TC Ord. No. 2010-19 Approving an amendment to the Chateau St.Claire planned united dev, Chateau St Claire Subdiv, removing the requirement prohibiting dogs on the propertyTOWN OF AVON, COLORADO
ORDINANCE 10 -19
SERIES of 2010
AN ORDINANCE APPROVING AN AMENDMENT TO THE CHATEAU ST. CLAIRE
PLANNED UNITED DEVELOPMENT, CHATEAU ST CLAIRE SUBDIVISION,
REMOVING THE REQUIREMENT PROHIBITING DOGS ON THE PROPERTY
WHEREAS, the Town of Avon approved a Planned Unit Development ( "PUD ")
Amendment, by Ordinance No. 98 -6, Amending the Chateau St. Claire PUD Development Plan
and Development Standards for Lots 1 and 2, Chateau St. Claire Subdivision;
WHEREAS, in response to a Wildlife Study performed by Western Ecosystems, Inc, dated
April 1, 1996, a condition of approval of Ordinance 98 -6 states that "Dogs shall not be permitted
on the property ";
WHEREAS, Brian Wilson, on behalf of CCS -Land, LLC with the permission of the
property owner, Timothy Burton of CSC Land, LLC, has applied for a PUD Amendment to
remove the requirement prohibiting dogs on the property, pursuant to Section 17.20.110 of the
Avon Municipal Code;
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing
on October 19, 2010, after posting notice as required by law, considered all comments,
testimony, evidence and staff reports provided by the Town staff, considered such information
prior to formulating a recommendation, then took action to adopt findings and make a
recommendation of approval to the Town Council;
WHEREAS, the Town Council of the Town of Avon held a public hearing on November
23`d, 2010, after posting notice as required by law, considered all comments, testimony, evidence
and staff reports provided by the Town staff prior to taking any action on the Chateau St. Claire
PUD amendment application;
WHEREAS, pursuant to Title 17.20.110(h) of the AMC, the Town Council has considered
the applicable review criteria;
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law and the AMC by setting a public hearing in order
to provide the public an opportunity to present testimony and evidence regarding the application
and that approval of this Ordinance on first reading does not constitute a representation that the
Town Council, or any member of the Town Council, supports, approves, rejects, or denies the
proposed zoning.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the following:
Ord No. 10 -19
SECTION 1. AMENDMENT TO CHATEAU ST. CLAIRE PUD. The Chateau St. Claire PUD,
Chateau St. Claire Subdivision, is hereby amended to remove the requirement prohibiting dogs
on the property.
SECTION 2. FINDINGS OF FACT. The Town Council makes the following findings of fact
with respect to this PUD Amendment application:
1. The property is not located in important wildlife habitat.
2. The complete prohibition of dogs on the property was not the intended outcome
of the Wildlife Biologist's April 1, 1996 wildlife assessment letter.
3. Enforcement of Title 6: Animals, Avon Municipal Code, will adequately address
"strict dog control" measures.
4. The PUD Review Criteria (Section 17.20.110 AMC) have been considered with
this amendment
SECTION 3. CORRECTION OF ERRORS. Town Staff is authorized to correct any typographical,
grammatical, cross - reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
SECTION 4. SEVERABILITY. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
SECTION 6. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Page 2 of 3
Ord No. 10 -19
SECTION 7. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance
by posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED: the 91h day of November, 2010, and a public hearing on this ordinance shall be held at
the regular meeting of the Town Council on the 23`d day of November, 2010, at 5:30 P.M. in the
Council Chambers, Avon Municipal Building, One e Street, Avon, lorado.
&..'ays.pfiof Ronald C. Wolfe, Mayor
Published by p ste public places in Town and posting at the office of the Town
Clerk at least se al action by the Town Council.
ATTEST: APPROVED AS TO FORM:
Patty cK y, Town Cler Eric e' , own Attorney
INT ED, FINALL ROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLIS D Y POSTING on the 23`d day of November, 2010.
�p�1vN .Fq�o2
S
Ronald C. Wolfe, Mayor
Published b ost n01 �b °. JAI, —enn at least three public laces in Town and posting b title at the
Y p g, p p p g Y
office of the Town Clerk.
Page 3 of 3
Ord No. 10 -19
a
P
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Memo
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
Approved by: Sally Vecchio, Asst Town Manager, Com Dev
From: Matt Pielsticker, Planner II
Date: November 18th, 2010
Re: SECOND READING — PUBLIC HEARING
Ordinance No. 10 -19, Series of 2010 Amending the Chateau St. Claire
PUD To Remove the Requirement Prohibiting Dogs on the Property.
Summary:
The contract owner (CCS -Land, LLC) of the property known as The Gates, has submitted an
application to amend the Chateau St. Claire Planned Unit Development (the "PUD ") to
remove the requirement that prohibits dogs on the property. Following a public hearing on
October 19, 2010, the Planning and Zoning Commission ( "PZC ") made a unanimous
recommendation for approval of the proposed amendment, with the following findings:
• 1. The property is not located in important wildlife habitat.
2. The complete prohibition of dogs on the property was not the intended outcome of
the Wildlife Biologist's April 1, 1996 wildlife assessment letter.
3. Enforcement of Title 8: Animals, Avon Municipal Code, will adequately address "strict
dog control" measures.
4. The PUD Review Criteria (Section 17.20. 110 AMC) have been considered with this
amendment."
The Council Approved the first reading of Ordinance 10 -19 at the November 9, 2010 regular
meeting.
Background:
As a condition of a 1998 amendment to the PUD, the Town Council prohibited dogs on the
property. The condition appears to have been added in response to an interpretation of
the1996 Wildlife Study that was prepared for the property by Western Ecosystems (See
Exhibit B). Specifically, the study recommended that "strict dog control measures" be
implemented on the property. The Colorado Department of Wildlife concurred with the
recommendations of the Wildlife Study.
