HomeMy WebLinkAboutpitkin.planning.264511401001DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P &Z
Ordinance for the BOCC and /or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
Parcel ID: 2645- 11 -4 -01 -001 Application Date: 9/26/12 Case No: P094 -12
Description: Davis Minor Amendment Planner: Suzanne Wolff
# Copies: 7
Allocated Hours: 3
Project Address: 4303 SNOWMASS CREEK RD, SNOWMASS, CO 81654 % Over Hours: 3.6
Property Owner: DAVIS
Owner's REP: BRADLEY DAVIS
REP's Email: brad @fortstreetstudio.com
Address: 34 LAIGHT ST, 3
NEW YORK, NY 10013
Address 34 LAIGHT ST, 3
NEW YORK, NY 10013
Owner Phone: (212) 925 -5383
REP's Phone: (212) 925 -5383
Referrals: CDOW Other Referrals: Snowmass /Capitol Caucus 11/20/12
ALL OTHER REFERRALS Aspen Valley Land Trust none
Comments Due Date: 11/16/2012
Meetings: list Meeting: 2nd Meeting:
Meeting Date: 11/28/2012
Review Body: bocc
Public Hearing? no
Notice Date:
Meeting Notes:
Approvals:
BOCC Resolution #: 101 -2012 #594731 P &Z Determination #:
BOCC Ordinance #: HO Determination #:
Admin Determination #:
Other Information:
VR Approval Date: Plat Recorded Date:
VR Expires Date: Plat (Bk, PG): n/a
Remarks: no vesting
Application Type: MinorAmendment to a Development Permit
3rd Meeting:
MEMORANDUM
TO: Board of County Commissioners
Regular Meeting — November 28, 1.012
THRU: Cindy Hoube,ommunity Development Director
FROM: Suzanne Wolff, Senior Planner
RE: Davis Amendment to BOCC Resolution Nos. 90 -25 and 91 -93 Re: Dog Restriction
REQUEST: The Applicant is requesting to amend the prior approvals to allow dogs on the lot, subject
to a kenneling restriction.
APPLICANT: Brad Davis & Janis Provisor
LOCATION: Lot I, Davis /Donnelley Lot Split; Snowmass Creek Road
ZONING/LOT SIZE: RS -30; 35 acres
BACKGROUND: The BOCC approved the Davis /Donnelley Lot Split, pursuant to Resolution Nos. 90 -25
and 91 -93 (attached). The Final Plat was recorded in Plat Book 27 at Page 90. The primary issue in the
review of the lot split was the protection of wildlife habitat on the property. Building and Human Activity
Envelopes were established on the plat, and the Applicant agreed to limit the size of structures on the lots to
7,500 square feet and to record a Conservation Easement to protect wildlife. The Conservation Easement
runs to the benefit of Aspen Valley Land Trust (originally granted to the Aspen Center for Environmental
Studies and later transferred to Aspen Valley Land Trust) and is recorded as Reception #337969. There are
no improvements on the property.
REFERRALS: Comments from Colorado Parks and Wildlife and the Snowmass /Capitol Creek Caucus are
attached for reference.
STAFF COMMENTS:
D M/ NORAMENDMENTTODEVELOPMENTPERM /T(SECT/ON2- 20- I50.b)
BOCC Resolution Nos. 90 -25 and 91 -93 that approved the lot split both include the following condition:
"No dogs or other predatory animals shall be allowed on the parcel." Sec. 3- 1.9(e)(6) of the Land Use
Code in effect at the time included a criteria for subdivision approval in the RS- 30 /PUD zone district that
stated, "Domestic dogs shall be absolutely excluded from the newly subdivided residential sites and
adequate enforcement mechanisms must be provided for the continued exclusion thereof." The
prohibition of dogs was supported by Randy Cote with the Division of Wildlife and Tom Cardamone
with ACES. The Conservation Easement also prohibits "The keeping of dogs or other predatory
animals."
The current Colorado Parks and Wildlife ( "CPW ") mapping shows the property within mule deer winter
range. There is mapped mule deer winter concentration and severe winter range approximately '/4 mile to
the east on the east side of Snowmass Creek Road and Snowmass Creek. However, the only portion of
000001 o4 2
the property that is within the ''A mile buffer from winter concentration and severe winter range is the
southeast corner where the driveway intersects Snowmass Creek Road and separates to serve the two
lots. The CPW mapping also shows the property within elk winter range. There is elk winter
concentration to the west and east; the approved building and human activity envelopes are not within the
''A mile buffer from the winter concentration area.
The current Land Use Code ( "Code ") only prohibits dogs in certain wildlife habitat areas. Sec. 7-20 -
80(e)(2) of the Code states, "If development is approved within winter range, severe winter range
and /or winter concentration areas, dogs shall be kenneled within fifty (50) feet of the residential
buildings or leashed under human supervision when outside a required kennel." As noted above, the
property is within mule deer and elk winter range.
Jonathan Lowsky with Colorado Wildlife Science, LLC prepared a Wildlife and Ecological Assessment
Regarding Domestic Dog Restrictions for the Applicant. Mr. Lowsky confirmed the mapped habitat and
asserts that "a kennel restriction, if strictly adhered to, would not significantly increase the effects of
residential development on the proposed site." Mr. Lowsky discussed his assessment with Kevin Wright,
District Wildlife Manager for CPW. Mr. Wright informed Mr. Lowsky that "although his preference is to
forgo an update to the dog restrictions, he recognizes that the current code does not prohibit dogs." Mr.
Lowsky includes recommendations in his report to reduce impacts on wildlife. Mr. Wright confirmed in his
email dated October 24, 2012 that the Applicant should adhere to the recommendations made in Mr.
Lowsky's report. These recommendations are included in the conditions of approval.
The Applicant has discussed the amendment to permit dogs on the property with the Aspen Valley Land
Trust ( "AVLT "). The AVLT board "would be open to amending the easement to reflect AVLT's standard
method of addressing dogs on properties which have wildlife habitat conservation values.... The AVLT
standard language is:
Harassment of Wildlife: Harassment of wildlife on the Property by any means is prohibited,
including as a result of failure to control or restrain dogs.
AVLT suggested that the Applicant approach the County first to amend the development restrictions
regarding dogs, and if successful, to proceed with an amendment to the Conservation Easement.
Pursuant to Section 2- 20- 150(b) of the Land Use Code, a minor amendment to any development application
or permit is one that meets the following criteria:
I. Is consistent with actions) taken during previous development approvals for the property; and
2. Does not change the use of the proposed development between residential, commercial, and tourist
accommodation uses; and
3. Does not change the basic character of the approved use of land on which the activity occurs, included
basic visual appearance and method of operation, and
4. Does not constitute a new land development activity; and
5. Does not increase off -site impacts in the surrounding neighborhood; and
6 Does not endanger the public health, safety or welfare, and
7. Does not violate anv Land Use Code standard; and
Response: The proposed amendment does not change the use or visual appearance of the property; does not
constitute a new land development activity; does not endanger the public health, safety or welfare or violate
any standard of the Land Use Code; will not increase the need for parking, utilities or affordable housing;
000002
and will not increase the floor area or decrease the open space.
The proposed amendment is consistent with the original development approval in that it continues to ensure
that wildlife habitat is preserved and impacts on wildlife are mitigated. While a kenneling restriction differs
from the original approval, staff would note that the Land Use Code has changed in the 20 years since the
original approval was granted and now does not require a dog prohibition on this property. The Applicant
will be required to adhere to the kenneling restriction and other measures to reduce impacts on wildlife. The
kenneling restriction will be monitored by AVLT as part of the annual monitoring of the Conservation
Easement.
RECOMMENDATION: Staff recommends that the BOCC adopt a motion to approve the Davis Minor
Amendment, subject to the attached Resolution.
Attachments
A. Kevin Wright Email 10/24/12
B. Snowmass /Capitol Creek Caucus
C. BOCC Resolution No. 90 -25
D. BOCC Resolution No. 91 -93
Application provided separately
000003
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO APPROVING THE DAVIS AMENDMENT TO BOARD OF COUNTY
COMMISSIONERS RESOLUTION NOS. 90 -25 AND 91 -93 REGARDING DOG RESTRICTION
Resolution No. -2011
RECITALS
1. Bradley D. Davis and Janis Provisor ('Applicant ") have submitted an application to the Board of
County Commissioners of Pitkin County, Colorado ( "BOCC ") to amend the original lot split approval
to allow dogs on the lot, subject to a kenneling restriction.
2. The property is located on Snowmass Creek Road, and is described as Lot 1, Davis/Donnelley Lot Split.
3. The lot is zoned RS -30 and contains 35 acres.
4. The BOCC approved the Davis /Donnelley Lot Split, pursuant to Resolution Nos. 90 -25 and 91 -93. The
Final Plat was recorded in Plat Book 27 at Page 90. The primary issue in the review of the lot split was
the protection of wildlife habitat on the property. BOCC Resolution Nos. 90 -25 and 91 -93 that
approved the lot split both include the following condition: "No dogs or other predatory animals
shall be allowed on the parcel." Building and Human Activity Envelopes were established on the plat,
and the Applicant agreed to limit the size of structures on the lots to 7,500 square feet and to record a
Conservation Easement to protect wildlife. The Conservation Easement runs to the benefit of the Aspen
Valley Land Trust (originally granted to the Aspen Center for Environmental Studies and later
transferred to Aspen Valley Land Trust) and is recorded as Reception #337969. The Conservation
Easement also prohibits "The keeping of dogs or other predatory animals."
The current Colorado Parks and Wildlife ( "CPW ") mapping shows the property within mule deer and
elk winter range. The approved building and human activity envelopes on Lot 1 are more than ''A
mile from mapped mule deer winter concentration and severe winter range, and elk winter
concentration.
6. The BOCC considered this application at a regular meeting on November 28, 2012, at which time
evidence and testimony was presented with respect to the application.
The BOCC finds that the Land Use Code (`Code ") has changed since the original approvals were
granted, and dogs would not be prohibited under the current Code, based on the mapped and field
verified wildlife habitat on the property. Sec. 7- 20- 80(e)(2) of the Code states, "If development is
approved within winter range, severe winter range and /or winter concentration areas, dogs shall
be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision
when outside a required kennel." As noted above, the property is within mule deer and elk
winter range.
8. The BOCC further finds that a kennel restriction, if strict]), adhered to, would ensure that wildlife
habitat is preserved and impacts on wildlife are mitigated, and would not significantly increase the
effects of residential development on the proposed site. Additional enforcement of the kenneling
UU0004
Resolution No. -2011
Page 2
restriction would be provided by Aspen Valley Land Trust as part of the annual monitoring of the
Conservation Easement.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby approves the Davis
Amendment, 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 the application or in public meetings
or hearings and shall consider those representations to be conditions of approval, unless amended by
other conditions.
2. All conditions of BOCC Resolution Nos. 90 -25 and 91 -93 shall remain in full force and effect, except
as amended herein.
3. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Only one dog shall be permitted on the property. The dog shall be kenneled within fifty (50)
feet of the residential buildings or leashed under human supervision when outside a required
kennel.
