HomeMy WebLinkAbout20071024dart
MEMORANDUM
TO:
Board of County Commissioners
Cindy HO'~~~l1unity Development Director
THROUGH:
FROM:
Ezra Louthis, Planner
RE:
Dart Family Partnership Extension of Vested Rights/Development Agreement
DATE:
October 24, 2007
SUMMARY: The Applicant requests Extended Vested Rights for 20 years through the use of a Development
Agreement pursuant to Section 2-20-170.c.2 ofthe PCLUC.
August 8, 2007, the BOCC heard this request and discussion ensued, at the request of Open Space and Trails, to
include the floor area limitations of the Hearing Officer approvals in the 1997 conservation easement. The
Applicant agreed to amend the conservation easement to include the floor area limitations, but they requested that
there be some flexibility in the language of the easement that would allow for an opportunity to transfer floor area
between the two parcels.
The discussion included the recog11ltlOn that any request to transfer the floor area (excluding the historic
structures) between parcels would require an amendment to go before the BOCC, subject to the current Code, and
that the floor area for a single parcel could not exceed 15,000 square feet (excluding historic structures). The
Board requested a continuance of the application in order for the Applicant, Open Space and Trails and the County
Attorney to create and review an amendment to the 1997 conservation easement that would include the floor area
restrictions and the flexibility to transfer the floor area between parcels. Also included in the amendment would be
the building envelope adjustment approved by the Hearing Officer, as well as some adjustments to the exhibits,
which were of poor quality (see attachment B for the amended easement language).
The County Attorney and OS&T have reviewed the language of the conservation easement amendment, and feel
that it is appropriate. In order for the easement to be amended, County Open Space and Trails must prepare an
ordinance to be adopted by the BOCC. Staff is recommending approval of the vested rights request with a
condition that the easement amendment be adopted prior to any issuance of building penn its or the recordation of
the 1041 site plan.
APPLICANT/OWNER: Dart Family Partnership
REPRESENTATIVE: Davis Horn, Inc.
LOCATION: Lower River Road
ZONING/LOT SIZE: AR-l0/282 acres (two 139-acre parcels)
BACKGROUND: The 277-acre parcel known as the Dart Parcel contains a number of existing improvements
located along the Lower River Road corridor. These improvements include an existing barn, access roads, and a
number of historic structures. The historic structures include the Wheatley Schoolhouse, the Wheatley Homestead
(two cabins from the 1880's or early 1900's), and the Arbaney Farmhouse. The Arbaney Farmhouse is a single-
1
family residence, and the Wheatley Homestead is located directly adjacent to the Farmhouse. The Wheatley
Schoolhouse was one of the original schoolhouses in the area, and it was converted to a single-family residence in
1962.
The subject parcel was placed under a Conservation Easement in 1997, in which the Grantor (the Dart Family)
granted the easement to Pitkin County and the Aspen Valley Land Trust for a "bargain sale" of $1,400,000. The
Easement (Reception No. 410590) placed 220 acres of the 280 acres within a wildlife conservation area "which is
to remain in a substantially undisturbed and natural state." This area consists of the south facing slopes above the
valley floor to the north, which is considered to be Severe Winter Range for both elk and mule deer.
In 2006 the Applicant applied for the following approvals to establish two building rights on what will become
the two 141-acre parcels:
).> 1041 Hazard Review (Section 3-80);
,.. Residential GMQS Incentive for Preservation of Historic Structures (Sections 3-210-020 and 9-100-043);
;;.. Special Review to Utilize TDRs for Additional Floor Area (Section 3-210-020);
).> Special Review for a Caretaker Dwelling Unit (Sections 3-210-020 and 9-110-04 I l;
).> GMQS Exemption for a Replacement Unit (Section 9-110-052D);
The parcel received Hearing Officer approval pursuant to Determination No. 42-2006 (see Attachment B). The
Applicant then appealed Condition Nos. 16 and 17 to the BOCC on January 10,2007, at which time 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 moved 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 of5,750 plus the use of one TDR to go to a maximum of8,250 on EACH
lot, subject to staff s review of site planning because of the sensitive nature of the site."
In summary, the Board gave direction that each parcel be granted the right to utilize one TDR for a maximum
8,250 square feet, exempting the historic structures square footage from the calculation oftloor area, and
subject to further review.
The Hearing Officer then amended Determination No. 42-2006 pursuant to Determination 10-2007 to reflect the
Board's motion (see attachment C).
STAFF COMMENTS:
EXTENDED VESTING (2-20-170 (e\\:
The Applicant has requested an extended vesting period of 20 years. The LUC allows the Board to grant vesting
for longer than 3 years through the use of a development agreement"... in return for additional certainty or benefits
granted by the property owner to the County regarding a specific final development of the property." For
example, extended vested rights may be considered if"...the applicant makes commitments that the property will
protect significantly more open space.. .than would otherwise be required by this LUC."
Response: Through the conservation easement established in 1997, the Applicant has committed to preserve 270
acres of open space that contains significant wildlife value, which is well beyond any Code requirements.
2
. Pitkin County OS&T has recommended that the conservation easement be amended to incorporate the
permitted house sizes as a condition of any extension of vested rights. The Board may want to consider
this.
RECOMMENDATION: Staff recommends approval of the Dart Family Partnership request for Extended
Vesting subject to the conditions of the attached Resolution.
