The URL can be used to link to this page

Browse Search

Home My WebLink About20195199.tiffBEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER APPLICANT PLANNER REQUEST LEGAL DESCRIPTION: LOCATION USR18-0130 CITY OF THORNTON TOM PARKO A SITE -SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A GREATER THAN 16 -INCH RAW DOMESTIC WATER PIPELINE (PERMANENT 48 -INCH PIPELINE AND ASSOCIATED APPURTENANCES. INCLUDING. BUT NOT LIMITED TO BURIED VALVE ASSEMBLIES, ACCESS MANWAYS. FIBER OPTIC CABLE AND TEMPORARY CONSTRUCTION EASEMENTS) IN THE A (AGRICULTURAL) ZONE DISTRICT. THE PIPELINE CROSSES SECTIONS 4. 5, 8. 9, 16. 17. 20, 21 28, 29. 32 AND 33. T1 N. R67W; SECTIONS 4, 5, 8, 9, 16, 17, 20. 21, 28, 29, 32, AND 33. T2N. R67W SECTIONS 20, 21. 28. 29. 32, AND 33, T3N. R67W; ALL IN THE 6TH P.M.. WELD COUNTY, COLORADO. STARTING AT CR 2 AND EXTENDING NORTH FOLLOWING CR 17 TO JUST NORTH OF HWY 66. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-510 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23- 2-480 of the Weld County Code as follows: A. Section 23-2-480.A.1 — All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative impacts on agricultural uses and lands. The TWP PA -1 is a low impact. passive use that is consistent with the agricultural setting and zone designation. The water pipeline and fiber optic cable will be buried. and land use effects on agricultural and other similar use will be temporary during construction and are anticipated to be minimal after construction. The water pipeline route is generally located parallel to property lines and adjacent to Weld County future Right of Way (ROW) minimizing the effects to agriculture. Agricultural use within the permanent easement can continue after construction. Property owners who grant a permanent easement to Thornton can continue to use the land within the easement area for purposes such as farming, grazing. or access. so long as such uses do not interfere with or endanger the operation of the TWP. The agricultural land use in the TWP PA -1 area is compatible with operation of the TWP PA -1 because the water pipeline and fiber optic cable will be buried below the plow line. B. Section 23-2-480.A.2 — 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. The TWP PA -1, within unincorporated Weld County, is located in. and adjacent to, rural land use areas designated as Al' Agricultural zoning. The water pipeline and fiber optic cable will be buried at a depth sufficient to prevent interference with anticipated land uses such as farming, grazing or access. The water pipeline route is generally located parallel to property lines and adjacent to Weld County future ROW minimizing the effects to agriculture. Agricultural use within the permanent easement can continue after construction so long as such uses do not interfere with or endanger the operation of the TWP PA -1. The land use effects on agricultural and other similar use will be temporary during construction and are anticipated to be minimal after construction. The TWP PA -1 is a low impact. passive use that is consistent with the agricultural setting and zone designation. To determine the alternative corridor least impactful to local communities and residents. Thornton, in 2015. conducted a series of outreach meetings with local government, public agencies and the general public that could be impacted by the TWP. During the initial outreach RESOLUTION USR18-0130 CITY OF THORNTON PAGE 2 meeting with each local government and agency, feedback was collected to determine preference(s) and/or determine potential problems, including planned developments. for the location of the water pipeline within the local government or agency's jurisdictional and/or Growth Management Areas (GMA). The pipeline is within several three (3) mile referral areas and CPA's. These include Northglenn, Frederick. Firestone. Platteville. Dacono, Mead. Fort Lupton. No objections were received from these jurisdictions. Section 23-2-480.A.3 — The design of the proposed pipeline mitigates negative impacts on the surrounding area to the greatest extent feasible. Construction hours will typically be from 7:00 a.m. to 7:00 p.m., Monday through Saturday unless otherwise approved by Weld County. Construction may extend beyond these hours on a case - by -case basis. For example. some construction activities may be required to complete uninterruptible tasks, meet an in-service date. or minimize short-term impacts to traffic. After construction. the TWP PA -1 pipeline and appurtenances could operate year-round. 24 hours a day: however: these facilities are intended to be unmanned. It is anticipated that normal operations could include up to two (2) TWP operators traveling in one pickup truck daily along the water pipeline route for a visual inspection and maintenance activities during the hours of 8 a.m. to 5 p.m. Up to twice per year, it is anticipated that TWP operators will enter vault and manhole appurtenances to exercise valves and conduct routine maintenance of equipment. To the extent practicable. visual inspections could be from public roads to minimize impacts to property owners. In case of emergency, the operators may be on -site outside of the normal operating hours. Consequently, there will be minimal effects on the volume of traffic on local streets. The City of Thornton has also performed the following studies to ensure that impacts from the pipeline are minimized to the greatest extend possible. Engineering site assessments: • Environmental • Cultural resources • Subsurface utility investigations • Geological hazard review • Land surveys Section 23-2-480.A.4 — The site shall be maintained in such a manner so as to control soil erosion, dust and the growth of noxious weeds. The majority of the impacts on vegetation will be temporary during construction of the water pipeline and long-term impacts to native vegetation communities are not expected. Disturbed areas will be restored to pre -construction grades and revegetated where appropriate after construction. Restored vegetation will be comparable to existing vegetation. Certified weed -free seed mix consisting of drought -tolerant native grasses and other types of vegetation as appropriate to meet property owner preferences or regulatory requirements will be specified in the SWMP for the revegetation of disturbed areas. Disturbed mature vegetation will be replaced, per a property owner's reasonable request. with a like species. Section 23-2-480.A.5 — The applicant has agreed to implement any reasonable measures deemed necessary by the board of County commissioners to ensure that the health. safety and welfare of the inhabitants of the County will be protected, and to mitigate or minimize any potential adverse impacts from the proposed pipeline - domestic water. Excavated material or other construction materials will not be stockpiled or deposited near or on streambanks or other watercourse perimeters where they could be washed away by high water RESOLUTION USR18-0130 CITY OF THORNTON PAGE 3 or storm run-off or could encroach upon stream banks. BMPs will be implemented for stormwater management. Construction waste will be stockpiled in construction staging areas and removed from the construction site during the construction process. Trash dumpsters will be emptied approximately every 1 to 2 weeks. Excavated materials from trench excavations will be stored temporarily along the trench. Excess materials will be removed from the site and disposed of in accordance with applicable laws and regulations. Spoils from trench excavations. construction - related equipment, materials. and supplies will be stored outside of the 100 -year floodplain per local floodplain regulations. Prior to construction. Thornton and/or the TWP PA -1 contractors will obtain the required Weld County grading permit and Stormwater Discharge Associated with Construction Activity — General Permits from CDPHE. Construction SWMPs will be developed under the general permit to protect the quality of stormwater runoff during construction in accordance with the Construction Stormwater Discharge Permit requirements. BMPs will be implemented under the Storm Water Management Plan (SWMP) to minimize or mitigate soil erosion and revegetate disturbed areas. The pipeline is not within a Geologic Hazard Overlay District. However. the pipeline crosses two (2) fault lines along the route. Based upon mapping conducted by the Colorado Geological Survey (Colorado Earthquake Hazards Mitigation Council. 2013). the mapped faults identified in Weld County's GIS Data are not identified as quaternary faults (i.e. faults which have been active in the past 1.8 million years) and such are generally not considered "active". Due to the inactivity of the faults and the lack of recorded earthquakes in the area, the risk of shallow earthquakes and ground movements is considered low. Construction risks therefore are limited to poor rock conditions (i.e. fault breccia and gouge). spatially rapid changes in ground conditions across fault zones, and the potential for perched water conditions. A referral was sent to the Colorado Geological Survey who did not provide a recommendation. County staff determined that because the pipeline is not within the Geo Hazard Overlay District the pipeline is exempt from obtaining a permit under the current GHDP Procedural Guide because the pipeline does not involve. 1) human habitation, 2) a concentration of people or. 3) pose potential hazards to human life or property. The pipeline crosses Special Flood Hazard Areas and the City of Thornton is required to apply for a Flood Hazard Development Permit (FHDP) Prior to Construction. This recommendation is shown under the Conditions of approval. The pipeline is not within an Airport Overlay Zone or within the Dry Creek Regional Urbanization Area. Section 23-2-480.A.6 — 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. A series of evaluations were conducted to develop the preferred route for the TWP PA 1. A multistep process was used with considerable thought and consideration to minimize impacts to local communities and future development. A three -tiered evaluation program was implemented: First, alternative conceptual project configurations were evaluated and a preferred delivery concept was selected based on meeting the project purpose and need. See Purpose and Need section within the application materials. Second, alternative project corridors consistent with the preferred delivery concept and within a broader evaluation area were evaluated with input from potentially impacted communities to determine a preferred corridor. Lastly. with input from potentially impacted property owners within the preferred corridor, route configurations were evaluated within the preferred corridor from step two. Evaluations are summarized below: • Concept Evaluation - High-level evaluation of four alternative conceptual project configurations to determine the preferred TWP delivery concept. • Preferred Corridor Evaluation- Evaluation of four corridor alternatives within a RESOLUTION USR18-0130 CITY OF THORNTON PAGE 4 broader evaluation area utilizing the preferred TWP delivery concept to determine a preferred corridor. • Preferred Route Development — Evaluation of possible locations for the water pipeline within the preferred corridor for suitability to determine a preferred route. A high-level evaluation of four (4) alternative conceptual project configurations was conducted to determine the preferred TWP delivery concept. The configuration alternatives included_ • Concept 1: Pipeline from WSSC reservoirs to Thornton • Concept 2, Pipeline from lower on the Cache la Poudre River to Thornton • Concept 3: Colorado Big Thompson System Exchange/Deliveries • Concept 4 