B. The kennel or fenced enclosure shall be constructed with a physical barrier that shall be reviewed
and determined to be dog -proof by CPW. Invisible fence type barriers are not sufficient. The
kennel shall be installed prior to issuance of a Certificate of Occupancy for the residence.
C. Construction workers are prohibited from bringing their dogs on site.
D. Fencing is prohibited outside of the Building and Human Activity Envelopes. Fencing within the
envelopes that is not for the kennel or intended to contain livestock shall comply with the
following:
1) Mesh or woven wire fences are prohibited.
2) 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.
3) 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.
E. Horse grains, pellets, and cookies shall be stored in bear resistant containers.
F. Horse hay shall be fenced with 8' mesh game proof fencing to minimize game damage conflicts.
G. Native vegetation shall be maintained outside of the Building and Human Activity envelopes.
H. Trash /garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the
County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to
issuance of a certificate of occupancy.
1. Contractors /construction workers shall be required to provide bear proof containers for all edible
and food related trash.
J. Avoid fruit- bearing trees and shrubs in any landscaping.
K. All outside doors shall utilize only solid round handled door knobs, unless another type is
required by the applicable Building Code for disabled accessibility purposes.
Uu0005
Resolution No. -2011
Page 3
4. The Applicant shall amend the Conservation Easement held by Aspen Valley Land Trust ("AVLT ")
to be consistent with this approval. Evidence of the amendment shall be submitted to the Community
Development Department. The BOCC requests that any violations of the kenneling restriction or
signs of dogs outside of the Building and Human Activity Envelopes (e.g., tracks, waste) that are
identified by AVLT in the annual monitoring of the Conservation Easement be reported to the
Community Development Department.
5. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this
property.
APPROVED AND ADOPTED on the 28`h day of November, 2012.
ATTEST:
Jeanette Jones, Clerk to the BOCC
APPROVED AS TO CONTENT:
i
Cindy Houben
Community Development Director
Case #P094 -12; PID 264511401001
000006
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
M
Michael M. Owsley, Chairman
APPROVED AS TO FORM:
John Ely
County Attorney
Suzanne Wolff
From:
Wright, Kevin <kevin.wright @state.co.us>
Sent:
Wednesday, October 24, 2012 10:33 AM
To:
Suzanne Wolff
Cc:
Perry Will
Subject:
Davis Minor Amendment
If BOCC Resolution 90 -25 and 91 -93 are changed to allow dogs on the property located at 4304 Snowmass
Creek Road, I refer you Colorado Wildlife Science's April 2, 2012 letter provided in the application. Conditions
to minimize impacts to wildlife are contained within the letter and should be adhered to. If you have nay
questions, please give me a call.
Email secured by Check Point
uUUU07
SNOWMASS- CAPITOL CREEK CAUCUS
P.O. BOX 507
SNOWMASS, COLORADO 81654
November 20, 2012
Michael Kraemer
Community Development Department
130 S Galena
Aspen, CO 81611
Re: Davis Minor Amendment
Dear Mike:
The Snowmass /Capitol Creek Caucus board reviewed and voted to recommend approval of the
application. Thanks for the opportunity to comment on this application.
Sincerely yours,
Ken Smith
Land Use Committee
Snowmass /Capitol Creek Caucus
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an 616 =211 Rneptiovi No DAVIS PITKIN COIJIM !tE6C:iDEId
RESOLUTION OF THE BOARD OF COUNTY CONKXSSIONS
OF PITxIH COON1•Y COLORADO, GRANTING APPROVAL. OF THE
DAVIS /DONNELLEY 50% DENSITY LOT SPLIT AND
1041 HAZARD REVIEW FOR GEOLOGIC, WILDFIRE AND WILDLIFE
Resolution No. 90 -Aif
1
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1
WHEREAS, on February 27, 1990 the Board of County
Commissioners, hereinafter "Board ", reviewed an application
submitted by Laura Donnelley, Brad Davis and Janis Provisor,
hereinafter "Applicant ", for a 50} Density Reduction Lot Split
on a 184+ acre parcel of land located in the Snowmass Creek
valley, more specifically described in Exhibit "A" attached; and
WHEREAS, on October 17 and December 19, 1990 the Pitkin
County Flaming Commission, hereinafter "Commission ", reviewed
the application and recommended approval with conditions; and
WHEREAS, as part of the Commission review, the Applicant was
asked to revise their application based on recommendations and
suggestions made by the Division of Wildlife and a wildlife
consultant, Tom Cardamone, who was requested to review the
proposal as a referral agency for Pitkin county; and
WHEREAS, the Applicant returned to the Commission with
revisions to their original proposal which are reflected in the
conditions of approval as are listed below; and
WHEREAS, the concerns of the commission regarding the
proposed development revolve around the Protection of the
wildlife habitat on the site; and
WHEREAS, the Applicant agreed to specific measures Which
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Resolution Ho. .- 90 -If
Page 2
help to mitigate the impacts of the development on the wildlife
habitat.
Two of these specific measures are to limit the size of
the structures on the site and to provide a wildlife easement
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over the
entire parcel which will be specifically developed at
the final
plat submission; and
WHEREAS,
the Applicant has requested 2 employee dwelling
units on
the site pursuant to Section 3 -8.13.
NOW,
THEREFORE, HH IT RESOLVED that the Board hereby grants
1
approval
of the Davis /Donnelley Lot Split and 1041 Hazard Review
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with the
following conditions of approval:'
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LOT SPLIT
1.
The approved building envelopes are shown as exhibits
•B" and ^C ".
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2.
No further development shall occur on the parcel.
3.
At final plat the Applicant shall provide plans for the
access roads where cut and fill is necessary. In
addition, plans shall be presented for the proposed new
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portions of the roadways. These plans shall be
consistent with the requests of the Engineering
Department.
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4.
Test wells shall be drilled prior to the issuance of
'
building permits for the parcels and prior to
encroachment permits for the upgrading and development
of the roadways in the subdivision. Verification that
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adequate water is available for a domestic supply and
for fire fighting purposes shall be approved by the
Environmental Health Department and Fire Marshal.
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5.
In the event engineered septic systems are required by
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the Environmental Health Department they shall be
approved prior to the issuance of a building permit for
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each home.
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6.
The Applicant shall provide the County with a right-
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of-way along Snowmass Creek Road to allow a minimum of
401 from the centerline of the road.
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Resolution NO-
Page 7
7, The maximum total floor area shall be limited to 7,500
square feet in each building envelope (including barns,
art studio and any other accessory structures).
8. All representations of the Applicant shall be
considered conditions of approval.
1041 REVIEW-
1. Prior to the issuance of a building permit for each
home, the Applicant shall have soils tests done in
order to determine if development of engineered
foundations fox the homes is necessary.
2, The Applicant shall have positive drainage flows away
from the homesites and along the roadways.
1. The Applicant shall sprinkle both homes and /or provide
fire fighting water storage on site, Final
determination of adequate fire fighting measures shall
be determined by the Fire District. A letter from the
Fire District shall indicate the requirements to be
imposed on the parcel. The Applicant shall submit this
letter at final plat.
4. Wildlife conditions are as follows:
a. At final plat submission the Applicant shall
submit a wildlife easement agreement noting a
limitation on human activity on the site so as to
promote and enhance the wildlife habitat on the
entire parcel. This easement agreement shall be
developed by the Applicant in conjunction with the
Planning Office, ACES and the Division of
Wildlife. The Applicant shall propose to whom the
easement shall be granted. At a minimum the
easement agreement shall address:
- areas of human activity;
- seasonal limitation on grazing:
- limitations on house size and the size of
accessory structures.
b. No dogs or other predatory animals shall be
allowed on the parcel.
c. Fencing shall meet Division of Wildlife standards
(if not totally precluded in the wildlife easement
agreement).
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Resolution No. - 90
Page 4
d. No vegetative manipulation shall occur outside the
building envelopes unless provided for in the
wildlife easement agreement. +•.
MWWYEE DNELLMG UNI'T'S -
1. Both employee dwelling units shall be deed restricted
with the Housing Authority prior to issuance of a
building permit for each unit.
APPROVED by the Board at its regular meeting on February 27,
1990.
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BOARD OF COUNTY
UNT , COLDSIONE[Lg
t OF PI'1TaN COUNTY, COLORADO
Herschel Ross, Chairman
ATTEST-
Otte Sons ,
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C - APPROVED D AS AS TO FORM: APPROVED AS TO CONTENT:
4.
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Thomas F. Smith, ANY 4q Nargerum,
county Attorney Plarajing Directo
ch.daviareso.bocc
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Exhibit "A"
4 tract of land situated in the NW%NE4 of Section
14, Township 9 South, Range 86 West of the 6th
I.M., and more fully described as fuilows:
Onginninq at a point on the West line of the said
.,.,4,Y NW%NE1ii whence the NE corner of said Section 14.
bears N 79'19' F. 2689.5 feet; [hence S 0 °20' E
600 feet along the Nest line of said NW4NEh.
thence S 67.12' E 433.5 feet; thence N 0 °20' N 600
feet; thence :2 67 °12 K 433.5 feet to the point of
beginning
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#337969 10/29/91 16:02 Rer $.00 BY 660 Pe 381
Silvia Davis, Pitkin Cnty Clerk, Doc s.00
RESOLUTION OF THE BOARD OF COUNTY CONNISSIONERS
OF PITRIN COUNTY, COLORADO, GRANTING
FINAL PLAT APPROVAL FOR TEE DAVIB /DONNELLNY LOT SPLIT
Q RESOLUTION N0. 91-i�U !Fr
WHEREAS, on May 14, 1991 the Pitkin County Board of County
Commissioners (hereinafter referred to as the "Board ") reviewed a
._Y request by Laura Donnelley and Brad and Janie Davis (hereinafter
;i "Applicant") for the Final Plat Submission for a 5O% Density i
•tis Reduction Lot Split; and
.'7 WHEREAS, the proposal is for a 184+ acre parcel located on
�•Q
,1 Snowmass Creek Road approximately 2 miles upstream of Watson Divide
a
3 Road, more specifically described in Exhibit "A ", attached; and
'i WHEREAS, the Applicant received General Submission approval
.. .i' pursuant to Resolution No. 90 -25 in February of 1990; and
WHEREAS, the proposal is to create two lots of 149+ acres and
35+ acres? and
WHEREAS, the proposal was found to be consistent with the
regulations and policies of the Pitkin County Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of
County Commissioners that they do hereby grant Final Plat approval
j
for the Davis /Donnelley Lot Split subject to the following
conditions of approval;
LOT SPLIT
1. No further development shall occur on the parcel.
2. Test Wells shall be drilled prior to the issuance of building
permits for the parcels and prior to encroachment permits for
.� the upgrading and development of the roadways in the
a subdivision. Verification that adequate water is available
0 U0i6
J
#337969 10/29/91 ib:oz Kec s.cO BC 660 PG 382
Silvia Davis, Pitknn Cnty Clerk, Dot 4.00
uuuu17
Resolution NO. 91 -L
a,
Page
2
for a domestic supply and for fire fighting purposes shall be
'
approved by the Environmental Health Department.
•
3.