In order to clarify the conclusions and recommendations from the Wildlife Study, Biologist,
Richard W. Thompson of Western Ecosystems, Inc. provided the Town with a letter dated
August 19, 2010, clarifying that a "dog prohibition" was not the intention of his 1996
assessment. The letter goes on to state that dog control measures that prohibit dogs from
running at large on the property would be sufficient control so that owners of the property
40 could have dogs without threatening wildlife in the surrounding area.
it
The Town's policies with regard to dog control are governed by Title 6 of the Avon Muncipal
Code: Animals. Pursuant to these regulations, it is the responsibility of dog owners to keep •
their pet under control, and to prevent their animal from:
1) Running at large;
2) Becoming a danger to persons or property;
3) Trespassing on the property of another; or
4) Becoming a public nuisance.
It is declared to be a public nuisance when a dog owner fails to pick up after his or her dog,
or fails to prevent his or her dog from disturbing the peace by barking, yelping, etc. A dog is
considered "Running at Large" when it enters the property of another person or when it
enters public property and is not under the control of the owner, either by leash, cable or
chain not more than ten (10) feet in length (Section 6.04.020).
In addition, Section 6.04.140,Threatening of Wildlife and Livestock, states: "it is
unlawful to allow a dog to run after, chase, pursue, bite, snap at, worry, attack or
otherwise threaten wildlife or livestock, or both. In the event any dog is found to be
threatening wildlife, said dog may immediately be destroyed at the discretion of any
police officer or the Community Services Officer." The provision goes on to state that
the pet may alternatively be impounded, and the owner will be convicted of a violation
and required to pay restitution after a mandatory court appearance.
Discussion:
If this proposed amendment to the PUD is approved, dogs will be permitted on the
property in accordance with the Town's animal control regulations described above.
Recommendation: •
Finding that a dog prohibition was not the intention of the 1996 Wildlife Study, and that the
Town's rules and regulations concerning the control of dogs on public and private property
are sufficient to address the recommendations of the Wildlife Study, Staff recommends that
the Council Approve Ordinance 10 -19 on Second Reading, approving the proposed
amendment to the Chateau St. Claire PUD to allow dogs on the property.
Town Manager Comments:
Exhibits:
A: Ordinance 10 -19
B: Wildlife Letters
• Page 2 November 23`d, 2010 Town Council Meeting
IF
• Exhibit A
TOWN OF AVON, COLORADO
ORDINANCE 10 -19
SERIES of 2010
AN ORDINANCE APPROVING AN AMENDMENT TO THE CHATEAU ST. CLAIRE
PLANNED UNITED DEVELOPMENT, CHATEAU ST CLAIRE SUBDIVISION,
REMOVING THE REQUIREMENT PROHIBITING DOGS ON THE PROPERTY
WHEREAS, the Town of Avon approved a Planned Unit Development ( "PUD ")
Amendment, by Ordinance No. 98 -6, Amending the Chateau St. Claire PUD Development Plan
and Development Standards for Lots 1 and 2, Chateau St. Claire Subdivision;
WHEREAS, in response to a Wildlife Study performed by Western Ecosystems, Inc, dated
April 1, 1996, a condition of approval of Ordinance 98 -6 states that "Dogs shall not be permitted
on the property ";
WHEREAS, Brian Wilson, on behalf of CCS -Land, LLC with the permission of the
property owner, Timothy Burton of CSC Land, LLC, has applied for a PUD Amendment to
remove the requirement prohibiting dogs on the property, pursuant to Section 17.20.110 of the
Avon Municipal Code;
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing
• on October 19, 2010, after posting notice as required by law, considered all comments,
testimony, evidence and staff reports provided by the Town staff, considered such information
prior to formulating a recommendation, then took action to adopt findings and make a
recommendation of approval to the Town Council;
WHEREAS, the Town Council of the Town of Avon held a public hearing on November
23`d, 2010, after posting notice as required by law, considered all comments, testimony, evidence
and staff reports provided by the Town staff prior to taking any action on the Chateau St. Claire
PUD amendment application;
WHEREAS, pursuant to Title 17.20.110(h) of the AMC, the Town Council has considered
the applicable review criteria;
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law and the AMC by setting a public hearing in order
to provide the public an opportunity to present testimony and evidence regarding the application
and that approval of this Ordinance on first reading does not constitute a representation that the
Town Council, or any member of the Town Council, supports, approves, rejects, or denies the
proposed zoning.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the following:
•
Ord No. 10 -19
SECTION 1. AMENDMENT TO CHATEAU ST. CLAIRE PUD. The Chateau St. Claire PUD, •
Chateau St. Claire Subdivision, is hereby amended to remove the requirement prohibiting dogs
on the property.
SECTION 2. FINDINGS OF FACT. The Town Council makes the following findings of fact
with respect to this PUD Amendment application:
1. The property is not located in important wildlife habitat.
2. The complete prohibition of dogs on the property was not the intended outcome
of the Wildlife Biologist's April 1, 1996 wildlife assessment letter.
3. Enforcement of Title 6: Animals, Avon Municipal Code, will adequately address
"strict dog control" measures.
4. The PUD Review Criteria (Section 17.20.110 AMC) have been considered with
this amendment
SECTION 3. CORRECTION OF ERRORS. Town Staff is authorized to correct any typographical,
grammatical, cross - reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
SECTION 4. SEVERABILITY. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared •
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
SECTION 6. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
SECTION 7. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance
by posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
Page 2 of 3 •
Ord No. 10 -19
•
•
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED: the 91h day of November, 2010, and a public hearing on this ordinance shall be held at
the regular meeting of the Town Council on the 23`d day of November, 2010, at 5:30 P.M. in the
Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado.
Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on the 23`d day of November, 2010.
Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
• Page 3 of 3
Ord No. 10 -19
............... _._..... .
som s ASSOC. EMCC 3t 5286266 Exhibit iB a
04 -01-96 06,34PM FROM WESTUN ECOSYSTEMS
Pestern Ecosystems, Sna
Ecological Consultants
go$ West C&Ich Road, 2oidl er, (3080,302 (303)442 -6144
April 1, 1996
Mr. Steve Isom
Isom & Associates
P.O. Box 9.
Eagle, CO 81631
Re: Wildlife assessment of the Chateau St. Claire development,
Dear Steve!
A proposal has been submitted to the Town of Avon (Town) to redevelop the Avon School
Tract and an adjacent tract to the west. Tha former tract contahm a home converted into
an office used by approximately six people. The adjacent tract contains two single family
residences and several non - inhabited wooden structures. The proposed Chateau St. Cltrire
development would consist of a restaurant and commercial space. Such a proposal requires
approval from the Town. Wildlife arc a resource of high public concern and redevelopment,
such as that proposed, must consider potential impacts to wildlife and their habitats.
Addressed below, at you request, is a wildlife assessment for the proposed redevelopment
site.
Current Colorado Division of Wildlife DO
( W) Wildlife Resource Information ;System
- _ (WRIS) maps were used to identify major wildlife issues on and surrounding the 'subject
property, A site survey was conducted on March 29, 1994 to evaluate habitats on and
surrounding the Avon School site, which was being rezoned, The survey also included the
entire portion of subject parcel that would be disturbed by redevelopment. Mr. Bill Andree
(CROW District Wildlife Manager) was contacted during the school site rezoning praoess
to obtain the State's concerns associated with the rezoning proposal. This assessment was
based on the above and systematic photographs of the development area taken during the
1994 survey.
:sOM & Assbu. EMCC 3v. 3286266 P. 03 ~n
04 -01 -96 06:45PM FROM JEST-" N ECOSYSTEMS P01
Mr. Steve Tsom
April 1, 1996
Page 2
STUDY AREA
The --t 6 acre subject parcel is located along the south side of U.S. Highway 6, approximately
50 yards east of the highway's Interseotiort with the Avon and Village Roads. The site occurs
at 7,520 feet, along a north - facing toe slope at the distal terminus of a steep ridga separating
the east side of the Beaver Creek Valley from the Eagle River, The Eagle River flows north
of Highway 6 and the channel of Beaver Creek occurs along the northwest flank of the
property.
The development site is relatively flat as a result of its prior development and use as a gravel
extraction site, school, residential and office site. Most native habitats in the vicinity of
existing structures were disturbed during initial excavation and there has been little
recolonization. The exception is a narrow riparian corridor flanking Beaver Creek,
dominated by medium -aged to mature narrowleaf cottonwoods and a few conifers.
Otherwise, the site is dominated by intraduccd cuItivars (primarily smooth brome and
crested wheatgrass) and weedy vegetation (including mullein, sweet clover, thistle, and
mustards),
Native vegetation south and east of the redevelopment area is a mountain shrub conunur ity,
dominated by sarviceberry, with rubber rabbitbrush, some snowberry, bitterbrush, and small
aspen clumps, and a relatively vigorous herbaceous understory containing carices, bluegrass,
timothy, smooth bronze, yarrow, and penstemon. YQllonla sp. (snail) shells are abundant on
the hillside and additionally characterize this community. This shrub community transitions
into a Douglas -fir/ Englemann spruce forest with increasing elevation on the ridge. These
native habitats would not be disturbed by the proposal.
WILDLIFE USE
Wildlife use of the property is limited by non - native vegetation, on -site human activity and
habitation, and the chronic activity associated with Highway 6 and its intersection with
Village and Avon Roads. Wildlife use of the development site is generally confined -10 a low
diversity of nongame species. A greater amount of wildlife use occurs along the Beaver
Creek riparian corridor (e.g., nesting magpies), along the crook per se, (e.g., fish, beaver),
and in the mountain shrub habitat to the south (critical elk habitat). However, the portion
of the site proposed for development is not particularly important habitat for any wildlife
species or group.
The development area does not overlap any wildlife habitats delineated on CDOW WRIS
maps (Sept. and Oct. 1995), However, the mountain shrub and other habitats above (south
and southeast) of the development area are niapped as elk winter range, winter
som & Assi:jc. EMCC 36 ,286266 P.0.4 +o.
04 -01 -96 06:45PM FROM WES " -'N ECOSYSTEMS P02
•
Mr. Steve Isom
April 1, 1996
Page 3
concentration area, severe winter range, and critical elk habitat. Mr. Bill Andree indicated
that these north - facing slopes, immediately south of the parcel, are used by elk primarily
during milder winters. March 29 surveys of this area located elk pellets deposited as low as
the shoulder of Highway 6 over the relatively mild 1993/94 winter. A, low number of deer
pellets, deposited in summer or fall 1993, were also located in this area. Growth forms of
serviceberry and bitterbrush shrubs (two key winter browse species) on this hillside suggest
only a light level of big game browsing. However, while elk pellets were fairly common in
this native community, no elk or deer pellets. were located on the proposed development
area, probably because of a lack of forage. Big game use on the adjacent hillside is
nocturnal, infrequent, and would be unaffected by the largely diurnal and indoor use that
is proposed.
While low .numbers of big game may seasonally contour across the hillside south of the
property during Ideal movements, the property and the adjacent hillside are outsido of any
migratory corridors and production areas.
There are no habitats of threatened, endangered, or candidate species on -site or in adjacent •
areas that the proposed rezoning and use of the school site would jeopardize.
Proposed use of the school site would not result in any water depletions or other effects to
the Eagle river, Beaver Creek, or their riparian =nununities.
CONCLUSIONS AND RECOMMENDATIONS
The Chateau St. Clair redevelopment site contains no particularly important wildlife habitat.
