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HomeMy WebLinkAbout8.0 Exhibits BOCC Call Up 07.18.2016Call-up to Board of County Commissioners, July 18, 2016 Exhibits — Ranch at Coulter Creek Amended Plat FPAA-02-16-8425 Exhibit Number Exhibit 1 Public Hearing Notice Affidavit, with attachments 2 Garfield County 2013 Land Use and Development Code, as amended 3 Garfield County Comprehensive Plan 2030, as amended 4 Application 5 Director Decision dated June 3, 2016 and Exhibits A - U 6 Applicant request for call-up 7 Staff Memo 8 Email string regarding existing entitlements in Ranch at Coulter Creek 9 Letter dated June 23, 2016 from Ranch at Coulter Creek HOA 10 Letter dated July 8, 2016 from Dave Erickson, Stewardship Director - AVLT 11 Email dated July 11, 2016 from Dave Erickson, AVLT 12 Email dated July 11, 2016 from Carl Moak EXHIBIT 1 I Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. My application required written/mailed notice to adjacent property owners and mineral owners. J Mailed notice was completed on they day of u , 2016. ✓ All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. V All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] PR5t�i[2 Arl2Licipsr- • Please attach proof of certified, return receipt requested mailed notice. ❑ My application required Published notice. Notice was published on the day of ■ Please attach proof of publication in the Rifle Citizen Telegram. , 2016. 0 My application required Posting of Notice. Notice was posted on the day of , 2016. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: Signature: '''rr . 11" Date: ISP a w CC cc O v 2 W O o Cc . oC W E Uo • h E ar at- 010.4 tl .g ..: i....., .. W ..,.... g S 5 B jii;Ig j❑❑❑❑©Q j LE 1 2069 2995 2000 0+190 STOZ z 6999 2995 L000 01190 STOZ • 3 . L. f N O O • - f M n� '?,,l -w..9 3 co v i fig 3 - 3 � • a` ^ 4: s° 03.x./ bJ 1 T'1 C. ..• 1 C. CN d CoCY 1 I 0 E O v ' � v Iii t •;li o 1 a o o 0 Ot. a 2 .. c c 2 Fa° EMIR SSNICOS A FOSS Peekba4a+idreoitip:Tyru) ❑ Retum Receipt (hardcopy)$ ❑ Retum Receipt (electronic) f . - 8 ❑ Certilled Mail Restricted r-', ]t',,sr t n _ no . ❑ Adult Signature Required 5!41-� $,4040— ❑ Adutt Signature Restricted Y4'��►'Y $ . I5� VIA'? A'? A a m g ..,? �,9 `t-! 07 tiP3 _5999 299s Loon nh90 S'LOZ gp aka oc A 3..c g g 0 a $ . g ¢ @ E E e Q S o s, ❑0000 14*fa0)6949 i `• ▪ a r— N - h. c S +i- ti = OyIliiim 40 ti. VP a • O• 'b 4. A §1115,1 €`' 2 1 'clr$$9 3 •r_❑❑❑❑❑A ,at° • 6T69 2995 L000 0h9n STn? June 3, 2016 Garfield County Community Development 108 8th Street, Suite 401, Glenwood Springs, CO 81601 Office; 970-945-8212 Fax: 970-384-3470 Carl Moak — 1082 Cattle Creek Ridge Road Carbondale, CO 81623 emoak@sopris.net RE: Director's Decision — Ranch at Coulter Creek Garfield County File Number FPAA-02-16-8425 Dear Mr. Moak; EXHIBIT 1 This letter is being provided to you as the authorized representative of the Ranch at Coulter Creek Homeowner's Association in regard to the General Administrative Review Application for a Final Plat Amendment for the Ranch at Coulter Creek. This subdivision contains 26 number of single family Tots, open space and conservation easement area on 479 -acres. The Director's Decision is to deny the request to delete the plat note restricting the homesites within the subdivision to one dog. This decision is based upon the staff report review and the following findings: 1. That proper public notice was provided as required for the Director's Decision. 2. Consideration of the Application was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were given an opportunity to provide input prior to the Director's decision. 3. That the application has not met the requirements of the Garfield County Land Use and Development Code, as amended. 4. That the application is not in compliance with the Preliminary Plan requirements for the subdivision with regard to mitigation measures for wildlife. This Director's Decision will be forwarded to the Board of County Commissioners for a period of 10 days so that they may determine whether or not to call up the application for further review. Call-up may be requested by the Applicant as well Ranch at Coulter Creek Amended Final Plat Director Decision June 3, 2016 as any other interested party. If the 10 day period passes with no request for review or public hearing the decision will be final. Please contact this department if you have any questions. Sincerely, 'rte"dy(, Tamra Allen, AICP Acting Director of Community Development Department CC: Board of County Commissioners File 2 Director Decision, June 3, 2016 Exhibits — Ranch at Coulter Creek FPAA-02-16-8425 Exhibit Letter (A to zi Exhibit A Public Hearing Notice Affidavit, with attachments B Garfield County 2013 Land Use and Development Code, as amended C Garfield County Comprehensive Plan 2030, as amended D Application E Staff Report F Letter dated May 17, 2016 from Perry Will, Colorado Parks and Wildlife G Email from Carl Moak to Perry Will, CPW, dated May 24, 2016 II Email from Carl Moak re: wildlife restrictions, dated May 24, 2016 I Staff Comment letter dated June 3, 2016 J Letter dated June 3, 2016 from Perry Will, Colorado Parks and Wildlife K Director decision letter L M N 0 P 0 EXHIBIT REVISED JUNE 6, 2016 � [� PROJECT INFORMATION+. AND COMMENTS TYPE OF REVIEW APPLICANT (OWNER) REPRESENTATIVE LOCATION LEGAL DESCRIPTION ACRES ZONING Administrative Review — Final Plat Amendment All lots owners in Ranch at Coulter Creek and the Homeowner's Association Carl Moak — Ranch at Coulter Creek HOA Northeast of the Town of Carbondale - north of intersection of CR 100 & CR 113 Final Plat — Ranch at Coulter Creek filed at Reception No. 653768 Overall Subdivision 479 -acres Planned Unit Development DESCRIPTIONIOF THE,PROPOSAL Wage The Applicants seek removal of a Final Plat note that restricts the number of dogs per each residential unit in the subdivision to one (1). Instead, they are requesting allowance of up to three (3) dogs per lot owner, a restriction that they propose to be added to their subdivision Protective Covenants. The Ranch at Coulter Creek Planned Unit Development and subdivision approval was granted by the Board of County Commissioners in 2004 for 26 single family Tots. The approval required a note on the Final Plat limiting the number of dogs permitted within the subdivision to one (1) per residential unit. Each lot within the Ranch at Coulter Creek is permitted, by -right, one single family dwelling unit. This restrictive plat note was applied to all subdivisions in Garfield County that were subject to wildlife values and therefore the limitation on the number of domestic animals was used as a mitigation measure related to protection of wildlife and ranching operations from the proposed development. Ranch at Coulter Creek Plat Amendment June 3, 2016 REVISED The existing plat note is as follows: S. O (1) DOC MU. 9E ALLOWEEO FOR EAcU RES1OEHT1AL UN T MINN THE P U0 AND TM DOG SHALL as REWIRED TO BC CO 1 NCO %MIN THE CromERS' PROPER rr sounm RJFS The site is located in Missouri Heights approximately four (4) miles north of State Highway 82, just north of the intersection of CR 100 and 113 and is comprised of 479 -acres approved for 26 single family residential units. Aspen Valley Land Trust holds a conservation easement on all areas of the subdivision outside of the individual lots. The original County approvals further restricted domestic animal use