HomeMy WebLinkAbout20252219.tiffResolution
Grant. Planned Unit Development Change of Zone Amendment, PUDZ25-0001, to
Pelican Shores PUD (PZ-1011) to include outdoor storage of boats on Tract A,
Block 1, and Tract B, Block 2 — Pelican Shores North Homeowners Association,
and Pelican Shores South Homeowners Association
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, a public hearing was held on the 13th day of August, 2025, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Pelican Shores
North Homeowners Association, Attn: Seth Holland, 12636 Waterside Lane, Longmont,
Colorado 80504-5252, and the Pelican Shores South Homeowners Association,
Attn: Steve Ceresa, do Real Manage, 700 Ken Pratt Boulevard, Suite 111, Longmont,
Colorado 80501, requesting a Planned Unit Development Change of Zone Amendment,
PUDZ25-0001, to Pelican Shores PUD (PZ-1011) to include outdoor storage of boats on
Tract A, Block 1, and Tract B, Block 2, recorded under reception number 3571643 on
August 12, 2008, for a parcel of land located on the following described real estate, to -wit:
Tract A, Block 1, and Tract B, Block 2, Pelican Shores PUD; located in the
E1/2 of Section 36, Township 3 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
Whereas, the applicants were present at said hearing, and
Whereas, Section 27-3-10 of the Weld County Code provides standards for review of a
Planned Unit Development Final Plan, and
Whereas, the Board of County Commissioners heard all the testimony and statements of
those present, studied the request of the applicant and the recommendations of the Weld
County Planning Services staff, and having been fully informed, finds that this request
shall be approved for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-2-20 of the Weld County Code.
2. The applicants have demonstrated that the request is in conformance with
Section 27-2-10 (Overview of PUD Amendments) as follows:
A. A PUD zoning plat or final plat may be amended in accordance with
Chapter 27, Article II. An application may be submitted for amendments to
both a zoning plat and a final plat concurrently. This zoning amendment
request is being reviewed in conjunction with an amendment to the final
plat, case number PUDF24-0003.
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Carly KoPPes, Clerk and Recorder, Weld County , CO
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406 /25
2025-2219
PL1678
Planned Unit Development Change of Zone Amendment, PUDZ25-0001 —
Pelican Shores North Homeowners Association, and the Pelican Shores South
Homeowners Association
Page 2
B. The proposed amendment shall maintain compatibility within the PUD and
to adjacent surrounding uses, as determined by the Board of County
Commissioners. The proposed amendment is compatible with the existing
permitted uses within the PUD and is accessory to the residential use of the
development. The amendment does not permit commercial storage of boats
and trailers. The surrounding uses include residential and agricultural,
which are compatible with the proposed outdoor storage as it is intended as
an accessory use and is incidental to the existing residential development.
C. The proposed amendment shall not create or increase any nonconformity.
The proposed amendment does not create any nonconformity. The
proposed parking is permitted as an accessory use in the R-1 (Low Density
Residential) Zone District and the PUD states permitted uses within the
PUD are consistent with those listed in the R-1 (Low Density Residential)
Zone District.
D. Any change to a recorded PUD final plat requires a survey and new PUD
final plat showing the amendment and containing the signature of the owner
of any lot affected by the amendment, as described in Section 27-2-30. An
amendment to a PUD final plat shall not change the allowed uses or
setbacks within a PUD without the approval and recording of an amendment
to the PUD zoning. The proposed amendment affects only the uses allowed
on Tracts A and B of the PUD. Both properties are Homeowners Association
(HOA)-owned and will be maintained as open space by the respective
HOAs. Authorization for this request was received from both Pelican Shores
North HOA and Pelican Shores South HOA.
E. Platted PUD lots may not be further subdivided. The applicant is not
proposing to further subdivide any lots within the PUD.
F. Lot lines may be adjusted, lots may be combined, and building or septic
envelopes may be removed, in accordance with Section 27-2-30, without
amending a PUD zoning plat. The proposed zoning amendment does not
affect any lot lines, building or septic envelopes within the PUD. A proposed
boundary adjustment between Tract A and Tract B is being reviewed in
conjunction but is not dependent on this request.
G. The exterior boundaries of a PUD shall not be changed by any amendment.
The applicant is not proposing a change of the exterior boundary of the
PUD.