In the event engineered septic systems are required by the
•r �'
Environmental Health Department they shall be approved prior
to the issuance of a building permit for each home.
r�
(
4.
The applicant shall obtain an access permit from the County
,
'
Engineer prior to issuance of a building permit.
5.
Fire protection shall be provided as follows:
,§
Prior to issuance of a Certificate of Occupancy:
{
a. There shall be provision of a 2,000 gallon cistern on
each lot; The cistern shall be connected to the domestic
water supply system with a float valve located in the
cistern to allow automatic filling in the event of use;
i
•,
A three gallon -per minute flow control valve shall be
'?
installed just upstream of the float valve.
b. A standard yard hydrant shall be provided near the
cistern to allow connection of a garden hose;
c. In -house sprinkler systems, seating approval of the Aspen
Fire Marshal, shall be installed in residences;
I
'(
Prior to signature of the Final Flat by the Board Chairperson:
d. Adequate access for fire fighting shall be provided to
both lots. Access shall be approved by the County
Engineer. The applicant shall review potential access
issues with the Basalt Fire District. Substantial
changes to road design, (as determined by the County
•:'�(
Engineer) , may be subject to 1041 review before the
Planning and Zoning Commission and /or General Submission
review before the Planning Commission and the Board Of
county Commissioners.
,
6.
At the time of issuance of a permit for road work, the
applicant shall supply a landscape plan that will illustrate
proposed revegetation along the roadsides. In particular, the
•_,�
applicant shall address the portion of the work that is nearby
and visible from Snowmass Creek Road, and provide a landscape
aa
plan that will allow this area of fill material to blend and
J
conform with the existing vegetation (i.e. mountain shrub,
,d
sage, dryland pasture grasses and wildflowers). The landscape
4'3
plan shall be reviewed and approved by the county Engineer as
?i
a part of the road permitting procedure.
uuuu17
'j 1041 REVIEW:
10. Prior to the issuance of a building permit for each home, the
Applicant shall have soils tests done in order to determine I•
if development of engineered foundations for the homes is f
_ necessary.
11. The Applicant shall have positive drainage flows away from the
homesites and along the roadways.
,) 12. Wildlife conditions are as follows:
,
a. The applicant shall record a conservation easement
agreement noting a limitation on human activity on the
site so as to promote and enhance the wildlife habitat
v on the entire parcel. This easement agreement shall be
finally approved by the Planning Office, ACES and the
Division of Wildlife. The easement shall be granted to
ACES. A provision for the conversion of the easement to
the County shall be provided in the event that ACES is
no longer a legal entity capable of holding such an
easement. Prior to recording, the following amendments
shall be made to the draft easement:
1) The easement shall be amended to clearly limit
grazing to seasonal use, as recommended by the
;i Division of Wildlife and ACES.
r� 2) The easement shall be amended to make clear
reference shall be made to the fact that the maximum
total floor area for each lot shall be limited to
7,500 square feet within each building envelope,
' (including barns, art studio and other accessory
structures).k
.r 3) The easement shall be amended to state that all
periphery fencing shall comply with Division of
Wildlife standards.
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#337969 10/29/91 16:02 Rec 4.00 SK 660 F'G 383
Silvia Davis, F'itkin Cnty Clerk, Doc 4.00
Resolution No. 91 -4
Page 3
7. The maximum total floor area shall be limited to 7,500 square
feet in each building envelope (including barns, art studio
and any other accessory structures).
r
8. All representations of the Applicant shall be considered
,..,
conditions of approval.'.
9. Residences and accessory structures on -site shall be subject
'! to Pitkin County air quality regulations in effect at the time
of building permit issuance.
'j 1041 REVIEW:
10. Prior to the issuance of a building permit for each home, the
Applicant shall have soils tests done in order to determine I•
if development of engineered foundations for the homes is f
_ necessary.
11. The Applicant shall have positive drainage flows away from the
homesites and along the roadways.
,) 12. Wildlife conditions are as follows:
,
a. The applicant shall record a conservation easement
agreement noting a limitation on human activity on the
site so as to promote and enhance the wildlife habitat
v on the entire parcel. This easement agreement shall be
finally approved by the Planning Office, ACES and the
Division of Wildlife. The easement shall be granted to
ACES. A provision for the conversion of the easement to
the County shall be provided in the event that ACES is
no longer a legal entity capable of holding such an
easement. Prior to recording, the following amendments
shall be made to the draft easement:
1) The easement shall be amended to clearly limit
grazing to seasonal use, as recommended by the
;i Division of Wildlife and ACES.
r� 2) The easement shall be amended to make clear
reference shall be made to the fact that the maximum
total floor area for each lot shall be limited to
7,500 square feet within each building envelope,
' (including barns, art studio and other accessory
structures).k
.r 3) The easement shall be amended to state that all
periphery fencing shall comply with Division of
Wildlife standards.
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#337969 10/29/91 16:Ci2 Rec 4.00 SF. 660 PG 384
Si lvoa Davis, Fitkln Onty LlerY, Omc 4.00
Resolution No. 91-
Page 4
4) The applicant shall coordinate with the Division of
Wildlife and ACES to determine whether more
restrictive wording is required regarding vegetative
manipulation on -site.
Ire•
H
5) Paragraph 113, last sentence, shall be amended to
read, "...under C.R.S. 38- 70.5 -101, at seq." Delete
reference to the IRS code.
_ b. No dogs or other predatory animals $hall be allowed on
'
the parcel.
C. No vegetative manipulation shall occur outside the
-„
building envelopes unless provided for in the
conservation easement agreement.
EMPLOYES DWELLING DHITS
( 13. Both employee dwelling units shall be deed restricted with the
Mousing Authority in accordance with Section 3 -8.13 of the
Land Use Code, prior to issuance of a building permit for each
I unit.
'I FINAL PLAT
I�•I
14. Prior to the Board Chairman's signature,the following
amendments shall be made to the Final Plat Exhibit:
a. Add Lienholders /Mortgagees signature block, (or provide
Faj statement from attorney or title insurance company
verifying that there are no lienholders or mortgagees);
b. Amend vicinity map to meet approval of Planning Staff;
'1- c. Add Plat note which states that the maximum total floor
area for each lot is limited to 7,500 square feet within
., each building envelope, (including primary residence and
other accessory structures).
s
SUBDIVISION IMPROV®1ENTS AGREEMENT
j
15. The following amendments shall be made to the subdivision
II�
.i Improvements Agreement prior to recording:
i a. Section 4, regarding access improvements, shall be
! amended as follows:
Access improvements shall be limited to grading,
surfacing, slope stabilisation and drainage control, as
'1
and where required, and shall be consistent with the
,=
plans submitted by the owner, and approved by the
i
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k337969 10/29/91 36:02 Rec 6.00 E 660 PG 385
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Resolution No. 91 -�
Page 5
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Engineering Department at the time Final Plat approval
was obtained.
b. Section 6, regarding water for fire protection, shall be
amended to state that sprinkler systems will be required,
rather than optional.
c. Section 7, regarding sewage disposal systems shall be
amended to note that the Applicant shall comply with the
State Division of Water Resources regarding restrictions
on individual sewage disposal systems.
GENERAL.
16. Prior to Board signature of
the Final Plat, the Applicant
shall convey to the County,
the 40 foot right -of -way along
Snowmass Creek Road to be approved by the County Engineer and
the County Attorney.
APPROVED by the Board at its regular meeting on May la, 1991.
HOARD or COUNTY COMMISSIONERS
OF PITRIN COUNTY, COLORADO
By
Wayne 8 Aridge, 7"
for M.41
Date
ETr
Q.man Wayne E"Ww9ewthV Ix-
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mmn v Roes wag L
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'AmeKeiona True v0fiv
Jo e,
umasamer Tuib vo*q .Af;�I�
:aetG
epnty Co Clerk
wnamner Cra** vo" LJL -
APPROVED As TO HORN:
APPROVED As TO CONTSNT:
T imot t.
Amy Marge um,
C oraep
Planning Director
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J #337969 10/29/91 16:02 Rer E.00 BK 660 Pr 366
Silvia Davis, Pitkin Cnty Clerk, Dar E.00
Exhibit 'A^
Davis /Donnelley Lot Split
A tract of land situated in the NW 1/4 NE 1/4 of Section 14,
Township 9 South, Range 86 West of the 6th P.M., and more fully
described as follows:
Beginning at a point on the West line of the said NW 1/4 NE 1/4;
whence the HE corner of said Section 14 bears North 79 degrees 19'
E 2669.5 feet;
thence South 0 degrees 20' B 600 feet along the West line of Said
NW 114 HE 114;
thence South 67 degrees IV E 433.5 feet;
thence North 0 degrees 20' W 600 feet;
thence North 67 degrees 12' W 433.5 feet to the point of beginning.
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#379717 12/20/91 19:10 Rec $.00 BK 664 PO 983
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT (the "Conservation
10V
1
Easement ") is made and entered into this all'.= day of y xn
1991, by and between BRADLEY D. DAVIS, JANIS PROVISOR, and LAURA'
DONNELLEY (collectively "Grantors "), and the ASPEN CENTER FOR
ENVIRONMENTAL STUDIES, a r.,o n not -tor- profit corporation
,i (the "Grantee"),
p I T N E e R E T M:
S WHEREAS, Grantors are the record owners of Lots 1 and 2 of
the Davis /Donnelley Lot Split, according to the Final Plat
i thereof recorded in Plat Book Z7 at page C of the real
property records of Pitkin County, Colorado (said Lots 1 and 2
is
1 being hereinafter collectively referred to as the "Subject
E
Lend"); and
WHEREAS, the Subject land remains in a substantially
1
undisturbed, natural state and has significant wildlife, open
space, scenic and aesthetic values; and
i WHERE", the Subject Land provides significant natural
FF
,i habitat for wildlife, including, but not limited to, deer and elk
winter range; and
WHEREAR, the Subject Land also possesses significant open
,
! space and scenic features and values, including, but not limited
i to, historically irrigated meadows, scrub oak and
serviceberry- covered hillsides, and dense stands of cottonwoods
along the Walker /Wonder irrigation ditch; and
i
NEzREAN, much of the Subject Land is highly visible from
Watson Divide and the Snowmass Creek Road; and
WHEREAS, preservation of these scenic and open space
features and values will contribute to the scenic enjoyment of
the general public, and will yield substantial public benefit by
restricting development of the Subject Land which would degrade
the scenic and natural character of the area and adversely affect
wildlife habitat: and
�l
WHEREAS, Grantors desire and intend to preserve and maintain
the wildlife, open space and scenic features and values within
(,
and upon the Subject Land by encumbering the same with a
conservation easement for the use and benefit of Grantee,
11
1
pursuant to the provisions of Section 38 -30.5 -101, 9t Seq.,
1
Colorado Revised Statutes; and
y•
WHEREAS, Grantee is a charitable organization, exempt under
.i •�
Section 501(c)(3) of the Internal Revenue Code of 1959, as
amended, and created at least 2 years prior to the grant of this
Conservation Easement; and
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0339713Iii2/20/91 14eiO Rec R.00 BK 664 PG 984
Silvia IIDavis, Pitkin Cnty Clerk, Doc %.00
WHEREAS, by abceptance of this conservation easement,
Grantee acknowledges its commitment to honor the intentions of
Grantors as expressed herein to preserve and protect in
perpetuity the conservation values of the Subject Land for the
benefit of this and future generations.