based upon the Division of Wildlife (now Colorado Parks and Wildlife) assessment of the area, particularly for use of the area during the winter months due to the area being critical mule deer and elk habitat classified as winter range for both species, and severe winter range for elk. Restrictions currently exist related to the timing of use of the conservation easement area in order to protect the existing wildlife values of the area. If approved, the request would allow the number of dogs permitted within the subdivision to increase from a current maximum of 27 dogs (one per permitted single family 21Page Ranch at Coulter Creek Plat Amendment June 3, 2016 REVISED residential unit and one per the pre-existing ranch manager dwelling) to up to 81 dogs if each lot owner is permitted up to three (3) mature dogs as proposed in the draft subdivision covenants. !II. REFERRAL COMMENTS A. Colorado Parks and Wildlife, Exhibits F and J — Perry Will has responded to the referral request that the subdivision lies within critical mule deer and elk habitat classified as winter range for both species and severe winter range for elk. Ultimately, CPW recommends that the subdivision continue to be limited to one dog per lot. B. County Surveyor — No comments have been received. -STA-PF COMMENTSjSSUES A. Wildlife Mitigation Measures Staff has completed research into the history of entitlements on the Ranch at Coulter Creek, particularly as related to wildlife. First, it is significant to understand that the property was purchased by the Aspen Valley Land Trust (AVLT) who then sold the property to Snowmass Land Company, later known as SLC -Laurence, LLC. AVLT solicited development proposals for a maximum of 26 residential lots and placed a conservation easement over the balance of the property. AVLT was the original Applicant for Preliminary Plan approval for the subdivision of the property. The Preliminary Plan and subsequent PUD application noted wildlife values associated with the area and ensured protection of the critical habitat areas by requiring restrictions on the number of dogs permitted, fencing permitted within the development, and timing regarding use of the conservation easement area. The development proposal was to cluster the residential units to protect wildlife corridors that allow for animal movement through the property. Together these restrictions were found to adequately mitigate the potential impact of the proposed development and adequately protect the existing wildlife values of the area. Application of the one dog rule in the subdivision currently permits a maximum of 27 dogs in the development, one per residential unit calculated by the 26 lots permitted one single family dwelling unit and the pre-existing ranch manager unit. The current request of three (3) dogs per lot would permit up to 81 dogs in the subdivision. Given the significant conservation and habitat qualities of the area, as well as concem by CPW regarding protection of wildlife from harassment of domestic animals in this area, it does not appear that the request to increase the number of dogs within the subdivision can be adequately mitigated by the restrictive measures proposed by the Applicant. Perry Will, Wildlife Manager of the Colorado Department of Parks and Wildlife, responded to the application proposal, Exhibit F, and revised letter included as Exhibit J, that CPW recommends that the County maintain the one dog requirement in this subdivision. 3IPagc Ranch at Coulter Creek Plat Amendment June 3, 2016 REVISED Staff provided the CPW comments to the Applicant and received several responses: the first an email that the Applicant sent to CPW, Exhibit G, citing their lack of acceptance of the mitigation measures included in Exhibit F. The Applicant then responded to Staff that the CPW-proposed restrictions were unacceptable, Exhibit H. Staff strongly recommended that the Applicant consult with CPW for their input and support before tendering this application. This recommendation was made during the Pre -application Conference held with the Applicant on September 18, 2015 when Staff informed the Applicant that the Staff would rely upon CPW's expertise on this issue and on the appropriateness of the request. The subdivision has been identified as having wildlife values that should be protected. The requested increase in the number of dogs permitted on the property would allow up to 54 additional dogs on the property that are not currently allowed today. Without adequate mitigation measures to protect the existing wildlife values Staff is not able to support the request. Mr. Moak, the Applicant's representative, has commented that each lot is currently permitted two (2) dogs as one dog is permitted per each "residential unit". This appears to be erroneous as the PUD zoning only permits by -right a single family residential unit on a lot, therefore the current plat note restriction is in fact stating that each lot is limited to one (1) dog. B. Staff Comment Letter Staff has reviewed the proposed amended plat for the Ranch at Coulter Creek and has provided the Applicant with comments related to revisions that would need to occur should the application be approved. This letter is attached as Exhibit J and should be considered as conditions of approval if the application is approved. These comments include: 1. The Applicant has proposed, and Staff initially accepted, a proposal to allow 26 lot owners and multiple lienholders of all lots in the Ranch at Coulter Creek Subdivision affected by the proposed amended plat to sign individual Certificates of Dedication and Ownership and Lienholder Certificates rather than literally having dozens of entities signing the mylar, as required in all other instances of plat approval. This would require that the Certificate of Dedication and Ownership and Lienholders Certificates be amended to adequately reflect the owners and lienholder consent occurring through a different recorded instrument. 2. The Certificate of Taxes Paid, required to certify that all taxes due and payable on properties contained in the plat, was omitted and is required to be located on the plat. The Treasurer is required to sign this certificate prior to Board approval. 3. Aspen Valley Land Trust is an easement holder on the property and as such are required to sign the plat. An Easement Holder Certificate is required to be added to the plat. 41Pa�e Ranch at Coulter Creek Plat Amendment June 3, 2016 REVISED IV. SUGGESTED FIND111 SAfVD�R GON! DATION Staff recommends that the Director of Community Development deny the requested plat amendment based upon the following findings: Suggested Findings: 1. That proper public notice was provided as required for the Director's Decision. 2. Consideration of the Application was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were given an opportunity to provide input prior to the Director's decision. 3. That the application has not met the requirements of the Garfield County Land Use and Development Code, as amended. 4. That the application is not in compliance with the Preliminary Plan requirements for the subdivision with regard to mitigation measures for wildlife. Wage Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. dMy application required written/mailed notice to adjacent property owners and mineral owners. Malied notice was completed on the .3r4, day of MI. , 2016. / J All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] ■ Please attach proof of certified, return receipt requested mailed notice. 