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Carly Koppes,Cle k anld Recorder, Weld County , CO
VIII .rQ 11� ADVIIVIV 11111
2025-2219
PL1678
Planned Unit Development Change of Zone Amendment, PUDZ25-0001 —
Pelican Shores North Homeowners Association, and the Pelican Shores South
Homeowners Association
Page 3
H. A portion of a PUD zoning plat may not be changed to a zoning district other
than PUD. The entire area of a PUD zoning plat may be changed to one (1)
or more zoning districts listed in Chapter 23, Zoning, of the Weld County
Code, by following the process in Chapter 23, Article II, Division 1. Approval
and recording of such a Change of Zone will result in the vacation of the
PUD zoning plat. The PUD final plat then would be treated as a Minor
Subdivision if it contains fewer than ten (10) buildable lots and all lots are
located in the same zoning district. Amendments to such final plats would
follow the resubdivision process in Chapter 24, Article IX of the Weld County
Code. The applicant is proposing an amendment to the Pelican Shores PUD
to allow outdoor storage in the form of boat and trailer parking on
HOA-owned Tracts A and B only. The proposed amendment is not
proposing a change from PUD Zone District to another zone district.
A PUD may be vacated in its entirety if the property is all under identical
ownership and a Change of Zone to another zoning district is approved, in
accordance with Chapter 23, Article II, Division 1, of the Weld County Code.
No PUD shall be partially vacated. Vacation of a PUD final plat results in
one (1) lot with a metes and bounds or aliquot legal description. The
applicant is not proposing to vacate any portion of the Pelican Shores PUD.
J. Criteria for approval. The PUD amendment must:
1) Maintain compatibility within the PUD and to adjacent surrounding
uses. The proposed PUD amendment is compatible with the existing
permitted uses within the PUD and is accessory to the residential
use of the development. The surrounding uses include residential
and agricultural, which are compatible with the proposed boat and
trailer parking as it is intended as an accessory use and is incidental
to the existing residential development.
2) Be in general conformity with the Comprehensive Plan found in
Chapter 22 of the Weld County Code and any County -approved
future development plans for the area.
a. Section 22-2-30.C.3 — "Encourage development that
preserves land for agriculture, rangeland, wetlands, and
critical habitats." The proposed PUD amendment is in general
conformity with the Comprehensive Plan, which aims to
respect private property rights and ensure that land use
changes do not inhibit agricultural production or operations.
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Carly Koppes, Clerk and Recorder, Weld County , CO
11111
2025-2219
PL1678
Planned Unit Development Change of Zone Amendment, PUDZ25-0001 —
Pelican Shores North Homeowners Association, and the Pelican Shores South
Homeowners Association
Page 4
The proposed PUD amendment is limited to the private
residential development and does not affect the surrounding
agricultural uses.
3. Address to the satisfaction of the Board of County Commissioners the
requests and concerns of any referral agency or mineral interest. No referral
agencies indicated concerns with the proposal. According to the
Department of Planning Services — Floodplain referral, dated June 20,
2025, a Floodplain Permit is required prior to the storage of boats and
trailers showing that the storage area is elevated above the base flood
elevation and will not cause a rise in the base flood elevation.
4. Comply with the standards detailed in Section 27-2-10, Chapter 27,
Article Ill, and Chapter 24, Article Ill of the Weld County Code. The
application materials comply with the standards, detailed in
Section 27-2-10, A -J, listed above. Chapter 24, Article III of the Weld County
Code indicates the Subdivision Design Standards. The proposed PUD
amendment does not propose any modifications to the layout or design of
the development and, therefore, meets this requirement.
5. Be consistent with the efficient development and preservation of the entire
PUD. The Pelican Shores PUD is an existing development with developed
lots. The proposed PUD amendment clarifies that outdoor storage in the
form of boat and trailer parking is permitted on HOA property, as it is an
incidental use to the recreational amenities within the development. The
proposed PUD amendment does not affect the layout of the development
and preserves the 193 acres of open space within the PUD boundary.
6. Not affect in a substantially adverse manner either the enjoyment of land
abutting, or across a street from, the PUD or the public interest. The PUD
is located on the northwest corner of County Road (CR) 26 and CR 13. The
subject PUD is surrounded by a residential subdivision to the north and
agricultural land to the west, south, and east. The proposed PUD
amendment is limited to the HOA-owned property within the PUD and will
not affect the adjacent properties or the public interest.
