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HomeMy WebLinkAboutbocc.con.244.2013 6 N 11' ACT# (� 7T o1a/3 • RECEPTION#: 602571, 08/16/2013 at 1V 77 OO 09:40:38 AM, 1 OF 29, R $151.00 Doc Code EASEMENT Janice K. Vos Caudill, Pitkin County, CO AMENDMENT TO THE DEED OF CONSERVATION EASEMENT FOR THE DART FAMILY PARTNERSHIP LTD. PROPERTY • This AMENDMENT TO THE DEED OF CONSERVATION EASEMENT ("Amend e ito the Conservation Easement") is made and entered into this 1 SSG,day of �U ,4 (-2449;by and between the DART FAMILY PARTNERSHIP LTD. , a Colorado limited partnership ("Grantor") and the BOARD OF COUNTY COMMISSIONER OF PITKIN COUNTY ("the County") AND THE PARK TRUST LIMITED d/b/a The ASPEN VALLEY LAND TRUST (AVLT) as co-grantees (AVLT and the County are • hereinafter collectively referred to as the "Grantee"). This Amendment to the • Conservation Easement is to clarify the original DEED OF CONSERVATION EASEMENT dated May 14, 1997 and recorded November 13, 1997 at Reception Number 410590 with the Pitkin County Clerk's,Office with an exhibit map and to further • restrict the property with a limit on home size for the two existing lots. • RECITALS WHEREAS, the DART FAMILY PARTNERSHIP LTD., Grantor, is the record • owner of the certain real property located in Pitkin County, Colorado, consisting of 276 acres, more or less, which is more fully described in Exhibit A attached hereto and • incorporated by this reference (the "DART PROPERTY"); and WHEREAS, there is a DEED OF CONSERVATION EASEMENT recorded at Reception Number 410590 with the Pitkin County Clerk and Recorder's Office (DEED OF CONSERVATION EASEMENT) which this document amends; and • WHEREAS, the original DEED OF CONSERVATION EASEMENT • contemplated modifications of the Dart Property development envelopes as part of the Pitkin County approval process, therefore this AMENDMENT of the DEED OF CONSERVATION EASEMENT is required and was anticipated as part of that original DEED OF CONSERVATION EASEMENT; and WHEREAS, the Modification to Building Envelope for Parcel 2 Development Parcel 2 (see Exhibit B) Envelope of Dart Parcel: Wheatley Tracts �"'' � ( clearly depicts a 1.464 acre area to removed from the building envelope for Parcel 2 and a 1.464 acre area to be added to the building envelope for Parcel 2. Said map is aloe- . ^.... _ c` 1l.\nn • WHEREAS, the modification proposed in Exhibit B is consistent with the modifications to the Dart property development envelopes contemplated in the original DEED OF CONSERVATION EASEMENT recorded at Reception Number 410590 with • the Pitkin County Clerk and County Recorder's Office; and • WHEREAS, there is also a DEVELOPMENT AGREEMENT for the Dart Property approving certain development parameters for the Dart Property; and WHEREAS, there is a Wheatley Tracts Subdivision Exemption Plat A.K.A Dart Family Partnership Parcel (see Exhibit C); a 1041 Hazard Review Site Plan For: Wheatley Tract 1 A.K.A as Dart Family Partnership 1041 Hazard Review approved and recorded by Pitkin County(see Exhibit D); 1041 Hazard Review Site Plan For: Wheatley Tract 2 A.K.A as Dart Family Partnership 1041 Hazard Review (see Exhibit E); and • WHEREAS, this amendment is more restrictive than the DEED OF CONSERVATION EASEMENT which this is amending; and • WHEREAS, this amendment does not confer benefit to the Owner, but instead provides a restriction on the total floor area of the improvements which can be developed • within the building envelopes on each of the two lots on the Dart Property. • CONVEYANCE NOW, THEREFORE, for and in consideration of the facts recited above and of . the mutual covenants contained herein, the Grantor hereby modifies through this Amendment, the recorded DEED OF CONSERVATION EASEMENT for the Dart • Property with the addition of the following: 1. Paragraph 5 of the DEED OF CONSERVATION EASEMENT is amended to include the following. The single family development in the building envelopes 1 and 2 • shall each be limited in size to 8,250 square feet of floor area, calculated at time of building permit pursuant to the Land Use Code as further defined in the development approvals granted by 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, Determination No 42-2006 recorded at Reception # 529605 (see Exhibit F) and Determination of the Hearing Officer of the Community Development Department of Pitkin County, Colorado, Amending • Determination No. 42-2006, 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, Determination No. 10-2007 recorded at Reception # 537126 (see Exhibit G). However, Grantor shall have the right to apply for a larger home size within either. building envelope. Such a request will be reviewed pursuant to applicable Land Use Code criteria. This ability resides with the Grantor, its successor, assigns or any other legal entity in legal ownership or possession of the property. If a residential dwelling unit larger than 8,250 square feet (excluding the floor area of the historic structures) is. approved for either building envelope then the resulting total residential floor area for • • building envelopes 1 and 2 may not exceed a combined total of 15,000 square feet . • (excluding the floor area of the historic structures). 2. The legal description attached as Exhibit A to the DEED OF CONSERVATION EASEMENT is replaced by Exhibit A hereto. The maps attached to the DEED OF CONSERVATION EASEMENT labeled as Exhibit B are hereby replaced with Exhibits • B, C, D and E hereto to effectuate the following changes; 1) to more accurately depict the property boundaries; and 2) to modify the boundaries of Building Envelope 2; and 3) to recognize that the resulting boundaries of the parcels created by the subdivision • contemplated in Paragraph 5 of the DEED OF CONSERVATION EASEMENT. 3. Except as expressly provided herein, no other modifications or amendments to the DEED OF CONSERVATION EASEMENT are implied or intended herein. . IN WITNESS WHEREOF, GRANTOR AND GRANTEE have executed this Amendment to the DEED OF CONSERVATION EASEMENT as of the day and year first above written. ATTEST: GRANTEE: BOARD OF COUNTY `•\ • COMMISSIONERS / OF PITKIN CO TY, • AI QJCOLORADO .el% Jeanette Jones 1 Chairm.n, BO C Deputy Clerk and'Recorder DATE: ;� ]e APPROVED AS TO FORM:` A61/4 &2N( County At orn yV COMM- J Lfcn � rt Jn e��r CA n • RECOv1 END I F!1 " ' ' OVAL: Dale ill, Chief Executive Officer Open Space and Trails • 3 APPROVED AS TO CONTENT: €441) Chair, Open Space and Trails o.rd of Trustees /14(0k 6.re&nicuil GRANTEE: PARK TRUST, LTD D/B/A ASPEN VALLEY LAND TRUST: By:. ,; L./ l/il.•/ /ado-- • President GRANTOR DART FAMILY 'A'TNERSHIP LTD. A COLORA R O IM ED PARTNERSHIP By: / Y° Paul Dart as General Partner of Dart Family Partnership Ltd. STATE OF COLORADO • COUNTY OF Boulder ff The foregoin in t w strumenas acknowledged before me this 1 day of C./ , 2009 by -Nit_W •CJAtiT General partner of the Dart Family Part nership, a Colorado Limited partnership. Witness my hand and official seal. • My commission expires: / • NOTARY PUBLIC • And B� !i4 Ate is Janneli C. Dart as General Partner of Dart Family Partnership Ltd. • STATE OF COLORADO . COUNTY OF Boulder JEAN A. WOOD NOTARY PUBLIC ,STATE OF COLORADO, My Comniisslon Expires 08/28/2412 • The foregoin.gJnstrument was acknowledged before me this '7 day of 44..../ , 2009 by JT;;, Lc../. ij 6A..1 . General partner of the Dart Family Partnetship, a Colorado Limited partnership. Witness my hand and official seal. My commission expires: c ; -if'-—76/ JEAN A. WOOD NOTARY PUBLIC ( / 00 S 7 TATE OF COLORADO `/ciif f)C/' My Commission Expires 06/2 0 NO •ARY PUBLIC Y f And B : , -2---- Peter J. Dart as General Partner of Dart Family Partnership Ltd. STATE OF MONTANA COUNTY OF MISSOULA It This instrument was acknowledged before me on -rile<c( II- , 2009 by Peter J Dart as General Partner of Dart Family Partnership, LTD. S�!