HomeMy WebLinkAbout20190827.tiffRESOLUTION
RE: APPROVE LOCAL GOVERNMENT WAIVER AGREEMENT FOR MAJOR FACILITY OF
A PUBLIC UTILITY 1041 PERMIT APPLICATION AND AUTHORIZE CHAIR TO SIGN
- ROUNDHOUSE RENEWABLE ENERGY, 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 a Local Government Waiver Agreement
for Major Facility of a Public Utility 1041 Permit Application 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 Roundhouse Renewable Energy, 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 Local Government Waiver Agreement for Major Facility of a Public
Utility 1041 Permit Application between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Roundhouse Renewable
Energy, LLC, and Public Service Company of Colorado be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of February, A.D., 2019.
ATTEST:W J GI r,.�_: 1,
Weld County Clerk to the Board t�
BY:
Deputy Cl-' to the Boar
APPROVED AS T_
you�orney
Steve Moreno
Date of signature: 3"1-'
ARD OF COUNTY COMMISSIONERS
COLORADO
Barbara Kirkmeyer, Chair
Mike Freeman, Pro-Tem
P. Conway
James
Cc. PLCTP),CA(FL)
3/4119
2019-0827 _
PL2658
LOCAL GOVERNMENT APPLICATION APPROVAL
WAIVER AGREEMENT BETWEEN
THE COUNTY OF WELD, COLORADO AND
ROUNDHOUSE RENEWABLE ENERGY, LLC
MAJOR FACILITIES OF A PUBLIC UTILITY - SECTION
1041 PERMIT APPLICATION
I. Introduction
The County of Weld, Colorado ("County") and Roundhouse Renewable Energy, LLC
("Roundhouse") (individually "Party", or collectively "Parties") hereby enter into the following
Waiver Agreement ("Agreement") for the purpose of waiving the requirements of C.R.S. § 29-
20-108(2) ("Statute").
The County and Roundhouse mutually acknowledge that this Agreement is supported by
appropriate and adequate consideration.
II. Background
In a pre -application meeting held on July 20, 2018, Roundhouse notified County staff of
its intention to construct, operate and maintain a new electrical transmission line ("Transmission
Line") within the County's jurisdiction pursuant to the Statute under § 29-20-108(4)(a).
As a result of the pre -application meeting and consultation process and a thorough
analysis of all potential transmission line corridors, as well as ongoing outreach to area residents,
Roundhouse selected the preferred alternative corridor ("Project") located as generally described
on Exhibit A. A Section 1041 Permit Application ("Application") for major facilities of a public
utility for the Project was initially filed with the County on December 17, 2018. The Project,
after construction, may be owned by the Platte River Power Authority, a public entity, however
Roundhouse is a private entity. This Agreement is made in order to avoid any uncertainty about
compliance under the Statute.
The Parties agree with the determination by County staff on January 25, 2019 that the
Application was complete.
Pursuant to the Statute, local government land use regulations must require final local
government action on any application of a public utility that relates to the location, construction,
or improvement of major electrical facilities within ninety (90) days ("Statutory 90 Day
Deadline") after submission of a final application. If the County does not take final action within
such time pursuant to the Statute, the application shall be deemed approved. Since the Statute
provides that a local government and a public utility may come to an agreement on an alternative
2019-0827
1
DN 3240340
timeline which supersedes the Statutory 90 Day Deadline, the County and Roundhouse have
chosen to enter into this Agreement.
In light of the above -described communications between the Parties and related
uncertainty regarding the completeness and finality of the Application, but also in recognition
that (1) the Application is now complete; and, (2) the County needs adequate time to review and
evaluate public utility facilities of this nature, the Parties now agree to an alternative timeline as
described below which supersedes the Statutory 90 Day Deadline for final action by the County.
III. Terms of Agreement
The County and Roundhouse hereby stipulate and agree to the following:
A. Wavier of the Statutory 90 -Day Deadline of C.R.S. 29-20-108(2)
The Parties agree that to the extent applicable, the provisions of the Statute which require
the County to complete its review and take final action on the Application within ninety (90)
days after the submission of a final application shall be waived and that the timeline set forth
herein below between the Parties shall govern.
B. Alternative Review Timeline
In accordance with the agreement to waive any applicable timeline, the Parties agree to
the following alternative review timeline for application review, public hearings and final
County action on the Application:
1. Application submitted — December 17, 2018
2. Revised application deemed complete - January 25, 2019
3. Referral period complete - February 28, 2019
4. Planning Commission Hearing — April 2, 2019
5. Board of County Commissioner Hearing — May 1, 2019 (Final Action)
C. Final Action
The public hearings on Roundhouse's Application are currently scheduled to be heard by
(1) the County Planning Commission on April 2, 2019 and, (2) the Board of County
Commissioners on Wednesday, May 1, 2019, unless rescheduled as set forth herein. The
scheduled hearing dates may only be rescheduled upon mutual agreement of the Parties, or if an
unavoidable event occurs not attributable to the County requiring the public hearing(s) to be
rescheduled in which case such public hearing will be scheduled for the next regular meeting of
the Commission or the Board, as appropriate, or the Application will be deemed approved. The
Parties agree that this Agreement and the alternative review timeline set forth herein are
reasonable.
2
DN 3240340
ROUNDHOUSE RENEWA
ENERGY, LLC
By:
STATE OF Florida )
) ss.
COUNTY OF Palm Beach )
Subscribed and sworn to before me this / .6 day of Ul, 2019, by Matthew Handel,
as Vice President on behalf of Roundhouse Renewable Energy, LLC.
Witness
My Corn
and official seal.
E pires:
Notary Public
TAMIKO FOSTER
MY COMMISSION i FF 244641
EXPIRES: June 25, 2019
Bonded Thru Notary Pubic Underwriters
ATTEST: ,_, . n J
APPROVED AS TO FORM:
COUNTY OF WELD, COLORADO
By' /iA
Barbara Kirkmeyer, Chair
Board Commissioners Rile 2 5 2019
DN 3240340
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