River Exchange up the South Platte River Criteria used to evaluate the relative probability of success at meeting TWP purpose and need for each conceptual project configuration included: • Water quality as related to meeting the need for a higher quality water source for Thornton s water portfolio: • Water quantity as related to meeting the annual volumetric water need over the project planning period. • Permitting requirements as related to meeting the required in-service date for the TWP: and • Intergovernmental constraints as related to meeting the required in-service date for the TWP. The results of the concept evaluation determined that Concept 1 best met the purpose and need of the TWP. Thornton then conducted a preferred corridor evaluation for Concept 1. Before conducting public outreach. which is not required by Weld County s USR permit application process. and to determine the alternative corridor least impactful to local communities. Thornton conducted a series of outreach meetings with local governments and agencies that could be impacted by the TWP. Input from local governments and agencies was utilized in developing alternative corridors and identifying the preferred corridor. An evaluation area was established for developing alternative corridors. The evaluation area consists of a 3 to 5.5 -mile wide path from WSSC Reservoir No. 4 to Thornton. The evaluation area limits are described as follows: • The east/west portion of the evaluation area is approximately 3 miles wide. centered near WSSC Reservoir No. 4. The evaluation area extends from Larimer County Road 19 east to Weld County Road 17 Y. The southern extent of the evaluation area is bounded by Douglas Road and the northern extent by Larimer County Road 60/Weld County Road 96. • The north/south portion of the evaluation area is approximately 4 to 5 % miles wide. It extends from Larimer County Road 60/Weld County Road 96 south to 168th Avenue. The evaluation area is bounded by 1-25 on the west and Weld County road 17 ' on the east. Alternative corridors within the evaluation area were identified using readily and publicly available geographic information system (GIS) data. Guidelines used to identify the alternative corridors include the following: • Input from potentially affected local governments • Minimizing impacts to ROW • Minimizing impacts to water bodies and wetlands • Bypassing geological hazardous areas • Minimizing impacts to environmentally sensitive areas such as open space or conservation areas • Minimize impacts to congested areas. typically in developed, densely populated RESOLUTION USR18-0130 CITY OF THORNTON PAGE 5 areas • Utilizing Thornton -owned property • Following ROW/easements/property lines Four alternative corridors each one -quarter mile wide were initially developed based on input received from local government outreach. These four alternative corridors were analyzed using non -economic data to determine the preferred corridor. The non -economic criteria and method of measurement used in the evaluation of alternative corridors included the following: • Local Government Preference - Rating based on compliance with local government preferences • Geologic Hazards - Estimated length within areas identified as having mine subsidence • Community Impact- Number of local governments crossed • Wetland/Riparian Crossing - Estimated length of wetland/riparian areas crossed • Floodplain Crossings - Estimated length of floodplain areas crossed • Parcel Owners - Number of unique parcel owners crossed • ROW - Estimated possible length of water pipeline in ROW The preferred corridor evaluation determined that Alternative D had the optimum route. Thornton then conducted a preferred route evaluation for Alternative D. The preferred route was determined with input from potentially impacted property owners within the preferred corridor. The preferred route is TWP PA -1. The preferred route includes up to approximately 13.3 miles of a buried 48 -inch water pipeline and associated appurtenances in unincorporated Weld County. The water pipeline generally parallels County Road 17 and extends from just north of Saint Vrain Creek to 168th Avenue. Weld County staff indicated that the preferred route be located outside future planned road ROW. The preferred route is located parallel to but outside of the future planned Weld County road ROW where practicable. Typically, a 50 -foot permanent easement for the water pipeline and an additional 40 -foot temporary easement for construction has been or is in the process of being purchased from property owners. Portions of the TWP PA -1 include approximately 2.8 miles in incorporated areas of Platteville, Firestone. Frederick. and Dacono including roads that have been annexed by these local governments. There is a total of one hundred forty-six (146) property owners that were notified within 150 feet on each side of the centerline of the pipeline easement. The Weld County Department of Planning Services has not received any correspondence objecting to this USR. G. Section 23-2-480.A.7 — The nature and location or expansion of the pipeline - domestic water will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species. unique natural resource. known historic landmark or archaeological site within the affected area. The TWP PA -1 will utilize trenchless construction methods for water pipeline installation to minimize impacts to natural resources such as jurisdictional waters and wildlife habitat associated with those areas. The area disturbed in constructing the water pipeline will be restored to pre -construction conditions, including grade and vegetation, minimizing long-term impacts to wildlife The TWP PA -1 was assessed for potential jurisdictional waters and wildlife habitat using publicly available mapping and aerial photographs. and by conducting a windshield survey of areas that could be publicly accessed. Information on terrestrial and aquatic animals was obtained from various sources including Colorado Parks and Wildlife. Colorado Natural Diversity Information System, Colorado Natural Heritage Program. U.S. Fish and Wildlife Service, published literature, and field surveys. Site surveys will be performed to aid in the determination of jurisdictional waters and wildlife habitat. Information from the assessment and survey information will be used RESOLUTION USR18-0130 CITY OF THORNTON PAGE 6 to develop final design. Mitigation methods to minimize impacts to these areas will be incorporated into the design and construction as appropriate. Jurisdictional water crossings will be constructed using trenchless construction methods. The City of Thornton conducted an assessment for potential habitat of federally threatened, endangered, and candidate species protected under the Endangered Species Act. The TWP PA - 1 will have no effect on federally listed threatened. endangered. or candidate wildlife or plant species. Mitigation measures such as restricting construction during nesting seasons may be implemented as appropriate. The City of Thornton also conducted a Natural and Cultural Resources Assessment. Section 23-2-480.A.8. — No adverse impact from stormwater runoff to the public rights -of -way and/or surrounding properties as a result of the pipeline - domestic water. The water pipeline is exempt from the requirement for stormwater detention under the exception for pipelines or transmission lines, per Weld County Code Section 23-12-30 F.1.a.5. Offsite stormwater originates on lands adjacent to the water pipeline easement. and land drains over land and via drainageways onto the water pipeline easement. Water originates from multiple locations along the TWP PA -1 depending on topography. Disturbed areas will be restored to preconstruction grades after construction and historic flows will be maintained. Stormwater will exit the water pipeline easement by overland flow or flow in existing drainageways. Water will leave the site from multiple locations along the TWP PA -1 depending on topography. The pipeline easement is not within the MS4 area.. The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Agricultural Goals and Policies Section 22-2-20.A. - A.Goal 1. Respect and encourage the continuation of agricultural land uses and agricultural operations for purposes which enhance the economic health and sustainability of agriculture. The TWP (Thornton Water Pipeline) PA -1. is within unincorporated Weld County and within the agricultural zone. The water pipeline and fiber optic cable will be buried, and land use effects on agricultural and other similar use will be temporary during construction and are anticipated to be minimal after construction. Agricultural use within the permanent easement will be able to continue after construction so long as such uses do not interfere with or endanger the operation of the TWP PA -1. Section 22-2-20.B. - A.Goal 2. Continue the commitment to viable agriculture in Weld County through mitigated protection of established (and potentially expanding) agricultural uses from other proposed new uses that would hinder the operations of the agricultural enterprises. The TWP PA -1, within unincorporated Weld County is located in rural land use areas designated as agricultural zoning. The water pipeline and fiber optic cable will be buried. and land use effects on agricultural and other similar use will be temporary during construction and are anticipated to be minimal after construction. Agricultural use within the permanent easement will be able to continue after construction so long as such uses do not interfere with or endanger the operation of the TWP PA -1. Section 22-2-20.C. - A.Goal 3 County land use regulations recognize and respect the rights afforded by the State Constitution and associated statues of individually decreed water rights. Water rights are considered real property and should be protected as any other private property right. RESOLUTION USR18-0130 CITY OF THORNTON PAGE 7 The TWP PA -1 will not impact water rights. The TWP is a water delivery system that will convey raw water from the WSSC system which was purchased by Thornton in the mid - 1980's from unincorporated Larimer County to Thornton. Water from the WSSC system purchased by Thornton from willing sellers has been decreed in Water Court for use in Thornton. Section 22-2-20.D.4. - A.Policy 4.1. Property owners should demonstrate responsibility of ownership by minimizing safety and health hazards resulting from, but not limited to, unsafe or dangerous structures and noncommercial junkyards. Thornton and the TWP PA -1 contractors will provide and maintain sanitary accommodations for the use of their employees during construction of the TWP PA -1 in a manner that complies with the requirements and regulations of health departments and other governmental bodies. These accommodations, including trash dumpsters and portable toilets which will be located in several locations along the TWP PA -1 route based on the general plan for construction. Construction waste will be stockpiled in construction staging areas and removed from the construction site during the construction process. Trash dumpsters will be emptied approximately every 1 to 2 weeks. The TWP PA -1 will not include the need for permanent dumpsters or sanitary facilities. Noxious weeds within the TWP PA -1 construction limits will be controlled using the Integrated Pest Management (IPM) methods as described by the Colorado Department of Agriculture (CDOA). Section 22-2-20.H.1. - A.Policy 8.1. The land use applicants should demonstrate that adequate sanitary sewage and water systems are available for the intensity of the development. During construction. water may be purchased from local water providers for construction activities such as watering the construction site to minimize fugitive dust or hydrotesting the water pipeline. Contractors will be provided bottled water. water cooler service. or other temporary source of drinking water during construction. Portable toilets will be used during construction. No additional level of service is anticipated to be required. Section 22-2-20.H.3. - A.Policy 8.3. The land use applicants should demonstrate that the roadway facilities associated with the proposed development are adequate in width, classification and structural capacity to serve the proposed land use change. The existing road network has adequate capacity to serve anticipated construction traffic needs, and no new roads or improvements to existing roads are anticipated to be necessary in unincorporated Weld County. After construction, the water pipeline and appurtenances could operate year-round. 