-_-_r , nR .t t/ . `A 4 pool. (type or print name) acQO..' ' '^�,�,'l�,, SABRINA PETTY �`� NOTARY POBLIGAIONTANP *1NOTARIALj*`_ Notary public for the State of Montana _ SEAL p = Res!d ng aI Mlssoulz.MOn xna °:V �GF My comm.EsPires l 0 1(2 0 i3 ��FKlo,.•°• Residing at 'yY)ssoLA a MuP-I-U/Nc& My commission expires re,I)In Jo, ry -"I 123 0 1 List of Exhibits A: Dart Family Partnership LTD. Legal Description B: Modification to Building Envelope for Parcel 2 Development Envelope of Dart , Parcel: Wheatley Tracts Parcel 2 C: altitgetainte Wheatley Tracts " _ >AP la A.K.A. Dart Family Partnership Parcel • • • D: 1041 Hazard Review Site Plan For: Wheatley Tract 1 A.K.A as Dart Family Partnership 1041 Hazard Review E. 1041 Hazard Review Site Plan For: Wheatley Tract 2 A.K.A as Dart Family Partnership 1041 Hazard Review F. 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, Determination No 42-2006 recorded at Reception # 529605 G. Determination of the Hearing Officer of the Community Development Department of Pitkin County, Colorado, Amending Determination No. 42-2006, 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, Determination No. 10-2007 recorded at Reception # 537126 • Saved as: Dart Amendment to Conservation Easement with Dale's Changes April 21,2009 Changes • • • Exhibit A 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°3720" 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°4521" 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°3620" 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; 1 • �_==° °�`=-.;="- WHEATLEY TRACTS � y 1� =_ L. 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' ¢C�i a e,,1 1 . tG Ac __ __ - -... ;_2, 4411 .....e_.,a .,�,".w. ..<- �J � e • "n 1441 , 4¢ra-Jc---,sr--... ,2,e u[a4a„m n,[vm m mnur.o[.44..,u n< M�."nr ... 4444. ___..,_.«.___� • b r t II II II III I II I I II II I I 10/09 Page:60 f 8 51 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 • 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 Determination No.H -2006. • RECITALS 1. Dart Family Partnership("Applicants") have applied to the Pitkin County Hearing Officer("Hearing Officer") for 1041 Hazard Review, Special Review & GMQS 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 30%, and that the wildfire hazard is rated as low and can be mitigated. • 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 9-110- 043. NOW THEREFORE BE IT RESOLVED by the Hearing Officer that it does hereby approve the Dart Family.Partnership 1041 Hazard Review, Special Review &GMQS Exemption for Incentives for Preservation of Historic Structures, Development Utilizing TDRs for Additional Floor Area &a CDU, and a • GMQS Exemption for a Replacement Unit, subject to the following conditions, which shall run with the • land and be binding on all successors in interest. 1. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development, a Site Plan in accordance with Land Use Code Section 5-70-040, which shall depict the envelopes. The above referenced approvals shall be a condition precedent to finalization and recordation. 2. Prior to issuance of any building permits for the new residence, the Applicant shall: • • f3 • Hearing Officer Determination No.4;-2006 �I (I II III I I II NI II 529605 Page: o 10/09/2006 r 8 03:51 Page 3 JPNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 A. Roofs shall be constructed with a Class 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) All roof coverings shall be 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) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5) All 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 1/4 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. All 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 2 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,berming, landscaping, vegetation • removal or disturbance or septic system shall occur outside of the approved building/development envelope,with the exception of required wildfire mitigation and the consistent uses allowed per the conservation easement as outlined on pages 8 and 9 of the recorded easement (Reception No. 410590). All structures must be located within the designated building envelopes, including hay barns. 7. Prior to commencement of any earthmoving or-construction activity, the Applicant shall stake the corners of the building and other envelopes and install construction fencing around the perimeter of the envelopes. The fencing shall remain in place for the duration of the construction. • 8. The Applicant shall comply with all codes.and requirements of the Basalt Rural Fire Protection District. A sprinkler system shall be installed in all residential structures if required by the District. 9. All areas disturbed by construction shall be revegetated within one growing season of the project's completion. . • • Hearing Officer Determination No. 41-2006 I I VIII IIII II.1 a e960 a 8 TY CO R 0.00 03,51. Page 5 0 0.00 • requirements of 7-20-40 an d 7-20-80 and Table 5.1, 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 Lot, 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 agrees.to maintain the historic structures and limits future expansion of the historic structures.Applicant. agrees. 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., § 24-68-105. The statutory vested rights granted herein shall expire on September 29, 2009. . • • • • • • II II II III WI II �� II II II :7 6 03:51 • JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 Our Order No: Q387183 LEGAL DESCRIPTION PARCEL 1: 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 BE 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. EXCEPTING THE MINERAL INTERESTS RESERVED BY FIERMAN ARBANEY, ALEX F. ARBANEY, AND LAURENT ARBANEY, JR., IN THAT CERTAIN DEED OF CONVEYANCE OF SAID ABOVE 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 FOUND IN PLACE AND PROPERLY MARKED • FOR ANGLE POINT NO. 3 OF SAID TRACT NO. 72 ALSO BEING ANGLE POINT NO. 4 OF TRACT NO. 73 IN SAID SECTION 26; I 111111111111111111111111111111111111111111111111111111 04/32 20076 02:4 @� JANICE CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 • • l 1 • I I II III 1 1111 II II I I p51:2,.0168200.05,8 03:51 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 Our Order No: Q387183 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 3I'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 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. • 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. • III II II IIII I III II II I I II Page:/I2000777 02:40 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 • COMMUNITY DEVELOPMENT 537126 RTTN BONNIE 1CO 04/27/Z200:.6 0:2:40 DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY,COLORADO,AMENDING DETERMINATION NO.42- 2006,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 Determination No.JO-2007 f4 RECITALS to 1. Dart Family Partnership("Applicant")has applied to the Pitkin County Hearing Officer("Hearing Officer")to amend Hearing Officer Determination No.42-2006. S 2. The parcel is located at 0964 Lower River Road,and is more specifically described in Exhibit A. N 0 3. The parcel contains approximately 282 acre:, and is a conforming size parcel in the AFR-10 zone --i' 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 0 then continued to September 6,2006 for a site visit and further discussion. The application was continued again to September 19,2006. 