Eagle County Planning Commission

Transcription

1 Eagle County Planning Commission March 6, 2019 Project Name: File No./Process: Location: Owner/applicant: Representative: Staff Planner: Staff Engineer: Recommendation: Warner Professional Building # 2 Workforce Housing ZS-7559 Special Use Permit 20 Eagle Road, EagleVail Planned Unit Development Warner Property CO LTD Pylman and Associates, Inc Adam Palmer Richard Davies Approval with Conditions I. Executive Summary: The owner/applicant proposes to convert the use of the Warner Professional Building # 2, located on Eagle Road at the eastern entrance to the EagleVail PUD, from Commercial Office to the operation of a boarding house. The use will be contained within the existing building, which would be remodeled but not expanded in size. The boarding house is intended to serve as workforce housing, and the applicant has included restrictions on rent and pricing to meet Eagle County Affordable Housing Guidelines. Thirty (30) single occupancy rooms and five (5) double occupancy rooms would be provided within the 10,000 square foot structure, each equipped with a microwave, sink, refrigerator and closet. Bathrooms on each floor would be shared, each serving approximately 3 rooms. A large community room with kitchen facilities and an on-site managers unit would be located on the west side of the middle level floor. Rooms are intended to be master leased in blocks to local businesses for their employees, with no short term rentals allowed. Building #1 sits adjacent to and east of Building # 2 on the same property, but is not included in the proposal.

2 Site Plan, Warner Professional Buildings The project proposed will meet the standard for Workforce Housing as defined by the County s Affordable Housing Guidelines. As detailed in the applicant s Warner Professional Building # 2 Workforce Housing Property Rules and Regulations, dated February 20, 2019 (note Exhibit B), renters must demonstrate full time local employment, and no short term rentals (less than 30 days) will be allowed. The 30 single occupancy rooms will rent at a rate affordable to individuals with incomes no greater than 70% of the Average Median Income (AMI), as adjusted annually, and the five double occupancy rooms will rent at a rate no greater than 100% of the AMI, resulting in an average rental rate within the building less than that affordable to households earning 80% of the AMI (see also referral response from Eagle County Housing dated February 22, 2019, in Exhibit D). Records regarding use and occupancy within the building will be available for inspection by County Housing Officials at any time, with a report submitted annually for verification of conformance by the Eagle County Housing and Development Authority. As provided by the EagleVail PUD Guide, operation of a boarding house on a commercial lot requires approval of a Special Use Permit by the Board of County Commissioners. If approved, the interior of the building would be altered to accommodate the proposed use, and the exterior of the structure would be remodeled with architectural features and finishes intended to match the appearance and quality of surrounding structures. Two exterior enclosed staircases, one on the east side and one on the west, would be installed to meet building access requirements. The applicant has submitted rules and regulations to govern activities in and around the building and a parking management plan, both of which will be enforced by the Owner and the on-site building manager. Page 2 of 17

3 The existing outdoor trash container will be moved to the west side of the building and enclosed. No other significant changes to the property are proposed. Based on analysis of materials provided and conformance with applicable standards, Staff is recommending approval with conditions for this request for a Special Use Permit. II. Background The Warner Professional Buildings #1 and #2 are located at the eastern entrance of the EagleVail PUD on a 0.92 acre parcel of land designated for commercial use by the EagleVail PUD Guide ( PUD Guide ). US Highway 6 ROW borders the property to the north, Eagle Road to the east, and residential homes border the property to the south and west. This application is for the operation of a boarding house to serve as workforce housing in Building # 2 only. No change in use is proposed for Building # 1, which is under separate ownership, and currently accommodates commercial office space. Warner Professional Building # 2, existing exterior Warner Professional Building # 2, proposed exterior Page 3 of 17

