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Home My WebLink Aboutbocc.res.044.2017 IIlII II III 11111 11111 11111 llII 1111111 If 11111 III 11111 IIII l II111111 RECEPTION#: 639195, R: $0.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 06/15/2017 at 03:34:03 PM Janice K.Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE WILLIAMS AMENDMENT TO BOARD OF COUNTY COMMISSIONERS RESOLUTION NOS.90-25 AND 91-93 REGARDING DOG RESTRICTION Resolution No.OW-2017 RECITALS 1. The Craig and Lee Williams Family Partnership, LTD ("Applicant") has submitted an application to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to amend the original lot split approval with the following requests: • Permit the keeping of up to two(2)dogs on the property; • Permit the keeping of dogs in a kennel within 50'of the existing residence/existing barn; • Permit the utilization of off-leash"working dogs"for agricultural purposes as defined in the Land Use Code; • Permit supervised dogs, under human voice control within the Activity Envelope. 2. The property is located at 4305 Snowmass Creek Road,and is described as Lot 2, Davis/Donnelley Lot Split. • 3. The lot is zoned RS-30 and contains 149 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 #628146. This conservation easement does not prohibit dogs. The Lot is currently developed with a single family residence,garage, and horse barn. 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 2 are more than 1/4 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 May 24th, 2017 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 Resolution No.INV-2017 Page 2 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. 9. The BOCC further finds that off leash working dogs, specifically for agricultural purposes, are permissible pursuant to Land Use Code Section 7-20-70(0(2), however, there is currently no agricultural operation on the property that demands the use of off leash working dogs. Therefore, if an agricultural operation is proposed in the future that necessitates the use of off leash working dogs, the request and potential amendments to Resolutions Nos. 90-25 and 91-93 can be made at that time. This potential future request shall be reviewed the BOCC. 10. The BOCC further finds that the Land Use Code does not support off leash domestic dogs within Mule Deer and Elk Winter Range and that this portion of the request cannot be approved. NOW,THEREFORE,BE IT RESOLVED by the BOCC that it hereby approves the Williams Amendment, subject to the following conditions, which shall run with the land and be binding on all successors in interest: I. 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. Currently there are no dogs on the property. Prior to bringing dogs onto the property, the Applicant shall notify the Community Development Director and design a kennel or fenced enclosure with a physical barrier that shall be reviewed and determined to be dog-proof by CPW. The Applicant shall construct the approved kennel design prior to dogs entering the premises. Invisible fence type barriers are not sufficient. B. The County shall inspect the kennel for completion. C. No more than 2 dogs shall be permitted on the property. The dogs shall be kenneled within fifty (50) feet of the existing residence/existing barn or leashed under human supervision when outside a required kennel. D. Visitors including all contractors are prohibited from bringing their dogs on site. 4. 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. All pets shall be fed indoors. All pet food shall be stored inside. If pet food is stored outside, it shall be stored in bear proof containers. Resolution No.-`f-2017 Page 3 6. 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 24th day of May,2017. BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY,COLORADO George; ewmait,Chairm ;BATT'ST: Jeane e Jones,Clerk to e BOCC APPROVED AS TO CONTENT: APPROVED AS TO FORM: C.04--ft5 eirt C-64— 411111111111111111.P" CirtoS,Houben John Community Development Director Coun orney/ Case#P009-17;PID#: 26451 1401002 !�/