HomeMy WebLinkAbout20011948.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Robert Easton Case Number Revocation of
Amended COZ 374,
COZ-464 and Vacation
of Use by Special
Review 960
Submitted or Prepared
Prior to At Hearing
Hearing
1 Staff Comments(2 pages) X
2 Letter to Applicant X
3 Legal Notifications (1 page) X
4 Application (1 page) X
5 Referral List X
C L-etter QAA JQ --X
7 Weld County Airport Authority, referral received May 16, 2001 X
8 Weld County Department of Public Works, referral received June X
6, 2001
9 Deed X
10 Certificate of Conveyance (18 pages) X
11 Surrounding Property Owners (2 pages) X
12 Maps ( 6 pages X
13 WC 4\e k i\tAn
14
15
24
Item submitted at planning commission
I hereby certify that the 44 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office.
7) 11(1
d• Planner
1 EX IBIT
2001-1948 e/X*3W sit%
44t .
APPLICATION
SUMMARY SHEET
COLORADO
Case Number: Revocation of Amended Z-374, Z-374, Z-464, Hearing Date: June 19, 2001
and Vacate Use by Special Review USR-960
Applicant: Robert Easton, Easton Aviation
Address: 23482 Weld County Road 48, LaSalle, Colorado 80645
Request: Robert Easton is requesting a revocation of Amended Change of Zone 374, Change
of Zone 374 and Change of Zone 464 along'With Vacation of Use by Special Review
960.
Legal Description: Part of the NW4 of Section 12, Township 4 North, Range 65 West of the 6`h
P.M. Weld County, Colorado, lying south and east of the Gilmore Canal.
Location: Approximately 4.5 miles southeast of LaSalle, on Weld County Road 49.
Present Zoning: PUD
Size of Parcel: 130 acres Parcel Number: 1055 12 2 00016
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
• Airport Authority referral received May 16, 2001
• Weld County Department of Public Works, June 6, 2001
The Department of Planning Services' staff has not received responses from the following
agencies:
• Federal Aviation Administration
Weld County Attorney
• LaSalle Fire District
• Weld County Department of Public Health and Environment
TUT
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WIDc.
COLORADO
Case Number Revocation of Amended Z-374, Z-374, Z-464 and Hearing Date: June 19, 2001
Vacate Use by Special Review USR -960
Applicant: Robert Easton, Easton Aviation
Address: 23482 Weld County Road 48, LaSalle, Colorado 80645
Request: Revocation of Amended Change of Zone 374 and Change of Zone 464 along with
Vacation of Use by Special Review USR-960.
Legal Description: Part of the NW4 of Section 12, Township 4 North, Range 65 West of the 6'
P.M. Weld County, Colorado, lying south and east of the Gilmore Canal.
Location: Approximately 4.5 miles southeast of LaSalle, on Weld County Road 49.
Size of Parcel: 130 acres Parcel Numbers: 1055 12 2 00016
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST
BE APPROVED FOR THE FOLLOWING REASONS:
Recommendation: The Department of Planning Services requests that the Planning Commission
recommend to the Board of County Commissioners that the Agricultural Zone District be affirmed
on the site thereby revoking the PUD zone District for Amended Change of Zone 374, Change of
Zone 374, and Change of Zone 464 for the following reasons:
1. As established in the Non-Conforming Use NCU-345, a general and agricultural
airfield/airport has existed on this parcel since 1966. During this time, the previous owner
and applicant, Mr. Easton's father endeavored to change the zone on this property. Based
on previous application materials the applicant intended to develop a residential and
aeronautical airstrip designed to meet the needs of the residents of the PUD. However,
while several Change of Zones were sought to carry out this mixed use of aviation and
residential the final plans associated with these applications were never finalized. In
accordance with Section 23-2-790 E. of the Weld County Code, the Planning Commission
may revoke a PUD upon failure to submit a PUD Plan. If no PUD Plan application is
submitted within three(3)years of the date of the approval of the PUD District,the Planning
Commission shall require the landowner to appear before it and present evidence
substantiating that the PUD project has not been abandoned and that the applicant
possesses the willingness and ability to continue with the submittal of the PUD Plan. The
Planning Commission may extend the date for the submittal of the PUD Plan application
Page 2
and shall annually require the applicant to demonstrate that the PUD has not been
abandoned. If the Planning Commission determines that conditions or statements made
supporting the original approval of the PUD District have changed or the landowner cannot
implement the PUD Plan, the Planning Commission shall recommend to the Board of
County Commissioners that the PUD District approval be revoked. If the Board of County
Commissioners agrees after a public hearing, the Board of County Commissioners may
revoke the PUD District and order the recorded PUD District reverted to the original zone
district.
