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Home My WebLink About20202774.tiffHEARING CERTIFICATION DOCKET NO. 2019-48.D RE: A 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, AND FIBER OPTIC CABLE AND TEMPORARY CONSTRUCTION EASEMENTS) IN THE E (ESTATE) ZONE DISTRICT, THE A (AGRICULTURAL) ZONE DISTRICT, AND THE RUA (REGIONAL URBANIZED AREA) ZONE DISTRICT - CITY OF THORNTON A public hearing was conducted on September 16, 2020, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Steve Moreno, Chair Pro -Tern Commissioner Scott K. James Commissioner Barbara Kirkmeyer Commissioner Kevin D. Ross Also present: Acting Clerk to the Board, Jess Reid Assistant County Attorney, Karin McDougal Planning Services Department representative, Diana Aungst Public Works Department representative, Mike McRoberts Health Department representative, Lauren Light The following business was transacted: e I hereby certify that pursuant to a notice dated April 30, 2019, and duly published May 3, 2019, in the Greeley Tribune, a public hearing was conducted on July 10, 2019, at which time the matter was continued to July 15, 2020, to allow the applicant adequate time to work on obtaining all the necessary easements. On July 15, 2020, the matter was continued to August 26, 2020, to allow adequate time for a supplemental application to be reviewed by the Planning Commission at a hearing scheduled for July 21, 2020. I further certify that pursuant to a notice dated June 24, 2020, and duly published July 1, 2020, in the Greeley Tribune, a public hearing was conducted on August 26, 2020, to consider the request of the City of Thornton, for a 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, and fiber optic cable and temporary construction easements) in the E (Estate) Zone District, the A (Agricultural) Zone District, and the RUA (Regional Urbanized Area) Zone District. At said hearing the matter was continued to September 16, 2020, 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. Karin McDougal, Assistant County Attorney, made this a matter of record. El Chair Freeman explained the previous continuance was to allow the Department of Public Works to research the feasibility of moving portions of the pipeline into Weld County right-of-way. CC :PL(01)1/4 Pw ( M/'D N) , (u.,) Ctitmi cue:) 10/12/2O2O 2020-2774 PL2657 HEARING CERTIFICATION - CITY OF THORNTON (USR18-0130) PAGE 2 e Mike McRoberts, Department of Public Works (PW), provided a staff presentation including maps of possible locations of right-of-way use (Exhibit P), and explained the preliminary review identified 4.8 miles where the pipeline could potentially be placed in the public right-of-way. He stated without engineered construction plans, showing underground utility locations and depths, PW is assuming the pipeline will be located in the middle of the roadway. After engineered plans are complete it may be determined locations, other than the middle of the road, are possible and noted there will be significant road closures associated with locating the pipeline in the middle of the roadway. He referenced the displayed maps and described existing utilities located in the right-of-way, in the identified areas. He explained the southernmost 2,800 linear feet of the pipeline alignment will fall within future right-of-way, which strays from the section line in order for County Road (CR) 17 to line up opposite Quebec Street, in Adams county. Therefore, PW recommends the City of Thornton enter into an agreement to purchase the land necessary to accommodate the future right-of-way, and that it be dedicated to Weld County. He stated PW also recommends the City of Thornton enter into an agreement, requiring the City to relocate the waterline at its sole expense, should future roadway improvements necessitate a vertical and/or horizontal shift in the waterline. e Regarding the future construction of the portion of CR 17, Commissioner Kirkmeyer confirmed it is not in the County's Capital Improvement Plan and stated, in this area, the pipeline could be located in the middle of roadway, instead of future right-of-way. In response to Commissioner Kirkmeyer, Mr. McRoberts speculated it would take several months for the City of Thornton to complete engineered plans, perform potholing and obtain right-of-way permits. e Mark Koleber, applicant representative, concurred there are several areas where the pipeline can be located in right-of-way and committed to working with County staff and property owners to explore, based on survey findings, areas where the pipeline can be moved off of private property and into County right-of-way. He stated, since the August 26th Board hearing, they have worked with the property owners and the court to vacate any immediate possession hearings scheduled in September and confirmed the City of Thornton will not pursue immediate possession in areas where locating the pipeline in the right-of-way may be a possibility. He outlined the engineering work that needs to be done in order to present a complete application to the Board, including acquiring easements necessary to construct the pipeline, and requested a five (5) month continuance. • Ted Simmons, Weld County resident, stated his property is currently under eminent domain proceedings. He asked the Board to direct staff and the City of Thornton to look more closely at the area north of State Highway 14 and CR 13, up to where the pipeline is proposed to come into Weld County, to see if the pipeline could be located in the right-of-way. He stated the majority of the road is gravel, with minimal utilities in the area. k] Dave Mallory, Weld County resident, stated since the last hearing, he has had no communication from the City of Thornton about moving the pipeline closer to CR 17, opposed to 80 feet in from his property line. He also expressed concern about the pipeline not being sealed from his irrigation water. In response to Chair Freeman, he stated he is in support of a continuance. 