1_ icy 5. The parcel received Hearing Officer approval pursuant to Determination No. 42-2006. The Applicant then timely appealed the determination to the BOCC. At its regular meeting of January 10, 2007,the BOCC made a finding"that the Hearing Officer abused his discretion in making a decision inconsistent with the Code...in the way he allocated the square footage and allocated TDRs with regard to that square footage." The BOCC motioned to send the application back to the Hearing Officer,"WITH THE DIRECTION that he(Hearing Officer)needs to consider on EACH parcel protection of the historic structures,maintenance of the historic structures and additional unit of 5,750 plus the use of one TDR to go to a maximum of 8,250 on EACH lot, subject to staffs review of site planning because of the sensitive nature of the site." NOW THEREFORE BE IT RESOLVED by the Hearing Officer that it does hereby amend Hearing Officer Determination No. 42-2006, the Dart Family Partnership 1041 Hazard Review,Special Review&GMQS Exemption for Incentives for Preservation of Historic Structures,Development Utilizing TDRs for Additional Floor Area&a CDU,and a GMQS Exemption for a Replacement Unit,as follows: 1. 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. 2. The Applicant shall comply with the provisions of the Hearing Officer Determination No. 42-2006 unless otherwise replaced or amended by the conditions of this approval. 3. Condition Number 16 shall be amended to read: "Lot 1 shall be granted the right to utilize a TDR to go to a maximum of 8,250 square feet as defined by the Code at the time. However, in order to utilize a TDR on Lot I, applicant shall be required to submit for review and approval 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 (IIII II 111111111 I III e/7200703:18 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 ' 0 0.00 g/ 111111111111111111 gill 1111111111I�����I� �� 537 2 06 ez:4e CO R 0.00 D 0.00 Hearing Officer Determination No. 10-2007 Page 2 (Water Courses and Drainage),7-20-120(d&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.The calculation of floor area shall not include the historic structures." 4. Condition Number 17 shall be amended to read: "Lot 2 shall be granted the right to utilize a TDR to go to a maximum of 8,250 square feet as defined by the Code at the time. However, in order to utilize a TDR on Lot 2,applicant shall be required to submit for review and approval 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&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.The calculation of floor area shall not include the historic structure." 5. 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., § 24-68-105. The statutory vested rights granted herein shall expire on April 3,2010. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 18th day of February, 2007. APPROVED AND ADOPTED this 3rd day of April,2007. PUBLISHED AFTER ADOPTION FOI,VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on thea,day of VESTED COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY,COLORADO ATTEST: HEARING OFFICER OF PITKIN COU Y, COL.ORADO Casawb 06094 • Bonnie Waechtler, Ames R. True, Administrative Assistant Hearing Officer • Date: N/3 /e) �7 / Case#P087-06 PID#246726200002 • 536716 1111111111\1111\\11115!__II04/17/0 00 3.18 JANICE K VOS CAUDILL PITKIN ... _ ..,.... .. • • II II II III I 1111 II II II II 00/96©of 8 6 03:51 JPNICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 Our Order No: Q387183 LEGAL DESCRIPTION PARCEL 1: 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 PRING1PAL 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 BE 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. • EXCEPTING THE MINERAL INTERESTS RESERVED BY FIERMAN ARBANEY, ALEX F. ARBANEY, • AND LAURENT ARBANEY, IR., IN THAT CERTAIN DEED OF CONVEYANCE OF SAID ABOVE 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 FOUND IN PLACE AND PROPERLY MARKED FOR ANGLE POINT NO. 3 OF SAID TRACT NO. 72 ALSO BEING ANGLE POINT NO. 4 OF TRACT NO. 73 IN SAID SECTION 26; • ,3 LA .r ,,c ■'1 rr-ef1 T 6--537126 I IIIIII VIII�II�II�IIII IIIIIIIIII IIIII�I III II II I�I f0II Page: / 02:40 DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY,COLORADO,AMENDING DETERMINATION NO.42- 2006,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 Determination No./Q-2007 RECITALS t0 1. Dart Family Partnership("Applicant")has applied to the Pitkin County Hearing Officer("Hearing n Officer")to amend Hearing Officer Determination No.42-2006. S 2. The parcel is located at 0964 Lower River Road,and is more specifically described in Exhibit A. VI O 3. The parcel contains approximately 282 acre:.and is a conforming size parcel in the AFR-10 zone —h district. 1. 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 O then continued to September 6,2006 for a site visit and further discussion. The application was CV continued again to September 19,2006. al5. The parcel received Hearing Officer approval pursuant to Determination No.42-2006. The Applicant then timely appealed the determination to the BOCC. At its regular meeting of January 10, 2007,the BOCC made a finding"that the Hearing Officer abused his discretion in making a decision inconsistent with the Code...in the way he allocated the square footage and allocated TDRs with regard to that square footage." The BOCC motioned to send the application back to the Hearing Officer, "WITH THE DIRECTION that he(Hearing Officer) needs to consider on EACH parcel protection of the historic structures, maintenance of the historic structures and additional unit of 5,750 plus the use of one TDR to go to a maximum of 8,250 on EACH lot, subject to staff's review of site planning because of the sensitive nature of the site." NOW THEREFORE BE IT RESOLVED by the Hearing Officer that it does hereby amend Hearing Officer Determination No. 42-2006, the Dart Family Partnership 1041 Hazard Review,Special Review&GMQS Exemption for Incentives for Preservation of Historic Structures,Development Utilizing TDRs for Additional Floor Area&a CDU, and a GMQS Exemption for a Replacement Unit,as follows: . 1. 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. 2. The Applicant shall comply with the provisions of the Hearing Officer Determination No. 42-2006 unless otherwise replaced or amended by the conditions of this approval. 3. Condition Number 16 shall be amended to read: "Lot 1 shall be granted the right to utilize a TDR to go to a maximum of 8,250 square feet as defined by the Code at the time. However,in order to utilize a TDR on Lot I,applicant shall be required to submit for review and approval 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 Iii 11111111111111111111111111111 IF 536716 9 i of 03:ta JRNICE K VOS CRUOILL PITKIN COUNTY CO R 0.00 D 0.00 . t • lluJII"LI1//L/IJJI/J/i i'AL/I 111 1111111IIIII14/11//� N COUNTY co R 0.00 007 02.40[ Hearing Oj�cerDetermination No. )0}2007 o eae Page 2 • (Water Courses and Drainage),7-20-120(d&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.The calculation of floor area shall not include the historic structures." 