HomeMy WebLinkAbout20192731.tiffHEARING CERTIFICATION
DOCKET NO. 2019-48.A
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0130, FOR A GREATER THAN 16 -INCH 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 - CITY OF THORNTON
A public hearing was conducted on July 10, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
County Attorney, Bruce Barker
Planning Services Department representative, Diana Aungst
Public Works Department representative, Evan Pinkham
Health Department representative, Lauren Light
The following business was transacted:
IR I hereby certify that pursuant to a notice dated April 30, 2019, and duly published May 3,
2019, in the Greeley Tribune, a public hearing was conducted to consider the request of the City
of Thornton, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0130, for a greater than 16 -inch 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. Bruce Barker, County Attorney, made this a matter of record.
El Commissioner Freeman expressed concern regarding approval of a pipeline that may never
be used, and Mr. Barker explained it is the duty of the Board to approve or deny the segment in
which the pipeline goes through Weld County and it is at their discretion whether they feel the
application is complete. Commissioner Freeman requested a continuance until confirmation is
received that there will be water delivered to this portion of the pipeline.
Commissioner Conway concurred with Commissioner Freeman's comments and noted the
three (3) year requirement to begin construction. He stated he felt the application was incomplete
and agreed it should be continued. Commissioner Moreno questioned the time frame of the
continuance, and Commissioner James confirmed the application does not represent the totality
of the pipeline in Weld County, and agreed the application is incomplete. Chair Kirkmeyer
concurred and stated there needs to be reasonable assurance that the applicant can meet the
three (3) year requirement.
cc: PL(DA ITEA PWCEP), EA -1( LL)
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In response to the previous discussion, Mark Koleber, Project Director for Thornton Pipeline,
explained the application was based on completing the project in segments going from south to
north, and further described the timeline to meet the predicted water needs of 2025. He argued
the water from the Poudre river will have to go through Weld County, and stated the proposed
segment of the pipeline will be used. In response to Chair Kirkmeyer, Mr. Koleber stated they
anticipated three (3) to four (4) applications for the pipeline in Weld County and reiterated they
have the design completed for construction in Johnstown and Windsor. He summarized seven (7)
miles of the pipeline easements are in Windsor and Johnstown, 11 miles of the pipeline will be in
Thornton, stated they have easements with eight (8) of 33 property owners in the proposed
segment of the pipeline, and approximated 25 to 30 percent (25-30%) of the first segment has
easement agreements. Commissioner Conway reiterated the number of easements obtained
from surrounding property owners (SPO) and again, questioned the completeness of the
application.
e Commissioner James expressed his understanding of the phasing of a major project;
however, he struggled with the acquisition of the right-of-way (ROW). In response, Mr. Koleber
explained the struggle to negotiate the easements without having the permit approved, and further
committed to having all easements obtained prior to recording the plat. In response to
Commissioner James, Mr. Barker stated the applicant can pursue eminent domain in Weld
County.
El Chair Kirkmeyer provided an example of a pipeline that was approved and constructed in
segments. She agreed with Commissioner James, stating she was agreeable with the phasing,
and explained the Board's responsibilities prior to approving the application. She expressed her
desire for the applicant to have the easements in place prior to coming before the Board, and
provided examples of other pipelines where easements have and have not been in place.
Commissioner Conway agreed with Chair Kirkmeyer's comments, elaborated on the example
of the pipeline mentioned by Chair Kirkmeyer, and encouraged the applicant to have honest
conversations with the easement owners and to treat them fairly.
El Mr. Koleber stated they had ongoing negotiations and contact with the easement owners,
and did not want to condemn easements. Chair Kirkmeyer informed the applicant of the property
owner's "savviness" in the unincorporated parts of the county, and their knowledge of pipeline
easements. The Board had additional discussion and expressed their hesitation in not having a
defined route to approve. Mr. Koleber explained the proposed pipeline route was designed to
avoid homes, mining, etc., and asked the Board to provide direction on whether they would
consider the phasing, which will impact the predicted time allowance for a continuance date. In
response to Commissioner Conway, Mr. Koleber explained if the County allows the pipeline to be
in the ROW, the continuance could be set for a sooner date.
le Commissioner Conway stated he would not agree to allowing the pipeline in the ROW;
however, it can be discussed.