2020-2774 PL2657 HEARING CERTIFICATION - CITY OF THORNTON (USR18-0130) PAGE 3 e Rebecca Hicks represented her daughter who owns a farm in Johnstown and read a prepared statement (Exhibit R) to the Board expressing concern about the use of private property easements for the pipeline. e Kathy Weinmeister represented Zeiler Farms, Inc., and requested the pipeline go in the CR 13 right-of-way, and if not, at least run along CR 13, as it crosses the Zeiler Farms property, parallel with the existing Anadarko/Occidental pipeline easement. She stated she is support of a continuance if they consider placing the pipeline in CR 13. Rashelle Sater-Richardson, Weld County resident, questioned why the entire pipeline isn't able to go in right-of-way and Chair Freeman explained PW will explore the possibility of placing more of the pipeline in the right-of-way, where feasible. She supported the continuance and suggested the Board find out how many miles of easements have been obtained through eminent domain. IR Frank Wind, Weld County resident, stated he owns property in Sections 17 and 31. He explained he was threatened with eminent domain but settled with the City of Thornton prior to court proceedings. He stated the City of Thornton is in the process of laying pipeline on 1.75 miles of his property, which is within the municipal limits of the Town of Johnstown, and expressed he is indifferent about a continuance, as he has already settled with the applicant. In response to Commissioner Ross, Mr. Koleber stated he did not know the percentage of easements obtained through contractual agreements with property owners versus condemnation. Commissioner Ross outlined exactly what statistics he was requesting and Chair Freeman recessed the hearing to allow Mr. Koleber time to obtain the information. e Chair Freeman reconvened the hearing and Mr. Koleber stated, as of early August, the City of Thornton had filed eminent domain on 25 percent (25%) of the properties in unincorporated Weld County, many of which the immediate possession has been settled. He explained there have been three (3) court hearings, which resulted in a court ordered possession, but aside from those, the rest of the cases stipulated to immediate possession. He confirmed no evaluation hearings have taken place and indicated there have been a number of cases that were fully settled after they filed eminent domain. e Commissioner Kirkmeyer explained she was in support of an eight (8) month continuance and directed staff to look for areas, in addition to those already identified, where the pipeline could be located in the County right-of-way. Commissioner James agreed and Chair Freeman acknowledged there may have been confusion with the initial direction given to the City of Thornton, by the Board. In response to Mr. Koleber's request for clarification, Commissioner Kirkmeyer stated she would like them to look at all properties, even those that have been condemned, to see if the use of the right-of-way in those areas is feasible. Commissioner James agreed and stated he would like to see the pipeline in the right-of-way, in all feasible locations. Chair Freeman reflected on his previous comments about the pipeline not being placed in the right-of-way, again acknowledged that direction may have been confusing for the City of Thornton and clarified his original intent was to work with landowners for fair 2020-2774 PL2657 HEARING CERTIFICATION - CITY OF THORNTON (USR18-0130) PAGE 4 compensation if they are going to be impacted either way. In response to Mr. Koleber, Commissioner Kirkmeyer clarified she would like the City of Thornton to evaluate the possibility of using the right-of-way, even on properties that have been condemned or who have already reached a settlement. IE Commissioner Kirkmeyer moved to continue the request of the City of Thornton for a 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, and fiber optic cable and temporary construction easements) in the E (Estate) Zone District, the A (Agricultural) Zone District, and the RUA (Regional Urbanized Area) Zone District, 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. The motion was seconded by Commissioner James, and it carried unanimously. There being no further discussion, the hearing was completed at 11:12 a.m. This Certification was approved on the 21st day of September, 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditittio j4;� Weld County Clerk to the Board Steve oreno, P .-Tern BY: eputy Clerk to the Board Mike Freeman, Chair Scot K. James Kevin D. Ross 2020-2774 PL2657 ATTENDANCE LIST gJlc,/2v NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? E-,,,8N1Es-,..1-NCIalQ r- TC4s� /Qa,�v1h erfzr<4S .1)//412 1. � Q t'3 �1 O5'-2 �/z�� t2w1n(iJ61,,e_ ----tP._ k 1\17- .2`611-2 edt v4 lace /nr- , ET /02 .y,4 L / ://aii�lf ida -74,4L1d CILI�s'i i C a.4.QT t#O E"mcv,\K\A . 1,(v�1\),Aa Sgo, rwo�, IVrL t. V0' 1c 0 �� L .2:64 ifres Fxiy`oy7cq,rnait-u * L -0,(w c{ ( Lk)/4 _ //1 A2 7 pp ZZ� /st )Iir€ l -,,el 6 • gc/ 1f rr 9ZC1�1' 4h - (!Qw di i✓O Pr4mer.% i g/F 4O 5-96r)( <5Q r , (-j ,,t' ..? f hbpyi-E i 4) 41 i 0 wk- 13; Gdi Qa51.-- au, J. 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