ATTACHMENTS:
A. Draft Reso
B. Conservation Easement amendement
C. Development agreement
D. Hearing Officer Determinations
,
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"'It 1/
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING AN EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR
THE DART FAMILY PARTNERSHIP
Resolution No.
- 2007
RECITALS
1. Dart Family Partnership ("Applicant") has applied to the Board of County Commissioners of Pitkin
County, Colorado ("BOCC") to request a 20 year vested right associated with the recently granted
1 041 Hazard Review, Special Review and GMQS Exemption for Incentives for Preservation of
Historic Structures, Development Utilizing TDRs for Additional Floor Area and CDU approvals.
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 confOlming in the AR- I 0 zone district.
4. The parcel received Hearing Officer approval pursuant to Determination No. 42-2006. The
Applicant the appealed Condition Nos. 16 and 17 to the BOCC on January 10,2007, at which
time the BOCC made a finding "that 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 moved to send the application back to the Hearing
Officer, "WITH THE DIRECTION that he (Hearing Officer) needs to consider on EACH parcel
protection ofthe historic structures, maintenance of the historic structures and additional unit of
5,750 square feet plus the use of one TDR to go to a maximum of 8,250 square feet on EACH
lot, subject to Staff's review of site planning because ofthe sensitive nature of the site." The
Hearing Officer subsequently approved an amendment to Determination No. 42-2006, pursuant
to Determination No. 10-2007.
5. The BOCC heard this request for vesting extension on October 24,2007, at which time evidence
and testimony were presented with respect to this application.
6. The BOCC finds that the Applicant has offered significant additional benefits to the County in the
form of the 1997 conservation easement, with which justifies an extended vested right.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it does hereby grant a 20 year vested right for the Dart Family Partnership, subject to the following
conditions, which shall run with the land and be binding on all successors in interest:
1.
The Applicant shall adhere to all material representations made in public hearings and in the
application.
o
This vested right is granted in association with the 1041 Hazard Review, Special Review & GMQS
Exemption for Incentives for Preservation of Historic Structures, Development Utilizing TORs for
Additional Floor Area & CDU approval pursuant to Hearing Officer Determination Nos. 42-2006
and 10-2007.
Resolution No.
Page 2
- 2007
A.
Within 90 days ofthe date of this approval, the Applicant shall record a Development
Agreement to memorialize the terms of this approval. The form and content of the
Development Agreement shall be approved by the County Attorney.
3. Prior to recordation of the 104] Hazard Review site plan, the 1997 conservation easement shall be
amended to conform with the floor area restrictions set forth in the Hearing Officer Determinations,
and provide flexibility for the Applicant to transfer the floor area between the two parcels, as well
as make the building envelope adjustment and improve the exhibits, per an ordinance to be adopted
by the BOCC. Further review by the County to amend the Determinations will be required to allow
for any floor area transfers between the parcels.
4. Housing, road and other applicable impact fees shall be calculated at time of building permit.
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, S 2-20-170 and C.R.S., S 24-68-105. The statutory vested rights granted
herein shall expire on October 24, 2027.
APPROVED ON THE 24TH DAY OF OCTOBER, 2007.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Jeanette Jones
Deputy County Clerk
Michael Owsley,
Chair
Date:
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
John Ely,
County Attorney
~H:bSQgA ~ ~\\
Community Development Director
246726200002
10/18/07
Draft
I\J\. II
\S
AMENDMENT TO THE
DEED OF CONSERVATION EASEMENT
FOR THE DART FAMILY PARTNERSHIP LTD. PROPERTY
This AMENDMENT TO THE DEED OF CONSERVATION EASEMENT ("Amendment to the
Conservation Easement") is made and entered into this _ day of ,2007, by and
between the DART FAMILY PARTNERSHIP LTD. , a Colorado limited partnership
("Gral1tor") al1d the BOARD OF COUNTY COMMISSIONER OF PITKlN COUNTY ("the
County") AND THE PARK TRUST LIMITED d/b/a The ASPEN VALLEY LAND TRUST
(A VL T) as co-grantees (A VL T and the County are hereinafter collectively referred to as the
"Grantee"). This Amel1dment to the Conservation Easement is to clarify the original DEED OF
CONSERV ATION EASEMENT dated May 14, 1997 and recorded November 13,1997 at
Reception Number 41 0590 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 FA MIL Y PARTNERSHIP LTD., Grantor, is the record owner of
the certain real property located in Pitkin County, Colorado, consisting of 292 acres, more or
less, which is more fully described in Exhibit A attached hereto and il1corporated by this
reference (the "DART PROPERTY"); and
WHEREAS, there is a DEED OF CONSER V AnON EASEMENT recorded at Reception
Number 410590 with the Pitkin County Clerk and Recorder's Office (DEED OF
CONSERV AnON 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 CONSERV A nON EASEMENT is
required and was anticipated as part of that original DEED OF CONSERV A nON EASEMENT;
and
WHEREAS, the Dart Parcel Proposed Modification to Building Envelope for Parcel 2
Development Envelope (see Exhibit B) 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; and
WHEREAS, the modification proposed in Exhibit B is consistent with the modifications
to the Dart property development envelopes contemplated III the original DEED OF
CONSERV AnON 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 included in Exhibit C; and
WHEREAS, there is a Wheatley Tracts Subdivision Exemption Plat (see Exhibit C) and a
Dart Parcel 1041 Hazard Review Proposed Development Envelope Site Plal1 approved and
recorded by Pitkin County (see Exhibit D); and
WHEREAS, this amel1dment 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 Gral1tor hereby modifies through this Amel1dment, the
recorded DEED OF CONSERVATION EASEMENT for the Dart Property with the additiol1 of
the followil1g:
I. Paragraph 5 of the DEED OF CONSER V AnON 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 Hearil1g Officer of the Community Development Department of Pitkin County, Colorado,
Approving the Dart Family Partnership 1041 Hazard Review, Special Review and GMQS
Exemption for Additiol1al Floor Area and a CDU, GMQS Exemption for a Replacement Unit
and a Historic Incentive for an Additional Dwelling Unit, Determination No 42-2006 (see
Exhibit F) and Detennination 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. IO-2007(see Exhibit G). However, Gral1tor 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 histonc 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 ofthe 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 within Exhibit B are hereby replaced with Exhibits C and D to
effectuate the following changes; I) 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 ill Paragraph 5 of the DEED OF
CONSER V A nON 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 COUNTY, COLORADO
Jeanette Jones
Deputy Clerk and Recorder
Chairman, BOCC
DATE:
APPROVED AS TO FORM:
County Attorney
RECOMMENDED FOR APPROVAL:
Dale Will, Chief Executive Officer
Open Space and Trails
APPROVED AS TO CONTENT:
Chair, Open Space and Trails Board of Trustees
GRANTEE:
PARK TRUST, LTD D/B/A ASPEN V ALLEY LAND TRUST:
By:
President
GRANTOR
DART FAMILY PARTNERSHIP LTD.