2. The applicant has asked for assistance from the Department of Planning Services staff to
recognize this property as it historic use for a general agricultural airfield/airport. The
Department of Planning Services reviewed this request and established a Non-Conforming
Use 345 for the use of the agricultural airfield/airport located on the site. The airport was
established on or before 1966. On March 4, 1998, well over thirty (30) years after the
inception of the airport the property was conveyed to Robert Easton by Partition of Real
Property recognized by the Weld County District Court and not filed upon by Weld County.
Research indicates and supports this lawful conveyance to Robert Easton.
In an attempt to resolve all unsettled land use issues Mr. Easton has worked with
Department of Planning Staff to resolve these issues and encourages the Planning
Commission to revoke the PUD Zone District.
3. It is Mr. Easton's intent to continue the historic use of the agricultural airfield/airport and has
no desire to proceed with the previous land use applications. Mr. Easton has been made
aware that should he desire to further subdivide this parcel or change of zone, he will be
required to undertake this activity at the initial step in the land use process.
4. On January 15, 1992, Use by Special Review 960 was approved for an Aircraft
Maintenance School. While this case was approved the plat was never recorded.
Therefore, in order to finalize all land use issues associated with this case the applicant
further requests Case USR-960 be vacated. Should the Planning Commission recommend
to approve this request the Department of Planning Staff will recommend to the Board of
County Commissioners that USR-960 should also be vacated.
•
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DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
' FAX (970) 304-6498
l�k 5Ci 80631 1 N. 17TH AVENUE
ENU
GREELEY, COLORADO
COLORADO
May 4, 2001
Bob Easton/Easton Aviation
23482 Weld County Road 48
LaSalle, Colorado 80645
Subject: Revocation of Amended Z-374, Z-464 and Vacation of USR-960- Request for a Revocation of
Amended COZ -374 and recognition of an NCU-345 for an agricultural airstrip located in the
Agricultural Zone District on a parcel of land described as Parcel,A, being a tract of land located in
Section 12, Township 4 North Range 65 West of the 6th P.M., Weld County, Colorado being all of
the SE4,the NE4 and all of the W2 of Section 12 lying South and East of the Gilmore Canal and
Parcel B, a tract of land located in the S2 of the SW4 of Section 12, Township 4 North, Range 65
West of the 6th P.M. Weld County Colorado, lying west of the Gilmore Canal.
Dear Mr. Easton:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for June 19, 2001, at 1:30 p.m. This meeting will take
place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior
to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies
the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained road right-
of-way,one sign will be posted in the most prominent place on the property and a second sign posted at the point
at which the driveway(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld
County Planning Commission. This recommendation will be available twenty-four (24) hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
Monica Daniels-Mika, A.I.C.P.
Director, Planning Services
if EXHIBIT
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tijMII;(5
DEPARTMENT OF PLANNING SERVICES
' PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
Co WELD COUNTREIELEYINISTRATIVE OFFICES
55 N. 17TH AOV NU
631
COLORADO
April 6, 2001
Bob Easton
Easton Aviation
Valley View Airfield
P.O. Box 787
Evans, Colorado 80620
Subject: Non-conforming use of airport facility, NCU-345.
Dear Mr. Easton:
This letter is to inform you that the Department of Planning Services' has determined that the
use of the airfield originated before Weld County Zoning Ordinances were in place and will be
designated a Non-Conforming Use. (NCU-345). Per Weld County Code Sec. 23-7-30, a lawful
use of land exists which would not be permitted by the regulations imposed by this Chapter or
future amendment, the use may be continued so long as it remains otherwise lawful provided
that the following conditions are met:
A. Extension of expansion.
1. No such non-conforming use shall be enlarged or increased, nor
extended to occupy a greater area of land than was occupied at the
effective date of adoption of the ordinance codified herein or amendment
of this Chapter without first having received a special review permit
pursuant to the procedure established in Article II, Division 4 of this
Chapter.
2. A non-conforming USE shall not be extended or enlarged after adoption
of the ordinance codified herein or amendment of this Chapter by
erection of additional SIGNS intended to be seen from off the premises,
or by the addition of other USES which would be prohibited in the zoning
district involved.
3. No such non-conforming USE shall be moved in whole or in part to any
portion of the LOT or parcel other than that occupied by such USE at the
effective date of adoption of the ordinance codified herein or amendment
of this Chapter.
