HomeMy WebLinkAbout20011946.tiff RESOLUTION
780 RE: ACTION OF BOARD CONCERNING CHANGE OF ZONE#374 FROM THE A
(AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT)
ZONE DISTRICT GRANTED TO CHARLES AND EVELYN EASTON AND H. GORDON
JOHNSON, AND CHANGE OF ZONE #464 FROM THE A(AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT
GRANTED TO CHARLES EASTON - ROBERT EASTON
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on August 8, 2001, a Hearing was conducted to consider revocation of both
Change of Zone#374 from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District granted to Charles and Evelyn Easton and H. Gordon Johnson on
May 4, 1983, and Change of Zone#464 from the A (Agricultural)Zone District to the PUD
(Planned Unit Development) Zone District granted to Charles Easton on January 15, 1992, and
WHEREAS, Robert Easton, 23482 Weld County Road 48, LaSalle, Colorado 80645, is
the current owner of the facility located on property being further described as follows:
Change of Zone#374 is described as 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 SE1/4, a portion of the
NE1/4, and all of the W1/2 of Section 12, lying
south and east of the Gilmore Canal being more
particularly described in Book 0995, at Reception
#01926404, dated May 10, 1983.
Change of Zone#464 is described as part of the
NW1/4 of Section 12, Township 4 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing of August 8, the Planning staff recommended to the Board
that Change of Zone #374 and Change of Zone #464 be revoked 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, Robert Easton's father, Charles Easton,
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 Planned Unit Development.
However, while a couple of 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 Planned Unit Development (PUD)
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REVOKE COZ#374 AND COZ#464 - ROBERT EASTON
PAGE 2
upon failure to submit a PUD Plan. If a PUD Plan application is not 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 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 its historic use for a general
agricultural airfield/airport. The Department of Planning Services reviewed this
request and established a Non-Conforming Use, NCU #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 Services staff to resolve these issues and
encourages the Board of Commissioners to revoke the PUD Zone District.
3. It is the property owner's intent to continue the historic use of the agricultural
airfield/airport and he has no desire to proceed with the previous land use
applications. The property owner has been made aware that should he desire to
further subdivide this parcel or change the zoning, 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. Although this case was approved, the plat was never
recorded. Therefore, in order to finalize all land use issues associated with this
case, the property owner further requests Use by Special Review Permit#960 be
vacated.
WHEREAS, after hearing all of the testimony presented, the Board deemed it advisable
to revoke Change of Zone#374 and Change of Zone#464.
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REVOKE COZ#374 AND COZ#464 - ROBERT EASTON
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that both Change of Zone #374 from the A (Agricultural)Zone District
to the PUD (Planned Unit Development) Zone District granted to Charles and Evelyn Easton
and H. Gordon Johnson on May 4, 1983, and Change of Zone#464 from the A (Agricultural)
Zone District to the PUD (Planned Unit Development) Zone District granted to Charles Easton
on January 15, 1992, be, and hereby are revoked.
BE IT FURTHER RESOLVED that the Board concurs with the administrative
establishment of Non-Conforming Use, NCU #345, for a general and agricultural airfield/airport.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of August, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: I � det EL � ea,/ �V e� M. J. eile, Chair
Weld County Clerk to th- i.oa'. aa,
c� 1861 (5 FXCUSED
Glenn Vaad, Pro-Tem
BY: O
Co�ljU
Deputy Clerk to the Bol,P \, .` '
Wil iaam�m H. Jerke
APP /ED ORM: ejc
vi L g
ounty A mey
Robert . Masden
Date of signature:
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2001-1946
PL0382/PL0857
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