NOW, THEREFOR3, for and in consideration of the facts
recited above and of the mutual covenants contained herein, and
for other good andlvaluable considerations, the receipt and
sufficiency of which are hereby confessed and acknowledged,
Grantors hereby grant and convey to Grantee a perpetual
:i conservation easement in gross, pursuant to Section 38 -30.5 -101,
at sea., Colorado Revised Statutes, over, across and upon the
Subject Land. Thelterms of this conservation easement are as
follows:
1. Puroose.i It is the essential purpose of this
Conservation Easement to preserve and protect, in perpetuity, the
natural, ecological, wildlife, scenic, open space, and aesthetic
features and values of the Subject Land. In furtherance of the
foregoing objective, this Conservation Easement is intended to
identify specific areas of the Subject Land in which development
ican and cannot occ�lr, to establish permitted uses of the subject
Land which are consistent with the purpose of the Conservation
Easement, and otherwise to restrict the level of development and
human activity on the Subject Land.
1 2. Easementllnventorv. Within 6 months of the date
hereof, Grantee shall initiate a "baseline ":study and inventory
of the existing ecological and wildlife features of the Subject
Land, and shall prepare a written Conservation Easement Inventory
describing the findings of the same. The Inventory shall be
completed by Grantee within is months of the date hereof, and
shall then be reviewed and approved in writing by Grantors and
Grantee as an accurate representation of the ecological and
wildlife features of the Subject Land at the time of this grant.
.� The final Inventory, as approved by Grantors, shall be attached
hereto as Exhibit A and be deemed incorporated herein by this
reference. The expense of conducting and preparing the Inventory
shall be borne by Grantors.
i
Either party shall thereafter have the right to
supplement the Inventory with material regarding the ecological
.� and wildlife features of the Subject Land, provided that such
material shall be reviewed and approved in writing by both
parties as an accurate representation of the condition of the
Subject Land at the appropriate time.
fIn the event Grantors (or either of them) and Grantee
disagree as to whether the proposed Inventory or any proposed
supplement thereto constitutes an accurate representation of the
condition of the Subject Land as of the appropriate date, either
f _2_
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p339713 12/20/91 14:10 Rec t.00 EK 664 P9 995
Silvia Davis, P,tkin Cnty Clerk, Doc s.00
Grantors (or one of them) or Grantee may submit the dispute to
A arbitration pursuant to the rules and procedures of the American
Arbitration Association. In such event, the parties agree that
the decision of the arbitrator(o) shall be final and binding upon
the parties, and that the prevailing party shall bear the cost of
the arbitration. However, each party shall pay its own
attorney's fees, if any, regardless of outcome.
I
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3. Management Plan. Within 6 months following completion
of the Inventory described in Paragraph 2 above, Grantee shall
prepare a Management Plan for.the Subject Land. The Management
Plan shall be based on the Inventory, and shall identify specific
actions to be undertaken to promote or achieve the purpose of the
Conservation Easement. The completed Management Plan shall be
reviewed and approved in writing by Grantors and Grantee, and
shall then be attached hereto as Exhibit 8 and be deemed
incorporated herein by this reference. The expense of preparing
the Management Plan will be borne by Grantors.
4. Grantee's Affirmative Rights. To accomplish the
purposes of this Conservation Easement, the following affirmative
rights are hereby granted to Grantee:
(a) To identify, preserve and protect in
perpetuity the natural, ecological, wildlife,
open space and scenic features and values of
the Subject Land.
(b) To enter upon the Subject Land (i) to
exercise the rights herein granted, (11) to
enforce the terms hereof, and (iii) to
determine compliance with the Management
Plan. Grantee shall provide at least 24
hours advance notice to Grantors prior to
each visit to the Subject Land by Grantee.
Grantee's activities hereunder shall not
unreasonably interfere with the uses being
made of the Subject Land, consistent with
this Conservation Easement, at the time of
such entry.
(c) To enjoin any activity on, or use of,
the 6ubject Land which is inconsistent with
this Conservation Easement.
5. zones. For the purposes of this Conservation Easement
only, the Subject Land is hereby divided into 3 zones as depicted
on the Final Plat attached hereto as Exhibit C and made a part
hereof by this reference, to wit:
3
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Silvia Bevis, Pitkin Cnty Clerk, Doc s.00
(i) The respective Building Envelopes;
(ii)
Ile respective Human Activity Envelopes; and
(iii) The remainder of the subject Land.
6. Consistent Uses. The following uses and practices,
though not an exhaustive recital of consistent uses and
practices, are consistent with this conservation Easement when
carried out in the appropriate zone, and these uses and practices
shall in no way be precluded, restricted or limited by this
Conservation Easement, to wit:
i _ I
ly'�
A. Within Bach e 'ldi u Envelope
i
M The
I
construction, occupancy, use,
:.j
maintenance,
repair, improvement,
enlargement, reconstruction and replacement
of a single- family residence, an employee
.:j
dwelling unit, a barn (on Lot 2 only), and
accessary uses and structures.
(ii) The construction, installation, use,
YI
maintenance, repair, improvement,
enlargement, reconstruction and replacement
+
of access roads (generally in the locations
-I
shown on attached Exhibit C), driveways,
utilities, water wells, irrigation systems,
ponds,
landscaping, fencing, and exterior
lighting.
(iii)'I, Such cutting and removal of dead,
dyinglor diseased timber as may be reasonably
y
i
necessary for fire protection or disease
prevention
purposes.
(iv)
The stabling, pasturing, grazing,
feeding
and care of horses. These activities
i
shall
he subject to seasonal limitations as
such may
be defined in the Management Plan to
.�
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be prepared
The
pursuant to Paragraph 3 above.
(v)
control of predatory and problem
animalls
by the use of selective control
techniques,
which shall be limited in their
effectiveness
to specific animals which have
caused damage to persons, livestock or other
property.
(vi) 'The control of noxious weeds by the use
of appropriate agrichemicals.
(vii) I The selective removal of vegetation
otherlthan
timber, in accordance with the
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*339713 12/20/91 14:10 Rec 5.00 BK 664 Pe qH7
' ,Silvia Davis, Pitkin Cnty Clerk, Doc COO
Management Plan to be prepared pursuant to
Paragraph 3 above.
B. Within E h Human Activity EM810 a
�•'_
(i) The construction, occupancy, use,
.
maintenance, repair, improvement,
t%
enlargement, reconstruction and replacement
i
of accessory was and structures, and a barn
within the Lot 2 "Barn Site" depicted on
attached Exhibit C.
-�
(ii) The construction, installation, use,
maintenance, repair, improvement,
enlargement, reconstruction and replacement
of access roads (generally in the locations
1
shown on attached Exhibit C), driveways,
r
utilities, water walla, irrigation systems,
{'
ponds, landscaping, fencing consistent with
Division of Wildlife standards, and exterior
lighting.
(iii) Such cutting and removal of dead,
1
dying or diseased timber as may be reasonably
necessary for fire protection or disease
i
prevention purposes.
,
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(iv) The stabling, pasturing, grazing,
71
feeding and care of horses. These activities
shall be subject to seasonal limitations as
such may be defined in the Management Plan to
be prepared pursuant to Paragraph 3 above.
Ki
(v) The selective removal of vegetation
other than timber, in accordance with the
y
Management Plan to be prepared pursuant to
.'
Paragraph 3 above.
C. Withi th Rema' d z of the subiect Land
(i) The construction, installation, use,
maintenance, repair, improvement,
enlargement, reconstruction and replacement
'
of access roads and driveways, utilities,
irrigation systems, and perimeter fencing
consistent with Division of Wildlife
standards.
I
(Si) The installation, maintenance,
improvement, enlargement and replacement of
f j
landscaping for visual screening of
r:
residences and other structures and access
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#3397113 12/20/91 14:10 Rea #.00 13K 664 PG 989
• `Silvia Davis, Pitkin Coty Clerk, Doc $.00
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roads; consistent with Management Plan
guidelines.
(iii)''., Such cutting and removal of dead,
dying lior diseased timber as may be reasonably
necessary for fire protection or disease
prevention purposes.
(iv) The selective removal of vegetation
other Ithan timber, in accordance with the
Management Plan to be prepared pursuant to
... Paragraph 3 above.
(v) The taking of such reasonable steps as
are necessary to control erosion on the
Subject Land.
( (vi) Hiking and horseback riding by Grantors
and their respective families, guests and
(vii) The conduct of such other activities
as maybe reasonably necessary or appropriate
to the effectuation of the Management Plan.
? 7. Ploor area Limitation. The total allowable floor area
for each lot, in'cludinc employee dwelling units, agricultural
•e out - buildings and all permitted accessary structures, shall be
•`s. 7500 square feat.
S
Prohibited uses. The following uses and practices by
Grantors, though) not an exhaustive recital of inconsistent uses
and practices, ace inconsistent with the purposes of this
Conservation Easement, and shall be prohibited:
x
' (i) The material change, disturbance,
alteration or impairment of the natural,
.z ecological, wildlife, open space or scenic
features or values of the Subject Land,
except,as permitted in this conservation
'x( (ii) The construction or placement of any
structures or roads on the subject Land,
except'las permitted in this conservation
(iii) !The removal, destruction or cutting of
native I vegetation or timber, except as
permitted in this Conservation Easement.
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P339713 12/20/91 14%10 Rec 4.00 BK 664 PG 9"
Silvia Davis, Pitkin Cnty Clerk, Doc S.00
(iv) The introduction of non - native plant or
animal species to the Subject land, except
for the keeping of horses as permitted
herein.
(v) The use of agrichemicals, except as
permitted in this Conservation Easement.
(vi) The exploration for or extraction of
minerals, oil, gas, or other hydrocarbons,
soils, sands, gravel, rock or other materials
(but not including water) on or below the
surface of the Subject Land. Grantee
acknowledges that third parties own an
undivided one -half interest in the oil, gas
and other mineral rights, and that Grantors
cannot control how such outstanding rights
may be exercised.
(vii) The keeping of dogs or other predatory
animals.
(viii) The dumping or other disposal of
refuse, garbage, or other unsightly or
offensive material.
(ix) The installation of exterior lighting
outside the Building and Susan Activity
Envelopes.
(x) The use of any motorized vehicles other
than upon roadways permitted by this
Conservation Easement, except as may be
necessary to implement the management Plan.
(xi) The stabling, pasturing, grazing,
feeding and care of horses outside of the
designated Building Envelopes and Susan
Activity Envelopes.
9. Residual Estate. As expressly provided in Section
38 -30.5 -105 of the Colorado Revised Statutes, all interests not
transferred and conveyed to Grantee by this Conservation Easement
shall remain in Grantors, including the right to engage in all
uses of the subject Lend which are not inconsistent with the
Conservation Easement or prohibited by the Conservation Easement
or by law.