0 My application required Published notice. Notice was published on the day of , 2016. • Please attach proof of publication in the Rifle Citizen Telegram. ❑ My application required Posting of Notice. Notice was posted on the day of , 2016. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: o.r 5. Moo'k Signature: Date: AW1C19%A•t- CDI.I p Cree k /44 .S. Postal Service' .ERTIFIED MAIL RECEIPT .rricstic Mail Only CERTIFIED E\IAIL'' RECEIPT Dor•,lesfic Malt Only Efnr del [Very IrlreirlPrltianvisit our 1A:1701Eu at [VI2W risps.l:[1i11 L USE C''�°' F'" $3.30 pRaanFtar mFpdwvh $ aFrrw Pro$01,44$0+14 • O Card Ike fraeatotad Defrori pne. 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SCO flavar54 Tor Ir7nlruC0451,i COLORADO Parks and Wildlife Department of Natural Resources Glenwood Springs Area Office 0088 Wildlife Way Glenwood Springs, Co 81601 May 17, 2016 Kathy Eastley Senior Planner Garfield County Community Development 101 Bth Street Suite 401 Glenwood Springs, CO 81601 RE: FPAA-02-16-8425 Ranch at Coulter Creek Referral Dear Ms. Eastley, Colorado Parks and Wildlife (CPW) has reviewed the proposed plat amendment for the Ranch at Coulter Creek subdivision located off of County Road 115, Carbondale, Colorado. The proposed amendment requests that the number of dogs allowed per parcel be increased from one to three. CPW staff has spoken with Aspen Valley Land Trust who holds the conservation easement on the property. The purpose of the conservation easement is for the protection of wildlife and wildlife habitat. The Ranch at Coulter Creek lies within critical mule deer and elk habitat and is classified as winter range for both species and severe winter range for elk. Both species have been observed by CPW staff using the property. Primary use for elk is during the winter months. Mule deer utilize the property year-round but use and numbers peak during the fall and winter months. Dogs can impact wildlife through direct contact and through indirect harassment. State law prohibits dogs from harassing wildlife. It is recommended that an increase in the number of dogs on individual private parcels be granted with strict rules in place to protect wildlife. Dogs should be fenced in or leashed at all times to prevent chasing wildlife moving through the property. Dogs should be prohibited from areas protected by conservation easements. Colorado Parks and Wildlife appreciates the opportunity to submit comments for this project. If there are any questions or needs for additional information don't hesitate to contact Land Use Specialist, Taylor Elm at (970) 947-2971 or District Wildlife Manager, Matt Yamashita at (970) 947-2931. Bob D. &nsduld, Dimmer. Waldo Parks and WOdlfe • Parks and Wlldlfe Carrsnaslon: Robert W. Bray. Chair Chris Castilian, Vice Chair • Jeanne Hone, Searetary • .loin Howard, Jr. • 111 Kane • Dale Plrel • James Prllr l • Janis Vigil Dean Wingfield • Mkfielle Braverman . Alex 21pp Sincerely, Perry W , Area Wildlife Manager Cc. Matt Yamashita, District Wildlife Manager Taylor Elm, Land Use Specialist File Kath A. Eastle From: Carl Moak <carl@summitcanyon.com> Sent: Tuesday, May 24, 2016 4:50 PM To: perry.will@state.co.us Cc: matt.yamashita@state.co.us; Kathy A. Eastley; dave@avlt.org Subject: Ranch at Coulter Creek Plat Amendment Application Perry, I left both you and Matt Yamashita phone messages. I spoke to Matt more than six months ago concerning this plat amendment application to change the number of dogs allowed to 3 per parcel. He supported this change, but asked that we revise our Covenants to extend the prohibition on dogs in the Conservation Easement to winter and spring instead of just spring to protect newborn fawns. We agreed to this change and submitted our application reflecting this change to Garfield County. The Aspen Valley Land Trust, who holds the Conservation Easement, also wrote a letter supporting the change. For the record, there is no mention of dogs in the Deed of Conservation Easement. Your letter of May 17, 2016 in response to our application goes much further than the restrictions proposed by Mr. Yamashita and proposes a total prohibition on dogs in the Conservation Easement. Your proposal means I wouldn't be able to walk my dog on leash on the hiking trails in the Conservation Easement in July, even if my dog was completely under my control and not harassing wildlife directly or indirectly. I am not familiar with all of the law, but I don't believe that the CPW can restrict dogs on private property which are not harassing wildlife. In any case, the Ranch at Coulter Creek Homeowners cannot accept your proposed change as it is counter to the lifestyle that attracted them to the Ranch in the first place. I request that you revise your letter to align with request that Mr. Yamashita made, which the HOA has already agreed to. Thanks, Carl Carl Moak earl @surnmitcanyon.com Summit Canyon Mountaineering 307 8th St. Glenwood Springs, CO 81601 Phone: 970-945-6994 Fax: 970-945-7586 1 Kathy A. Eastley From: Carl Moak <carl@summitcanyon.com> Sent: Tuesday, May 24, 2016 4:54 PM To: Kathy A. Eastley Cc: R Noone; Carl Moak; Mark Beckler•, Kelly Cave Subject Re: Ranch at Coulter Creek Plat Amendment Kathy, The HOA cannot and will not agree to the change proposed by the DPW. Their position is that I could not take my dog on a leash for a walk on private property owned by me and the other Owners. See my email to Perry Will. If the DPW does not revise their letter and the Director denies our application for that reason, the HOA will appeal the decision to the Commissioners. Thanks, Carl Carl Moak carl @sumnitcanyon.com Summit Canyon Mountaineering 3078th St. Glenwood Springs, CO 81601 Phone: 970-945-6994 Fax: 970-945-7586 June 3, 2016 Garfield County Community Development 108 8tb Street, Suite 401, Glenwood Springs, CO 81601 Office: 970-945-8212 Fax: 970-384-3470 Carl Moak 1082 Cattle Creek Ridge Road Carbondale, CO 81623 carlajsummitcanyon.corn RE: Plat Comments — Ranch at Coulter Creek Garfield County File Number FPAA-02-16-8425 Dear Mr. Moak; Garfield County has reviewed the proposed amended plat for the Ranch at Coulter Creek and has the following comments regarding changes that will be required to the plat if your application is approved: 1. The incorrect Certificate of Dedication and Ownership was utilized on the plat, the correct Certificate will start with "Based upon the review and recommendation of the Director of Community Development..."; 2. Certificate language for the Certificate of Dedication and Ownership and the Lienholders Certificate will need to be proposed by the Applicant, based upon the allowance to record individual owner Certificates. The proposed language will be reviewed by Planning and the County Attorney's Office to determine its sufficiency and should include a list of all the properties by legal description with names of the owners in the Certificate of Dedication and Ownership and the legal description with names of lienholders in the Lienholder Certificate. 3. The Certificate of Taxes Paid has been omitted, please add it to the plat. 4. A Plat note must appear on the plat restricting the number of dogs per homesite. The current request is up to three (3) dogs may be permitted per lot. This would require amending the plat note rather than replacing it. This would also require amending the purpose statement currently on the plat to reflect the amendment to the plat note rather than its removal. 