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HomeMy WebLinkAboutpitkin.planning.246717400023, 246717400024 (2016)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&7_ Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) Parcel ID: 2467-17-4-00-024 Application Date: 5/5/16 Case No: P041-16 Description: Nakagawa Annual Review for the 2015 Nakagawa Commercial Activities Planner: Mike Kraemer # Copies: 3 Allocated Hours: 4 Project Address: 24041 HWY 82, BASALT, CO 81621 % Over Hours: 4.8 Property Owner: NAKAGAWA Owner's REP: DOUG PRATTE REP's Email: landstudio2@comcast.net Referrals: Comments Due Date: Address: PO BOX 1131 BASALT, CO 81621 Address: PO BOX 107 BASALT. CO 81621 Other Referrals: Owner Phone: (970) 927-2352 REP's Phone: (970) 927-3690 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: 07/13/2016 Review Body: bocc Public Hearing? yes Notice Date: 06/09/2016 Meeting Notes: Approvals: BOCC Resolution #: 052-2016 #631044 P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG): n/a Remarks: no vesting Application Type: Annual BOCC Review Parcel ID: 2467-17-4-00-023 Application Date: 5/5/16 Case No: PO41-16 Description: Nakagawa Annual Review for the 2015 Nakagawa Commercial Activities Planner: Mike Kraemer # Copies: 3 Allocated Hours: 4 Project Address: 24041 HWY 82, BASALT, CO 81621 % Over Hours: 4.8 Property Owner: NAKAGAWA Address: PO BOX 1131 Owner Phone: (970) 927-2352 BASALT, CO 81621 Owner's REP: DOUG PRATTE Address: PO BOX 107 REP's Phone: (970) 927-3690 BASALT, CO 81621 REP's Email: landstudio2@comcast.net Referrals: Other Referrals: Comments Due Date: Meetings: list Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: 07/13/2016 Review Body: bocc Public Hearing? yes Notice Date: 06/09/2016 Meeting Notes: Approvals: BOCC Resolution #: 052-2016 #631044 P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG): n/a Remarks: no vesting Application Type: Annual BOCC Review DECISIONS RECEPTION#: 631044, 08/02/2016 at 10:17:36 AM, 1 of 7, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING ANNUAL REVIEW APPROVAL FOR THE NAKAGAWA SPECIAL REVIEW PERMIT Resolution No. 05' -2016 RECITALS 1. By Resolution No. 073-2011 and Resolution No. 061-2015, the Board of County Commissioners of Pitkin County, Colorado (BOCC), granted a Special Review Use permit to Heitor Nakagawa, (Applicant) for `Building Materials and Landscaping Storage" for the Nakagawa Landscaping business for two (2) parcels of land owned by the Applicant. 2. Resolution No. 073-2011 and Resolution No. 061-2015 require an annual review of the operations at a public hearing for compliance with all terms and conditions -of the resolutions, in addition to Resolution No. 39-2015 which approved the previous year's operations. (Attachments A and B, Legal Descriptions for east and west parcel). 3. On June 13t`, 2016, the BOCC held the annual review of the Nakagawa Special Review Permit for the 2015 operating year where members of the public had opportunity to voice their comments. 4. The BOCC determined that the Applicant has operated in substantial compliance with the terms of Resolution No. 073-2011, 061-2016, and 039-2016 and is subject to the conditions outlined below. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Pitkin County, Colorado, hereby accepts the Nakagawa Annual Review Report of the 2015 operations and requires the following measures in order to find the Applicant in compliance with terms and conditions of approval. 1. All material representations made by the Applicant in the application, in subsequent correspondence, and at the public hearing shall be adhered to and considered conditions of approval. 2. The Applicant shall continue to be bound by all conditions of Resolution No. 073-2011 and Resolution No. 061-2015. 3. The Applicant shall not park any commercial vehicles or equipment on the west parcel until the commercial building on the west parcel is completed and a Certificate of Occupancy has been issued. BOCC Resolution No. 6572- 2016 Page 1 of 7 4. The Nakagawa business inventory can be viewed as Attachment C. Other commercial items not identified on this list are prohibited from being stored at the property. 5. There shall be no staging of day to day operations on the subject property. 6. There shall be no staging of landscape materials on the subject property. 7. Ten (10) days in advance to the seasonal swap -out of equipment, the Applicant shall provide written notice to the adjacent neighbors stating when equipment will be moved, duration of the movement, and date(s). 8. Pursuant to Land Use Code Section 2-40-20(c)(4), if the Community Development Director determines that the use is not in conformance with the provisions of the Special Review Use approval, the Director may recommend to the BOCC that it consider withdrawal of such approval. BOCC Resolution No. 0S2 2016 Page 2 of 7 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON June 9th, 2016. APPROVED AND ADOPTED ON THE 13th DAY OF JULY, 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO a (- I — gy<�� 5 - Jones Rachel E. chards, Chair Clerk and Recorder Date APPROVED AS TO FORM: APPROVED AS TO CONTENT: Jo Eiy Cindyjlouben o Attorney Community Development Director PID#: 246717400023 (east parcel) 246717400024 (west parcel) P041-16 BOCC Resolution No.&!3-a 2016 Page 3 of 7 Attachment A Legal Description for west parcel A parcel of land situated in Tracts 55 and 57, all in Section 17, Township 8 South, Range 86 West, of the 6th Principal Meridian, Pitkin County, Colorado, lying Northeasterly of and adjacent to State Highway No. 82 and Southerly of a fence as constructed and in place, described as follows: Beginning at a point on said fence whence Angle Point No. 1 of said Tract 57, being the same as Angle Point No. 8 of Tract 56, bears N. 73'31'W. 6.59 feet; thence S. 69°52'08" E_ 156.61 feet along said fence; thence S. 68°58'50" E. 21.07 feet along said fence; thence S. 41°55' W. 302.41 feet to a point on the Northeasterly right-of-way line of said highway; thence N. 44'30'W. 165.40 feet along the Northeasterly right-of-way line of said highway; thence N. 41'55'E- 226.40 feet to a point on said fence, the point of beginning, containing 1.00 acre, more or less, together with 6 1/2 percent of an undivided 83/341 interest in Kester Ditch and water rights. BOCC Resolution No. 2016 Page 4 of 7 Attachment B Legal Description for east parcel 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 #t OF TR 57 BEING THE SAME AS ANGLE PT #8 OF TR 56 BEARS N 69 DEG 53'50"W 184.26 IT 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 I•IWY 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 I.0 AC +/- TOGETHER WITH 6.5% OF AN UNDIV 83/341 INT IN THE KESTER DITCH #82A & WATER RIGHTS BOCC Resolution No. 2016 Page 5 of 7 Attachment Business Inventory: ( Please note Not all Vehicles will be at this location at once.) Equipment Snowplows Snow blowers - Material ( Not to exceed the height of 6' Air Compressor Wooden privacy Fence) Bobcats Utility Trailers Wood Fencing Truck Topper Metal Truck Bed Racks Stone Riding Mowers Cinder Blocks Hand Tools Brick Irrigation Piping vehicles Toyota Pickup GMC Dump bed Short Term Staging Materials GMC Pickup (Please nate that these materials will be Ford Dump bed staged short term , for projects_ There will be Ford Pickup no retail bulk material deliveries by venders Mitsubishi Flatbed with the exception of Nakagawa's personal Jeep Wranglers vehicles and employees. } Mulch Soil Gravel Flowers BOCC Resolution No. 2016 Page 6 of 7 1 •�L � , q. e a , H P RA _< ' STAFF MEMO MEMORANDUM TO: Pitkin County Board of County Commissioners THRU: Cindy Houben, Community Development Director/ FROM: Mike Kraemer, Senior Planner Mt- �ilnl SUBJECT: Nakagawa, Special Use Permit - Annual Review DATE: July 13te, 2015 SUMMARY: In 2015 the BOCC approved a Special Review Use at 24041 Hwy 82 for "Building Materials and Landscaping Storage". Two (2) properties were implicated with this approval, both owned by the Applicant. These properties are commonly referred to as the "east" and "west" parcels. The BOCC approval was memorialized as Resolution No. 061-2015 which included specific conditions relating to the Nakagawa landscaping business. This approval granted the Applicant the ability to construct a 1,000 square foot commercial building on the west parcel for activities relating to the Nakagawa business. This building has not yet been constructed although the Applicant has indicated a desire to submit for a building permit in the near future. The BOCC approval also included a site plan for both properties that identifies specific locations for storage of materials and equipment relating to the Nakagawa business. BOCC Resolution 061-2015 requires an "annual review" at a public hearing to review the yearly business operations. The last annual review that was conducted by the BOCC occurred in May of 2015 and will also be addressed below. APPLICANT: Heitor Nakagawa and Jimmy Nakagawa REPRESENTATIVE: Doug Pratte LOCATION: 24041 Hwy 82 (current address assigned to both properties) ZONING: AR -10 PROCESS: This review is to assess the Applicant's compliance with the conditions set forth in Resolution No. 061-2015 and Resolution No. 039-2015. a�I►l /I .t YM_ t s Resolution 061-2015 requires review of the following site specific conditions outlined below: Upon Certificate of Occupancy for the new 1,000 square foot commercial building BOCC Resolution No. 037-2011, BOCC Resolution No. 031-2014, BOCC Resolution No. 39-2015 shall hereby be rescinded and replaced with the subject Resolution. The subject Resolution shall govern both the east and west properties. Page 1 ofS lopo)y Staff Response: The Applicant has not yet constructed the 1,000 square foot commercial building. BOCC approvals governing the east property are still in effect until the building on the west parcel receives a Certificate of Occupancy. No commercial operations shall occur on the west parcel until a Certificate of Occupancy for the 1,000 square foot building is obtained, however, fencing on the west property boundary as approved pursuant to this Resolution shall be installed immediately. Staff Response: Staff has viewed the property from Hwy 82 and has observed the Applicant parking Nakagawa landscape equipment and materials on the west parcel contravening this condition of the approval. Staff scheduled a site inspection for both properties