EAS2015-0002 - Teton County

Transcription

Board of County Commissioners
Staff Report
Matters from Staff Agenda item: EAS2015-0002
Meeting Date: February 16, 2016
Submitting Dept: Planning and Development
Presenter: Kristi Malone
Subject: Hardeman Meadows South
Open Space Easement Amendment
Statement / Purpose:
Jackson Hole Land Trust is requesting that the Board of Trustees of the Teton County Scenic Preserve Trust
(TCSPT), whose members are the Board of County Commissioners of Teton County, amend the existing
Hardeman Meadows South open space easement in regard to development allowances for their property
located on Highway 22 just southeast of the Wilson Commercial core. Although the Hardeman Meadows South
TCSPT easement encumbers five separate parcels, the proposed amendment only impacts the westernmost
parcel which is owned by Jackson Hole Land Trust (PIDN: 22-41-17-22-4-00-016). The proposed amendment
requests that the following restrictions on development of the parcel be included in the recorded easement:
 The total amount of Site Development may not exceed 40,000 square feet
 The total gross Floor Area of all buildings may not exceed 20,000 square feet
 The total habitable Floor Area of all buildings may not exceed 10,000 square feet
 The total habitable Floor Area used for residential purposes may not exceed 2,000 square feet
 The total square footage of any retail operation may not exceed 4% of the total habitable Floor
Area on the property at any given time, and retail operations are allowed only in conjunction
with a permitted non-profit organization
 All new buildings must be constructed with non-reflective, earth-tone materials compatible
with the natural environment and the style and appearance of the exteriors of existing buildings
 No new buildings may exceed 20’ in height, except rebuilding of existing main barn
 All new exterior lighting associated with buildings must be located in the Homestead Building
Envelope, at a 90° cutoff, and may not exceed 10’ in height
 No berming or landscaping shall have a significant detrimental impact on the public’s scenic
panorama from Wyoming Highway 22
 The total number of parking spaces on the property shall not exceed 38 and shall be located in
designated areas within the Homestead Building Envelope
 The number of organized events of more than 100 people on the property shall not exceed 4
per year, and all events shall take place within the Homestead Building Envelope
 A paved bike path no greater than 10’ wide is allowed to be located on the property but only
within the Homestead Building Envelope or north along Highway 22
Background / Description (Pros & Cons):
The Jackson Hole Land Trust (JHLT), a local non-profit land conservation organization, bought the subject
property, in addition to adjacent lands, in August of 1989. The JHLT retained the right to grant a conservation
easement over all properties involved in the transaction, and a Scenic and Conservation easement on 137 acres
was granted to the TCSPT in February of 1990. The JHLT retained ownership of approximately 27 acres
surrounding the Hardeman barns and applied for a Boundary Adjustment (BDJ 1990-0006) which effectively
combined two parcels resulting in the current configuration of the subject property.
On May 1, 1990, a Conditional Use Permit (CUP 90-0006) was granted to the Snake River Institute for a private
school for the arts, humanities, and natural world (75 people per day on average), including offices, storage,
Organizational Excellence * Environmental Stewardship * Vibrant Community * Economic Sustainability
artist space, and meeting space. The permit included 26 conditions, relating primarily to parking and use
limitations. The Snake River Institute ceased operations in 1998.
Following the closure of the Snake River institute, the JHLT leased the property to the local 4-H until
approximately 2001. The property was then leased to a livestock producer. In 2008, the JHLT began leasing the
property to the Teton Raptor Center.
In 2008, the Teton Raptor Center applied for permits to allow them to use the property to provide care and
rehabilitation for injured birds of prey, as well as educational classes and workshops. The Raptor Center received
approval of a Final Development Plan and a Conditional Use Permit for an Institutional Use to allow use of the
existing house (“horse barn”) as their office and to remodel the existing “machine shed” to accommodate a bird
house/care facility. On July 15, 2008, at the request of the Teton Raptor Center, the Board approved three
variances in conjunction with a Final Development Plan and Conditional Use Permit:
1. A variance to reduce the setback for an Institutional Use in the Rural to 58 feet where 300 feet is
required;
2. A variance to allow a minimum Base Site Area of 26.45 acres for a nonresidential use, where 35 acres
is required; and
3. A variance to allow a Floor Area Ratio of 0.015 where 0.007 is required, and where 0.014 exists.
Another Variance (VAR2008-0011) was issued in 2008 to allow a 15’ wide nonresidential access drive where 24’
is required.