5. Aspen Valley Land Trust is an easement holder on the property. Please add an Easement Holder Certificate so that AVLT can sign the plat. 11 Page Ranch at Coulter Creek May 23, 2016 6. We are awaiting final comments from Colorado Parks and Wildlife regarding the request. Their comments will be incorporated into the decision-making process once they have been considered. This may result in a requirement for additional plat notes or other language requirements. These changes will be included as conditions if the request is approved. If the application is approved staff would appreciate the ability to review the revised plat, based upon the above requirements, prior to creation of the mylar so that we can assure that all necessary changes have been made. Feel free to contact me with any questions. Sincerely, Kathy Eastley, AICP CC: File Kelly Cave, Assistant County Attorney 21 Page 6/3/2016 COLORADO Parks and Wildlife Department of Natural Resources Glenwood Springs Area office 0088 Wildlife Way Glenwood Springs, Co 81601 Kathy Eastley Senior Planner Garfield County Community Development 101 B'h Street Suite 401 Glenwood Springs, CO 81601 RE: FPAA-02-16-B425 Ranch at Coulter Creek Referral Dear Ms. Eastley, EXHIBIT IJ Colorado Parks and Wildlife (CPW) has reviewed the proposed plat amendment for the Ranch at Coulter Creek subdivision located off of County Road 115, Carbondale, Colorado. The proposed amendment requests that the number of dogs allowed per parcel be increased from one to three. Dogs can impact wildlife through direct contact and through indirect harassment. State law prohibits dogs from harassing wildlife. Local conflicts regarding dogs chasing big game have increased especially during winter and spring months when wildlife are most susceptible to impacts from harassment. CPW staff has spoken with Aspen Valley Land Trust who holds the conservation easement on the property. The purpose of the conservation easement is for the protection of wildlife and wildlife habitat. The Ranch at Coulter Creek lies within critical mule deer and elk habitat and is classified as winter range for both species and severe winter range for elk. Both species have been observed by CPW staff using the property. Primary use for elk is during the winter months. Mule deer utilize the property year round but use and numbers peak during the fall and winter months. CPW staff has spoken with the county planning department and referenced historical documents regarding the initial development of the subdivision. Initial comments supplied by the Division of Wildlife in 2002 reflect the potential impacts dogs can directly and indirectly have on wildlife. The 2002 comment letter recommended a winter restriction on dogs on the property and the adjacent BLM land and a limitation of one dog per home site. CPW still recognizes the importance of the property to wildlife and continues to recommend that home sites be limited to one dog. Further CPW recommends a Bob D. Brosefrefd, Director, Colorado Parks and Wildlife • Paris and WWeddlfe Carsn[xdar: Robert W. Bray, that Chris CastNlan, Ufa. Maks Jeanne Home, Smetary • John Howard, X • B9J Kane • Dale Piz( • James PrW • Jamul/1g Dean Wingfield • Mldreile ZinnKrman • Aloc 2f1P prohibition of dogs on open space areas from December 1 through April 15 to protect wintering wildlife. Colorado Parks and Wildlife appreciates the opportunity to submit comments for this project. If there are any questions or needs for additional information don't hesitate to contact Land Use Specialist, Taylor Elm at (970) 947-2971 or District Wildlife Manager, Matt Yamashita at (970) 947-2931. Sincerely, /if. ----- Pe Will rea Wildlife Manager Cc. Matt Yamashita, District Wildlife Manager Taylor Elm, Land Use Specialist File STATE OF COLORADO Sill Owens, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Ruud George, Director 6090 Broadway Deaver, Colorado B0216 Te ophone: (3a3) 297-t162 Tamara Pregl Garfield County Planning Department 108 8eh Street, Suite 201 Glenwood Springs, CO 81601 RE: Ranch at Conker Creek:Sketch Plan Dear Ms. Pregl, For Wildlife - For People ldlife- ForPeople Rect Nov t 2002 " alib1� d pco�N7y I have reviewed the sketch plan for the Ranch at Coulter Creek and would like submit a few comments. I have met with Dawn Keating, Wildlife Consultant, previous to this application to review the wildlife concerns. I would like to reiterate some of the points. • Keep fencing to a minirnwn and follow the CDOW fencing recommendations. If any hay will be stored on site, I would recommend a stack yard be constructed to keep wildlife out. • The open space and adjacent BLM land be closed to dog use during the winter and dogs must always be on leash outside of housing footprint. Lint the number of dogs allowed for each home site to one dog. Lf they have outside kennels, it should include a closed in roof to keep mountain lions from predating on pets. During construction, contractors should not be allowed to have dogs on site. • Cats should be kept indoors at all times. Cats are a major predator to small rodents and birds. • CDOW will not be liable for damage to landscaping from wildlife. Bear -proof dumpsters or trash bins should be provided by the homeowners. I would also suggest trash compactors for each household to reduce the amount ofwaste. • Hunting should not be prohibited. As long as it can be done in a safe manner, this could be a necessary tool for wildlife management. The adjacent BLM land is a popular hunting area and the homeowners should be aware that this is a legal hunting area. If you have any questions, feel free to call me at 963-6523. DEPARTMENT OF NATURAL RESOURCES, Greg E. Welcher, 6aeculh a Director WILDUFE COMMISSION, Rick Enetrom. Chair • Robert Shoemaker 1ce•ChEir • Mariann Moporlos, Secretary Kath A. Eastle EXHIBIT Prone: Carl Moak <carl@summitcanyon.com> Sent: Monday, June 06, 2016 9:18 AM To: Kathy A. Eastley Subject: Re: Ranch at Coulter Creek Final Plat Amendment Attachments: Ranch at Coulter Creek Director Decision and staff report.pdf Kathy, The HOA would like to call this decision up for review by the Board of County Commissioners. Thanks, Carl Carl Moak carl@summiteanyon.com Summit Canyon Mountaineering 307 8th St. Glenwood Springs, CO 81601 Phone: 970-945-6994 Fax: 970-945-7586 BOCC Reconsideration of Director Decision 7/18/16 Ranch at Coulter Creek Final Plat Amendment KE STAFF MEMO REQUEST Reconsider a Director Decision to deny a Final Plat Amendment PROPERTY OWNERS Ranch at Coulter Creek Homeowner's Association; Southern PUMA, LLC; Tom and Suzanne Rice; SLC -Laurence, LLC; OMO Trust; David C. Carswell Trust; Kestral Point; LLC, Ellen and Ian McPhail; Albert and Sheila Antoine; L&R Development; Jan Silferskold and Melissa McPherron; and Carl and Kathy Moak REPRESENTATIVE Carl Moak, Ranch at Coulter Creek Homeowner's Association LOCATION Just north of the intersection of CR 113 and CR 100 in Missouri Heights SUBDIVISION INFORMATION: 479.05 -acres, 26 single-family lots ACCESS County Road 115 EXISTING ZONING Planned Unit Development DIRECTOR DECISION Denial 1. GENERAL INFORMATION On June 27, 2016 the Board of County Commissioners (the Board) set a public hearing for reconsideration of a Director Decision, issued on June 3, 2016 to deny an amendment to remove restrictions related to the number of dogs permitted in the subdivision. The Applicant's representative, Carl Moak, requested the Board reconsider the decision, Exhibit 6. The options available to the Board are to uphold the decision, overturn the decision or modify the decision based upon the same review criteria under which the original application was processed. II. COMPLIANCE WITH AMENDED PLAT CRITERIA Section 5-305 of the 2013 Land Use and Development Code, as amended contains the requirements a Final Plat Amendment. The review criteria include: 5-305 C. Review Criteria An application for an Amended Final Plat shall meet the following criteria: 1. Does not increase the number of Tots; and 2. Does not result in a major relocation of a road or add any new roads; or 3. Will correct technical errors such as surveying or drafting errors. 