HomeMy WebLinkAboutMinutes 11/09/2022 SPECIAL MEETING
November 9, 2022
Present: Jeanne McQueeney Chairman
Kathy Chandler-Henry Commissioner
Matt Scherr Commissioner
Beth Oliver Deputy County Attorney
Kathy Scriver Deputy Clerk to the Board
This being a scheduled Public Hearing,the following items were presented to the Board of County
Commissioners for their consideration:
Planning File - Eagle County Room
1. Warner Professional Building#2 Special Use Permit Extension
Executive Summary: Applicant is requesting a 2-year extension to the Special Use Permit for the Warner
Professional Building#2
Eagle County Board of Commissioners Update Memorandum
November 9,2022
Title: Warner Professional Building#2 Special Use Permit Extension Request
File No./Process: PR-9276/SUP Extension Request
Location: 20 Eagle Road,EagleVail Planned Unit Development
Owner: Warner Property Co. Ltd.
Applicant: Robert Warner Jr.
Representative: Robert Warner Jr.
Staff Planner: Janet Aluise, Senior Planner
Staff Engineer: Richard Davies,PE,PTOE
Staff Attorney: Beth Oliver,Deputy County Attorney
The Warner Professional Building#2 Special Use Permit Extension Staff Report(5 pages)is the same as was
presented to the Public and to the BoCC for the September 27,2022 meeting,with the following exceptions:
1)Page 1,New hearing date of November 9,2022;
2)Page 5,Attachments are renumbered to reflect the loading order into BoardDocs, as follows:
• Attachment 1,Application;
• Attachment 2,Referral Form and Referral Comment; •
• Attachment 3,Resolution 2019-070;
• Attachment 4,Board of County Commissioner Hearing Slide Presentation; &
• Attachment 5,Public Comments.
3)Page 5,Addition of"Table"motion.
There are a few clarifications to be made about the staff report:
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1)The staff report advises that there are thirty(30) single occupancy rooms and five (5)double occupancy rooms,
as well as a large community room with kitchen facilities, shared restrooms(for each 2.3 rooms), and an on-site
manager room. Therefore,there are technically thirty-six(36)rooms, in total, including the manager room;
2)The total acreage of the Condominium plat is 0.93 acres. However, only 0.48 acres is subject to the Special Use
Permit for a Boarding House in Warner Professional Building#2, to include the building and the associated
parking;
3)There are no requested changes in the Special Use Permit Application;
4)There are no requested changes in the Conditions of Resolution 2019-070.
5)There have been no changes to the Eagle County Land Use Regulations since 2019 with respect to Special Use
Permits;
6)The Staff Report still reflects a November 1,2022 real estate closing date;however,the Applicant shall discuss
with the Board of County Commissioners the change(s)to any closing for the units within Warner Professional
Building#2 Boarding House; &
7)The Application has been re-noticed in its entirety(Newspaper,Adjacent Property Owners, and the Sign on
Property).
The Board of County Commissioners Hearing Slide Presentation has been amended to include:
1)Page 1, date has changed from September 27, 2022 to November 9,2022;
2)Page 6,updated the number of units from thirty-five to thirty-six,to include a manager's unit;
3)Page 7, updated Public Notice dates;
4)Page 7,removed comment"*No public comments received at time of posting of staff report";
5)Page 17,added"Table"motion.
Janet Aluise,Eagle County Staff Planner, stated that the applicant would present his application, she would
follow up with staff's presentation,there would be a question and answer session, and lastly,public comment would
be opened.
Bob Warner with Warner Property Co,LTD. spoke. He presented a court ruling showing why the action
held by the commissioners in 2019 was correct. The request today was a request for an extension of a Special Use
Permit for two years. They posted numerous public notices on the property which met the statutory requirements.
The Special Use Permit pertained to only to building#2. They'd experienced multiple legal challenges and delays
since the approval in 2019 and believed they had met the standards for an extension. The property was currently
under contract.
Brian Woodell, Commercial Real Estate Broker, spoke. He was amazed with the number of delays that the
property had undergone. He understood the housing needs in the county and large employers in the county had
expressed interest in the property. He encouraged the board to support the applicant's request.
Ms. Aluise stated that the applicant was requesting a two year extension for a Special Use Permit approved
on August 13, 2019. The Special Use Permit allowed for the conversion of a commercial building to a residential
boarding house with 35 units plus a managers unit. The extension was requested due to legal challenges to the
original permit. The application was property notice in accordance with the ECLUR Section 5-210 E. The
application went through a referral comment period of 21 days, and 24 agencies were notified. The Colorado
Department of Public Health and Environment was the only agency to respond with a general comment. The
Special Use Permit expiration date was August 13, 2022,however the applicant requested for extension on July 12,
2022 and the permit was deemed extended until the BoCC had acted upon the request for extension. Staff found
that the standards had been met. The applicant was confident that construction could commence on the project
within one year but would like a two-year extension to ensure completion.
Commissioner Scherr asked for staff's opinion on the public notice.
Beth Oliver,Assistant Eagle County Attorney, stated that based on case law,the purpose of the notice was
to include the location, street address, and a general legal description and size of the land. In terms of the acreage,
there was an issue with the number. The court of appeals stated that the numbers were irrelevant. There was
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enough information on the notice to inform people where the property was located. She believed that the public
notice requirements had been met.
Commissioner Chandler-Henry asked about the referral responses.
Ms. Aluise confirmed that there was only one general response from the Department of Public Health and
Environment.
Chairman McQueeney opened public comment.
Karl Kruegar,Eagle Vail resident, spoke. He spoke in opposition to the application. He believed the
notices were poorly done and there had been a lot of confusion.
Chairman McQueeney indicated that there was a comment sent via email and requested that the board have
a minute to review the letter. She asked that the letter be included in the file.
Chairman McQueeney closed public comment. She explained that the board was limited to the three
standards before the board for an extension.
Ms. Oliver stated that based on the three standards, it appears to the public that the second standard would
open up the original approval. This was not the intention of the standard, it was so the board could review an
approved application in light of any changes that might be made to the comp plan or the land use regulations. This
was not a reanalysis of the original approval.
Commissioner Scherr stated that he was satisfied with the proper notifications and the application met all
the standards for an extension.
Commissioner Chandler-Henry stated that based on the evidence,the public notice was adequate,the
standards were met and the applicant had provided confirmation that the construction would begin in the next two
years. She was prepared to vote in favor.
Chairman McQueeney believed that there had been some extenuating circumstances beyond the control of
the applicant, and it was appropriate based on the standards to approve the extension.
Commissioner Scherr moved to approve the Warner Professional Building#2 Special Use Permit
Extension,File No. 9276, incorporating staff's findings, as the application met the standards of ECLUR Section
5-250.G.3.b. for approval of an Extension to Special Use Permit.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
h�P`OF E.464.
There being no further busi s t oard,the meeting w adjourned until November 14,2022.
�R4 DO
Attest:
Clerk to the Board Chairman
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