In 2014, A Development Permit (DEV2014-0007) was issued allowing a new 1,000 square foot raptor barn to be
constructed on the property. This approval was accompanied by a Variance (VAR2014-0003) reducing the
structure setback for an Institutional Use from 300 feet to 35 feet.
JHLT is proposing this amendment to TCSPT's conservation easement in anticipation that the Hardeman Barns'
Property may change ownership or use at some point in the future. JHLT, the TCSPT, and the community can
be ensured greater protection of conservation of this property by further restricting the development that is
allowed.
The existing buildings on the property include:
Building
Big Barn (1st and 2nd floors)
Small Horse Barn (1st and 2nd floors)
Old Raptor Barn
New Raptor Barn
Bunk House
Pump House
Bull Barn
Total
Existing Square Footage
9,840 sf
1,600 sf
1,437 sf
1,000 sf
855 sf
384 sf
1,570 sf
16,686 sf
The approved FAR of 0.015, pursuant to the 2008 variance, would allow for a maximum of 17,282 square feet
of floor area on the property.
The Hardeman Meadows South TCSPT easement was recorded in 1990 and was amended in 1994 (EAS19940004). The following table provides a comparison of development allowances as directed by Teton County
Zoning and Land Development Regulations, the existing easement (pursuant to the original easement and 1st
amendment), and the proposed amendment as they apply to the subject property.
Maximum
Rural Zone*
Site
60,289 sf (residential)
Development 56,454 sf (other principal
use)
Floor Area
17,282 sf (other principal
use per VAR2008-0008)
Habitable
Floor Area
17,282 sf (other principal
use)
Residential
8,000 sf
Habitable
Floor Area
Retail
Limited to Home
Operation
Occupation or Home
Business with BUP/CUP
Existing Easement
Not specified
Building
Exteriors
Residences must be nonreflective, earth-tone
Structure
Height
Exterior
Lighting
Scenic
standards
35’
Style and appearance must be Non-reflective, earth-tone,
western and compatible with compatible with natural
the Property’s ranch history
environment and existing
buildings/history
25’ primary residential, 20’ 20’ for all buildings except
accessory residential
main barn
Not specified
90° cutoff, 10’ height
Parking
Events
90° cutoff, 1 footcandle,
18’ height
SRO foreground standards
Proposed Amendment
40,000 sf total
Constrained by size of building 20,000 sf total
envelope; nonresidential
limited at 20,000 sf
Only constrained by size of 10,000 sf total
building envelope
Only constrained by size of 2,000 sf
building envelope
Limited to Home Occupancy
4% of total habitable floor
area; must be associated
with non-profit
No landscaping detrimental to No berming/landscaping
view from Hwy 22
detrimental to view from
Hwy 22
Only limited by Site
Located within Homestead 38 spaces only in area
Development allowance
Building Envelope
designated within
Homestead Building
Envelope
Based on individual Special Not specified – other than 4 per year for events with
Events Permits issued
limitations to parking lot use over 100 attendees; must be
and frequency
located in Homestead
Building Envelope
*per Teton County Land Development Regulations adopted Dec. 22, 2015
Compliance of the Proposal with the TCSPT Amendment Policy
In 2006, the TCSPT adopted the Resolution Governing Conservation Easement Amendments outlining standards
and procedures for approval of amendments to conservation easements. Evaluation of the proposed
amendment against standards for approval of easement amendments follows.
A. General Standards
1. In no case shall an amendment be allowed that adversely affects the TCSPT’s qualification as an
organization authorized under Section 501(c)(3) of the Internal Revenue Code.
2. The net result of an amendment shall not confer any private financial or economic benefit.
3. Final approval of an amendment request rests with the Trustees of the TCSPT, in their discretion, based
on the standards recited in this resolution.
Complies. By further limiting allowed development of the property, the amendment does not impact TCSPT’s
authorization under Section 501(c)(3) of the Internal Revenue Code, nor does it confer any private financial or
economic benefit. Although Staff is recommending approval of the request based solely on an evaluation of the
proposal against the General Standards for amendments, approval or denial of an amendment is at the
discretion of the Trustees of the TCSPT. To assist the Board in decision-making, Staff has also evaluated the
proposal against the specific standards to be considered for approval of an amendment.
B. Standards for Considering the Approval of Conservation Easement Amendments:
1. Correction of an error or clarification of an ambiguity. The TCSPT shall allow amendments made to
correct an error or oversight in an original conservation easement. This may include correction of a legal
description, inclusion of standard language unintentionally omitted, or clarification or ambiguous
language.
