HomeMy WebLinkAboutR22-097 Approving a Two-Year Extension Special Use Permit File No. PR 009276-2022 Warner Professional Building #2 DocuSign Envelope ID:7CD0F3BF-A16A-4171-9A5E-50A8B20D23FB
Commissioner chandler-Henry moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2022- 097
APPROVAL OF A TWO-YEAR EXTENSION OF THE SPECIAL USE PERMIT FOR A
BOARDING HOUSE FOR WARNER PROFESSIONAL BUILDING#2
Eagle County File No. PR-009276-2022
WHEREAS,on or about July 12, 2022,the County of Eagle, State of Colorado, accepted
for filing an application submitted by Warner Property CO LTD, (the "Applicant") for approval
of a two (2) year extension of a special use permit for a boarding house for the Warner
Professional Building #2, located at 20 Eagle Road (Eagle-Vail PUD Subdivision), on an
approximately 0.48 acre portion of a 0.93 acre parcel legally described as Condominium Units
2A, 2B, 2C, 2D, 2E, and 2F, Condominium Building 2, WARNER PROFESSIONAL
BUILDINGS CONDOMINIUM, according to and subject to the Declaration of Condominiums
for Warner Professional Buildings Condominium, recorded October 27, 1983 as Reception No.
268115 and the Final Plat - Condominium Map for Warner Professional Buildings recorded
October 27, 1983 as Reception No. 268116 ("Warner Professional Building #2" or the
"Property"); and
WHEREAS, the Eagle County Board of County Commissioners (hereinafter "the
Board") approved the application for a consolidated special use permit for a boarding house for
the Warner Professional Building # 2 (Eagle County File No. ZS-007559-2019) (the "Warner
Special Use Permit or the "Special Use") on August 13, 2019, and as documented by Eagle
County Resolution 2019-070; and
WHEREAS, in accordance with Section 5-250.G.3.a(2) - Duration and Compliance,
Eagle County Land Use Regulations (hereinafter "ECLURs"), a Final or Consolidated Special
Use Permit is valid for three (3) years from the date of issuance or as limited by the Board; and
WHEREAS, the Warner Special Use Permit was valid for three (3) years from the date
of issuance and was to expire on August 13, 2022; and
WHEREAS,pursuant to Section 5-250.G.3.b-Extension of Special Use Permit Approval
of the ECLUR, no request for extension shall be considered unless a written application
requesting the extension is submitted to the Planning Director no later than thirty (30) calendar
days prior to the date the Final or Consolidated Special Use Permit is to expire. The special use
permit is deemed extended until such time the Board of County Commissioners(the"Board")has
acted upon the request for extension; and
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WHEREAS, the Applicant duly submitted a written request for a two (2) year extension
of the Warner Special Use Permit (the "Application") to the Planning Director on July 12, 2022,
which date was not later than thirty (30) calendar days prior to the date the Special Use Permit
was to expire; and
WHEREAS, in accordance with Section 5-210.E - Notice of Public Hearings of the
ECLUR, notice of the proposed Application was mailed to all landowners of the land subject to
the Application and all owners of property adjacent to the Property on October 13, 2022 and no
less than fifteen(15)calendar days prior to the public hearing. Notice of the proposed Application
was duly published on October 14, 2022 and no less than fourteen(14) calendar days prior to the
date of the first public hearing in a newspaper of general circulation throughout the County
concerning the subject matter of the Application and setting forth the dates and times of meetings
for consideration of the Application by the Board. Notice of the proposed Application was posted
on the Property in accordance with ECLUR Section 5-210.E.3. The Property was posted with no
fewer than three (3) signs, with two (2) signs posted on October 14, 2022 (Eagle Road and U.S.
Highway 6) and the third sign posted on October 16, 2022 (Larkspur Lane), and each placed no
more than twenty-five (25) feet from the street, erected in full view of the public facing Eagle
Road, Larkspur Lane, and U.S. Highway 6. The dimensions of each sign were a minimum of two
(2) feet by three (3) feet, and each stated the type of the application, the Eagle County file name,
the Eagle County file number, and the contact information of the Community Development
Department whereby the public could retrieve additional information about the Application; and
WHEREAS, on or about November 8, 2022, the Applicant submitted to the Community
Development Department a sworn certification that such notices were posted on the Property in
accordance with Section 5-210.E - Notice of Public hearings of the ECLUR, including the
required number of days prior to the public hearing; and
WHEREAS, at its public hearing held on November 9, 2022, the Board considered the
Application and the request for extension of the Warner Special Use Permit; the Eagle County
Community Development staff report and presentation;the presentation, statements and concerns
of the Applicant; statements of the Eagle County Community Development and Engineering staff,
and other interested persons; and
WHEREAS, the Applicant, as part of the application materials submitted, as well as
testimony delivered during the public hearing,did demonstrate by competent substantial evidence
that failure to proceed with the development of the Application was: 1) beyond the Applicant's
control; 2)the development complies with the ECLUR and the Comprehensive Plan; and 3)there
is a reasonable likelihood the next step in the development application will be submitted in the
next two years; and
WHEREAS, based on the evidence, testimony, exhibits, and study of the ECLUR, the
Comprehensive Plan for the unincorporated areas of Eagle County, as well as the comments of
the Eagle County Department of Community Development, comments of public officials and
agencies, and comments from all interested parties, the Board finds as follows:
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1. THAT,proper publication and public notice of the Application was provided as required
by the ECLUR and state law for the hearing before the Board. Notice of the proposed Application
was mailed to all landowners of the land subject to the Application and all owners of property
adjacent to the Property on October 13, 2022 and no less than fifteen (15) calendar days prior to
the public hearing. Notice of the proposed Application was duly published on October 14, 2022
and no less than fourteen (14) calendar days prior to the date of the first public hearing in a
newspaper of general circulation throughout the County concerning the subject matter of the
Application and setting forth the dates and times of meetings for consideration of the Application
by the Board. Notice of the proposed Application was posted on the Property in accordance with
ECLUR Section 5-210.E.3. The Property was posted with no fewer than three(3) signs,with two
(2) signs posted on October 14, 2022 (Eagle Road and U.S. Highway 6) and the third sign posted
on October 16, 2022 (Larkspur Lane), and each placed no more than twenty-five (25) feet from
the street, erected in full view of the public facing Eagle Road,Larkspur Lane, and U.S. Highway
6. The dimensions of each sign were a minimum of two (2) feet by three (3) feet, and each stated
the type of the application, the Eagle County file name, the Eagle County file number, and the
contact information of the Community Development Department whereby the public could
retrieve additional information about the Application.