A COLORADO LIMITED PARTNERSHIP
By:
General Partner
STATE OF COLORADO
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2007 by . General partner of the Dart Family Partl1ership, a Colorado
Limited partl1ership.
Witness my hal1d and official seal.
My commission expires:
NOTARY PUBLIC
List of Exhibits
A: Dart Property Legal Description
B: Dart Parcel 1997 Deed ofConservatiol1 Easement: Exhibit B which depicts buildil1g
envelopes
C: Wheatley Tracts Subdivision Exemption Plat
D: Dart Parcel 1041 Hazard Review Proposed Developmel1t Envelope Site Plan
Saved as: Dart Amel1dment to Conservation Easement 10.18 with Dale's Changes
LEGAL DESCRIPTION
txh; '0 l-r A
PAIU'I.I. I
TRM.'T 7J 'ALSO KNOWN ,\$ DE$r'RlllED ,\S LOT.S.\ ,\NO ()I. LOTS 14.15.16. SECTION
26. AND TRACT 7J IALSO DESCRIOEO AS LUT ()I\ND LOTS 15 AND 16. SECTION 27.
TOWNSHIP 3 SOUTH, RANGE 36 WEST or TilE SIXTH PRINCIPAL MERIDIAN. TOGETHER WITH
ALL DITCHES. DITCH AND WATER RIGHTS APPIJRTEN,\NT THERETO
EXCEPTING THAT CERT;\IN TRACT or L\ND LOC., TED IN SECTION 26. BEING A PART OF
TRACT 7J. IN TOWNSHIP 8 SOUTH. RANGE 86 WEST OF THE SIXTH PRINGIP.\L .\IERIDI.-\N.
BEING MORE FULL Y DESCRIBED AS FOLLOWS
BEGINNING AT.-\ POINT WHENCE CORNER 4 OF TRACT 72. TOWNSHIP 8 SOL'TH. RANGE 86
WEST ,WHICH IS A BR.-\SS CAP MARKED TR73. .-\1'4 TR7I. 526. 1923) BEARS SOUTH 76
DEGREES 36'30 EAST 155497 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 37 DEGREES 27' EAST 190.15 FEET .-\LONG SAID RIGHT OF-W.-\ y
LINE:
THENCE SOL'TH I DEGREES 36' EAST 118.86 FEET TO THE POINT OF
BEGINNING
EXCEPTING HEREFROM .-\LL E.-\SEMENTS .-\ND RIGHTS OF W.-\ Y OF RECORD AND THE TRACT OF
LAND ENCLOSED .-\"10 USED FOR CEMETERY PURPOSES KNOWN AS THE "\\'HE.-\ TLEY CEy!ETERY."
TOGETHER WITH .-\ STRIP OF LAND TEN FEET WIDE ON THE :-IORTH SIDE AND .-\ STRIP OF
LAND TEN FEET WIDE ON THE SOUTH SIDE OF THE FENCES ENCLOSING SAID CE.\tETERY.
BEING A TRACT OF LAND APPROXIM.-\TEL Y 50 FEET BY 35 FEET. .-\ND A PRIVATE
RIGHT-OF-WAY 15 FEET IN WIDTH TO AND FROM SAlD CEjylETERY EXTENDING FROM THE
SOUTH SIDE OF SAID CE.\lETERY TO THE COU:--ITY ROAD.
EXCEPTI:-':G .-\ RIGHT-OF,\VA Y AS.\fA Y BE NECESSARY TO DRIVE CUTLE FRO.\I THE COL'NTY
RO.-\D NORTHERL Y ALONG THE COURSE OF WHE-\TLEY GULCH TO THE US FOREST LAND LYING
NORTHERL Y OF SAID DESCRIBED PROPERTY. PROVlDING. HOWE\'ER. THE L'SE OF THIS
E.-\SE.\lENT SH.-\LL BE LIjyllTED TO THE DRIVING OF RANGE c.-\ TTLE ONTO SAID FOREST LAND.
