To: Board of County Commissioners
Through: Ron Carl, County Attorney, County Attorney's Office
Prepared By:
prepared
Matt Hader, Senior Assistant County Attorney, County Attorney's Office
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presenter
Presenter: Molly Orkild-Larson, Senior Planner, Public Works & Development
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Subject:
title
DA24-003 Front Range Energy Storage Vested Rights Agreement (Development Agreement)
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Purpose and Request:
recommended action
The Board of County Commissioners is being asked by Front Range Energy Storage (FRES) to enter into a vested rights agreement, or Development Agreement, pursuant to C.R.S. ?24-68-103 and Arapahoe County Land Development Code (LDC) Section 5-7.2, granting FRES a 7-year period vesting period for the previously approved Use by Special Review (UASI23-001) for the completion of the Battery Energy Storage System on the property generally located in the area southwest of E. Quincey Ave. and S. Harvest Road. FRES is also seeking vesting for the same period of time in the additional terms and conditions set forth in the Development Agreement.
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Alignment with Strategic Plan: Sustainable Growth and Infrastructure - Support environmentally responsible development and energy efficiency in county operations.
Background and Discussion: The proposed Development Agreement contains terms which would accomplish two primary goals of the requester, Front Range Energy Storage. First, it provides them with seven (7) years to complete the buildout of their Battery Energy Storage System (BESS). Second, it "locks in" that part of the Arapahoe County Land Development Code allowing for qualified amendments to previous approvals to occur administratively. Specifically, LDC ? 5-2.3 would remain applicable to the development without regard to subsequent amendments to this section of the LDC during the 7-year period.
Additional terms of the Agreement recognize that the site layout will change over time as the project moves through various stages o...
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