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Home My WebLink About20242532.tiffRESOLUTION RE: APPROVE AGREEMENT FOR LOCAL GOVERNMENT LAND USE APPLICATION FOR TIMELINE EXTENSION FOR USE BY SPECIAL REVIEW PERMIT, USR24-0014, FOR 1041 MAJOR FACILITIES OF PUBLIC UTILITY OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT, AND AUTHORIZE CHAIR TO SIGN - TAELOR SOLAR 1, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Local Government Land Use Application for Timeline Extension for Use by Special Review Permit, USR24-0014, for 1041 Major Facilities of Public Utility outside of subdivisions and historic townsites in the A (Agricultural) Zone District between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Planning Services, and Taelor Solar 1, LLC, commencing upon full execution of signatures with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Local Government Land Use Application for Timeline Extension for Use by Special Review Permit, USR24-0014, for 1041 Major Facilities of Public Utility outside of subdivisions and historic townsites in the A (Agricultural) Zone District between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Planning Services, and Taelor Solar 1, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. cc:PLCERMWDAic4),net (133/ ),CT8(E6/Hain) 09/26424 2024-2532 PL2910 AGREEMENT FOR LOCAL GOVERNMENT LAND USE APPLICATION FOR TIMELINE EXTENSION FOR USE BY SPECIAL REVIEW PERMIT, USR24-0014, FOR 1041 MAJOR FACILITIES OF PUBLIC UTILITY OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - TAELOR SOLAR 1, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of September, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: theitio jes&o:e.i Weld County Clerk to the Board BY: cAtIcti-rvt . tOcln. w, cJc Deputy Clerk to the Board AP"•IEDA RM: County A :rney Date of signature: aizttl 7 Kevin D. Ross, Chair Ajl-Lej Perry L. j ck, Pro-Tem ike Freeman . James aine 2024-2532 PL2910 Docusign Envelope ID: 2119BA22-D4FC-4143-B3FC-2EFE706E2A99 LOCAL GOVERNMENT LAND USE APPLICATIONS TIMELINE EXTENSION AGREEMENT BETWEEN THE COUNTY OF WELD, COLORADO AND MAJOR FACILITIES OF A PUBLIC UTILITY 1041 PERMIT September 3, 2024 INTRODUCTION The County of Weld, Colorado (the "County") and Taelor Solar 1, LLC, a Delaware limited liability company ("Taelor") (each individually a "Party," or collectively the "Parties") hereby enter into this Timeline Extension Agreement (the "Agreement") effective as of sep4embev 25 , 2024, to define the applicable deadlines for review and final action by the County on MPP's Major Facilities of a Public Utility 1041 Permit application (the "Application"). ARTICLE L BACKGROUND Section 1.01 Taelor intends to develop A Site Specific Development Plan and Use by Special Review Permit for the construction of a 1041 Major Facility of a Public Utility, including a Solar Energy Facility (SEF) (solar arrays) with a generating capacity up to 650 megawatt AC; a Battery Energy Storage Facility planned for 650 MWh with a possible increase to up to 1,300 MWh; a substation (constructed and owned by the applicant) to interconnect the project to the high voltage transmission system; an operations area, including an operations and maintenance building, possible water storage, materials storage and parking; anon -site communication system (communication lines); Meteorological Stations (approximately 15 high, on posts); up to seven (7) construction trailers and ten (10) conex containers during construction and up to four (4) conex containers, post -construction, for parts storage, outside of subdivisions and historic townsites in the A (Agricultural) Zone District (the "Project") within the County's jurisdiction in unincorporated Weld County. Section 1.02 The Project is subject to approval by the County pursuant to the: Weld County, Colorado, County Code (the "WC Code"), specifically Code Chapter 21, Article III, Division 3, Permit Program for Site Selection and Construction of Major facility of a Public Utility (the "1041 Regulations"). Section 1.03 The Application and the County's review of the same are subject to various state statutes, including C.R.S. § 24-65.1-501(2)(a). Section 1.04 C.R.S. § 24-65.1-501(2) requires local government to publish a hearing notice for a 1041 application within 30 days after receipt of an application. The initial public hearing, in turn, must take place between 30 and 60 days after publication of notice. 