1 t _m x W BOCC Reconsideration of Director Decision 7/18/16 Ranch at Coulter Creek Final Plat Amendment KE A final plat cannot be amended so that it is inconsistent with the Preliminary Plan approvals granted. Both Colorado Parks and Wildlife and the Aspen Valley Land Trust are opposed to the application as submitted, Exhibits 5F, 5J and 10. Additional criteria that must be considered in this request include the compliance with the Preliminary Plan for the Ranch at Coulter Creek, as well as compliance of the request with the PUD. Compliance with Final Plat — A final plat is required to be consistent with the Preliminary Plan. The plat note was a direct result of an attempt to mitigation impacts of the development to the wildlife. Removal of the plat note is inconsistent with the Preliminary Plan. Compliance with Planned Unit Development — The restriction with regard to dogs on the property was a mitigation measure for the protection of wildlife. The Applicant offers no alternative regarding protection of wildlife except for some language in the covenants. The County cannot enforce the subdivision covenants to assure that adequate controls are in place. I11. FINDINGS Staff provides finding for a Board decision to uphold the Director Decision. Should the Board determine to modify or deny the decision the findings will need to be amended accordingly. 1. That proper public notice was provided as required for the public hearing before the Board of County Commissioners. 2. That the review was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties had the opportunity to comment on the application. 3. That for the above stated and other reasons the proposed request to remove restrictions related to dogs in the subdivision is not in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application did not demonstrate that the proposed final plat amendment is compliant with the requirements of the 2013 Land Use and Development Code, as amended, specifically that the request to amend the final plat was contrary to the Preliminary Plan conditions and approval granted by the Board of County Commissioners. 5. That the application is not in general conformance with the Garfield County Comprehensive Plan 2030, as amended, particularly the sections 5 and 8 regarding protection of wildlife. IV. BOCC DELIBERATION AND DECISION Options for the Board include: 1. Uphold the Director Decision to deny the request to remove restrictions related to the number of dogs within the community; 2. Modify the Director Decision; 3. Reverse the Director Decision and approve the proposed amendment to the Final Plat. 2 Kathy A. Eastley From: Kathy A. Eastley Sent: Monday, June 06, 2016 2:07 PM To: 'Carl Moak' Subject: RE: Ranch at Coulter Creek Final Plat Amendment 1 EXHIBIT 5 Carl, The 2013 Land Use and Development Code defines accessory dwelling unit as: Dwelling Unit, Accessory. A dwelling unit considered secondary to a primary dwelling unit for use as a complete independent living facility on the same parcel as a permitted principal use and that meets dimensional and other requirements applicable to the principal use, which may be attached to the primary dwelling. Accessory Dwelling Units are not permitted in the Ranch at Coulter Creek as a use -by -right. To -date only one permit has been issued by the County to permit an ADU — it was on Lot 2. Therefore your statement that each lot is permitted 2 dogs is not accurate. Each lot is permitted 2 dogs only if the county permits accessory dwelling unit on the lot — this requires a lot owner to submit an application compliant with the standards of the land use code. If you would like to further discuss the entitlements of the Ranch at Coulter Creek, or better understand the Director decision on your application, please feel free to contact me to set-up a meeting. Thank you. Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastleyc garfield-county,com From: Carl Moak [mailto:carl@summitcanyon.com] Sent: Monday, June 06, 2016 2:01 PM To: Kathy A. Eastley <keastley@garfield-county.com> Cc: Tamra Allen <tallen@garfield-county.com> Subject: Re: Ranch at Coulter Creek Final Plat Amendment An accessory dwelling unit is not a residential unit? Where does it say that in the code? Thanks, Carl Carl Moak carl@summitcanvon.com Summit Canyon Mountaineering 307 8th St. 1 Glenwood Springs, CO 81601 Phone: 970-945-6994 Fax: 970-945-7586 On Jun 6, 2016, at 1:56 PM, Kathy A. Eastley wrote: Carl, I'm not sure I understand your question. The subdivision is approved for 26 lots with 26 single single family homes based upon the PUD Guide for the Ranch at Coulter Creek. That computes to 26 dogs, one per single family home or 'residential unit'. The Ranch at Coulter Creek has the ability to apply for an accessory dwelling unit, but no approvals currently exist to permit 2 residential units per lot. I hope that answers the question. Let me know if you need a copy of the PUD Guide that clearly states these entitlements. Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keast I ey®garf i eld-county.com From: Carl Moak [mailto:carl@summitcanyon.com] Sent: Monday, June 06, 2016 1:53 PM To: Kathy A. Eastley <keastlev Barfield-countv.com> Cc: Tamra Allen <tallen@Barfield-countv.com> Subject: Re: Ranch at Coulter Creek Final Plat Amendment What is the meaning of "residential unit"? Thanks, Carl Carl Moak earl@summitcanyon.com Summit Canyon Mountaineering 307 8th St. Glenwood Springs, CO 81601 2 Phone: 970-945-6994 Fax: 970-945-7586 On Jun 6, 2016, at 1:44 PM, Kathy A. Eastley wrote: Carl, Thank you for your comments. Staff disagrees with your statement that two dogs are currently permitted per lot in the Ranch at Coulter Creek. The PUD zoning is specific that the uses by right in the PUD are to allow one single family home per lot. An accessory dwelling unit may be permitted upon submittal, review and compliance with County land use standards as specified in the Ranch at Coulter Creek PUD Guidelines. Therefore the note on the final plat essentially allows one dog per lot as one homesite is permitted per lot. Based upon the proposed language contained in the Protective Covenants it would appear that "The Owner of each Lot shall be entitled to keep a maximum of three (3) mature dogs...". So this in fact a request to allow two additional dogs per homesite (i.e. lot) which is currently permitted one dog. Based upon this discussion I have clarified the current development entitlements and further discuss the application request based upon those entitlement. I have updated and revised the staff report to more clearly state this issue. I forwarded the revised staff report to you as well as to the Board of County Commissioners. Please let me know if you have further questions. Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley®garfield-county.com From: Carl Moak [mailto:carl@summitcanyon.comj Sent: Monday, June 06, 2016 9:39 AM To: Kathy A. Eastley <keastley@garfield-county.com> Cc: Tamra Allen <tallen@garField-county.com> Subject: Re: Ranch at Coulter Creek Final Plat Amendment Kathy, 3 I would also point out that the original plat note concerning dogs says that one dog is allowed "per residential unit". Since the PUD has approval for one ADU per Lot, that means the original plat allows two dogs per Lot. While our application sound like a tripling of the allowance, from one to three, it's actually only from two to three per Lot. Thanks, Carl Carl Moak Carl Cry summitcanyon.com Summit Canyon Mountaineering 307 8th St. Glenwood Springs, CO 81601 Phone: 970-945-6994 Fax: 970-945-7586 On Jun 6, 2016, at 8:10 AM, Kathy A. Eastley wrote: Good morning Carl, Attached is the Director Decision letter and staff report issuing a denial of the request to remove the "one dog" plat note restriction within the Ranch at Coulter Creek Subdivision. The reason for the denial is clearly laid out in the staff report. As you are aware, a copy of this decision will be forwarded to the Board of County Commissioners for review. There is a 10 -day period in which a call-up to public hearing may be requested - by the Board, the Applicant or any interested party. Feel free to contact me with any questions. Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 4 keast ley@aarf i e1d-caunrty.com 5 Ranch at Coulter Creek Homeowners Association I. June 23, 2016 Garfield County Board of County Commissioners Dear Commissioners: EXHIBIT The Ranch at Coulter Creek ("RCC") Homeowners Association ('`HOA") and the owners of property at the Ranch at Coulter Creek PUD submitted an application to revise the plat for the PUD to remove the plat note that limits the number of dogs within the subdivision. The RCC is a 479 acre subdivision with 26 lots in Missouri Heights. Approximately 300 acres of the RCC are open space, which is under a Deed of Conservation Easement with the Aspen Valley Land Trust ("AVLT"). There are currently four houses constructed in the RCC and there is a grand total of two dogs in residence. The original plat for the PUD contains a note saying that only one dog is allowed per "residential unit". Since all of the lots in the PUD could potentially have ADU's, there could potentially be two dogs allowed per lot using the original plat. The County staff report is incorrect in stating that only 1 dog is permitted per Lot (See attached email chain). The HOA and the owners have agreed to a reasonable limit of three dogs per lot, not per residential unit, and our plat amendment application has been submitted reflecting this change. The HOA and the owners in RCC have received input from potential buyers and realtors communicating their concern that the restriction on dogs was turning off potential buyers. The current owners have all also asked that this restriction be lifted. The very first thing that I did at the start of the process to revise the plat was to call the Garfield County Community Development Department to ask if such a restriction was a normal provision for PUD plats. I was told by Kathy Eastley: "We don't do that anymore." Had she told me that this a standard provision in all rural subdivisions, I don't think that the HOA would have gone to the time and expense to submit a plat amendment application. Kathy also advised me to get in contact with the Colorado Department of Parks & Wildlife ("DPW"). I spoke to Matt Yamashita, the local game warden, who supported the plat amendment and asked that we prohibit dogs in the open space in the spring as well. The RCC Covenants already prohibit dogs from the open space in the winter. The RCC owners were amenable to this change. I also spoke to Connor Coleman with the AVLT, who expressed support for the plat amendment and subsequently wrote a letter supporting the amendment which was submitted along with our application. It is also noteworthy that the Deed of Conservation easement contains no language concerning dogs. The Deed does contain language supporting recreational activities, such as hiking on the trails in the open space. Hiking with our dog(s) on our own private property is an activity which the owners cherish. After the County solicited comments on our application, the DPW submitted a letter signed by Perry Will supporting the plat amendment, but recommending that dogs be prohibited entirely from the open space. This stipulation is completely unacceptable to the RCC HOA and owners. The HOA covenants already contain rules that state that an owner must have their dog confined on their property or on a leash and under their control at all times. The letter cited the conservation easement with AVLT as one of the reasons for prohibiting dogs in the open space. but the AVLT wrote a letter (following) supporting the plat amendment with no such prohibition. The letter also states that the RCC contains critical winter range for elk and mule deer, but dogs are already prohibited from the open space in the winter. It is mystifying why critical winter range considerations should prohibit dogs from the open space for the entire year. Upon receipt of the DPW comments, the HOA protested to the DPW and we subsequently received a copy of a new letter signed by Perry Will and sent to the County recommending that we make no changes to the plat at all. This is actually the third different opinion on this subject. It again cited the conservation easement and the critical winter range issues but provided no reasoning for the change of opinions. We were told that a DPW manager in Grand Junction got involved and overruled the local managers. The RCC HOA and its owners respect and revere wildlife. A key factor that attracted us to this beautiful place is the chance to be closer to nature. Our fondest wish is that elk and mule deer use our property as they please, but it is our property, conservation easement or no. Since construction started at the RCC, the large elk herd that used to stay for extended periods no longer does so. It is now typical for smaller herds to spend only a few nights per year there. This change has nothing to do with dogs. So, it appears that what the DPW judged to be critical winter range over a decade ago is no longer so. Regardless, our strict rules do not allow for anyone or any animal to harass wildlife. If this was a property with no PUD, the DPW would have no jurisdiction to regulate dogs if there was no impact on wildlife. We strongly urge you to reconsider the County Staff decision regarding our plat amendment application. Sincerely, C1 Carl F. Moak President Ranch at Coulter Creek Homeowners Association From: Carl Moak <carl@summitcanyon.com> Subject: Re: Ranch at Coulter Creek Final Plat Amendment Date: June 7, 2016 10:36:57 AM MDT To: Kathy A. Eastley <keastley@garfield-county.com> Cc: Tamra Allen <tallen@garfield-county.com> Kathy, That just another way of saying that there could be two dogs per Lot under the existing rules. Please