HomeMy WebLinkAboutR15-086 Forth Extension Wolcott Metropolitan Districts Nos.1-4 Commissioner N.,(NULL.'L 1/4-t moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
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RESOLUTION NO. 2015 - 0r
Approval of Fourth Extension of Deadline 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 "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"Board") 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 Board 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 1; 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 (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 Board extend the Preliminary Plan Application
Deadline and the Closing Deadline to November 1, 2013; and
WHEREAS, on April 23, 2013,by Resolution No. 2013-39, the Board approved
extensions of the Preliminary Plan Application and the Closing Deadlines to November 1, 2013;
and
WHEREAS,the Applicant and the Petitioners subsequently requested a second
extension of the Preliminary Plan Application Deadline and the Closing Deadline to November
1, 2014, 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,on September 10, 2013, by Resolution No. 2013-084, the Board approved a
second extension of the Preliminary Plan Application and the Closing Deadlines to November 1,
2014; and
WHEREAS, on October 15, 2013, by Resolution No. 2013-102, the Board approved the
Zone Change and Preliminary Plan application for the Wolcott PUD; and
WHEREAS, the Closing did not occur by November 1, 2014, and the Closing Deadline
was extended to a date beyond November 1, 2014 by the written consent of the Parties described
in the fourth condition of approval of the Service Plan; and
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WHEREAS, the Applicant and the Petitioner requested the Board approve a third
extension of the Closing Deadline to November 1, 2015, in order to comply with the conditions
of the Service Plan, the Board's prior resolutions and the Petitions for Organization of the
Districts as filed with the District and to accommodate the desire of the Parties; and
WHEREAS, on October 14, 2014,by Resolution No. 2014-85, the Board approved a
third extension of the Closing Deadline to November 1, 2015; and
WHEREAS, the Closing is not expected to occur by November 1, 2015, and the Closing
Deadline has been extended to a date beyond November 1, 2015 by the written consent of the
Parties described in the fourth condition of approval of the Service Plan; and
WHEREAS, Applicant and the Petitioner have requested that the Board approve a fourth
extension of the Closing Deadline to November 1, 2016,in order to comply with the conditions
of the Service Plan, the Board's prior resolutions and the Petitions for Organization of the
Districts as filed with the District and to accommodate the desire of the Parties.
NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of
Eagle County, Colorado:
THAT, the Closing Deadline of November 1, 2015, is hereby extended to November 1,
2016; 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 (.o{" day of October, 2015.
COUNTY OF EAGLE, STATE OF
COLORADO, by and through its
ATTEST: y�,j�° BOARD OF OUNTY COMMISSIONERS
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lo, ►;� � ,��, * By: f/ -dr
Teak J. Simonton ath I' handler-Henry
Clerk to the Board of Chairman
County Commissioners
By: rn l
anne McQuee
ommissioner /
By: -
Jill' ; H. Ryan
C mmissioner
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Commissioner -. seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Chandler-Henry
Commissioner McQueeny p,.
14-4-t4 Commissioner Ryan •
This Resolution passed by vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
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