4 Both Buildings #1 and # 2 are prominently positioned at the entrance to Eagle Vail, although existing landscaping does partially screen the structures from view. Access to the shared parking lot is via a driveway from Eagle Road located just south of the intersection of Eagle Road with US Highway 6. The paved lot presently accommodates 54 cars. Thirty nine (39) of the 54 spaces are allocated for Building # 2. Eagle County parking standards for a residential use such as a boarding house require one parking space per boarding room, and two spaces for the manager s unit, in this instance creating a need for 37 spaces. As proposed, 7 of the 39 spaces for Building # 2 are allocated for compact cars, and four spaces for handicap parking. The paved Eagle Valley Regional Trail runs by the property on the north side of US Highway 6, and Improvements on the site are proposed to include storage space for bicycles. ECO Transit bus stops are also located just east of the Eagle Road and Highway 6 intersection. In their referral response dated February 27, 2019, Eagle County Engineering is requesting sidewalk improvements as part of the project to ensure safe pedestrian circulation to and from ECO transit stops. The building is served with domestic water and wastewater lines operated by Eagle River Water and Sanitation; the applicant has received a conditional Commitment to Serve from the District. The Warner Professional Building # 2 was constructed in 1975, but PUD zoning was not established in the area until The building was constructed 10 feet from the rear property line. While the property conforms to EagleVail PUD standards for building coverage, impervious surface coverage, floor area ratio, building height, and front and side yard setbacks, it does not conform to the rear setback standard, which calls for a rear lot line setback of 25 feet. Because the building was constructed prior to the adoption of setback standards, it was lawfully established, but because it does not now meet setback standards, it is considered a legal nonconforming structure subject to ECLUR Section 6-110, Nonconforming Uses and Structures. A non-conforming 10 foot setback from the rear property line places Warner Building # 2 in close proximity to an adjacent residential structure. Section C.2, Nonconforming Structure, states that A nonconforming structure shall not be expanded by an enlargement or expansion that increases its nonconformity, but may be extended or altered in a manner that does not change or that decreases its nonconformity. This proposal will alter the Warner Professional Building # 2 in a manner that does not change its nonconformity, and Page 4 of 17

5 therefore a variance from setback standards will not be necessary for the applicant to secure a building permit for the alterations proposed. What is a Boarding House? While listed as a use allowed by Special Use Permit, a definition for boarding house is not provided in the EagleVail PUD Guide, nor is it provided in the Eagle County Land Use Regulations ( ECLUR ). The Planner Dictionary published by the American Planning Association provides a variety of definitions for boarding house from other jurisdictions, equating the use to a lodging house or a rooming house ; a couple of which are as follows: A single-family dwelling where more than two, but fewer than six rooms are provided for lodging for definite periods of times. Meals may or may not be provided, but there is one common kitchen facility. No meals are provided to outside guests. (Champaign, Ill.) An establishment with lodging for five or more persons where meals are regularly prepared and served for compensation and where food is placed upon the table family style, without service or ordering of individual portions from a menu. (Venice, Fla.) Looking at rooming house definition which is also allowed through special use in the EagleVail PUD: A rooming house is a business that rents out 4 individual rooms or more in the same building. They are sometimes called boarding houses, lodging houses, or single room occupancy units (SROs). Individual renters usually have their own separate room and their own agreement with the landlord. (Massachusetts Legal Help) In the instance of this application, a community room with shared kitchen facilities are proposed on the main floor, but meal provision is not proposed. As designed, the boarding house would accommodate up to 42 residents and a caretaker, and as presented would generally conform to definitions found by staff for boarding house. Below is the proposed interior layout of Building # 2: Page 5 of 17

6 Main floor with common area, six single rooms and one double occupancy room, and a managers unit Lower and upper floors are similar, each with 14 rooms, two of them double occupancy The subject property is designated as a Commercial Lot in the EagleVail PUD Guide. The EagleVail PUD defines Commercial Lot as follows: Page 6 of 17