However, some sensitive wildlife habitats occur adjacent to the development, It. is my
understandifig that a minimum 30 foot setback botwoon Beaver Creek and the development
area would -be maintained. It is also recommended that all development avoid the
continuous Hparian corridor flanking Beaver Creek, composed of cottonwoods, spnire, and
lodgepole pine trees. To avoid impacts to big game winter range, development sh uld be
kept below the historic jeep trail at the toe o: the hillside. Strict dog control measures
should be implemented and enforced to avoid, wildlife harassment and mortality. Property
owners should prohibit the development of any; trails in the Beaver Creek riparian corridor
or extending into the mountain shrub habitat•'south of the development area.
With the above conditions, tho proposed development and subsequent use of the siteshould
not result in. any substantive change in the present type or level of wildlife use, As such,
there should be no adverse effects to wildlife or their habitats, on or adjacent to the site,
resulting from the proposal.
Isom & ASSOC. EMCC 3, 3286266 P.
04-01-96 06:45PM FROM WEST," 'N ECOSYSTEMS P03
Mr. Steve Isom
April 1, 1996
Page 4
s
Please call if you have any questions.
Sincerely,
Richard W Thompson
Certified Wildlife Biologist
Western Ecosystems, Inc.
RWT /s
STATE OF COLORADO
Roy Romer, Governor
DEPARTMENT OF NATURAL RESOURCES
DI 'VISION ISION ®F WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
n R
JUN 18 1996
Perry D. Olson, Director
606 Broadway COMMUNITY UEVELOPMEN'l
Denver, Colorado 80216
Telephone: (303) 297 -1192
June 19, 1996
Town of Avon
Community Development Department
ATTN: Karen Griffith
Box 975
Avon, CO. 81620
Dear Karen,
o�
REFER TO
Got'oR9,d •
N
OF
For Wildlife -
For People
The Colorado Division of Wildlife (CDOW) has reviewed the
annexation and PUD application for Chateau St. Claire and has the
following comments.
On 6/14/96 I spoke with Danny Brose at the site and asked him
about protecting the riparian area, especially the cottonwood
trees. Mr. Brose advised the trees would remain, but pruning was
needed to remove dead branches over the deck area for safety
reasons. Mr. Brose also stated he would like to sit down with the
CDOW to review the tree pruning so as to protect wildlife. No date
was set for this meeting at this time.
Since there are several differences between the submitted
application and recent discussions, the CDOW will comment on the
submitted application. If the application is revised the CDOW
comments and recommendations that no longer apply can be removed.
The CDOW is in agreement with the wildlife report prepared by
Rick Thompson. The CDOW also concurs with the conclusion and
recommendations in the wildlife report. It is the CDOW
understanding that the conclusions and recommendations contained in
the wildlife report will become conditions of the annexation and /or
PUD permit. If this is not the case please advise as this would
change the CDOW's recommendations.
There is a conflict in the protection of the 30 foot setback
in the wildlife report, the environmental impact report (EIR)
hydrologic conditions and the report by Precision Tree Works. The
wildlife report states there is an understanding that a minimum 30
foot setback between Beaver Creek and the development area would be
maintained. The EIR states the 30 foot setback area from the creek
will remain in its natural state.
•
DEPARTMENT OF NATURAL RESOURCES, James S. Lochhead, Executive Director •
WILDLIFE COMMISSION, Thomas M. Eve, Chairman • Louis F. Swift, Vice - Chairman . Arnold Salazar, Secretary
Jesse Langston Boyd, Jr., Member • Eldon W. Cooper, Member • Rebecca L. Frank, Member
William R. Negberg, Member • Mark LeValley, Member
• Chateau St. Claire
CDOW Andree
Page 2
June 19, 1996
These directly conflict with the report by Precision Tree
Works which recommends removing 19 Cottonwood trees and removal of
native vegetation to be replaced with sod to the stream edge.
During a site visit on 6/14/96 I was only able to located 10
of the trees scheduled for removal, other trees had tags but the
writing was washed off. Of these 10, 5 were located directly on
the bank of Beaver Creek, 3 were located within 25 feet of the
bank, and 2 were located within 30 feet of the bank. Removal of
these trees would have a negative impact on wildlife use of the
riparian area and would negatively impact the aquatic life in
Beaver Creek. Further removal of these trees would be in conflict
with the submitted EIR and wildlife report.
The wildlife report and EIR state there will be a 30 foot
setback between Beaver Creek and the development. While a 30 foot
setback provides some protection, protection of the riparian and
watershed values need additional measures. The current application
• shows removal of native riparian vegetation to be replaced with sod
right up to the stream edge.
In order to protect riparian and watershed values there should
be a native riparian buffer between riparian /watershed habitats and
development. Best Management Practices (BMP) in riparian buffer
areas should include: no soil disturbance; no vegetative
disturbance (other than minimal pruning of shrubs and weed
control); no lawn mowing or fertilization; no snow storage areas;
require storm water detention facilities on site before discharging
into waterways.
The application shows rip rap along Beaver Creek south of the
development but does not provide any discussion on the need or if
some is existing and repair is needed.
The CDOW has the following recommendations for the Chateau St.
Claire application.
1) Maintain a minimum of a 30 foot native riparian buffer
zone (stream setback) between development and Beaver
Creek that uses best management practices (see above).
2) Recommendations listed in Rick Thompson's wildlife report
become a part of the mitigation plan.
0 3) Do not remove the cottonwood trees within the riparian
buffer zone (30 foot stream setback).
Chateau St. Claire
CDOW Andree
Page 3
June 19, 1996
4) Pruning trees within the riparian buffer zone (30 foot
stream setback) is limited to dead limbs for safety
concerns or diseased limbs. Dead limbs that are not a
safety concern provide valuable wildlife habitat.
5) All trash cans and /or dumpsters be a proven bear proof
design.
6) Silt and sediment fences will be installed at the
boundary of development and the 30 foot stream setback.
Karen, the CDOW appreciates the opportunity to comments on
this project. Please contact me at 926 -4424 if you have any
further questions.
Sincerely,
Bill Andree
District Wildlife Manager -Vail
0
C,
•
•
•
•
Western Ecosystems, Inc.
