HomeMy WebLinkAbout20252208.tiffPLANNED UNIT DEVELOPMENT FINAL PLAN
STAFF COMMENTS
Planner Angela Snyder
Case Number: PUDF24-0003
Owners: Pelican Shores North HOA c/o Seth Holland
PMI Pikes Peak, 965 Pico Point, Colorado Springs, CO 80905
Request:
Legal:
Address:
Location:
Tract A Acres:
Tract B Acres:
Hearing Date: August 13, 2025
Pelican Shores South HOA c/o Steve Ceresa
PMI Property Management, 1430 Nelson Road, STE 222, Longmont, CO 80501
A Minor Amendment to Pelican Shores PUD (PUDF20-0005) to adjust the lot line
between Tract A and Tract B
Tract A, Block 1, Pelican Shores PUD, Part of Section 36, Township 3 North, Range 68
West of the 6th P.M., County of Weld, State of Colorado
Tract B, Block 2, Pelican Shores PUD, Part of Section 36, Township 3 North, Range 68
West of the 6th P.M., County of Weld, State of Colorado
12600 Waterside Lane
North of and adjacent to CR 26 and west of and adjacent to CR 13
± 90.073 acres
± 102.347 acres
Parcel #s: 1207-36-4-01-027
1207-36-4-02-018
1207-36-1-02-017
The review criteria for this Final Plan are listed in Section 27-2-30 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Weld County Department of Planning Services — Floodplain, referral dated April 18, 2025
➢ Weld County Department of Planning Services — Development Review, referral dated May 13, 2025
➢ Weld County Environmental Health Services, referral dated May 14, 2025
➢ Colorado Division of Water Resources, referral dated May 7, 2025
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County Sheriff's Office, referral dated April 16, 2025
➢ Weld County Oil and Gas Energy Department, referral dated April 11, 2025
➢ Town of Frederick, referral dated April 24, 2025
➢ Town of Firestone, referral dated April 25, 2025
➢ Mountain View Fire Rescue, referral dated April 17, 2025
➢ Central Weld County Water District, referral dated May 9, 2025
The Department of Planning Services' staff has not received responses from the following agencies:
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➢ Colorado Parks and Wildlife
➢ City of Longmont
➢ Town of Mead
➢ St. Vrain Valley School District
➢ Boulder Valley Conservation District
➢ Longmont Conservation Districts
➢ Colorado Department of Public Health and Environment
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CASE SUMMARY:
The applicant is requesting to adjust the property line between Tract A and Tract B, Pelican Shores PUD,
most recently amended via case number, PUDF20-0005, recorded April 21, 2021, Reception No. 4707024.
Tract A is owned by Pelican Shores South HOA and Tract B is owned by Pelican Shores North HOA. The
property line currently divides the two tracts of the HOA's land and is not centered on the St. Vrain Creek,
which runs through Tract B. The proposed property line adjustment will realign the property line to be
centered on the St. Vrain Creek so that both HOA properties have a portion of the St. Vrain Creek that runs
through the property. The property line adjustment will result in a more equitable share of the maintenance
responsibilities between the two HOAs as both Tract A and Tract B will have a portion of the St. Vrain Creek
running through each property.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 27-2-30 of the
Weld County Code.
2. The request is in conformance with Section 27-2-10.J of the Weld County Code, as follows:
A. Section 27-2-10.J.1 -- Maintain compatibility within the PUD and to adjacent surrounding uses.
The PUD amendment is a request to adjust the property line between Tract A and Tract B, Pelican
Shores PUD. Both tracts are owned by the HOA, Tract A is owned by Pelican Shores South HOA
and Tract B is owned by Pelican Shores North HOA. The proposed lot line adjustment will result in
Tract A gaining a portion of land within the St. Vrain Creek riparian zone, which will provide a more
equitable share of maintenance between the two HOAs. The proposed lot line adjustment will not
affect the compatibility of the PUD with existing surrounding land uses as all land uses remain the
same.
B. Section 27-2-10.J.2 -- Be in general conformity with the Comprehensive Plan found in Chapter 22
of this Code and any County -approved future development plans for the area.
Section 22-2-30.C.3 - "Encourage development that preserves land for agriculture, rangeland,
wetlands, and critical habitats."
The proposed lot line adjustment maintains that the wetland area associated with the St. Vrain
Creek will be the responsibility of the Pelican Shores North HOA and Pelican Shores South HOA.
The HOAs intend to use the land for open space and are not proposing development on either
Tract.
C. Section 27-2-10.J.3 -- Address to the satisfaction of the Board of County Commissioners the
requests and concerns of any referral agency or mineral interest.
This application was sent to referral agencies, and the applicant shall be responsible for addressing
any comments or concerns from referral agencies.