7 While the EagleVail clearly contemplated multi-family residential uses on Commercial Lots, such uses were removed as uses by right as part of the 2012 EagleVail PUD amendment to support required residential setbacks from marijuana uses which were incorporated into the PUD at that time. Boarding Houses and Rooming Houses exist as uses allowed through special use. III. Referral Responses and Letters Received Requests for review and comment were sent to twenty-six (26) departments and referral agencies for review on October 1, The following responses were received; copies of letters are provided in Exhibit D. Eagle County Engineering Department Through the review process, the Applicant has worked closely with Eagle County Engineering to resolve issues regarding the proposed project. The latest memorandum from Engineering dated February 27, 2019 (note Exhibit D) targets two remaining issues, and provides 1) standards and requirements for pedestrian circulation and sidewalk improvements that will be required, and 2) continued the proposed use of compact car spaces, and potential parking management issues which could result. These items will be adequately addressed per condition # 2. Eagle County Public Health and Environment (October 10, 2018) Responded with no specific comment, but provided several links related to the best practices for the design of workforce housing units, and also health and wellness in student housing. Eagle County Housing The Applicant has also worked closely with the Housing Department to assure conformance to applicable housing guidelines, thus legitimizing the proposal as a true workforce housing project. In the referral response dated February 22, 2019 (note Exhibit D), Eagle County Housing details how the recently revised proposal will conform to Housing Guidelines on the basis of square footage, rental rates offered, and number of housing units offered. The Applicant s recently updated (02/20/19) Warner Professional Building # 2 Workforce Housing Property Rules and Regulations contains a Housing Plan section that memorializes the manner with which occupancy will be managed on the property that is consistent with the above. The Housing Plan section includes provision for annual reporting by the Owner, with verification of conformance to Housing Guidelines by the Eagle County Housing and Development Authority (ECHDA). Adherence to the Warner Professional Building # 2 Workforce Housing Property Rules and Regulations document will be a condition of approval for this file (note condition # 3). Eagle Vail Metropolitan District (November 16, 2018) Provided a list of questions, and voiced concern regarding the possibility of short term rentals, a lack of adequate parking, the possibility of outdoor gatherings, the lack of commitment to provide local workforce housing, the possible need for expanded public bus service at the bus stops on US Highway 6, and cited significant concerns regarding information and modeling provided in the Applicant s traffic study. It is believed that vehicles leaving the lot at busy times will be forced to turn right and then seek a location further east to pull a U turn. The District also asked that the project be prohibited for offering short term rentals. The revised narrative provided by the Applicant dated January 24th, provided a response to each of the concerns listed by the EagleVail Metropolitan District. Included in the revised material is a Warner Professional Building # 2 Workforce Housing Property Rules and Regulations (updated Page 7 of 17