10. Grantee Ancroval of ❑nli t d but consistent 0 d
Praotieea. In the event Grantors or either of them wish to
engage in a use or practice on the Subject Land which is not
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#339713 12/20/91 14:10 Rec 2.00 Bk 664 PG 990
Silvia Davis, Pitkin Cnty Clerk, Dmc 2.00
a listed above as a "Consistent Use-' or as a "Prohibited Use ^,
Grantors or either of them shall send Grantee written notice of
intention to commence or undertake such activity, which notice
shall describe all material aspects of the proposed activity.
Said notice shall be sent by registered or certified mail, return
receipt requested, to the following address or to such other
address as Grantors may from time to time be informed of in
writing by Grantee: �.
Aspen Center for Environmental Studies
f?o- 13777
Aspen, , Colorado n, Ir: 1 �
Grantee shall have thirty (30) days from the posting of such
notice, as indicated by the 'registered or certified return
i receipt, to review the proposed activity and to notify Grantors
j (or the Grantor involved) of its objections thereto. Such
objections, ifl any, shall be based upon Grantee's considered
opinion that the proposed activity is inconsistent with this -
,.',. Conservation Easement. If at all possible, said notice shall
inform Grantors (or the Grantor involved) of the manner in which
the proposed activity can be modified to be consistent with this
Conservation Easement.
,.I
ry1 Grantee's ! iresponse to Grantors' notice shall be sent by
registered or certified mail, return receipt requested, to
'11 Grantors (or the Grantor involved) at the following addresses, or
to such other addresses as Grantee from time to time may be
-- informed of in' writing by Grantors or either of them:
Davis /Prol!risor: 40 West 22nd Street
;.� New York, New York 10011
Donnelley.. Laura Donnelley —Morton
2090 Mandeville Canyon Road
Los Angeles, California 90049
With a copy to: Arthur C. Daily, Esq.
Holland & Hart
X 600 East Main Street
;+ Aspen, Colorado 81611
Should Grantee fail to post its response to Grantors' notice
/ within 30 days'of the posting of said notice, the proposed
"'.•.'`. activity shall i,automatically be deemed consistent with the terms
of this Conservation Easement, and Grantee shall have no further
{ right to object. to the activity identified by such notice.
Grantors shall be under no liability or obligation for any
failure in the g qu g
givin of notice as re ired above with regard to
,'yra any activity undertaken by Grantors or either of them
necessitated by virtue of fire, flood, act of God, or other
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11339713 12/20/91 14:10 Rec $.00 BK 664 PG 991
Silvia Davis, Pitkin Cnty Clerk, Doc $.Do
element or cause beyond the control of Grantors similar to those
hereinabove specified.
In the event Grantors (or either of them) and Grantee
disagree as to whether a particular use or practice is a
^Consistent Use" or a -Prohibited Use", as defined herein, or if
Grantors or either of them disagree with a determination by ,.
Grantee that a proposed activity is inconsistent with this
Conservation Easement, either Grantors (or one of them) or
Grantee may submit the dispute to arbitration pursuant to the
rules and procedures of the American Arbitration Association. In
., such event, the parties agree that the decision of the
arbitrator(s) shall be final and binding upon the parties, and
that the prevailing party shall bear the cost of the arbitration.
However, each party shall pay its own attorney's fees, if any,
regardless of outcome.
.y 11. Remedies. Should Grantors undertake any activity
requiring approval of Grantee without or in advance of securing
�! such approval, or undertake any activity in violation of the
terms of this Conservation Easement, Grantee shall have the right
to force the restoration of that portion of the Subject Land
affected by such activity to the condition that existed prior to
the undertaking thereof. In such case, the cost of such
restoration and Grantee's costs of suit, including attorney'o
.i fees, shall be borne by the offending Grantor(s) or those of
their respective heirs, successors or assigns against whom a
..� judgment is entered, or, in the event that Grantee secures
redress without a completed judicial proceeding, by the offending
Grantor(s) or those of their respective heirs, successors or
assigns who are otherwise determined to be responsible for the
wrongful activity. Nothing herein contained shall be construed
to preclude Grantors or either of them from exhausting their
-:1 legal remedies in determining whether the proposed activity to
�1 which Grantee has objected is inconsistent with this Conservation
Easement.
12. Taxes and Assessments. Grantors agree to pay any and
all real property taxes and assessments levied by competent
authority on the Subject Land, including any tax or assessment on
the easement herein granted.
13. Public Access. Nothing herein contained shall be
construed as affording the public access to any portion of the f
Subject Land. 1
14. Assignment. Grantee may, without Grantor's consent,
assign this Conservation Easement to any charitable organization
exempt under Section 501(c)(3) of the Internal Revenue code of
1954, as amended, which organization was created at least 2 years
prior to receipt by it of the Conservation Easement, provided
that (a) in the judgment of Grantee, the assignee organization
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;Silvia Davis, Pitkin Cnty Cler Y., Doc 4.00
has the ability, experience, interest and resources to carry out
the conservation objectives expressed in this Conservation
Easement, and (b) the assignee organization agrees in writing to
abide by and to carry out the intentions of Grantors and Grantee
as expressed in this Conservation Easement.
In the unlikely event that the Grantee corporation should be
voluntarily or in oluntarily dissolved without having assigned
this Conservation) Easement as above allowed, all of Grantee's
right, title and interest in and to this Conservation Easement
shall be deemed automatically transferred and assigned to the
County of Pitkin,jState of Colorado. The County, in turn, shall
be obligated to assign the Conservation Easement to a charitable
organization which meets the requirements set forth above in this
Paragraph 13, no dater than 6 months following the date of
dissolution of Grantee.
15. Amendmeht. Grantors and Grantee recognize that _
circumstances mayl arise under which an amendment to or
modification of this Conservation Easement would be appropriate.
Accordingly, Grantors and Grantee may jointly amend this
Conservation Easement without prior notice to any party, provided
that no amendmentlshall be allowed that will affect the
qualification of this Conservation Easement under Section 38-
30.5 -101, at sett.), Colorado Revised statutes, and any amendment
shall be consistent with the purpose of this Conservation
Easement, and shall not affect its perpetual duration. Any such
amendment shall bt recorded in the official records of Pitkin
County, Colorado.) _
16. Enforcement and waiver. Enforcement of the terms and
provisions of this Conservation Easement shall be at the
discretion of Grantee. Any forbearance on behalf of Grantee to
exercise its rights hereunder in the event of any breach by
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Grantors, shall not be deemed or construed to be a waiver of
Grantee's rights hereunder in the event of any subsequent breach.
17. Binding E£featr Rule Aaeiast Perpetuities. This
Conservation Easement shall run with the title to the Subject
Tand, and shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, personal
representatives, successors and assigns. If any term or
provision of this Conservation Easement would otherwise violate
the rule against perpetuities, such term or provision shall
automatically expire and be of no further force or effect 20
years following the death of the last to die of Laura Donnelley
and her now living children.
xN WITNESS WHEREOF, Grantors and Grantee have executed this
Conservation Easement as of the day
/�and
/�/(, /�/,/ff_,year first above written.
Grantors: // � /..�.+/ t 9 � 1
grad ley D Davis
044 �/Gfg9Ke dL
Vanrr
is Provisor
l�fA,t1� �nDY.U�_
Laura Donnelley
Grantee: Aspen Centerfor Environmental
By: PaV-
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ilvia Davis, Pitkin Cnty Clerk. Doc $.00
STATE OF
COUNTY OF ajLtc '—
The fore ' �D d f Conservation Easement was acknowledged
before me thig-�W- -day -aj 0_1.1. I 0± 1991 by Bradley D.
Davis and Janis Provisor.
i
Witness my he nd and official, saaj.
My commissioni expires:
No Public
STATE OFeaku",
COUNTY OF-P(
The foregoi acknowledged
1weed of conservation Easement was
before me this day of 1991 by Laura
Donnelley.
Witness my hand and official se 1
my commission expires: 0
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STATE OF COLORADO 11 . ...... N .. rl .'
)ss
COUNTY OF PITKIN
The foregoing Deed of Conservation Easement was acknowledged
before me this aaw day of 1991 by
as dr 6; a 'V-
of the Appon center for nvir.nmental
B not - for - profit
i
and and official seal.
ion n expires: E3
Notary Public
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PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff
PHONE: (970) 920 -5093
LOCATION: Lot 1, Davis/Donnelley Lot Split
PARCEL ID #s: 264511401001
OWNERIAPPLICANT: Brad Davis
Type of Application: Minor Amendment
DATE: 2/27/12
E -MAIL: suzannew0co.Ditkin.co.us
ZONE: RS -30
EMAIL: brad@fortstreetstudio.com
Description of Project/Development: Applicant is requesting to eliminate a condition of approval of BOCC
Resolution Nos. 90 -25 and 91 -93 that prohibits dogs on the lot. The prohibition is also contained in the AVLT
conservation easement that encumbers the parcel; AVLT has approved elimination of the prohibition.
Land Use Code Sections to Address:
• 2- 20- 150(b), Minor Amendment to Development Permit
• 7- 20 -70, Wildlife Habitat Areas
Review by: BOCC
Public Hearing? NO.
Staff will refer to: Colorado Parks & Wildlife, Snowmass /Capitol Caucus, Aspen Valley Land Trust
FEES: $1,336 (make check payable to " Pitkin County Treasurer")
• $936 Planning flat fee (non - refundable; based on 3 hours of staff time; if staff review time exceeds 3.6
hours, the Applicant will be charged for additional time in excess of 3 hours at a rate of $312/hour)
$375 Clerk
■ $25 Clerk Technology Fee
To apply, submit 7 copies of the following information, unless noted otherwise:
1. Summary letter explaining the request, summarizing prior approvals and addressing compliance with
the Code sections listed above.
2. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance
company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the
property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and
development of the parcel and proof of the owner's right to use the land for the purposes identified in the
development application.
3. Street address (if any) and parcel description, including legal description, and 8 -1/2 "x 11" vicinity map
locating the subject property within Pitkin County;
4. Total fee for review of the application
5. Executed Pitkin County Community Development Agreement for Payment of Land Use Application
Fees (form attached);
6. Consent from owner(s) to process application and authorizing the representative (1 copy)
7. Copy of this preapp form (1 copy)
0000ol o-� z.J
NOTES:
➢ PLEASE SUBMIT TWO UNBOUND AND ONE -SIDED COPIES OF YOUR COMPLETE APPLICATION.
Other copies may be two- sided.
➢ INCLUDE THE PARCEL ID NUMBER ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION.
➢ This pre- application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and staff's interpretations
based upon representations of the applicant. Additional information may be required upon a complete
review of the application.
➢ The Land Use Code is available on -line at htty: //www.asaenaitkin.com/deots/71/
OuNupk
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and _
(hereinafter APPLICANT) AGREE AS FOLLOWS:
has submitted to COUNTY an application for Ml & ! I lY�
Dt^TitiA ►gnu (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 030 -2009 establishes a
fee structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the County's policy that development
shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair
to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications
shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and /or Board of County
Commissioners to enable the Planning Commission and /or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the
amount of $ I.3 3 (v which is based on _I hours of staff time, and if actual time spent by staff to process the
application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the
APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of
the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing.
