HomeMy WebLinkAbout20252207.tiffResolution
Grant Planned Unit Development Final Plan Amendment, PUDF24-0003, to the
Pelican Shores PUD (PF-1011) to adjust the internal lot lines between Tract A and
Tract B — 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 the Pelican
Shores North Homeowners Association, Attn: Seth Holland, 12636 Waterside Lane,
Longmont, CO 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 Final Plan Amendment,
PUDF24-0003, to the Pelican Shores PUD (PF-1011) to adjust the internal lot lines
between Tract A and Tract B, for a parcel of land located on the following described real
estate, to -wit:
Part of Tract A, Block 1, and part of Tract B, Block 2 of the 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 Amendment, 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 Commission, and having been fully informed, finds that this request shall
be approved for the following reasons:
1. The applicants have complied with all the application requirements listed in
Section 27-2-30.B of the Weld County Code.
2. The applicants have demonstrated that the request is in conformance with
Section 27-2-10.J 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 a Homeowners Association (HOA), Tract A is owned by the
Pelican Shores South HOA and Tract B is owned by the Pelican Shores
North HOA. The proposed lot line adjustment will result in Tract A gaining a
portion of land within the Saint Vrain Creek riparian zone, which will provide
5064126 Pages: 1 of 9
11/08/2025 03:11 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
�III1�.r�4N�II��:t�i����'�GCI��=I"l�d'�Yk�k 11111
Cc 1rL(DE/MN/DA/AS/KR),
ASR(s&), CA(IA),
APPL.
tt/o6/25
2025-2207
PL1678
Planned Unit Development Final Plan Amendment, PUDF24-0003 — Pelican Shores
North Homeowners Association, and Pelican Shores South Homeowners Association
Page 2
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 the Code and any County -approved future
development plans for the area.
1) Section 22-2-30.C.3 states: "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 Saint Vrain Creek will be the responsibility of the
Pelican Shores North HOA and the 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
Section 27-2-10, Chapter 27, Article Ill, and Chapter 24, Article Ill of the
Weld County Code. The lot line adjustment is not a significant change to the
PUD. Approval of the amendment requires the PUD to continue to comply
with Section 27-2-10 and Chapter 24, Article Ill of the Weld County Code.
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 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 PUB is located on the northwest corner of County
Road (CR) 26 and CR 13. The subject PUD 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.
5064126 Pages: 2 of 9
11/06/2025 03:11 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1FA4KIMil Aid Ill III
2025-2207
PL1678
Planned Unit Development Final Plan Amendment, PUDF24-0003 — Pelican Shores
North Homeowners Association, and Pelican Shores South Homeowners Association
Page 3
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 sole property owner.
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 Final
Plan Amendment, PUDF24-0003, to the Pelican Shores PUD (PF-1011) to adjust the
internal lot lines between Tract A and Tract B, on the above referenced parcel of land, be,
and hereby is, granted, subject to the following conditions:
1. Prior to recording the plat, the Planned Unit Development Plat shall delineate the
following:
A. The plat shall be labeled PUDF24-0003.
B. The applicant shall adhere to the requirements in preparation of the plat,
per Section 27-2-30.B.6. of the Weld County Code.
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."
D. 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.
E. The applicant shall 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.
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 the right-of-way. This
road is maintained by Weld County.
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.
5064126 Pages: 3 of 9
11/06/2025 03:11 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
Ill III
2025-2207
PL1678
Planned Unit Development Final Plan Amendment, PUDF24-0003 — Pelican Shores
North Homeowners Association, and Pelican Shores South Homeowners Association
Page 4
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.
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 20 percent (20%), excluding pools and spas (hot
tubs), and the maximum building height shall be 35 feet. The PUD
has 193 acres of open space consisting of a river corridor and two (2)
private recreational lakes, as indicated in the application materials
on file, and subject to, and governed by, the Conditions of Approval
stated hereon and all applicable Weld County Regulations.
3) Approval of this plan may create a vested property right, pursuant to
Section 23-8-10 of the Weld County Code.
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, 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 by not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation, drilling
operations, or storage of equipment and materials.
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.
6) Water service shall be obtained from the Central Weld County Water
District and the Little Thompson Water District.