AND TO l!SES I:'-IClDE:-JTAL THERETO. .-\ND PERT.-\INING TO THE C.-\RE OF SAID CATTLE
DURING THE TlylE THEY .\IA Y BE PASTURED ON SAID RANGE
EXCEPTING THE ?>llNER.-\L INTERESTS RESERVED BY F1ERM.AN ARBANEY. ,ALEX F. ARBANEY.
AND LAl!RE:'-IT ARBANEY. JR.. IN THAT CERTAIN DEED OF CONVEYANCE OF SAID .\EOVE
DESCRIBED PROPERTY DATED DECEMBER 12. 1959.
AND
A P.ARCEL OF L.-\ND SITUATED IN TRACT NO. 72 OF SECTION 26. TOWNSHIP 3 SOUTH.
R."NGE 36 \VEST OF THE SIXTH PRINCIP.-\L MERIDIAN. LYING SOL'THERL Y AND [.ASTERL Y OF
THE TR.-\CT liNE AND NORTHERL Y OF THE CENTER OF THE ROARING FORK RIVER. SAID
P.\RCEL OF UNO IS DESCRIBED AS FOLLOWS.
BEGINNING AT -\1'1 IRON POST WITH A BRASS e\1' rOUND IN I'L,\CE AND PROPERLY \L\RKED
FOR ,\NGLE 1'01CJT:'-I0 3 OF SAID TR,\CT NO 72 ..\LSO 81:ING ..\NGLE POINT NO 4 OF
TR.\CT .W) 7, IN SAID SECTION 26.
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LEGJlL DESCRIPTION
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II \ I.! J('1. ',f)11111 c\II'I') 111.'1' 10,\ \'llIrn IN TilE CENTER (IF ';AID IUVr:R;
11/1.:11'1, :11)1~1I1 111)/-1;1<1.1.:, "')'1)1)" WI::;T 7(J Ii! Fr:ET ,\LONe; TIlE CENTER OF ';AID
1<\'11:)1
TI 11::11 'I: NOI( III 7]DI(;I(I.['; 12'IJI)" W[:,T I~I ')K Fr:ET ALONG TilE CENTER OF ';AID RIVER
TO .\ I'IJINT (IN :;,\ID II(,\CT LINE.
TlICIf.'E 'J(Jlnll ..\LUW; :;,\ID TR,\CT LJNr:. 12000 FEET TO ANGLE POINT ~ OF SAID TRACT
1'2.
TIIE"WE';OIHII :,1) Or:GREES ]I'I~" E.'\ST 184 b8 FEET ALONG SAID TRACT LINE TO ANGLE
POINT:'olO :; OF S,\IO rR,\CT:'olO 72. TilE POINT OF BEGINNING.
COI_':'HY OF PITKIN. ST,\ TE OF COLOR,\DO
P \Rca 2.
A TR.\CT OF UNO LOCATED IN SECTlO,'i :6.ANO SEIGN A PART OF TR.ACT -:;. IN
TO\\ "SHIP, SOI.-TH. RANGE ',6 WEST OF THE SIXTH PRINeIP.\L YlERIDI.AN BEJ:'-IG .\10RE
R LL Y DESCRIBED .AS FOLLOWS
8E,::;I",:'-'ING.n A POINT WHENCE COR:'-'ER..\ OF TRACT n. TO\VNSHIP 3 SOl'TH. RA.NGE 36
WEST,I\ HlCH ISA BR.-\SS c.AP \IARKED TR7:;. .-\P4 TR72: S26: 1913\ BE.\RS SOl!TH -6
DEGREeS :;b',O" E.\ST 155..\ Q7 FEET.
THE:-.Cc SOl'TH SQ DEGREES ~..\' WEST :07 15 FEET:
THE:-'Cc NORTH D DEGREES 10' E.A5T 1:900 FEET TO THE SOUTH RIGHT.OF-W.A Y UNE OF .A
RO.\D
THE",Ce SOl'TH,~ DEGREES :~. E.\5T 190.15 FEET .ALONG SAJD RIGHT-OF-W.AY
UC:E.
THE:\C: SOlTH I DEGREES :;6' E.\ST 113 36 FEET TO THE POINT OF BEGINNING
COL:\TY OF PITKI:;. STATE OF COLORADO.
E:\CE?TI:;G f'RO\\ PARCCLS I A;-';D: THE PROPERTY DESCRlBED IN I:;STRl'\lE:\TS
RECORDEj) \IAY 19. 1997 UNDER RECEPTION NO -10-1569
RECORDEj) \IA Y:~ !99Q I-,NDER RECEPTIO;-.J NO. 4:;1:;55
RECORDED .I-\:-;L' ,R', I:. :001 L'NDER RECEPTION NO. -1505:5
De.uctO()~ A qrf..E~
Attachment 2
Conservation Easement
,
The Conservation Easement for the Dart Family Partnership
property is found as Attachment 4 to this Extended Vesting land use
application. Due to the length of the conservation easement
document, additional copies were not made at this time.
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410590 11/13/1iW7 01131P ERSEMENT ORVIS $ILVI
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I hi:, Ikvt:lopll)t:n\ ^grt:ell)enl (ti'e "^greell)cIII") i, ,bted '" olthc Jav 01'
-' .