PITKIN COUNTY APPLICANT
Cindy Houben
Community Development Director
l I&P Y1;'C•�IBls • r
Effective 1/26/10
G:county\admin \forms\agreement to pay
UVUIOC-3
BRAD DAVIS & JANIS PROVISOR
34 Laight Street #3
New York, NY 10013
September 4, 2012
Suzanne Wolff
Pitkin County
Community Development Department
130 South Galena Street
Aspen, CO 81611
Reference: Location Lot #1, Davis / Donnelley Lot Split
Parcel ID# 264511401001
Dear Suzanne,
I am applying to the Community Development Department to change the condition
of approval for our property with BOCC Resolution Nos. 90 -25 and 91 -93 that deals
with dogs on our property. This extends to the wildlife easement that applies to our
property, as well.
I would like the Department to consider an update of approvals to conform with the
current Pitkin County Land Use Code and the Colorado Department of Wildlife
suggestions.
This change would allow dogs on the property, but would restrict them to a fenced
building envelope, in a house, on a leash, or in a kennel. It would allow us to have a
family pet and at the same time minimize any impact on the wildlife that also uses
this area of Old Snowmass.
As support for this application I have included a letter from Martha Cochrane,
Director of Aspen Valley Land Trust regarding a Board meeting that supports this
change and agrees to modify the wildlife easement accordingly, and an opinion of
the Trust's attorney concerning the wording of the restriction.
I also include an assessment of Jonathan Lowsky, a professional wildlife consultant
who surveyed our property. This assessment includes the opinion of Kevin Wright,
CWP District Wildlife Manager, which furnishes the specific wording that he
recommends for updating the dog restrictions to address his concerns.
I hope that you will agree with these findings and opinions, and recommend an
update and amendment of our Land Use Agreement to include these new dog
restrictions for our property.
Sincerely yours,
Brad Davis & Janis Provisor
ULJ0004
LOT 1 DAVIS /DONNELLEY LOT SPLIT
PARCEL ID #264511401001
Suzanne Stephens
Associate Director It is also the Board's recommendation that you first work with Pitkin County to
Melissa Sumem amend -the development'restrictions which led to the inclusion of the dog
Office Manager prohibition in the 1991 document. As you know, it would take an amendment to
both documents to allow landowners to own dogs and keep them with them on
the property.
Best of luck with this issue and please keep us informed on your talks with the
County.
Best wishes,
Martha Cochran
U J u l7 5 Executive Director
Brad Davis and Janis Piovisor
34 Laight Street, #3
New York, NY 10013 Permanently preserving open lands for agriculture,
wildlife, scenic enjoyment and recreation
RE: Snowmass Creek Conservation Easement: Sections 8 & 9
Board of Directors
Dear Brad and Janis:
Wally Obermeyer
President
At its December 13, 2014 -mee6q he Aspcsfi Valley Land -Trust Board of Directors
Louis Meyer
Vice-President
our reviewed Y request to support an amendment to the Snowmass Creek
pp
conservation easement to.permit the keeping of dogs on your property. This
Cathy Porter
Secretary
easement was - donated to Aspen Center for Environmental Studies in 1991 and
transferred to AVLT in 2009.
Sandy Jackson
Treasurer
The AVLT Board voted to communicate to you that they would be open to
Jim Aresty
amending the easement to reflect AVLT's standard method of addressing dogs on
Dan Brumbaugh
properties which have wildlife habitat conservation values. AVLT conservation
Steve Carter
easements are designed to control impacts to a conserved property, not a list
prohibited behaviors, and to include only provisions that can be effectively
Sue Edelstein
monitored. The AVLT standard language is:
Lee Ann Eustis
`Harassment of tY/ildlz�: Harassment df wildlife on the Proper* by any means it prohibited,
Rosemary Patterson
including as a result of failure to control or restrain dogs. "
staff
The AVLT attorney reviewed the easement sections regarding dogs and feels that
there are ways to allow the keeping of dogs while clarifying and strengthening the
Martha Cochran
Executive Director
protections for wildlife. That memo is attached.
Suzanne Stephens
Associate Director It is also the Board's recommendation that you first work with Pitkin County to
Melissa Sumem amend -the development'restrictions which led to the inclusion of the dog
Office Manager prohibition in the 1991 document. As you know, it would take an amendment to
both documents to allow landowners to own dogs and keep them with them on
the property.
Best of luck with this issue and please keep us informed on your talks with the
County.
Best wishes,
Martha Cochran
U J u l7 5 Executive Director
LOT 1 DAVIS /DONNELLEY LOT SPLIT
PARCEL ID #264511401001
CONSERVATION LAW pc.
Conserving Working Landscapes and the Environment
R -K•A• TE551CH E• JHy, P•c-
Jessica E. Jay, Attorney at Law
52 Meadowlark Drive, Evergreen, Colorado 80439
phone: 303-674-3709; fax: 303-674-3715
email: conservationlaw @msn.com
web: www.conservationlaw.org
MEMORANDUM--=-- - - - - -_ ___= - - - - --
TO: MARTHA COCHRAN, AVLT
FROM: JESSICA E. JAY
SUBJECT: SNOWMASS CREEK CE PROHIBITION ON DOGS
DATE: DECEMBER 15, 2011
The Snowmass Creek Conservation Easement entered into November 21, 1991 and
recorded on December 20, 1991 contains a prohibition in Section 8 "Prohibited Uses" on
the "keeping of dogs or other predatory animals." If one interprets "the keeping of dogs"
to mean "the boarding or lodging" or "the custody or care" of dogs, as opposed to the
"ownership or possession" of dogs, then that section could be read to state that while
dogs or other "predatory animals" may not be "kept' on the property, as in boarded or
lodged there, dogs may in fact exist on the property, as long as they do not live there. If
the section meant to prohibit the ownership or possession of dogs, it could have stated
that, but it does not. Therefore, dogs on the property per se would not be prohibited, but
dogs living on the property would be prohibited.
Moreover, when read together with the Section 9 "Residual Estate ", the grantor retains all
rights to itself not otherwise transferred or conveyed to the grantee, including the right to
engage in all uses of the property that are "not inconsistent with the [easement]" or
"prohibited by the [easement]" or "[prohibited] by law." One interpretation of the
interplay with what is either prohibited by the easement or prohibited by existing laws
would be that if Pitkin County prohibits the "keeping" of dogs on the property, then dogs
are permitted on the property, but are not allowed to live, or be boarded or lodged, on the
property.
Obviously, the more clarity of meaning to the clause here, the better —a more prudent
approach would be to address the or any concerns posed by dogs or "predatory animals"
on the property by identifying the impact or impairment of protected conservation values
by dogs or predatory animals, and prohibiting that, such as "dogs must be on a leash or
within the control of their owners at all times while on the property" or "dogs are not
allowed within the X portion of the property during Y timeframe (ground nesting bird
breeding season), or ever ", or "dogs may not be allowed outside the building envelope, or
fenced yard, etc."
UUUJ66
LOT 1 DAVIS /DONNELLEY LOT SPLIT
PARCEL ID #264511401001
April 2, 2012
VIA EMAIL: brad@fortstreetstudio.com
Brad Davis
578 Broadway
New York, NY 10012
RE: Wildlife & Ecological Assessment Regarding Domestic Dog Restrictions
Dear Mr. Davis;
Per your request, I have conducted an assessment of the wildlife and wildlife
habitat on your property 4304 Snowmass Creek Road in Old Snowmass,
Colorado (the Property) as regulated by the Pitkin County Land Use Code
(LUC). The purpose of this assessment is to update the domestic dog restrictions
on the Property to meet the current LUC (§70- 20- 70[e] [2]):
If development is approved within winter range, severe minter range and/or winter concentration areas, dogs
shall be kenneled eoithin fifty (50) feet of the residential buildings or leashed under hurnan supervision when
outside a required kennel.
On March 9, 2012, I conducted an assessment of the Property with particular
attention to the site of the approved activity envelope. I found that the Property
is currently used by elk as winter range. Recent elk pellets and tracks were
present. Browse on preferred forage shrubs such as Gambel oak (Quercus
gambelli) and serviceberry (Amalanchier spp.) was light to moderate. The
sagebrush (Artemisia tridentata spp. vaseyana) that dominates the activity
envelope was lightly browsed. Colorado Parks & Wildlife (CPW) Natural
Diversity Information Source (NDIS) mapping indicates that the Property is
within elk winter range. Elk winter concentration areas occur to the east and
west of the Property. Although the LUC prohibits development within a' /4 mile
(1,320 feet) of a field verified winter concentration area and the buffer from the
nearest winter concentration area indeed extends onto the Property, it does not
encompass the activity envelope.
No mule deer tracks or other sign were observed during the site assessment but
CPW NDIS maps the Property within mule deer winter range. Mule deer most
likely occur in early winter when the snow pack remains relatively shallow and
in late winter when the snowpack begins to melt. The Property is not
encompassed by any mule deer buffers. There is no bighorn sheep habitat on or
within close proximity to the Property.
LOT 1 DAVIS /DONNELLEY LOT SPLIT
PARCEL ID #264511401001
Wildhfe & Ecological Assessment Regarding Domcsde Dog Restrictions
Paget 6
On March 27, 2012, I met on -site with Kevin Wright, CPW District Wildlife
Manager to discuss my findings. Mr. Wright concurred with my assessment that
the toe of the south facing slopes is more -or -less the southern extent of the winter
concentration area and that the approved activity envelope is within active
winter range.
Although the existing development approval (PZ -90 -1) establishes a dog
prohibition ( §4[b]), the current LUC prescribes a kennel restriction for
residential development within both elk and mule deer winter range (§70-20 -
70[e][2]; see above). In other words, within winter range, dogs shall be kenneled
within 50 feet of the residential buildings and leashed under human supervision
when outside a required kennel. Based on the site assessment and my
discussions with Mr. Wright, it is my professional opinion that such a kennel
restriction, if strictly adhered to, would not significantly increase the effects of
residential development on the proposed site. In addition, given the AVLT
conservation easement and the annual monitoring associated with it, I believe
that enforcement of the kennel restriction will be greater than on other
Properties.
Mr. Wright informed me that although his preference is to forgo an update to the
dog restrictions, he recognizes that the current code does not prohibit dogs. He
further stated, however, that if the dog restriction was to be updated to meet the
current LUC, the following additional restrictions would reduce impacts to
wildlife:
1. The number of dogs on the Property should be limited to 1; and
2. The kennel (i.e., fenced area) should be required prior to issuance of a
Certificate of Occupancy.
Given Mr. Wright's comments, the following measures will reduce potential
conflicts with wildlife once the dog restrictions are updated:
1. No more than 1 dog should be permitted on the Property at anytime.
2. When outside, a dog must be leashed or restricted to a fenced enclosure
(i.e., kennel or run) adjacent to the residence in accordance with §70-20 -
70(e)(2) of the LUC.
a. The enclosure must be constructed with a physical barrier that is
reviewed by CPW and determined to be, in fact, dog - proof.