24 hours a day: however, the water pipeline and appurtenances will be unmanned. The existing road network has adequate capacity to serve anticipated TWP PA -1 operation traffic needs. It is anticipated that normal operations could include up to two TWP operators traveling in one pickup truck daily along the water pipeline route for a visual inspection and maintenance activities during the hours of 8 a.m. to 5 p.m. Up to twice per year. it is anticipated that TWP operators will enter vault and manhole appurtenances to exercise valves and conduct routine maintenance of equipment. To the extent practicable. visual inspections could be from public roads to minimize impacts to property owners. In case of emergency, the operators may be on -site outside of the normal operating hours. Consequently, there will be minimal effects on the volume of traffic on local streets. Section 22-2-20.H.4. - A.Policy 8.4. The land use applicants should demonstrate that drainage providing stormwater management for the proposed land use change is adequate for the type and style of development and meets the requirements of county, state and federal rules and regulations. Construction of the water pipeline will be via open cut and trenchless methods. In areas where open cut methods will be employed. the ground will be restored to pre -construction RESOLUTION USR18-0130 CITY OF THORNTON PAGE 8 elevations restoring the historical drainage paths across the permanent easement. In the areas where trenchless methods will be employed the historical drainage paths will be undisturbed. Surface drainage BMPs implemented during construction will include application of erosion control techniques and the successful revegetation of disturbed areas. The required Weld County grading permit and CDPHE construction stormwater permits will be obtained before construction, and the associated SWMPs will include detailed descriptions of BMPs that will be used to control erosion. Disturbed areas will be restored to pre - construction grades and revegetated where appropriate after construction. Section 22-2-20.H.5. - A.Policy 8.5. The land use applicants should demonstrate that public service providers, such as but not limited to schools, emergency services and fire protection, are informed of the proposed development and are given adequate opportunity to comment on the proposal. No additional level of service from Weld County public service providers is anticipated to be required. To minimize the impacts of construction on the local community, Thornton will coordinate with Platte Valley RE -1. Saint Vrain Valley School District. and Fort Lupton RE -8 School District regarding construction and haul routes and school bus traffic. Emergency vehicle access will be maintained and construction activities coordinated with local fire departments. police departments, ambulance services. and other emergency responders as necessary. Section 22-2-20.1.4. - A.Policy 9.4. Consider conservation of natural site features such as topography, vegetation and water courses, in conjunction with the conversion of land uses. The TWP PA -1 will utilize trenchless construction methods for water pipeline installation to minimize effects to natural resources such as jurisdictional waters. including streams. rivers. lakes. and wetland areas. The area disturbed for constructing the water pipeline will be restored to preconstruction conditions. including grade and vegetation, thus minimizing long- term impacts. The majority of the impacts on vegetation will be temporary during construction of the water pipeline and long-term impacts to native vegetation communities are not expected. Disturbed areas will be restored to pre -construction grades and revegetated where appropriate after construction. Restored vegetation will be comparable to existing vegetation. Certified weed -free seed mix consisting of drought -tolerant native grasses and other types of vegetation as appropriate to meet property owner's preferences and regulatory requirements will be specified in the SWMP for the revegetation of disturbed areas. Disturbed mature vegetation will be replaced. per a property owner's reasonable request. with a like species. Potential future repairs and maintenance could affect discrete areas of vegetation when the water pipeline is accessed in a particular location. Any vegetated areas disturbed during maintenance or required repairs will be restored by the methods used during construction. Based on site visits conducted in 2016 and 2017 along publicly accessible areas and using Google Earth imagery. six broad vegetation communities within the TWP PA -1 were identified and are as follows: • Mixed upland • Nonnative upland • Riparian • Wetlands • Agricultural lands • Developed/disturbed areas Water pipeline crossings of high -quality vegetation such as wetlands or riparian communities will be constructed using trenchless construction methods. Section 22-2-20.1.5. - A.Policy 9.5. Applications for a change of land use in the agricultural areas should be reviewed in accordance with all potential impacts to RESOLUTION USR18-0130 CITY OF THORNTON PAGE 9 surrounding properties and referral agencies. Encourage applicants to communicate with those affected by the proposed land use change through the referral process. The water pipeline and fiber optic cable will be compatible with adjacent land uses because they will be buried at a depth sufficient to prevent interference with anticipated land uses. The TWP PA -1 is located in and adjacent to agricultural land use areas. Agricultural use within the permanent easement can continue after construction so long as such uses do not interfere with or endanger the operation of the TWP PA -1. The TWP PA -1 is not anticipated to impact standard agricultural practices once the water pipeline is installed. Thornton will coordinate placement of the water pipeline and appurtenances, including bury depth, with individual property owners to minimize impacts to property operations. To introduce the public and potentially affected property owners to the TWP. respond to questions, and to collect input from the public and potentially affected property owners. Thornton conducted a series of Open Houses in November and December 2016 to introduce the public and potentially affected property owners to the TWP Outreach meetings were conducted with the following local governments: Berthoud, Dacono. Firestone, Fort Collins, Frederick, Greeley. Johnstown, Larimer County. Loveland, Mead. Milliken, Timnath. Weld County. Wellington and Windsor Thornton has been in discussions with USACE beginning in 2014 to provide information on the TWP to USACE staff. Thornton will continue consulting with USACE and plans to submit a jurisdictional determination request to USACE before initiating design activities to determine which areas in the TWP PA -1 route are jurisdictional waters. Design will include trenchless construction methods at jurisdictional water crossings. Additional outreach and coordination activities included • Meetings with local major utility providers. • Meeting with CDOT (Colorado Department of Transportation). • Meeting with CPW (Colorado Parks and Wildlife). • Presenting the TWP at the Energy Industry Working Group (Weld County oil and gas companies) on December 15, 2016. • Sending letters to initiate coordination activities to local irrigation and ditch companies, utility providers, wildlife agency outreach (CPW and USFWS). NRCS. and local fire districts. Urban Development Goals and Policies: Section 22-2-30E. - UD.Goal 5. The County and municipalities should strive to coordinate urban land use planning in cooperative planning areas, including such items as development policies and standards, zoning, street and highway construction, open space, public infrastructure and other matters associated with urban development. To determine the alternative corridor least impactful to local communities, Thornton. in 2015. conducted a series of outreach meetings with local governments and agencies that could be impacted by the TWP. During the outreach meetings with each local government and agency. feedback was collected to determine preference(s) and/or determine potential problems for the location of the water pipeline within the local government or agency's jurisdictional and/or GMA boundaries. Weld County staff indicated a preference that the final water pipeline alignment be located outside ROW and outside future planned ROW unless approved by Weld County. Thornton met with Weld County Public Works staff to determine the location and extent of future planned ROW. Thornton understands that. if the TWP PA -1 is located parallel to and within the Weld County ROW. then use of that ROW will required Weld County approval. Other local governments have variously indicated preferences for the water pipeline RESOLUTION USR18-0130 CITY OF THORNTON PAGE 10 to be inside or outside of ROW in their GMA: however, Weld County's preference in unincorporated Weld County takes precedence. Thornton reviewed GMA boundaries and transportation master plans for Dacono. Frederick, and Firestone. and coordinated with these local governments to determine the extent of future ROW within GMA boundaries. Thornton will coordinate the location of the water pipeline within these municipalities and Weld County as appropriate. Environmental Resources Goals and Policies: Section 22-4-30.A.1. - WA. Policy 1.1. Acknowledge a water right as real property that is held by the individual or entity that has developed or maintained the water decree. The TWP PA -1 will not impact water rights. The TWP is a water delivery system that will convey domestic water from the WSSC system, purchased by Thornton in the mid -1980's, from unincorporated Larimer County to Thornton. Water from the WSSC system purchased by Thornton from willing sellers has been decreed in Water Court for use in Thornton. Section 22-4-30.B. - WA.Goal 2. Strive to maintain and protect water supply storage facilities, conveyances and infrastructure adequate to sustain continued water use. Impacts to existing facilities will be managed and mitigated. The TWP PA -1 route was located to minimize impacts to water supply storage facilities. The TWP PA -1 will cross water supply conveyances and infrastructure, such as pipelines conveying raw and domestic water service and irrigation ditches. As part of the stakeholder outreach effort. Thornton has met with local major water providers and sent letters to water providers to begin coordination activities regarding possible conflicts with existing and proposed future utilities. The water pipeline and appurtenances will be designed and constructed in accordance with accepted standards of practice. The design will incorporate criteria for crossing existing utilities. such as minimum clearance requirements between pipelines. Subsurface utility engineering will be