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Carly Koppel, Clark and Reoorder, Weld County CO
11111
RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND
USE BY SPECIAL REVIEW PERMIT, USR18-0130, FOR A GREATER THAN 16 -INCH
RAW DOMESTIC WATER PIPELINE (PERMANENT 42 -INCH PIPELINE AND
ASSOCIATED APPURTENANCES, INCLUDING, BUT NOT LIMITED TO: 1 -MILLION
GALLON WATER TANK, TWO PUMP STATIONS, BURIED VALVE ASSEMBLIES,
ACCESS MANWAYS, FIBER OPTIC CABLE AND TEMPORARY CONSTRUCTION
EASEMENTS) IN THE E (ESTATE) ZONE DISTRICT, THE 1-3 (HEAVY INDUSTRIAL)
ZONE DISTRICT, AND THE A (AGRICULTURAL) ZONE DISTRICT - CITY OF
THORNTON
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, the Board of County Commissioners held a public hearing on the 10th day of
July, 2019, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of hearing the
application of the City of Thornton, 12450 Washington St., Thornton, Colorado 80241, fora Site
Specific Development Plan and Use by Special Review Permit, USR18-0130, for a greater than
16 -inch raw domestic water pipeline (permanent 42 -inch pipeline and associated appurtenances,
including, but not limited to: 1 -million gallon water tank, two pump stations, buried valve
assemblies, access manways, fiber optic cable and temporary construction easements) in the
E (Estate) Zone District, the 1-3 (Heavy Industrial) Zone District, and the A (Agricultural) Zone
District, on the following described real estate, to -wit:
The Pipeline crosses Sections 4, 5, 8, 9, 16, 17, 20,
21, 28, 29, 32, and 33, Township 1 North, Range 67
West; Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29, 32,
and 33, Township 2 North, Range 67 West; Sections
20, 21, 28, 29, 32, and 33, Township 3 North, Range
67 West; Sections 6, 19, 20, 29, and 32, Township 4
North, Range 67 West; Sections 6, 7, 18, 19, 30, and
31, Township 5 North, Range 67 West; Sections 6,
7, and 18, Township 6 North, Range 67 West;
Sections 6, 7, 18, and 19, Township 7 North, Range
67 West; Sections 19, 30, and 31, Township 8 North,
Range 67 West; all located in the 6th P.M., Weld
County, Colorado
WHEREAS, on July 10, 2019, the Board deemed it advisable to continue the matter to
July 15, 2020, at 10:00 a.m., with the consent of the applicant, and
WHEREAS, on July 15, 2020, the Board, deemed it advisable to continue the matter to
August 26, 2020, at 10:00 a.m., to allow the City of Thornton time to present a supplemental
application to the Planning Commission on July 21, 2020, and
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2021-1144
PL2657
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Carly Koppes, Clerk and Recorder, Weld County , CO
Yu', MOM IV:Milli11111
SPECIAL REVIEW PERMIT (USR18-0130) - CITY OF THORNTON
PAGE 2
WHEREAS, on August 26, 2020, the Board, deemed it advisable to continue the matter
to September 16, 2020, at 10:00 a.m., to allow the City of Thornton adequate time to speak with
the Department of Public Works about the feasibility of moving portions of the pipeline into Weld
County right-of-way, and
WHEREAS, on September 16, 2020, the Board, deemed it advisable to continue the
matter to May 5, 2021, at 10:00 a.m., to allow the City of Thornton adequate time to continue
working with Weld County staff and property owners on relocating the pipeline into County
right-of-way, where feasible, and
WHEREAS, on May 5, 2021, the applicant was represented by Mark Koleber,
12450 Washington Street, Thornton, Colorado 80241, and
WHEREAS, Section 23-2-490 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant, the unfavorable
recommendation of the Weld County Planning Commission and all of the exhibits and evidence
presented in this matter and, having been fully informed, finds that this request shall be DENIED
for the following reasons:
Section 23-2-490 of the Weld County Code provides in relevant part: "The Board of County
Commissioners may approve the application only if all applicable requirements of this Division
are met, and the applicant has shown that the application is consistent with Chapter 22 of the
Weld County Code and the following standards." It is the opinion of the Board of County
Commissioners that the applicant has NOT shown compliance with Section 23-2-490, as follows:
A. The applicant has not shown that the application is consistent with the Weld
County Comprehensive Plan (Chapter 22 of the Weld County Code).