Not Applicable. The applicant’s request for amendment is not for correction of an error or clarification of
an ambiguity.
2. Modifications consistent with the conservation purposes. At times, a landowner may request an
amendment that modifies the restricted uses or areas of an easement property due to unforeseen
adverse conditions or hardships. These requests for amendment shall be allowed if:
a. The amendment is consistent with the conservation purposes of the easement, and
b. The amendment creates a condition that strengthens protection of the conservation values
identified in the easement and results in a net conservation benefit, and
c. The amendment is not likely to create a significant adverse public perception of the TCSPT or
significantly undermine the public’s perception of the reliability of conservation easements as
a land conservation tool.
Complies. The purpose of the conservation easement is to preserve and protect the natural and scenic
values of the property that yield significant public benefit. By further limiting the development potential in
regard to scale, appearance, and use, the proposed amendment is not only consistent with conservation
purposes, but strengthens the protection of conservation values and results in a net conservation benefit.
It is unlikely that approval of the amendment would negatively impact public perception of the TCSPT or
conservation easements as a land conservation tool. The proposed amendment restricts, rather than
promotes development and consists entirely of limiting parameters intended to further the purpose of
conserving the natural and scenic values of the property. It is important to note that regardless of
development restrictions contained in the proposed amended easement, the JHLT or its Lessee(s) would
still be required to comply with the LDRs and make any and all necessary applications for development or
use.
3. Modifications required by easement terms. The TCSPT shall allow amendments necessary to comply
with the terms of the conservation easement, such as a provision in the easement allowing modifications
at a future date under specified conditions.
Not applicable. The applicant’s request for amendment is not required by easement terms.
Statement of Strategic Intent addressed by this item (Identify BCC goals accomplished/addressed):
This proposal addresses the strategic goal of Environmental Stewardship. The conservation easement preserves
open space that protects wildlife habitat and scenic resources and the amendment further promotes that
purpose.
Attachments:
1. Map of Easement Configuration and Subject Property
2. Public Comment
3. Original 1990 TCSPT Hardeman Meadows South Open Space Easement
4. 1994 Amendment of TCSPT Hardeman Meadows South Open Space Easement (1st amendment)
5. Application Materials and Draft Amendment Document (2nd amendment)
Fiscal Impact:
Approval of this easement amendment will not result in any immediate expenses for Teton County.
Staff Impact:
Staff impact associated with this proposal includes review of the easement amendment request.
Legal Review:
Deputy County Attorney Erin Weisman has reviewed the proposed 2nd Amendment to Warranty Deed and Scenic
and Conservation Easements with Planning Staff. Minor changes to form and content of the document were
requested by Ms. Weisman and were completed by the applicant.
Public Comment: Neighbor notices were sent to all property owners within 1300 feet of the subject property.
Although, several inquiries were received requesting clarification of the terms of the amendment, only one item
of critical commentary was received. Please see Attachment 2.
Recommendation:
Staff recommends that the Board of Trustees of the TCSPT APPROVE the amendment EAS2015-0002, as
proposed by the applicant, based on the finding that the proposal complies with all standards of the TCSPT
Resolution Governing Conservation Easement Amendments.
Suggested Motion:
Move to approve the 2nd Amendment to Warranty Deed and Scenic and Conservation Easements (EAS20150002), as proposed by the applicant to further restrict development of the Jackson Hole Land Trust Property
encumbered by the Teton County Scenic Preserve Trust’s Hardeman Meadows South Easement, based on the
finding that the proposal complies with all standards of the TCSPT Resolution Governing Conservation Easement
Amendments.