D. Section 27-2-10.J.4 -- Comply with the standards detailed in this Section 27-2-10, Article III of this
Chapter, and Article III of Chapter 24 of this Code.
The lot line adjustment is not a significant change to the PUD. This PUD will continue to comply
with Section 27-2-10 and Article III of Chapter 24 of the code if this PUD amendment is approved.
E. Section 27-2-10.J.5 -- Be consistent with the efficient development and preservation of the entire
PUD.
The PUD amendment is a request to adjust the lot line between Tract A and Tract B, Pelican Shores
PUD. Both properties are HOA-owned and will be maintained as open space by the HOA. The lot
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line adjustment will not affect efficient development and preservation of the entire PUD.
F. Section 27-2-10.J.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 CR 26 and CR 13. This subdivision is surrounded
by a subdivision to the north and agricultural land to the west, south, and east. The proposed lot
line adjustment is internal to the PUD and will not affect the adjacent properties or the public
interest.
G. Section 27-2-10.J.7 -- Not be granted solely to confer a special benefit upon any person.
The proposed lot line adjustment is for the benefit of the entire PUD and does not confer a special
benefit upon a singular person.
This recommendation for approval is based upon compliance with Weld County Code Chapter 27
requirements and upon a review of the application materials submitted by the applicant and other relevant
information regarding the request.
The Department of Planning Services' Staff recommendation for approval is conditional upon the following:
1. Prior to recording the plat, the Planned Unit Development Plat shall delineate the following:
A. The plat shall be labeled PUDF24-0003. (Department of Planning Services)
B. The applicant shall adhere to the plat requirements in preparation of the plat per Section 27-2-
30.B.6. of the Weld County Code. (Department of Planning Services)
C. The Planned Unit Development Final Plat shall utilize Plat Certificates A, D and F as located in
Appendix 24-A of the Weld County Code. Remove reference to "Minor Subdivision" and replace
with "Planned Unit Development." (Department of Planning Services)
D. Show and label all recorded easements, ditches and rights -of -way on the map by book and page
number or reception number. (Department of Planning Services)
E. Show the floodplain and floodway boundaries on the plat. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Department of Planning
Services — Floodplain Administrator)
F. County Road 26 is a paved road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way. Delineate and label the existing right-of-
way (along with its creating document), the existing access, and the physical location of the road.
All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld
County. (Development Review)
G. This portion of County Road 13 is under the jurisdiction of the Town of Firestone. Show and label
the right-of-way, the existing access, and the physical location of the road. Include the Town of
Firestone access permit number, if applicable. (Development Review)
H. The following notes shall be delineated on the Planned Unit Development Final Plat:
1. The purpose of this Amended Final Plat, PUDF24-0003, is to modify the boundary between
Tracts A and B. (Department of Planning Services)
2. The PUD Final Plat allows for R-1 (Low Density Residential) Zone uses, except that no animal
units will be allowed, the maximum lot coverage shall be twenty percent (20%) excluding pools
and spas (hot tubs), and the maximum building height shall be thirty-five (35) feet. The PUD
has one hundred ninety-three (193) acres of open space consisting of a river corridor and two
private recreational lakes, as indicated in the application materials on file, and subject to, and
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governed by, the Conditions of Approval stated hereon and all applicable Weld County
Regulations. (Original Plat — Department of Planning Services)
3. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code. (Original Plat - Department of Planning Services)
4. 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 Maps # 08123C -1890F, date November 30, 2023 (St. 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 by not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and
materials. (Department of Planning Services - Floodplain)
5. 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. (Department of Planning Services - Floodplain)
6. Water service shall be obtained from the Central Weld County Water District and the Little
Thompson Water District. (Original Plat — Department of Public Health and Environment)
7. Sewer service shall be obtained from the St. Vrain Sanitation District (Original Plat -
Department of Public Health and Environment)
8. Permanent restroom and hand washing facilities shall be provided within easy access of the
public gathering area. (Original Plat - Department of Public Health and Environment)
9. 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. (Original Plat - Department of Public Health and Environment)
10. 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. (Original Plat — Department of Public Health and Environment)
11. 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. (Original Plat — Department of Public Health and Environment)
12. 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. (Original Plat — Department of Public Health and Environment)
13. If land development created more than a 25 -acres contiguous disturbance, or exceeds six (6)
months in duration, the responsible 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. (Original Plat — Department of Public Health and Environment)
14. 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' Association 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
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Environment should be contacted to establish the appropriate permitting process. (Original Plat
— Department of Planning Services)
15. In accordance with the Augmentation Agreement recorded on May 15, 1986, in Book 1112,
Reception No. 2053601, with the Central Colorado Water Conservancy District, the Pelican
Shores Homeowners' Association could be held responsible for ensuring the evaporative
depletions from the site are being replaced. (Original Plat — Department of Planning Services)
16. Access Shall be granted onto the property for the explicit purpose of cleaning and maintaining
existing lateral ditches as indicated on the plat. (Original Plat — Department of Planning
Services)
17. Construction on any ditch within carried water to surrounding properties shall be done so that
the delivery of water is not impaired. (Original Plat — Department of Planning Services)
18. 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. (Original Plat — Department of Planning Services)
19. 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. (Original Plat — Department of Planning Services)
20. The Weld County Sheriff's Office has limited traffic enforcement powers on roadways within
subdivision that are not maintained by the County. (Original Plat — Sheriff's Office)