confirm my request to call up this decision for review by the Board of County Commissioners. Is there some paperwork I need to complete to make this happen or to prepare for the hearing? Thanks, Carl Carl Moak curl a suiniii itcanyon.coni Summit Canyon Mountaineering 307 8th St. Glenwood Springs, CO 81601 Phone: 970-945-6994 Fax: 970-945-7586 On Jun 6, 2016, at 2:07 PM, Kathy A. Eastley wrote: Carl, The 2013 Land Use and Development Code defines accessory dwelling unit as: Dwelling tinit, Accessory. A dwelling unit considered secondary to a primary dwelling unit for use as a complete independent living facility on the same parcel as a permitted principal use and that meets dimensional and other requirements applicable to the principal use, which may be attached to the primary dwelling. Accessory Dwelling Units are not permitted in the Ranch at Coulter Creek as a use -by -right. To -date only one permit has been issued by the County to permit an ADU — it was on Lot 2. Therefore your statement that each lot is permitted 2 dogs is not accurate. Each lot is permitted 2 dogs only if the county permits accessory dwelling unit on the lot — this requires a lot owner to submit an application compliant with the standards of the land use code. If you would like to further discuss the entitlements of the Ranch at Coulter Creek, or better understand the Director decision on your application, please feel free to contact me to set-up a meeting. Thank you. Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley@garfield-county.com From: Carl Moak [mailto:carl@summitcanyon.com] Sent: Monday, June 06, 2016 2:01 PM To: Kathy A. Eastley <keastleyCcgarfield-county.com> Cc: Tamra Allen <tallenPgarfield-county.com> Subject: Re: Ranch at Coulter Creek Final Plat Amendment An accessory dwelling unit is not a residential unit? Where does it say that in the code? Thanks, Carl Carl Moak earl ,c sun inn if .anvon.Com Summit Canyon Mountaineering 307 8th St. Glenwood Springs, CO 81601 Phone: 970-945-6994 Fax: 970-945-7586 On Jun 6, 2016, at 1:56 PM, Kathy A. Eastley wrote: Carl, I'm not sure I understand your question. The subdivision is approved for 26 Tots with 26 single single family homes based upon the PUD Guide for the Ranch at Coulter Creek. That computes to 26 dogs, one per single family home or `residential unit'. The Ranch at Coulter Creek has the ability to apply for an accessory dwelling unit, but no approvals currently exist to permit 2 residential units per lot. 1 hope that answers the question. Let me know if you need a copy of the PUD Guide that clearly states these entitlements. Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley@garfield-county.com From: Carl Moak [mailto:carlPsummitcanyon.com] Sent: Monday, June 06, 2016 1:53 PM To: Kathy A. Eastley <keastley ]garfield-county.com> Cc: Tamra Allen <tallenCa7garfield-county.com> Subject: Re: Ranch at Coulter Creek Final Plat Amendment What is the meaning of "residential unit"? Thanks, Carl Carl Moak call a.suInmilcailvon.con1 Summit Canyon Mountaineering 307 8th St. Glenwood Springs, CO 81601 Phone: 970-945-6994 Fax: 970-945-7586 On Jun 6, 2016, at 1:44 PM, Kathy A. Eastley wrote: Carl, Thank you for your comments. Staff disagrees with your statement that two dogs are currently permitted per lot in the Ranch at Coulter Creek. The PUD zoning is specific that the uses by right in the PUD are to allow one single family home per lot. An accessory dwelling unit may be permitted upon submittal, review and compliance with County land use standards as specified in the Ranch at Coulter Creek PUD Guidelines. Therefore the note on the final plat essentially allows one dog per lot as one homesite is permitted per lot. Based upon the proposed language contained in the Protective Covenants it would appear that "The Owner of each Lot shall be entitled to keep a maximum of three (3) mature dogs...". So this in fact a request to allow two additional dogs per homesite (i.e. lot) which is currently permitted one dog. Based upon this discussion I have clarified the current development entitlements and further discuss the application request based upon those entitlement. have updated and revised the staff report to more clearly state this issue. I forwarded the revised staff report to you as well as to the Board of County Commissioners. Please let me know if you have further questions. Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley@garfteld-county.com From: Carl Moak[rnailto:carlPsummitcanyon.com] Sent: Monday, June 06, 2016 9:39 AM To: Kathy A. Eastley <keastley( garfield-county.com> Cc: Tamra Allen <tallenDgarfield-county.com> Subject: Re: Ranch at Coulter Creek Final Plat Amendment Kathy, I would also point out that the original plat note concerning dogs says that one dog is allowed "per residential unit". Since the PUD has approval for one ADU per Lot, that means the original plat allows two dogs per Lot. While our application sound like a tripling of the allowance, from one to three, it's actually only from two to three per Lot. Thanks, Carl Carl Moak cart' ;summitcanvon.com Summit Canyon Mountaineering 307 8th St. Glenwood Springs, CO 81601 Phone: 970-945-6994 Fax: 970-945-7586 On Jun 6, 2016, at 8:10 AM, Kathy A. Eastley wrote: Good morning Carl, Attached is the Director Decision letter and staff report issuing a denial of the request to remove the "one dog" plat note restriction within the Ranch at Coulter Creek Subdivision. The reason for the denial is clearly laid out in the staff report. As you are aware, a copy of this decision will be forwarded to the Board of County Commissioners for review. There is a 10 - day period in which a call-up to public hearing may be requested - by the Board, the Applicant or any interested party. Feel free to contact me with any questions. Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley@gcrf ield-courty.com Board of Director* Jim Cardamon. Preeldeht" " David Behaek Nat -President Gary Knaus seaetery Dan Brumbaugh Taeesrner Stave Carter' Jeanne Doremus Bill Kane Amy Daley Krick Fred Lodge Stiff Maras warn, Er.aAfve DWeclor Suartne Stets+ Assoc -tett Director - Connor P. Coleman Stewardship 6pedor Dewe i 1ckio n Project Manager MOEIA Sunless omceMeneeer Perman4ney preserving open lands for ogriwlkre, wlidlile hobild, scenic enjoyment and rear-vJ•3n In the greater Roaring Fork and Cobrodo River Voaeys October 7,2015 Ranch at Coulter Creek Attn: Carl Moak - HOA President' 11104 County Road 115 Carbondale, CO 81623 Re: Ranch at Coulter Creek dog allowance Carl: • In response to your inquiry as to the permitting of more than one dog per lot at the Ranch at Coulter Creek I have concluded the following: The deed of conservation -easement which encumbers the open space areas of the ranch (Garfield County reception #653777) does not impact the 26 F.U.D. tots, nor does the easement contain any direct reference to dogs. That being said, one of the primary purposes of the conservation easement is to safeguard wildlife habitat. AVIA' requests that appropriate parameters.are adopted by the HOA to ensure that dogs do not harass wildlife within the easement area. So long as the aforementioned request is met AVLT has no reason to object to the Ranch at Conker Creek's request to allow more than.one dog per lot. Sincerely, Connor -P. Coleman Stewardship Director Aspen Volley Land Tres! 320 Main Street • Suite 204'. Carbondale, Colorodo 