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Home My WebLink Aboutbocc.res.126.2006 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, RECOGNIZING THE NURSERYILANDSCAPE CONTRACTING BUSINESS ON THE HIGH COUNTRY TREE GALLERIES INC PROPERTY AS A LEGAL, NONCONFORMING USE Resolution No. tIt -2006 RECITALS I. High Country Tree Galleries, Inc. ("Applicant") requested that the Pitkin County Board of County Commissioners ("BOCC") recognize a nursery/landscape contracting business as a legal, non- conforming use. 2. The parcel is located at 24825 Highway 82, and is more specifically described in Exhibit A. 3. The parcel contains 8.001 acres and is a non-conforming size parcel in the Unclassified zone district. 4, The BaCC considered this application at regular meetings on June 28, August 9, September 13 and September 27, 2006, at which time evidence and testimony were presented with respect to this application. 5. The BaCC finds that when the nursery/landscape contracting business commenced on the property in the spring of 1990, a nursery was an allowed use in the Unclassified zone district [1976 Land Use Code], and that the use became nonconforming when a new Land Use Code was adopted in 1994 that prohibited a nursery in the U zone district as a "use not listed," 6. The BaCC further finds that the use may continue, subject to restrictions to limit the operation to its level of use in 1994, when it became a nonconforming use. NOW THEREFORE BE IT RESOL YED by the Board of County Commissioners that it does hereby recognize the nursery/landscape contracting business on the High Country Tree Galleries Inc, property as a legal, nonconforming use, subject to the following conditions, which shall run with the land and be binding on all successors in interest: I) The Applicant shall adhere to all material representations made in the application or in public meetings, 2) No more than 20 full-time equivalent employees (FTEs) shall be employed in connection with the nursery and landscape business, 3) No more than 22 motor vehicles shall be maintained or used on-site. 4) Lighting shall comply with the lighting standards in the Land Use Code. 5) The business shall be limited to the hours of7:00 AM to 7:00 PM, Monday through Friday within Zones A and B, as depicted on the site plan (Attached as Exhibit B), with the exception of irrigation and non-motorized maintenance, which may occur on Saturday and Sunday. Hours of operation are not limited within Zones C and D, \ 11111 111\\111\\11 11\\\111\1111I\ \\\1111\ \ 1111 ~~~~~~~;1 ~2: 32 JANICE K vas CAUDILL PITKIN COUNTY CO R 0.00 0 0.00 { Resolution No,f).C- -2006 Page 2 6) By March 31, 2007, the Applicant shall: A) Establish and maintain a landscape barrier around Zone A, as depicted on the site plan, and shall install irrigation to ensure the survival of the trees. The site plan shall be amended prior to recordation to show the location of the Bristlecone pines of 6-7 feet in height along the boundary with the Summers property and to provide a maximum of 20' spacing between trees, B) Install a wooden privacy fence between Zones Band C, as depicted on the site plan. The Applicant shall obtain a permit for the fence from the Community Development Department. C) Submit to the Environmental HealthlNatural Resources Department a plan for maintenance of the pond that shall include periodic application of mosquito larvacide and inspections by EHINR. 7) Activities shall generally occur within the areas designated on the site plan, with the most active operations occurring on the east end of the property, 8) The Applicant shall locate the burn/mulch area to the front of the property as far as possible from Holland Hills. . 9) The secondary access road onto Highway 82 shall be eliminated no later than September 1,2007. Until that time, the County shall lock the access, and shall only permit use of the access, subject to a written request from the Applicant to move a modular residence onto the adjoining Hoaglund Ranch PUD, By September 1, 2007, the Applicant shall submit a plan for restoration and revegetatation of the access to the highway for review and approval by the Community Development Department. The plan shall be implemented by November 1,2007, 10) Within all Zones, backup beepers on vehicles shall only be activated by the detection of an object behind a vehicle. 