8 02/20/19) document, a Parking Management Plan, and a revised Traffic Study, which address many of the District s concerns. Adherence to the Warner Professional Building # 2 Workforce Housing Property Rules and Regulations and the Parking Management Plan will be conditions of approval for this Special Use Permit. Left turn movements out of the parking lot at peak traffic hours have not been specifically addressed, and Eagle County Engineering has not recommended any modifications to the driveway exit or to Eagle Road in this regard. Adherence to the Rules and Regulations Document and the Parking Management Plan will be a conditions of approval for this file (note conditions # 4 and # 5) Eagle Vail Property Owners Association Board (November 29, 2018) Provided a list of comments and concerns. While the POA acknowledges the need for affordable housing, they do not believe the Warner Building should be allowed to be converted over the reasonable concerns of the Board and the residents of EagleVail. In summary, the POA lists the following concerns: The proposed use does not meet the daily or convenient shopping needs of neighborhood residents, and as such is inconsistent with PUD Commercial Requirements The proposed use would occur in a building that does not meet setback requirements The proposed use would adversely affect residential property values in the area The proposed use is not defined in the PUD or in Eagle County Land Use Regulations, and there is no formal agreement on parameters and Use Rules for a Boarding House There are other potential uses available to the applicant that should be investigated. The proposed use has inadequate parking and vehicle access The referral response provides considerable detail on each of these points, and provided the opinion that the proposal as submitted should not be approved. In the event the proposal might be approved, the POA Board provided a list of Modifications and Agreements (Exhibit 1 of their letter) that should be addressed and/or included as conditions. The revised narrative provided by the Applicant on February 5, 2019 provides a response to each of the concerns listed by the EagleVail Property Owners Association. Included in the revised material is the Warner Professional Building # 2 Workforce Housing Property Rules and Regulations (updated 02/20/19), a Parking Management Plan, and a revised Traffic Study, which address many of the Association s concerns. Adherence to the property rules and regulations and the parking management plan will be conditions of approval for this file (note conditions # 3 and #4) Eagle River Water and Sanitation District (October 19, 2018) indicated that a Conditional Ability to Serve Letter has been issued for the project, but that prior to infrastructure improvements for water and sewer service, an Ability to Serve letter would be needed (please note condition # 5) Colorado Department of Public Health and the Environment (October 4, 2018) Indicated the possibility of asbestos in building materials given the age of the targeted building, and a number of requirements that would need to be met in the event that asbestos is found. These items will be sufficiently addressed through the Eagle County Building Permit process. Letters Received Staff received 52 letters from EagleVail residents, most indicating opposition to the proposal. Of those supporting the proposal, the need for different affordable housing options in the valley, and the Page 8 of 17

9 close proximity of the proposed affordable units to public transportation were cited as positive attributes of the project. Concerns listed in the balance of letters received included: The location is not appropriate for this use, which would introduce a negative visual/aesthetic intensity of use statement at the entrance to EagleVail. The use and associated activity levels would not be compatible with nearby homes and with the larger EagleVail neighborhood. The use is contrary to stated intent of Eagle Vail PUD Guide, as lands zoned commercial in the PUD are intended to serve the needs of local residents. A negative perception of the type of people who would occupy building (transients, drug users, sex offenders, criminals, all with no tie to the community) Actual experience with boarding houses and higher density rentals was cited, with a boarding house in Minturn referred to as example. Property values (nearby and within the PUD) would be negatively impacted. Short term rental (30 day leases) should not be allowed, would invite transients and vacationers. Observations that the existing building is poorly maintained, and questions regarding the means to assure that this level of care would change. The density/operational aspects of the building, and whether the needs of tenants in the building will be adequately served by the proposed living arrangement. The structure is non-conforming with rear lot line setback of 10 feet. The existing parking lot and trash facility are not adequate for the proposed use. Traffic impacts on Eagle Road and intersection with US Highway 6 would be significant. Exit from parking lot is very close to the US Highway 6 intersection, which in busy times may result in right turns out and attempts to pull a U turn somewhere east of the site on local roads. Increased noise and light from windows impacting adjacent properties, at all times of day. Partying, gathering and smoking outdoors, trash and cigarette butts impacting site and adjacent properties Safety for children Security within the neighborhood Increased fire hazards This could set a precedent for similar use conversions in other commercial buildings All letters received are attached to this report in Exhibit E.. Given the nature of the proposed use, and the nature and substance of responses received, staff has identified the following topics as germane to a determination of compatibility for a boarding house facility at this location in the EagleVail PUD. 1. Conformance to the purpose and intent of the Eagle Vail PUD, which states that commercial properties should support the daily needs of local residents. 2. Intensity and density of residential use at this location. 3. Close proximity of the Warner Building # 2 to residential properties to the south. 4. The appearance of the building, and the nature of a boarding house facility at this location. 5. Concerns for adequacy of parking and impacts to traffic. 1. As provided by the PUD Guide, boarding house is contemplated as a use which can occur on a Page 9 of 17