4. Condition Number 17 shall be amended to read: "Lot 2 shall be granted the right to utilize a TDR to go to a maximum of 8,250 square feet as defined by the Code at the time. However,in order to utilize a TDR on Lot 2,applicant shall he required to submit for review and approval 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 &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.The calculation of floor area shall not include the historic structure." 5. 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., §24-68-105. The statutory vested rights granted herein shall expire on April 3, 2010, NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 181b day of February,2007. APPROVED AND ADOPTED this 3rd day of April,2007. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the2a,day of r(/ 2007. COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY,COLORADO ATTEST: HEARING OFFICER OF PITKIN COU Y,COLORADO Bonnie Waechtler, •ames R.True, Administrative Assistant Hearing Officer Date: y/s/p 7 • Case#P087-06 PID#246726200002 l !& :t0t .IIIIIII10h 1111nuiU \M\0 t a JANICE K VOS CAUDILL PITKIN COUNT • • 1 II II 11 111160'�' II II II 529605 6 03:51 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 Our Order No: Q387183 • LEGAL DESCRIPTION PARCEL 1: 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 PRINGIPAL 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 BE 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. • EXCEPTING THE MINERAL INTERESTS RESERVED BY HERMAN ARBANEY, ALEX F. ARBANEY, AND LAURENT ARBANEY, JR., IN THAT CERTAIN DEED OF CONVEYANCE OF SAID ABOVE 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 FOUND IN PLACE AND PROPERLY MARKED FOR ANGLE POINT NO. 3 OF SAID TRACT NO. 72 ALSO BEING ANGLE POINT NO. 4 OF TRACT NO. 73 IN SAID SECTION 26; LLiJtIIJILIIiLIIII!flIliiIIIJiWiIJJI IIIIIIIII O R 0.00 D 0.00 • • 1 �� If II ,IIl I 111111 ill ii 5 9 9605 03.51 JANICE K VOS CRUDILL PITKIN COUNCO R 0.00 D 0.00 Our Order No: Q387183 • LEGAL DESCRIPTION • • • THENCE SOUTH 210.00 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 BEIGN 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; - - j THENCE SOUTH 87 DEGREES 27' EAST 190.15 FEET ALONG SAID RIGHT-OF-WAY LINE; THENCE SOUTH I DEGREES 36' EAST 118.86 FEET TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO. EXCEPTING FROM PARCELS I 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. • I III Page: 4 1111 I 11111 III IIII II IIIINI 111111111110 04/27/2007 002:40 0 JANICE K VOS CAUDILL PITKIN • • • ) 8/ G i61T B • I MODIFICATION TO BUILDING ENVELOPE FOR PARCEL 2 DEVELOPMENT ENVELOPE OF: r DART PARCEL: WHEATLEY TRACTS SUB. EXEMPTION • PLAT, PARCEL 2 A PARCEL OF LAND SITUATED IN A PORTION OF TRACT 73, • LOTS 15, & 16, SEC. 27 & LOTS 14, 15, & 16 • Ss • • TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO ,SHFFT 1 OF 1 • GRAPHIC SCALE F I . Iw+ml • • • • REMOVE FROM BUILDING ENVELOPE FOR PARCEL 2— ADD TO BUILDING ENVELOPE FOR PARCEL 2 63.776 spit. 63.773 spit_ 1,46+acres _ !_ __- iii r e.Ai4 �^Gysrt444S4ii4344. 4344�4�e44y0�4 _ �� �- �� Lt �6i44i.4w�41i!JN., w r li ��( NT'- arm 6✓ •.i S \ .-\w j i. • i .. ' \te id /--° _= sep=ee/WOO ARIA •rrr p'+'a. - j.... ""- -.E° d _ _— _ _ ___ ___ __ __ _ °mom- \'. _' .. rya _v. - ''''=..._.''''=..._. t M \ / _ �_ �2_ �` / _�-ate- i • 1 SOPRIS ENGINEERING — LLC . CIVIL CONSULTANTS , 502 MAIN STREET, SUITE A3 . w.e, CARBONDALE, COLORADO 81623 �� > =64 (970) 704-0311 ' L oY ' 3 a• 9 s-................a.........-..-.................., WHEATLEY TRACTS �y A.K.A. DART FAMILY PARTNERSHIP PARCEL ...a.. �Y^km,.- "� W:2-I seas"'—• r1.0∎ .`°M Yr:°ro;^11'*,13.1"°„ A PARCEL OF LAND SITUATED IN A PORTION OF TRACT 73. ;o- - E`4 " s" ° Evans LOTS 14, 15, 16, SECTION 26 & LOTS 15, & 16, SECTION 27 "si�n`"14I -^°-°^ 'Lars TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE 6th P.M. ° i X °"sr i' "�,.... m..°.. rte" +,-�,m„ ;®°„�,� - COUNTY OF PITKIN, STATE Of COLORADO �,t „-• `y,-s - p 2_ �� i .sue,. ,t,s . ° 7.., .,gym,. •••• .e,...w.m.mn.mm.. %1S.:8m...•, *� Jr~. ��I a. E ZP _si.....n 7 ..,n ro m %7..17..1.° T °s mnrm nvro an® m...v.r..w muuam,�•m.•.a..®w7v.roz°.r GRAPHIC SCALE Vcm 'Pan u],0 �"N T, IViR% 41 If ° . .....1.77.2..,.. pa.,..,--.--SEC I2..m..e ,..mm. - - �� . m .r .7r F —_ .. 7777 y/ ......m.,..m.... no my ROI.' an n's.r s.,,.G. 1.s5'IEC 29 -•M"�I 'j1I IP ° _ r7,wm ..n tl'1 � -+ ...r. 7777, zk a x., rr ... r r,.,«crro r. I : s GOVER.VME,NT GOVERNMENT m. I GOVERNMENT COVERN.VENT I lini LOT 16 LOT,0 LOT 16 LOT 55 I ' ::., .. .m r.m ,.. ,.7 7 wv ai.,um�....ru..rmv.are.:•mv TRACl66B nom'`mr. I $ as.. ...24...... u.°mv.m mu 7777.. .r.®......,mn.n.,..rrow.m __ mm.... I ,m v..ensaovu,mm roaaa..vumn RAR» �.° r $ s.. ,. `..� SEC[ 27 --__�L_ TRACT �2 .......>.rro,_......,,. ° � ` -'- - _ -c*-e `t-irf , Z Iy� ITR.I7> +` r Mr-77. I..` ° - ' .0'CSC V\ i1 rr Il XO`�`�. ' I0 cavEnNacv� - es�a .aTnmc+c_ t. .,,,,, �+xw - °` era 1:1Y r).. — \vr..nn •.r, .,.I CO LOTIST - OERYNGT LO CF V£ tJ m'✓✓ T'^'.n O tr.,........... vu r•r..m....m WT 1G VT Lrm.R ❑ _I `ro ,,� mum . ,., ITO:°Y°.-°r®7274•7.�a7...r ,• SEC/26�� �,�°• , _ ! 1 .m...°7777 o.,mx w+ ac��....7�.... ...,.....m ........., m rs1. ..1.0191A ..ter I km..puouc.....°f� ..m .i�ri•,• ....•. .........�f -uSOPRIS ENGINEERING-LLC �..,...r...°.,..>s..., ..m,.°..m..s............ 4�� di,- CIVIL CONSULTANTS m^•w^11.11^•••••.,.f i� 7.17..1 ,.2.7.2.... / ---"L/224,,,-•� RBraaBT.surtan .. - m.....r..°y...,,e. ..m... f I.n r.n r_l. — CARBO,ONE COLORADO Olaf PA ma anon us �:n`L'�[7''•.•�pT•� I—...„..,„4.411.4„m„, ®.r] - mini ym_PlO)q.PB— s .. 7.="4.° 47.`7.1 ro.on w rumr.n d.l .�..4itt ! ., �.` ' ,.m.m...se o'•r�7.n 70 °°-.°..., ,. m b ry 1 nis. •■ 1/4....A. I _�_ I, to N e • WHEATLEY TRACTS i A.K.A. DART FAMILY PARTNERSHIP PARCEL e � 1 A PARCEL OF LAND SITUATED IN A PORTION OF TRACT 73, ( • i '"".--.7.7"...7r471��- '°' LOTS 14, 15, 16, SECTION 26 & LOTS 15, & 16, SECTION 27 t , TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE 6th P.M. COUNTY OF PI TKIN, orSTATE OF COLORADO . a- pa _-..'y ry uu T/ e GRAPHIC SCALE Vj 'a nwrwverv..r. `vmnnaa u.avraevrt ....,m eve mrv. ! L Y .....vn I'•Lr....°01,2,.— ur 599'r>. X..O. m.wm.°wr'� I N6621•r] [ r 2578 97 Brave- Y m aa.l' `� ,. 79,p .. /I I ..m.a. r.a. rra mrrwe+ ....mnn.0 -°a•s z.47=Y , °.rm "arr..'" \aA ° WRAP EY TRACT I '\ \,pap • ` . Z rvmo ono (EXCLUDES CEMETARY OUT PARCEL) \\ pvFn SLEY TRACT 2 v • 3.979.366 SO. FT AR- \ [ i I ....▪ ss .vae•e.. 137330 AC. ♦/- \'q 6.06SB11 30 FT a�- r I [m▪ a.vov .�.o.\rc / 1]4 235 AC a7- .. — _ wmc.. ..ore_„� ®a.m. ®o~\I I ° $ .GI• 1 \ r rv_�_r _>-. sy�//__q .PnnrzeleW II / �q arm ,....r ..nwc. � '° pp\ r+..ru \ \• %� 'r nw a aa. .uwa+ �� Vii} Zz 'tea — - .�� I a _ ] x :_.,,��.��� `e � ! `'�` p.n. :L.:7L .. umm . 7 9 . ....w . moo [ . >aro ,yu r • ozx c cwa rv...a w mxwx a _ vwa r u „m n.,, p.m. a ° 7n —__ on 0 4 kaml wu ,nt'i '—•- °_�� VY37E w.[ .�rM u¢x 0.°,,,- SOPRIS ENGINEERING-LLC .' - ' CIVIL CONSULTANTS n9,. ..[ °"i 1e14 in ' s WO 04553 luan¢[i.zAmEO no ox mom .9r o« 606646. MM -- ,n .... w,a.rn.,..._,. ==.7.-:'===..