7. Not be granted solely to confer a special benefit upon any person. The
proposed PUD amendment is intended to be governed by the HOA and is
not for the benefit of a sole property owner.
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Carly Koppes, Clerk and Recorder, Weld County , CO
Li, II II
2025-2219
PL1678
Planned Unit Development Change of Zone Amendment, PUDZ25-0001 —
Pelican Shores North Homeowners Association, and the Pelican Shores South
Homeowners Association
Page 5
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of the Pelican Shores North Homeowners Association, and
the Pelican Shores South Homeowners Association for a Planned Unit Development
Change of Zone Amendment, PUDZ25-0001, to Pelican Shores PUD (PZ-1011) to
include outdoor storage of boats on Tract A, Block 1, and Tract B, Block 2, on the above
referenced parcel of land, be, and hereby is, granted, subject to the following conditions:
1) Prior to recording the PUD Change of Zone plat, it shall delineate the following:
A. The plat shall be labeled PUDZ25-0001.
B. The applicant shall adhere to the plat requirements in preparation of the
plat, per Section 27-9-20 of the Weld County Code.
C. The applicant shall show and label all recorded easements, ditches and
rights -of -way on the map by book and page number or Reception number.
D. The following notes shall be placed on the plat:
1) The purpose of this PUD Change of Zone is to amend
Pelican Shores PUD, case number PZ-1011, originally recorded
June 1, 2004, Reception Number 3185304, to allow outdoor boat and
trailer storage on Tracts A and B.
2) The PUD will be subject to and governed by the Conditions of
Approval stated hereon and all applicable Weld County Regulations.
3) The PUD allows for 193 acres of open space consisting of a river
corridor and two (2) private recreational lakes, as indicated in the
original application materials on file in the Department of Planning
Services and 40 lots with R-1 (Low Density Residential) Zone uses
with the following modifications:
a. No animal units shall be allowed.
b. Boat and trailers may be stored on Tract A, Block 1, and
Tract B, Block 2.
c. Maximum lot coverage shall be 20%.
d. Maximum building height shall be 35 feet.
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Carly Koppes, Clerk and Recorder, Weld County , CO
W. ,INCl I1 Y4 ► 11111
2025-2219
PL1678
Planned Unit Development Change of Zone Amendment, PUDZ25-0001 —
Pelican Shores North Homeowners Association, and the Pelican Shores South
Homeowners Association
Page 6
e. Oil and gas facilities within the subdivision much be fenced to
avoid tampering.
f. All signs shall adhere to the approved sign/landscape plan.
4) Use of open space facilities is limited to residents of the subdivision
and their guests. Recreational activities on the lakes shall include
skiing, fishing, and sailing. Should the Homeowners Associations
wish to establish a swim beach or picnic area or sell memberships to
non-residents, the Weld County Departments of Planning Services
and Public Health and Environment should be contacted to establish
the appropriate permitting process.
5) A Flood Hazard Development Permit is required for all construction
or development occurring in the floodplain or floodway, as delineated
on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -1890F, dated November 30, 2023
(Saint Vrain River). Any development shall comply with all applicable
Weld County requirements, Colorado Water Conservation Board
requirements, as described in Rules and Regulations for Regulatory
Floodplains in Colorado, and FEMA regulations and requirements,
as described in 44 CFR parts 59, 60, and 65. The FEMA definition of
development is any man-made change to improved or unimproved
real estate, including, but not limited, to buildings or other structures,
mining, dredging, filling, grading, paving, excavation, drilling
operations, or storage of equipment and materials.
6) FEMA's floodplain boundaries may be updated at any time by FEMA.
Prior to the start of any development activities, the owner should
contact Weld County to determine if the floodplain boundaries have
been modified.
7) Installation of utilities shall comply with Section 24-3-180 of the Weld
County Code.
8) The site shall be developed in accordance with the recommendation
included in the Preliminary Subsurface Investigation report by
Western Soils, Inc., dated October 18, 2002, including the possible
use of a drilled pier foundation system. This is a result of extensive
fill, which reflects disturbed soil conditions and properties.