In response to Chair Kirkmeyer, Mr. Barker clarified if the Board consented to the use of
ROW, the applicant would not have to pay for the easement or use of the ROW, and advised the
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Board that the Weld County Code does not require a certain amount of easements be obtained
prior to coming before the Board. Additionally, he informed the Board the applicant has the ability
to condemn in Weld County. Chair Kirkmeyer expressed understanding of Mr. Barker's
advisement and stated without the defined route she is uncertain all efforts had been made to
avoid irrigated cropland. After additional discussion concerning the uncertainty of the route and
potential adverse impacts, the Board agreed with Chair Kirkmeyer's comments, reiterated the
need for a continuance, and expressed appreciation for Mr. Barker's input.
e Chair Kirkmeyer directed the Board to address the questions asked by the applicant.
Commissioner James stated he was agreeable to phasing and agreed with Chair Kirkmeyer
concerning the number of easements in place prior to the Board approval, and mentioned the
Board should consider the structure of the pipeline, rather than the material going through the
pipeline. Commissioner Moreno stated he is okay with phasing, and Commissioner Freeman
expressed he struggled with the segmentation without having a defined route. Commissioner
Conway agreed with Commissioners Freeman and James' comments, and Chair Kirkmeyer
stated she was not in favor of the phasing, and expressed it would be preferable to approve the
totality of the pipeline, including obtained easements to ensure the use of the pipeline is to
transport water.
le Chair Kirkmeyer prompted the Board, on a question concerning the pipeline within the County
ROW. Commissioner Freeman stated although there are circumstances where a pipeline would
need to be in County ROW, he felt the primary focus should be to use private easements and
compensate the landowners accordingly. Commissioner Conway concurred with Commissioner
Freeman, and indicated he was willing to accommodate a landowner if they requested the pipeline
not be on their property, and be in the County ROW instead. Commissioner Moreno and Chair
Kirkmeyer agreed, and Chair Kirkmeyer stated if use of the County ROW is necessary, she would
request the County be compensated market value for the use of the ROW for the sake of the tax
payers. She summarized, the Board would agree to allow use of the County ROW if it is the last
resort, and the pipeline does not interfere with the roadway.
U. Garrett Varra, Varra Companies Inc., explained Varra Companies owns property for which
the applicant needs an easement, and stated they had multiple discussions with the applicant and
had requested the applicant approach Weld County to use the County ROW in that location. He
stated there is not room for the easement and expressed he wanted to avoid condemnation, which
their family business had already experienced. He explained a large amount of value, water
storage and potential for mining would be diminished if the easement runs through their property.
He reiterated the request for the Board to consider the pipeline be allowed in the County ROW
along the Varra property. In response to Chair Kirkmeyer regarding the continuance, he agreed
a continuance would be appropriate.
CI Mindy Sprague, SPO, stated she was in favor of a continuance and mentioned she was in
opposition of the application. She indicated the land between County Road (CR) 22 and CR 24 is
primarily irrigated agricultural, and in response to Commissioner Conway, she reiterated she
would be in favor of the pipeline using the County ROW to preserve the agricultural land.
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E Bill Wycoff, SPO, stated he was in support of a continuance due to the uncertainty of the
exact location of the pipeline and CR 17.
Rashelle Richardson, SPO, stated she was in support of a continuance and requested the
applicant not use the permit as a leverage over landowners.
El Chair Kirkmeyer closed the public input and recessed the hearing to allow the applicant to
have discussion with his team.
IR Chair Kirkmeyer reconvened the hearing and Mr. Koleber requested a one (1) year
continuance with the ability to come before the Board earlier, if easements are obtained.
Mr. Barker explained there will need to be proper notice of any date earlier than the year
continuance. The Board agreed to July 15, 2020, as a continuance date, and Chair Kirkmeyer
reiterated the applicant can work with Planning staff or the County Attorney to properly notice the
hearing, should all the necessary easements be obtained.
El Commissioner Moreno moved to continue the request of the City of Thornton for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0130, for a greater than
16 -inch 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, to July 15, 2020, at
10:00 am. The motion was seconded by Commissioner Conway, and it carried unanimously.
There being no further discussion, the hearing was completed at 3:14 p.m.
This Certification was approved on the 15th day of July, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �;� EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
rt�o
Mike Freeman, Pro-Tem
BY:
eputy Clerk to the Board
APPV D AS T
i
ounty A- : ney
Date of signature: 009/11
2019-2731
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