;=SOD Easton
Page 2
B. Substitution of USES.
1. A non-conforming USE may as a Use by Special Review be changed to
another USE which does not conform to the USES allowed in the zoning
district, provided that the Board of County Commissioners shall find that
the proposed USE is equally appropriate or more appropriate to the
zoning district and NEIGHBORHOOD than the existing non-conforming
USE. In permitting such change, the Board of County Commissioners
may require appropriate conditions and safeguards in accordance with
the provisions of this chapter.
2. Whenever a non-conforming USE is replaced by a permitted USE, the
non-conforming USE may not be reestablished. The permitted USE shall
thereafter, conform to the provisions of this Chapter.
C. Abandonment. If any such non-conforming USE of land ceases for any reason
for a period of more than six (6) months, any subsequent USE of such LOT or
parcel shall conform to the regulations specified by this Chapter for the zoning
district in which such LOT or parcel is located.
The use ot the airport may continue, however, if there are any expansions, changes to the
structures, or uses, a Use by Special Review will be required. If you have any further
questions, a Planner on call can be reached at the above address and telephone number
Monday through Thursday, 7:30 a.m.-4:30 p.m. and Friday from 12:00 p.m. -4:30 p.m.
Sincerely///O ,
/
ecki Hamilton
Planning Technician I
Sec. 23-2-790. Supplemental procedures and requirements.
A. Amendment to a PUD District. Each approved PUD District is considered unique, and the uses
described by block and/or lot within a PUD District shall only be amended by applying for a change of
zone to a new PUD District. These procedures are contained in Section 23-2-690 above.
B. Amendment to a PUD Plan. Any request to make a major change to an approved PUD Plan shall be
processed as a new application for a PUD Plan under Section 23-2-730 above. This may include, but not
be limited to, requests for vacating all or parts of an approved PUD Plan for the purpose of major redesign
or major corrections. The Department of Planning Services may waive application requirements which do
not pertain to the proposed major change to the PUD Plan.
C. Minor Modifications to a PUD Plan. The Department of Planning Services may approve minor
modifications to a PUD Plan. The applicant shall prove to the Department that the minor modification is
required by engineering or other circumstances not foreseen during the approval of the PUD Plan. The
Department shall not approve a minor modification if that modification does not conform to the PUD
District.
D. Correction to a PUD Plat. The Board of County Commissioners may, without a hearing or
compliance with any of the submission, referral or review requirements of the PUD Plan regulations,
approve a correction to a PUD Plan if the sole purpose of such correction is to correct one or more
technical errors in an approved PUD Plan and where such correction is consistent with its approved PUD
District.
E. Failure to submit a PUD Plan. If no PUD Plan application is submitted within three(3)years of the
date of the approval of the PUD District, the Planning Commission shall require the landowner to appear
before it and present evidence substantiating that the PUD project has not been abandoned and that the
applicant possesses the willingness and ability to continue with the submittal of the PUD Plan. The
Planning Commission may extend the date for the submittal of the PUD Plan application and shall annually
require the applicant to demonstrate that the PUD has not been abandoned. If the Planning Commission
determined that conditions or statements made supporting the original approval of the PUD District have
changed or that the landowner cannot implement the PUD Plan, the Planning Commission shall
recommend to the Board of County Commissioners that the PUD District approval be revoked. If the
Board of County Commissioners agrees after a public hearing, the Board of County Commissioners may
revoke the PUD District and order the recorded PUD District reverted to the original zone district.
F. Failure to Commence a PUD Plan. If no construction has begun or no USE established in the PUD
within one(1) year of the date of the approval of the PUD Plan,the Planning Commission may require the
landowner to appear before it and present evidence substantiating that the PUD project has not been
abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Planning
Commission may extend the date for initiation of the PUD construction and shall annually require the
applicant to demonstrate that the PUD has not been abandoned. If the Planning Commission determines
that conditions supporting the original approval of the PUD Plan have changed or that the landowner
105
cannot implement the PUD Plan, the Planning Commission may recommend to the Board of County
Commissioners that the PUD Plan approval be withdrawn. If the Board of County Commissioners agrees
after a public hearing,the Board may revoke the PUD Plan and order the recorded PUD Plan vacated.
G. Enforcement of the PUD Plan. The PUD Plan's construction schedule and the maintenance of
COMMON OPEN SPACE shall be enforced as follows:
1. The construction and provision of all COMMON OPEN SPACE,public utilities and recreational
facilities which are shown on the PUD Plan shall proceed at a rate which is no slower than the
construction of residential, commercial or industrial BUILDINGS and STRUCTURES. Periodically,
the Planning Commission or its representative shall compare the DEVELOPMENT to date with the
approved construction schedule.