2. THAT, in accordance with Section 5-250.G.3.b. -Extension of Special Use Permit Approval,
ECLURs, a written application requesting the extension WAS submitted to the Planning Director
on July 12, 2022, and not later than thirty(30) calendar days prior to the date the Warner Special
Use Permit was to expire.
3. THAT, in accordance with Section 5-250.G.3.b. -Extension of Special Use Permit Approval,
of the ECLUR, the Applicant did demonstrate by competent substantial evidence that:
(1) Failure to proceed with the development of the Application WAS beyond the
Applicant's control, as the Applicant experienced multiple legal challenges since
the approval of the Special Use, and the Board finds it is reasonable and
appropriate that the Applicant delayed the installation of the housing units until
legal challenges were dispensed;
(2) The Special Use COMPLIES with the ECLURs and the Comprehensive Plan.
The Board's finding in Resolution 2019-070 was that the Special•Use complies
with the ECLUR, the EagleVail Planned Unit Development Guide
(the "PUD Guide"), the Comprehensive Plan, including the FLUM designation
and the Eagle County Affordable Housing Guidelines. No changes have
occurred to the ECLUR, the Comprehensive Plan, the Special
Use, or the Warner Special Use Permit conditions of approval. Therefore,
there is no basis to determine that the Special Use no longer complies with
the ECLUR or the Comprehensive Plan. Specifically, as detailed in
Resolution 2019-070, the Special Use complies with the ECLUR, the
Comprehensive Plan and the EagleVail PUD Guide as follows:
• the Special Use would not significantly change the current footprint and
massing of the existing structure on the Property;
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• the Special Use meets ECLUR standards for dimensional limitations
(except rear setback), infrastructure, and utility services;
• the Special Use meets parking, as approved through variation;
• the Special Use will have minimal impacts to traffic, water, and
wastewater;
• the Special Use is generally compatible with the existing and currently
permissible future uses of adjacent land and other substantially impacted
land, services, or infrastructure improvements;
• the Special Use complies with the standards of the EagleVail PUD Guide
and the ECLUR, with the exception of the rear setback (building is
considered a legal nonconforming structure as it was built before the
EagleVail PUD development was approved;
• the Special Use is in substantial compliance with the policies of the 2005
Eagle County Comprehensive Plan, including the goals of General
Development, Housing, Infrastructure and Services, Environmental
Quality, and the Eagle County Affordable Housing Guidelines;
• the Special Use meets a preponderance of the master plan goals, policies
and objectives, while adhering to the FLUM designation and prescribed
uses; and
• the Special Use will meet and exceed the Eagle County Affordable
Housing Guidelines by providing more rooms than required to comply
with the Housing Guidelines and with average rental rates less than that
1an
d
to households earning g 80%AMI; a d
(3) There IS a reasonable likelihood the next step in the development application will
be submitted in the next two years, as a) the Applicant anticipates closing on the
Property in early 2023; b) the new owner's architect is currently working on
construction plans; c) construction is slated to begin after the requisite County
building and plan review; and d) completion will occur within four(4)to eight(8)
months from the beginning of construction.
NOW, THEREFORE, BE IT RESOLVED BY THE Board of County Commissioners of the
County of Eagle, State of Colorado:
THAT, the request for a two-year extension (Eagle County File No. PR-9276-2022) of
the Warner Special Use Permit(Eagle County File No. ZS-007559-2019), be approved and that
such Special Use Permit approval is hereby extended to August 13, 2024.
THAT, if the Special Use is established and ongoing during this two-year period, the
Special Use will be valid for the life of the Warner Professional Building # 2 Boarding House
Special Use Permit.
THAT, the Board directs the Department of Community Development to provide a copy
of this Resolution to the Applicant.
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THAT, the Board hereby finds, determines and declares that this Resolution is necessary
for the health, safety, and welfare of the citizens of Eagle County.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, this 6th day of December, 2022 nunc pro tunc November 9, 2022.
DocuSigned by: COUNTY OF EAGLE, STATE OF
< COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST: c0LOR Q0
DocuSigned by:
i By: DocuSigned by:
1•9Ub11-14b89b44U...
Clerk to the Board Jeann n-
Chair
,—DocuSigned by:
CLAbLekt,r"—
Kathy‘TIMIIRVEnry
Commissioner
DocuSigned by:
Auk S.citur
Matt r182D718E0473...
Commissioner
Commissioner Scherr seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner McQueeney Aye
Commissioner Chandler-Henry Aye
Commissioner Scherr Aye
This resolution passed by a 3/0 vote of the Board of County Commissioners of the
County of Eagle, State of Colorado
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