.2007, hy '"ld hetweclI the llo,ml 01 ('ounty Commissioners 01' Pilkin
('ounly (Ihe "'\()('("') ,mt.! lhc Dart I '"nily P'"IIIC[\hlp 1.1t.!. ("()wner").
RECITALS
1.
'J:i/7
The Dart Family Partncrship I.tt.!. (rqln:scntct.! hy Paul Dart) owns a :::~+/- acre
parcel o1'lant.!loeat<.:d at %4 [,ower Ri\er IZoad (Part:d ID #2476-262-00-(02)
1'ulh' descrihet.! in ^ttachment 'I I to Ihis t.!(1CUll1ent and relcrrcd 10 herein as the
"Pruperty".
')
The Property is zonet.! ^FR-I 0 and is a COnlClrllling size parcel in this zone.
3.
The Hearing 01'ficer considered thiS application at a duly noticed public hearing
on .-\ugust 29. 2006. at which lime evidence and testimony were presented with
respect to the application. The hearing was labled to September 6. 2006 for a site
\'isit and further discussion. then \\as conlinued again to September 19. 2006.
4.
The Property received appro\althrough Ihe Pitkin County Hearing Officer
pursuant to Detemlination No. 42-2006 for 1041 Hazard Revie\\. Special Re\iew
and G:VIQS Exemption for addilionall1oor area and a COLI. GMQS Exemption
for a replacement unit and a historic incenti\'e for an additional d\\elling unit.
5.
The O\mer then. in a timely fashion, appealed Oeterminmion No. 42-2006 to the
Board of County Commissioner (BOCC) at a regular meeting on January 10,
2007 \\here the BOCC made a finding thai ..the Hearing Officer abused his
discretion in making a decision inconsistent \\ith the Lmd Use Code.... in the \\ay
he allocated the square footage and allocmed TDRs with regard to the square
footage." The BOCC motioned 10 send thc application back 10 the Hearing
Officer. "\\ith the direction that he (l'karing Officer) needs to consider on EACH
parcel protection of the historic struclUres. 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 starr s rc\'ic\\ of site planning becausc of thc
sensitive nature ofthc sitc."
6.
Th~ I \c~~I11~. Officcr then amended Determination No. 42-2006 for thc Dart
Famih P2rlncrship 1041 I la/art.! Re\iew. Special Rc\ic\\ &: (j;v1<)S Excmption
!c)r IncCI;!ives for Prescrvation of Ilislorlc Structures. De\clopment I !lilizing
TDR." :'0' ,\dditional Floor .-\rca & a CDI ! anu a (jM()S Lxcl11ptioJl Ic)r a
Rcplac,:r,'cnIIJpit purSUaJltlo I kariJl~ (J1'1iccr Dcterminatlon No 10 oC2007.
-I
7 llic Propcrty',; approval ;tlld COlldll""'S or approv;d ;m: documcntnJ In IIe;lfIl1g
()l ficcr I ktCrllllllatloll N" 42 oI2(H)(,. IInle.'" otlicrw!'c rcplaccu or alllclldcd hy
thc co"ditio"s ill Dclcrllllll<ltloll No 10012007.
X. Tlicrc IS a ('onscrvatio" 1'.ascmc"l on tlie Propcrty dated Mayor I 'J')7 and
recordeu unuu reception numbcr 4105<)0 This I \)<)7 ConServation Easement
resUVeu the right to construct. improve anu/or renovate eertain resiuential
uwdlings units anu relaleu improvements within two six aCre ouiluing envelopes
at sollle point in the luture. The ;lpprovals for this rescrvcu ucvdopment Were
ootaincu in 200(, anu 2007 unucr Detcrmination No. 42 01'2006 and No. \0 of
:::007. The C<Il'-1s:rvation Laselllent anu the approvals guarantee that a large
portioll of the ~2 acre Property will rClllain suostantially undevelopcd in
perpetuity.
9. Thc Property contains thrcc historic structurcs on three lots which ha\'e been
historically designatcd and will be prescrved. the historic Wheatley Schoolhouse.
the Wheatley Homesteau anu the ArballY Farmhouse. The property is divided
into t\\O tracts. one with thc Schoolhouse and the second with the historic
Wheatley Homcstead and the Arbany Farmhouse. The Schoolhouse will be
cOl1\ertcu to a Caretaker Dwelling Unit and a new home will be developed
pursuant to Section 9-lI0-041.C anu 9-110-052.0 of the Code (Density Bonus for
COUs and Exemption for Replaccment Units). The Farmhouse unit which is no\\'
a tree-market single family dwelling unit will become a second free market single
family d\\elling unit. A new house will be developed adjacent to the Famlhouse
and \\i11 be the primary residence on the property. This will be developed
pursuant to Section 9-110-043 of the Code (Incentive for Preservation of Historic
Structures), A Deed Restriction for Historic Resources has been recorded at
Reception No.
10. This document constitutes a Oe\'elopment Agreement as referel1ced in Section 2-
2-20-170.c.2 of the Pitkin County Land Use Code and meets the criteria of this
Section of the Code as the Owner is protecting significantly more open space than
\\ould otherwise be required by the Pitkin County Land Use Code. Through this
de\ elopment agreement. the vested property right. as defined in C.R.S. 2.[-68-\ 0 I
is vested for a period of twenty (20) years and the approvals will not lapse before
then.