81623 • 970.963 6440 phone • 970 963.8441 km www.avh.org Board of Directors Jim Cardamane President Fred Lodge Vice -President Gary Knaus Secretary • • Dan Brumbaugh Treasurer Jeanne Doremus Bill Kane Amy Daley Krick Matt Sturgeon Staff Suzanne Stephens Exeerdive Director Melissa Sumera Operations Director . Dave Erickson Stewardship Oliveto, Erin Quinn Conservation Director Valery Kelly Development Director is 011 ASPEN VALLEY LAND TRUST . • Saving the best ... to last July 8, 2016 Kathy Eastley Senior Planner Garfield County Community Development 101 8th Street Suite 401 Glenwood Springs, CO 81601 RE: Ranch at Coulter Creek Appeal Hearing Referral Dear Kathy, EXHIBIT The Aspen Valley Land Trust (AVLT) holds a conservation easement (CE) on the 301.489 acre • open space portion of the Ranch at Coulter Creek subdivision (recorded in Garfield County at reception 653777). The intent of this CE is to conserve wildlife habitat, including critical winter range for elk and deer, as well as other conservation values. The CE does not specifically address dogs, however, the CE is tied to the approval of the Ranch at Coulter Creek P.U.D. including the covenants. Within these covenants, the open space and adjacent BLM are closed to dogs during the winter months, one dog is permitted per lot, and any dog must be leashed and under full control of the owner on the open space. These measures were based on recommendations from Colorado Parks and Wildlife (CPW) (formerly the Division of Wildlife) to mitigate disturbance to mule deer, elk and other wildlife from the development. Within the permitted uses section of the CE, it states: "Passive, non -motorized, non-commercial uses, including but not limited to hiking, horseback riding, hunting, shooting and archery, fishing and cross-country skiing, all in accordance with standards intended to assure non- interference with the critical wildlife; and including development of new trails." AVLT, similar to local governments, looks to the expertise of CPW to help determine those standards. In a letter from AVLT submitted with the original application for this proposed change, it was stated that AVLT had no reason to object to the request to allow more than one dog per lot, as long as "appropriate parameters are adopted by the HOA to ensure that dogs do not harass wildlife within the easement area". Therefore, unless additional parameters are adopted by the HOA that are in line with CPW recommendations, AVLT cannot support this request for plat amendment as it could negatively affect the conservation values of the CE (i.e. a potential three- fold increase in domestic dogs within critical big game habitat). Sincerely, (M,ii .---- •Dave Erickson Stewardship Director Aspen Valley Land Trust, 320 Main Street, Suite 204, Carbondale, CO 81623 te1:970/963,8440 fax:970/963.8441 email: avlt@avlt.org www.avlt.org Kathy A. Eastley From: Dave Erickson <dave@avlt.org> Sent: Monday, July 11, 2016 10:46 AM To: Kathy A. Eastley Subject: RE: Signed AVLT Letter Kathy, EXHIBIT 1 11 I just spoke with Carl Moak. He said they have revised their HOA rules to extend the dog closure in the open space. He's sending me those revised rules. I plan on citing them in a revised letter to community development that states the HOA has met AVLTs original request, so we have no reason to object but still look to CPWs expertise on this matter. Thank you, Dave Erickson Stewardship Director ASPEN VALLEY LAND TRUST 320 Main Street, Suite 204 Carbondale, CO 81623 970.963.8440 AVLT.org Saving the best... to last. IWO From: Kathy A. Eastley [mailto:keastley@garfield-county.com] Sent: Friday, July 08, 2016 4:32 PM To: Dave Erickson <dave@avlt.org> Subject: RE: Signed AVLT Letter Thank you. Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley@garfield-county.com ield-county.cam 1 From: Dave Erickson [mailto:dave@avlt.org] Sent: Friday, July 08, 2016 3:33 PM To: Kathy A. Eastley <keastlev@garfield-countv.com> Subject: Signed AVLT Letter Hi Kathy, I realized that I forgot to sign the letter before scanning and sending to you. Attached is the signed letter that you can replace the other letter I sent. Thank you, Dave Erickson Stewardship Director ASPEN VALLEY LAND TRUST 320 Main Street, Suite 204 Carbondale, CO 81623 970.963.8440 AVLT.org Saving the best... to last. 2 Kath A. Eastle From: Carl Moak <carl@summitcanyon.com> Sent: Monday, July 11, 2016 11:08 AM To: Kathy A. Eastley Cc: Dave Erickson; Tamra Allen Subject: Re: Signed AVLT Letter Kathy, EXHIBIT 1 This is a problem you created by asking AVLT to send another letter only a week before the hearing, so you can figure out how to address it. We will not have the hearing without incorporating the revised comments. Thanks, Carl Carl Moak carl@sumrnitcanyon.com Summit Canyon Mountaineering 307 8th St. Glenwood Springs, CO 81601 Phone: 970-945-6994 Fax: 970-945-7586 On Jul 11, 2016, at 10:59 AM, Kathy A. Eastley wrote: Mr. Erickson, Thank you for working with the applicant on this issue, however there are timing issues with regard to proposed changes and scheduled hearing dates that are problematic. The existing application information has been forwarded to the Board of County Commissioners for the hearing next week. Staff is unaware of when those proposed changes may be submitted to our office and staff/CPW review of the proposed changes will not be possible prior to the hearing next Monday. will have to consult with Mr. Moak on how we proceed with the hearing as scheduled (without the new information), or if a continuance will be necessary to allow for staff and CPW time to receive and review the application changes before the Board makes an informed decision on the matter. From a timing perspective staff will not have adequate time between now and the scheduled hearing date to review application changes. When could we expect to receive this information? 1 Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley@aarfield-county.com From: Dave Erickson [mailto:dave@avlt.org] Sent: Monday, July 11, 2016 10:46 AM To: Kathy A. Eastley <keastlev@garfield-countv.com> Subject: RE: Signed AVLT Letter Kathy, I just spoke with Carl Moak. He said they have revised their HOA rules to extend the dog closure in the open space. He's sending me those revised rules. I plan on citing them in a revised letter to community development that states the HOA has met AVLTs original request, so we have no reason to object but still look to CPWs expertise on this matter. Thank you, Dave Erickson Stewardship Director ASPEN VALLEY LAND TRUST 320 Main Street, Suite 204 Carbondale, CO 81623 970.963.8440 AVLT.org Saving the best... to last. IIW From: Kathy A. Eastley[mailto:keastley@garfield-county.com] Sent: Friday, July 08, 2016 4:32 PM To: Dave Erickson <dave@avlt.org> Subject: RE: Signed AVLT Letter Thank you. 2 Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keast Iev@garf i eld-county.com From: Dave Erickson [maiito:dave@avlt.org] Sent: Friday, July 08, 2016 3:33 PM To: Kathy A. Eastley <keastleypa Barfield-county.corn> Subject: Signed AVLT Letter Hi Kathy, I realized that I forgot to sign the letter before scanning and sending to you. Attached is the signed letter that you can replace the other letter I sent. Thank you, Dave Erickson Stewardship Director ASPEN VALLEY LAND TRUST 320 Main Street, Suite 204 Carbondale, CO 81623 970.963.8440 AVLT.org Saving the best... to last. �0 3