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Home My WebLink Aboutbocc.res.051.2014RECEPTION#: 610591, 05/28/2014 at 12:02:25 PM, 1 OF 4, 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 JL HOLDINGS CLAY LANE LP AMENDMENT TO BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 98-109 REGARDING DOG RESTRICTION Resolution No. OT( -2014 RECITALS 1. JL Holdings Clay Lane LP ("Applicant") has submitted an application to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to amend the original approval to allow dogs in the lot, subject to a kenneling restriction. 2. The property is located at 170 Clay Lane, and is more specifically described in Exhibit A. 3. The lot is zoned AR -10 and contains 5 acres. The BOCC granted 1041 hazard review and conceptual submission approval, pursuant to Resolution No. 98-109. The 1041 Site Plan was recorded in Plat Book 48 at Page 88. Condition #12 of BOCC Resolution No. 98-109 states, "Dogs shall be prohibited, due to the proximity of wildlife habitat." 5. The current Colorado Parks and Wildlife ("CPW") mapping shows the property within elk production, but field verification limits elk production to the area to the south of the parcel. 6. The BOCC considered this application at a regular meeting on May 14, 2014, 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. 7-20-70(e)(4) of the Code states, "If development is approved within or adjacent to wildlife production areas, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision when outside a required kennel." 8. The BOCC further finds that dogs are allowed on the adjacent East Owl Creek subdivision lots, subject to the requirement that they be kenneled or leashed (BOCC Resolution No. 88-131) 9. 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. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby approves the JL Holdings Clay Lane LP Minor Amendment, subject to the following conditions, which shall run with the land and be binding on all successors in interest: Resolution No. 651-2014 Page 2 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 No. 98-109 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. Dogs shall be kenneled within fifty (50) feet of the residence or leashed under human supervision when outside a required kennel. B. The kennel shall be constructed on the northwest side of the residence within 90 days of the date of this approval. C. The kennel or fenced enclosure shall be constructed with a physical barrier that shall be reviewed and determined to be dog -proof by Colorado Parks and Wildlife. Invisible fence type barriers are not sufficient. D. Visitors including all contractors, caretakers or service providers are prohibited from bringing dogs on site. E. Fencing is prohibited outside of the Building and Development Envelopes. Fencing within the envelopes, other than fencing for the kennel, 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. F. Native vegetation shall be maintained outside of the Building and Development Envelopes. G. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the County's Wildlife Protection Ordinance. Fl. 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. 4. 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. Resolution No. Q5(-2014 Page 3 APPROVED AND ADOPTED on the 14°i day of May, 2014. Jones, Clerk/Ao the BOCC APPROVED AS TO CONTENT: % 0�kk u. C4 Cindy Houben Community Development Director Case #P035-14; PID 273504400002 W BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By 5 reel Cw V Robert A. Ittner, Jr., Chair APPROVED AS TO FORM: a 06. IONp--60382 9 19 at C D2:08:14 PM, 1 OF 2, .00 DF $0.00 Doc Code WD N. Vos Caudill, PBldn County, CO h ^ GJ WARRANTY DEED THIS DEED is dated the 18th day of September, 2013, and is made between Gregory Gogo I: (whether one, or more than one), the'Grantor of the County of Palm Beach and State of Florida and J.L. Holdings Clay Lane Limited Partnership, a Delaware limked partnership _ (Mather oro, of rhes than one), the •Grantee', whose legal address is 190 Spyglass Lane, Jupiter of the County of and State of Florida. 331/9,/ WITNESS, that the Grantor, for and In consideration of the sum of Ten dollars and other good and valuable �k consideration ( $10.00 ), the receipt and sufficiency of which is hereby admoWedged, hereby grants, bargains, sals, conveys arid Wrifinrns unto the Grantee and the Grantee's heal and assigns forever, an the real property, together with any ' erprovemM>+ 1M.reon, located in the County of Pbkin and State W Colorado described as follows: A tract of land situated in Lot 20 and NE1ASEIA of Section 4, Township 10 South, Range 85 West of the Sixth principal Meridian and described as follows: Beginning at a point, a 718 inch pin, whence the Southeast Comer of Section 4, Township 10 South, Range 85 West of the Sixth Principal Meridian bears South 49°20' East 1293.18 feet; dance North 09'05' East 600.00 feet; thence North BD°55' West 383.00 feet thence South 09'05' West 600.00 feet thence South 80'55'East 363.00 feat To The Point Of Beginning. BOUNTY OF PrTKIN, STATE OF COLORADO - also known by street address as: 170 Clay lane, Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging. or in an wise appertaining. to reversions, rags. ra .issues and pro5b thereof, and a0 the estate rl^ Ube, Wariest, dean and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained Overrides, with the bereditements and I appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, end the Grantees' hebe and saagns forever. . The Grantor, for the Grantor end the Grantors heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's heat and assigns: that at the time of the ensealing and delivery of these presents. the Grantor is well seized of the premises above described; hes good. sure. perbq, absolute and Indefeasible estate of Inheritance, in law. and in fee simple: and has good right. hra power and lawful ausedty to grand, bargain, sell and convey the same in manner end form as aforesaid: and that tlw same are free and dear from as farmer and other grarrta. bargawa. sales. Fere, taxes, assessments, encumbrances and restrictions of whatever kid or nature soever. except enol subject to: a General taxes for the year 2013 and subsequent years; and those specific exceptions described by reference to;� recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Section 8.1 (Record Title Matters) of the Contract to Buy and Sell Real Estate relating to the above described real property;P distribution utility easements (including, cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Section 8.2 (OB Record Title Matters) and Section 9 (Current Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described reel property: inclusion of the Property within any j special taxing district the benefits and burdens and of any recorded declaration and party wall agreements, d any. t d M9 WARRANT THE TITLE AND DEFEND the above described premises, but not any ecyointig And the Grantor9RE80F. vacated street orny, in the quiet and peaceable possession of the Grantees, and the hon and assigns of the Grantees, ag ' aery person a persons lawfully claiming the whole or any pan thereof. IN se Grantor has executed TMs deed on the date Bel forth above. Sewan Tee Fie Nw VD 013 24919 93ZA WARRANTY DEED STCO 000028 Page 1