completed during the design and construction phases of the TWP PA -1 and will include surface geophysical methods and test holes to determine the locations of existing utilities. The depth of bury will vary based on existing utility crossings, road crossings. water crossings. other existing or proposed features, and property owner preferences. During construction of the water pipeline short-term disruptions could occur to domestic water service if a utility requires relocation. Area residents will be notified in advance of any service disruptions. The TWP PA - 1 will cross multiple irrigation ditches within unincorporated Weld County. Thornton has begun outreach to each irrigation ditch company to begin coordination activities. Thornton will obtain appropriate agreements for each crossing prior to construction. Crossings will be constructed using either open -cut or trenchless construction methods as directed by the irrigation ditch company and during off season, if required. Section 22-4-30.D. - WA.Goal 4. Strive to address the quality of all water bodies as outlined in the State and Federal Water Quality Standards. Development of the TWP PA -1 route considered pipeline construction locations that minimize impacts to historical surface and subsurface water flows in the project area. Pipeline crossings of jurisdictional waters, including wetlands, will be constructed utilizing trenchless construction methods. This construction method will eliminate surface disturbance to the waterbody and effects on water quality. The TWP PA -1 will cross multiple open waters, riparian areas. and wetlands. Prior to construction, Thornton and/or the TWP contractors will obtain the required Weld County grading permit and Stormwater Discharge Associated with Construction Activity — General Permit from CDPHE. SWMPs will be developed under the general permit to protect the quality of stormwater runoff during construction in accordance with the Construction Stormwater Discharge Permit requirements. Construction wastewater associated with the potential dewatering of trenches would be handled in accordance with CDPHE permit discharge requirements. Prior to construction, Thornton and/or the TWP contractors will obtain a General Permit for Construction Dewatering Activities from CDPHE RESOLUTION USR18-0130 CITY OF THORNTON PAGE 11 and specify the management measures to be used to capture and manage any generated discharge. Construction. operation; and maintenance activities will comply with applicable federal, state, and local laws and regulation regarding the use of hazardous substances. Section 22-4-30.D.2. - WA.Policy 4.2. Applications for new development should include provisions for adequately handling drainage and for controlling surface erosion or sedimentation within the site itself. Surface drainage stormwater BMPs will include application of erosion control techniques and the successful revegetation of disturbed areas. The required Weld County grading permit and CDPHE construction stormwater permits and SWMPs will include detailed descriptions of BMPs that will be used to protect surface hydrology and water quality. Section 22-4-30.F. - WA.Goal 6. Development should occur in areas where adequate water quantity and quality is currently available or reasonably obtainable. No water utility services will be required after construction. During construction. water may be purchased from local water providers for construction activities such as watering the construction site to minimize fugitive dust or hydrotesting the pipeline. Contractors will provide bottled water, water cooler service, or other temporary source of drinking water during construction. Section 22-4-50.A.1. - AIR.Policy 1.1. If applicable, land use applications should demonstrate future impacts on current air quality. The amount of surface clearing required for construction will exceed 25 acres: therefore. Thornton and/or the TWP PA -1 contractors will develop a fugitive dust control plan, submit an air pollution emissions notice. and obtain a permit from CDPHE before construction activities in accordance with state air quality regulations. The TWP PA -1 may be constructed under multiple packages: therefore, multiple permits may be obtained as required. Construction activities, such as vehicles driven over cleared ground. general disturbance to vegetated areas. or soil stockpiles susceptible to winds. can cause fugitive dust. During construction. dust control measures will be implemented. Examples of these mitigation measures that may be used on the TWP PA -1 include: • Speed limits for construction vehicles within the work area • Water application to disturbed areas, dirt access roads, and stockpiles • Erosion control techniques and best management practices • Revegetation of disturbed areas where appropriate following construction activities Water will be used as needed for dust suppression during construction. Water sources could be nearby fire hydrants. water pipelines. and water trucks. Water may be purchased from local water providers for construction activities. Once operational. the water pipeline will not impact air quality. Section 22-4-70.A. - N.Goal 1. Minimize the impact of noise on County residents. During construction of the TWP PA -1. the TWP PA -1 will comply with Weld Countys then - existing maximum permissible noise levels (currently WCC Section 14-9-40). Noise from construction equipment will be of short duration during construction. Noise levels from equipment will be controlled through the use of standard maintenance procedures and the use of appropriate mufflers. Construction hours will typically be from 7:00 a.m. to 7,00 p.m., Monday through Saturday unless otherwise approved by Weld County. Construction may extend beyond these hours on a case -by -case basis. For example. some construction activities may be required to complete uninterruptible tasks. meet an in-service date, or minimize short-term impacts to traffic. No noises related to the water pipeline operation are anticipated. RESOLUTION USR18-0130 CITY OF THORNTON PAGE 12 Section 22-4-100.A. - TPD. Goal 1. The County expects businesses, residents and landowners to prevent negative impacts on human health and the environment from waste processing or disposal. TPD.Policy 1.1. Land use applications should be required to characterize the waste stream associated with the proposed land use. Thornton and the TWP PA -1 contractors will provide and maintain sanitary accommodations for the use of their employees during construction of the TWP PA -1 in a manner that complies with the requirements and regulations of health departments and other governmental bodies. These accommodations, including trash dumpsters and portable toilets. will be located in several locations along the TWP PA -1 route based on the general plan for construction. Construction waste will be stockpiled in construction staging areas and removed from the construction site during the construction process. Trash dumpsters will be emptied approximately every 1 to 2 weeks. After construction the TWP PA -1 will not include the need for permanent dumpsters or sanitary facilities. Construction. operation. and maintenance activities will follow best management practices for the management of wastes to avoid and minimize impacts from potential spills or other releases to the environment. These practices are discussed in greater detail in Section C.2.f. Adverse impacts from the release of construction or operations wastes are not expected. Section 22-4-180.A. - H.Goal 1. Encourage the minimization and careful collection of hazardous waste. Require the proper disposal of hazardous components, products and waste. Construction, operation. and maintenance activities involving Thornton or the TWP PA -1 contractors bringing any hazardous materials onto the site will comply with applicable federal. state. and local laws and regulations regarding the handling, storage. disposal, transportation. and use of hazardous substances. In its contract with the TWP PA -1 contractors. Thornton will require that the TWP PA -1 contractors comply with applicable laws. Additional information is included in Section C.2.f. Section 22-4-180.A.1. - H.Policy 1.1. All producers of regulated hazardous waste and users of regulated hazardous materials within the County should comply with federal, state and County statutes, regulations and ordinances regarding use, reporting, storage and disposal of regulated hazardous waste or products. Construction, operation. and maintenance activities involving Thornton or the TWP PA -1 contractors bringing any hazardous materials onto the site will comply with applicable federal, state, and local laws and regulations regarding the handling, storage. disposal. transportation. and use of hazardous substances. In its contract with the TWP PA -1 contractors. Thornton will require that the TWP PA -1 contractors comply with applicable laws. Additional information is included in Section C.2.f. Section 22-4-210.A.2. - NW.Policy 1.2. Attempt to control noxious weeds on County property and in County maintained rights -of -way. Noxious weeds within the TWP PA -1 construction limits, including within Weld County ROW, will be controlled using the following IPM methods as described by the Colorado Department of Agriculture (CDOA). The following methods have been developed to control noxious weeds in a manner that prevents harm to human health and to environmentally sensitive areas such as waterways and desirable vegetation including native trees. • Major equipment (e.g. truck equipment and backhoes) will be cleaned by high pressure air or water spray before being delivered to the project area to avoid introducing undesirable plants and noxious weeds. • If practicable. topsoil should not be salvaged in any area densely infested with noxious weeds. RESOLUTION USR18-0130 CITY OF THORNTON PAGE 13 • For areas where removal is not practicable or only a small area of noxious weeds is present. pretreat all noxious weed populations in the topsoil. • Fertilizer or other soil amendments will not be used unless recommended by a revegetation specialist based on site -specific conditions. The use of fertilizers will be restricted because they can promote noxious weeds and can be detrimental to native species in the revegetation mix. • After construction is complete, all disturbed areas will be properly revegetated as quickly as possible. Prompt revegetation with appropriate species is essential for preventing the spread of noxious weeds. • Certified weed -free seed and mulch will be used for revegetation. Weed -free straw bales will be used for sediment barriers. • If stands of noxious weeds become established, weed control would be implemented following an integrated approach specific to the weed species present. • Because new control methods are continually being developed, particularly for herbicide applications, any control methods used will follow the CDOA and Weld County recommendations at the time of implementation. Section 22-5-30.A. - W. Goal 1. New development should be located and designed to conserve critical ecosystem components, including wetlands, significant wildlife habitats and migration corridors. Significant wildlife habitat is defined as a geographical area containing existing or migrating wildlife and a combination of the essential elements of food, water, cover and space in quantities sufficient to support appropriate wildlife. The TWP PA -1 will utilize trenchless construction methods for water pipeline installation to minimize impacts to natural resources such as jurisdictional waters and wildlife habitat associated with those areas. The area disturbed in constructing the water pipeline will be restored to pre -construction