NO\\' THEREfOHE. in consideration of\he furegoing Recitals. the parties agree as
((lllows:
I. In aec'lrdanec with the terms and conditions of the approval in Determination No.
42 of:::006 (recordeu at reecption 1l1l1l1l1cr 537126) and Determination No. 10 of
2007. (reCllrued at receptionllllll1Der 52<)(,05) the ('onse[\'ation [casell1ent uateu
Ma\ 1-\. 1 \)'>7 (rccorded at receptioll nUIl1DCr 41 05'iO I anu this lkvelorlllenl
Agreell1ent. 'he Owncr shall reCeiVe
-':,!-
(a) '1 hc ;Jililily 10 dcvelop allll II11provc 111c p"'pcrly wllllIlIl"c lcrms ;111<]
cOlluillOll., orlhe Iwo I JcICl1llJllalloJl' or approval. Ihi" I}CVeloplllC1l1
Agrcclllcnt and Ihe ('OIl',CfV<llIOll I '.<I'elllcnt fOlllld III AIluchl11enl ~;
(h) Vcslcd Properly !{Il;hh I'if ~() ye"rs Irol11 the: d"lc orapfl",v,,1 or the:
"l11cn,.ku aflp",va! fl"r.,u"nt10 Ikterl11ln"liol1 No. 10 or~()()7. April 3.
~O()7. Thcr<.:f()re. Vested Properly Rights wil! e:xflire on April 2.2032. As
the: ()wne:r flre:scrvcJ significantly mOle: ope:n sp"ee: than would otherwise
he relJuire:d hy thc Pitklll Count\' Land I Jse Code. approval was grantcd
!(}r a ~O ycar vesting pe:riod. whie:h will not lapse until April 2. 2032
flursuant to Scetions 2-20-170-c anu ~-20-) 70-d orthe Codc.
(c) Vesting of thc approvals are flursuant to the Pitkin County LlI1d Use Code
in utfee! althc time or eCrlifieation of completion of thc original land use
apfllieation on April _' 2006; except that the amcnded conditions of
approval are vcstcd pursuant to the ['itkin County Land Use Code in affect
on the date of the umcndcd approval pursuant to !-learing Officer
Detem1ination No. ] 001'2007 which is April ~2. ~007. These amended
conditions of approval rcquire Site Plan Review in order for each of the
two lots. Lot] and Lot 2. to utilize a TOR to go to a maximum of 8.250
square feet as delined by the Code on April 22. 2007. The Site Plan
Review is pursuant to Scctions 2-30-20.g.2 (Site Plan\. 7-10-50 (Site
Plan). 7-~0-20.e (Grading). 7-~O-30 (Water Course and Drainage). 7-20-
120 (d&el (Standards for Scenic View Protection Areas). 7-20-13-
(Landscaping and Vegetation Protection) of the ne\\' Code adopted on July
5.2006. Notwithstanding the language in 7-20-30. the requirements in 7-
20-.W and 7-20-80 and Table 5. L as it relates to stream set backs. shall not
apply to this review. As part of the Review. the Owner will submit a
landscaping plan and architectural renderings. The calculation of floor
area shall not include the historic structures.
(dl The approvals. terms. co\'enants. copdilions and restrictions shall be
binding upon and inure to the hend]t oJ: the parties hereto and their
respective personal representative. heirs. successors and assigns and shall
continue as a servitude running in PPIT'Clllity \\'ith the title \0 the Darl
Propcrly.
-,-
^1'I'I(()VI.D ON TillS
D^ Y ()I
.2007
AnlSf
IlOM{/) OF C()[JNTY COMMISSIONERS
OF PITKIN County. Colorauo
CkrK to the Boaru
Chair
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
JOHi\' EL Y.
County Attorney
CINDY HOUSEN.
Community Development Director
Dart Family Partnership Ltd.
Paul Dart
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r11CII'I: ';011 rll ,') DU;RLC ,1'14" E..\'iT 184 (18 fEET "LONr; SAID TR,ICT LINE TO A[ir,U:
r()JiiT .U) 'r)f ';,\If) fR,\CT :If) 72 TIlE POINT OF 8EGINNING.
COI.':n', 1)1' PITKI;) ';i,\rE OF rOLOR..\Of)
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.>, TR \C-:- uF '..\NO LOr.1 T[O 10J ~CCTJON 26. .>,NO BEIGN A P.\RT OF TR..;C-:- -:'. IN
TO\\ ';\I{IP " 'iOI TH. R.\,'.j(;[ 'b \VEST OF THE SIXTH PRIN(']P.\L .\.1ERIDI..>,N BEING \IORE
Fl LL ': DE~CRIGED .>,s r:nLLO\VS.
.
.
GE'~i:. '\I-..:r; "T \ POINT WHE:--JCE CORNER .1 OF TR..\CT 7:. TOWNSHIP 3 SOL'TH. !V..'iGE 36
wEST, \\ HICi-l/S A GRASS c.\P \I..>,RKED TRT::. .o.P.1 TR7:. 526: 1925) BEARS SOL'TH -6
DEG;;:E::~ :0:0)' ::.\ST 155.1 <)7 FEET
THE\C:: SO'_TH ,9 DEGREES .1-l' '.\'EST 207 15 FEE:T.