10 commercial lot through approval of a Special Use Permit. This seems to conflict with the the stated purpose and intent of commercially zoned properties within the PUD, as it allows, albeit through approval of a Special Use Permit, the conversion of a commercial property to one that accommodates a Boarding House, which is a residential use. Residential properties in the Eagle Vail PUD are not held to the standard of supporting the daily or convenient shopping needs of neighborhood residents. 2. In the revised application submitted on February 5, 2019, the Applicant provided comparisons of the density of residential units proposed in the Warner Professional Building # 2 to those presently in place on adjacent residential properties, a study which indicated that the proposed density on a people per acre basis is very similar to those on surrounding lands. The entire density of units proposed would be confined to one three story building, however, and would be significantly more dense and intense a residential use than that found in the duplex structures located immediately to the south. The applicant has submitted and will be held to the Warner Professional Building # 2 Workforce Housing Property Rules and Regulations (02/20/19) that, if consistently enforced, will limit the hours and nature of activities allowed both within and outside of the building. (please note condition # 3). 3. The Warner Professional Building # 2 was constructed before zoning existed in the EagleVail area, and sits just 10 feet from the rear lot line of the property. The Applicant plans to renovate the exterior of the building, including new window arrangements on each floor. The common room on the second floor has been positioned on the north side of the buildings away from adjacent residential units. Enforcement by the on-site building manager of the Warner Professional Building # 2 Workforce Housing Property Rules and Regulations should also help mitigate noise impacts on the southern side of the building. 4. The site is very visible and is located at the main entrance to EagleVail. As part of this proposal, the exterior of the building will be redesigned and remodeled with architectural features and finishes that should improve the buildings visual attractiveness. Enforcement of Property Rules and Regulations by the on-site building manager should help to keep the site clean and in good repair. Nearby neighbors have enjoyed the relative quiet of the commercial office uses in Warner Professional Building # 2 for decades. If approved, the boarding house will introduce residential uses and activities that will occur at different times of the day than those previously experienced. Many local residents and property owners have cited concern for potential impacts from noise and late night activities. Some have cited a concern for neighborhood safety. As specified in the Warner Professional Building # 2 Workforce Housing Property Rules and Regulations, all residents of the building must be locally employed, and no short term rentals will be allowed. Outside activities allowed will be limited and enforced by the on-site building manager of the property, along with additional rules and regulations to minimize related impacts. No dogs will be allowed on the property. 5. The existing parking lot and the 39 parking spaces allocated for Building # 2 will be adequate to meet the needs of the proposal, per Eagle County standards. The requirement for snow storage off of the parking lot surface, and enforcement of the Parking Management Plan by the on-site Property Manager, should further ensure adequacy of parking for the proposed use (please note condition # 4). According to the traffic analysis conducted by McDowell Engineering, traffic counts are expected Page 10 of 17

11 to increase by six (6) trips a day on an average weekday over those generated by the existing commercial use of the building, an increase below the threshold that would trigger the need for a new access permit, or improvements to adjacent roadways. Eagle County Engineering has determined that potential problems with left turn movements for those attempting to leave the lot during peak travel hours cannot be reasonably mitigated with on-site or off-site improvements. The close proximity of the proposed Boarding House to public transportation stops on US Highway 6 may significantly lessen the need for occupants to use a car for daily errands or other trips. Revised Application, Received February 5, 2019 In response to referral letters received and the concerns expressed by local residents and officials, a revised copy of the Warner Building Application was received by Eagle County on February 5, 2019 (attached hereto as Exhibit A). Revisions to the application included expanded text and graphics, the inclusion of a Property Rules, Regulations and Housing Plan document (attached separately Exhibit B), a Parking Management Plan (attached separately as Exhibit C), and an updated Traffic Study, which is included in the revised narrative. Aplicant responses to letters received from the EagleVail POA and the EagleVail Metropolitan District are included in the updated narrative for the proposed workforce housing project as well. IV. Staff Findings and Staff Recommendation Pursuant to ECLUR Section 5-250, Special Uses are uses which may be determined compatible with the other uses allowed in the zone district based upon individual review of their location, design, configuration, density and intensity of use, and the imposition of appropriate conditions to ensure long term compatibility of the use at a particular location with surrounding land uses. This request is for a boarding house located on a property that has been designated for Commercial Use in the EagleVail PUD Guide. The PUD Guide provides that operation of a boarding house may be approved on commercial properties through the County s Special Use Permit process, as detailed in Section of Eagle County Land Use Regulations. To be approved, Special Uses must meet the standards applicable to Section 5-250, as follows: Standard 1. Consistent with Comprehensive Plan The proposed Special Use shall be in substantial conformance with the Eagle County Comprehensive Plan, Area Community Plans and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing, or infrastructure management. Finding Yes as conditioned Response : A Sub Area Master Plan that addresses land use in the EagleVail PUD area has not been developed, and so the Eagle County Comprehensive Plan serves as the guiding document for conformance to this standard. In general, the Comprehensive Plan lists broader policies and guidelines, and does not provide specificity regarding individual properties that are part of an existing PUD. However, it does list a number of guiding policies relevant to this Page 11 of 17