11) The Applicant shall annually by December 31 (starting in 2007) submit a report to the Community Development Director, which demonstrates the continued conformance of the use to the conditions of this approval. If the Director determines that the use is not in conformance with the conditions, the Director may recommend to the BaCC that it consider withdrawal ofthe approval or other enforcement action, pursuant to a duly noticed public hearing. The 2007 report shall be reviewed by the BaCC at a duly noticed public hearing; the BaCC shall determine at that time if future review by the BaCC shall be required on an annual basis. 111111111I111111111111 ~~~~~~;1 ~2: 32 JANICE K VOS Ci=lUDILL PITKIN COUNTY CO R 0.00 0 0.00 '3- Resolution No.l~.c -2006 Page 3 APPROVED this 27'h day of September, 2006, :r ~1 , ,(JdJJir JclLv Jeajette Jones !! Cle k to the BOCC ' I APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COL()RADO ~) J l,/ >;/if:; Mick Ireland, Chair .' , -i t f.? flr7(J By Date APPROVED AS TO CONTENT: ~~ ~~~ John Ely, " . County Attorney 'l ,^'Q~~~tt mdy Ho~ben, Community Development Director PID#246720100003 111111111I1111I1111I II ~~:~~~;1 ~2 :32 J~NICE K VOS CAUDILL PITKIN COUNTY co R 0.00 0 0.00 j ~.. .. EXHIBIT "A" A parcel of land in Tract 55, Township 8 South, Range 86 West ofllie SiJcth Principal, County of Pitkin, State of Colorado; said parcel of land being more particularly described as follows; Commencing at Angel Point No.4 of Tract 53; thence South25003'58" We'5t 2229.86 feet to the Southeasterly Comer of HoUllIld Hills Subdivision, as shown on the Plat thereof recorded in Plat Book 4 at Page 252 of the Pitkin County Clerk and Recorder; thence North 38055'03" East along the Easterly Boundary line of said Subdivision a distance of -. :: 5 feet to a point Oil the Northerly Rigbt-of- Way of State Highway 82, the Point of Beginning; thence continuing along said Easterly Boundary line North 38055'03" East a distance of 444.61 feet; thence leaving said Easterly Boundary liI1e South 41052'17" East as distance of 473.94 feet; thence South 43034'43" East a distance of247.58 feet; thence South 04006'01" West a distance of 59,98 feet; :::ence South 39030'11" West a distllIlce of25.41 feet; thence South 44023'49" East II distance of 135.32 feet to a point on the Westerly line of Reception No, 376874; thence South 39.04'51" West along said Westerly line a distance of322.37 feet to a point on the Northerly Right-of-Way of State Highway 82, as recorded in Reception No. 418638; theoce leaving said Westerly line North 44027'09" West along the Northerly Right-of-Way of .aid State Highway 82 as distance of 507.08 feet; thence continuing along said Right-of-Way North 48022' 41" West a distance of 377.48 feet to the Point of Beginning. County of Pitkin., State of Colorado 1111111111111111111111 ~~~:~~:;1 ~2: 32 JANICE K vas C,qUDILL PITKIN COUNTY CO R 0.00 00.00 I s - . ?," . . , '~~..". . . 51 {I (D --- " ml u;(1) ~' ~., ;\\ I' Lovce"A" (1) :s- Ii OElI\U.UI)'I1\E1l OIlOVIIIHII I AMOHOI-DlNG~ ~ (~u.sT ACTIVE IJ'ta.IlI ~ 1\( , ,(!Ill f oJ". W (j#.c ~ Q,$ ~;. /0'''"~~;;/ o -- ~ ~l ~\ '" '. ~ I' ...;: ~~ L/ ___ ti I __--- c-r-- , I -$. I i .,-~ \ -- -J, u Sc-reen SUl'II!Ilers Property line with 6-7 foot ~ristlecone Pin~ ScreenSlorage a i h Evergreen w t Trees along Property Line every 20 feet --r I I I I I I I I I , ,/ 1-;l~\fI..LeG\eV\.t.i: \ I \ , m.......'.TJIIiIiGIIOWlHG O...c............- (UIoSTUTlIlllIolILOI ~0HI!1I' ..,................ f3?] """'"<:1t..__ G:::J(Mag.....TI!A~AItU.l ~_'C">n'c... O "'0'__ .~~"' ~""--, ._....,,,<:1_ O ""'.ST_. r........UAJlU, (IIlOaT"""''''''- ~'*".'.- ,-~ .,...,.,NC...... " i1) ..n~ 1""UtO...~ S43'34'4j"E 247.58' ../' 47394' , ,.." 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