HomeMy WebLinkAboutR24-078 Warner Boarding House SEP Two-Year Extension PR-009447-2024 Docusign Envelope ID:4C306DA9-2A1C-48B2-AC03-11E3FD90487D Eagle County, CO 202413987
Regina O'Brien 11/14/2024
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Commissioner chandler-Henry moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO.2024- 078
APPROVAL OF A SECOND TWO-YEAR EXTENSION OF THE SPECIAL USE PERMIT FOR
A BOARDING HOUSE FOR WARNER PROFESSIONAL BUILDING#2
Eagle County File No.PR-009447-2024
WHEREAS,on or about June 7, 2024,the County of Eagle, State of Colorado, accepted for
filing an application submitted by 20 Eagle Road 2A LLC, (the"Applicant")for approval of a second
two(2)year extension of a special use permit for a boarding house for the Warner Professional Building
#2 (the"Application"); and
WHEREAS,the subject property is 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 an 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 set to expire on August 13, 2022; and
WHEREAS,on November 9,2022,the Board approved a two(2)year extension of the Special
Use Permit to August 13, 2024, as documented in Resolution 2022-097; and
WHEREAS,pursuant to ECLUR Section 5-250.G.3.b -Extension of Special Use Permit
Approval,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 set 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
WHEREAS,the Applicant duly submitted the Application for a two(2)year extension of the
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Warner Special Use Permit to the Planning Director on June 7,2024,which date was not later than thirty
(30)calendar days prior to the date the Special Use Permit was to expire on August 13,2024;and
WHEREAS,in accordance with ECLUR Section 5-210.E-Notice of Public Hearings, 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 July 15,2024 and no less than fifteen(15)calendar days
prior to the public hearing. Notice of the proposed Application was duly published on July 18,2024 and
no less than fourteen(14)calendar days prior to the date of the first public hearing in the Vail Daily and
the Eagle Valley Enterprise, a newspaper of general circulation throughout the County,concerning the
subject matter of the Application and setting forth the dates and times of the hearing 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
on July 18, 2024(Eagle Road, Larkspur Lane, and U.S. Highway 6) , 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 July 29, 2024,the Applicant requested a tabling of the Board's consideration of
the Application on August 6, 2024, in order to obtain further information for the Board; and
WHEREAS, on August 6,2024,the Board approved the Applicant's request and tabled the
public hearing until October 9, 2024, in order for the Applicant to obtain further information for the
Board; and
WHEREAS,in accordance with ECLUR Section 5-210.E-Notice of Public Hearings, 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 September 20,2024 and no less than fifteen(15) calendar
days prior to the public hearing. Notice of the proposed Application was duly published on September
19,2024 and no less than fourteen(14)calendar days prior to the date of the first public hearing in the
Vail Daily and the Eagle Valley Enterprise, a newspaper of general circulation throughout the County,
concerning the subject matter of the Application and setting forth the dates and times of the hearing 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 on September 20, 2024(Eagle Road, Larkspur Lane, and U.S. Highway 6) , 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 October 9., 2024,the Applicant submitted to the Community
Development Department a sworn certification that such notices were posted on the Property in
accordance with ECLUR Section 5-210.E-Notice of Public hearings,including the required number of
days prior to the public hearing; and
WHEREAS,at its public hearing held on October 9,2024,the Board considered the
Application and the request for a second extension of the Warner Special Use Permit; the Eagle County
Community Development staff report and presentation;the presentation, statements and concerns of the
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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:
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 September 20,2024 and no less than fifteen(15)calendar days prior to the public hearing.
Notice of the proposed Application was duly published on September 19,2024 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 the hearing 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 on September 20,2024 with no fewer than three(3) signs on Eagle Road,Larkspur Lane, and
U.S. Highway 6, 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
June 7,2024, 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 applied to the EagleVail Design Review
Committee(DRC)in January 2023 for review and approval of the building plans and
site plan for the boarding house use in accordance with the EagleVail Design Guidelines
and Section 1.d. of the EagleVail Planned Unit Development(PUD)Guide,which states
that Eagle County shall not issue any building permit that involves a change to the
exterior appearance of any building without EagleVail DRC approval. The Applicant
has been unable to obtain such approval, and subsequently filed suit against the Eagle
Vail Property Owners' Association(EVPOA). The Applicant's lawsuit was still
pending at the time of the Board's hearing on the extension request. Therefore,the
Board finds that due to the Applicant's inability to obtain approval from the EagleVail
DRC for the boarding house use and the pending litigation,the failure to proceed with
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the development application for the boarding house use was beyond the Applicant's
control;
(2) The Special Use COMPLIES with the ECLURs and the Comprehensive Plan. The
Board's findings in Resolution 2019-070 and Resolution 2022-097 were that the Special
Use complies with the ECLUR,the EagleVail 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 and in Resolution
2022-097,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;
• 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 Planned Unit
Development 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 Planned Unit 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 affordable to households
earning 80%Average Median Income; and
(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 resolution of the legal
issues within twelve(12)to eighteen(18)months;b)the Applicant is working on
providing to Eagle County a building permit application and construction plans that
meet the requirements of Resolution 2019-070; c)the Applicant anticipates construction
of the boarding house will begin after the requisite County building and plan review and
issuance of a building permit; and d) completion of the boarding house use 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:
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THAT,the request for a second two-year extension(Eagle County File No. PR-
009447-2024) of the Warner Professional Building#2 Special Use Permit(Eagle County File No. ZS-
007559-2019), is hereby and that such Special Use Permit approval is hereby extended to August 13,
2026.
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.
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.
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MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle,
State of Colorado, on this 12th day of November , 2024 nunc pro tunc October 9, 2024.
Signed by: COUNTY OF EAGLE, STATE OF
���A COLORADO, By and Through Its
(� BOARD OF COUNTY COMMISSIONERS
ATTEST: a�oR/
ESigned by: ' , Signed by:
rtlittAA 61-1611,A, By: [M.tqf Scl Lyle
F9062F246896440... 81E7B2D718E0473...
Clerk to the Board Matt Scherr
County Commissioners Chair
,-DocuSigned by:
---CA1AC128F8M17A...
Jeanne McQueeney
Commissioner
Signed by:
86A6°4FFrB°1103...
Kathy Chandler-Henry
Commissioner
Commissioner McQueeney seconded adoption of the foregoing resolution. The roll having been
called,the vote was as follows:
Commissioner Scherr Aye
Commissioner McQueeney Aye
Commissioner Chandler-Henry Ave
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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