12 proposal, including: Policy g. Redevelopment and/or revitalization of currently underdeveloped, outdated, rundown, or otherwise dysfunctional areas should be encouraged. Policy a. Affordable workforce housing should be located near job centers. Policy a. Efforts to increase the stock of affordable rental units for local workers should be supported. Policy i. Workforce housing projects should incorporate quality design standards and programs for long term maintenance. Policy j. Land use planning should promote an appropriate amount of workforce housing. Policy l. Efforts by involved entities to reduce land costs, housing construction costs and carrying costs should be supported. Policy a. Developed areas in Eagle County should be served by multiple modes of transportation. Policy c Residential neighborhoods should include an appropriate mix of community services and community centered retail spaces that can be accessed by alternative modes of transportation. Policy k Adequate and efficient infrastructure should exist within community centers and suburban neighborhoods for the delivery of domestic drinking water and for the treatment of domestic sewage. Policy b. Lighting plans that reduce nuisance glare and protect the quality of the night sky should be encouraged. Policy c. Noise should be minimized to meet the highest applicable safety standards, as well as the aesthetic expectations of local residents. Policy d. Energy efficiency and the reduction of overall energy consumption should be a primary goal for future operations and developments in Eagle County. The Eagle County Comprehensive Plan Future Land Use Map (FLUM) provides a future land use designation of Existing Approved Development for the EagleVail area. The intent of this FLUM designation is cited as follows: (Previous) approvals for development by the Board of County Commissioners has determined a density and/or land use that is appropriate to the site, and it is expected by this Plan that those uses and densities will continue in similar fashion and character for the foreseeable future. New compatible uses may be appropriate within this designation. In keeping with the policies of this Comprehensive Plan, areas of existing commercial development could, through redevelopment, include the addition of residential units, creating a mixed use environment. Existing residential neighborhoods could, through redevelopment, be provided with a limited number of neighborhood-oriented public service facilities, so long as a clear need was demonstrated and any adverse impacts to the neighborhood were fully mitigated. Page 12 of 17