conditions. including grade and vegetation. minimizing long-term impacts to wildlife. The TWP PA -1 was assessed for potential jurisdictional waters and wildlife habitat using publicly available mapping and aerial photographs, and by conducting a windshield survey of areas that could be publicly accessed. Information on terrestrial and aquatic animals was obtained from various sources including Colorado Parks and Wildlife. Colorado Natural Diversity Information System, Colorado Natural Heritage Program, U.S. Fish and Wildlife Service, published literature, and field surveys. Site surveys will be performed to aid in the determination of jurisdictional waters and wildlife habitat. Information from the assessment and survey information will be used to develop final design. Mitigation methods to minimize impacts to these areas will be incorporated into the design and construction as appropriate. Jurisdictional water crossings will be constructed using trenchless construction methods. An assessment was conducted for potential habitat of federally threatened. endangered, and candidate species protected under the Endangered Species Act. The TWP PA -1 will have no effect on federally listed threatened, endangered. or candidate wildlife or plant species. Mitigation measures such as restricting construction during nesting seasons may be implemented as appropriate. Impacts to these areas will be temporary and only occur while the water pipeline construction is taking place. After construction is completed, the area will be restored to pre -construction grades and vegetation. Section 22-5-30.A.1. - W.Policy 1.1. Development and design of land uses which require drainage, excessive removal of riparian vegetation and alterations of river or stream banks should be discouraged in order to protect river or stream quality and to protect key wildlife habitat. The water pipeline will not require drainage and no alterations of river or stream banks will occur. Site surveys will be performed to aid in the determination of jurisdictional waters and wildlife habitat associated with those areas. Information from the assessment and survey information will be used to develop final design. Mitigation methods to minimize impacts to these areas will be incorporated into the design and construction as appropriate. RESOLUTION USR18-0130 CITY OF THORNTON PAGE 14 Jurisdictional water crossings will be constructed using trenchless construction methods. Open waters and wetlands determined to be non -jurisdictional and any riparian areas would be temporarily impacted by open cut trenching activities. During construction, the trench would be as narrow as safely practicable when crossing non -jurisdictional waters and wetlands or any riparian areas. The area disturbed in constructing the water pipeline will be restored to pre -construction conditions, including grade and vegetation. Section 22-5-30.A.2. - W.Policy 1.2. Conflicts with fish and wildlife habitats and migration routes should be considered in land development. Developments adjacent to rivers and streams, waterfowl areas and important or critical wildlife areas should incorporate reduced densities, adequate setbacks and buffered areas. The TWP PA -1 will utilize trenchless construction methods for water pipeline installation to minimize impacts to natural resources such as jurisdictional waters and wildlife habitat associated with those areas. The area disturbed in constructing the water pipeline will be restored to pre -construction conditions. including grade and vegetation. minimizing long-term impacts to wildlife. The TWP PA -1 was assessed for potential jurisdictional waters and wildlife habitat using publicly available mapping and aerial photographs. and by conducting a windshield survey of areas that could be publicly accessed. Information on terrestrial and aquatic animals was obtained from various sources including Colorado Parks and Wildlife, Colorado Natural Diversity Information System, Colorado Natural Heritage Program. U.S. Fish and Wildlife Service. published literature, and field surveys. Site surveys will be performed to aid in the determination of jurisdictional waters and wildlife habitat. Information from the assessment and survey information will be used to develop final design. Mitigation methods to minimize impacts to these areas will be incorporated into the design and construction as appropriate. Jurisdictional water crossings will be constructed using trenchless construction methods. An assessment of the TWP PA -1 was conducted for wildlife habitat and migration corridors. The TWP PA -1 could temporarily impede movement of wildlife and result in the displacement of some individuals during construction activities. During construction. wildlife crossovers (trench plugs) with ramps on each side of the trench could be installed at well-defined game trails. The water pipeline would not provide a barrier to wildlife movement over the long term because the water pipeline would be buried. Section 22-5-30.A.3. - W.Policy 1.3. Identify and attempt to protect critical or unique habitat areas of high public value, such as habitats of endangered or unique species, significant viewing areas and breeding and spawning areas. An assessment was conducted for potential habitat of federally threatened, endangered. and candidate species protected under the Endangered Species Act. The TWP PA -1 will have no effect on federally listed threatened. endangered. or candidate wildlife or plant species. Mitigation measures such as restricting construction during nesting seasons may be implemented as appropriate. Impacts to these areas will be temporary and only occur while the water pipeline construction is taking place. After construction is completed, the area will be restored to pre -construction grades and vegetation. Section 22-5-30.B.1. - W.Policy 2.1. The effect of proposed development upon wildlife and habitat should be evaluated. Loss of critical habitat should be mitigated. The County will maintain maps of known critical wildlife habitats. An assessment of the TWP -PA-1 was conducted for wildlife and wildlife habitat. Information on terrestrial and aquatic animals was obtained from various sources including Colorado Parks and Wildlife. Colorado Natural Diversity Information System. Colorado Natural Heritage Program, U.S. Fish and Wildlife Service, published literature. and field surveys. An assessment was conducted for potential habitat of federally threatened. endangered. and candidate species protected under the Endangered Species Act. The TWP PA -1 will have no effect on federally listed threatened. endangered. or candidate wildlife or plant species. Mitigation measures such as restricting construction during nesting seasons may be RESOLUTION USR18-0130 CITY OF THORNTON PAGE 15 implemented as appropriate. Impacts to these areas will be temporary and only occur while the water pipeline construction is taking place. After construction is completed, the area will be restored to pre -construction grades and vegetation. Section 22-5-40.D. - O.Goal 4. Encourage the preservation, enhancement and/or maintenance of significant natural land features during the land use process. The TWP PA -1 will utilize trenchless construction methods for water pipeline installation to minimize impacts to natural resources such as jurisdictional waters and wildlife habitat associated with those areas. The area disturbed in constructing the water pipeline will be restored to pre -construction conditions, including grade and vegetation. minimizing long-term impacts to wildlife. Section 22-5-40.D.3. - O.Policy 4.3. Encourage compatible, drought -tolerant landscaping in land use proposals and ensure the integration of new landscaping with the existing natural landscape. The majority of the impacts on vegetation will be temporary during construction of the water pipeline and long-term impacts to native vegetation communities are not expected. Disturbed areas will be restored to pre -construction grades and revegetated where appropriate after construction. Restored vegetation will be comparable to existing vegetation. Certified weed - free seed mix consisting of drought -tolerant native grasses and other types of vegetation as appropriate to meet property owner preferences or regulatory requirements will be specified in the SWMP for the revegetation of disturbed areas. Disturbed mature vegetation will be replaced, per a property owner's reasonable request, with a like species. Potential future repairs and maintenance could affect discrete areas of vegetation when the water pipeline is accessed in a particular location. Any vegetated areas disturbed during maintenance or required repairs will be restored by the methods used during construction. Other Natural Resources Goals and Policies: Section 22-5-120.C. - NR.Goal 3. Recognize Weld County soils as a natural resource that is important to support the Weld County economy. Surface drainage BMPs implemented during construction will include application of erosion control techniques and the successful revegetation of disturbed areas. The required Weld County grading permit and CDPHE construction stormwater permits will be obtained before construction. and the associated SWMPs will include detailed descriptions of BMPs that will be used to control erosion. Disturbed areas will be restored to pre -construction grades and revegetated where appropriate after construction. Section 22-5-120.C.1. - NR.Policy 3.1. Support efforts to limit the loss of soil through wind and water erosion. Surface drainage BMPs implemented during construction will include application of erosion control techniques and the successful revegetation of disturbed areas. The required Weld County grading permit and CDPHE construction stormwater permits will be obtained before construction. and the associated SWMPs will include detailed descriptions of BMPs that will be used to control erosion. Disturbed areas will be restored to pre -construction grades and revegetated where appropriate after construction. Section 22-5-120.D. and D.1. - NR.Goal 4. Support the health, preservation and uses of the grassland areas of the County. and NR.Policy 4.1. Support the responsible use of dryland grass areas of the County for ranching, farming, mineral extraction and other beneficial uses. RESOLUTION USR18-0130 CITY OF THORNTON PAGE 16 The easements needed for the water pipeline will grant Thornton an area to construct, operate, and maintain the water pipeline. and property owners will maintain fee title to the land. Property owners who grant a permanent easement to Thornton can continue to use the land within the easement area for purposes such as farming. ranching or other beneficial uses. so long as such uses do not interfere with or endanger the operation of the TWP PA -1. The majority of the impacts on vegetation will be temporary during construction of the water pipeline and long-term impacts to native vegetation communities are not expected. Disturbed areas will be restored to pre -construction grades and revegetated where appropriate after construction. Restored vegetation will be comparable to existing vegetation. Certified weed - free seed mix consisting of drought -tolerant native grasses and other types of vegetation as appropriate to meet property owner preferences or regulatory requirements will be specified in the SWMP for the revegetation of disturbed. Disturbed mature vegetation will be replaced. per a property owners reasonable request. with a like species. Potential future repairs and maintenance could affect discrete areas of vegetation when the water pipeline is accessed in a particular location. Any vegetated areas disturbed during maintenance or required repairs will be restored by the methods used during construction. This recommendation is based. in part upon a review of the application materials submitted by the applicant, other relevant information regarding the request. and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. A Road Maintenance Agreement is required during the construction of the pipeline. Road maintenance may include dust control, tracking control. damage repair attributable to construction of the pipeline and located within 'A mile of any construction access point for the project. (Department of Public Works) B. Provide written evidence to the Department of Planning Services that a crossing agreement has been approved with The Farmers Reservoir and Irrigation Company. (Department of Planning Services) C. Provide written evidence to the Department of Planning Services that a crossing agreement has been approved with the Last Chance Ditch Company. (Department of Planning Services) D. Provide written evidence to the Department of Planning Services that Colorado Department of Transportation (CDOT) permits have been obtained. (Department of Planning Services) E. Provide written evidence to the Department of Planning Services that there has been resolution with the City of Dacono concerning the haul route. (Department of Planning Services) F. Provide written evidence to the Department of Planning Services that the concerns of the Town of Firestone have been resolved. (Department of Planning Services) G. Provide written evidence to the Department of Planning Services that the concerns of the Lupton Bottom Ditch Company have been addressed. (Department of Planning Services) H. The USR map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR18-0130. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The map shall be prepared per Section 23-2-520.D of the Weld County Code. (Department of Planning Services) RESOLUTION USR18-0130 CITY OF THORNTON PAGE 17 4) County Roads 4. 8, 10. 16, 17, 18, 22 & 28 are gravel roads and are designated on the Weld County Functional Classification Map as local roads which require 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the existing right- of-way (along with the documents creating the existing right-of-way) and the physical location of the road. This road is maintained by Weld County. (Department of Public Works) 5) County Road 6 & 20 are paved roads and are designated on the Weld County Functional Classification Map as collector roads which require 80 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. This road is maintained by Weld County. (Department of Public Works) 6) County Roads 12 & 14 Section Lines are shown to have 60 feet of unmaintained section line right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way on the site plan. All setbacks shall be measured from the edge of right- of-way. Show and label the section line Right -of -Way as "CR 12 or CR 14 Section Line Right - Of -Way. not County maintained.- (Department of Public Works) 7) County Roads 24 & 26 are under the jurisdiction of the Town of Firestone where the pipeline crosses. The municipality has jurisdiction over access to the road. Show and label the right- of-way. Show the approved access(es) on the site plan and label with the approved access permit number if applicable. (Department of Public Works) 8) Show and label the approved permanent access locations on the site plan (If applicable). The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) The applicant shall provide evidence to the Department of Planning Services that one hundred percent (100%) of the easements and/or right-of-way have been obtained. (Department of Planning Services) 2. Upon completion of Condition of Approval #1 above_ the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-520.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3. approved April 30. 2012. should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. (Department of Planning Services) 4. Prior to Construction: A. The approved access and tracking control shall be constructed prior to construction of the pipeline. (Department of Public Works) B. The applicant shall submit evidence of a right-of-way permit for any work that may be required in the right-of-way and/or a special transport permit for any oversized or overweight vehicles that may access the site. (Department of Public Works) C. If more than one (1) acre is to be disturbed for construction of non -pipeline items, a Weld County grading permit will be required. (Department of Public Works) RESOLUTION USR18-0130 CITY OF THORNTON PAGE 18 D. A Flood Hazard Development Permit is required to install pipelines in the 100 -year floodplain. (Department of Planning Services - Floodplain) E. The applicant shall submit a Communication Plan. (Department of Planning Services) F. The applicant shall submit a statement that addresses the lighting that will be used if there is construction on the pipeline at night. (Department of Planning Services) 5. Prior to Operation: A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. (Department of Planning Services) 6. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property. until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) (Department of Planning Services) Motion seconded by Bruce Sparrow. VOTE For Passage Bruce Sparrow Michael Wades Tom Cope Against Passage Absent Bruce Johnson Lonnie Ford Gene Stille Richard Beck Skip Holland The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. Elijah Hatch CERTIFICATION OF COPY I. Kristine Ranslem. Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County.. Colorado. adopted on May 21. 2019. Dated the 215' of May. 2019 4-6VbSeit- eAdvAint_ Kristine Ranslem Secretary RESOLUTION USR18-0130 CITY OF THORNTON PAGE 19 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS (City of Thornton raw domestic water pipeline) USR18-0130 A Site -Specific Development Plan and Special Review Permit for a greater than 16 -inch raw domestic water pipeline (permanent 48 -inch pipeline and associated appurtenances. including, but not limited to buried valve assemblies. access manways. fiber optic cable and temporary construction easements) in the A (Agricultural) Zone District. subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The property owner or operator shall provide written evidence of an Emergency Action and Safety Plan on or before March 15« of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. (Department of Planning Services) 4. The number of employees during peak construction will be between eighty (80) and one -hundred (100) according to the application materials. (Department of Planning Services) 5. The number of employees post construction activity will include up to two (2) City of Thornton employees traveling in one (1) pickup truck along the water pipeline route for visual inspections and maintenance activities. This activity can occur daily between the hours of 8 a.m. to 5 p.m Monday — Friday. (Department of Planning Services) 6. Hours of operation during construction will occur between 7am and 7pm Monday — Saturday and may be extended with prior approval by the Dept. of Planning Services. The pipeline will operate 24 hours per day. seven (7) days per week post -construction. It is expected that the City will be able to access the easement during anytime for maintenance and repairs. (Department of Planning Services). 7. All signs shall adhere to Chapter 23, Article IV. Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 8. 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. (Department of Public Works) 9. During construction, the access(es) on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. (Department of Public Works) 10. During construction. there shall be no parking or staging of vehicles on public roads. (Department of Public Works) 11. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 12. Any damage occurring to the County right-of-way or County maintained roadway. caused by the pipeline, will be the responsibility of the operator. (Department of Public Works) 13. The historical flow patterns and runoff amounts on site will be maintained. (Department of Public Works) RESOLUTION USR18-0130 CITY OF THORNTON PAGE 20 14. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5. C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 15. During construction, no permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act. 30-20-100.5. C.R.S. (Department of Public Health and Environment) 16. During construction, waste materials shall be handled. stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions. blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14. Article 1 of the Weld County Code. (Department of Public Health and Environment) 17. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the pipeline and until ground cover is established. Uses on the property shall comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 18. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division. Colorado Department of Public Health and Environment. as applicable. (Department of Public Health and Environment) 19. During construction, adequate toilet facilities and handwashing units shall be provided. Portable toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment) 20. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 21. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected. light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as. traffic control devices. (Department of Planning Services) 22. A building permit may be required. per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2018 International Codes: 2006 International Energy Code: 2017 National Electrical Code; A building permit application must be completed and two complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) 23. 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. 24. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards. as shown or stated. shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) RESOLUTION USR18-0130 CITY OF THORNTON PAGE 21 25. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 26. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including. but not limited to, sand and gravel. oil. natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits: and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 27. WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive agricultural counties in the United States. typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads: dust from animal pens. field work. harvest and gravel roads: odor from animal confinement. silage and manure: smoke from ditch burning: flies and mosquitoes: hunting and trapping activities: shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102. C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be. the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes. or other structures. unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4.000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance. and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads. no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. RESOLUTION USR18-0130 CITY OF THORNTON PAGE 22 Rural dwellers must. by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs. puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important. not only for their safety. but also for the protection of the farmer's livelihood. Wkivk-via6 5(2\ l2oiq SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, May 21. 