ATTACHMENT 1: Map of Easement Configuration and Subject Property
Wilson
Hwy 22
Subject
Property
ATTACHMENT 2: Public Comment
ATTACHMENT 3: Original 1990 TCSPT Hardeman Meadows South Open Space Easement
ATTACHMENT 4: 1994 Amendment of TCSPT Hardeman Meadows South Open Space Easement
ATTACHMENT 5: Application Materials and Draft Amendment Document
Mailing Address
P0
Zip code
110 7
Phone
Owner ifdii
different than applicant
1J
Mailing Address
Phone
Zip code
Agent ifdii
different than applicant
Mailing Address
Phone
Zip code
Project description name
IA
PIDN
I
Q
22
AJJ
Q
22
kz 1 Lo
Other permit s requested
I hereby certify that all information required on the Open Space Easement Review Application
Checklist is submitted as a part of this application and to the best of my knowledge all
information submitted in this application is true and correct I grant permission to Teton County
and its partnering agencies to enter the property described above during normal business hours
after making a reasonable effort to contact the owner applicant prior to entering the property
Signature
Date
Lando
plicant or Agent
Open Space Easement Review EAS Application
1
Application Form Date 612412011
OPEN SPACE EASEMENT REVIEW EAS APPLICATION
CHECKLIST OF SUBMITTAL REQUIREMENTS
An EAS application is required in the following situations check which applies
Dedication of required open space
Residential development projects with required open space as outlined in Table 2400
Schedule ofDimensional Limitations must demonstrate that the proposed open space areas
meet the requirements of Division 4300 Open Space Standards for Residential Developments
This review is required even if the conservation easement covering the proposed open space
areas has already been recorded Requirements for this type of review are outlined in Section
A below Working Ranch subdivisions Section 2350 proposing to restrict open space with a
conservation easement must submit an EAS application
Request to amend easement terms on existing open space
Development projects with an existing open space easement held by the Teton County
Scenic Preserve Trust may request to amend the open space easement in certain situations
Requirements for this type of review are outlined in Section B below
All submittals must include
1 Application A completed signed EAS application form
2
Letter of Authorization
A letter of consent from the landowner is required if the applicant is not the landowner or if
an agent is applying on behalf of the landowner
3
Deed
Copy of the most recently recorded deed to the property This is proof of ownership of the
property and to provide a legal description
4 Fee In accordance with the applicable fee schedule at the time of application
Note Information provided by the applicant or other review agencies during the planningprocess may identify
other requirements that were not originally evident The applicant remains responsibleforfulftlling all legal
requirements ofall agencies with suffcientjurisdiction over the proposed project whether or not those
requirements arefully identified in this Checklist or in representations made by any individual or representative
SECTION A DEDICATION OF REOUIRED OPEN SPACE
For residential development projects with required open space the following information
shall be submitted It may be submitted separately or may be included in the Final
Development Plan application packet LDR source ofrequirement in italics
1
Environmental Analysis Section 4230 and 4330 A I e
In the case of newly created open space easements this document may also serve as the
Baseline Inventory Documentation of the Condition of the Open Space Land referenced in the
easement The applicant should be aware that it may need to be supplemented with on site
photographs of the current conditions of the land While a formal EA is not required for
Working Ranch subdivisions Section 2350Y documentation of the conditions of the open space
2
land will still be required
2 Map of Required Open Space and Areas of Public Benefit Section 4330 A 3
A map that shows how the configuration and location of the required open space protects the
Areas of Public Benefit identified in Subsection 4330 A Configuration and Location of
Required Open Space and shows how the Areas of Public Benefit are protected in priority
order as outlined in Subsection 4330 A 2 Order ofPriorityfor Protecting the Areas ofPublic
Benefit
3
This may be included in the Environmental Analysis referenced above
Proposed Record of Restriction Section 4330 D
A copy of the legal instrument that shall provide for the perpetual preservation of the required
open space If not already recorded the document shall indicate a proposed Grantee All
exhibits referenced in the document shall also be provided
SECTION B AMENDMENT OF EXISTING TCSPT EASEMENT
The following information must be included in an EAS amendment application
Resolution
Governing Conservation Easement Amendments Section S A
1 Description of the proposed changes on the property
What portions of the property will the proposed actions affect
What does the landowner want to do
2 Map of open space property showing affected areas
3 Reasons why request is warranted
Amendments may be allowed in any one of the following situations Resolution Governing