•-t=""'” ao w .ra' r 9mlmmir .. �T RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 14 OF 29, Janice K. Vos Caudill, Pitkin County, CO • 1 . c YUb r II II II III I II I Ill I in I II ag96ms 03:91 JANICE K VOS CAUDILL P11(IN COUNTY Co R 0.00 D 0.00 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 Determination No. 2006 RECITALS 1. Dart Family Partnership("Applicants")have applied to the Pitkin County Hearing Officer("Hearing • Officer")for 1041 Hazard Review,Special Review&GMQS 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 she 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 30%, and that the wildfire hazard is rated as low and can be mitigated. 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 9-110- 043. • NOW THEREFORE BE IT RESOLVED by the Hearing Officer that it does hereby approve • the Dart Family Partnership 1041 Hazard Review,Special Review&GMQS Exemption for Incentives for Preservation of Historic Structures,Development Utilizing TDRs for Additional Floor Area&a CDU,and a GMQS Exemption for a Replacement Unit,subject to the following conditions,which shall run with the land and be binding on all successors in interest. 1. Prior to submission of any future building permit applications,the Applicant shall he required to • submit for approval by the County Attorney and Community Development,a Site Plan in accordance with Land Use Code Section 5-70-040,which shall depict the envelopes.The above referenced approvals shall be a condition precedent to finalization and recordation. • 2. Prior to issuance of any building permits for the new residence,the Applicant shall:• • • • • • • 3� RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 15 OF 29, Janice K. Vos Caudill, Pitkin County, CO �/; II II II III I 1 1'1 1 1 1 I II II I I I II 529605 03:51 Page: 2 Hearing Officer Determination No.9a-2006 JANICE K VOS CAUOILL PITKIN COUNTY CO a 0.00 0 0.00 Page 2 A. Complete a fireplace/woodstove registration form with the Community Development Department,if necessary. B. 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(0)(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 he two times the height • of the fuel. All measurements shall be 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 be trimmed and all branches within 15 feet of the chimneys shall be removed. F. Low vegetation(less than 6 inches in height)shall be maintained within a 10 foot perimeter around • all structures. G. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 5. The Applicant shall comply with the following additional wildfire mitigation standards: • • • • • • 33 • RECEPTION4: 602571, 00/16/2013 at 09:40:38 AM, 16 OF 29, Janice K. Vos Caudill, Pitkin County, CO • • II II II III 111111 II II III II II III 529605 Page: 3 of B Nearing Officer Determination Nati -2006 10/09/2009 03:51 • JANICE K Vas MARL PITKIN COUNTY Co 9 0.0e 0 0.000 Page 3 A. Roofs shall be constructed with a Class 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) All 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) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline,such as parapets,shall be prohibited. 4) Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5) All 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''/.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. All 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 2 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 noncombustible post. M. New utility lines shall be buried within the driveway. • 6. No development,including grading,excavation,fill placement,berming,landscaping,vegetation • removal or disturbance or septic system shall occur outside of the approved building/development envelope,with the exception of required wildfire mitigation and the consistent uses allowed per the conservation easement as outlined on pages 8 and 9 of the recorded easement(Reception No.410590). All structures must be located within the designated building envelopes,including hay barns. 7. Prior to commencement of any earthmoving or construction activity,the Applicant shall stake the corners of the building and other envelopes and install construction fencing around the perimeter of • the envelopes. The fencing shall remain in place for the duration of the construction. • 8. The Applicant shall comply with all codes and requirements of the Basalt Rural Fire Protection District. A sprinkler system shall be installed in all residential structures if required by the District. 9. All areas disturbed by construction shall be revegetated within one growing season of the project's completion. • • • 3Y RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 17 OF 29, Janice K. Vos Caudill, Pitkin County, CO • • 960/Hearing Officer Determination No. -2006 I lII II III I II I I II II II II 06 03:51 Page 4 JANICE K V05 CMNILL VITKIN COUNTY CO R 0.00 0 0.00 10. The caretaker dwelling unit on Lot 1(Wheatley Schoolhouse)shall be 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 be 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). MI 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 Lot 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),7-20-120(d&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 be constructed to 5,750 square feet,not including exempt barns or the existing historic structures. Lot 2 shall be granted 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 8,250 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&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 • • • 37 RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 18 OF 29, Janice K. Vos Caudill, Pitkin County, CO Hearing Officer Determination No.EP-2006 II�IIII I 1015IIII III IIIII IIIII IIIIIII III IItji€ll LIMO page:50 0 8J:51 Page 5 requirements of 7-20-40 and 7-20-80 and Table 5.1,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 Lot,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 agrees 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.,§24-68-105. The statutory vested rights granted herein shall expire on September 29,2009. • • • • • • • • 3 RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 19 OF 29, Janice K. Vos Caudill, Pitkin County, CO • Hearing Officer Determination No.14-2-2006 • • Page 6 11111 I11111111111111111111111111 1II10 099/0003:51 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the ., 23i°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 J OCT ay of 1 - ,2006 • • COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY,COLORADO • • ATTEST: HEARING OFFICER OF PITKIN COU ,COLORADO onnie Waechtler, . .mes R.True, • Administrative Assistant Hearing Officer Date: 4/9/O(42 • • • APPROVED AS TO FOR • APPROVED AS TO CONTENT: John ly, Cindy Houben, Cou Community Development Director Case#P087-06 PID#246726200002 • • • • • • 31 RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 20 OF 29, Janice K. Vos Caudill, Pitkin County, CO • III II.II I I11111II III' 963 • III 1/ 6 2103:51 JPNICF K VII CM ILL PITCH C5IXIY 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 I S 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 TOWNSHIPS 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 20775 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 BE LIMITED TO THE DRIVING OF RANGE CATTLE ONTO SAID FOREST LAND, AND 70 USES INCIDENTAL THERETO,AND PERTAINING TO THE CARE OF SAID CATTLE DURING THE TIME THEY MAYBE PASTURED ON SAID RANGE. • EXCEPTING THE MINERAL INTERESTS RESERVED BY FIERMAN ARBANEY,ALEX F.ARBANEY, • AND LAURENT ARBANEY,JR.,IN THAT CERTAIN DEED OF CONVEYANCE OF SAID ABOVE • 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 FOUND IN PLACE AND PROPERLY MARKED -FOR ANGLE POINT NO.3 OF SAID