0U0006
According to the LUC, ' (k)ennels use physical barriers such as chain -link fences in such a way that the
dog, cats, and other household pets cannot escape; so- called `invisible fences" do not qualify as kennels."
LOT 1 DAVIS /DONNELLEY LOT SPLIT
PARCEL ID #264511401001
Wildlife & Ecological Assessment Regarddig Domestic Dog Restrictions Page 3 6
b. Invisible Fence type barriers must not be considered sufficient.
These barriers do not adequately contain dogs in the presence of
wildlife.
3. Contractors should be prohibited from bringing their dogs on site during
construction even if kept within their vehicles.
4. The kennel (i.e., fenced area) should be required prior to issuance of a
Certificate of Occupancy.
5. Pitkin County should recommend that AVLT include violations of the
kennel restriction as part of its annual monitoring.
a. Signs of dogs outside the activity envelope (e.g., tracks, waste)
should be recorded and reported to the County.
Please let me know if you have any questions or need additional information.
Sincerely,
COLORADO WILDLIFE SCIENCE, LLC
owsky, MS
Principal Wildlife Biologist/ Ecologist
LOT 1 DAVIS /DONNELLEY LOT SPLIT
PARCEL ID #264511401001
Wildlife & Ecological rlssessmeot Regardugg Domestic Dog Restrictions
Page 6
BACKGROUND & QUALIFICATIONS
Colorado Wildlife Science, LLC (CWS) is a small wildlife and ecological consulting firm
based in Basalt, Colorado, specializing in wildlife research, management, and
monitoring, ecological assessments, wetland & riparian delineations, conservation
easement baseline inventories, ecological planning, habitat management, and ecological
restoration. CWS applies a scientifically sound approach to biological resource studies
and management. Our work combines professional integrity and strong academic
training with extensive experience working for government, private, and non - profit
clients. With an extensive network of professional collaborators that includes plant
ecologists, foresters, hydrologists, and soil scientists, CWS leverages the collective
knowledge of experienced professionals working toward practical, effective and cost
saving solutions.
CWS provides expert services to a diverse array of clients. Since we are a small
company, personal attention is ensured. We combine full in -house GIS (ArcGIS) with
real time, sub -meter GPS to provide state -of- the -art spatial data, analyses, maps, and
presentations. We have prepared Biological Assessments and Biological Evaluations,
and contributed to EAs and EISs. CWS has worked with large private firms such as
Jacobs, Carter and Burgess, Parsons, CH2MHILL, and SAIC as well as city and county
agencies and governments such as City of Aspen, City of Glenwood Springs, Pitkin
County, Colorado Department of Transportation, and Roaring Fork Transportation
Agency. CWS is currently collaborating on the Pitkin County Airport Wildlife Hazard
Assessment. CWS has prepared over 60 conservation easement baseline and Present
condition reports for 8 different conservation organizations in 5 western Colorado
counties.
Owner and Wildlife Biologist Jonathan Lowsky, M.S. Wildlife Biology, Colorado State
University, has a broad range of knowledge. With more than 19 years of professional
experience with federal (US Forest Service), state (Colorado Division of Wildlife), and
county agencies as well as two major universities (Colorado State University and
University of Washington), Jonathan's career has focused on a diverse array of wildlife
from bighorn sheep, elk, and songbirds to northern goshawks, flying squirrels, small
mammals, and spotted bats. Mr. Lowsky's experience includes biological assessments
and evaluations for NEPA compliance, conservation planning, GIS mapping and
modeling, wildlife research, and ecological monitoring design and implementation, as
well as wetland and riparian delineations, evaluations, and restoration. He has authored
management plans and conservation easement baseline inventory reports and published
scientific papers. An expert birder, experienced tracker, certified wetlands delineator,
trained fluvial geomorphologist, and passionate observer of wildlife, Jonathan has spent
countless hours studying and appreciating Colorado's diverse ecological communities.
A detailed description of Mr. Lowsky's professional experience and references are
available. For additional information, please visit our website at
www .coloradowildlifescience.com.
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ALTA Commitment (6/17/06)
ALTA Commitment Form
COMMITMENT FOR TITLE INSURANCE
Issued by
E.
9 tY P Y
STEWART TITLE GUARANTY COMPANY, a Texas Corporation ( "Company "), for a valuable consideration, commits to Issue
its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as
owner or mortgagee of the estate or Interest in the land described or referred to in Schedule A, upon payment of the premiums
and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions
of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the
policy or policies committed for shall issue, whichever first occurs, provided that the failure to Issue the policy or policies is not
the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by Its duly
authorized officers on the date shown in Schedule A.
Countersigned by:
Authorized Countersignature
Stewart Title - Aspen
620 East Hopkins Ave
Aspen, CO 81611
(970) 925 -3577
rs V YC" t
title guaranty company
CD
Senior Chairman of the Board
Chairman of the Board
.. i; ��l
Copyright 2006 -2009 American Land Title Association. All rights reserved.
The use of this Fom is restricted to ALTA licensees and ALTA members in good standing as of the date of use
All other uses are prohibited Reprinted under license from the Amencan Land Title Association
File No. 01330 -13667 �
Page 1 of 2 �ry-a�}
004 -UN ALTA Commitment (6 117106) -aflk, r, ` t
' n
UwuUl
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fall to disclose such knowledge to the Company In writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company Is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or If
the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other
matter, the Company at Its option may amend Schedule B of this Commitment accordingly, but such amendment shall
not relieve the Company from liability previously Incurred pursuant to paragraph 3 of these Conditions.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured In the form of policy or policies committed for and only for actual loss Incurred In
reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions
shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the Insuring provisions and Conditions and the Exclusions from Coverage
of the form of policy or policies committed for in favor of the proposed Insured which are hereby Incorporated by
reference and are made a part of this Commitment except as expressly modified herein.
4. This Commitment is a contract to Issue one or more title insurance policies and Is not an abstract of title or a report of
the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against
the Company arising out of the status of the title to the estate or Interest or the status of the mortgage thereon covered
by this Commitment must be based on and are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause All arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. You may review a copy of the arbitration rules at< httn.lAwww.alta.orah.
Stewart
title guaranty company
All notices required to be given the Company and any statement In writing required to be furnished the Company shall be
addressed to it at P.O. Box 2029, Houston, Texas 77252.
Copyright 2006 -2009 American Land Title Association. All rights reserved.
The use of this Form is restnoled to ALTA licensees and ALTA members in good standing as of the data of use
All other uses are prohibited Reprinted under license from the American Land Title Association
File No.. 01330 -13667 Page 2 of 2
004 -UN ALTA Commitment (6/17106) 1�e�g,.eraCWa
��uu�6
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No.: 01330 -13667
1. Effective Date: August 29, 2012 at 8:00 A.M.
2. Policy or Policies to be issued: Amount of Insurance
(a) A.L.T.A. Owner's
Proposed Insured:
(b) A.L.T.A. Mortgagee's
Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and covered herein Is:
Fee Simple
4. Title to the said estate or interest in said land is at the effective date hereof vested in:
Bradley D. Davis and Janis Provisor
5. The land referred to in this Commitment is described as follows:
Lot 1
DAVIS- DONNELLEY LOT SPLIT
According to the plat recorded December 20, 1991 in Plat Book 27 at Page 90.
County of Pitkin
State of Colorado
Purported Address:
4303 Snowmass Creek Road
Snowmass, CO 81654
STATEMENT OF CHARGES
These charges are due and payable
before a policy can be issued
Search Fee $100.00
Copyright 2006 -2009 American Land Title Association. All rights reserved. ,rr
The use of this Fonn is matncted to ALTA licensees and ALTA members in good standing as of the date of use
All other uses are prohibited. Reprinted under license from the American Land TNe Association ..... ,.w
File No (11330-13667 Page 1 of 1
CO STG ALTA Commitment Sch A STO I -� „�
UU�UJ 7
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART
File No.: 01330 -13667
The following are the requirements to be complied with:
1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or
interest to be insured.
2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record.
3. NONE
NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any
form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any
condition, fact or circumstance. This product does not obligate this Company to issue any policies of title
insurance for any subsequent transaction based on the information provided or involving the property described
herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid
for this product.
Copyright 2006 -2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use +wo rein
All other uses are prohibited. Reprinted under license horn the American Land Title Association ..,.,v.w
File No. 01330 -13667 Page 1 of 1 w
CO STG ALTA Commitment Sch B I SmK e.,,-- r,,,,n. ilt
'J�;�l:i_3
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
File No.: 01330-13667
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same
are disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the public
records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured
acquires for value of record the estate or interest or mortgage thereon covered by this Commitment.
6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance
thereof.
7. Water rights, claims or title to water.
8. Any and all unpaid taxes and assessments and any unredeemed tax sales.
9. The effect of Inclusions in any general or specific water conservancy, fire protection, soil conservation or other
district or inclusion in any water service or street improvement area.
10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded August 28, 1902
in Book 55 at Page 504 as Reception No. 67561.
11. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted, and right of way thereon for ditches and canals constructed by
the authority of the United States, as reserved in United States Patent recorded July 27, 1939 in Book 55 at Page
326 as Reception No. 89803.
12. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded March 28, 1896
in Book 55 at Page 483 as Reception No. 58573.
13. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States
Patent recorded July 15, 1916 in Book 55 at Page 214 as Reception No. 78017.
14. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States
Patent recorded May 2, 1935 in Book 55 at Page 312 as Reception No. 37816.
15. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States
Patent recorded July 29, 1925 in Book 55 at Page 319 as Reception No. 88001.
Copyright 2006.2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use
All other uses are prohibited Reprinted under license from the American Land Title Association . n., ,...
File No 01330 -13667 Page 1 of 2 stleyva ft
CO STG ALTA Commitment Sch B II STO
UiULUl`%
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
16. An undivided one -half (1/2) interest in all oil, gas and other mineral rights as reserved by Charles Redd in the
Deed to Burton Tuttle recorded October 2 1951 in Book 176 at Page 603 as Reception No. 98662, together with
the appurtenant rights to use the surface of the Land. The Company makes no representation as to the present
ownership of this interest.
17. Restrictions and Covenants as set forth in Instrument recorded February 4, 1983 in Book 439 at Page 968 as
Reception No. 247689 and Amended by instrument recorded December 20, 1984 in Book 478 at Page 553 as
Reception No. 264862.
18. Easements and rights of way for the following ditches insofar as they may affect the subject property Robichaud
Ditch, Mc- Kenzie -Hatch Ditch, Stiger Ditch, Walker Wonder Ditches.
19. Easement and right of way for the Snowmass Creek Road.
20. Deed of Conservation Easement as set forth in instrument recorded December 20, 1991 in Book 664 at Page 983
as Reception No. 339713, Assignment of Interest in Deed of Conservation Easement recorded June 3, 2009 as
Reception No. 559644 and First Amendment for Deed of Conservation Easement in Gross recorded June 3, 2009
as Reception No. 559645.
21. Subdivision Improvements Agreement for Davis /Donnelley Lot Split as set forth in instrument recorded December
20, 1991 in Book 664 at Page 996 as Reception No. 339714.
22. Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting Approval of the Davis/
Donnelley 50% Density Lot Split and 1041 Hazard Review for Geologic Wildfire and Wildlife, Resolution No. 90 -25
as set forth in instrument recorded March 16, 1990 in Book 616 at Page 241 as Reception No. 320916; and
Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting Final Plat Approval for the
Davis /Donnelley Lot Split, Resolution No. 91 -93 recorded October 29, 1991 in Book 660 at Page 381 as
Reception No. 337969.
23. Grant of Access Easement recorded February 6, 1992 in Book 668 at Page 731 as Reception No. 341330.
24. All matters shown and contained on Plat of the Davis /Donnelley Lot Split recorded December 20, 1991 in Plat
Book 27 at Page 90 as Reception No. 339715.
Copyright 2006.2009 American Land Title Association. All rights reserved. ,ar
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use ,wo wu
All other uses are prohibited Reprinted under license from the American Land Title Association •.0 •..
File No. 01330 -13667 Page 2 of 2
CO STG ALTA Commitment Sch B II STO 9 ?ro�o��mw
juuiN
DISCLOSURES
File No.: 01330 -13667
Pursuant to C.R.S. 10 -11 -122, notice is hereby given that:
A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT;
B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE
COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT;
C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE
OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR
THE COUNTY ASSESSOR
Note. Colorado Division of Insurance Regulations 3 -5 -1, Subparagraph (7) (E) requires that "Every title entity shall be
responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the
closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed."
Provided that Stewart Title - Aspen conducts the closing of the insured transaction and is responsible for recording the
legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's
Title Policy when issued.
Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
A. The land described in Schedule A of this commitment must be a single - family residence, which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and
Materialmen's Liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within
six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will
include: disclosure of certain construction information; financial information as to the seller, the builder and /or the
contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the
company; and, any additional requirements as may be necessary after an examination of the aforesaid information
by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
To comply with the provisions of C.R.S. 10 -11 -123, the Company makes the following disclosure:
a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
b. That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN
INCLUDES AN EXCEPTION FOR SEVERED MINERALS.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE
COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED.
File No.: 01330 -13667
CO Commitment Disclosure
LjJuu21
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
PHONE# (970) 920- 5526/FAX4 (970) 920 -5439
October 12, 2012
Bradley Davis
34 Laight Street, #3
New York, NY 10013
brad @fortstreetstudio.com
Re: Davis Minor Amendment
(PID #2645- 114 -01 -001; CASE# P094 -12)
Dear Ms. Davis:
The Planning Office has completed its preliminary review of the captioned application. We have
determined that this application is complete. After a more detailed review of the submittal
information, additional information specific to the application may be requested in order to
adequately review and process the application. The planner in charge of the review will request
the information from you directly.
We have scheduled this application for review by the Board of County Commissioners on
Wednesday, November 28, 2012, at a meeting to begin at 12:00 P.M. in the Rio Grande Conference
Room, 455 Rio Grande Place, Aspen. Should this date be inconvenient for you, please contact me
within 3 working days of the date of this letter. After that the agenda date will be considered final
and changes to the schedule or tabling of the application will only be allowed for unavoidable
technical problems. The Friday before the meeting date, we will call to inform you that a copy of
the memo pertaining to the application is available at the Community Development Department.
If you have questions, please call Suzanne Wolff, the planner assigned to your case, at 920 -5093.
Sincerely,
Bonnie Waechtler
Administrative Assistant
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920 -5526 FAX (970) 920 -5439
MEMORANDUM
TO: Colorado Parks & Wildlife
Snowmass/Capitol Creek Caucus
Aspen Valley Land Trust
FROM: Suzanne Wolff, Community Development Department
Suzarme.wolft2co.pitkin.co.us
RE: Davis Minor Amendment
(CASE P094 -12; PID 2645 - 114 -01 -001)
DATE: October 12, 2012
Attached for your review are materials for an application submitted by Bradley Davis. The Board of County
Commissioners will review the application on Wednesday, November 28, 2012.
Please return your comments to me by Friday, November 16, 2012.
http: / /www.aspenpitkin.comf Portals /0 /docs/ county /Com %20Dev /Planninp_/Land Use Applications/
P094 12 app.pdf
Thank you.
SNOWMASS- CAPITOL CREEK CAUCUS
P.O. BOX 507
SNOWMASS, COLORADO 81654
November 20, 2012
Michael Kraemer
Community Development Department
130 S Galena
Aspen, CO 81611
Re: Davis Minor Amendment
Dear Mike:
The Snowmass /Capitol Creek Caucus board reviewed and voted to recommend approval of the
application. Thanks for the opportunity to comment on this application.
Sincerely yours,
Ken Smith
Land Use Committee
Snowmass /Capitol Creek Caucus
/U-f /
uuuOH
Suzanne Wolff
From:
Wright, Kevin <kevin.wright @state.co.us>
Sent:
Wednesday, October 24, 2012 10:33 AM
To:
Suzanne Wolff
Cc:
Perry Will
Subject:
Davis Minor Amendment
If BOCC Resolution 90 -25 and 91 -93 are changed to allow dogs on the property located at 4304 Snowmass
Creek Road, I refer you Colorado Wildlife Science's April 2, 2012 letter provided in the application. Conditions
to minimize impacts to wildlife are contained within the letter and should be adhered to. If you have nay
questions, please give me a call.
Email secured by Check Point
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t�UUU��
PITKIN C)UNTY COMMUNITY DEVEQPMENT
Permit Receipt
RECEIPT NUMBER 00033005
Name: Fort Street Studio Inc Date:9/26/2012
Project Address: 4303 SNOWMASS CREEK RD
Type: check # 4996
Permit Number Fee Description
0094.2012.PLAN
0094.2012. PLAN
0094.2012. PLAN
Amount
PP- Flat Fee 936.00
PP- Clerk Fee 375.00
PP- Clerk Tech Fee 25.00
Total: 1,336.06
RECEPTION #: 594731, 12/11/2012 at
03:59:33 PM,
1 OF 3, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO APPROVING THE DAVIS AMENDMENT TO BOARD OF COUNTY
COMMISSIONERS RESOLUTION NOS. 90 -25 AND 91 -93 REGARDING DOG RESTRICTION
Resolution No. JQJ -2012
RECITALS
Bradley D. Davis and Janis Provisor ( "Applicant ") have submitted an application to the Board of
County Commissioners of Pitkin County, Colorado ( "BOCC ") to amend the original lot split approval
to allow dogs on the lot, subject to a kenneling restriction.
2. The property is located on Snowmass Creek Road, and is described as Lot 1, Davis/Donnelley Lot Split.
3. The lot is zoned RS -30 and contains 35 acres.
4. The BOCC approved the Davis/Donnelley Lot Split, pursuant to Resolution Nos. 90 -25 and 91 -93. The
Final Plat was recorded in Plat Book 27 at Page 90. The primary issue in the review of the lot split was
the protection of wildlife habitat on the property. BOCC Resolution Nos. 90 -25 and 91 -93 that
approved the lot split both include the following condition: "No dogs or other predatory animals
shall be allowed on the parcel." Building and Human Activity Envelopes were established on the plat,
and the Applicant agreed to limit the size of structures on the lots to 7,500 square feet and to record a
Conservation Easement to protect wildlife. The Conservation Easement runs to the benefit of the Aspen
Valley Land Trust (originally granted to the Aspen Center for Environmental Studies and later
transferred to Aspen Valley Land Trust) and is recorded as Reception #337969. The Conservation
Easement also prohibits "The keeping of dogs or other predatory animals."
5. The current Colorado Parks and Wildlife ( "CPW ") mapping shows the property within mule deer and
elk winter range. The approved building and human activity envelopes on Lot 1 are more than '/a
mile from mapped mule deer winter concentration and severe winter range, and elk winter
concentration.
6. The BOCC considered this application at a regular meeting on November 28, 2012, at which time
evidence and testimony was presented with respect to the application.
7. The BOCC finds that the Land Use Code ( "Code ") has changed since the original approvals were
granted, and dogs would not be prohibited under the current Code, based on the mapped and field
verified wildlife habitat on the property. Sec. 7- 20- 80(e)(2) of the Code states, "If development is
approved within winter range, severe winter range and/or winter concentration areas, dogs shall
be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision
when outside a required kennel." As noted above, the property is within mule deer and elk
winter range.
8. The BOCC further finds that a kennel restriction, if strictly adhered to, would ensure that wildlife
habitat is preserved and impacts on wildlife are mitigated, and would not significantly increase the
effects of residential development on the proposed site. Additional enforcement of the kenneling
Resolution No.%R -2012
Page 2
restriction would be provided by Aspen Valley Land Trust as part of the annual monitoring of the
Conservation Easement.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby approves the Davis
Amendment, 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 the application or in public meetings
or hearings and shall consider those representations to be conditions of approval, unless amended by
other conditions.
2. All conditions of BOCC Resolution Nos. 90 -25 and 91 -93 shall remain in full force and effect, except
as amended herein.
3. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Only one dog shall be permitted on the property. The dog shall be kenneled within fifty (50)
feet of the residential buildings or leashed under human supervision when outside a required
kennel.
B. The kennel or fenced enclosure shall be constructed with a physical barrier that shall be reviewed
and determined to be dog -proof by CPW. Invisible fence type barriers are not sufficient. The
kennel shall be installed prior to issuance of a Certificate of Occupancy for the residence.
C. Visitors including all contractors are prohibited from bringing their dogs on site.
D. Fencing is prohibited outside of the Building and Human Activity Envelopes. Fencing within the
envelopes that is not for the kennel or intended to contain livestock shall comply with the
following:
1) Mesh or woven wire fences are prohibited.
2) 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.
3) 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.
E. Horse grains, pellets, and cookies shall be stored in bear resistant containers.
F. Horse hay shall be fenced with 8' mesh game proof fencing to minimize game damage conflicts.
G. Native vegetation shall be maintained outside of the Building and Human Activity envelopes.
H. Trash /garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the
County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to
issuance of a certificate of occupancy.
I. Contractors /construction workers shall be required to provide bear proof containers for all edible
and food related trash.
J. Avoid fruit- bearing trees and shrubs in any landscaping.
K. All outside doors shall utilize only solid round handled door knobs, unless another type is
required by the applicable Building Code for disabled accessibility purposes.
Resolution No.I� -2012
Page 3
4. The Applicant shall amend the Conservation Easement held by Aspen Valley Land Trust ( "AVLT ")
to be consistent with this approval. Evidence of the amendment shall be submitted to the Community
Development Department. The BOCC requests that any violations of the kenneling restriction or
signs of dogs outside of the Building and Human Activity Envelopes (e.g., tracks, waste) that are
identified by AVLT in the annual monitoring of the Conservation Easement be reported to the
Community Development Department.
5. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this
property.
APPROVED AND ADOPTED on the 28`h day of November, 2012.
APPROVED AS TO CONTENT:
Cindy Houben
Community Development Director
Case 0094 -12; PID 264511401001
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLOR,�DO
By wG
Michael M. Owsley, Chairman
APPROVED AS TO FORM:
John Ely...:.. !
Ctrs ey