Section 22-4-10.B encourages zone changes allowing for commercial and
industrial uses for property in close proximity to roadway transportation
infrastructure (Weld County Opportunity Zones). The application proposes to
construct a pipeline through multiple Weld Count Opportunity Zones as described
in section 22-4-10.B, and existing industrially zoned property, which will negatively
affect development of those properties.
B. The applicant has not shown that the application is consistent with
Section 23-2-490.A — "All reasonable efforts have been made to avoid irrigated
cropland or to minimize the negative impacts on agricultural uses and lands." The
Thornton Water Pipeline (TWP) would create a negative impact on the agricultural
uses and zone designation.
C. The applicant has not shown that the application is consistent with
Section 23-2-490.B — "The Pipeline - Domestic Water will not have an undue
adverse effect on existing and future development of the surrounding area,
as set forth in applicable Master Plans." Portions of the proposed TWP include
2021-1144
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Carly Kopper, Clerk and Recorder, Weld County , CO
VIII IPAC'JYS lh I'�1 6��1'k��'�!� �LI��I��t�« 111
SPECIAL REVIEW PERMIT (USR18-0130) - CITY OF THORNTON
PAGE 3
approximately 11 miles in the incorporated limits of Dacono, Firestone, Frederick,
Johnstown, Platteville, Severance, Timnath, and Windsor, including roads that
have been annexed by local governments. Local governments have indicated
preferences for the water pipeline to be inside or outside of right-of-way (ROW) in
their Growth Management Area (GMA); however, Weld County's requirement in
unincorporated Weld County takes precedence. The proposed pipeline crosses
through multiple GMAs which identify the properties in the pipeline location for
future residential, commercial, and/or industrial development. The pipeline would
hinder development within many of the properties located with those GMA
boundaries.
The applicant has not shown that the application is consistent with
Section 23-2-490.F — "All reasonable alternatives to the proposal have been
adequately assessed, and the proposed action is consistent with the best interests
of the people of the County and represents a balanced use of resources in the
affected area." Numerous surrounding property owners expressed opposition to
the placement of the pipeline, which would impact agricultural operations or plans
for future development of their properties. The Board of County Commissioners
finds that these property owners' concerns could have been reasonably
accommodated by relocating the pipeline short distances, in order to avoid
unnecessary and adverse impacts to their agricultural operations and
developmental plans.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of May, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: W424A);ok
Weld County Clerk to the Board
eputy Clerk to the Board
APPROVAS
ounty Attorney
Date of signature 06/03/21
Steve Moreno, Chair
Sc- ' . ames, Pro -T
erry L. Bu k
2021-1144
PL2657
WELD COUNTY CERTIFICATE OF MAILING
FIRST
NAME
LAST
NAME
COMPANY
POSTAL
ADDRESS
1
CITY
STATE
CODE
BRETT
E
'HENRY
INFRASTRUCTURE
CITY
THORNTON:
DEPARTMENT
OF
12450
THORNTON
CO
80241-
2405
WASHINGTON
STREET
brett.henry@thorntonco.gov
I hereby certify that I have sent a true and correct copy of Weld County Board of Commissioners'
Resolution #2021-1144. in the United States Mail. postage prepaid First Class Vail by letter as addressed
on the attached list this 4th day of June. 2021.
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Chloe A. Rempel
Deputy Clerk to the Board Supervisor
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U.S. Postal Service'
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
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