Loading...
HomeMy WebLinkAboutR19-070 Approval of Special Use Permit Warner Boarding House File No. ZS-007559-2019 1073 -u ; m l� .. 9 co t L-t-112.. o88O o Commissioner eiW -SNL•K.rimoved adoption 05 S c c m of the following Resolution: n 0 BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO o N Nu+ O RESOLUTION NO. 2019- 010 c mbi . cn .� t0 RESOLUTION FOR THE APPROVAL OF A SPECIAL USE PERMIT NI FOR A BOARDING HOUSE FOR THE WARNER PROFESSIONAL BUILDING#2 Eagle County File No. ZS-007559-2019 WHEREAS, on or about April 4, 2018, the County of Eagle, State of Colorado, accepted for filing an application submitted by Warner Property CO LTD, (the "Applicant") for approval of a special use permit for the Warner Professional Building #2, located at 20 Eagle Road, and 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 Building #2" or the"Property"); and WHEREAS, the special use permit application proposes to convert the existing approximate 10,000 square-foot Warner Professional Building #2 into a 35-room boarding house and caretaker unit(the"Special Use"); and WHEREAS, the Property is within the boundaries of the Eagle Vail PUD, which is governed by that certain Eagle Vail PUD Guide — Amended and Restated February 10, 2012, recorded October 30, 2012 at Reception No. 201221869 (the "PUD Guide"); and WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLUR"), Section 5-210.E -Notice of Public Hearings, notice of the proposed Special Use application was mailed to all owners of property adjacent to the Property and was duly published 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 Eagle County Planning Commission (the "Planning Commission") and the Board of County Commissioners of the County of Eagle (the "Board"); and WHEREAS, at its public hearing held on March 6, 2019, the Planning Commission, based upon its findings, recommended approval with conditions of the proposed Special Use; 1 and WHEREAS, at its regular public hearing held on August 13, 2019, the Board considered the proposed Special Use; associated plans; the statements and concerns of the Applicant, the Eagle County Community Development and Engineering staff, and other interested persons; and the recommendation of the Planning Commission; and WHEREAS, based on the evidence,testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, the Future Land Use Map (the "FLUM") for Eagle County, and the PUD Guide, as well as the comments of the Eagle County Department of Community Development, comments of public officials and agencies, recommendation of the Planning Commission, and comments from all interested parties,the Board finds as follows: 1. THAT, proper publication and public notice was provided as required by the ECLUR and state law for the hearings before the Planning Commission and the Board. 2. THAT, the PUD Guide designates the Property as a Commercial Lot. Pursuant to the PUD Guide, a Commercial Lot is defined as a parcel which may be used for multiple family residential purposes, condominiums, apartments, retail shops, service shops (including automobile service stations), restaurants, motels, hotels, lodges, medical clinics and professional offices. Section 4 of the PUD Guide sets forth the uses-by-right and uses allowed by special review for all lots within the PUD. In particular, Section 4.e., entitled, "Commercial Lot," begins with a general purpose statement, followed by a list of thirty-one (31) uses-by-right and eighteen (18) uses permitted via special review. Specifically, uses-by-right include (i) retail establishments, such as sales of appliances, clothing and food; (ii) personal service establishments, such as banks, art galleries, museums, and tailor shops; and (iii) office uses, such as a business or profession and a studio or conduct of arts and crafts. Uses by special review include service and retail uses, such as an auditorium, auto washing facility, boarding house, church, nursing home and rooming house. The general purpose statement provides that the purpose of a commercial lot is to provide for the limited range of commercial uses needed to meet the daily or convenient shopping needs of neighborhood residents in the immediate area. 3. THAT, although most of the uses-by-right and those allowed by special review offer a range of commercial uses, many (including churches, offices, auditoriums, convalescent home, fraternal lodge and boarding house) do not meet the daily or convenient shopping needs of EagleVail residents. The Board finds no requirement in Section 4 or elsewhere in the PUD Guide that requires that a use allowed by special review must meet the daily or convenient shopping needs of the immediate neighborhood to be permitted to operate on a Commercial Lot. If such a requirement was desired by EagleVail, it should have been included in the PUD Guide. The general language in the purpose statement regarding the "shopping needs" of residents does not trump the clear uses allowed by special review for a Commercial Lot, nor does it provide any guidance or standards that could be used by this Board in enforcing such an amorphous requirement. 