2024-2532 Docusign Envelope ID: 2119BA22-D4FC-4143-B3FC-2EFE706E2A99 Section 1.05 WC Code Section 21-2-260 also includes deadlines associated with 1041 applications. Specifically, upon the Department of Planning Services' determination that the application is complete, it must (1) set a Planning Commission public hearing date that cannot be more than thirty (30) days after the complete application is submitted; (2) provide certain notices and post signs about the application and the public hearing at least ten (10) days prior to the public hearing; (3) refer the application to referral agencies for comment with a deadline to respond of twenty-eight (28) days; and (4) prepare staff comments for the Planning Commission. After the Planning Commission public hearing and recommendation on the 1041 application, the Board of County Commissioners must hold a public hearing on the application within 45 days. That public hearing also requires certain notices at least 10 days prior. WC Code Section 21-2-310. Section 1.06 As required by the WC Code, Taelor held a pre -application meeting with the County on February 16, 2022, with a second meeting on January 9, 2024. Section 1.07 Taelor submitted the Application for the Project on March 6, 2024 Section 1.08 Pursuant to WC Code Section 21-3-320, Taelor was required to submit the Application and the County would have had to review within ten (10) days after the pre - application meeting. Section 1.09 Each of the County and Taelor desires to waive certain of the deadlines set forth above to allow Taelor to comply a complete Application and allow the County a full and fair opportunity to review and consider the Application. Section 1.10 Accordingly, the Parties have come to an agreement to waive the deadlines with respect to the Application. Section 1.11 The County and Taelor mutually acknowledge that this Agreement is supported by appropriate and adequate consideration. ARTICLE II. TERMS OF AGREEMENT The Parties stipulate and agree to an alternative review and local government action timeline as described below. Section 2.01 Taelor hereby waives the deadlines set forth in C.R.S. § 24-65.1-501(2)(a) and WC Code Section 21-2-260 requiring that the County to notify the public the Application within thirty (30) days and requiring that the County schedule a hearing on the Application in front of the Planning Commission within thirty (30) days after the Application is deemed complete. Section 2.02 The County hereby waives the deadline set forth in WC Code Section 21-3-320 requiring that Taelor submit the Application and the County would have had to review within ten (10) days after the pre -application meeting. 2 Docusign Envelope ID: 2119BA22-D4FC-4143-B3FC-2EFE706E2A99 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and delivered as of the date set forth below. Taelor Solar 1, LLC a Delaware limited liability ,OtrlParl�osa by: 3444 NOV AAA eY Date: 9/16/2024 Date: SEP 2 3 2024 Attest: dodetifeti v' Weld County clerk of the Board By: Deputy Clerk of the Board APPROYFD AS TO FP By: Name: ri n�dcDnugal__ Title: Deputy County Attorney 4 Title: VP of Business Development COUNTY OF WELD, COLORADO vin D. Ross ir, Board of Weld County Commissioners SEP 2 3 2024 SEP 2 3 2024 Date: 202 -753 Z. Docusign Envelope ID: 21198A22-D4FC-4143-83FC-2EFE706E2A99 Section 2.03 Notwithstanding anything to the contrary in the WC Code, the Parties propose the alternative schedule of deadlines for review of and final action on the application as set forth in Attachment A attached hereto and incorporated herein. Section 2.04 The Parties agree that this Agreement and the alternative review and final action timeline set forth in Attachment A are reasonable. ARTICLE III. MISCELLANEOUS Section 3.01 Other than the waiver of the Deadlines, by entering into this Agreement neither party waives any rights or obligations contained within the WC Code applicable to the Project. Section 3.02 This Agreement shall not be binding on any future applications for projects, by Taelor or a parent company or affiliate thereof or otherwise, within the County. Section 3.03 The undersigned is authorized to enter into this Agreement on behalf of Taelor and Taelor has full corporate power and authority to carry out its obligations hereunder and consummate the transactions contemplated hereby. This Agreement has been duly executed and delivered by Taelor, and constitutes a legal, valid, and binding obligation of Taelor enforceable against Taelor in accordance with its terms. /Signatures on the following page.] 3 ATTACHMENT A Alternative Review and Final Local Government Action Timeline Task Deadline Original application submitted. March 6, 2024 Revised Applications submitted April 24 and May 8., 2024 Referral agency comments due. June 26, 2024 Staff Report and determination of completeness due regarding the Revised Applications. October 2, 2024 County to provide notice of the public hearing with the Planning Commission on the 1041 Application and the USR Application. October 4, 2024 Public hearing with the Planning Commission on the USR Application and 1041 Application. October 15, 2024 Decision from Planning Commission on USR Application (Final Action) and recommendation on the 1041 Permit Application. Within ten (10) days of the public hearing with the Planning Commission. Provide notice of the public hearing with the Board of County Commissions on the 1041 Application. Not less than ten (10) days before public hearing with the Board of County Commissioners. Public hearing with the Board of County Commissioners on the 1041 Application Within 45 Days of Planning Commission Recommendation. Decision from Board of County Commissioners on the 1041 Application (Final Action). Within twenty one (21) days of the Public Hearing with the Board of County Commissioners. Hello