on July 61, 2016 and all Nakagawa equipment (bobcats, skid steers, vehicles) had been removed from the west property. Landscaping materials which included cinder blocks, stone, and wooden fence posts remain on the west parcel. The Applicant states that these materials will be used in connection with the construction of the future commercial building. The west parcel has an approved Activity Envelope. In general, staging of future construction materials within an approved envelope has been allowed in the past, as long as the materials were within the envelope. The Applicant will be available at the hearing to further clarify the materials stored on the west parcel and their future use in connection with construction of the building. Wooden privacy fencing has been installed near the west property boundary on the west parcel and will be discussed further below. The Applicant shall clearly fence the leach fields on both the east and west parcels so that vehicles do not drive or park over the fields. Staff Response: The Applicant has accomplished this requirement and has fenced the leach field on the east parcel. The leach field on the west parcel has not yet been constructed but will be required to be fenced when it is constructed. The commercial storage area in the vicinity of the garage and residence on the east parcel shall be returned to residential use and commercial storage eliminated once the Certificate of Occupancy is received for the new commercial building and all storage is moved to the new approved storage area. Landscaping and fencing installed as part of BOCC Resolution No. 037- 2011 may be permitted to remain. Staff Response: Nakagawa commercial storage on the east parcel is still occurring and is compliance with BOCC Resolution No. 037-2011 and 061-2015. The commercial storage in the vicinity of the garage and residence will be required to cease once the new commercial building is constructed on the west parcel. Semi -tractor trucks and/or tractor trailer combinations shall not enter the east or west properties or be stored on the property. Staff Response: Staff has not observed this occurring and has not received any complaints regarding this requirement. Page 2 of 5 I� The parcels are limited to Nakagawa commercial vehicles, equipment, and trailers as identified in the attached inventory —Attachment C. Commercial vehicles, equipment, and trailers shall be defined in the following manner: a Vehicles —has an engine and is licensed for road use - identified by its make, model, and general description. b. 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 does not include weed eaters, push lawnmowers, or hand tools. c. Trailers — implements used for hauling loads and towed behind a vehicle, identified using descriptors such as "6x12 enclosed trailer" or "flatbed with a gooseneck". Staff Response: Staff has conducted a site visit and there are no other types of business equipment, vehicles, and trailers are stored at the property. The Applicant shall comply with the following requirements of the Special Review approval for Landscaping and Building Materials Storage a. This use 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 f ve (5) Nakagawa commercial visits per day. b. Operations related to the storage business shall only occur between the hours of 8: 00 AM and 6: 00 PM Monday thru Saturday. c. The Applicant shall not conduct operations related to the business on Sundays or federal holidays. d Retail use of the property is prohibited. e. There shall be no overnight overflow parking of Nakagawa commercial vehicles at the residence on the east parcel. 5 private residential vehicles maximum are allowed on the east parcel at one (1) time. f. All landscaping shall be maintained in a healthy state on both the east and west parcels. Any dead/dying trees shall be replaced immediately. g. A sign shall be constructed on the west parcel that states "caution dangerous intersection" and be placed at a site that is visible to employees exiting onto Hwy 82. The sign shall be compliance with the Code and obtain a sign permit. h. All fencing shall be maintained at all times. Fencing in disrepair shall be repaired/replaced immediately. L 6' wood privacy fencing that mimics fencing on the eastern parcel shall be constructed on the western property line to screen the development from the western neighbor. This fencing shall be depicted on the site plan. j. 6' wood privacy fencing that mimics fencing on the eastern parcel shall also be constructed at the western portion of the commercial parking area to screen the development from the neighbor. This fencing shall be depicted on the site plan. k Materials stored shall not exceed the height of the 6' wood privacy fencing. Page 3 ofS I 9W I The storage areas depicted on the site plan shall be usedfor landscaping staging only and not as primary staging area. There shall be no bulk deliveries by suppliers to the site. Staff Response: Staff has conducted a site visit and the properties appear to be in compliance with these requirements. Staff has not received any complaints that either the east or west parcels are in violation of these standards. Specifically, since the future commercial building has not yet been constructed, a "caution" sign has not yet been installed on the west parcel. The sign will be required prior to completion of the new building. The Applicant has constructed one (1) 6' wooden privacy fence near the western property boundary of the west parcel in accordance with the approved site plan. This fence mimics the wooden fence installed on the east parcel property boundary and is in good repair. The approved site plan requires that two (2) wooden privacy fences on and near the western property boundary be constructed. The purpose of the privacy fence is to screen future construction and business activities from the neighbor to the west. It is evident from the site visit that the installed fence near the western property boundary is accomplishing this task. The Applicant would like clarification on this requirement and if BOCC feels that a second fence is needed. Within 30 days of the first anniversary of this approval and every year thereafter, 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. Staff Response: The Applicant has submitted an annual review report and it is provided in the BOCC packet. The Applicant has made a timely application under this condition of approval. Resolution 039-2015 requires review of the following_ The Applicant shall not park any commercial vehicles on the adjacent lot to the west or in any unapproved areas and in accordance with Resolution No. 073-2011. Staff Response: Staff has observed that Nakagawa vehicles, equipment, and materials have been stored on the west parcel. During the scheduled site visit, the vehicles and equipment have been removed and only materials (cinder blocks, wooden fence posts, and landscape rocks) were present. The Applicant has verbally stated that the materials stored on the west parcel are in connection with the construction of the future commercial building. The west parcel has an approved Activity Envelope. In general, staging of future construction materials has been allowed in the past, as long as the materials were within the approved envelope. The Applicant will be available at the hearing to clarify the use of the materials. • Storage of Nakagawa business equipment east of the garage is prohibited and shall be in compliance with Resolution No. 073-2011. Staff Response: Staff viewed this area east of the garage and it appears that Nakagawa business equipment is not being stored in this area. Page I ofS Y • The revised Nakagawa business inventory can be viewed as Attachment A Other commercial items not identified on this list are prohibited from being stored at the property. Staff Response: Staff has inspected the storage areas and it appears that no other equipment other than that identified on the approved inventory is being stored at the property. • There shall be no staging of day today operations on the subject property. Staff Response: It does not appear that the staging of day to day operations is occurring on the subject property. • Ten (10) days in advance to the seasonal swap -out of equipment, the Applicant shall provide written notice to the adjacent neighbors stating when equipment will be moved, duration of the movement, and date(s). Staff Response: The Applicant has stated that this has happened. The Applicant will be available at the hearing to provide details on this condition of approval. Any Notice of Violations (NOP) or "red tags" shall be brought to the attention of the BOCC immediately. Staff Response: There were no NOV's or red tags issued to the subject property or the adjacent vacant property to the west post 2015 annual review approval. RECONEWENDATION: Staff recommends that the Board approve the following motion, "to accept the Nakagawa annual report", subject to the draft resolution. ATTACHMENTS: A. BOCC Resolution No. 061-2015 and BOCC approved Site Plan (approval for both east and west property) B. BOCC Resolution No. 039-2015 (annual review for east property) Page S of 5 S RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING ANNUAL REVIEW APPROVAL FOR THE NAKAGAWA SPECIAL REVIEW PERMIT Resolution No. -2016 RECITALS 1. By Resolution No. 073-2011 and Resolution No. 061-2015, the Board of County Commissioners of Pitkin County, Colorado (BOCC), granted a Special Review Use permit to Heitor Nakagawa, (Applicant) for `Building Materials and Landscaping Storage" for the Nakagawa Landscaping business for two (2) parcels of land owned by the Applicant. 2. Resolution No. 073-2011 and Resolution No. 061-2015 require an annual review of the operations at a public hearing for compliance with all terms and conditions of the resolutions, in addition to Resolution No. 39-2015 which approved the previous year's operations. (Attachments A and B, Legal Descriptions for east and west parcel). 3. On June 13', 2016, the BOCC held the annual review of the Nakagawa Special Review Permit for the 2015 operating year where members of the public had opportunity to voice their comments. 4. The BOCC determined that the Applicant has operated in compliance with the term of Resolution No. 073-2011, 061-2016, and 039-2016 and is subject to the conditions outlined below. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Pitkin County, Colorado, hereby accepts the Nakagawa Annual Review Report of the 2015 operations and requires the following measures in order to find the Applicant in compliance with terms and conditions of approval. 1. All material representations made by the Applicant in the application, in subsequent correspondence, and at the public hearing shall be adhered to and considered conditions of approval. 2. The Applicant shall continue to be bound by all conditions of Resolution No. 073-2011 and Resolution No. 061-2015. 3. The Applicant shall not park any commercial vehicles or equipment on the west parcel until the commercial building on the west parcel is completed and a Certificate of Occupancy has been issued. BOCC Resolution No. 1016 Page 1 of 7 6 4. The Nakagawa business inventory can be viewed as Attachment C. Other commercial items not identified on this list are prohibited from being stored at the property. 5. There shall be no staging of day to day operations on the subject property. 6. There shall be no staging of landscape materials on the subject property. 7. Ten (10) days in advance to the seasonal swap -out of equipment, the Applicant shall provide written notice to the adjacent neighbors stating when equipment will be moved, duration of the movement, and date(s). 8. Any Notice of Violations (NOV) or "red tags" shall be brought to the attention of the BOCC immediately. BOCC Resolution No. 2016 Page 2 of NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON June 911, 2016. APPROVED AND ADOPTED ON THE 13th DAY OF JULY, 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By Jeanette Jones Rachel E. Richards, Chair Deputy Clerk and Recorder Date APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely Cin Houben County Attorney Community Development Director PID#: 246717400023 (east parcel) 246717400024 (west parcel) P041-16 BOCC Resolution No. 2016 Page 3 of 7 F5 Attachment A Legal Description for west parcel A parcel of land situated In Tracts 55 and 57, all in Section 17, Township 6 South, Range 86 West, of the 6th Principal Meridian, Pilkin County, Colorado, lying Northeasterly of and adjacent to State Highway No. 82 and Southerly of a fence as constructed and in place, described as follows: Beginning at a point on said fence whence Angle Point No. 1 of said Tract 57, being the same as Angle Point No. 8 of Tract 56, bears N. 73'31' W. 6.59 feet; thence S. 69'52'09'E 166.61 feel along said fence; thence S. 68'68'50" E. 21.07 feet along said fence; thence 5.41'55' W. 302.41 feet to a point on the Northeasterly right-of-way line of said highway; thence N. 44'30' W. 165.40 feet along the Northeasterly right-of-way line of said highway; thence N. 41'65' E 226.40 feet to a point on said fence, the point of beginning, containing 1.00 acre, more or less, together with 6 tl2 percent of an undivided 83/341 interest in Kester Ditch and water rights. BOCC Resolution No. 2016 Page 4 of 7 q Attachment B Legal Description for east parcel 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 & AD7 TO HWY 82 & SLY OF A FENCE AS CONSTRUCTED & IN PLACE BG14NO 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 DTsG 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 BOCC Resolution No. 2016 Page 5 of 7 Attachment C Business Inventory:( Please note Not all Vehicles will beat this location at once.) Equipment Snowplows Snow blowers Air Compressor Bobcats Utility Trailers Truck Topper Truck Bed Racks Riding Mowers Hand Tools Vehicles Toyota Pickup GMC Dump bed GMC Pickup Ford Dump bed Ford Pickup Mitsubishi Flatbed Jeep Wranglers - Material ( Not to exceed the height of 6' Wooden privacy Fence) Wood Fencing Metal Stone Cinder Blocks Brick Irrigation Piping - Short Term Staging Materials (Please note that these materials will be staged short term, for projects. There will be no retail bulk material deliveries by venders with the exception of Nakagawa's personal vehicles and employees. ) Mulch Soil Gravel Flowers BOCC Resolution No. 2016 Page 6 of 7 I 6�W RECEPTION#: 622792, 08/27/2015 at 03:56:00 PM, 1 OF 11, R $0.00 Janice K. Vos Caudill, Pitkin County, CO ATTACHMENT RESOLUTION OF THE PITKIN COUNTY, COLORADO, BOARD OF COUNTY COMISSIONERS GRANTING APPROVAL FOR THE NAKAGAWA ACTIVITY ENVELOPE AND SITE PLAN REVIEW, SPECIAL REVIEW FOR BUILDING MATERIALS AND LANDSCAPING STORAGE, AND COMMERCIAL GMQS EXEMPTION BOCC Resolution No. &/ -2015 RECITALS Heitor Nakagawa (hereafter referred to as "Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") for Activity Envelope and Site Plan Review, Special Review approval to store vehicles, equipment, and trailers associated with a private landscaping/snowplowing business, and Commercial GMQS Exemption for Insubstantial Growth Impacts for a 1,000 square feet garage. ' Two parcels are owned by the Applicant identified as the "east" and "west" parcel. The parcels are located off Hwy 82, in the general vicinity of the County known as Holland Hills. West Parcel (vacanI), PID#: 246717400024, Legal Description, Attachment A. East Parcel (developed with a single family residence and detached garage), PID# 246717400023 Legal Description, Attachment B. Both parcels are zoned AR -10, approximately LI acres, and arenon-conforming in size. The west parcel is relatively Bat, free of vegetation, and generally constraint free pursuant to Chapter 7 of the Land Use Code. An Activity Envelope was approved for the property pursuant to Hearing Officer Decision No. 01-2012 (Reception No. 587523). The Activity Envelope Plan was approved pursuant to BK99 PG 52 (Reception No. 587641). A Site Plan for landscaping, berating, and installation of a driveway was approved pursuant to Administrative Decision No. 56-2012 (Reception No. 591450) with the Site Plan recorded at BK100 PG64 (Ree. No. 591451). Landscape berming within the Hwy 82 setback was approved and received a variance pursuant to BOA Resolution No. 13-2012 (Rec. No. 596533). 4. The east parcel received Special Review approval for Building Materials and landscaping Storage pursuant to BOCC Resolution No. 037-2011. 5. The BOCC heard the request at a duly noticed public hearing on April 8r, 2015 and continued public hearing on June 20, 2015, at which time, testimony was presented to the Board regarding the request. Public notice was published in the paper on March 5's, 2015. The BOCC also conducted a site visit at the Nakagawa properties on April 21, 2015. 6. The BOCC finds that the Applicant has satisfied the Special Review criteria for the Building Materials and Landscaping Storage Use and that if conducted as represented, the use is compatible with other commercial uses in the area and will have minimal impact on neighbors. 7. The BOCC further finds that because the Applicant owns adjacent properties, and that the east parcel has been granted a previous Special Review approval by the BOCC pursuant to Resolution No. 037- 2011, in effort to reduce the impact of the commercial storage business to the adjacent neighbors, it is appropriate to centralize the operations of the east and west parcels to an area in the middle of the properties and govern both properties under one resolution. Page l of 11 3 RECEPTION#: 6227921 08/27/2015 at 03:56:00 PM, 2 OF 11, Janice R. Vos Caudill, Pitkin County, CO 8. The BOCC further finds that the Applicant has represented that the proposed commercial use will consist of only a 1,000 square fool garage and generate less than 3 employees, and is therefore exempt from Commercial GMQS. The Applicant is, however, not exempt from the affordable housing impact fee but has the ability to request an independent fee calculation. 9. The BOCC further finds that the Lot is generally constraint free and that the Activity Envelope and Site Plan conforms with Chapter 7 of the Land Ilse Code. NOW, THEREFORE, BE IT RESOLVED that the Pitkin County Board of County Commissioners approve the Nakagawa Activity Envelope and Site Plan, Special Review for Landscaping and Building Materials Storage, and GMQS Exemption for a Commercial Development with Insubstantial Growth Impacts, subject to the following conditions: I . 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. Additional 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. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalisation and recordation. 4. Upon Certificate of Occupancy for the new 1,000 square foot commercial building BOCC Resolution No. 037-2011, BOCC Resolution No. 031-2014, BOCC Resolution No. 39-2015 shall hereby be rescinded and replaced with the subject Resolution. The subject Resolution shall govern both the east and west properties. 5. No commercial operations shall occur on the west parcel until a Certificate of Occupancy for the 1,000 square foot building is obtained, however, fencing on the west property boundary as approved pursuant to this Resolution shall be installed immediately. 6. The Applicant shall not store any commercial equipment, materials, or vehicles in any areas other than the areas approved on the site plan. 7. The commercial garage building is limited to 1,000 square feet of floor area. 8. The Applicant shall clearly fence the leach fields on both the east and west parcels so that vehicles do not drive or park over the fields. 9. The commercial storage area in the vicinity of the garage and residence on the east parcel shall he returned to residential use and commercial storage eliminated once the Certificate of Occupancy Page ] ofII iy RECEPTION#: 622792, 08/27/2015 at 03:56:00 PM, 3 OF 11, Janice K. Vos Caudill, Pitkin County, CO is received for the new commercial building and all storage is moved to the new approved storage area. Landscaping and fencing installed as part of BOCC Resolution No. 037-2011 may be permitted to remain. 10. The word "camper' located on the site plan shall be replaced with the word "truck topper". 11. Semi -tractor trucks and/or tractor trailer combinations shall not enter the east or west properties or be stored on the property. 12. The parcels are limited to Nakagawa commercial vehicles, equipment, and trailers as identified in the attached inventory — Attachment C. Commercial vehicles, equipment, and trailers shall be defined in the following manner: a. Vehicles —has an engine and is licensed for road use - identified by its make, model, and general description. b. 