2 4. THAT, based on the plain language of the PUD Guide, a boarding house is therefore permitted to operate on a Commercial Lot if approved by special review. Because the PUD Guide does not contain a process for special review, the standards for approval of a special use contained in Section 5-250, Special Uses, of the ECLUR govern the review and approval of uses allowed by special review in the EagleVail PUD. Here, special review allows for review and approval of uses which in certain instances may not be compatible with the uses-by-right or consistent with the general purpose statement for a Commercial Lot, but which may be determined to be compatible based on the location, design, configuration, density and intensity of the proposed use, and the imposition of appropriate conditions to ensure compatibility of the use at a particular location with surrounding land uses. 5. THAT, the proposed Special Use is for thirty (30) single occupancy rooms and five (5) double occupancy rooms within the approximate 10,000 square foot Warner Professional Building #2, each equipped with a microwave, sink, refrigerator and closet. Bathrooms on each floor would be shared, each serving approximately 2.5 rooms. A large community room with kitchen facilities and an on-site manager unit would be located on the west side of the middle floor. Rooms will be master leased in blocks to Eagle County businesses for their employees with no short term (less than 30 days) rentals allowed. Because neither the PUD Guide nor the ECLUR contain a definition for "boarding house", the Applicant and County staff presented evidence of various plain language definitions of "boarding house" as contained in the International Building Code, Merriam-Webster dictionary, and as used by other jurisdictions. Based on the characteristics of the proposed Special Use, the Board finds that the Special Use fits within the generally accepted plain language definitions of a "boarding house". The Board does not find that meals must be provided to residents for the use to constitute a "boarding house". 6. THAT, based on the foregoing and pursuant to Section 4.e.2. of the PUD Guide, the Board finds that this proposed Special Use, for a boarding house on a Commercial Lot in the EagleVail PUD shall be reviewed pursuant to ECLUR Section 5-250,Special Uses. 7. THAT, the application for the proposed Special Use complies with the standards in ECLUR Section 5-250.B -Standards for Special Use, as set forth below: A. Consistent with the Comprehensive Plan. Pursuant to ECLUR Section 5-250.B.1, the Special Use, as conditioned, is in substantial compliance with the policies of the 2005 Eagle County Comprehensive Plan including the goals of General Development, Housing, Infrastructure and Services, and Environmental Quality, and the Eagle County Affordable Housing Guidelines. Specifically, as set forth in the staff report, the Special Use meets a preponderance of the master plan goals, policies and objectives, while adhering to the FLUM designation and prescribed uses. The Board finds that 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%AMI. Thus, as conditioned, the Special Use is in substantial conformance with applicable policies within the Eagle County Comprehensive Plan and the Eagle County Housing Guidelines. 3 B. Compatibility. Pursuant to ECLUR Section 5-250.B.2, the Special Use will not significantly change the current footprint and massing of the existing structure on the Property, other than to add two entry staircases, remodel the interior and exterior of Warner Building#2 and associated parking, sidewalk, and landscaping improvements. The Special Use meets ECLUR standards for dimensional limitations (other than rear setback, which is discussed below), infrastructure, and utility services. Parking has been determined to be adequate based upon approval of the variation from parking standards articulated in Finding G: Site Development Standards, set forth below. Evidence was presented to demonstrate that potential impacts associated with the Special Use from traffic, water and wastewater impacts will be minimal as compared to current use of the Property. Hours of operation are not specified in the ECLUR for residential uses, although restrictions are in place to support quiet hours from 10 pm to 7 am as stated in the Warner Professional Building # 2 Workforce Housing Property Rules and Regulations (attached hereto as Exhibit A and incorporated herein by reference). In addition, the Rules and Regulations provide that "[u]se of the common areas shall not include loud, boisterous or generally objectionable behavior at any time." Thus, as conditioned, the Special 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. C. Zone District Standards. Pursuant to ECLUR Section 5-250.B.3, and as set forth above and in the PUD Guide, a boarding house is a use that may be approved by the Board through the Special Use process set forth the ECLUR. 