21. All landscaping within sight distance triangles must be less than 3.5 feet in height at maturity.
Entry signage must be outside the sight distance triangles. (Original Plat — Public Works)
22. A Homeowners' Association shall be established prior to the sale of any lot. Membership in the
Association is mandatory for each parcel owner. The Association is responsible for liability
insurance, taxes and maintenance of open space, streets, private utilities, and other facilities.
Open space restrictions are permanent. (Original Plat — Department of Planning Services)
23. 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 is not responsible for maintenance of the Saint Vrain River.
(Department of Planning Services)
24. 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 is not responsible for maintenance of the Saint Vrain Creek.
(Department of Planning Services)
25. No animal units will be allowed within the PUD. (Original Plat — Department of Planning
Services)
26. Oil and gas facilities within the PUD must be fenced to avoid tampering. (Original Plat —
Department of Planning Services)
27. One development sign, not to exceed thirty-two square feet, has been approved at each
entrance. Signs shall meet all requirements of Chapter 23, Article IV, Division 2 and Chapter
27, Article VI, Section 90 of the Weld County Code. (Original Plat — Department of Planning
Services)
28. Stop signs and street name signs will be required at all intersections. (Original Plat —
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Department of Planning Services)
29. All single-family residences shall have a legible address that is clearly visible form the street
fronting the property. (Original Plat — Department of Planning Services)
30. Installation of utilities shall comply with Section 24-3-180 of the Weld County Code. (Original
Plat — Department of Planning Services)
31. The Weld County Department of Public Works shall be notified prior to placing utilities in the
road rights -of -way to determine if permits will be required. (Original Plat — Public Works)
32. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
33. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Development Review)
34. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized. (Development Review)
35. Any work that may occupy and/or encroach upon any County rights -of -way or easement shall
require an approved Right -of -Way Use Permit prior to commencement. (Development Review)
36. The historical flow patterns and runoff amounts will be maintained on the site in such a manner
that it will reasonably preserve the natural character of the area and prevent property damage
of the type generally attributed to runoff rate and velocity increases, diversions, concentration
and/or unplanned ponding of stormwater runoff. (Development Review)
37. Weld County is not responsible for the maintenance of on -site drainage related features.
(Development Review)
38. Building permits shall be obtained prior to any construction. Buildings and structures shall
conform to the requirements of the various codes adopted at the time of permit application.
39. The property owners shall be responsible for complying with the Standards for all PUDs in
Chapter 27, Article III of the Weld County Code. (Department of Planning Services)
40. 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. (Original Plat — Department of Planning Services)
2. Upon completion of Condition of Approval 1. above, the applicant shall submit one (1) electronic copy
(.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon
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 County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the
requirements of this Code. The Mylar plat and additional requirements shall be recorded within three
(3) years from the date of the Board of County Commissioners resolution. The applicant shall be
responsible for paying the recording fee. If a plat has not been recorded within three (3) years of the
date of the approval of the Planned Unit Development (PUD) change of zone or final plan, or within a
date specified by the Board of County Commissioners, the Board may require the landowner to appear
before it and present evidence substantiating that the PUD has not been abandoned and that the
applicant possesses the willingness and ability to record the plat. The Board of County Commissioners
may extend the date for recording the plat. If the Board determines that conditions supporting the
original approval of the PUD cannot be met, the Board may, after a public hearing, revoke the PUD.
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3. In accordance with Appendix 5-J of the Weld County Code, should the Planned Unit Development Final
Plat not be recorded within the specified timeline from the date of the Board of County Commissioners
Resolution or Planning Department approval, a $50.00 recording continuance fee shall be added for
each additional 3 -month period.
4. Following recordation of the Planned Unit Development Final Plat, the property owners shall create and
record deeds for Tracts A and B, which shall include the legal description of each lot and the reception
number of the amended Planned Unit Development Final Plat. New deeds are required even if lots will
remain under the same ownership. Failure to do so may create issues with the proper assessment of
the lots by the Weld County Assessor's Office and may create a clouded chain of title.
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