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Home My WebLink Aboutbocc.res.073.2011 R 02:3: E C EPTION #: 2 582582, 09/08/2011 at 2 1 OF 10, 1 .00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE PITKIN COUNTY, COLORADO, BOARD OF COUNTY COMISSIONERS GRANTING APPROVAL FOR THE NAKAGAWA SPECIAL REVIEW FOR BUILDING MATERIALS AND LANDSCAPING STORAGE BOCC Resolution No0 -2011 RECITALS 1. Heitor Nakagawa (hereafter referred to as "Applicant ") has applied to the Board of County Commissioners of Pitkin County, Colorado ( "BOCC ") for Special Review approval with vested rights to store vehicles, equipment and trailers associated with a private landscaping/snowplowing business. 2. The parcel is located at 24041Hwy 82, in the general vicinity of the County known as Holland Hills. PID#: 246717400023 (Legal Description, Attachment A). The parcel is zoned AR -10, approximately 1.1 acres, and is non - conforming in size. 3. The parcel is currently developed with a single family residence that was constructed in 1977. No previous land use approvals apply to the parcel. The Applicant was issued a Notice of Violation for conducting the proposed use on the property without Special Review approval. The Applicant elected to seek approval for the use instead of ceasing the storage of equipment for the business. 4. The BOCC acknowledges that the proposal is to store off -season vehicles, equipment, and trailers for the landscaping and snowplowing business and that the Applicant will not use the parcel as a staging area for the business. 5. The BOCC also acknowledges that the Applicant owns a property in Basalt and that staging for the business primarily occurs at this property. 6. The BOCC fmds that the Applicant has represented that the purpose of this application is to legalize the storage of vehicles, equipment, and trailers for the business and that no retail sales will be conducted on the property. 7. The BOCC further fmds that the Applicant will adequately screen the storage area with fencing and landscaping from Hwy 82, the Old Snowmass Trail, and the neighbor to the east. 8. The BOCC further finds that the Applicant has complied with the Special Review criteria and Site Specific Use Standards outlined 2- 30 -30(h) and 4- 30- 40(e), respectively. 9. The BOCC heard the request at a duly noticed public hearing on July 13, 2011 and a continued public hearing on July 27, 2011. Public notice was published in the paper on June 12, 2011. NOW, THEREFORE, BE IT RESOLVED that the Pitkin County Board of County Commissioners approve the Nakagawa Special Review for Landscaping and Building Materials Storage subject to the following conditions: Page 1 of 4 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. No structural development, with the exception of fencing, in excess of 30" shall occur within the setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations shall require a variance from the Board of Adjustment. 3. The Applicant shall comply with the landscape and equipment parking site plan as represented in Attachment B. Specifically related to Attachment B, the Applicant shall: a. Not store vehicles or trailers east of the garage. The Applicant is allowed to store snowplows and lawnmowers, in the area to the northeast of the garage. b. Plant landscaping in the form of conifers along the east property line. c. Construct a 6' wooden privacy fence along the east property line, just west of the conifers. The fence shall be similar to the wood fence constructed on the property south of the existing residence. 4. The Applicant shall commence the installation of the fence and planting of conifers identified on Attachment B and in condition 3(b) and (c) immediately and be completed with the installations by October 1st, 2011. 5. With respect to the commercial aspect of the site, the site is limited to the storage of Nakagawa commercial vehicles, equipment, and trailers as identified in the attached inventory - Attachment C. Vehicles, equipment, and trailers shall be defined and described in the following manner: • Vehicles — anything with an engine that can be licensed and put on the road will be identified by its make, model, and general description. • Equipment — implements used for engaging in the landscaping/snowplowing business. This includes, but not limited to, implements such as a "Bobcat" or "skid steer ", or "riding lawnmower ", or "snow plow ". This definition does not include weed eaters, push lawnmowers, or hand tools. • Trailers — Trailers will be identified using descriptors such as "6x12 enclosed trailer" or "flatbed trailer with a gooseneck ". If the attached inventory changes, the Applicant shall submit a revised inventory to the Community Development Director. 