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Home My WebLink About20242213.tiffRESOLUTION RE: APPROVE AGREEMENT FOR LOCAL GOVERNMENT LAND USE APPLICATIONS TIMELINE EXTENSION FOR USE BY SPECIAL REVIEW PERMITS, USR24-0012 AND USR24-0013, FOR 1041 MAJOR FACILITIES OF PUBLIC UTILITY OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT, AND AUTHORIZE CHAIR TO SIGN - HORUS ENERGY, DBA JANUS SOLAR, LLC, AND PROSPECT SOLAR, 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 Applications Timeline Extension for Use by Special Review Permits, USR24-0012 and USR-0013, for 1041 Major Facilities of a 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 Horus Energy, dba Janus Solar, LLC, and Prospect Solar, 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 Applications Timeline Extension for Use by Special Review Permits, USR24-0012 and USR-0013, for 1041 Major Facilities of a 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 Horus Energy, dba Janus Solar, LLC, and Prospect Solar, 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. CG:CA(88/KM), PIJ ER/MN) CTsCEG/HA/sft) ag/27/2q 2024-2213 PL2925 PL2926 AGREEMENT FOR LOCAL GOVERNMENT LAND USE APPLICATIONS TIMELINE EXTENSION FOR USE BY SPECIAL REVIEW PERMITS, USR24-0012 AND USR24-0013, FOR 1041 MAJOR FACILITIES OF PUBLIC UTILITY OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - HORUS ENERGY, DBA JANUS SOLAR, LLC, AND PROSPECT SOLAR, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of August, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY ATTEST: �A^y ,,x/;64 Weld County Clerk to the Board BY UCatkilf OM ) APP Deputy Clerk to the Board Coun y ' orney Date of signature: Kevi . I Ross, Chair _tiime>$(36,4 Perry L. Bak, Pro-Tem ike F eeman t K. James ri Saine 2024-2213 PL2925 PL2926 MEMORANDUM TO: Board of County Commissioners DATE: August 14, 2024 FROM: Karin McDougal, Deputy County Attorney SUBJECT: USR24-0012 and USR24-0013 Timeline Extension Horus Energy dba Janus Solar, LLC and Horus Energy Prospect Solar, LLC., are seeking approval of a 1041 Major Facility of a Public Utility or Public Agency for a 700 acre and 1500 acre Solar Project. As part of the procedure outlined in Chapter 21, Article II, Section 21-2-260 and Section 21-3-320 of the Weld County Code there are impractical timelines identified that neither the applicant nor the planning staff can effectively meet. Therefore, the applicant has submitted a timeline extension agreement for the Board of County Commissioners to accept and sign showing that the applicant and the County are willing to waive the timelines established in Section 21-2-260 and Section 21-3-320.B.1 of the Weld County Code. Planning staff and County Attorney's office supports this timeline extension request. $/l9 2024-2213 PLQ9as ez_aQa1, LOCAL GOVERNMENT LAND USE APPLICATIONS TIMELINE EXTENSION AGREEMENT BETWEEN THE COUNTY OF WELD, COLORADO AND Horus Energy dba Janus Solar, LLC Horns Energy Prospect Solar, LLC MAJOR FACILITIES OF A PUBLIC UTILITY 1041 PERMIT August 1 2024 INTRODUCTION The County of Weld, Colorado (the "County") and Horus Energy dba Janus Solar, LLC and Prospect Solar, LLC _(collectively referred to herein as "Horns") (each individually a "Party," or collectively the "Parties") hereby enter into this Timeline Extension Agreement (the "Agreement") effective as of Augusta, 2024, to define the applicable deadlines for review and final action by the County on Horus' Major Facilities of a Public Utility 1041 Permit applications ARTICLE L BACKGROUND Section 1.01 Horus is proposing to build two solar and battery storage projects, namely (1) the Janus Solar, LLC. Project, a 700 -acre 80 MWAc PV solar project with the potential for up to a 20 MWAc BESS within private land in southeast Weld County; and (2) the Prospect Solar, LLC project, a 1,500 -acre 199 MWAc PV solar project with the potential for up to a 100 MWAc BESS within private land in southeast Weld County(collectively, the "Projects") within the County's jurisdiction in unincorporated Weld County. Section 1.02 The Projects are subject to approval by the County pursuant to the: Weld County, Colorado, Weld County 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"). Horns has filed applications for approval of each of the two Projects through individual 1041 and USR Permit Applications, which have been assigned Case Number USR24- 0012 (Janus project) and Case Number USR24-0013 (Prospect project) (collectively, the "Applications"). Section 1.03 The Applications 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. Section 1.05 Weld County 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 1 o2oaf/ -aa2 r3 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. Weld County Code Section 21-2-310. Section 1.06 As required by the Weld County Code, Horus held a pre -application meeting with the County on April 5, 2023, covering both Applications. Section 1.07 Horus first submitted the Applications for the Project on November 22, 2023. Section 1.08 Pursuant to Weld County Code Section 21-3-320, Horus was required to submit the Applications within ten (10) days after the pre -application meeting. Section 1.09 Each of the County and Horus desires to waive certain of the deadlines set forth above to allow Horus to submit complete Applications and allow the County a full and fair opportunity to review and consider the Applications. Section 1.10 Accordingly, the Parties have come to an agreement to waive the deadlines with respect to the Applications. Section 1.11 The County and Horus mutually acknowledge that