THE\C:: ,ORTH 0 OEGRE::S 10' E.'>'ST 1:900 FEET TO THE SOL'TH RIGi-lT.OF-\\'o. Y LI\E OF \
RO."D
THE',C:: SOLTH 3- DEGREES 2-' EAST 190.15 FEET ..>,LONG SAJD RJGCiT-OF.W.,>,Y
U:"E.
THE:"C:: SOL "'H 1 DECKEES ::6' E.o.5T II S .36 FEET TO THE POI~T OF 3ECI~~I:'iG
.
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eOl :"T') OF' PlTKJ\ STATE OF COLORADO.
.
.
E\C:::?:;\G ;:RO\I P.'.RC:::~S I .>,;\D 2 THE PROPERTY DESCRIBED IN I:--:S7Rl':.lE:"TS
RE':::!R:':::> \IAY 19. !997 L'NDER RECEPTION :'JO. 40-1569
RECORO:::> 1.1..>, Y :0 1999 [_':OWER RECE:PTIO:-l :'JO. .131355
RECORO::::>.' .>,\LAR':' I:. 2001 L'-!DER REGPTION NO. -1505:5
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Ji=1NIC~ K VQS CAUDILL PITKIN cournY CO R
529605
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Page: 1 of 8
10/09/2006 03:51
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-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
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. Tbe 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 dweIling unit of up to 5,750 square feel 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:
Hearing Officer Determination No. ':id,-2006
Page 3
1111111111111111 lilt \11 II ~~~~~;~:3 : 51
JANICE K vas CAUDILL- 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 (!Be) 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 Clas~ 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, shaH 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 '/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.
\. Fuel tanks shall be installed underground with an approved container.
J. Propane tanks shall be installed according to NFP A 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 Ol1e 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. ~-2006
Page 5
!i!lIIJ~IIJIOO!IIIII!IIIII~WII,IWII~1 JIi. ~~;~~;t :,,,
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 structur~s.
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, g 4-140 and C.R.S., g 24-68-105. The statutory vested rights granted herein shall expire on
September 29, 2009.
\ 11111111111111111 1111 11111 1\11111\\ul 1111111111111111 ~:~~~~;~:3' 5 \
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 DESCRlBED AS LOTS 5 AND 6), LOTS 14, IS, 16, SECTION
26, AND TRACT 73 (ALSO DESCRIBED AS LOT 6) ANE> LOTS IS AND 16, SECTION 27,
TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERlDIAN, TOGETHER WITH
ALL DITCHES, DITCH AND WATER RlGHTS 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 PRlNGlPAL MERlDlAN,
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 RlGHT-OF-W A Y
LINE;
THENCE SOUTH I DEGREES 36' EAST \ 18.86 FEET TO THE POINT OF
BEGINNING.
EXCEPTING HEREFROM ALL EASEMENTS AND RJGHTS OF WAY OF RECORD AND THE TRACT OF
LAND ENCLOSED AND USED FOR CEMETERY PURPOSES KNOWN AS THE "WHEATLEY CEMETERY,"
TOGETHER WlTH A STRIP OF LAND TEN FEET WlDE ON THE NORTH SIDE AND A STRIP OF
LAND TEN FEET WIDE ON THE SOUTH SlDE OF THE FENCES ENCLOSING ~AID CEMETERY,
BEiNG A TRACT OF LAND APPROXIMATELY 50 FEET BY 35 FEET, AND A PRIVATE
RIGHT-OF-WAY 15 FEET IN WlDTH 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 WHEA TLEY GULCH TO THE U.S. fOREST LAND LYING
NORTHERLY OF SAID DESCRlBED 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 SAlD 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 PRJNCIP AL MERJDIAN, LYING SOUTHERLY AND EASTERLY OF
THE TRACT LINE AND NORTHERLY OF THE CENTER OF THE ROARING FORK RIVER, SAID
PARCEL OF LAND IS DESCRlBED AS FOLLOWS:
BEGINNING AT AN IRON POST WlTH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED
. FOR ANGLE POJNT NO.3 OF SAJD TRACT NO. 72 ALSO BEJNG ANGLE POINT NO.4 OF
TRACT NO. 73 IN SAID SECTION 26;
J~J!ll!!m~~JU! W!JWR :.~;~;:~t:,...
111111111111111111111111111111111111111111111111111111 ~:~~~~:~ :351
JRNICE K .."OS CRUDIU. j:)ITKIN CO\,lNi't CO R 0.00 00.00
Our Order No: Q387183
LEGAL DESCRIPTlOtl
THENCE SOUTH 2W.00 FEET TO A POINT IN TRJO 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 LlNE;
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
POlNT NO.3 OF SAID TRACT NO. 72. THE POINT OF BEGINNING.
COUNTY OF PITJUN, STATE OF COLORADO.
PARCEL 2:
A TRACT OF LAND LOCATED IN SECT10N 26, AND BEIGN A PART OF TRACT 73. IN
TOWNSHIP 8 SOUTH. RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE
FULL Y DESCRlBED AS FOLLOWS:
BEG1NNlNG AT A POINT WHENCE CORNER 4 OF TRACT 72. TOWNSHIP 8 SOUTH. RANGE 86
WEST (WH1CH IS A BRASS CAP MARKED TR73; AN 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 RJGHT-OF-W A Y LINE OF A
ROAD;
THENCE SOUTH 87 DEGREES 27' EAST 190.15 FEET ALONG SAID R1GHT-OF-WAY
LlNE;
THENCE SOUTH 1 DEGREES 36' EAST 118.86 FEET TO THE POlNT OF BEGlNN1NG.