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 does not include weed eaters, push lawnmowers, or hand tools. c. Trailers — implements used for hauling loads and towed behind a vehicle, identified using descriptors such as "6x12 enclosed trailer" or "Flatbed with a gooseneck". 13. The Applicant shall comply with the following requirements of the Special Review approval for landscaping and Building Materials Storage a. This use 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. b. Operations related to the storage business shall only occur between the hours of 8:00 AM and 6:00 PM Monday thm Saturday. c. The Applicant shall not conduct operations related to the business on Sundays or federal holidays. d. Retail use of the property is prohibited. e. There shall be no overnight overflow parking of Nakagawa commercial vehicles at the residence on the east parcel. 5 private residential vehicles maximum are allowed on the east parcel at one (1) time. f. All landscaping shall be maintained in a healthy state on both the east and west parcels. Any dead/dying trees shall be replaced immediately. g. A sign shall be constructed on the west parcel that states "caution dangerous intersection" and be placed at a site that is visible to employees exiting onto Hwy 82. The sign shall be compliance with the Code and obtain a sign permit. h. All fencing shall be maintained at all times. Fencing in disrepair shall be repaired/replaced immediately. Pone J of 11 /1!5� RECEPTION#: 622792, 08/27/2015 at 03:56:00 PM, 4 OF 11, Janice K. Vos Caudill, Pitkin County, CO i. 6' wood privacy fencing that mimics fencing on the eastern parcel shall be constructed on the western property line to screen the development from the western neighbor. This fencing shall be depicted on the site plan. j. 6' wood privacy fencing that mimics fencing on the eastern parcel shall also be constructed at the western portion of the commercial parking area to screen the development from the neighbor. This fencing shall be depicted on the site plan. k. Materials stored shall not exceed the height of the 6' wood privacy fencing. I. The storage areas depicted on the site plan shall be used for landscaping staging only and not as primary staging area. There shall be no bulk deliveries by suppliers to the site. 14. Within 30 days of the first anniversary of this approval and every year thereafter, 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. 15. All lighting shall comply with the Land Use Code. Security lighting is prohibited. Any fencing shall be of indigenous earth tone colors and of wood and/or wood composite materials. There shall be no signage. 16. The future garage shall utilize indigenous earthtone colors and non -reflective roofing. 17. All exterior door knobs shall have round handles. Fruit hearing trees are prohibited. 18. At building permit application for the garage, the Applicant shall: A. Submit for a stormwater permit from the State of Colorado if site disturbance exceeds one (1) acre. B. Submit a County access/driveway/mmaround permit acceptable to the Basalt and Rural Fire Protection District and County Engineer. C. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. All slopes steeper than 2:1 shall utilize erosion control blankets. D. Submit a construction management plan for review and approval by the Planning Engineer showing the locations of staging, material storage and employee and construction traffic parking. E. Pay the applicable road and housing impact fees. F. Submit for an OWTS permit with the Environmental Health Department. 19. The Applicant shall adhere to the low wildfire standards below: A. Defensible Space: 1. Brush, debris and non -ornamental vegetation shall be removed within a minimum ten - foot (10) perimeter around all structures. Paga 0 a/ll RECEPTION#: 622792, 08/27/2015 at 03:56:00 PM, 5 OF 11, Janice K. Vos Caudill, Pitkin County, CO 2. The properly owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. All roof coverings shall be constructed of a Class A roof and installed on a Class A roof assembly. 1. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: a) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. b) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. c) Protrusions above the roofline, such as parapets, shall be prohibited. d) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. C. The Applicant shall comply with the following maintenance and miscellaneous requirements: I. Roofs and gutters shall be kept clear of debris. 2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (Y-) inch maximum. 3. Yards shall be kept clear of al I litter, slash and Flammable debris. 4. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feel away from any structure. 5. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 6. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 7. Fences shall be kept clear of brush and debris. 8. Wood fences shall not connect to other structures. 9. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire -resistive construction on the exterior side of the walls. 10. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 11. The Applicant shall comply with all requirements of the Basalt and Rural Protection District Code and the 2009 International Building Code. 20. Addresses shall be clearly marked with four (4) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non- combustible post. 21. Proof of legal water supply for the property and structure shall be submitted to the Community Development Staff at building permit submittal. 22. The use shall expire after any continuous twelve (12) month period of non-use. Page J ofll RECEPTION#: 622792, 08/27/2015 at 03:56:00 PM, 6 OF 11, Janice K. Vos Caudill, Pitkin County, CO 23. 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 June &4'. 2018. 24. 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. Pa,5 ftt RECEPTION#: 622792, 08/27/2015 at 03:56:00 PM, 7 OF 11, Janice K. Vos Caudill, Pitkin County, CO NOTICE OF THE PUBLIC HEARING WAS PUBLISHED IN THE ASPEN MIES on the 5th day of Match, 2015. APPROVED this 24a day of June, 2015. PUBLISHED AFTER ADOPTION- FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the 3'64 day of 2015. ATTEST: BOARD OF COUNTY COMMISISONERS OF PITKM COUNTY, COLORADO 1w aff 1 elle Jones, 00,1-10 pantlerk B ✓"4 Rachelddichards, Via - Chair Date 901-5 APPROVED AS TO FORM: APPROVED ASTOCONTENT: rr'''' ` W John Ely, in y Hcuben, County m Community Development Director PIDY 24671740=4 Po 15 / cf Page 2 pill RECEPTION#: 622792f 08/27/2015 at 03:56:00 PM, 8 OF 11, Janice K. Vos Caudill, Pitkin County, CO Attachment A Legal Description far west parcel A parcel of land slWated In Tracts 55 and 57, all In Section 17, TovMmip 8 South. Renee 86 Wee, of Ow 61h Principal Meridian, PWn County, Colorado, Mng Noreweeterly of and adjacent to Slate Highway No. 82 and Soother!/ of a ferns as constructed and In Plam, described ant folow,'. enginnlg at a Point on said lence whence Angla Point No. 1 of said Tract 67, berg the same as Angle Point No. 8 of Tract 56, users N. 73'31'W 6.58 feat; them S. 68'52W E 168.81 bet along eetl rence; thence S. 68'68'50" E 21.07 feat along said farm; glen S. 41'55 W. 302.41 feel M a paint on the Nodhemtedy dghta4wW Ina of said highway, than N. 44'30' W 165.40 feat Hong Ne Nodhmeledy dghI-&,.y Ilne of eetl highway; thence N. 41'65' E. 226.40 fee b a point on eetl fence, the poled of beginning, mntalnlig 1.00 acre, mora or lees. Mgeher with 6 1/2 percent of an undvided 83341 inlarse In Kmhu Ouch and w r rjghM pzgm5 -r , ac RECEPTION#: 622792, 06/27/2015 at 03:56:00 PM, 9 OF 11, Janice K. Vos Caudill, Pitkin County, CO Attachment B Legal Description for east parcel TtKt 55 Qumter. SE Sedum: 17 Township: 8 Raoge: 86 PARCEL OF LAND IN TRACTS 55 & 571N SEC 17-8-86 LYING NELY OF & ADT 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 U8 OF TR 56 BEARS N 69 DEG 53150"W 184.26 FT TH S 68 DEG 58'50"E 140.49 FT ALNG SAID FENCE TH S 41 DEG SSW 360.74 FT TO A IT ON THE NELY ROW LINE OF SAID HWY TTI N 44 DEG 30'W 131.50 PT ALNO THE NELY ROW OF SAID HWY TH N 41 DEG SSE 302A FT TO A PT ON SAID FENCE THE POB CONT I.D AC+/- TOGEnM WITH 6.5%OF AN UNDIV 83/341 IM' IN THE . RESTER DITCH #92A & WATER RIGHTS Page n of j/ RECEPTION#: 622792, 06/27/2015 at 03:56:00 PM, 10 OF 11, Janice K. Vos Caudill, Pitkin County, CO Attachment C Business Inventory: ( Please note Not all Vehicles will beat this location at once.) - Equipment Snowplows Snow blowers - Material I Not to exceed the height of b' Art Compressor Wooden pbvacy Fence) Bobcats Utility Trailers Wood Fendng Truck Topper Metal Truck Bed Racks Stone Rlding Mowers Gnder Blocks Hand Tools Brick rrlgatlon Piping Vehicles Toyota Pickup GMC Dump bed Short Term staging Materials GMC Pickup (Please note that these materials will be Ford Dump bed staged short term, for pmJects There will be Ford Pickup no retail bulk material deliveries by senders Mitsubishi Flatbed with the exception of Nakagawa's personal Jeep Wranglers vehicles and employees. I Mulch Soil Gravel Flowers Peg¢ 11, o/ ll '` �� .- '/ � �? �, i :Q,�'� • _' _ . . '5.�� _�� � �k ��� __.��__� giIATCH LEGEND CDOT PERNIA MO=NO, M.0121,(dt9T®RE=?x)4163% II 1 Nakagawa's Landscaping, LLC - 24041 Colorado State Highway 82 ACTIVITY ENVELOPE, SITE PLAN, & LANDSCAPE PLAN Pitkin County, Colorado West Parcel IN 246717400024 East Parcel IN 246717400023 � t4, - FFP+yyl� East Parcelk•� y i SCALE: 1"=20' CONTOUR INTERVAL: V-0" Nakagawa's Landscaping, LLC - 24041 Colorado State Highway 82AGtivity Envelope, Us, .8 Landscape Plan , prepared by The Land Studio, Inc. and based on a survey provided by Lines in Space. 'Rj%% Z 04> ZI LEGAL DESCRIPTION - WEST PARCEL APAACEL6 WD8IIINTHINLPACIS65AN09,ALLNaEL110N fi, TO'MlSHp a eourN. wNr�eewaaaFTff Iso PPoNCPAL kemAN, mxw ccuxn, vxawoo. Lvwc NOMNEISE3ar a Af® AOM@lTro BTA1E eaNWYlW.a2ANO80lIR6dY CFAFBICEAB W N3NLCr®/HD N RILE. M10 41tA YOrE MAf ILIAAIILY CE9LA•EOAS PotLOAS' ffGWNNGATARYATON EAW fBxE YMBWEANQE WNr N0.1 OF SAW iP/Cr Sy, ffNGiff wwEKNIt3E Nefr NG a OFTNLT 59. BF.fa6 N a'a1W B.eafEEE iXe10E S WSROCE I�Ai FEETALOIG suo f$+�; TI@ICE s m•sasvE nn PEETAkaXG sAW rENc>:; THENCE S11•SSW L2M FEETro AfVMr ON teENOffieffA5lERlY RxartaF-wAr ua:a euD walwAr, T11e10E x N'3AW xs.a rgT ,uoxaTxE raRrxPAeTeur wGrtaE-swv LaE aE wm war+wr. THQit£ X 11.56E Tb.