIMATELY 50 FEET BY 35 FEET. AND A PRIVATE RIGHT-OF-WAY 15 FEET IN WIDTH TO AND FROM SAID CEMETERY EXTENDING FROM THE SOUTH SIDE OF SAID CEMETERY TO THE COUNTY ROAD. EXCEPTING A RIGHT-OF-WAY AS MAY BE NECESSARY TO DRIVE CATTLE FROM THE COUNTY ROAD NORTHERLY ALONG THE COURSE OF WHEATLEY GULCH TO THE U.S. FOREST LAND LYING NORTHERLY OF SAID DESCRIBED PROPERTY. PROVIDING, HOWEVER. THE USE OF THIS EASEMENT SHALL BEd LIMITED TO THE DRIVING OF RANGE CATTLE ONTO SAID FOREST LAND. AND TO USES INCIDENTAL THERETO, AND PERTAINING TO THE CARE OF SAID CATTLE DURING THE TIME THEY MAY BE PASTURED ON SAID RANGE. ANDELAURENT ARB NEY, JR., IN THAT CERTAINN DEED OF CONVEYANCE OF SAID ABOVEEY, DESCRIBED PROPERTY DATED DECEMBER 12. 1959. AND A PARCEL OF LAND SITUATED IN TRACT NO 72 OF SECTION 26, TOWNSHIP 8 SOUTH. RANGE 86 WEST OF THE SIXTH PRINCIPAL .MERIDIAN LYING SOUTHERLY AND EASTERLY OF THE TRACT LINE AND NORTHERLY OF THE CENTER OF THE ROARING FORK RIVER. SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS. BEGINNING AT AN IRON POST WITH A BRASS CAP IOU 7f) IN PLACE AND PROPERLY MARKED FOR ANGLE POINT NO. 3 OF SAID TRACT NO 72 At:.0 RUING ANGLE POINT NO 4 OF TRACT NO. 73 IN SAID SECTION 26: /1j I 11111111111111111111111011111111111 68 2Lh51 ;6JANICE K a CADILL n,RIw COIMTT CO R tee o O.n • ....:�f?',• Our Order No: Q387183 '::f; " LEGAL DESCRIPTION THENCE SOUTH 21.0.00 FEET TO A POINT IN THE CENTER OF SAID RIVER; THENCE NORTH 44 DEGREES 00'00' WEST 70.18 FEET ALONG THE CENTER OF SAID RIVER; • THENCE NORTH 73 DEGREES 12'00' WEST 141.98 FEET ALONG THE CENTER OF SAID RIVER TO A POINT ON SAID TRACT LINE: THENCE NORTH ALONG SAID TRACT LINE, 120.00 FEET TO ANGLE POINT 4 OF SAID TRACT 72; THENCE SOUTH 89 DEGREES 31'44' EAST 184.68 FEET ALONG SAID TRACT LINE TO ANGLE POINT NO. 3 OF SAID TRACT NO. 72. THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO. PARCEL 2: A TRACT OF LAND LOCATED IN SECTION 26, AND REIGN A PART OF TRACT 73. IN TOWNSHIP 8 SOUTH. RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE CORNER 4 OF TRACT 72.TOWNSHIP 8 SOUTH, RANGE 86 WEST(WHICH IS A BRASS CAP MARKED TR73;AP4 TR72;S26: 1928) BEARS SOUTH 76 DEGREES 36'30• EAST 1554.97 FEET; THENCE SOUTH 89 DEGREES 44' WEST 207. 15 FEET; THENCE NORTH 6 DEGREES 10' EAST 129.00 FEET TO TIIE.SOUTH RIGHT-OF-WAY LINE OF A ROAD; - THENCE SOUTH 87 DEGREES 27' EAST 190.15 FEET ALONG SAID RIGHT-OF-WAY LINE; THENCE SOUTH I DEGREES 36' EAST 118.66 FEET TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO. EXCEPTING FROM PARCELS 1 AND 2 THE PROPERTY DESCRIBED IN INSTRUMENTS: RECORDED MAY 19, 1997 UNDER RECEPTION NO. 404569 RECORDED MAY 20, 1999 UNDER RECEPTION NO. 431355 RECORDED JANUARY 12, 2001 UNDER RECEPTION NO. 450525. 111, HIIII 01II 1C1O1UNT IIMIIIIIIIII ag o:206;08 :40 COtnjn 'Y(SDXVacPrrtu 537125 •