2019 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair. Michael Wailes. at 12:30 pm. Roll Call. Present: Michael Wailes, Bruce Sparrow, Bruce Johnson. Gene Stille, Tom Cope. Lonnie Ford. Richard Beck, Elijah Hatch. Skip Holland. Also Present: Chris Gathman. Angela Snyder, and Tom Parko, Department of Planning Services: Lauren Light and Ben Frissell, Department of Health; Evan Pinkham. Hayley Balzano and Mike McRoberts. Public Works; Bob Choate. County Attorney. and Kris Ranslem. Secretary. CASE NUMBER APPLICANT PLANNER REQUEST. LEGAL DESCRIPTION LOCATION USR18-0130 CITY OF THORNTON TOM PARKO A SITE -SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A GREATER THAN 16 -INCH RAW DOMESTIC WATER PIPELINE (PERMANENT 48 -INCH PIPELINE AND ASSOCIATED APPURTENANCES. INCLUDING, BUT NOT LIMITED TO: BURIED VALVE ASSEMBLIES. ACCESS MANWAYS, FIBER OPTIC CABLE AND TEMPORARY CONSTRUCTION EASEMENTS) IN THE A (AGRICULTURAL) ZONE DISTRICT. THE PIPELINE CROSSES SECTIONS 4, 5, 8. 9, 16, 17, 20, 21, 28. 29. 32. AND 33. T1 N, R67W; SECTIONS 4, 5, 8, 9, 16, 17, 20. 21. 28, 29, 32. AND 33, T2N. R67W: SECTIONS 20. 21 28. 29. 32. AND 33, T3N. R67W; ALL IN THE 6TH P.M.. WELD COUNTY COLORADO. STARTING AT CR 2 AND EXTENDING NORTH FOLLOWING CR 17 TO JUST NORTH OF HWY 66. Tom Parko. Planning Services, presented Case USR18-0130. reading the recommendation and comments into the record. Mr. Parko noted that four (4) letters were received from surrounding property owners. One of the letters was signed by four property owners who reside near Larimer County Road 1 and Weld County Road 13. In that letter the concerns outlined avoiding irrigation ditches and requested that the pipeline be placed in the right-of-way. Mr. Parko noted that this letter deals with a different and future segment. He added that Thornton will eventually submit future applications for additional segments. Additionally. another letter requested that the pipeline be placed in the future right-of-way of what will become the realignment of Quebec Avenue and County Road 17. He noted that the County's preference is not to have pipeline located in the right-of-way, however there are certain areas along this route that the applicant is requesting the pipeline be located into existing or future County right-of-way due to property owner requests. Another letter was from a gravel mine operator that would also like the pipeline located in right-of-way to avoid current and future mining and reclamation efforts. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Sparrow asked referred to placement in the right-of-way and asked what it does to the County's rights to expand or widen those roads. Mr. Parko deferred to Public Works. Evan Pinkham, Public Works, reported on the road crossings and classifications of the roadways. A Road Maintenance Agreement during construction will be required. Mr. Pinkham noted that there is a development standard addressing right-of-way concerns that states "The pipeline shall not be placed within right-of-way except for perpendicular crossings unless approved by the Board of County Commissioners". He said that the applicant is requesting to place the pipeline in right-of- way in five (5) locations. He added that the request from the applicant is due to the request from the property owners along the route to stay outside of their property limits and be within the right-of-way limits. Mr. Pinkham said it is not typical for them to allow these types of pipelines with the County's right-of-way. 1 however, they are requesting a recommendation from the Planning Commission on whether the applicant should be allowed to locate the pipeline in these locations within Weld County right-of-way. Commissioner Sparrow asked what the future is to be projected for that road. Mr. Pinkham said that there is an alignment planned for County Road 17 at the county border with Adams County. He said that it is primarily a local, gravel road and in their planning they don't a lot of growth on that particular road in general, however, population growth is high in those areas. so it is somewhat difficult to predict. Commissioner Beck asked if the pipeline within the right-of-way restrict the County's placement of roads on the surface at some point in the future. Mr. Pinkham said that within the Right -of -Way Permit they would require the pipeline to be low enough to not restrict the widening of that road in the future. Commissioner Johnson agreed with the original policy that it should not be placed in the right-of-way as it establishes a precedence. Commissioner Stifle agreed and said that we don't want to start a precedence. Commissioner Cope asked how many other utilities the County has in the right-of-way. He added that in working on County Road 49 there as conflict with other utilities such as fiber optics, etc. Mr. Pinkham said that public utilities are allowed to be within the right-of-way for the use of the homes along the road. He added that transmission lines and oil and gas pipelines are not allowed within the right-of-way. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements. on -site dust control, and the Waste Handling Plan. Jan Coleman. 9500 Civic Center Drive. Thornton. Colorado. stated that she is the Mayor Pro-tem for the City of Thornton. Ms. Coleman introduced the presentation and said that this project is a good example of how two neighboring local governments can work together to meet the needs and expectations of both communities. Mark Koleber said that Thornton is growing and will need additional supply by 2025. The Thornton water project will divert water from the two ditches, The Jackson Ditch and The Water Supply and Storage Ditch to divert from the Poudre and put it in the reservoir they own in Larimer County. He added that they have a water court decree and an agreement with the ditch companies that will allow this water to be moved from the ditch company down to Thornton for municipal water use. The total length of the pipeline will be approximately 75 miles, therefore, they have submitted the application in segments to allow the city to progress with the project and keep it on schedule. Later this year, they will start to construct approximately 7 miles of the pipeline in Johnstown and Windsor and start designing the project through Thornton. This application today is for the southern segment in Weld County. The total segment is approximately 15 miles with 13.3 miles located in unincorporated Weld County and the remaining 2.8 miles located in municipalities. Thornton plans to start construction of the first segment in 2021. Mr. Koleber said that in the outreach of these segments the property owners requested the location of the pipeline in the right-of-way to not interfere with agricultural use and to stay as close to the road as possible. John Doty. Western State Land Services; 288 Holden Lane, Johnstown Colorado, stated that the negotiation process is working with each landowner individually to minimize the impacts to their property and the goal is to try to accommodate reasonable requests. They intend to treat every landowner fairly and emphasize the importance of being transparent and respectful toward landowners and land rights while working towards a mutual agreement. He added that they are taking into account current and future uses, existing utilities and irrigation facilities. landscaping and other improvements specific to each property. Mr. Doty said that prior to construction they will document the condition of the easement areas so that they can ensure the property is restored to pre -construction conditions or better. He added that they are seeking non-exclusive easements for the pipeline and the property owner is able to grant overlapping easements for future utilities or other facilities. so long as they do not interfere with Thornton's ability to access and maintain the pipeline. Initial offers have been made to 100% of the property owners and easements have been acquired on six (6) individual landowners or 10% of this segment. He added that they will continue to reach voluntary agreements. Eminent domain will only be used as a last resort. 2 Commissioner Wailes asked how large the easement is that is being requested. Mr. Doty said that the permit easement is 50 -feet wide with a 45 -foot wide temporary easement. In response to Commission Wailes inquiry, Mr. Koleber said that they are open to sharing that pipeline corridors, however they have not received any request to do that in this area. Commissioner Wailes asked if the fiber optics will be available to municipalities or emergency services. Mr. Koleber replied that they are open to those conversations. Mr. Koleber provided an overview of why the landowners in five (5) portions of the segment are requesting that the pipeline be placed in the County right-of-way. Bill Wycoff. 333 CR 17, Brighton. Colorado. presented his family's thoughts and positions regarding the placement of the pipeline. A lot of the neighboring houses are very close to the road and the 150 foot right- of-way proposed for the future of Quebec would accommodate four (4) lanes with a separation. The initial plan of placing the pipeline to come across County Road 2 and follow County Road 17 is logical. however, with the easement required for the pipeline and the easement required for the road it really cuts into the geography that is remaining. Therefore, he requested that the pipeline be placed on the east side of the future road and preserve as much land as possible on the west side. Commissioner Ford asked if Weld County decides to widen the road can it be paved over the pipeline. Mr. Koleber said yes and added if they need to repair their pipeline under the pavement they will restore the roadway. Commissioner Stille asked if this sets a precedence to allow pipelines within Weld County right-of-way. Mr. Parko said that in terms of precedence. Planning looks at a case by case basis and it may make sense in this situation because of the factors involved. He doesn't know if it would set precedence because there are property owners that are requesting that the pipeline be placed in right-of-way to avoid impacts to private property. One owner in particular doesn't want a pipeline within feet of the front porch. Commissioner Beck asked for the status of the new road and if easements have been secured. Mr. Parko said that a portion of the realignment is in Adams County and a portion is located in Weld County. Mr. Parko said that he knows that initial plans have been drafted for the realignment. but will defer to Public Works for more detail on the status. Mr. Pinkham added that in 2008 there was an alignment study completed for several intersections along County Road 2 and included the Cities of Thornton. Northglenn and Adams County and Weld County. With County Road 17. there were three (3) alternatives that were planned and he added that the most likely alternative is the one being discussed today. These alignments are based off of development when construction will happen. Commissioner Cope asked what depth the pipeline will be. Mr. Koleber said that it will be placed a minimum of four to five feet to the top of the pipe. Mr. Cope asked what they are looking at for operating pressure. Mr. Koleber said that they are proposing two pump stations along the pipeline. A source water pump station that will get the water from the Poudre basin around to Firestone and another booster station to get it to the elevation at Washington and Thornton Parkway. Commissioner Wailes said that the pipeline will touch a lot of municipalities and asked if there is a possibility for these municipalities to purchase carriage from this pipeline. Mr. Koleber said that there were some municipalities that expressed interest in it and if they would have received commitment that they wanted to they could have sized the pipeline but at this point it would be excess capacity. The Chair asked if there was anyone in the audience who wished to speak for or against this application. John Howard, 8679 CR 4, stated that he is the contact person for Yoxsall Ditch. He has had one contact with Thornton and would appreciate Thornton to connect with him. He is also a potential landowner and it has been over one year since the initial contact. He is worried that Thornton is not trying to negotiate but instead waiting for condemnation. 