Conservation Easement Amendments Section B
1
Correction ofan error or clarification ofan ambiguity The TCSPT shall allow amendments made
to correct an error or oversight in an original conservation easement This may include correction
of a legal description inclusion of standard language unintentionally omitted or clarification of
2
Modifications consistent with the conservation purposes At times a landowner may request an
ambiguous language
amendment that modifies the restricted uses or areas of an easement property due to unforeseen
adverse conditions or hardships These requests for amendment shall be allowed if
a
The amendment is consistent with the conservation purposes of the conservation
easement
and
b
The amendment creates a condition that strengthens protection of the conservation values
identified in the easement and results in a net conservation benefit and
c
The amendment is not likely to create a significant adverse public perception of the
TCSPT or significantly undermine the public s perception of the reliability of
conservation easements as a land conservation tool
3
Modifications required by easement terms The TCSPT shall allow amendments necessary to
comply with the terms of the conservation easement such as a provision in the easement allowing
modifications at a future date under specified conditions
Documentation as to how the request fulfills one of these three options shall be provided The
applicant should be aware that requests based on Option 2 may require additional documentation
regarding the resource values present on the property
4 Draft amendment document
A copy of the legal instrument to be recorded to document the proposed changes The amendment
document shall include at minimum
3
introduction to the parties to the transaction
statement nf the porpnoc s of the amendment request
the proposed text u6an8om
documentation as to the net increase in conservation provided by the transaction
if required above
legal descriptions of the affected property
copies ny all exhibits referenced
X
nthod000mcut
Digital requirement
All applications submitted tothe Teton County Planning Department are required to submit
digital copy of all materials at the time the application im determined tobesufficient
Open Space Easement Review EvS Application
4
Application Form Date uowzm
WhVI UM DEED
HOWARD G
HARDRMAN and EARL ZDWARD HARDEMAN
Trustees of the
Trust for the Children of Gerrit Hardeman of Jackson Teton
County Wyoming and LAMAR AM HARDVMAN also known as Alta
LaMar Hazdaman individually Grantors for and in consideration
of Ten Dollars and other good and valuable consideration in hand
paid receipt whersof a s hereby acknowledged CONVEYS and
i
WARRANTS to JACKSON BOLE LAND TRUST a Wyoming nonprofit
corporation of Jackson Teton County Wyoming Grantee whose
address is P
Cache
O
Uaokson
Box 2897
Wyoming
Old Court House Place
83001
180 South
the following described real
i
estate situated in Teton County and the state of Wyoming
1
releasing and waiving any and all rights under and by virtue of
the homestead laws of the State of Wyoming to wits
That part of the SW 4SE 4 of Section 22
County
Wyoming
T41N
desoribed as follows
hereby
R117W
Teton
BEGINNING at a point
I
j
on the went line of the said SW 4SS 4 and on the south
right of way line of State Highway 22 N 00 degrees 00 8
minutes E 1264 63 feet from the south one quarter corner of
L
said Section 22 where found a 2
galvanized steel pipe with
braes cap inscribed
WYOMING T41N
PAUL N
SCHERBEL RLS164 BIG PINEY
R117W 1 4 622 327 1966
thence N 89 degrees
20 5 minutes E
330 3 feet along the said right of way line
to a pountj thence S 06 degrees 17 5 minutes W 588 8 feet
to a point
thence S 89 degrees 20 5 minutes W 265 85 feet
parallel to the north line of said tract to a point on the
said west line of said SW 48E 4
minutes N
584 59 feet along the said west line to the point
of beginning
24
i
thence N 00 degrees 00 5
i
each point marked by a steel T shaped stake
long with brass cap inscribed
SURVEY POINT DO NOT
DISTURB RLS164
EXCEPTING THEREFROM the North 40 feet by conveyance to Teton
County by Warranty Deed dated August 2
August 3
1927
in Book A of Deeds
above described parcel
Together with all privileges
1927
recorded
page 613
bereditaments
as to the
tenements
and
appurtenances thereunto belonging or in anywis
appertaining
together with all buildings and i mprovements
thereon situate and all rights and easements appurtenant
thereto
SUBJECT T0
restrictions
All covenants
easements
conditions
and reservations
of record
lU
DATED this
of August
1989
HOWARD G
HARDEMAN and SARI
HARDEMAN
Trustees of the Trust for My
EDWARD
t
Children created under the Will of
GPTr3
RArr1
VnAn
D
EARL EDWARD
FREL ASED
ac
ND XED
N
Trustee
APa
D
n4
j
L
I
TED
ALTA LAMAR HARDTMAN
Individual ly
WARRANTY DEED
HOWARD 0
HARDEMAN and EARL EDWARD HARDEMhN
Trustees of the Trust for My Children created under
the Will of Gerrit Hardeman and LAMAR ALTA HARDBmAN
also known as Alta LaMar Hardeman Grantors
JACKSON HOLE LAND TRUST
Grantee
Page 2
STATE OF WYOMING
SS
COUNTY OF TETON
The foregoing instrument was acknowledged before me by
HOWARD G
RARDAMAN and EARL EDWARD HARDXMhN
and Earl Edward Hardeman
created under the Will of Gerrit Herdsman