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Carly Koppes, Clerk and Recorder, Weld County , CO
III II
2025-2219
PL1678
Planned Unit Development Change of Zone Amendment, PUDZ25-0001 —
Pelican Shores North Homeowners Association, and the Pelican Shores South
Homeowners Association
Page 7
9) In accordance with the Preliminary Subsurface Investigation by
Western Soils, Inc., dated October 18, 2002, special considerations
should be given to the depth of any basement excavations on the
South Pelican Shores site due to groundwater conditions throughout
this area of development.
10) The Weld County Sheriff's Office has limited traffic enforcement
powers on roadways within subdivisions that are not maintained by
the County.
11) Water service shall be obtained from the Central Weld County Water
District and the Little Thompson Water District.
12) Sewer service shall be obtained from the Saint Vrain Sanitation
District.
13) Permanent restroom and hand washing facilities shall be provided
within easy access of the public gathering area.
14) The recreational uses on the lakes will require compliance with the
water quality standards of the Colorado Department of Public Health
and Environment, Swimming Pool and Mineral Bath Regulations.
15) If required, the applicant shall obtain a Stormwater Discharge Permit
from the Water Quality Control Division of the Colorado Department
of Public Health and Environment. Silt fences shall be maintained on
the down gradient portion of the site during all parts of the
construction phase of the project.
16) During development of the site, all land disturbances shall be
conducted so that nuisance conditions are not created. If dust
emissions create nuisance conditions, at the request of the Weld
County Department of Public Health and Environment, a Fugitive
Dust Control Plan must be submitted.
17) In accordance with the regulations of the Colorado Air Quality Control
Commission, any development that disturbs more than five (5) acres
of land must incorporate all available and practical methods that are
technologically feasible and economically reasonable in order to
minimize dust emissions.
18) If land development creates more than a 25 -acre contiguous
disturbance, or exceeds six (6) months in duration, the responsible
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Carly Koppes, Clerk and Recorder, Weld County , CO
NIVIIrgierlailiniilliAter,Inlitili 1I II 1
2025-2219
PL1678
Planned Unit Development Change of Zone Amendment, PUDZ25-0001 —
Pelican Shores North Homeowners Association, and the Pelican Shores South
Homeowners Association
Page 8
party shall prepare a Fugitive Dust Control Plan, submit an Air
Pollution Emissions Notice, and apply for a permit from the Colorado
Department of Public Health and Environment.
19) Membership in one of the Homeowners Associations is mandatory
for each parcel owner. The Associations are responsible for liability
insurance, taxes and maintenance of open space, streets, private
utilities, and other facilities. Open space restrictions are permanent.
20) The Pelican Shores South Homeowners Association is responsible
for maintenance and preservation of that portion of Saint Vrain Creek
bank located on Tract A, and all expenses related thereto. The
County will not assume responsibility.
21) The Pelican Shores North Homeowners Association is responsible
for maintenance and preservation of that portion of Saint Vrain Creek
bank located on Tract B, and all expenses related thereto. The
County will not assume responsibility.
22) Necessary personnel from the Weld County Departments of
Planning Services, Public Works, and Public Health and
Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the
property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
2. Upon completion of Conditions of Approval #2 above, the applicant shall submit
one (1) electronic copy (.pdf) of the Planned Unit Development Change of Zone
Amendment plat for preliminary approval to the Weld County Department of
Planning Services. Upon County approval of the plat, the applicant shall submit a
Mylar plat along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services staff.
3. In accordance with Appendix 5-J of the Weld County Code, should the Planned
Unit Development Change of Zone Amendment plat not be recorded within the
specified timeline from the date of the Board of County Commissioners Resolution,
a $50.00 recording continuance fee shall be added for each additional three (3)
month period.
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Carly Koppes, Clerk and Recorder, Weld County , CO
I rdrvin k1h ilieill ' iirigILVIiArfYEAwrYlyh 11111
2025-2219
PL1678
Planned Unit Development Change of Zone Amendment, PUDZ25-0001 —
Pelican Shores North Homeowners Association, and the Pelican Shores South
Homeowners Association
Page 9
4. The PUDZ Amendment plat shall be submitted to the Department of Planning
Services for recording within 60 days of approval by the Board of County
Commissioners.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 13th day of August, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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Carly Koppes, Clerk and Recorder, Weld County , CO
iii PIPAI PLVIWA liEM 11111
2025-2219
PL1678
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