Ecological Consultants
905 West Coach Road, Boulder, Colorado 80302
6144
August 19, 2010
(303) 442-
Sally Vecchio, Asst. Town Mgr./ Community Development Dir. Email transmittal
Town of Avon
One Lake Street
P.O. Box 975
Avon, Colorado 81620
(970) 748 -4009, svecchio @avon.org
RE: Dog Prohibition at The Gates Residences (formerly Chateau St. Claire) in Avon, CO
Dear Sally,
I write concerning my report entitled "Wildlife Assessment of the Chateau St. Claire Development"
dated April 1, 1996. It has come to my attention that my report may have been used to prohibit dogs
entirely from the property (PUD Ordinance 1998 -06). I offer this clarification because a dog
prohibition was not my intention.
The subject development is not located in important wildlife habitat, although the native habitat to the
south is important elk winter range. I mentioned dogs in only one sentence of my report: "Strict dog
control measures should be implemented and enforced to avoid wildlife harassment and mortality."
This is standard dog control language that I have used for dozens of similar development proposal
assessments in Eagle County. I never intended these "strict controls" to include the prohibition of
dogs from the property. Indeed, dating back to 1986,1 don't ever recall the Colorado Division of
Wildlife (CDOW) recommending that dogs be prohibited from residential developments in Eagle
County, including those located in important wildlife habitats where stray dogs would create conflicts
with wildlife. Instead, the planning jurisdiction, its representatives, the property owner, and the HOA
typically develop enforceable covenants so there are no stray dogs originating on the property.
Properly controlled dogs are not a threat to wildlife.
I believe that with the implementation and enforcement of dog control measures, owners of The Gates
Residences could have dogs without threatening wildlife in the surrounding area.
Thank you for your time. •
Please call me if you have any questions.
Sincerely,
Rick Thompson
Richard W. Thompson
Certified Wildlife Biologist
Western Ecosystems, Inc.
RWT /s
Cc: J. Schroder, Real Capital Solutions
•
•
P
•
Memo
To:
Honorable Mayor and Town Council Initials
Thru:
Larry Brooks, Town Manager
Legal Review:
Eric Heil, Town Attorney
Approved by:
Sally Vecchio, Asst Town Manager, Com Dev
From:
Matt Pielsticker, Planner II
Date:
November 3rd, 2010
Re:
Ordinance No. 10 -19, Series of 2010 Amending the Chateau St.
Claire PUD To Remove the Requirement Prohibiting Dogs on the
Property.
Summary:
The contract owner (CCS -Land, LLC) of the property known as The Gates, has submitted an
application to amend the Chateau St. Claire Planned Unit Development (the "PUD ") to
remove the requirement that prohibits dogs on the property. Following a public hearing on
October 19, 2010, the Planning and Zoning Commission ( "PZC ") made a unanimous
recommendation for approval of the proposed amendment, with the following findings:
• 1. The property is not located in important wildlife habitat.
2. The complete prohibition of dogs on the property was not the intended outcome of
the Wildlife Biologist's April 1, 1996 wildlife assessment letter.
3. Enforcement of Title 8: Animals, Avon Municipal Code, will adequately address "strict
dog control" measures.
4. The PUD Review Criteria (Section 17.20.110 AMC) have been considered with this
amendment. "
Background:
As a condition of a 1998 amendment to the PUD, the Town Council prohibited dogs on the
property. The condition appears to have been added in response to an interpretation of
the1996 Wildlife Study that was prepared for the property by Western Ecosystems (See
Exhibit B). Specifically, the study recommended that "strict dog control measures" be
implemented on the property. The Colorado Department of Wildlife concurred with the
recommendations of the Wildlife Study.
In order to clarify the conclusions and recommendations from the Wildlife Study, Biologist,
Richard W. Thompson of Western Ecosystems, Inc. provided the Town with a letter dated
August 19, 2010, clarifying that a "dog prohibition" was not the intention of his 1996
assessment. The letter goes on to state that dog control measures that prohibit dogs from
running at large on the property would be sufficient control so that owners of the property
could have dogs without threatening wildlife in the surrounding area.
E
0
The Town's policies with regard to dog control are governed by Title 6 of the Avon Muncipal
Code: Animals. Pursuant to these regulations, it is the responsibility of dog owners to keep •
their pet under control, and to prevent their animal from:
1) Running at large;
2) Becoming a danger to persons or property;
3) Trespassing on the property of another; or
4) Becoming a public nuisance.
It is declared to be a public nuisance when a dog owner fails to pick up after his or her dog,
or fails to prevent his or her dog from disturbing the peace by barking, yelping, etc. A dog is
considered "Running at Large" when it enters the property of another person or when it
enters public property and is not under the control of the owner, either by leash, cable or
chain not more than ten (10) feet in length (Section 6.04.020).
In addition, Section 6.04.140,Threatening of Wildlife and Livestock, states: "it is
unlawful to allow a dog to run after, chase, pursue, bite, snap at, worry, attack or
otherwise threaten wildlife or livestock, or both. In the event any dog is found to be
threatening wildlife, said dog may immediately be destroyed at the discretion of any
police officer or the Community Services Officer." The provision goes on to state that
the pet may alternatively be impounded, and the owner will be convicted of a violation
and required to pay restitution after a mandatory court appearance.
Discussion:
If this proposed amendment to the PUD is approved, dogs will be permitted on the
property in accordance with the Town's animal control regulations described above.
Recommendation: •
Finding that a dog prohibition was not the intention of the 1996 Wildlife Study, and that the
Town's rules and regulations concerning the control of dogs on public and private property
are sufficient to address the recommendations of the Wildlife Study, Staff recommends that
the Council approve Ordinance 10 -19, approving the proposed amendment to the Chateau
St. Claire PUD to allow dogs on the property.