August
Howard G
Trustees of the Trust for W
1989
this
g
Hardeman
Children
day of
WITNESS my hand and official seal
J
1
My commission expires
r4
STATE OF WYOMING
I
SS
COUNTY OF TETON
The foregoing instrument was acknowledged before me by LAMAR
ALTA
VJyDP
this
also known as ALTA LAMAR HARDEMAs
day of August
1989
Individually
WITNESS py hand and official seal
4
My Commission expires
7
Jackson Hole Land Trust Request to Amend the
Teton County Scenic Preserve Trust s
Hardeman Barns Conservation Easement
November 205
Submitted by
Liz Long Director of Conservation
In keeping with Section 5 A of the Resolution Governing Conservation Easement
Amendments 10 31 2006 I am submitting a written request to amend the Teton County
Scenic Preserve Trust TCSPT Easement on our Hardeman Barn s property Jackson Hole
Land Trust OHM
as the owner of the Hardeman Barns Property further identified in the
attached map intends to further restrict the development potential allowed for in the
original 1990 conservation easement donated to the TCSPT and recorded in Teton County
Wyoming on February 6 1990 in Book 221 of Photo at Pages 412 451
JHLT would like to strengthen the protection of the conservation values identified in the
TCSPT easement and further restrict future development resulting in a net conservation
benefit The 1990 TCSPT easement states
the Property contribute s significantly to the
scenic beauty of Jackson Hole when viewed from Wyoming Highway 22 and from various
points in the Bridger Teton National Forest and the development prohibited by this
Instrument would seriously impair the scenic character of the local rural landscape and
would interfere with the general public s enjoyment of scenic panoramas
JHLT
recognizes the likelihood of the Property changing hands at some time in the future and this
amendment will ensure that regardless of ownership the conservation values are upheld in
perpetuity
Presently the Teton County Regulations and the TCSPT conservation easement allow for
the full site build out including a large private residence within the building envelope JHLT
would like to amend the current conservation easement in order to insure that this amount
of residential space and build out will never be realized on this historic property if and when
the property does in fact change ownership The following are additional key terms of the
amendment JHLT is proposing for further detail and all terms see Draft Amendment
attached
The total amount of Site Development does not exceed 40 000 square feet
The total gross floor area of all buildings does not exceed 20 000 square feet
Only up to 10 000 square feet of all buildings may be Habitable Floor Area
Only up to 2 000 square feet of the total Habitable Floor Area of all buildings may be
used for residential purposes
The square footage of any retail operation may not exceed 4 of the total Habitable
Floor Area on the Property at any given time and retail operations are allowed only if
in conjunction with a permitted non profit operation
All new buildings must be constructed with non reflective earth tone materials
compatible with the natural environment and the style and appearance of the
exteriors of existing buildings
At no point shall there be more than 38 parking spaces on the Property
No more than four 4 organized events of more than 100 people are allowed each
year and all events shall take place within the Homestead Building Envelope
The Hardeman Barns define Jackson Hole s rural character and ranching heritage are an
important scenic property along the heavily travelled Highway 22 and enhance the Town of
Wilson s agricultural setting and identity In 1989 broad community support aided in JHLT s
successful campaign to save the 137 acre Hardeman Barns and Meadows from development
into a 70 unit subdivision In keeping with Section 4 B 2 of the Resolution the amendment
a is consistent with the conservation purposes of the easement
b strengthens protection
of the conservation values identified and results in both a net conservation benefit and c is
not likely to create significant adverse public perception of the TCSPT or significantly
undermine the public s perception of the reliability of conservation easements as a land
conservation tool Strengthening the protection of the scenic and agricultural values
Hardeman Barns provides to the community not only furthers the mission of TCSPT
specifically protecting Teton County s priceless environmental quality and scenic beauty
but ensures the Property s existence for future generations
Attachments
Map of property showing affected areas
Draft amendment including legal description
2ND AMENDMENT TO WARRANTY DEED AND
SCENIC AND CONSERVATION EASEMENTS
This 2ND AMENDMENT TO WARRANTY DEED AND SCENIC AND
CONSERVATION EASEMENTS (this “Amendment”) is made effective this ___ day of _____
2016, by and between the JACKSON HOLE LAND TRUST, a Wyoming nonprofit corporation,
the address of which is P.O. Box 2897, Jackson WY 83001 (“Grantor”), and the TETON
COUNTY BOARD OF COUNTY COMMISSIONERS, acting as Trustee(s) of the BOARD OF
TRUSTEES OF THE TETON COUNTY SCENIC PRESERVE TRUST of Teton County,
Wyoming, whose mailing address is c/o the Teton County Clerk, P.O. Box 1727, Jackson,
Wyoming 83001 (“Grantee”).
