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HomeMy WebLinkAboutR13-084 Wolcott Consolidated Service Plan Second Extension of Deadlines Commissioner 0,14'11tA knita-d adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2013 - if}0 Approval of Second Extension of Deadlines Contained in Conditions of Approval for the 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 Wolcott Metropolitan Districts Nos. 1-4 (the "Petitioners") filed a Consolidated Service Plan (the "Service Plan") for the proposed Wolcott Village Planned Unit Development the (the "Wolcott PUD") with Eagle County on April 20, 2012; and WHEREAS, the Wolcott 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 permit 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. A copy of Resolution No. 2012-080 approving the Service Plan and the Conditions of Approval are 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 1 the Board of County Commissioners (the"Preliminary Plan Application Deadline") 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 of the sale of the real property within the Wolcott Development(the "Closing")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(the"Closing Deadline"). and; WHEREAS,neither the Closing nor the approval of the Preliminary Plan for PUD were expected to occur by May 1, 2013, and the Petitioners and the applicant for the Preliminary Plan for PUD (the"Applicant") requested that the BoCC extend the Preliminary Plan Application Deadline and the Closing deadline; and WHEREAS, on April 23, 2013,by Resolution No. 2013-39, the BoCC approved an extension of the Preliminary Plan Application Deadline to November 1, 2013, and further approved an extension of the Closing deadline to November 1, 2013; and WHEREAS,the Applicant and the Petitioners have requested a second extension of the Preliminary Plan Application Deadline and the Closing Deadline to give the Applicant sufficient time to obtain all required approvals from the Colorado Department of Transportation("CDOT") for the re-location of US Highway 6 in Wolcott, Colorado ("Highway 6"); and WHEREAS, an extension by the BoCC of the Preliminary Plan Application Deadline and the Closing Deadline to provide for additional time for review and approval of the re- location of Highway 6 by CDOT is a reasonable alternative to the dissolution of the Districts or placing the Districts in inactive status. 2 NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Eagle County, Colorado: THAT, the Preliminary Plan Application Deadline of November 1, 2013, as approved by the BoCC in Resolution No. 2013-39, is hereby extended a second time to November 1, 2014; and THAT, the Closing Deadline of November 1, 2013, as approved by the BoCC in Resolution No. 2013-39, is hereby extended a second time to November 1, 2014; and 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 I O day of September, 2013. OUNTY OF EAGLE, STATE OF alistf‘ ((‘ ORADO,by and through its ATTEST: RD OF COUNTY COMMISSIONERS C.: 40e,•47F. .I A R•SP y: JOACE___ Ao Teak J. Simonton Sara J. Fisher Clerk to the Board of Chairman County ommissioners - 4/ "By: 4.."�-- J' ian H. Ryan Co ,4 issioner I By: "/t_ AG./ Kathy Chir ler-Henry Commissi.ner Commissioner `J "d�� seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Fisher V-1—pt Commissioner Ryan 644, — Commissioner Chandler-Henry This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3 EAGLE COUNTY. CO 201219291 Pgs 139 '=npm 09/25/2012 TA\ Iiii1iLi1I 111111 IIII 1111111 of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.20%' (/ h - Approval of Consolidated Sen'ice Plan for the Wolcott Metropolitan Districts Nos.1-4 File No.SD'J715 WHEREAS, pursuant to the provisions of the "Special District Control Act, Part 2 of Article I. 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 United Development the("PUD")with Eagle County on April 20,2012;and WHEREAS,the PUt), Eagle County File No.yD8`2714'nzeived Sketch Plan approva by the Eagle County Board of County C^mmiysioneo(the^`8oCC')oo February Z8.2U>2;and WHEREAS,the Service Plan has been submitted by Petitioners for approval by Eagle County prior to approval of a Preliminary Plan for the PUD in order to permit 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 a public hearing on July 3.2012,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 such public hearing voted unanimously to continue the public hearing on the Service Plan to July )0.Z0l2.and directed Eagle County stall-to prepmrc for BoCC review and possible approval, with appropriate conditions as discussed at the July 3 hearing,at such continued public hearing;and WhEREAS,the BoCC has reviewed and hereby approves the conditions of approval of the Service plait as shown on Exhibit A hereto,and understand that such conditions also are acceptable to and will be observed by Petitioners and the applicant,and the representatives of the applicant for Sketch Plan approval of the RID;and EXHIBIT 201219291 / op 139 201219291 WHEREAS, a duly executed Certificate of Publication and Mailing of Notice of Hearing in re Organization of the Wolcott Metropolitan District No. 1, Wolcott Metropolitan District No. 2, Wolcott Metropolitan District No. 3 and Wolcott Village Metropolitan District No. 4 has been submitted to the Board at the public hearing on July 3, 2012 and is on file with Eagle County; and WHEREAS, evidence satisfactory to the BoCC sufficient to support each of the necessary findings mandated by applicable Colorado Revised Statutes for Eagle County approval of the Service Plan has been presented to the Board, as follows: a. There is sufficient existing and projected need for organized services in the area to be served by the special districts; b. The existing service in the area to be served by the special districts is inadequate for the present and projected needs; c. The special districts are capable of providing economical sufficient service to the area within its boundaries; d. The area included in the special districts has, or will have,the financial ability to discharge the proposed/existing indebtedness on a reasonable basis; e. Adequate service is not, or will not be, available to the area through Eagle County or other existing municipal or quasi-municipal corporations, including existing special districts, within a reasonable time and on a comparable basis; f. The facility and service standards of the Districts are compatible with the facility and the service standards of Eagle County, and each municipality that is an interested party under C.R.S. Section 32-1-204(1); g. The Service Plan is in substantial conformance with the master plan adopted pursuant to Section 30-28-106, C.R.S.; h. The Service Plan is in compliance with the duly adopted long range water quality management plan for the area; and i. The Service Plan will be in the best interest of the area to be served. NOW, THEREFORE,BE IT RESOLVED BY EAGLE COUNTY, COLORADO: THAT, subject to the conditions of approval attached hereto as Exhibit A, the Service Plan attached hereto as Exhibit B is hereby approved by the Board of County Commissioners of Eagle County; and 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. 2 • MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 10th day of July, 2012. COUNTY OF EAGLE, STATE OF COLORADO,by and through its ATTEST: ��l'oL'" 0 :OARD OF COUNTY COMMISSIONERS .j t�;►tt �� tee. 1. .•, .rz..rlt o t to 9' y: Te. . Simonto / Peter F. Runyon Clerk to the Board of Chairman County Commissioners '/ By: A I Jo S a ey, Vice Ch.' an By: _4(!0. 41, L• Sara J. Fisher Commissioner Commissioner CD) AA-)i--- 'r-'-c seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Runyon i4 S is — , C Commissioner Stavney I a Commissioner Fisher A it v This Resolution passed by / 1 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3 1 • 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. 3. 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) EXHIBIT I A" 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; 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/4) 2