HomeMy WebLinkAboutbocc.res.052.2016 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. I?5 -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 13th, 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.O5 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.®5-2- 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 /.t . By
1 ette Jones / Rachel E. ' 'chards,
Chair
P eputy Clerk and Recorder __ -_i/'- t -77--/g6 l `P
Date
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
-_GO...'--- 5i14,eti—e.
V
61-t-1 C.4
Jo Ely Cindy ouben
o Attorney Community Development Director
PID#:246717400023(east parcel)
246717400024(west parcel)
P041-16
BOCC Resolution No.o5"2 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
FT TH S 68 DEG 58150"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 I1WY TH N 44 DEG 30'W 13130 FT ALNG THE
NELY ROW OF SAID HWY TH N 41 DEG 55T 302.41 FT TO A PT ON SAID FENCE THE
POE CONT I.0 AC+1-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 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 Sed Racks Stone
Riding Mowers Cinder Blocks
Hand Tools Brick
Irrigation 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 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
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BOCC Resolution No. 2016 Page 7 of 7