HomeMy WebLinkAboutbocc.ord.018.2010ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, AMENDING TITLE 8 OF THE PITKIN COUNTY CODE, SPECIFICALLY
THE 2006 LAND USE CODE, AMENDING SECTION 7 -20-70 (c), WILDLIFE HABITAT
AREAS, GENERAL STANDARDS
Ordinance No. 06' -2010
RECITALS
Pitkin County Community Development Staff has initiated a Land Use Code amendment to
amend the Pitkin County Land Use Code (PCLUC) to require round handled door knobs on
exterior doors in wildlife habitat areas. The amendment is made to the following section.
Chapter 7
EXHIBIT A — Amended Section 7 -20 -70 (c) Wildlife Habitat areas, General Standards.
The Planning and Zoning Commission reviewed the proposed amendment at a regularly
scheduled meeting on June 15, 2010. The Commission voted 3 -0 to recommend approval to the
BOCC in favor of the proposed code amendment.
The BOCC reviewed the application at I' Reading at a duly noticed public hearing on July 28,
2010, and at a duly noticed public meeting on August 11, 2010. Evidence and testimony were
presented with respect to this amendment.
4. The BOCC finds that this Code Amendment is consistent with Pitkin County's goals and policies
regarding land use and development in the County.
5. The BOCC further finds that the amendment to the Code is consistent with County
Comprehensive Plans and in compliance with Section 2- 40 -10.
NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County
Commissioners that it hereby amends Section 7 -20 -70 (c) of the 2006 Pitkin County Land Use Code, as
set forth in Exhibit A.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 1 l day of July, 2010.
INTRODUCED ON FIRST READING AT A PUBLIC HEARING on the 28th day of July, 2010.
APPROVED AND ADOPTED ON SECOND READING AT A PUBLIC MEETING on the 11 day
of August, 2010
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the �� day of 2010.
Ordinance No. ft.201 0
Page 2
APPROVED AS TO FORM:
John Ely,
Co ey
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
George Newman
Chair
Date: 08 - .21- 2tof U
APPROVED AS TO CONTENT:
C4nv Hou ben,
Community Development Director
lancec /does /code amendment door knobs ordinance.doc
2
7- 20 -70: WILDLIFE HABITAT AREAS
This section establishes land use standards for wildlife habitat to preserve, protect, and expand
the full range of biodiversity present in Pitkin County. Wildlife habitat shall be addressed broadly
to include locations that are ecologically significant and where activities or structures would
interfere with important wildlife functions and activities. For purposes of this Sec. 7- 20 -70,
Constrained Areas shall include, but shall not be limited to, locations that include: any portion of a
wetland; riparian habitat; critical wildlife habitat; severe winter range, and /or winter concentration
areas; wildlife migration corridors or habitat; wildlife production, birthing or calving areas;
important waterfowl and wading bird habitat areas; significant mountain sage, aspen, and
mountain shrub dominated habitat; and rare, imperiled, sensitive, threatened, or endangered
species critical habitat.
(a) Wildlife Habitat Maps
Areas of designated wildlife habitat are shown on the Colorado Division of Wildlife (CDOW)
Species Activity Maps (the Wildlife Maps), which are maintained in the Community Development
Department and hereby adopted by reference, and may be amended from time to time by the
Colorado Division of Wildlife. Areas shown on those maps are known to be wildlife habitat areas
by the Colorado Division of Wildlife. In all cases, mapping will be field verified by the Colorado
Division of Wildlife or a wildlife expert approved by Pitkin County. The following regulations shall
apply to all areas known to be wildlife habitat as a result of such field verification, regardless of
whether those areas are mapped on the wildlife maps.
(b) General Principles
Delineation of the Activity Envelope, and the location and design of activities and structures within
the Activity Envelope, shall be based on consideration of the five (5) principles listed in
subsections (1) through (5) below. These principles shall be evaluated not only on a site specific
basis, but should also be used to consider the location and role of the property in the context of
larger habitat and wildlife patterns. Implementation of these principles may also include
consideration of connectivity between other parcels and the cumulative effect of the proposed
activity or development in light of other activity in the area affecting related habitat areas.
Approved development shall:
(1) Maintain large, intact areas of native vegetation and habitat area by preventing
fragmentation of those patches by development.
(2) Protect rare landscape elements such as locally rare vegetation, unique rock formations,,
sheltered draws or drainage ways, or other features, and guide development towards areas
of landscape containing more common elements.
(3) Maintain connections among wildlife habitats by identifying and protecting corridors for
movement.
(4) Contribute to the regional protection of rare species by protecting their habitat locally.
(5) Minimize the combined and cumulative impacts of activities and development on wildlife
species, wildlife habitat, wildlife movement, and unique landscape elements.
(c) General Standards
The standards in this section apply to all wildlife habitat areas shown on the Species Activity
Maps or field verified by a wildlife expert approved by the County, or by the Colorado Division of
Wildlife.
(1) When existing native vegetation must be altered within the Activity Envelope, the applicant
may be required to prepare a habitat mitigation plan acceptable to the County. Such
h
CHAPTER 7: DEVELOPMENT STANDARDS
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7'20-10; Wildlife Habitat Areas
mitigation plan may substitute (in a nearby area on the subject property) vegetation equal in
type and quantity to that being removed to mitigate effects on wildlife species. Should there
be no opportunity on the property for habitat mitigation or restoration, off -site mitigation
benefiting the same species may be required, or financial mitigation may be paid into a
County habitat mitigation fund should such a fund be established in the future.
(2) Manipulation of vegetation outside of the Activity Envelope is prohibited.
(3) Mesh or woven wire fences are prohibited outside the Activity Envelope.
(4) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not
exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width
(top view), and shall have at least eighteen (18) inches between the lower two (2) rails.
(5) Wire fencing must be three (3) strands or less. The top wire should be a twelve- point -five
(12.5) gauge twisted barbless type at a maximum height of forty -two (42) inches. The middle
strands (which may be barbed) should be located a minimum twelve (12) inches apart and
from the top wire preventing entanglement when mule deer jump over. The bottom strand
should be sixteen (16) inches from the ground.
(6) Tall overly mature trees and standing dead trees (snags) should be retained at the rate of
two (2) to five (5) per acre whenever possible as nesting and perching habitat.
(7) In areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited within
the Activity Envelope. This does not include pre- existing native trees and shrubs.
(8) Development shall be clustered to the maximum extent possible to minimize impact on
wildlife.
(9) Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying,
or otherwise managing wildlife.
(10) Trash /garbage shall be kept in an approved bear fesistant proof container or enclosure.
(11) Bird feeders, including hummingbird feeders, shall be hung away from any deck or window,
and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All
seed feeders shall include a seed catchment pan to catch discarded seed.
(12) Horse grains, pellets, and cookies shall be stored in bear resistant containers.
(13) Pet food shall not be left outside.
(14) All outside doors shall utilize oniv solid round handled door knobs unless another tvoe is
reauired by the aoolicable Buildina Code for disabled accessibilitv ourooses.
(15) (Reserved for standard for raptor protection from new above ground utility poles).
Land Use Code Pitkin County, Colorado
July 2006 Paget