2. All DEVELOPMENTS shall meet the requirements herein set forth and no final plan shall be
approved that does not meet these requirements.
3. The developer shall submit a legal instrument setting forth a plan providing for the permanent
care and maintenance of OPEN SPACE, recreational areas and commonly owned facilities and
PARKING LOTS. The same shall be submitted to the County Attorney and shall not be accepted until
approved as to legal form and effect. If the COMMON OPEN SPACE is deeded to a homeowners'
association,the applicant shall file the proposed documents governing the association. Such documents
shall meet the following requirements:
a. The homeowners'association must be established before any residences are sold.
b. Membership in the association must be mandatory for each owner.
c. OPEN SPACE restrictions must be permanent and not for a period of years.
d. The homeowners' association must be made responsible for liability insurance, taxes, and
maintenance of recreational and other facilities.
e. The association must have the power to levy assessments which can become a lien on
individual premises for the purpose of paying the cost of operating and maintaining common
facilities.
f. If the organization established to own and maintain common open space, or any successor
organization, fails to maintain the common open space in reasonable order and condition in
accordance with the approved PUD Plan, the following action may be taken:
1) The Board of County Commissioners may serve written notice upon such organization or
upon the owners or residents of the PUD setting forth that the organization has failed to comply
with the PUD Plan. Said notice shall include a demand that such deficiencies of maintenance be
cured within thirty (30) days thereof. A hearing shall be held by the Board of County
Commissioners within fourteen (14) days of the issuance of such notice, setting forth the time,
date and place of hearing. The Board of County Commissioners may modify the terms of the
original notice as to deficiencies and may give an extension of time within which they shall be
rectified.
2) If the deficiencies set forth in the original notice or in the modifications thereof are not
rectified within thirty(30)days or any extension thereof, the Board of County Commissioners, in
order to preserve the values of the properties within the PUD and to prevent the COMMON
106
OPEN SPACE from becoming a public nuisance, may enter upon said COMMON OPEN SPACE
and maintain the same for a period of one(1) year. Said entry and maintenance shall not vest in
the PUBLIC any rights to use the COMMON OPEN SPACE except when the same is voluntarily
dedicated to the PUBLIC by the owners and accepted by the Board of County Commissioners.
Before the expiration of said one-year period, the Board of County Commissioners shall call a
public hearing to consider the necessity of continuing such maintenance for a succeeding year.
Notice of the hearing shall be given, in writing, not less than thirty (30) days and not more than
sixty (60) days prior to this hearing to the organization normally responsible for the maintenance
of the COMMON OPEN SPACE and to the owners or residents of the PUD. If the Board of
County Commissioners determines that such organization is not ready and able to maintain said
COMMON OPEN SPACE in reasonable condition, the Board of County Commissioners may
continue to maintain said COMMON OPEN SPACE during the next succeeding year, and shall
be subject to a similar hearing and determination in each year thereafter.
3) The cost of such maintenance by the Board of County Commissioners shall be paid by the
owners of the properties within the PUD that have a right of enjoyment of the COMMON OPEN
SPACE, and any unpaid assessments shall become a tax lien on said properties, pursuant to
Section 24-67-105, C.R.S.
H. Monuments. Permanent reference monuments shall be set on the PUD according to Chapter 24 of
this Code and Section 30-51-101, et seq., C.R.S. (Weld County Codification Ordinance 2000-1)
107
iatarg
MEMORANDUM
Wi
ne To: Lee Morrison
COLORADO From: Vicki Hamilton, Planning Tech
Subject: Easton Aviation
Date: March 12, 2001
Monica asked that you take a look at this to see if you concur with vacating or revoking the PUD,
reverting back to the Ag Zone if approved by the BOCC. USR-960 (aircraft maintenance school)
was never recorded, however, there needs to be one but for different uses than the original.
Thanks for all your help. Vicki
Z-374 Agriculture to PUD Approved April 15, 1982 -
Amended Z-374 Amend development Approved May 5,.1983 Recorded Plat March 14, 1984
Standards 4 & 8
Z-421 PUD to Agriculture Approved Oct. 16, 1985 Resolution recorded Nov. 26,
1985
Z-464 PUD to Agriculture Approved Jan. 15, 1992 Not Recorded
USR-960 Aircraft Maintenance Approved Jan. 15, 1992 Not Recorded
SERVICE,TEAMWORK INTEGRITY,QUALITY
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