COUNTY OF PITKlN, STATE OF COLORADO.
EXCEPTING FROM PARCELS 1 AND 2 THE PROPERTY DESCRJBED lN lNSTRUMENTS:
RECORDED MAY ]9, '1997 UNDER RECEPTION NO. 404569
RECORDED MAY 20, 1999 UNDER RECEPTION NO. 431355
RECORDED JANUARY 12, 2001 UNDER RECEPTION NO. 450525.
I 1111\1 11111 1111I1 1IIIl 11111 11\1 1\11111 11\ 1111\ 11111111 ::~; :~~;! :2: 40
JANICE K VOS CAUOILL PITKIN COUNTY CO R 0.00 00.00
COMMUNITY DEVELOPMENT
ATTN SONNIE
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J~NIC~._K V~-=-_ ~~_DI~~;:__PIT~IN_ CO~~TV CO R 0, 00 ~_ 0 ~~._ '_.~
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 ADDmONAL FLOOR AREA AND A CDU, GMQS EXEMPTION
FOR A REPLACEMENT UNIT AND A HISTORIC INCENTIVE FOR AN ADDITIONAL
DWELLING UNIT
Determination No.lQ-2007
RECITALS
1. 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.
3. The parcel contains approximately 282 acre, and is a conforming size parcel in the AFR-lO 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 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 or'
5,750 plus the use of one TDR to go to a maximum of8,250 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: "LotI 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
11111111111111I11111111111111111111111111 ::~~1 ~~~! ~3: 18
JRNICE K vas CAUDILL PITKIN COUNTY CO R 0,00 0 0,00
Hearing Officer Determination No. j{}2007
Page 2
11~I~J~ltt~llil!ll[~'mUlllt~J~J~III~1 ~'I ~~L~~!;2: 4~
'_ _ _"'-CO'~-_--_'C~_' .c..::-__ .. _ .._00_. 00.00
(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 TOR 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 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, S 4-140 and C.R.S., S 24-68-105. The statutory vested rights granted herein shall expire on
April 3, 2010.
NOTICE OF PUBUC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
1S'" day of February, 2007.
APPROVED AND ADOPTED this 3,d day of April, 2007.
PUBLISHED AFTER ADOPTION FO}!);:'j,ED REAL PROPERTY RIGHTS in the
As!)l'n Times Weekly on theZZ day of . ,2007.
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY, COLORADO
ATTEST:
HEARING OFFICER OF PITKIN
C~Y' COL~~ ~ ~
Ames R. True,
Hearing Officer
Date: "'113107
/ I '
~~{~
Bonnie Waechtler,
Administrative Assistant
Case #P087-06
PlD# 246726200002
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11111111I1111111111111 ~:~~~~;~:3 :51
JANICE K vas CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
Our Order No: Q387] 83
LEGAL DESCRIPTION
PARCEL 1:
TRACT 73 (ALSO KNOWN AS DESCRIBED AS LOTS 5 AND 6), LOTS ]4, 15, ]6, SECTlON
26, AND TRACT 73 (ALSO DESCRIBED AS LOT 6) A.ND LOTS 15 AND ]6, SECTION 27,
TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERlDIAN, TOGETHER WITH
ALL DITCHES, DITCH .'>.ND WATER RlGHTS APPURTENANT THERETO.
EXCEPTING THAT CERTAIN TRACT OF LAND LOCATED IN SECTION 26. BEJNG A PART OF
TRACT 73. IN TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH PRINGIPAL MERlOIAN,
BEING MORE FULLY DESCRJBED 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 ]29.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF A
ROAD;
THENCE SOUTH 87 DEGREES 27' EAST 190]5 FEET ALONG SAlO RIGHT-OF-W A Y
LINE;
THENCE SOUTH] 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 SlOE OF THE FENCES ENCLOSING SAm CEMETERY,
BEING A TRACT OF LAND APPROXIMATELY 50 FEET BY 35 FEET, AND A PRIVATE
RIGHT-OF-WAY]5 FEET IN WmTH TO AND FROM SAlD CEMETERY EXTENDING FROM THE
SOUTH SIDE OF SAlO CEMETERY TO THE COUNTY ROAD.
EXCEPTING A R]GHT-OF-WAY AS MAY BE NECESSARY TO DRIVE CATTLE FROM THE COUNTY
ROAD NORTHERL Y ALONG THE COURSE OF WHE!\TLEY GULCH TO THE U.S. FOREST LAND LYING
NORTHERL Y OF SAlD DESCRlBED 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 MAYBE PASTURED ON SAID RANGE.
EXCEPTING THE MINERAL INTERESTS RESERVED BY FIERMAN ARBANEY, ALEX F. ARBANEY,
AND LAURENT ARBANEY, JR., IN THAT CERTAlN DEED OF CONVEYANCE OF SAlO ABOVE
DESCRIBED PROPERTY DATED DECEMBER 12, 1959.
AND
A PARCEL OF LAND SITUATED IN TRACT NO. 72 OF SECTlON 26. TOWNSHIP 8 SOUTH,
RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LYING SOUTHERL Y ^,\lD EASTERLY OF
THE TRACT LINE AND NORTHERL Y OF THE CENTER OF THE ROARING FORK RIVER, SAlD
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 SAlD SECTION 26;