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Home My WebLink About20241141.tiffRESOLUTION RE: APPROVE AGREEMENT FOR LOCAL GOVERNMENT LAND USE APPLICATIONS TIMELINE EXTENSION FOR USE BY SPECIAL REVIEW PERMIT, USR24-0009, FOR A 1041 MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY FOR 165 MW PEAKER POWER PLANT WITH SIX (6) COMBUSTION TURBINE GENERATORS, 69 KV SWITCHYARD, AND ANCILLARY EQUIPMENT ASSOCIATED WITH FACILITY OPERATIONS UTILIZED FOR ENERGY GENERATION OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT, AND AUTHORIZE CHAIR TO SIGN - UNITED POWER, INC., C/O MOUNTAIN PEAK POWER, 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 Permit, USR24-0009, for a 1041 Major Facility of a Public Utility or Public Agency for 165 MW Peaker Power Plant with six (6) combustion turbine generators, 69 KV switchyard, and ancillary equipment associated with facility operations utilized for energy generation 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 United Power, Inc., do Mountain Peak Power, LLC, with 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 Permit, USR24-0009, for a 1041 Major Facility of a Public Utility or Public Agency for 165 MW Peaker Power Plant with six (6) combustion turbine generators, 69 KV switchyard, and ancillary equipment associated with facility operations utilized for energy generation 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 United Power, Inc., do Mountain Peak Power, 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.. PL-(ER/MN), cTE(TG/SR) 05 /I (7/7-,-I 2024-1141 PL2917 APPROVE AGREEMENT FOR LOCAL GOVERNMENT LAND USE APPLICATIONS TIMELINE EXTENSION FOR USR24-0009 FOR A 1041 MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY - UNITED POWER, INC., C/O MOUNTAIN PEAK POWER, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of May, A.D., 2024. BOARD OF COUNTY COMMISSIONERS ATTEST: :41 Weld County Clerk to the Board BUR, rtti 11/1 tOcoock, Deputy Clerk to the Board APP- eVED AS. .! sRM: County Attorney 5 Date of signature: WELD COUN oss, Chair Perry L. Bu', Pro-Tem Mike Freeman Saine 0 2024-1141 PL2917 MEMORANDUM TO: Board of County Commissioners DATE: May 7, 2024 FROM: Maxwell Nader, Planning Manager SUBJECT: USR24-0009 Timeline Extension Mountain Peak Power, LLC, working on behalf of United Power, Inc and is seeking approval of a 1041 Major Facility of a Public Utility or Public Agency for a 165 MW Peaker Power Plant. 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 supports this timeline extension request. 2024-1141 5/1S" p L2911 LOCAL GOVERNMENT LAND USE APPLICATIONS TIMELINE EXTENSION AGREEMENT BETWEEN THE COUNTY OF WELD, COLORADO AND MOUNTAIN PEAK POWER, LLC MAJOR FACILITIES OF A PUBLIC UTILITY 1041 PERMIT February 14, 2024 INTRODUCTION The County of Weld, Colorado (the "County") and Mountain Peak Power, LLC, a Delaware limited liability company ("MPP") (each individually a "Party," or collectively the "Parties") hereby enter into this Timeline Extension Agreement (the "Agreement") effective as of February 14, 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 I. BACKGROUND Section 1.01 MPP is proposing to construct a peaking power generation facility comprised of natural gas simple -cycle combustion turbines (the "Project") within the County's jurisdiction in unincorporated Weld County. Section 1.02 The Project Pathway is subject to approval by the County pursuant to the: Weld County, Colorado, County Code (the "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. Section 1.05 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 DE8252186.1 the application within 45 days. That public hearing also requires certain notices at least 10 days prior. Code Section 21-2-310. Section 1.06 As required by the Code, MPP held a pre -application meeting with the County on November 30, 2023. Section 1.07 MPP submitted the Application for the Project on January 18, 2024. Section 1.08 Pursuant to Code Section 21-3-320, MPP was required to submit the Application within ten (10) days after the pre -application meeting. Section 1.09 Each of the County and MPP desires to waive certain of the deadlines set forth above to allow MPP 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 MPP mutually acknowledge that this Agreement is supported by appropriate and adequate consideration. ARTICLE H. TERMS OF AGREEMENT The Parties stipulate and agree to an alternative review and final local government action timeline as described below. Section 2.01 MPP hereby waives the deadlines set forth in C.R.S. § 24-65.1- 501(2)(a) and 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 Code Section 21-3- 320 requiring that MPP submit the Application within ten (10) days after the pre -application meeting. 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 Code applicable to the Project. Section 3.02 This Agreement shall not be binding on any future applications for projects, by MPP or otherwise, within the County. 2 DE8252186.1 Section 3.03 The undersigned is authorized to enter into this Agreement on behalf of MPP. MPP 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 MMO, and constitutes a legal, valid, and binding obligation of MPP enforceable against MPP in accordance with its terms. [Signatures on the following page.] 3 DE8252186.1 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and delivered as of the date set forth below. Mountain Peak Power, LLC, A Delaware limited liability compan✓ By: Date: May 1, 2024 Date: By: Name: arin McDougal Title: iltputy County Attorney MAY 0 8 2024 APPRO D AS TO F dY� 31938025_x1 4 Nam : Jon Baylor Title: Vice President BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, COLORADO By: C Date: MAY 0 8 2024 DE8252186.1 0.2.002 llS/ AGREEMENT FOR LOCAL GOVERNMENT LAND USE APPLICATIONS TIMELINE EXTENSION FOR USE BY SPECIAL REVIEW PERMIT, USR24-0009 APPROVED AS TO SUBSTANCE: Depattjnent Head, ected Official APPROVED AS TO FUNDING: eAup4 Chief Financial Officer, or Controller Hello