<EEET TOAPoMON SVD FENCE.Ie¢PgM OF ffGINxING. LEGAL DESCRIPTION - EAST PARCEL A PMCEl6 LVW SINATED N TMCr6$AN0 V. ALL N=om 17, TOWNSHIP e SWiH, RANGEm NESTOPTIIEENPAL1Aaa RNNC Mv, caLORAno, LnxG xaTrNEAs1ERLr a,QDATW AnucerrMsrAre HWHvur xo. az ANDSOMIIaiLY SC$tBECEASO]NSTRUCTH1AtANPUCE, MW ffING MORE fMIMCNURLY ffSCPoB®A6 FOLLOWS' ffGwNINOATAPWMW SNDFI]N£VMENCEANGIF POIM N0.1 OFSVOIRACT 61, ffRlG 1HE SAffASAN(xF POIM N0. B CE IRACf 68, BFAPB N5B•53wM' 1Npe FEET; TIelCE sm•sesrE tan P>£TaonG SAID RNCE; THENCE s 11.65W 3W.11 F$T 10APoIM CN THE NORTHFAaiEFdY PoG11T-0F-WAV LNE 6 SND MOIWAY; IXEXCENN•aPN 13150 fEEf ALONG IHE NORfIffASTERIY RIGXr-0FWAY UNEOSAW NWHWAY; THENCEXII•SSEYR.II FEETTOAPOIM ON SAID fiNCE,TIE PoIM 6 ffaNNING PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS APPROVAL Tips AcM Envelope and Sle Ran toes been nNlkAwd and approved by On Boats of County CwnmbNOnNs fhlsZ day of �2015, sublect to the loos bad mrdle ns of tlR Re$*dDn No(rZEW.mrded x Ne PIi1b Counry Clerkand RecoNeh Office m C��1s24/. c osl�s/awls aIR Ymcr ✓51 CASES -I �. CLERK AND RECORDER ACCEPTANCE FOR RECORDING This Amvity Envelope ad Site Plan has been acepbd for MN in Me omni N the Clerk e RemNar of PMln Cmnry, Colorado, on Nis 3]_ days 2015, m Plat Book 11�w Pape 21 C adR exp REcaenONF. sane. "Nmmisa N:x:ss vM.l or +, a sn.00 mtnc v". �„eui, vuxX, c"o,xy,ro DISCLAIMER PUT eN 112 PG 21 ApO¢ant ackrwM"dges Na heJ ne nae been kdoored by PRIdn County oft the essence of eamornenlal haeaid areas that might a5ar the propeM, any Improvenen6, and the use and mcupanry Hereof. Toe taovsbre WVie Pitkin County apum5oes m trot in any wry a6Jre r vejl r Nat eaa5gd5i]e d it lAnat� oft s aree5 Hill be hee , nazads, er Nat amrovetl mitlparon measures x+11 Avaraica tle salary d any aAANty /I A ' 1 1 D"it: 8-17-2 16 ,� n.R YI.I AKAC A'VA PRM+f I A -k LEGEND AND NOTES - wuu'a$wacwks.wn Rivendell's Native Low Grow Mix • Fouor®.w ewus tors Seeding Rate'. 5 LM. pee 1 000 SO F1 O 9E N PFBW 25.0%8e Gama S � 20.0%BWiue Fespe 15.0% Idaho Feswa ��oFv 102% Arizona Fesae ----mcxaMaurs 100% Alpine Bluegass _'ir_omeAn ummLva 10.0%Indian Rlmgass 5.0%Saodbap Blue _ FarcE UA 25%Botbedrush Squmeltad ------- seTwcsLK 2.5% Pavie Junegrass 411NFq@NTInN NNNMiEIffdM FECAPLNG FASEAIEN'SAW OTXEx ENLUM3MNCEa ei P>:mAowrsoerAwEnRxN,wosuazcrmAHiIE ixsuauxa cauwtsrExr FrmvlpEo ev msN caxrtY nnE uc, epos' xo ®1Nn. oaEn onvm I I A4mA 6A n� e pTTACHME�'� �' RECEPTIONM 621241, 0 710 21201 5 at '1 03:29:20 PM, 1 OF s, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PTTKIN COUNTY, COLORADO, GRANTING ANNUAL REVIEW APPROVAL TO THE NAKAGAWA SPECIAL REVIEW PERMIT Resolution No. d�-2015 RECITALS 1. By Resolution No. 073-2011, the Board of County Commissioners of Pitkin County, Colorado (BOCC), granted a special review use permit to Heitor Nakagawa, (Applicant) for `Building Materials and Landscaping Storage" for the Nakagawa Landscaping business. 2. Resolution No. 073-2011 requires an annual review of the operations at a public hearing for compliance with all terms and conditions of the resolution, in addition to Resolution No_ 31- 2014 which approved the previous year's operations. (Attachment A, Legal Description). 3. On May 27h,. 2015, the BOCC held the annual review of the Nakagawa Special Review Permit for the 2014 operating year where -members of the public had opportunity to voice their comments. 4. The BOCC determined that the Applicant has operated in compliance with the terms of Resolution No. 073-2011, and is subject to the conditions outlined below. NOW, TBEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Pitkin County, Colorado, hereby accepts the Nakagawa Annual Review Report of the 2014 operations and requires the following measures in order to find the Applicant in compliance with terms and conditions of approval. 1. All material representations made by the Applicant in the application, in subsequent correspondence, and at the public hearing shall be adhered to and considered conditions of approval. 2. The Applicant shall continue to be bound by all conditions of Resolution No. 073-201 L 3. The Applicant shall not park any commercial vehicles on the adjacent lot to the west or in any unapproved areas and in accordance with Resolution No. 073-2011. 4. Storage of Nakagawa business equipment east of the garage is prohibited and shall be in compliance with Resolution No. 073-2011. 5. The revised Nakagawa business inventory can be viewed as Attachment B. Other commercial items not identified on this list are prohibited from being stored at the property. BOCC Resolurion No.. I - 2015 Page Z of 6. There shall be no staging of day to day operations on the subject property. 7. There shall be no staging of landscape materials on the subject property. 8. Ten (10) days in advance to the seasonal swap -out of equipment, the Applicant shall provide written notice to the adjacent neighbors stating when equipment will be moved, duration of the movement, and date(s). 9. Any Notice of Violations (NOV) or "red tags" shall be brought to the attention of the BOCC immediately. 10. A subsequent annual review of the operation shall occur in accordance with Resolution No. 073-2011. BOCC Resolution No -3_ 2015. Page 2 of Ids NOTICE OF PUBLIC HEARING PUBLISHED IN TBE ASPEN TWE.S WEEKLY ON Apci123ro, 2015. APPROVED AND ADOPTED ON THE 27t° DAY OF MAY, 2015. ATTEST: Jones Clerk and Recorder APPROVED AS TO FORM: _0 P...Pj Pmtl: 246717400023 P037-11 BOCC Resolution Noa(t­_ 2015 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Steven F. Child, Chair Date—iAC_ APPROVED AS TO CONTENT: Cindy Houben/ C R Community Development Director Page 3 of3 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 & ADI 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 18426 FT TH S 68 DEG 58'50"E 140.49 FT ALNG SAID FENCE TH S 41 DEC 551W 360.74 FT TO A PT ON THE NELY ROW LINE OF SAID HWY TH N 44 DEG 301W 131.50 FT ALNG THE NF LY ROW OF SAID HWY TH N 41 DEG 551E 302.41 FT TO A PT ON SAID FENCE THE POB CONT 1.0 AC. +I- TOGETHER WITH 6.5% OF AN UNDIV 83/341 INT IN THE KESTER DITCH #82A & WATER RIGHTS ��Z Attachment (i Inventory 2015 Business Inventory: - Equipment 8 Snowplows 6 Snow blowers 1 Air Compressor 2 Bobcats 4 Utility Trailers 2 Truck Bed Racks 3 Mowers - Business Vehicles Red Toyota Pickup White GMC Dump bed Grey Ford Dump bed Mitsubishi Flatbed Jeep Wrangler Jeep Wrangler Please keep in mind this is our inventory list, not everything is kept at this location at once, as we have seasonal change overs. These changeovers consist of changing trucks and equipment depending on what we will be using throughout the season. Winter we use snowplows etc, summer we use mowers and trailers etc. _ _ - 4 Personal Inventory: Material OUTSIDE collected Road Signs Wood Fencing Metals Stones Cinder Blocks Bricks Pickup Bed Cover Row Boat Irrigation Piping INSIDE Windows Furniture Dirt Bikes Tools Mowers Truck Parts -Personal Vehicles 69' Toyota Corona White Ford Pickup Jeep Wrangler Motorcycle Red Toyota Pickup White Corolla This is all Mr. Nakagawa's personal materials that he will use and has used for personal house improvements. Please Keep in, mind that not all his personal vehicles are kept at this location. 3 cr- 11 APPLICATION MATERIAL PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY LOCATION: 24041 Hwy 82 ZONING: AR -10 PID#: 246717400024 SIZE: 0.8 acres OWNER: Heitor Nakagawa REPRESENTATIVE: Doug Pratte PHONE and EMAIL: 927-3690, landstudio2(a?comcast.net DATE: April 15, 2016 PLANNER: Mike Kraemer, 920-5482 Type of Application: Annual Review for the 2015 Nakagawa commercial activities Description of Project/Development: The Applicant is requesting to submit the Elam Annual Review pursuant to BOCC Resolution No's. Land Use Code Sections to be addressed in letter of reouest (auolication): See BOCC Resolution No.'s 061-2015 (Site Plan BKl 12 PG21) and BOCC Resolution No. 039-2015 Staff will refer the application to the following agencies: None Review by: BOCC Public Hearing: Yes. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2-20-100(ax3) of the Land Use Code. In addition, the Applicant shall mail notice (by I" Class mail) to all property owners within 300' of the subject property with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community. FEES: $1,484 (make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $1,300 (non-refundable; based on 4 hours of staff time for review); if staff review time exceeds 4.8 hours, the Applicant will he charged for additional time above 4 hours at a rate of $325/hour) o Public Notice Fee: $54 o BOCC Clerk Fee: $130 To apply, submit 5 conies (1 unbound) of the following information, unless noted otherwise: I. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the resolutions listed above. 2. Proof of ownership of subject property; 3. Parcel description, including legal description and vicinity map; 4. Total fee for review of the application; 5. Signed fee agreement (1 copy); 6. Consent from owner(s) to process application and authorizing the representative (1 copy) 7. List of all property owners within 300' of the subject property (I copy) 8. Copy of this pre -app form 000001 (tic `3v NOTES. Y PLEASE SUBMIT ONE UNBOUNDAND ONE-SIDED COPYOF YOUR COAIPLETEAPPLICA77ON. PLEASE SUBMITTWO-SIDED COPIES OFALL REMAINING COPIES OF YOURAPPMCAYYON (H'POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ONALL DOCUAIVM INCLUDED IN YOUR APPLICATION. ALL MAPS SHALL BE FOLDED. ➢ This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and stag's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. 000F2 AIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (bereinafter "COUNTY") and (hereinafter "APPLICANT") AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for (hereinafter, the "PROJECT"). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 012-2015 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ which is based on_ hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processin PITICIN COUNTY (-AFfP Cindy Houben Community Development Director 000003 B lwhe-1 h 00AIC=�r-- Print Name and Title (if applicable) Date: rJ — 5-- % NO Mailing Address: D I O WPito12- April 15, 2016 Nakagawa's Landscaping LLC Annual Review Dear Pitkin County Community Development Director and the Pitkin County Board of County Commissioners, Nakagawa's Landscaping LLC was approved for a Special Review with vested rights to store vehicles, equipment and trailers associated with this private landscaping/ snow removal business. This parcel is located at 24041 Hwy 82, Basalt, currently developed with a single family home. Since Nakagawa's Landscaping LLC was approved this Special Review the following conditions and improvements have been addressed: Adequately screening of the storage area with fencing and landscaping from Hwy 82, the Old Snowmass trail and the neighbors to the east. Constructed a 6' wooden privacy fence along the east property line, north property line along Old Snowmass trail and south- east of garage to screen storage area. Planted landscaping in the form of conifers along the North, East and South. Two 51b class ABC fire extinguishers have been installed in the general storage area. The leach field has been fully landscaped, so that no vehicles drive over. Removed fencing south of residence. After screening was completed, commercial vehicles, equipment, trailers and personal materials have been stored as needed in the designated areas. Updated inventory list has been included as attachment A. The west and north of the garage has been used to store commercial vehicles, trailers and equipment. The north- east and east side of the garage has been used to store Mr. Nakagawa's personal materials (wood fencing, decorative stones, collected road signs, metals, and irrigation material). The south- east side of the garage has been used to store wheel barrels and snowplows for the business. The garage has been used to store hand tools, salt spreaders, snow blowers in the summer. In the winter we store lawnmowers, hand tools, left over summer materials, associated with the business. Mr. Nakagawa personally stores furniture, tools, lawnmower, dirt bikes, and vehicle parts in the same garage. Also since Nakagawa's Landscaping LLC was approved this Special Review the following operations take place on this lot: eoonY'" - No Retail sales as all services are done at clients properties. - No staging on this property. - Residents of the single family home and Nakagawa's employees only visit this property. - Operating from Sam- 6pm Monday through Saturday. - Always keeping in mind max (5) visits per day. Acknowledge more than (5) visits on off season change over's. - The applicant shall not conduct operations related to the business storage on Sundays or Federal Holidays. (Mr. Nakagawa occasionally mows his lawn and cleans the property on his days off, Sundays and Federal Holidays, like most working people.) I have also included Attachment B an annual business scope to give a better understanding of how Nakagawa's operations are taking place. On June 28, 2012 Mike Kraemer and Carrington Brown came to a Site Visit at the Nakagawa's and found that all was incompliance with the approved Special Review. On July 7, 2014 Mike Kraemer and Tami Kochen came to a Site Visit at the Nakagawa's in relation to a fence permit and while on the property found that all was incompliance with the approved Special Review. Throughout this approval Nakagawa's have also been communicating every seasonal change over by sending letters to advice additional, temporary movement of in and out traffic. On June 24, 2015 Nakagawa's LLC requested a special review approval for storage of equipment associated with the landscaping / snow removal business and to construct a small commercial storage building on the neighboring vacant lot (24041 Hwy 82 Basalt, CO). The Pitkin County Board of County Commissioners approved this special review requested. A 1,000 square foot storage unit for equipment will be constructed this year on the vacant lot, as well as additional screening- landscaping. Fencing for screening has already been installed to screen the construction of the storage unit. This approval will be constructed following all Pitkin County Building regulations and standards. As for any future use of the single family home property if approved by the Community Development Director and the Pitkin County Board of County Commissioner, Nakagawa's Landscaping LLC proposes to continue using this property for storage with no retail sales and in compliance with the conditions set forward, as well as always taking into consideration our neighbors and community. Expectations to future years Nakagawa's will conduct similar uses and activities until new neighboring storage in vacant lot is completed. After storage completion the single family home lot will go back to its original state, a 000005 residential single family lot. All vehicles, equipment and materials will be moved to neighboring lot as approved by The Pitkin County Board of County Commissioners. Nakagawa's Landscaping LLC would like to thank you for letting us be a part of Pitkin County as well as giving small local businesses growing opportunities. Best Regards, Heitor Nakagawa Nakagawa's Landscaping LLC 00000r Attachment A Inventory 2016 Business Inventory: - Equipment 7 Snowplows 6 Snow blowers 1 Air Compressor 2 Bobcats 4 Utility Trailers 2 Truck Bed Racks 3 Mowers - Business Vehicles Red Toyota Pickup White GMC Dump bed Grey Ford Dump bed Mitsubishi Flatbed Jeep Wrangler Jeep Wrangler Please keep in mind this is our inventory list, not everything is kept at this location at once, as we have seasonal change over's. These changeovers consist of changing trucks and equipment depending on what we will be using throughout the season. Winter we use snowplows etc., summer we use mowers and trailers etc... 000007 Personal Inventory: - Material OUTSIDE Collected Road Signs Wood Fencing Metals Stones Cinder Blocks Bricks Pickup Bed Cover Row Boat Irrigation Piping INSIDE Windows Furniture Dirt Bikes Tools Mowers Truck Parts - Personal Vehicles 69' Toyota Corona White Ford Pickup Jeep Wrangler Motorcycle Red Toyota Pickup White Corolla This is all Mr. Nakagawa's personal materials that he will use and has used for personal house improvements. Please keep in mind that not all his personal vehicles are kept at this location. Attachment B Annual Business Scope 2016 January 1- March 15 (Storage) Visits - (1) visit a week (Occasionally to pick up, or check Inventory) Inventory - Equipment: 1 Air Compressor, 4 Utility Trailers, 2 Truck Bed Racks, Push Mowers Vehicles: White GMC Dump bed, Mitsubishi Flatbed, Grey Ford Dump bed, Red Toyota Pickup March 15 - April 15 (Weather Dependent) (Change Over) Visits - (3) visits daily (To exchange vehicles, equipment and needed materials) April 15 - September 1(Storage) Visits - (4) visits weekly (To exchange vehicles, equipment and needed materials) Inventory - Equipment: 1 Air Compressor, 3 Utility Trailers, 2 Truck Bed Racks, 8 Snowplows, 6 Snow blowers, 1 Bobcat. Vehicles: White GMC Dump bed, Mitsubishi Flatbed, Grey Ford Dump bed, Jeeps September 1- November 1 (Weather Dependent) (Change Over) Visits - (3) visits daily (To exchange vehicles, equipment and needed materials) November 1- December 31 (Storage) Visits - (1) visit a week (Occasionally to pick up, or check Inventory) Inventory - Equipment: 1 Air Compressor, 4 Utility Trailers, 2 Truck Bed Racks, Push Mowers Vehicles: White GMC Dump bed, Mitsubishi Flatbed, Grey Ford Dump bed, Red Toyota Pickup 0000F RECEPTION#: 621241, 07/02/2015 at 03:29:20 PM, 1 OF s, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING ANNUAL REVIEW APPROVAL TO THE NAKAGAWA SPECIAL REVIEW PERMIT Resolution No. d3Y -2015 RECITALS 1. By Resolution No. 073-2011, the Board of County Commissioners of Pitkin County, Colorado (BOCC), granted a special review use permit to Heitor Nakagawa, (Applicant) for `Building Materials and Landscaping Storage" for the Nakagawa Landscaping business. 2. Resolution No. 073-2011 requires an annual review of the operations at a public hearing for compliance with all terms and conditions of the resolution, in addition to Resolution No. 31- 2014 which approved the previous year's operations. (Attachment A, Legal Description). 3. On May 27'",_ 2015, the BOCC held the annual review of the Nakagawa Special Review Permit for the 2014 operating year where members of the public had opportunity to voice their comments. 4. The BOCC determined that the Applicant has operated in compliance with the terms of Resolution No. 073-2011, and is subject to the conditions outlined below. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Pitkin County, Colorado, hereby accepts the Nakagawa Annual Review Report of the 2014 operations and requires the following measures in order to find the Applicant in compliance with terms and conditions of approval. I. All material representations made by the Applicant in the application, in subsequent correspondence, and at the public hearing shall be adhered to and considered conditions of approval. 2. The Applicant shall continue to be bound by all conditions of Resolution No. 073-2011. 3. The Applicant shall not park any commercial vehicles on the adjacent lot to the west or in any unapproved areas and in accordance with Resolution No. 073-2011. 4. Storage of Nakagawa business equipment east of the garage is prohibited and shall be in compliance with Resolution No. 073-2011. 5. The revised Nakagawa business inventory can be viewed as Attachment B. Other commercial items not identified on this list are prohibited from being stored at the property. BOCC Resolution Not 2015 Page Iof3 6. There shall be no staging of day to day operations on the subject property. 7. There shall be no staging of landscape materials on the subject property. 8. Ten (10) days in advance to the seasonal swap -out of equipment, the Applicant shall provide written notice to the adjacent neighbors stating when equipment will be moved, duration of the movement, and date(s). 9. Any Notice of Violations (NOV) or "red tags" shall be brought to the attention of the BOCC immediately. 