7) Sewer service shall be obtained from the Saint Vrain Sanitation
District.
5064126 Pages: 4 of 9
11/06/2025 03:11 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
IrdrinillIVINIAWlitiniiitriliDi III
2025-2207
PL1678
Planned Unit Development Final Plan Amendment, PUDF24-0003 — Pelican Shores
North Homeowners Association, and Pelican Shores South Homeowners Association
Page 5
8) Permanent restroom and hand washing facilities shall be provided
within easy access of the public gathering area.
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.
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.
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.
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.
13) If land development creates more than a 25 -acre 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.
14) Use of open space facilities is limited to residents of the PUD 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 Environment should be contacted to establish
the appropriate permitting process.
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
5064126 Pages: 5 of 9
11/06/2025 03:11 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
11111IL4�Y�i�I 111111
2025-2207
PL1678
Planned Unit Development Final Plan Amendment, PUDF24-0003 — Pelican Shores
North Homeowners Association, and Pelican Shores South Homeowners Association
Page 6
Homeowners Association could be held responsible for ensuring the
evaporative depletions from the site are being replaced.
16) Access shall be granted onto the property for the explicit purpose of
cleaning and maintaining existing lateral ditches, as indicated on the
plat.
17) Construction on any ditch within the PUD carrying water to
surrounding properties shall be done so that the delivery of water is
not impaired.
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.
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.
20) The Weld County Sheriff's Office has limited traffic enforcement
powers on roadways within the PUD that are not maintained by the
County.
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.
22) 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.
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 is not responsible for maintenance of the Saint Vrain River.
24) The Pelican Shores North Homeowners Association is responsible
for maintenance and preservation of that portion of Saint Vrain Creek
5064126 Pages: 6 of 0 00
11/08/2025 03:11 PMI♦�R` Fee:$0.00
$ ,I III
CarIIIIl KoRPes +dre h eCitib&Mr, ■I Ikiti,
2025-2207
PL1678
Planned Unit Development Final Plan Amendment, PUDF24-0003 — Pelican Shores
North Homeowners Association, and Pelican Shores South Homeowners Association
Page 7
bank located on Tract B, and all expenses related thereto. The
County is not responsible for maintenance of the Saint Vrain Creek.
25) No animal units will be allowed within the PUD.
26) Oil and gas facilities within the PUD must be fenced to avoid
tampering.
27) One (1) development sign, not to exceed 32 -square -feet, has been
approved at each entrance. Signs shall meet all requirements of
Chapter 23, Article IV, Division 2 and of the Weld County Code.
28) Stop signs and street name signs will be required at all intersections.
29) All single-family residences shall have a legible address that is
clearly visible from the street fronting the property.
30) Installation of utilities shall comply with Section 24-3-180 of the Weld
County Code.
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.
32) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
33) The access to the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
34) There shall be no parking or staging of vehicles on public roads.
On -site parking shall be utilized.
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.
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.
5064126 Pages: 7 of 9
11/06/2025 03:11 PM R Fee:$0.00
Carly KoPPes, Clerk and Recorder, Weld County , CO
wryilinkala 10:1,11.10A «h1 NCH III III
2025-2207
PL1678
Planned Unit Development Final Plan Amendment, PUDF24-0003 — Pelican Shores
North Homeowners Association, and Pelican Shores South Homeowners Association
Page 8
37) Weld County is not responsible for the maintenance of on -site
drainage related features.
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.
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 stated herein and
all applicable Weld County regulations.
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.
3. In accordance with Appendix 5-J of the Weld County Code, should the Amended
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 three (3) month period.
5064126 Pages: 8 of 9
11/06/2025 03,11 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County CO
IA 11111
2025-2207
PL1678
Planned Unit Development Final Plan Amendment, PUDF24-0003 — Pelican Shores
North Homeowners Association, and Pelican Shores South Homeowners Association
Page 9
4. Following recordation of the Amended 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.
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 Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
5064126 Pages: 9 of 9
Carly 2025 6Clerk anld Recoerde , Wed County CO
Carly KoPPes,
11111IreI+'6N 10191 hi III III
2025-2207
PL1678
Hello