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Home My WebLink AboutR13-039 Wolcott Metropolitan Districts Nos. 1-4 Extension ApprovalEagle County, CO 201310127 Teak J Simonton 05/21/2013 Pgs: 5 11:25:42 AM REC: $0.00 DOC: $0.00 Commissioner moved adoption of the fol j wing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2013 - Approval of Extension of Preliminary Plan Application Deadline and Closing Deadline as Conditions of Approval of Consolidated Service Plan for the Wolcott Metropolitan Districts Nos. 1 -4 File No. SD - 3715 WHEREAS, pursuant to the provisions of the "Special District Control Act, Part 2 of Article 1, Title 32, C.R.S., the Petitioners of the proposed Districts ( "Petitioners ") filed a Consolidated Service Plan (the "Service Plan ") for the proposed Wolcott Village Planned Unit Development the ( "PUD ") with Eagle County on April 20, 2012; and WHEREAS, the PUD, Eagle County File No. PDS -2714, received Sketch Plan approval by the Eagle County Board of County Commissioners (the "BoCC ") on February 28, 2012; and WHEREAS, the Service Plan was submitted by Petitioners for approval by Eagle County prior to approval of a Preliminary Plan for the PUD in order to pen-nit submission of the Service Plan to the District Court for the District of Colorado in time to allow submission of bonded indebtedness approval to the eligible voters on such indebtedness in November 2012; and WHEREAS, the Service Plan was reviewed and recommended for approval by the Eagle County Planning Commission by unanimous vote on May 16, 2012; and WHEREAS, at public hearings held on July 3, 2012 and July 10, 2012, the BoCC heard testimony from Eagle County staff and the Petitioners and received and reviewed documentation concerning the Service Plan, and at the conclusion of the public hearing held on July 10, 2012 voted to approve.the Service Plan, together with the conditions of approval of the Service Plan, attached hereto as Exhibit A; and WHEREAS, the second condition of approval of the Service Plan states that: If the Preliminary Plan has not been approved by the County Commissioners by May 1, 2013, the Districts shall either be put on inactive status pursuant to Section 32 -1 -104, C.R.S., or be dissolved, with such determination made at the discretion of the Districts' Boards of Directors. The foregoing Preliminary Plan application deadline may be extended by the Board of County Commissioners. and; WHEREAS, the third condition of approval of the Service Plan states that: The initial boundaries of all of the Districts shall be identical to the boundaries of the Service District as described in Exhibit B to the Service Plan. Property shall be included (the "Inclusions ")'into the Taxing Districts' boundaries after the closing (the "Closing") of the sale of the real property within the Wolcott Development by CJC Properties, Limited Partnership and G. Jouflas Ranches LLC to Wolcott Valley Land Investors, LLC (together, the "Parties "). After the Inclusions are completed, the Taxing Districts' boundaries are anticipated to be identical to the boundaries described in Exhibit B to the Service Plan. and; WHEREAS, the fourth - condition of approval of the Service Plan states that: If the Closing does not occur by May 1, 2013, the Court Order forming the Districts shall either be rescinded or the Inclusions shall not be effectuated unless such deadline is extended by the unanimous written consent of the Parties in their sole and absolute discretion. and; WHEREAS, the Preliminary Plan for PUD will not be approved by the BoCC by May 1, 2013, and the petitioners of the Districts (the "Petitioners ") and the applicant for the Preliminary Plan for PUD (the "Applicant ") have requested that the BoCC extend the deadline; and , WHEREAS, the Closing referenced in the third condition of approval of the Service Plan will not occur by the May 1, 2013 deadline, but such deadline has been extended to a date beyond May 1, 2013 by the written consent of the Parties described in the fourth condition of approval of the Service Plan; and WHEREAS, an extension by the BoCC of the Preliminary Plan application deadline to provide for additional time for the BoCC's review the Preliminary Plan is a reasonable alternative to the dissolution of the Districts or placing the Districts in inactive status, and; WHEREAS, an extension of the Closing deadline is necessary for effectuation of the Inclusions and to avoid a possible rescindment of the Court Order fonning the Districts. NOW, THEREFORE, BE IT RESOLVED BY EAGLE COUNTY, COLORADO: THAT, the Preliminary Plan application deadline of May 1, 2013, as set forth in the conditions of approval of Service Plan, attached hereto as Exhibit A, is hereby extended to November 1., 2013; and THAT, the fourth condition of approval of Service Plan is hereby amended to state as 201310127 follows: If the Closing does not occur by November 1, 2013, the Court Order forming the Districts shall either be rescinded or the Inclusions shall not be effectuated unless such deadline is extended by the unanimous written consent of the Parties in their sole and absolute discretion. THAT the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of April, 2013. COUNTY OF EAGLE, STATE OF COLORADO, by and through its ATTEST: o ', "crrBO -B OF COUNTY O 1MISSIONERS 11.E B Teak J. Simontod on tavney Clerk to the Board of Chairman County Commissioners,` " By: Sara J. Fisher By: Ji I'' H. Ryan rmmissioner Commissioner --' �''t "r� seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: , Commissioner Stavney Commissioner Fisher Commissioner Ryan l' , This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colo ar do. 3 201310127 EXHIBIT A (CONDITIONS OF APPROVAL OF CONSOLIDATED SERVICE PLAN) 1. The Planned Unit Development (the "PUD ") for the Wolcott Development has received Sketch Plan Approval. Although the PUD and the Service Plan both relate to the same project: a) the Board of County Commissioners retains the authority to consider each application separately — approval of the Service Plan does not create any expectation regarding approval of the PUD; b) the approval of the Service Plan shall bestow no vested development rights upon the subject property; and c) the final allocation of responsibility for maintaining streets within the development shall be established no later than approval of the Preliminary Plan. 2. If the Preliminary Plan has not been approved by the County Commissioners by May 1, 2013, the Districts shall either be put on inactive status pursuant to Section 32 -1 -104, C..R.S., or be dissolved, with such determination made at the discretion of the Districts' Boards of Directors. The foregoing Preliminary Plan application deadline may be extended by the Board of County Commissioners. The initial boundaries of all of the Districts shall be, identical to the boundaries of the Service District as described in Exhibit B to the Service Plan. Property shall be included (the "Inclusions ") into the Taxing Districts' boundaries after the'closing (the "Closing ") of the sale of real property within the Wolcott Development by CJC Properties Limited Partnership and G. Jouflas Ranches LLC to Wolcott Valley Land Investors, LLC (together, the "Parties "). After the Inclusions are completed, the Taxing Districts' boundaries are anticipated to be identical to the boundaries described in Exhibit B to the Service Plan. 4. If the Closing does not occur by May 1, 2013, the Court Order forming the Districts shall either be rescinded or the Inclusions shall not be effectuated unless such deadline is extended by the unanimous written consent of the Parties in their sole and absolute discretion. (00283338.DOCX / 4) 201310127 EXHIBIT 2013 e 5. Until the Preliminary Plan has been approved by the County Commissioners and the Closing has occurred: a) the Districts shall not levy taxes, impose rates, fees or charges, issue debt, or execute any agreements; 10127 b) the Order and Decree organizing the Districts shall not be recorded; and c) the Districts shall not hold their organizational meetings. 6. The Districts shall not exercise any park and recreation powers until an intergovernmental agreement has been executed by and among the Districts and Western Eagle County Metropolitan Recreation District, 7. Inclusion of the Eagle Springs Golf Club into the Districts shall not be a material modification to the Service Plan. Such inclusion shall remain subject to all requirements of law, including approval by property owner and the applicable District Board. (00283338.DOCX l4) 2 0