10. A subsequent annual review of the operation shall occur in accordance with Resolution No. 073-2011. BOCC Resolution No-I�— 2015. Page 2 of 3 0000-10 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TBIFS WEEKLY ON April 23'", 2015. APPROVED AND ADOPTED ON THE 27t° DAY OF MAY, 2015. ATTEST: Clerk and Recorder APPROVED AS TO FORM: KD$:246117400023 P037-11 BOCC Resolution Noa(t 2015 000011 BOARD OF COUNTY COMMISSIO OF PITI{IN COUNTY, COLORADO By—itt�n Steven F. Child, Chair I:. j Fun» APPROVED AS TO CONTENT: Cindy Houben Community Development Director Page 3 oj3 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 & AD] TO HW Y 82 & SLY OF A FENCE AS CONSTRUCTED & IN PLACE BGNNG AT A PT ON SAID FENCE Wil ANGLE PT #1 OF TR 57 BEING THE SAME AS ANGLE PT #8 OF TR 56 BEARS N 69 DEG 53'50"W 18426 FT TH S 68 DEG 58'50"E 140.49 FT ALNG SAID FENCE TH S 41 DEG 55`W 360.74 FT TO APT 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 551E 302.41 FT TO A PT ON SAID FENCE THE POB CONI' 1.0 AC+/- TOGETHER WITH 6.5% OF AN UNDIV 83/341 INT IN THE KESTER DITCH #82A & WATER RIGHTS Attachment (2 Inventory 2015 Business Inventory: - Equipment 8 Snowplows 6 Snow blowers 1 Air Compressor 2 Bobcats a Utility Trailers 2 Truck Bed Racks 3 Mowers - Business Vehicles Red Toyota Pickup White GMC Dump bed Grey Ford Dump bed Mitsubishi Flatbed Jeep Wrangler Jeep Wrangler Please keep in mind this is our inventory list, not everything is kept at this location at once, as we have seasonal change over's. These changeovers consist of changing trucks and equipment depending on what we will be using throughout the season. Winter we use snowplows etc, summer we use mowers and trailers etc.. 000021 ,On^^ 3 L :.1 ll 'J J. Personal Inventory: Material OUTSIDE Collected Road Signs Wood Fencing Metals Stones Cinder Blocks Bricks Pickup Bed Cover Row Boat Irrigation Piping INSIDE Windows Furniture Dirt Bikes Tools Mowers Truck Parts - Personal Vehicles 69' Tayota Corona White Ford Pickup Jeep Wrangler Motorcycle Red Toyota Pickup White Corolla This is all Mr. Nakagawa's personal materials that he will use and has used for personal house improvements. Please Keep in.mind that not all his personal vehicles are kept at this location. 3 er- Lt PITKIN COUNTY PERMIT # 0219.2015.PRGR OWNER: HEITOR NAKAGAWA CONTRACTOR: LICENSED CONTRACTOR NOT REQUIRED STREET ADDRESS: 24041 HWY 82 BASALT CO 81621 USE CLASSIFICATION: USEZONE: OCCUPANCY GROUP: OCCUPANT LOAD: DATE ISSUED: 912312015 TYPE OF CONSTRUCTION: COMMENTS: THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN ONE YEAR, OR IF CONSTRUCTION OR WORK IS SUSPENDED ORABANDONED FORA PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. THIS CARD MUST BE POSTED SO IT IS PLAINLY VISIBLE FROM THE STREET. FAILURE OF PERMITTEE TO CALL FOR INSPECTION AS PROVIDED BY ORDINANCES MAY RESULT IN PENALTY. INSPECTIONS REQUESTED BY7 AM WILL BE DONE THAT DAY; RL•OVEMAFTER 7 AM WILL BE DONE THE NE.PT DAY ALLOW THE WHOLE DAY FOR INSPECTION TO BE MADE WSPECTION LINE (970) 920-5532 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT (970) 920-5526 if- . 1 ' 6;'; � qg�� t A slip 1}til i�1 A L '9 C1 , z 1ST }Tial g� � fill �r��j Will Fiat° e�° °s a� jg� ;Pt Sv MINJ A1 9 X< i Q[� a• _ a n bg`A® l �!d' �t ' 6;'; � qg�� t A slip 1}til i�1 A L '9 C1 , z 1ST }Tial g� � fill �r��j Will Fiat° e�° °s _ jg� ;Pt Sv MINJ A1 9 X< yJs4� c� o r � a• _ a n bg`A® i.iQgdQ �!d' �t $ � ab v 1F` all Capp g9gg} je E€Y � GiG �iIi�e��b HIM ' 6;'; � qg�� t A slip 1}til i�1 A L '9 C1 , z 1ST }Tial g� � fill �r��j Will 000015 7 Fiat° e�° °s e` ore J o r+ f �9 9 X< yJs4� c� o r � a• _ a n E � $ � ab 000015 7 �,.me so �z x�, r do,:n�a• � SEP 0 9 N5 Community Cewlcpment Fiat° e�° °s e` ore J o 05° yJs4� c� o r � SOE� Jss �5 .1°"J SSS �,.me so �z x�, r do,:n�a• � SEP 0 9 N5 Community Cewlcpment 02192015QW June 29, 2015 ,, ppiicant: Heitor Nakagawa, represented by Jimmy Nakagawa and Doug Pratte. Parcel: 24041 Hwy 82 Basalt, CO 81621 On June 24, 2015 the applicant requested a special review approval for storage of equipment associated with a landscaping/ snowplowing business and construction of a small commercial building on a vacant parcel ( 24041 Hwy 82 Basalt, CO 81621). The Pitkin County Board of County Commissioners approved this special review request. As illustrated on attachment A the applicant would like to initiate the construction of fencing around the storage perimeter and planting of trees and shrubs as well as grading on North, East, South and West around the approved storage perimeter and relocating the driveway for the purpose of screening as approved by the Board of County Commissioners, prior to any construction of the building. Materials, tools and equipment will be staging behind existing screening for minimal visibility. Thank you, Jimmy Nakagawa Nakagawa's LLC P.O Box 1864 Aspen Co 81612 970-379-7953 nakagawa0l@comcast.net Douglas Pratte, ASLA The Land Studio, Inc. 970-927-3690 landstudio2@comcast.net noon. Pitkin County SEP 0 9 2015 Community Development RECEPTION#: 622786, 08127/2015 at 03:55:54 PM, I OF 7, R $o.00 Doc Code LEASE Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE PITKIN COUNTY, COLORADO, BOARD OF COUNTY COMISSIONERS GRANTING APPROVAL FOR THE NAKAGAWA ACTIVITY ENVELOPE AND SITE PLAN REVIEW, SPECIAL REVIEW FOR BUILDING MATERIALS AND LANDSCAPING STORAGE, AND COMMERCIAL GMQS EXEMPTION BOCC Resolution No. &/ -2015 RECITALS 1. Heitor Nakagawa (hereafter referred to as "Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado CBOCC") for Activity Envelope and Site Plan Review, Special Review approval to store vehicles, equipment, and trailers associated with a private landscapingisnowplowing business, and Commercial GMQS Exemption for Insubstantial Growth Impacts for a 1,000 square foot garage. . 2. Two parcels are owned by the Applicant identified as the "ease' and "west" parcel. The parcels are located off Hwy 82, in the general vicinity of the County known as Holland Hills. West Parcel (vacant), PID#: 246717400024, Legal Description, Attachment A. East Parcel (developed with a single family residence and detached garage), PID# 246717400023 Legal Description, Attachment B. Both parcels are zoned AR -10, approximately 1.1 acres, and are non -conforming in size. 3. The west parcel is relatively flat, free of vegetation, and generally constraint free pursuant to Chapter 7 of the Land Use Code. An Activity Envelope was approved for the property pursuant to Hearing Officer Decision No. 01-2012 (Reception No. 587523). The Activity Envelope Plan was approved pursuant to BK99 PG 52 (Reception No. 587641). A Site Plan for landscaping, berming, and installation of a driveway was approved pursuant to Administrative Decision No. 56-2012 (Reception No. 591450) with the Site Plan recorded at BKI00 PG64 (Rec. No. 591451). Landscape berming within the Hwy 82 setback was approved and received a variance pursuant to BOA Resolution No. 13-2012 (Rec. No. 596533). 4. The east parcel received Special Review approval for Building Materials and Landscaping Storage pursuant to BOCC Resolution No. 037-2011. 5. The BOCC heard the request at a duly noticed public hearing on April 8, 2015 and continued public heating on June 240', 2015, at which time, testimony was presented to the Board regarding the request Public notice was published in the paper on March 5'h, 2015. The BOCC also conducted a site visit at the Nakagawa properties on April 21, 2015. 6. The BOCC finds that the Applicant has satisfied the Special Review criteria for the Building Materials and Landscaping Storage Use and that if conducted as represented, the use is compatible with other commercial uses in the area and will have minimal impact on neighbors. 7. The BOCC further finds that because the Applicant owns adjacent properties, and that the east parcel has been granted a previous Special Review approval by the BOCC pursuant to Resolution No. 037- 2011, in effort to reduce the impact of the commercial storage business to the adjacent neighbors, it is appropriate to centralize the operations of the east and west parcels to an area in the middle of the properties and govern both properties under one resolution. rage I Of if �� 001-> is received for the new commercial building and all storage is moved to the new approved storage area .Landscaping and fencing installed as part of BOCC Resolution No. 037-2011 may be permitted to remain. 10. The word "camper" located on the site plan shall be replaced with the word "truck topper". 11. Semi -tractor trucks and/or tractor trailer combinations shall not enter the east or west properties or be stored on the property. 12. The parcels are limited to Nakagawa commercial vehicles, equipment, and trailers as identified in the attached inventory — Attachment C. Commercial vehicles, equipment, and trailers shall be defined in the following manner. a Vehicles —has an engine and is licensed for road use - identified by its make, model, and general description. b. Equipment — implements used for engaging in the landscaping/snowplowing business. This includes, but not limited to, implements such as a `Bobcat" or "slid steer", or "riding lawmnower", or "snow plow . This does not include weed eaters, push lawmnowers, or hand tools. c. Trailers — implements used for hauling loads and towed behind a vehicle, identified using descriptors such as "6x12 enclosed trailer" or "flatbed with a gooseneck". 13. The Applicant shall comply with the following requirements of the Special Review approval for Landscaping and Building Materials Storage a This use 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. b. Operations related to the storage business shall only occur between the hours of 8:00 AM and 6:00 PM Monday thru Saturday. c. The Applicant shall not conduct operations related to the business on Sundays or federal holidays. d. Retail use of the property is prohibited. e. There shall be no overnight overflow parking of Nakagawa commercial vehicles at the residence on the east parcel. 5 private residential vehicles maximum are allowed on the east parcel at one (1) time. f. All landscaping shall be maintained in a healthy state on both the east and west parcels. Any dead/dying trees shall be replaced immediately. g. A sign shall be constructed on the west parcel that states "caution dangerous intersection" and be placed at a site that is visible to employees exiting onto Hwy 82. The sign shall be compliance with the Code and obtain a sign permit. h. All fencing shall be maintained at all times. Fencing in disrepair shall be repaired/replaced immediately. Pugs 3 of 11 2. The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. All roof coverings shall be constructed of a Class A roof and installed on a Class A roof assembly. 1. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: a) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. b) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. c) Protrusions above the roofline, such as parapets, shall be prohibited. d) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. C. The Applicant shall comply with the following maintenance and miscellaneous requirements: 1. Roofs and gutters shall be kept clear of debris. 2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth ('/4) inch maximum. 