RECITALS
A.
B.
C.
Grantor conveyed to Grantee certain scenic and conservation easements that
are described in that certain instrument entitled “Warranty Deed and Scenic
and Conservation Easements,” which was recorded on February 6, 1990 in
Book 221 of Photo at Pages 412-451 in the records of the County Clerk of
Teton County, Wyoming (the “Conservation Easement”).
An instrument entitled “Correction of Warranty Deed and Scenic and
Conservation Easements” correcting legal descriptions included in Exhibits
A, B, C, E and F of the Conservation Easement was recorded on February
7, 1991 in Book 234 at Pages 191-199 in the records of the County Clerk of
Teton County, Wyoming.
An instrument entitled “Amendment of Warranty Deed and Scenic and
Conservation Easements” was recorded on July 29, 1994 in Book 293 at
Pages 675-688 in the records of the County Clerk of Teton County,
Wyoming.
D.
The Conservation Easement encumbers the real property described on Exhibit A
attached hereto and made a part hereof (the “Property”).
E.
Grantor is the owner of the Property and the Property is subject to the Conservation
Easement and any all subsequent amendments to the Conservation Easement.
F.
Grantor and Grantee now intend to amend the Conservation Easement in order to
further restrict the number and size of the structures allowed on the Property, decrease the size of
the Homestead Building Envelope, restrict the number of events allowed to be held on the Property
in any given year, and further restrict the allowed site development and site layout for the purposes
of increasing protection over the scenic values and maintenance of the rural character of the
Property protected by the Conservation Easement
G.
Grantor and Grantee now intend to amend the Conservation Easement as more
specifically set forth herein to further restrict the use of the Property by the Grantor and any
successors in interest.
2nd Amendment to Warranty Deed and Scenic and Conservation Easement (Hardeman Barn Parcel)
Page 1 of 8
H.
Grantor and Grantee agree that this Amendment is consistent with the intent of the
Conservation Easement and protection of the values protected thereby.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and
covenants set forth herein, Grantor and Grantee hereby amend the Conservation Easement as
follows:
1. Section 4.17 of the Conservation Easement is hereby amended and restated to read in its
entirety as follows
4.17.
To construct, enlarge, remodel, renovate, replace, rebuild, repair, relocate
and use buildings in the “Homestead Building Envelope,” which envelope is described
in Exhibit B attached hereto and by this reference made a part hereof, provided that:
4.17.1. the total amount of Site Development does not exceed 40,000 square feet;
4.17.2. the total Gross Floor Area of all said buildings does not exceed 20,000
square feet;
4.17.3. only up to 10,000 square feet of all said buildings may be Habitable Floor
Area;
4.17.4. only up to 2,000 square feet of the total Habitable Floor Area of all said
buildings may be used for residential purposes;
4.17.5. the square footage of any retail operation may not exceed 4% of the total
Habitable Floor Area on the Property at any given time, and retail operations may only
be permitted if such operations are in conjunction with a permitted non-profit operation
on the Property;
4.17.6. in general, the style and appearance of the exteriors of all said buildings
shall be western and compatible with the Property’s ranching history, and all new
buildings within the Homestead Building Envelope must be constructed with nonreflective, earth-tone materials compatible with the natural environment and the style
and appearance of the exteriors of existing buildings on the Property;
4.17.7. the residential use in the Homestead Building Envelope does not exceed the
residential activity allowed under applicable governmental law on one (i.e. undivided)
single-family residential lot in Teton County, Wyoming, having the same size as the
Homestead Building Envelope;
4.17.8. no building constructed after the date of the execution of this Amendment
exceed twenty feet (20’) in height above the natural level of adjacent ground, except
that if the existing main barn is destroyed it may be rebuilt to its original height; and
Page 2 of 8
4.17.9. all new external lighting associated with said buildings must be located
within the Homestead Building Envelope, and shall be 90 degree horizontal cutoff
downcast fixtures and shall not exceed ten feet (10’) in height.
4.17.10. no berming or landscaping shall have a significant detrimental impact on
the public’s scenic panorama from Wyoming Highway 22 that this Conservation
Easement is intended to protect.
entirety as follows:
4.19.
[Intentionally Omitted]
entirety as follows:
4.23.
