HomeMy WebLinkAbout20252220.tiffPlanner: Angela Snyder
Case Number: PUDZ25-0001
PLANNED UNIT DEVELOPMENT CHANGE OF ZONE
STAFF COMMENTS
Hearing Date: August 13, 2025
Owners: Pelican Shores North HOA c/o Seth Holland
PMI Pikes Peak, 965 Pico Point, Colorado Springs, CO 80905
Request: An Amendment to Pelican Shores PUD, PZ-1011, to include outdoor storage of boats on
Tract B, Block 2
Legal: 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
Location: North of and adjacent to CR 26 and west of and adjacent to CR 13
Total Acres: +/- 102.347 acres
Parcel #s: 1207-36-1-02-017
1207-36-4-02-018
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 June 20, 2025
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County Department of Planning Services — Development Review, referral dated June 18, 2025
➢ Weld County Department of Oil and Gas Energy, referral dated May 29, 2025
➢ Town of Firestone, referral dated June 2, 2025
➢ Town of Frederick, referral dated June 10, 2025
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Weld County Sheriff's Office
➢ City of Longmont
➢ Town of Mead
➢ Colorado Department of Natural Resources
➢ Colorado Department of Natural Resources, Division of Water Resources
➢ Mountain View Fire Rescue
➢ St. Vrain Valley School District
➢ Central Weld County Water District
➢ Boulder Valley Conservation District
➢ Longmont Conservation Districts
Case Summary:
The applicant has requested a Planned Unit Development Zoning (PUDZ) Amendment to the Pelican
Shores PUD, originally zoned under case number PZ-1011, recorded June 1, 2004, reception number
3185304, specifically to include outdoor storage for boats and associated trailers as an allowed use. The
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request on the application included both Tracts A and B, however, Pelican Shores South HOA, owner of
Tract A, did not provide Pelican Shores North HOA permission to apply on its behalf. The request has been
modified to include only Tract B.
Boats and boat trailers are currently being stored on Tracts A and B, which has been determined to be a
violation of the Pelican Shores PUD and Weld County Floodplain Regulations.
The existing Pelican Shores PUD allows for R-1 (Low Density Residential) Zone uses, except that no animal
units are permitted within the PUD. The purpose of the R-1 Zone District is to provide areas predominantly
for suburban -scale single-family residential use, however, it is also intended to accommodate
nonresidential land uses that are accessory to or compatible with residential uses. The R-1 Zone District
allows parking areas as an accessory use with the condition that parking areas are not used for commercial
purposes.
The PUDZ, as originally approved in 2004, did not include outdoor parking or storage area for homeowner's
boats and trailers the list of allowable uses, but a note on the plat indicated that the pre-existing
maintenance building, located at 12600 Waterside Lane, near the boat ramp would be used for indoor boat
storage.
Tract A is located almost entirely within the Saint Vrain Creek Floodway (Zone AE), as designated on FEMA
FIRM Panel No. 08123C -2200F. The current location of boat storage on Tract A is within that floodplain.
Outdoor storage of floatable materials associated with nonagricultural uses is not allowed in a FEMA
designated floodplain, per Section 23-11-360 of the Weld County Code.
If approved, the applicant would be able to store boats and associated trailers in those parts of Tract B that
are outside of floodplain Zone AE. The applicant may also opt to pursue a flood hazard development permit
to physically modify the existing storage site to comply with the Weld County Floodplain Ordinance, Chapter
23, Article 11 of the Weld County Code. A flood hazard development permit is required prior to use of the
floodplain for boat or trailer storage, as stated in plat note 2.D.5.
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 27-2-20
(Amendments to PUD Zoning) of the Weld County Code.
2. The submitted materials are in compliance with Section 27-2-10 (Overview of PUD Amendments) of
the Weld County Code as follows:
A. A PUD zoning plat or final plat may be amended in accordance with this 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.
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 Zone District and the PUD states that permitted uses
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within the PUD are consistent with those listed in the R-1 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 below. 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 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 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.
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 this Code, by following the process in Division 1, Article II, Chapter 23.
Approval and recording of such a Change of Zone would 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 Article IX of Chapter 24 of this 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.
I. 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 this 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.
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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 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. 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 this Section 27-2-10, Article III of this Chapter,
and Article III of Chapter 24 of this Code.
The application materials comply with the standards detailed in Section 27-2-10, A -J,
listed above. Article III of Chapter 24 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 26 and County Road 13. This
subdivision 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.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
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1. The submitted materials are in compliance with the application requirements of Section 27-2-20 of the
Weld County Code.
2. Prior to recording the PUD Change of Zone plat, the PUD Change of Zone plat shall delineate the
following:
A. The plat shall be labeled PUDZ25-0001. (Department of Planning Services)
B. The applicant shall adhere to the plat requirements in preparation of the plat per Section 27-9-20
of the Weld County Code. (Department of Planning Services)
C. 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)
D. The following notes shall be placed on the plat:
1) The purpose of this PUD Change of Zone is to amend Pelican Shored PUD, case number PZ-
1011, originally recorded June 1, 2004, Reception Number 3185304, to allow boat and trailer
storage on Tract B. (Department of Planning Services)
2) The PUD will be subject to and governed by the Conditions of Approval stated hereon and all
applicable Weld County Regulations. (Original Plat — Department of Planning Services)
3) The PUD allows for 193 acres of open space consisting of a river corridor and two 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 B.
c) Maximum lot coverage shall be 20%.
d) Maximum building height shall be 35 feet.
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.
(Original Plat — Department of Planning Services)
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 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. (Original Plat
— Department of Planning Services)
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 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)
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. (Department of Planning Services - Floodplain)
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7) Installation of utilities shall comply with Section 24-3-180 of the Weld County Code. (Original
Plat — Public Works)
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. (Original Plat — Public Works)
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. (Original Plat — Public Works)
10) 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)
11) 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)
12) Sewer service shall be obtained from the St. Vrain Sanitation District (Original Plat -
Department of Public Health and Environment)
13) 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)
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. (Original Plat - Department of Public Health and Environment)
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. (Original Plat — Department of Public Health and Environment)
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. (Original Plat — Department of Public Health and Environment)
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. (Original Plat — Department of Public Health and Environment)
18) 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)
19) 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)
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. (Department of Planning Services)
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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. (Department of Planning Services)
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. (Original Plat — Department of Planning Services)
3. Upon completion of Conditions of Approval 2. above, the applicant shall submit one (1) electronic
copy (.pdf) of the Amended Planned Unit Development Change of Zone 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. (Department of Planning Services)
4. The Amended Planned Unit Development Change of Zone plat shall be submitted to the Department
of Planning Services for recording within one hundred and twenty (120) days of approval by the
Board of County Commissioners. (Department of Planning Services)
5. In accordance with Appendix 5-J of the Weld County Code, should the Planned Unit Development
Change of Zone 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. (Department of Planning Services)
6. The PUDZ plat shall be submitted to the Department of Planning Services' for recording within sixty
(60) days of approval by the Board of County Commissioners. (Department of Planning Services)
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