3. Yards shall be kept clear of all litter, slash and flammable debris. 4. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 5. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 6. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 7. Fences shall be kept clear of brush and debris. 8. Wood fences shall not connect to other structures. 9. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire -resistive construction on the exterior side of the walls. 10. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 11. The Applicant shall comply with all requirements of the Basalt and Rural Protection District Code and the 2009 International Building Code. 20. Addresses shall be clearly marked with four (4) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non- combustible post. 21. Proof of legal water supply for the property and structure shall be submitted to the Community Development Staff at building permit submittal. 22. The use shall expire after any continuous twelve (12) month period of non-use. page S alll NOTICE OF THE PUBLIC HEARING WAS PUBLLSHED IN THE ASPEN TI IES on the 5th day of March 2015. APPROVED this 24d' day of June, 2015. PUBLM" AFTER ADOPTIO�VESTED REAL PROPERTY RIGHTS in the Aspen � Times Weekly on the day of ✓ 2015. ATTEST: Jones, Deputy APPROVED AS TO FORM: John Ely, County om PM# 24671740002A P009-15 TNO"] Clerk BOARD OF COUNTY COMMLSISONERS OF PITKiN COUNTY, COLORADO BULVice-Chair Rachel 'char Date 5'i/ 9Oft5 APPROVED AS TO CONTENT: C � in Houten, Community Development Director Page 7 of ll Attachment B Legal Description for east parcel. Tract: 55 Qmter. SE Section: 17 Townft.- 8 Ranglw 86 PARCEL OF LAND TN -TRAM 55 Bc 57 IN SEC 17.5-86 LYINGNELY OF & ADJ TO HWY 92& SLY OF A PENCE AS CONSTRUCTED & IN PLACE BGNNG AT A PT ON SAID PENCE 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 IT TIi S 68 DEG 58'50" E 140.49 PT ALNG SAID PENCE TH S 41 M SSW 360.74 FT TO A PT ON THE NELY ROW LINE OF SAID HWY THN 44 DEG 30'W 13130 PT ALNG THE NBLY ROW OF SAID HWY THN 41 DEG SSB 302AI FT TO A PT ON SAID FENCE THS POB CONT T.D AC -H -TOGETHER WITH 6.5% OF AN IJNDTV W4I INT IN THE SES'1ER DITCH #82A & WATER RIGHTS Page 9 of 11 000021 EIGHBrr "A" - KESTER DUCH Shareholder Shares Percentage Interest of Shares Outstanding (to be completed and updated after issuance of stock) Guido Meyer 541 Roaring Fork Club 562 Bob Morrow / '9T Darwin Barta 13 Greg & Pat Kiranoff �8 Holland Hills Subdivision 171 Ed and Cheri Booher 50 John Wix 10 Telio and Margaret Cerise 3 Teleo and Angelina Caparella 3 Roger and Jacqueline Steele 3 Stan and Nancy Boothe 3 Kevin and Carol Carbone 3 Scott and Cathy Miller 3 H mo" SToP,RI K�/iEe 47 3DNN1� WIX 3 TOTAL 2? w:\HouaodiBUs1429elDom\Fxh!bMnmtsKnsferwpd , 0000''3 Wo O PITKIN COUNTY BUILDING PERMIT APPLICATION 130 S GALENA Sr ASPEN, CO 61611 �l OFFICE PHONE 970-920-5526 FAX: 976920-5439 1 'j •' 1 ` ', I, {' �1 1 1NSPEMON LINE: 970920.5532 htm•//www aspenpitkin.com t I t vw P it Number tOffi a Use OnNI Permit PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBERI 00039019 name: Cash $175.00 Date:9/23/2015 Project Address: 24041 HWY 82 Type: cash # $175.00 Permit Number 0219.2015.PRGR ` 0002 Fee Description PB- Zoning Deposit Amount 175.00 Total. 175.00 000026 z O F ? N a N E U � _ O C VWi v Y h d d U h a O C e C b a G 0 01 C N� s m = W y W m a ° U O a OU d 45 u m u m N r E O N N h d d U h 0 (g) W ° m 0 y u m N� s m = W y a m a m = m` a o a � d a ° U O a OU d 45 u m u m r E O N N U d d U o 0 (g) W ° m v y u m r E N N U a udll U vF A e � j ^ N b o U N� s m = W y a m m iC a E N U W w r. N� s m = � mom o U a m m` a 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 55V 360.74 FT TO A PT ON THE NELY ROW LINE OF SAID HWY TH N 44 DEG 30V 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 0000?7 Pitkin County Parcels % Pitkin County Parcels Pan ?00023 1 V . I . -A PARCEL BUSINESS FORK CLUB G http://205.170.51.230/website/parcels/viewer.htm 20 Page 1 of 1 Layers YMMACIN R Q Cities &Towns I o O UGB / M O Addresses R O Trails 0 O PLS TR 5/3/2011 ❑) O PLS—TR—SEC 2 O Airport (] O Major Roads Z'•, �— 0 O Roads 0 Eagle and Garfield O CO Roads 2 of Pavement O � Aspen t�aEdge W Edge of Pavement O f Pitkin Drives XAWO 0 O Rivers & Streams ❑p O Subdivisions R O Mines R O Aspen Blocks [ifl O Aspen Lots R O Structures 0 Q Condos Z QQ Parcels ❑v O 100ft Topo R O Lakes & Ponds 0 Q Federal Lands ❑ AERIAL PHOTOS '08 Aspen Area ❑ '10 RFV Basalt '10 RFV North ❑ '10 RFV Mid 0 '10 South Snowma ❑ '10 RFV South SUFFIXINNER ❑ '10 RFV Far South Ro BASAI '10 RFV East HWY82 ❑ 110 Crystal North 5/3/2011 CHAPTER 4: PERMITTED USES 4-20: Permitted Use Table 44"0: Uses in PUB.1 U and ac1rec-2 districts 0000?9 Pltidn County, Colorado Land Use Code Page 10.' July 2006 A Intended for Rural Areas Intended for Urban Areas Eit TABLE 4-1:her PERMITTED USES Rural Districts B Rersidential District Special - Purpose _ RS RR RS PS LI TR T R R§ A A S B R R R VR MH AH AH 6 VC P "f - — R- -R R K- P G 1 35 - 1 2 30 - - 1 1 30 15 6 P 2 1 Use - Use Category/ 6 35 & 10 2 - & U Specific Use Type 0 20 R 15 D Regulations E A § C 15 B Meeting Hall or Conference Cente (formerly Reception S S S M IS S §4-30A40(o) Halls and Meeting Facilities p Restaurant and/or Ba M A A A S (u) Timesharing o' M S §4-30-040(x) Fractional Ownership; Office and Clinic Uses Financial Institution M S S §4-30.040 Medical or Dental Clini M IMMIA A §4-30-040(n) � A A M §4-30-040(p Research Facil' S M §4-30-040 t) Sales and Service Uses Arts and Craft Studio A A A A §4-304040(h) 4 Building Materials an Landscaping (forme =(e) Equipment Supplies ark S S A Contracting Subcontracting General Servi $ q �) Personal Service Cu M A A A (r) Retail Sale of Good (formerly Places fo j) M A A A §4.30-040(v) Retailing of Goods Vehicle and Equipment Uses Automobile Parking Commera M S S M S Automobile Servi Statio 8 A 3 §4-30040(c) Vehicle and Ai Sales and Servi - (formerly Vehicle an S M Aircraft Relat Business OtherPrincipal Uses Cellular TelephoneS S S S S S S S MMS S M S §4+30 FaGI 040 Junk Yard S S S §4-30- Radiota S Transmittin STatio§4-30-040(r) S S S S _ S S M S S S S S S S S issss M se by Federal Penn S S S S S S S S M S S S S S S S S M S 0000?9 Pltidn County, Colorado Land Use Code Page 10.' July 2006 A Nakagawa's application for Special Review List of property owners within 300 feet of my property located t 24041 Hwy 82 Basalt, CO 81621 1) Telio Cerise P.O. Box 305 Basalt, CO 81621 (8007008) 2) Nancy Boothe P.O. Box 56 Snowmass, CO 81654 (24411 Hwy 82 Basalt) 3) Khatchgar LLC 300 Cody LN Basalt, CO 81621 (24451 Hwy 82 Basalt) 4) Steele Family Trust 2980 B 1/2 Rd Grand Junction, CO 81503 (24351 Hwy 82 Basalt) 5) Roaring Fork Club LLC 24398 Hwy 82 Basalt (100 Arbaney Ranch Rd Basalt) 000030 MISCELLANEOUS DOCUMENTS County of Pith } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITIUN COUNTY LAND USE CODE SECTION 2-20-100 1 ,being or representing an Applicant to the Pitkin County Development Department, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by fust -class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to all owners of property within 300' to the subject property, as indicated on the attached list, on theIQ day of + �E , 20 L (which is3e- days prior to the public hearing date of r3 t3 l t9 . The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to the owner(s) of the mineral estate underneath the subject property, as indicated on the attached list, on the -Al day of JUS 201ro(which is -3D days prior to the public hearing date ofJ�. The names and addresses of the mineral estate owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the�2t day of 74,it -C- 201(4, which is at least fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached hereto. - Applicant's name Sign (Attach photograph here) Signed before me this -1 �S tF'day of 201jsby ` WITNF-SS MY HAND AND OFFICIAL SEAL My commission expires: 10 -3o Cdr L.W,&v/e tylplanningued ms a Ci forms a ho faros T — — ,Mtary Public Notary Public's Signature eolf� NOTARY +D 20054030779 NYCOMAM 0R ExPWS OCTOBER 30 2D m DOTE R PARTY PUBLIC NOTICE RE: Nakagawa Annual Review for the 2015 Nakagawa Commercial Activities (CASE# P041-16; PID 2467-174-00-023 & 2467-174-00-024) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, July 13, 2016 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room, 530 East Main Street, Aspen to consider an application submitted by Heitor Nakagawa (PO Box 1131, Basalt, CO 8162 1) requesting an Annual Review for a previously approved Special Review for Building Materials and Landscaping Storage. The properties are located at 24041 Highway 82, and are legally described as Tracts 55 and 57 in the SE Quarter of Section 17, Township 8, Range 86 West of the 6`, P.M. The State Parcel Identification for this property is 2467-174-00-023 and 2467-174-00-024. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. Comments or objections due by Julyl, 2016. For further information, contact Mike Kreamer at (970) 920-5482. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on June 9, 2016. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date hqR://12itkincounty.com/DocumentCenter/View/9249 PITKIN COUNTY COMMUNPTY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX # (970) 920-5439 May 16, 2016 Doug Pratte PO Box 107 Basalt, CO 81621 Landstudio2Cucomcast.net Re: Nakagawa Annual Review for the 2015 Nakagawa Commercial Activities (PID 2467-174-00-023 & 2467-174-00-024 Case P041-16) Dear Mr. Pratte: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review at a public hearing by the Board of County Commissioners on Wednesday, July 13, 2016 at a meeting to begin at 12:00 P.M. in the Plaza One Conference Room, 530 East Main Street, Aspen. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the hearing (and remove it within one week after) and to mail notice to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice will be sent to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482. Sincerely, Bonnie Shiles Administrative Assistant Encl: Affidavit of Notice (Code Section 2-20-100) PITKIN CONTY COMMUNITY DEVELMENT Permit Receipt RECEIPT NUMBER 00040286 Name: HEITOR NAKAGAWA Date:5/5/2016 Project Address: 24041 HWY 82 Type: check #254506310 Permit Number Fee Description Amount 0041.2016.PLAN PP- Flat Fee 1,300.00 0041.2016.PLAN PP- Clerk Fee 130.00 0041.2016.PLAN PP- Public Notice Fee 54.00 Total: 1,484.00