TRACT NO.72 ALSO BEING ANGLE POINT NO.4 OF • TRACT NO.73 IN SAID SECTION 26; II • • VIII VIII IIIIII II�IIIII,IIIIIIIIIIIIIIIII�IIIIIIIIie a n�20 7 02:4ir RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 21 OF 29, Janice K. Vos Caudill, Pitkin County, CO • • • • 11 11 111 11111111 111111 11111111111 PJ0wB/620008 53:51 • ]YNICE K VOL CFwILL PITKIN COUNTY CO R 0.00 0 0.00 Our Order No: Q387183 LEGAL DESCRIPTION • • THENCE SOUTH 210.00 FEET TO A POINT IN THE CENTER OF SAID RIVER; THENCE NORTH 44 DEGREES 00'00'WEST 70.38 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 DEIGN 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;AIM TR72;526: 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. • ' COUNTY OF PITKIN,STATE OF COLORADO. • EXCEPTING FROM PARCELS 1 AND 2 THE PROPERTY DESCRIBED IN INSTRUMENTS: RECORDED MAY 19,9997 UNDER RECEPTION NO.404569 RECORDED MAY 20, 1999 UNDER RECEPTION NO.431355 • RECORDED JANUARY 12,2001 UNDER RECEPTION NO.450525. • II 11 I II 111111 I I 11111 it II I i II 53 L i • 02 20 7 2:40 • JPNICE K VOL CPYOILL PITKIN =NTT CO R 0.00 0 0.00 • • COMMUNITY DEVELOPMENT 537126 NTTN BONNIE • • • • �3 9 RECEPTION#: 602571, 00/16/2013 at 09:40:38 AM, 22 OF 29, Janice K. Vos Caudill, Pitkin County, CO • 537126 4 II II I (III it I III I Illl I 04/p27/2007. 02:40 JRNICE K VOS CRUDILL PITH IN COUNTY CO R 0.00 D 0.00 DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PLTKIN COUNTY,COLORADO,AMENDING DETERMINATION NO.42- 2006,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 Determination No.1(2-2007 RECITALS W1. Dart Family Partnership("Applicant")has applied to the Pitkin County Hearing Officer("Hearing Officer")to amend Hearing Officer Determination No.42-2006. 2. The parcel is located at 0964 Lower River Road,and is more specifically described in Exhibit A. 0 Q 3. The parcel contains approximately 282 acre:and is a conforming size parcel in the AFR-10 zone --h 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 o , then continued to September 6,2006 for a site visit and further discussion. The application was V continued again to September 19,2006. 5. The parcel received Hearing Officer approval pursuant to Determination No.42-2006. The Applicant then timely appealed the determination to the BOCC. At its regular meeting of January 10, 2007,the BOCC made a finding"that the Hearing Officer abused his discretion in making a decision inconsistent with the Code...in the way he allocated the square footage and allocated TDRs with regard to that square footage." The BOCC motioned to send the application back to the Hearing Officer,"WITH THE DIRECTION that he(Hearing Officer)needs to consider on EACH parcel protection of the historic structures,maintenance of the historic structures and additional unit of 5,750 plus the use of one TDR to go to a maximum of 8,250 on EACH lot,subject to staff's review of site planning because of the sensitive nature of the site." NOW THEREFORE BE IT RESOLVED by the Hearing Officer that it does hereby amend Hearing Officer Determination No.42-2006,the Dart Family Partnership 1041 Hazard Review,Special Review&GMQS Exemption for Incentives for Preservation of Historic Structures,Development Utilizing TDRs for Additional Floor Area&a CDU,and a GMQS Exemption for a Replacement Unit,as follows: 1. 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. 2. The Applicant shall comply with the provisions of the Hearing Officer Determination No.42-2006 unless otherwise replaced or amended by the conditions of this approval. 3. Condition Number 16 shall be amended to read:"Lot 1 shall be granted the right to utilize a TDR to go to a maximum of 8,250 square feet as defined by the Code at the time. However,in order to utilize a TDR on Lot I,applicant shall be required to submit for review and approval 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 536716 IIIIIIIIII (IIIIIIIIII IIIIIIIIIIIIIII • /17 20 or 0 O 3:18 JANICE x SOS CAUDILL P1rx0N Bourn CO R 8.00 D 0.00 'vD RECEPTIONN: 602571, 08/16/2013 at 09:40:38 AM, 23 OF 29, • Janice K. Vos Caudill, Pitkin County, CO • 111 1111111111111111111111111111111111 537106 ezvq JANICE K YOE CAUDILL PIMIN county co R 0.00 Hearing Officer Determination No.A2007 Pagel (Water Courses and Drainage),7-20-120(d&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.The calculation of floor area shall not include the historic structures." 4. Condition Number 17 shall be amended to read:"Lot 2 shall be granted the right to utilize a TDR to go to a maximum of 8,250 square feet as defined by the Code at the time. However,in order to utilize a TDR on Lot 2,applicant shall be required to submit for review and approval 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&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.The calculation of floor area shall not include the historic structure." 5. 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.,§24-68-105. The statutory vested rights granted herein shall expire on April 3,2010. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 18°day of February,2007. APPROVED AND ADOPTED this 31°day of April,2007. PUBLISHED AFTER ADOPTION FO$VESTED REAL PROPERTY RIGHTS in the • Aspen Times Weekly on[hen,day of ,fJf•' (/ 2007. COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY,COLORADO • ATTEST: HEARING OFFICER OF PITKIN // CO COLORADO �at4.tt0 1. l,_. Bonnie Wative s �aeaes i g True, Administrative Assistant / Hearing Officer Dale: N/3/o r7 / / Case#P087-06 MN 246726200002 �11I'1 536716 111IIIIIIII'II1111IIIIII111tIIIIIIIIIIIIIIIIIIIE a e{tii/i0:0000 3:1a • • )741 RECEPTIONS: 602571, 08/16/2013 at 09:40:38 AN, 24 OF 29, Janice K. Vos Caudill, Pitkin County, CO III lIi Il, Ill l IIII II Ili ll ll 10/09/2006 03:51 OS JANICE K V CRUDILL PIlKIN COUNTY CO R 0.00 D 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 PRINGIPAL 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;AN TR72;526; 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; THENCESOUTH 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 BE 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. EXCEPTING THE MINERAL INTERESTS RESERVED BY FIERMAN ARBANEY,ALEX F.ARBANEY, • AND LAURENT ARBANEY,1R.,IN THAT CERTAIN DEED OF CONVEYANCE OF SAID ABOVE 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 FOUND IN PLACE AND PROPERLY MARKED FOR ANGLE POINT NO.3 OF SAID TRACT NO.72 ALSO BEING ANGLE POINT NO.4 OF TRACT NO.73 IN SAID SECTION 26: • • It* RECEPTION: 602571, 08/16/2013 at 09:40:38 AM, 25 OF 29, Janice K. Vos Caudill, Pitkin County, CO • • II III IIII II II II 10/g529605 09/2006 03:51 JANICE K VOS COWILL PITKIN COUNTY Co R 0.00 0 0.00 Our Order No: Q387183 LEGAL DESCRIPTION . THENCE SOUTH 210.00 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 RI VER; • 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 DEIGN 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 I DEGREES 36'EAST 118.86 FEET TO THE POINT OF BEGINNING. • COUNTY OF PITKIN,STATE OF COLORADO. • ' EXCEPTING FROM PARCELS I 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. • • • • • �3 RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 26 OF 29, Janice K. Vos Caudill, Pitkin County, CO R S'-Trtc h mein "r v-" . IIIIIIIII 1111111 IIIIIIIII IBM 537126 200007 02:40 JWIlCE a VOS CINAtLL PITtIN Catlin CO S 0.00 0 0.00 DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT.OF PITIUN COUNTY,COLORADO,AMENDING DETERMINATION NO.42- 2006,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 Determination No.fQ-2007 rF A RECITALS QJ1. Dart Family Partnership("Applicant")has applied tope a Pitkin County Hearing Officer("Hearing Officer")to amend Hearing Officer Determination No.42-2006. S 2. The parcel is located at 0964 Lower River Road,and is more specifically described in Exhibit A. Q 3. The parcel contains approximately 282 sae.and is a conforming size parcel in the AFR-10 zone ---I. 