13 The Applicant has provided a Warner Professional Building #2 Workforce Housing Property Rules and Regulations document (02/20/19, attached as Exhibit B) that includes a Housing Plan which will govern the manner in which rents and leases will be administered on the property. As indicated in the referral response from Eagle County Housing dated February 22, 2019 (see Exhibit D), the project as proposed will meet and exceed the Eagle County Housing Guidelines for affordability. Strict adherence to the proposed rules and regulations and housing plan is a condition of approval for this Special Use Permit (note condition # 3) This project will increase the stock of workforce housing units in a location on a public transportation route and near job centers. As conditioned it is determined that the proposal is in substantial conformance with applicable policies within the Eagle County Comprehensive Plan and Eagle County Housing Guidelines. 2. Compatibility 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. Yes as conditioned Response : The proposal will not change the current footprint and massing of the existing structures on the property, other than to remodel the interior and exterior of the buildings and associated parking, sidewalk, and landscaping improvements. The subject property is adjacent to four-plex and duplex residential uses, with commercial uses across the street. As conditioned to require enforcement of Exhibit C: Rules and Regulations to prohibit short-term rentals, restrict outdoor activities, and enforce quiet hours, it is determined that the proposal would be compatible with adjacent and surrounding properties. As evidenced by submitted materials and the above analysis, and as further conditioned by this report, the proposed use will be generally compatible with the existing and currently permissible future uses of adjacent land and other substantially impacted land, services, or infrastructure improvements. 3. Zone District Standards The proposed Special Use shall comply with the standards of the zone district in which it is located and any standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses. Yes Response : As specified in the EagleVail PUD Guide, Boarding House is a use that may be approved by the Board of County Commissioners through Eagle County s Special Use Permit Process. Boarding House is not listed as a use in ECLUR Table 3-300, Table of Residential and Agricultural Zone District Use Schedule, nor are there definitions or standards listed for this use in the Page 13 of 17

14 EagleVail PUD Guide. The PUD Guide does provide dimensional limitations for structures on land designated for commercial use in the PUD, which includes a 25 foot rear yard setback. Warner Building #2 was constructed prior to the establishment of zoning and dimensional limitations in the area, and conforms to all standards except the standard for rear lot line setback, as it is presently 10 feet away from the rear lot line. As discussed earlier on page 4, Section C.2, Nonconforming Structure, states that A nonconforming structure shall not be expanded by an enlargement or expansion that increases its nonconformity, but may be extended or altered in a manner that does not change or that decreases its nonconformity. This proposal will alter the Warner Professional Building # 2 in a manner that does not change its nonconformity, and therefore a variance from setback standards will not be necessary for the applicant to secure a building permit for the alterations proposed. Given the above and as proposed, this application will comply with with the standards of the zone district in which it is located and any standards applicable to the particular use. 4. Design Minimizes Adverse Impact The design of the proposed Special Use shall reasonably avoid adverse impacts, including visual impacts of the proposed use on adjacent lands, trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, or otherwise create a nuisance. Yes as conditioned Referral responses from the EagleVail Property Owners Association and the EagleVail Metropolitan District, in combination with letters received from residents of the EagleVail community, have indicated concern for impacts from light, trash, traffic, noise, the intensity of use and the appearance of the building. Response. In their updated response submitted February 5, 2019, the applicant has attempted to address impacts noted by the community. Modifications to the original plan include the moving of the common room which may generate noise and light to the north side of the structure and away from adjacent residential uses. The trash bin will be relocated to the west side of the building and enclosed, and the Warner Professional Building # 2 Workforce Housing Property Rules and Regulations (02/20/19), if consistently enforced by the on-site property manager (see Exhibit B and condition # 3), will help to mitigate impacts from light, trash, noise and intensity of use. As indicated in the Traffic Study for the project, traffic will not increase substantially over that created by the existing use of the Building, and the close proximity of the property to public transportation stops on US Highway 6 should result in fewer vehicle trips from the site. In their referral response, Eagle County Engineering has indicated the need for sidewalk improvements to assure safe pedestrian circulation to and from the ECO transit stops. (see condition # 2) The applicant has agreed to provide a sidewalk to connect to the pedestrian path along Eagle Rd. as Page 14 of 17