3 Gary Howard. 8739 CR 4, stated that he has been disappointed in Thornton since they have not heard from them. They were presented with a cheap offer and didn't hear from them again. He expressed concern regarding the settling of the road. A 4 -foot pipeline will displace a lot of dirt and asked where it will go. Mr. Howard said that he owns 1.5 miles of the 13 miles and thinks that Thornton would be interested in talking with him. Rachelle Richardson, 10879 CR 17, said that it seems there is more concern in talking with municipalities than talking with the agricultural people. She expressed concerned with tearing up the agriculture land and there will be a five (5) year recovery period for their fields. She added that the most discriminated person is the caretaker of the land. She asked for support from the Commissioners. Mindy Sprague, 10732 CR 17, said that she understands the need for water development but prefers to keep private property as such. She prefers it go down the roadway. Bill Wycoff. 333 CR 17, said that eminent domain is impossible to fight. He added that he would like to keep the farm field whole, but it doesn't seem like that is the ultimate possibility. He said that with the path of the road and the path of the pipeline undetermined, they haven't thought to talk about prices and offers. He added that he hasn't received a formal offer because he thinks the location is unsettled. Ruth Martin. 8592 CR 24, asked where the pump stations are planned to be. The Chair said that they will ask and have it identified on the map. Mr. Koleber said that the first pump station will be north and west of Ft. Collins at the Water Supply Storage Reservoir and the second pump station is planned in Firestone next to an oil and gas compressor station. Commissioner Wailes asked the applicants to speak of the lack of communication in the negotiation process. Mr. Doty said that they have reached out to all landowners and have had made initial offers. He added that the acquisition process is multifaceted and the gap in communication is from trying to refine the engineering and talking with multiple landowners. (Gene Stille left the hearing at 5.45 pm) Mr. Doty said that there were a number of appraisers that found sales and analyzed them and valuated them. They took the numbers to make initial offers and the responses were that they were too low. Mr. Doty said that the next step is the notice of intent letters which is the formal process to give the landowners the right to get their own appraisal. They hope that the landowners will take them up on that. Commissioner Wailes asked about ditch crossings and if they are in communication with them. Mr. Doty said that construction is a ways out and haven't had communication with the ditches in this segment but added that they intend to do so. The Chair asked if there are any changes to the Resolution. Mr. Parko said that there is nothing in the County Code that requires 100% of the easements must be obtained. He added that historically the County has requested documentation that all easements have been secured prior to recording the USR map. Mr. Parko suggested adding a Condition of Approval 1.1 under Prior to Recording the Map to state "The City of Thornton shall provide evidence to the Department of Planning Services that 100% of the easements and/or right-of-way have been obtained". Commissioner Sparrow expressed concern that it appears that the applicant hasn't done as much as they could to acquire easements and it worries him that the passage of this gives them a great deal of leverage against the landowner. Commissioner Johnson said that at the last contentious pipeline the Board of County Commissioners were required 90% of participation so they knew what they were approving and believes that is a reasonable approach. Commissioner Holland said that eminent domain has to go through individually which would stretch this thing out. Mr. Koleber said the alignment is defined and it won't affect the schedule. He said that they have the full design period to acquire all the easements and added that eminent domain is the absolute last resort. Mr. Koleber said that he understands that the USR maps have to include the reception numbers for the easements so they feel that was the documentation of acquiring all the easements. 4 Commissioner Cope asked if there a time frame of when things have to get done if this is approved through the County Commissioners. Mr. Parko said that the applicant must commence construction within three (3) years from the time the County Commissioners conditionally approve the USR. He added that the applicant is also suggesting amending the timing of the recording the map. Mr. Koleber said that they are requesting to amend Condition of Approval 3. He added that after they get the approval from the County Commissioners they would start the design and in April 2021 they would have the bid documents ready to go and would need to have all the easements lined up. Therefore, they request the USR map deadline at April 2021. The Chair asked the Planning Commission about their thoughts for Staff's request of adding a new Condition of Approval 1.1 regarding how many easements the applicant would need to have in hand prior to recording the map. Commissioner Johnson said that it should be greater than 75%. Commissioner Sparrow added that it should be at least over half. Commissioner Cope asked for Staff's opinion. Mr. Parko said that what they have typically done with other pipeline projects is making sure the applicant submits evidence that 100% of easements and/or right-of-way has been obtained prior to recording the map. He added that he has no concerns with showing the reception numbers on the maps as that is showing evidence prior to recording the map. Commissioner Beck said that he isn't sure they need to muddy the waters than they already have and the rules and regulations in place are sufficient. However. he is concerned with the existing and proposed roadway that the City of Thornton has basically mapped the pipeline to be situated with a roadway that doesn't and might never exist. He added that if we are going to overlook or bypass those types of concerns in order to give them a permit to move forward, then we should. Motion: Add a new Condition of Approval 1.1 that states "The applicant shall provide evidence to the Department of Planning Services that 100% of the easements and/or right-of-way have been obtained", Moved by Tom Cope, Seconded by Bruce Johnson. Motion carried (7-1) with Richard Beck casting the nay vote. Mr. Pinkham asked for a recommendation on whether the pipeline should be allowed in the right-of-way. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. Mr. Koleber requested the additional time for getting the USR maps recorded. Commissioner Cope felt that this request is better handled by the County Commissioners. The Planning Commission agreed. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. Mr. Koleber replied that they are in agreement. Motion: Forward Case USR18-0130 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of denial, Moved by Bruce Johnson. Seconded by Elijah Hatch. In Commissioner Johnson's motion. he cited Section 23-2-480 Item 2 for undue adverse effect on existing landowners and Item 3 regarding negative impacts on the surrounding areas that may be impacted and Item 5 regarding the welfare as he is sure that health and safety will be dealt with by all kinds of third party entities but the County inhabitants welfare need to be dealt with more directly. He believes the applicant has complied with the remaining requirements. Vote: Motion failed (summary: Yes = 4, No = 4. Abstain = 0). Yes: Bruce Johnson, Elijah Hatch. Lonnie Ford, Richard Beck. No: Bruce Sparrow. Michael Wailes, Skip Holland. Tom Cope. Absent: Gene Stille. Motion: Forward Case USR18-0130 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval. Moved by Michael Wailes. Seconded by Bruce Sparrow. Commissioner Wailes said that the applicants and Staff have shown that they met all eight criteria under Section 23-2-480. 5 Vote: Motion passed (summary: Yes = 5. No = 3. Abstain = 0). Yes: Bruce Sparrow. Michael Wailes. Richard Beck. Skip Holland. Tom Cope. No: Bruce Johnson. Elijah Hatch. Lonnie Ford. Absent: Gene Stifle. Commissioner Beck said that this needs to move forward to the Board of County Commissioners and hopefully they will make any wise decisions, additions or subtractions they need to. Commissioner Cope feels that putting the pipeline in the right-of-way in this situation is probably acceptable as long as they do it in a minimized area that they will not go through the whole section and there is good. justified reasons. Commissioner Johnson agreed with the placement of the pipeline in the right-of-way in those areas. He added that he would be in support of the project if there was a higher participation of the surface owners. Commissioner Sparrow referred to leverage and said that the City of Thornton is asking for the right to do it and if it is passed by the County Commissioners then they have the right to do it and it gives them the tremendous difference in leverage. Meeting adjourned at 8:20 pm. Respectfully submitted, Kristine Ranslem Secretary 6 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State. Zip Dew MAL�Ty ti rat in, G,a. 2q o• Le 'peen five/ 41. Mire-- ,1 • I I a . l .. - . . *fog c /G 7 32, wLo e R 17 min; ae,. Y S��i gu k �<<�ar�1�n /7 ;am c /7 24 T ' a 0 I cell .o.a sr./S e 9-0W INAA Srti' at -03Z ?CIF) 6' 1W'S 4*AfCCs - Cc 600 1 ?to aeon Q..yerio/ec ccnri . /4611 5 t 4t C/9 et An ` �l /7 a cccC-) 3 � mottleeA 7001'/ Gvr i.c; 1, A.• c; 4 A.,*A . 44 ij-„ . n f v 1i / 1 fan `/i it) 4C 3 44LJtit I co- 1ic4C 1 z -j Co, ,i14-i / i / f A 4 ,4 fi cCC qI tuts -43tti A 2 oy c/ Cvu,1f-i 1 f J 17 7i i ci_ v 16Ee 5 , , ,1 Fi..L- Won) A tio2 ?F 14444431 PA (r -A-4 0- CC *in" &*'al / SE l . c / "s' 44444, sf, C•••"4 Too, (I/ cii, (C &cs ar /IF -1-:1-4.„- -4 j 1•ti,..:: ,), Le: c c ci 11 ,�_c-' Lc'7.'+-*:< Q .1. \ic4cn5s a•.k .,rQ7y-fay .So€ 23 c- t`WS w s-- —& cot. uoccutvo•. fn v.nat atCClt6S1a.otw[..coon C)U3OI1()AC1Pr to451% Seminpte_ €1.3. ltdittk.Cw,N,A) CO KO4SLI P,tcher Aotoeec,,tor+n Mark Cw.i0.1 as - in rcado s -r 6It•Zl)Ir Dtrs.i5u4 CO 8/361 /leoJJ w tike entry. On Q.\C\A V1A&E•SS .SiaG(A 4o puCtr€liLLE_ Co Sloes/ ►eAKPNESS 1992 6r 't•an\ -1cacKy--1L.ssler , 1 3,3 Ct 3Se, ►?Ia_tieu,Ilc ?o&s/ 1 it E.Siena e t llifr CQttokMsten.,gs ZeliknLa_ sosi.l xricilt iti rm.1_Sdrn q a 3 N/4 34"-'Jd44CA.rtr%Ai @' al/ F�y� 6404 C'! CJ?, 51 V S,i bns ,iris , /la GCSJV OJ�., o2 i 'C0WCO C CC' 13 - d-esciV eJee MM27 ck # y v ch n Co. �D53 y f c). I'E Q r a' otts a 2 15 o%lnt -0w4 Co 5053 N ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip Lo.wrenCe 6 R. ccler- 2.10 Li C. CP 1S ,,Llt.,slown (C f'Q5 31f :jilt,' P4 'A r& El l7 54/4 W �•) 3! 1i.ck�'.—. O } sds Al kalret_ 41_11 s,4/1r ✓w:n Jd ite:A.co eosact- 8 1tE /fir Ira, FELc 1354 $6 "' 4vc -+ESE LEY ce f'f�4‘e _Totem Dafir 2-$,S du.-AgA/ Cal -id , j'ifrtiTh. u.,),a!, cn 505-51 Z, Sin ;1e -- 9l19i f /IfitretS7 -�c-C e` co tc)//z 10,.Y yt 9I 9 l 5 .., A Icq Sr FNL- 4[ta4 r- Boll Z- -Joc1 y gal/ Lj 'h a t S ,}c,, *„z,; es SE . ul9u d, C.0 S i.. r r GA'sVAa-PEQ(JLU�,E C0=C31 ^4 CcxuftY IZp l9. Ion cu..NS (L rEc.S?i4 4 N\ M" L.} c, 5. 19A19-tc,f4 ,kvr. Jol-NeirThAi ►.x, Co 6CriS1 k-- -ye Sam S-4 /!' e ¢ S4 An • , S4-�-c, Ca, Q nac/q 1, We i wvC✓: i /. TG 3 Cs. 1 '1 Pws-- 11 +. L` .bt c3C'�r-i'- Hello