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 O then continued to September 6,2036 for a site visit and further discussion. The application was V continued again to September 19,2006. d 5. The parcel received Hearing Officer approval pursuant to Determination No.42-2006. The 1.— Applicant then timely appealed the determination to the BOCC. At its regular meeting of January 10, 2007,the BOCC made a finding`that the Hearing Officer abused his discretion in making a decision inconsistent with the Code...in the way he allocated the square footage and allocated TDRs with regard to that square footage." The BOCC motioned to send the application back to the Hearing Officer,"WITH THE DIRECTION that he(Hearing Officer)needs to consider on EACH parcel protection of the historic structures,maintenance of the historic structures and additional unit of 5,750 plus the use of one TOR to go to a maximum of 8,250 on EACH lot,subject to staff's review of site planning because of the sensitive nature of the site" NOW THEREFORE BE IT RESOLVED by the Hearing Officer that it dots hereby amend Hearing Officer Determination No.42-2006,the Dart Family Partnership 1041 Hazard Review,Special Review&GMOS Exemption for Incentives for Preservation of Historic Structures,Development Utilizing TDRs for Additional Floor Area&a CDU,and a GMQS Exemption for a Replacement Unit,as follows: 1. 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. 2. The Applicant shall comply with the provisions of the Hearing Officer Determination No.42-2006 unless otherwise replaced or amended by the conditions of this approval. 3. Condition Number 16 shall be amended to read:"Lot 1 shall be granted the right to utilize a TDR to go to a maximum of 8,250 square feet as defined by the Code at the time. However,in order to utilize a TOR on Lot I,applicant shall be required to submit for review and approval 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 IIIlillilllll 11111 I II I11I I HI I IIII P0584;1 /72'001 ,6 JPatCE a VOS CaO/LL vnva DOLIN7Y CO a 0.00 0 0.00 • • • • RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 27 OF 29, Janice K. Vos Caudill, Pitkin County, CO 1111111111111111111/1111111 11 537 enWree vas CponL neounn CO R o ees ,:40r • Hearing Officer Determination No.,2007 Page 1 (Water Courses and Drainage),7-20-120(d&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.The calculation of floor area shall not include the historic structures." 4. Condition Number I7 shall he amended to read:"Lot 2 shall be granted the right to utilize a TDR to go to a maximum of 8,250 square feel as defined by the Code at the lime. However,in order to utilize a TDR on Lot 2,applicant shall be required to submit for review and approval 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&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.The calculation of floor area shall not • include the historic structure." 5. 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.,§24-68-105. The statutory vested rights granted herein shall expire on April 3,2010. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the • It day of February.2007. APPROVED AND ADOPTED this 3'"day of April,2007. PUBLISHED AFTER ADOPTION FOLj VES'T'ED REAL PROPERTY RIGHTS in the Aspen Times Weekly on then day of -fJ9..°y(/ 2007. COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY,COLORADO ATTEST: HEARING OFFICER OF PITKIN C011 ,COLORADO Bonnie Waechller, .ames,True, Administrative Assistant Hearing Officer Date: 0/3/0 7 • Case#P087-06 PID#246726200002 536716 1111151111111111 jpinc a vos e4/i7o O40aN 3:te 1-/i) RECEPTION#: 602571, OB/16/2013 at 09:40:38 AM, 28 OF 29, Janice K. Vos Caudill, Pitkin County, CO • IIIIIII1l111111llllllllll16i11111IIIIII so96O183:51 JPNIR K VOS CAUDILL DIOXIN 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 e'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;526; 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 I 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 PRJ VATE RIGHT-OF-WAY IS 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 BE 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. • EXCEPTING THE MINERAL INTERESTS RESERVED BY FIERMAN ARBANEY,ALEX F.ARBANEY, AND LAURENT ARBANEY,JR.,IN THAT CERTAIN DEED OF CONVEYANCE OF SAID ABOVE 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 FOUND IN PLACE AND PROPERLY MARKED •FOR ANGLE POINT NO.3 OF SAID TRACT NO.72 ALSO BEING ANGLE POINT NO.4 OF TRACT NO.73 IN SAID SECTION 26; II�11�111 I11111I11111I1II111IllIIII�I�IIIIII�III�II 537126 0 0 •2:41r • • 1C RECEPTIONN: 602571, 08/16/2013 at 09:40:38 AM, 29 OF 29, • Janice K. Vos Caudill, Pitkin County, CO - IIIIIICII[I III Ell HO IIIIIII III 5o96Oe 03:01 Jena K vet CJKDILL PIThIN COUNTY CO R 0.00 0 0.00 Our Order No: Q387183 • LEGAL DESCRIPTION ■ THENCE SOUTH 210.00 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 DEIGN 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 ID'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. • 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. • IIII IIILIIIIIIIli ii M 1111 II 11 II 0P5.437/7:412420°067f 02:45 • JRNICE K VI!CWAILL AUXIN COUNTT CO R 0,00 0 0.00 • • • • • • • • • • • • 1 I RECEPTION#: 602571, 08/16/201.3 at 09:40:38 AM, 23 OF 29, Janice K. you Caudill, Pitkin County, CO tee./ IIIIIIII�IIIIIIIII VIII III IIII IIIIIII IIIIIIIIIIIIIIII 0044%2]ze06 ez:r JP.NrcE N YDS CAUDILL PITKIN COUNTY CO R 0.00 0.00 W Hearing Officer Determination No. 2007 --- Page 2 (Water Courses and Drainage),7-20-120(d&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.The calculation of floor area shall not include the historic structures." 4. Condition Number 17 shall be amended to read:"Lot 2 shall be granted the right to utilize a TDR to • go to a maximum of 8,250 square feet as defined by the Code at the time. However,in order to utilize a TDR on Lot 2,applicant shall be required to submit for review and approval 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&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,The calculation of floor area shall not include the historic structure." 5. 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.,§24-68-105. The statutory vested rights granted herein shall expire on April 3,2010. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 18°day of February,2007. APPROVED AND ADOPTED this 3i0 day of April,2007. PUBLISHED AFTER ADOPTION FO$VFS'j'ED REAL PROPERTY RIGHTS in the Asocn Times Weekly on rhea,day of 'L,IL'�,/(/ 2007. COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PFTKIN COUNTY,COLORADO ATTEST: HEARING OFFICER OF PITKIN CO ,COLORADO • Bonnie Waechtler, ames R.True, Administrative Assistant Hearing Officer Date: -i f3107 I Case#P087-06 PID#246726200002 536716 111111\111111111111 049/11 020 00 3:1a • l RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 24 OF 29, Janice K. Vos Caudill, Pitkin County, CO • 9 of 8 II II III I I I I I II II I II 0/96006 03:51 JPNICE K NOS CAUOILL PITKIN COUNTY CO p 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 I 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 BE 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. EXCEPTING THE MINERAL INTERESTS RESERVED BY FIERMAN ARBANEY,ALEX F.ARBANEY, AND LAURENT ARBANEY,JR.,IN THAT CERTAIN DEED OF CONVEYANCE OF SAID ABOVE 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 FOUND IN PLACE AND PROPERLY MARKED FOR ANGLE POINT NO.3 OF SAID TRACT NO.72 ALSO BEING ANGLE POINT NO.4 OF TRACT NO.73 IN SAID SECTION 26; • RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 25 OF 29, Janice K. Vos Caudill, Pitkin County, CO It �� II In • Pae: 8 of 8 II I II I I it II I II 10/g529605 09/2006 03:51 • JANICE K ws CGNILL PITKIN COUNTY CO R 0.00 0 0.e0 Our Order No: Q387183 • • • LEGAL DESCRIPTION THENCE SOUTH 210.00 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 BEIGN 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 ID'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. • 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. • • � 3 RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 26 OF 29, Janice K. Vos Caudill, Pitkin County, CO A ric h mefl 1- CT` • IIIIIIIIIIIIIIIIIIIIIIINIIIIIIIII IIIIIIII INIIII 0/"z20:0:2:40 JnNICE 5 VOS CI RILL PIIIIIN COUNTY CO R 0.00 0 0.00 DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITXIN COUNTY,COLORADO,AMENDING DETERMINATION NO.42- 2006,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 DWFI 1 1N UNIT Cr Determination No. -2007 14 A . RECITALS 'W 1. Dart Family Partnership("Applicant")has applied to the Pitkin County Hearing Officer("Hearing �-t Officer")to amend Hearing Officer Determination No.42-2006. —L 2. The parcel is located at 0964 Lower River Road,and is more specifically described in Exhibit A. VI O 3. The parcel contains approximately 282 acre.and is a conforming size parcel in the AFR-I0 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 0 then continued to September 6,2006 for a site visit and further discussion. The application was C) continued again to September 19,2006. L 5. The parcel received Hearing Officer approval pursuant to Determination Nn-42-2006. The Applicant then timely appealed the determination to the BOCC. At its regular meeting of January 10, 2007,the BOCC made a finding`that the Hearing Officer abused his discretion in making a decision inconsistent with the Code...in the way he allocated the square footage and allocated TDRs with regard to that square footage." The BOCC motioned to send the application back to the Hearing Officer,"WITH THE DIRECTION that he(Hearing Officer)needs to consider on EACH parcel protection of the historic structures,maintenance of the historic structures and additional unit of 5,750 plus the use of one TDR to go to a maximum of 8,250 on EACH lot,subject to staff's review of site planning because of the sensitive nature of the site." NOW THEREFORE BE IT RESOLVED by the Hearing Officer that it does hereby amend Hearing Officer Determination No.42-2006,the Dart Family Partnership 1041 Hazard Review,Special Review&GMOS Exemption for Incentives for Preservation of Historic Structures,Development Utilizing TDRs for Additional Floor Area&a CDU,and a GMOS Exemption for a Replacement Unit,as follows: . 1. 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. 2. The Applicant shall comply with the provisions of the Hearing Officer Determination No.42-2006 unless otherwise replaced or amended by the conditions of this approval. 3. Condition Number 16 shall be amended to read:"Lot 1 shall be granted the right to utilize a TDR to go to a maximum of 8,250 square feel as defined by the Code at the time. However,in order to utilize a TDR on Lot I,applicant shall be required to submit for review and approval 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 MI-IIIH 01110101111 11111111 I, III P;672a 6 203:1 a intice N Vol CntoiLL SIMIN COUNTY CO R 0.00 0 0.00 1 RECEPTION§: 602571, 08/16/2013 at 09:40:38 AM, 27 OF 29, Janice K. Vos Caudill, Pitkin County, CO 111111111111 I1111l1111111Ill1�'+��IIIII'n111 M3 260S 4q Hearing Officer Determination No. 2007 Page 2 (Water Courses and Drainage),7-20-120(d&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 pan of the Review,the Applicant shall submit a landscaping plan and architectural renderings.The calculation of floor area shall not include the historic structures." 4. Condition Number 17 shall be amended to read:"Lot 2 shall be granted the right to utilize a TDR to go to a maximum of 8,250 square feet as defined by the Code at the time. However,in order to utilize a TDR on Lot 2,applicant shall be required to submit for review and approval a Site Plan Review pursuant to Sections 2-30.20.82(Site Plan),7-10-50(Site Plan),7-20-20.c(Grading),7-20-30 (Water Courses and Drainage),7-20-120(d&a)(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.The calculation of floor area shall not include the historic structure." 5. 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.,§24-68-105. The statutory vested rights granted herein shall expire on April 3,2010. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 18°day of February,2007. APPROVED AND ADOPTED this 3'"day of April,2007. PUBLISHED AFTER ADOPTION FOIE VF.Sf'ED REAL.PROPERTY RIGHTS in the Moen Times Weekly on they day of ,(]h°„((/ 2007. COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY,COLORADO ATTEST: HEARING OFFICER OF PITKIN CO ,COLORADO easwidiS Bonnie Waechtler, .arnes R.True, Administrative Assistant Hearing Officer • Date: 3/07 Case#P087-06 J PIDM 246726200002 ,�1I�(Iu1,'$�II 536716 1111111111111\IIII111'i11111 a�itlD O.H tae RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 28 OF 29, Janice K. Vos Caudill, Pitkin County, CO • IIII�II1IIIIII I UIIII►����Ill II �II 7:%;,;.:r.. Jnnoce•Vos arfILL PDRG'conTY CO R 0.90 0 5.00 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 B 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-0F-WAY 15 FEET IN WIDTH'ID 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 HE 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. EXCEPTING THE MINERAL INTERESTS RESER VED BY HERMAN ARBANEY,ALEX F.ARBANEY, AND LAURENT ARBANEY,1R.,IN THAT CERTAIN DEED OF CONVEYANCE OF SAID ABOVE 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 SLOTH 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 FOUND IN PLACE AND PROPERLY MARKED -FOR ANGLE POINT NO.I OF SAID TRACT NO.72 ALSO BEING ANGLE POINT NO.4 OF TRACT NO.73 IN SAID SECTION 26; INIIIIIIIhJJIIHIIIIIII 1111 J1IIIIIII1L P537 0 a1 3 2o6 0 i 40- RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 29 OF 29, Janice K. Vos Caudill, Pitkin County, CO • • • II 1111111111,11 I1� 111 599600 ODS, 4MIa K VOl CaUILL PITKIN COUNTY CO R 0.00 D 0.00 Our Order No; Q387183 • LEGAL DESCRIPTION THENCE SOUTH 2 WOO 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 12100'WEST 141.98 FEET ALONG THE CENTER OF SAID RIVER TO A POINT ON SAID TRACT LINE; THENCE NORTH ALONG SAID TRACT LINE, 12D.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 PIT/(IN,STATE OF COLORADO. PARCEL 2: A TRACT OF LAND LOCATED IN SECTION 26.AND DEIGN 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 TR72:526: 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 I DEGREES 36'EAST 118.86 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. IIIINIII If 111 IIIINI11II II VI II 537126= 7 0=:40 JRNICE K VOS CNUDILL PITKIN COUNT!CO R •.00 D 0.00 ', • • •