6. The Applicant shall comply with the following requirements of the Special Review approval for Landscaping and Building Materials storage: a. This use shall not include retail sales, shall only be permitted to have a maximum of four (4) commercial vehicles related to the Nakagawa business on site at any time and shall be permitted a maximum of five (5) Nakagawa commercial visits per day. It is acknowledged that the site will experience more than five (5) visits per day when off- season vehicles, equipment, and trailers are exchanged for those that will be used for the upcoming season. Page 2 of 4 b. The site is limited to six (6) personal vehicles on site (see Attachment C for inventory). c. Operations related to the storage business shall only occur between the hours of 8:00 AM and 6:00 PM Monday thru Saturday. d. The Applicant shall not conduct operations related to the storage business on the parcel Sundays or federal holidays. e. The approved use on this parcel is for equipment storage purposes only. 7. Within 30 days of the anniversary of this approval, the Applicant shall submit an "annual review" to the Community Development Director that outlines the operation for the year. This outline shall include information about the preceding year of operations, any changes to the approved plan that have occurred, and any complaints received. The annual review shall be heard before the BOCC at a duly noticed public hearing. The BOCC may, at its discretion, modify or revoke the Special Review approval at this public hearing. 8. All lighting shall comply with the Land Use Code. Security lighting is prohibited. 9. The Applicant shall not fuel motor vehicles on site. A minimum of two (2) 51b Class ABC fire extinguishers shall be kept in conspicuous locations in the general storage area. All combustible material and motorized equipment shall be kept a minimum of 15 feet from the residence and 10 feet from the eastern and western property line. 10. The Applicant shall clearly fence the leach field so that vehicles do not drive or park over it. 11. The Applicant shall attempt to obtain a CDOT permit for the increase in use of the parcel. If a CDOT permit cannot be obtained, the Applicant shall cease the commercial aspect of the property. 12. Water from the existing domestic well shall not be used in connection with the commercial use of the property. 13. The fenced area south of the residence shall not be used for equipment storage or stockpiling of materials for the business. 14. The use shall expire after any continuous twelve (12) month period of non -use. 15. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on July a? , 2014. 16. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. Page 3 of 4 NOTICE OF THE PUBLIC HEARING WAS PUBLISHED IN THE ASPEN TIMES on the 12th day of June, 2011. APPROVED this 27 day of July, 2011. PUBLISHED AFTER A FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the 4, * day o , 2011. A'1 "1'1✓ST: BOARD OF COUNTY COMMISISONERS OF PITKIN COUNTY, COLORADO f., ./4, Jeanei - ones, Deputy Co ty Clerk By %( Rache E . chards, Chairwoman / Date f/� 1 APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely i n , ' . y Houben, County Attorne Community Development Director PID# 246717400023 P037 -11 Page 4 of 4 g Attachment A Legal Description Tract: 55 Quarter: SE Section: 17 Township: 8 Range: 86 PARCEL OF LAND IN TRACTS 55 & 57 IN SEC 17 -8 -86 LYING NELY OF & ADJ TO HWY 82 & SLY OF A FENCE AS CONSTRUCTED & IN PLACE BGNNG AT A PT ON SAID FENCE WH ANGLE PT #1 OF TR 57 BEING THE SAME AS ANGLE PT #8 OF TR 56 BEARS N 69 DEG 53'50 "W 184.26 FT TH S 68 DEG 58'50 "E 140.49 FT ALNG SAID FENCE TH S 41 DEG 55'W 360.74 FT TO A PT ON THE NELY ROW LINE OF SAID HWY TH N 44 DEG 30'W 131.50 FT ALNG THE NELY ROW OF SAID HWY TH N 41 DEG 55'E 302.41 FT TO A PT ON SAID FENCE THE POB CONT 1.0 AC +/- TOGETHER WITH 6.5% OF AN UNDIV 83/341 INT IN THE KESTER DITCH #82A & WATER RIGHTS 5r - j ht lit k 4 E ' li V , M.+ m g a a $ z_ - h ` & W E+ o g w � • () 1 54 rid 0 1 :52F, 2Q c,.>' - Iiii v ' li 4 O $<< 11114, -a ;:fit rag. 20 m F" - =g4< A " E gsLLg mars d } > R z _ :g • _ .e _ <a w QV A a ;.—=-4, 8� 3 R > -` - . ` obi - I4 4 3. 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