Town Manager Comments:
Exhibits:
A: Ordinance 10 -19
B: Wildlife Letters
• Page 2 November 9�h, 2010 Town Council Meeting
• Exhibit A
TOWN OF AVON, COLORADO
ORDINANCE 10 -19
SERIES of 2010
AN ORDINANCE APPROVING AN AMENDMENT TO THE CHATEAU ST. CLAIRE
PLANNED UNITED DEVELOPMENT, CHATEAU ST CLAIRE SUBDIVISION,
REMOVING THE REQUIREMENT PROHIBITING DOGS ON THE PROPERTY
WHEREAS, the Town of Avon approved a Planned Unit Development ( "PUD ")
Amendment, by Ordinance No. 98 -6, Amending the Chateau St. Claire PUD Development Plan
and Development Standards for Lots 1 and 2, Chateau St. Claire Subdivision;
WHEREAS, in response to a Wildlife Study performed by Western Ecosystems, Inc, dated
April 1, 1996, a condition of approval of Ordinance 98 -6 states that "Dogs shall not be permitted
on the property ";
WHEREAS, Brian Wilson, on behalf of CCS -Land, LLC with the permission of the
property owner, Timothy Burton of CSC Land, LLC, has applied for a PUD Amendment to
remove the requirement prohibiting dogs on the property, pursuant to Section 17.20.110 of the
Avon Municipal Code;
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing
• on October 19, 2010, after posting notice as required by law, considered all comments,
testimony, evidence and staff reports provided by the Town staff, considered such information
prior to formulating a recommendation, then took action to adopt findings and make a
recommendation of approval to the Town Council;
WHEREAS, the Town Council of the Town of Avon held a public hearing on November
23`d, 2010, after posting notice as required bylaw, considered all comments, testimony, evidence
and staff reports provided by the Town staff prior to taking any action on the Chateau St. Claire
PUD amendment application;
WHEREAS, pursuant to Title 17.20.110(h) of the AMC, the Town Council has considered
the applicable review criteria;
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law and the AMC by setting a public hearing in order
to provide the public an opportunity to present testimony and evidence regarding the application
and that approval of this Ordinance on first reading does not constitute a representation that the
Town Council, or any member of the Town Council, supports, approves, rejects, or denies the
proposed zoning.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the following:
•
Ord No. 10 -19
SECTION 1. AMENDMENT TO CHATEAU ST. CLAIRE PUD. The Chateau St. Claire PUD, •
Chateau St. Claire Subdivision, is hereby amended to remove the requirement prohibiting dogs
on the property.
SECTION 2. FINDINGS OF FACT. The Town Council makes the following findings of fact
with respect to this PUD Amendment application:
1. The property is not located in important wildlife habitat.
2. The complete prohibition of dogs on the property was not the intended outcome
of the Wildlife Biologist's April 1, 1996 wildlife assessment letter.
3. Enforcement of Title 6: Animals, Avon Municipal Code, will adequately address
"strict dog control" measures.
4. The PUD Review Criteria (Section 17.20.110 AMC) have been considered with
this amendment
SECTION 3. CORRECTION OF ERRORS. Town Staff is authorized to correct any typographical,
grammatical, cross - reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
SECTION 4. SEVERABILITY. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared •
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
SECTION 6. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
SECTION 7. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance
by posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
Page 2 of 3 •
Ord No. 10 -19
statement that a copy of the ordinance in full is available for public inspection in the office of the
• Town Clerk during normal business hours.
•
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED: the 9`h day of November, 2010, and a public hearing on this ordinance shall be held at
the regular meeting of the Town Council on the 23rd day of November, 2010, at 5:30 P.M. in the
Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado.
Ronald C. Wolfe, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST: APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on the 23rd day of November, 2010.
Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
• Page 3 of 3
Ord No. 10 -19
_ ................ ... ......... .... _..
Isom s Assi)C. EMCC 3033286266 Exhibit B Q
04 -01 -96 06,34PYl FROM WESTREN ECOSYSTEM
Western Ecosystems, Inc.
Ecological Consultdnts
90$ "Pe-st Co "Ch J?od�, �Boulk, (30 80,302 (303)442 -6144
April 1, 1996
Mr. Steve Isom
Isom & Associates
P.O. Box 9.
Eagle, CO 81631
Re: Wildlife assessment of the Chateau St. Claire development.
Dear Steve!
A proposal has been submitted to the Town of Avon (Town) to redevelop the Avon School
Tract and an adjacent tract to the west. The former tract contaim a home converted into
an office used by approximately six people, The adjacent tract contains two single family
residences and several non - inhabited wooden structures. The proposed Chateau St. Clture
development would consist of a restaurant and commercial spaco. Such a proposal requires
approval from the Town. Wildlife arc a resource of high public concern and redevelopment,
such as that proposed, must consider potential impacts to wildlife and their habitats.
Addressed below, at you request, is a wildlife assessment for the proposed redevelopment
site.
METHODS
Currant Colorado Division of Wildlife (SOW) Wildlife Resource Information :System
- _ (WRTS) maps were used to identify major wildlife issues on and surrounding the' subject
property, A site survey was conducted on March 29, 1994 to evaluate habitats on and
surrounding the Avon School site, which was being rezoned, The survey also included the
entire portion of subject parcel that would be disturbed by redevelopment. Mr. Bill Andree
(CROW District Wildlife Manager) was Wntaeted during the school site rezoning process
to obtain the State's concerns associated with the rezoning proposal. This assessment was
based on the above and systematic photographs of the development area taken during the
1994 survey.
v
04 -01 -96 06 :45PM FROM
Mr. Steve Isom
April 1, 1996
Page 2
STUDY AREA
ISOM & Assoc.
JESTr4N ECOSYSTEMS
EMCC 3033286266
The t 6 acre subject parcel is located along the south side of U.S. Highway 6, approximately
50 yards east of the highway's 1Aters80tlota with the Avon and Village Roads. The site occurs
at 7,520 feet, along a north - facing toe slope at the distal terminus of a steep ridge separating
the east side of the Beaver Creek Valley from the Eagle River. The Eagle River flows north
of Highway 6 and the channel of Beaver Creek occurs along the northwest flank of the
property.