To construct, rebuild, maintain, repair and use gravel or paved parking
areas, but only within the Homestead Building Envelope and the Parcel A Building
Envelope. Parking may occur anywhere within the Parcel A Building Envelope provided
that any such parking area and any related landscaping not have a significant detrimental
impact on views from Wyoming Highway 22, as determined by the Grantee in its absolute
discretion. Parking may occur within the Homestead Building Envelope, but only in the
locations detailed on Exhibit B or as otherwise approved by the Grantee, in its sole and
absolute discretion, and further provided that at no point shall there be parking spaces for
more than thirty-eight (38) vehicles within the Homestead Building Envelope.
4. The following provision is hereby added as Section 4.39 of the Conservation Easement:
4.39.
To hold organized events on the Property as allowed by other subsections
under this Section 4, provided that no more than four (4) organized events of more than
one hundred (100) people at each event are allowed each year unless approved in
writing by the Grantee in its sole and absolute discretion. All events must occur entirely
within the Homestead Building Envelope.
5. The following provision is hereby added as Section 4.40 of the Conservation Easement:
4.40. To construct, locate, maintain, repair and use on the Property a paved bike path
no greater than ten (10) feet wide for access to and/or across the Property, provided that
the bike path is located either within the Homestead Building Envelope or north of the
Homestead Building Envelope along Wyoming Highway 22.
6. The following definitions are hereby added to Section 12 of the Conservation Easement as
new Section 12.7, Section 12.8, Section 12.9 and Section 12.10:
Page 3 of 8
12.7. The term “Gross Floor Area” shall mean the total of all habitable and nonhabitable floor area in a structure on all levels. Gross floor area includes basements, and partial
levels such as lofts, mezzanines, and interior balconies. It also includes foyers, hallways,
restrooms, storage and other common areas within a building.
12.8. The term “Habitable Floor Area” shall mean, with respect to a building, all
interior building levels, basements and partial levels such as lofts and interior balconies, but
excluding attics and unenclosed porches, having access to heat, plumbing, and electricity. It
includes foyers, hallways, restrooms, closets, storage, and other common areas within a
building. Habitable Floor Area does not include garages, storage sheds, mechanical rooms,
elevators, fireplaces, or rooms used solely for the housing of animals. Habitable Floor Area is
measured from the exterior limits of the faces of the building or the exterior limits of any
interior wall that separates Habitable Floor Area from non-habitable floor area.
12.9.
The term “Site Development” means any area of the Homestead Building
Envelope covered by buildings (exclusive of eaves), structures, Impervious Surfaces, porches,
decks, terraces, patios, driveways, paved pathways or parking areas.
12.10.
The term “Impervious Surface” means surfaces that are covered by asphalt,
concrete, roofs, or any other surface that does not allow water to percolate into the soil, but not
roads, pathways or parking lots with soil or gravel surfaces.
Page 4 of 8
IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves, have set
their hands on the date first written above.
GRANTOR:
Jackson Hole Land Trust, a Wyoming nonprofit
corporation
By:______________________________________
Scott Pierson, President
STATE OF WYOMING
COUNTY OF TETON
)
) ss.
)
The foregoing instrument was acknowledged before me this ____ day of ____________, 2016, by
Scott Pierson as President of the Jackson Hole Land Trust, a Wyoming nonprofit corporation.
Witness my hand and official seal.
______________________________________
Notary Public
My commission expires:
Page 5 of 8
GRANTEE:
Board of Trustees of the Teton County Scenic Preserve
Trust of Teton County, Wyoming
By:
Barbara Allen, Chair
Attest by:
_________________________________
Sherry L. Daigle, County Clerk
Teton County, Wyoming
STATE OF WYOMING
COUNTY OF TETON
)
) ss.
)
The foregoing instrument was acknowledged before me this ____ day of ____________, 2016, by
Barbara Allen, as Chair of the Board of Trustees of the Teton County Scenic Preserve Trust of
Teton County, Wyoming.
Witness my hand and official seal.
_____________________________________
Notary Public
My commission expires:
Page 6 of 8
EXHIBIT A
Legal description of the Property
PIDN 22-41-17-22-4-00-016
(see attached)
Page 7 of 8
EXHIBIT B
Amended Homestead Building Envelope
and
Approved Parking Locations
(see attached)
Page 8 of 8
D
R
AF
T
Exhibit B: Homestead Building Envelope and Approved Parking Locations
±
Approved Parking
Amended Homestead Building Envelope
Parcel Boundaries
0
0.01
1:750
0.02 Miles

EAS2015-0002 - Teton County

Transcription

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