this Agreement is supported by appropriate and adequate consideration. ARTICLE IL TERMS OF AGREEMENT The Parties stipulate and agree to an alternative review and local government action timeline as described below. Section 2.01 Horus hereby waives the deadlines set forth in C.R.S. § 24-65.1-501(2)(a) and Weld County Code Section 21-2-260 requiring that the County to notify the public the Applications within thirty (30) days and requiring that the County schedule a hearing on the Applications in front of the Planning Commission within thirty (30) days after the Applications are deemed complete. Section 2.02 The County hereby waives the deadline set forth in Weld County Code Section 21-3-320 requiring that Horus submit the Applications within ten (10) days after the pre -application meeting. Section 2.03 Notwithstanding anything to the contrary in the Weld County Code, the Parties propose the alternative schedule of deadlines for review of and final action on the Applications as set forth in Attachment A attached hereto and incorporated herein. 2 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and delivered as of the date set forth below. Janus Solar, LLC. Date: 8/1/2024 By: Sig? f4"' Pd44444141/ Name: Stefano Romanin Title: Manager Prospect Solar, LLC. By: Sfe1 "" 4 Name: Stefano Romanin Date: 8/1/2024 Title: Manager Attest: �"'•Gt ) 6: Weld County Clerk of By: Deputy Clerk APP By: Name: Karin McDougal Title: Deputy Weld County Attorney 4 COUNTY , LORADO 0 By: Name: Kevin D. Ross Title: Chair Date: AUG 1 9_2024 Date: AUG 1 9 2024 o2Oc24 a2 /3 Section 2.04 Notwithstanding anything to the contrary in the County Code, the County shall be held to the schedule of deadlines for review of and final action on the Applications as set in Attachment A attached hereto and incorporated herein. Section 2.05 The scheduled public hearing dates set forth in Attachment A shall not be rescheduled or continued past the date set for the County's final action on the Applications unless upon mutual written agreement of the Parties. In such event the County shall set the Applications to be heard at the next regular meeting of the appropriate reviewing body. Section 2.06. If the County does not take final action on the Applications set forth in Attachment A, the Applications shall be deemed approved. Section 2.07 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 Weld County Code applicable to the Project. Section 3.02 This Agreement shall not be binding on any future applications for projects, by Horus or otherwise, within the County. Section 3.03 The undersigned is authorized to enter into this Agreement on behalf of Horus. Horus 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 Horus, and constitutes a legal, valid, and binding obligation of Horus enforceable against 'torus in accordance with its terms. /Signatures on the following page./ 3 ATTACHMENT A Alternative Review and Final Local Government Action Timeline Task Deadline Original Applications submitted. November 22, 2023 Revised Applications submitted April 17 and May 28, 2024 Referral agency comments due. July 9, 2024 Staff Report and determination of completeness due regarding the Revised Applications. September 16, 2024 County to provide notice of the public hearing with the Planning Commission on the 1041 Applications and the USR Applications. September 18, 2024 Public hearing with the Planning Commission on the USR Applications and 1041 Applications. October 1, 2024 Decision from Planning Commission on USR Applications (Final Action) and recommendation on the 1041 Permit Applications. 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 Applications. 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 Applications Within 45 Days of Planning Commission Recommendation. Decision from Board of County Commissioners on the 1041 Applications (Final Action). Within twenty one (21) days of the Public Hearing with the Board of County Commissioners. AGREEMENT FOR LOCAL GOVERNMENT LAND USE APPLICATIONS TIMELINE EXTENSION FOR USE BY SPECIAL REVIEW PERMITS, USR24-0012 AND USR24-0013, FOR 1041 MAJOR FACILITIES OF PUBLIC UTILITY OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - HORUS ENERGY, DBA JANUS SOLAR, LLC, AND PROSPECT SOLAR, LLC APPROVED AS TO SUBSTANCE: Depa APPROVED AS TO FUNDING: ent Head, or El ted Official odmig Aemo, Chief Financial Officer, or Controller Houstan Aragon From: Sent: To: Subject: Attachments: Jess Reid Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4212 Jessica Reid Wednesday, August 14, 2024 11:04 AM Houstan Aragon FW: USR24-0013 2a_Auth Prospect Solar UWC 3-1-23.pdf; 2_Authorization Forms from Horus to Logan Simpson.pdf; 2a_Auth CSOS Prospect Solar.pdf; 2a_Auth Organizational Consent Prospect Solar 2-17-22.pdf; 1 b_Application USR Prospect Mark Prichard.pdf Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Diana Aungst <daungst@weld.gov> Sent: Monday, July 8, 2024 8:01 AM To: Jessica Reid <jreid@weld.gov> Cc: Maxwell Nader <mnader@weld.gov> Subject: RE: USR24-0013 Hi Jess: There is no doc I could find that clearly states "DBA". I put that in there because Mark Prichard works for Horus Capital LLC a UK corporation and he signed the application form and has an authorization form designating him as one of the authorized agents. The email address for Mark Prichard on the application form is really the key indicator that Horus is involved in this application submittal. Horus is the parent corporation that created Prospect LLC and Janus LLC. I see no harm in removing Horus. Thanks, Diana Aungst Hello