The development site is relatively flat as a result of its prior development and use as a gravel
extraction site, school, residential and office site. Most native habitats in the vicinity of
wdsting structures were disturbed during initial excavation and there has been little
recolonization. The exception is a narrow riparian corridor flanking Beaver Creek,
dominated by medium-aged to mature narrowleaf cottonwoods and a few conifers.
Otherwise, the site is dominated by introduced cuItivars (primarily smooth brome and
crested wheatgrass) and weedy vegetation (including mullein, sweet clover, thistle, and
mustards).
Native vegetation south and east of the redevelopment area is a mountain shrub conununity,
dominated by serviceberry, with rubber rabbitbrush, some snowberry, bitterbrush, attd small
aspen clumps, and a relatively vigorous herbaceous understory containing carices, bluegrass,
timothy, smooth brome, yarrow, and penstemon. Vallonta sp. (snail) shells are abundant on
the hillside and additionally characterize this community. This shrub community transitions
into a Douglas -fir/ Englemann spruce forest with increasing elevation on the ridge. These
native habitats would not be disturbed by the proposal.
WILDLIFE USE
Wildlife use of the property is limited by non - native vegetation, on -site human activity and
habitation, and the chronic activity associated with Highway 6 and its intersection with
Village and Avon Roads. Wildlife use of the development site is generally confined -to a low
diversity of nongame species. A greater amount of wildlife use occurs along the Beaver
Creek riparian corridor (e.g., nesting magpies), along the creek per se, (e.g., fish, beaver),
and in the mountain shrub habitat to the south (critical elk habitat). However, the portion
of the site proposed for development is not particularly important habitat for any wildlife
species or group.
The development area does not overlap any wildlife habitats delineated on CDOW WRIS
maps (Sept.'and Oct. 1995). However, the mountain shrub and other habitats above (south
and southeast) of the development area are mapped as elk winter range, winter
P.03
POI
Isom & Assbc.
04-01 -96 06:45PM FROM WES'-'N ECOSYSTEMS
EMCC 3033286266 P.e4 V�
i
Mr. Steve Isom
April 1, 1996
Page 3
concentration area, severe winter range, and critical elk habitat. Mr. Bill Andree indicated
that these north - facing slopes, immediately south of the parcel, are used by elk primarily
during milder winters. March 29 surveys of this area located elk pellets deposited as low as
the shoulder of Highway 6 over the relatively mild 1993 /94 winter. A low number of deer
pallets, deposited in summer or fall 1993, were also located in this area. Growth forms of
serviceberry and bitterbrush shrubs (two key winter browse species) on this hillside suggest
only a light level of big game browsing. However, while elk pellets were fairly common in
this native community, no elk or deer pellets were located on the proposed development
area, probably because of a lack of forage. Big game use on the adjacent hillside is
nocturnal, infrequent, and would be unaffected by the largely diurnal and indoor use that
is proposed.
While low .numbers of big game may seasonally contour across the hillside south of the
property during local movements, the property and the adjacent hillside are outsides of any
migratory corridors and production areas.
There are no habitats of threatened, endangered, or candidate species on -site or in adjacent
areas that the proposed rezoning and use of the school site would jeopardize.
Proposed us$ of the school site would not rescilt in any water depletions or other effects to
the Eagle River, Beaver Creek, or their riparian con unities.
CONCLUSIONS AND RECOMMENDATIONS
The Chateau St. Clair redevelopment site contains no particularly important wildlife Habitat.
However, some sensitive wildlife habitats occur adjacent to the development, It is my
understanding that a minimum 30 foot setback botween Beaver Creek and the development
area would be maintained. It is also recommended that all development avoid the
continuous riparian corridor flanking Seaver Creek, composed of cottonwoods, spruce, and
lodgepole pine trees. To avoid impaets to big game winter range, development should be
kept below the historic jeep trail at the toe o; the hillside. Strict dog control measures
should be implemented and enforced to avoidvildiife harassment and mortality. Property
owners should prohibit the development of atiy.trails in the Beaver Creek riparian corridor
or extending into the mountain shrub habitat south of the development area.
With the above conditions, tho proposed development and subsequent use of the siisshould
not result in any substantive change itl the present type or level of wildlife use. As such,
there should be no adverse effects to wildlife or their habitats, on or adjacent to the site,
resulting from the proposal.
ISOM & RSSOC. EMCC ZOZZ266266
04 -01 -96 06:46PM FROM WEST' 'N ECOSYSTEMS S`
Mr. Steve Isom
April 1, 1996
Page 4
Please call if you have any questions.
Sincerely,
Richard W: Thompson
Certified Wildlife Biologist
Western Ecosystems, Inc.
RWT/s
P03 I
STATE OF COLORADO
Roy Romer, Governor REFER TO
DEPARTMENT OF NATURAL RESOURCES 1� •
DIVISION OF WILDLIFE guns 181996
AN EQUAL OPPORTUNITY EMPLOYER d
Perry D. Olson, Director
606 Broadway COMMUNITY DEVELOPMEN I �
Denver, Colorado 80216 OF
Telephone: (303) 297 -1192
For Wildlife -
June 19 , 1996 For People
Town of Avon
Community Development Department
ATTN: Karen Griffith
Box 975
Avon, CO. 81620
Dear Karen,
The Colorado Division of Wildlife (CDOW) has reviewed the
annexation and PUD application for Chateau St. Claire and has the
following comments.
On 6/14/96 I spoke with Danny Brose at the site and asked him
about protecting the riparian area, especially the cottonwood
trees. Mr. Brose advised the trees would remain, but pruning was
needed to remove dead branches over the deck area for safety •
reasons. Mr. Brose also stated he would like to sit down with the
CDOW to review the tree pruning so as to protect wildlife. No date
was set for this meeting at this time.
