HomeMy WebLinkAbout20250562.tiffResolution
Approve Local Government Land Use Applications Timeline Extension Agreement
for Use by Special Review Permit, USR24-0029, for Major Facilities of Public Utility
1041 Permit, Outside of Subdivisions and Historic Townsites in the A (Agricultural)
Zone District, and Authorize Chair to Sign — Tri-State Generation and Transmission
Association, Inc.
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 a Local Government Land Use Applications
Timeline Extension Agreement for Use by Special Review Permit, USR24-0029, for Major
Facilities of Public Utility 1041 Permit, 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 Tri-State Generation and Transmission Association, Inc.,
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 Local Government Land Use Applications Timeline Extension
Agreement for Use by Special Review Permit, USR24-0029, for Major Facilities of Public
Utility 1041 Permit, 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 Tri-State Generation and Transmission Association, Inc., 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(DE/NW/D1A/KR),CA(88/Kl- cTB(EG/HA/SR)
03 /04 /.25
2025-0562
PL2953
Local Government Land Use Applications Timeline Extension Agreement for Use by
Special Review Permit, USR24-0029, for Major Facilities of Public Utility 1041 Permit —
Tri-State Generation and Transmission Association, Inc.
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 26th day of February, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro -Tern: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-0562
PL2953
MEMORANDUM
To: Board of County Commissioners
From: Diana Aungst, Principal Planner
Subject: USR24-0029 Timeline Extension
Date: February 26, 2025
Tri-State Generation and Transmission Association, Inc. is seeking approval of a 1041 Major Facility of a
Public Utility or Public Agency for a 115/12.47 -kV substation. 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.
2025-0562
oafac.
P L Q953
Docusign Envelope ID: 73F7C200-D765-46FC-AAB3-52966EA802CE
LOCAL GOVERNMENT LAND USE APPLICATIONS
TIMELINE EXTENSION AGREEMENT BETWEEN
THE COUNTY OF WELD, COLORADO
AND
TM -STATE GENERATION AND TRANSMISSION
ASSOCIATION, INC.
MAJOR FACILITIES OF A PUBLIC UTILITY 1041 PERMIT
February 11, 2025
INTRODUCTION
The County of Weld, Colorado (the "County") and Tri-State Generation and Transmission
Association, Inc. ("Tri-State") (each individually a "Party," or collectively the "Parties")
hereby enter into this Timeline Extension Agreement (the "Agreement") effective as of
February 7, 2025, 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 Tri-State is proposing to construct the Iron Mountain Substation facility
comprised of a new 115/12.47 -kV substation and associated tie lines (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 "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.
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
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Docusign Envelope ID: 73F7C200-D765-46FC-AAB3-52966EA802CE
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, Tri-State held a pre -application meeting
with the County on June 25, 2024.
Section 1.07 Tri-State submitted the Application for the Project on November 18,
2024.
Section 1.08 Pursuant to WC Code Section 21-3-320, Tri-State was required to submit
the Application within ten (10) days after the pre -application meeting.
Section 1.09 Each of the County and Tri-State desires to waive certain of the deadlines
set forth above to allow Tri-State 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 Tri-State 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 Tri-State 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 Tri-State submit the Application within ten (10) days after the pre -
application meeting.
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.
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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 Tri-State or otherwise, within the County.
Section 3.03 The undersigned is authorized to enter into this Agreement on behalf of
Tri-State. Tri-State 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 Tri-State, and constitutes a legal, valid, and binding
obligation of Tri-State enforceable against Tri-State in accordance with its terms.
[Signatures on the following page.]
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Docusign Envelope ID: 73F7C200-O765-46FC-AAB3-52566EA602CE
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed and delivered as of the date set forth below.
Date:
2/11/2025
Attest: dr112441Vii= i:04
Weld County Clerk of the Board
By:
Deputy Clerk of the Board
4
TM -STATE GENERATION
AND TRANSMISSION
ASSOCi 4C,
By
r n•
Name: H. SteventiayY_
Title: Senior Manager of
Land Rights and Permitting
COUNTY OF WELD, COLORADO
By:
Name: PerrY Buck
Title:Cl air, Board of Weld County Commissioners
Date: FEB 2 6 2025
ATTACHMENT A
Alternative Review and Final Local Government Action Timeline
Task
Deadline
Original Application submitted.
November 18, 2024
Revised Application submitted.
December 26, 2024
Determination of completeness due regarding the
Revised Application.
January 23, 2025
County to provide notice of the public hearing with
the Planning Commission on the 1041 Application.
April 21, 2025
Public hearing with the Planning Commission on the
1041 Application.
May 6, 2025
Recommendation from Planning Commission on the
1041 Application.
Within ten (10) days of the public hearing with
the Planning Commission.
Provide notice of the public hearing with the Board
of County Commissioners on the 1041 Application.
Not less than ten (10) days before public
hearing with the Board of County
Commissioners.
Public hearing and decision with the Board of
County Commissioners on the 1041 Application
(Final Action).
Within 45 Days of Planning Commission
Recommendation.
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