15 recommended by staff. A parking Management Plan, has been submitted and as enforced should meet parking needs for the project. As indicated in submitted materials, the applicant is proposing to remodel and enhance the exterior of the building with finishes and features intended to improve the visual quality of the site. As designed and conditioned, the Special Use will reasonably avoid adverse impacts, including visual impacts of the proposed use on adjacent lands, trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, or otherwise create a nuisance.. 5. Design Minimizes Environmental Impact The proposed Special Use shall minimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. Yes Response : This is a long established and fully developed site in a substantially developed residential and commercial area. The proposed change in use will occur within an existing building,and will not cause deterioration of water of air resources. There are no mapped wildlife habitats, scenic areas or other prominent natural resource elements on the property. Existing landscape improvements will be retained, and the remodels structure will conform to present-day standards for energy and water use efficiencies. The proposed improvements and change in use will minimize environmental impacts and will not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, or other natural resources. 6. Impact on Public Facilities The proposed Special Use shall be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. Yes as conditioned Response : The EagleVail PUD is a long established neighborhood, and referral responses received indicated no issues regarding most public facilities and services presently available. As indicated in the referral response from Eagle River Water and Sanitation District dated October 19, 2018, however, the Applicant will be required obtain an Ability to Serve Letter from the District and the Eagle River Water Authority prior application for a building permit (condition # 5) As conditioned, the proposed Special Use will be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency Page 15 of 17

16 medical services. 7. Site Development Standards The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. Yes as conditioned Response : This change in use will occur within an existing building on a long established and fully developed property. Parking will conform to applicable standards, although In their referral dated February 27, 2019, Eagle County Engineering indicated concern for the use of compact car parking spaces, and the problems with parking management which may result. A Parking Management Plan has been submitted (see Exhibit C) and adherence to that Plan will be a condition of approval for this Special Use Permit (please note condition # 4). In their referral of February 27, Engineering also indicated improvements that will be necessary to assure safe pedestrian circulation associated with the project (please note condition # 2). Landscaping is well established on the property and is not proposed to be altered. The sign at the entry to the parking lot will remain in its present size and configuration, with no other signage proposed. Natural resource protection standards are not applicable given the location and nature of the use proposed. As proposed, roadway, irrigation system, drainage, utility and lighting, water supply and sanitary sewage disposal standards will all be met. As conditioned, the proposed Special Use will comply with the appropriate standards in Article 4, Site Development Standards 8. Other Provisions The proposed Special Use shall comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. NA Response : No other provisions of these Land Use Regulations for use, layout, and general development characteristics have been found applicable to this proposal. V. Staff Recommendation Based upon Staff s review of the proposed project, a thorough analysis of the standards for a Special Use Permit, and the comments received from referral agencies and adjacent property owners, Staff is recommending approval with conditions of the request for a Special Use Permit allowing the operation of a 35-room boarding house in the Warner Professional Building # 2. Page 16 of 17

17 Recommended Motion I hereby move to recommend approval of File No. ZS-7559 to the Board of County Commissioners, incorporating Staff findings, with the following conditions: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meetings shall be adhered to and considered conditions of approval. 2. The Applicant shall incorporate the items detailed in the memorandum from Eagle County Engineering dated February 27, 2019 including requirements for pedestrian circulation and for parking lot design and management, to the satisfaction of the Eagle County Engineer. 3. The Owner/applicant shall be responsible for ensuring that the Warner Professional Building #2 Workforce Housing Property Rules and Regulations, dated February 20, 2019 and as referenced in the referral response from Eagle County Housing dated February 22, 2019, are adhered to and enforced at all times on the property. 4. The Owner/applicant shall be responsible for ensuring that the the Parking Management Plan submitted as part of revised application materials on February 5, 2019 is adhered to and enforced at all times on the property. 5. Prior to issuance of a grading permit or building permit for the project, the Applicant shall provide an Ability to Serve letter for the project from the Eagle River Water Authority/Eagle River Water and Sanitation District. 6. The project shall utilize shielded down-facing exterior lighting to prevent glare to adjacent properties. VI. ATTACHMENTS/EXHIBITS A. Updated narrative dated February 5, 2019 B. Property Rules, Regulations and Housing Plan, revised 02/20/19 C. Parking Management Plan D. Referral Responses E. Letters received Page 17 of 17