Since there are several differences between the submitted
application and recent discussions, the CDOW will comment on the
submitted application. If the application is revised the CDOW
comments and recommendations that no longer apply can be removed.
The CDOW is in agreement with the wildlife report prepared by
Rick Thompson. The CDOW also concurs with the conclusion and
recommendations in the wildlife report. It is the CDOW
understanding that the conclusions and recommendations contained in
the wildlife report will become conditions of the annexation and /or
PUD permit. If this is not the case please advise as this would
change the CDOW's recommendations.
There is a conflict in the protection of the 30 foot setback
in the wildlife report, the environmental impact report (EIR)
hydrologic conditions and the report by Precision Tree Works. The
wildlife report states there is an understanding that a minimum 30
foot setback between Beaver Creek and the development area would be
maintained. The EIR states the 30 foot setback area from the creek
will remain in its natural state.
DEPARTMENT OF NATURAL RESOURCES, James S. Lochhead, Executive Director •
WILDLIFE COMMISSION, Thomas M. Eve, Chairman • Louis F. Swift, Vice - Chairman • Arnold Salazar, Secretary
Jesse Langston Boyd, Jr., Member • Eldon W. Cooper, Member • Rebecca L. Frank, Member
William R. Hegberg, Member • Mark LeValley, Member
• Chateau St. Claire
CDOW Andree
Page 2
June 19, 1996
These directly conflict with the report by Precision Tree
Works which recommends removing 19 Cottonwood trees and removal of
native vegetation to be replaced with sod to the stream edge.
During a site visit on 6/14/96 I was only able to located 10
of the trees scheduled for removal, other trees had tags but the
writing was washed off. Of these 10, 5 were located directly on
the bank of Beaver Creek, 3 were located within 25 feet of the
bank, and 2 were located within 30 feet of the bank. Removal of
these trees would have a negative impact on wildlife use of the
riparian area and would negatively impact the aquatic life in
Beaver Creek. Further removal of these trees would be in conflict
with the submitted EIR and wildlife report.
The wildlife report and EIR state there will be a 30 foot
setback between Beaver Creek and the development. While a 30 foot
setback provides some protection, protection of the riparian and
watershed values need additional measures. The current application
• shows removal of native riparian vegetation to be replaced with sod
right up to the stream edge.
In order to protect riparian and watershed values there should
be a native riparian buffer between riparian /watershed habitats and
development. Best Management Practices (BMP) in riparian buffer
areas should include: no soil disturbance; no vegetative
disturbance (other than minimal pruning of shrubs and weed
control); no lawn mowing or fertilization; no snow storage areas;
require storm water detention facilities on site before discharging
into waterways.
The application shows rip rap along Beaver Creek south of the
development but does not provide any discussion on the need or if
some is existing and repair is needed.
The CDOW has the following recommendations for the Chateau St.
Claire application.
1) Maintain a minimum of a 30 foot native riparian buffer
zone (stream setback) between development and Beaver
Creek that uses best management practices (see above).
2) Recommendations listed in Rick Thompson's wildlife report
become a part of the mitigation plan.
0 3) Do not remove the cottonwood trees within the riparian
buffer zone (30 foot stream setback).
Chateau St. Claire Page 3
CDOW Andree June 19, 1996
4) Pruning trees within the riparian buffer zone (30 foot
stream setback) is limited to dead limbs for safety
concerns or diseased limbs. Dead limbs that are not a
safety concern provide valuable wildlife habitat.
5) All trash cans and /or dumpsters be a proven bear proof
design.
6) Silt and sediment fences will be installed at the
boundary of development and the 30 foot stream setback.
Karen, the CDOW appreciates the opportunity to comments on
this project. Please contact me at 926 -4424 if you have any
further questions.
Sincerely,
Bill Andree
District Wildlife Manager -Vail
n
is
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Western Ecosystems, Inc.
• Ecological Consultants
905 West Coach Road, Boulder, Colorado 80302 (303) 442-
6144
August 19, 2010
Sally Vecchio, Asst. Town Mgr./ Community Development Dir. Email transmittal
Town of Avon
One Lake Street
P.O. Box 975
Avon, Colorado 81620
(970) 748 -4009, svecchio @avon.org
RE: Dog Prohibition at The Gates Residences (formerly Chateau St. Claire) in Avon, CO
• Dear Sally,
I write concerning my report entitled "Wildlife Assessment of the Chateau St. Claire Development"
dated April 1, 1996. It has come to my attention that my report may have been used to prohibit dogs
entirely from the property (PUD Ordinance 1998 -06). I offer this clarification because a dog
prohibition was not my intention.
The subject development is not located in important wildlife habitat, although the native habitat to the
south is important elk winter range. I mentioned dogs in only one sentence of my report: "Strict dog
control measures should be implemented and enforced to avoid wildlife harassment and mortality."
This is standard dog control language that I have used for dozens of similar development proposal
assessments in Eagle County. I never intended these "strict controls" to include the prohibition of
dogs from the property. Indeed, dating back to 1986, I don't ever recall the Colorado Division of
Wildlife (CDOW) recommending that dogs be prohibited from residential developments in Eagle
County, including those located in important wildlife habitats where stray dogs would create conflicts
with wildlife. Instead, the planning jurisdiction, its representatives, the property owner, and the HOA
typically develop enforceable covenants so there are no stray dogs originating on the property.
Properly controlled dogs are not a threat to wildlife.
I believe that with the implementation and enforcement of dog control measures, owners of The Gates
Residences could have dogs without threatening wildlife in the surrounding area.
•
Thank you for your time. •
Please call me if you have any questions.
Sincerely,
Rick Thompson
Richard W. Thompson
Certified Wildlife Biologist
Western Ecosystems, Inc.
RWT /s
Cc: J. Schroder, Real Capital Solutions
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