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 ECLUR or PUD Guide. However, the PUD Guide does provide dimensional limitations for structures on lots designated for commercial use in the PUD, which includes a 25 foot rear yard setback. Warner Building#2 is a legal nonconforming structure because it was constructed prior to the establishment the EagleVail PUD and zoning and dimensional limitations, and it conforms to all standards except the standard for rear lot line setback, as it is was originally constructed 10' from the rear lot line for the Property. This proposal will alter the Warner Building # 2 in a manner that does not increase its nonconformity with respect to the 10' setback, and therefore a variance from setback standards will not be necessary for the Applicant to secure a building permit for the alterations proposed. Thus, the Special Use does comply with the standards of the zone district in which it is located and the standards applicable to the proposed Special Use, as identified in ECLURs. D. Design Minimizes Adverse Impact. Pursuant to ECLUR Section 5-250.B.4, the design of the Special Use reasonably avoids adverse impacts, including visual impacts of the Special Use on adjacent lands, including trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration and it will not otherwise cause or create a nuisance. The Applicant has included relevant 4 recommendations and addressed identified concerns for the Special Use. For example, modifications to the original plan for the Special Use include using smaller windows for facades facing adjacent residential uses, moving the common room which may generate noise and light to the north side of the structure and away from adjacent residential uses, and utilization of energy efficient and sound dampening windows. The Warner Professional Building # 2 Workforce Housing Property Rules and Regulations (Exhibit A), if consistently enforced by the on- site property manager, will help to mitigate potential impacts from noise, trash, and other activities which could be deemed a nuisance. As indicated in the Traffic Study for the Special Use, traffic is not forecasted to increase substantially over that created by the existing use of the Warner Building #2, and the close proximity of the Property to public transportation stops on US Highway 6 should result in fewer vehicle trips from the site than from a less transit-friendly location. A Parking Management Plan for Warner Professional Building #2 (attached hereto as Exhibit B and incorporated herein by reference) if consistently enforced by the on-site property manager, will help to mitigate concerns regarding resident and guest parking for the Special Use. E. Design Minimizes Environmental Impact. Pursuant to ECLUR Section 5-250.B.5, the design of the Special Use minimizes environmental impacts and will not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. The Property is a long established and developed site in a substantially built-out residential and commercial area. The proposed change in use will occur within an existing building, and will not cause deterioration of water or a*r resources. There are no mapped wildlife habitats, scenic areas or other prominent natural resource elements on the property. Existing landscaping elements and drainage plan will be generally retained, with parking area and entry amendments proposed, and the remodel's structure will conform to present-day standards for energy and water use efficiency. Thus, the proposed Special Use will fully minimize environmental impacts, and will not cause significant deterioration of water and air resources, wildlife habitat, scenic, and other natural resources. F. Impact on Public Facilities. Pursuant to ECLUR Section 5-250.B.6, the 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 medical services. The EagleVail PUD is a long established residential neighborhood serviced by all relevant public facilities. The Applicant will be required to obtain an Ability to Serve Letter from the Water District and the Eagle River Water Authority prior to application for a building permit for Warner Building #2. The access driveway and pedestrian circulation plan meet ECLUR standards and have been deemed acceptable by Eagle River Fire Protection District for emergency access, and the Traffic Study provided calculates that vehicular traffic impacts would be minimal from the Special Use. 5 G. Site Development Standards. Pursuant to ECLUR Section 5-250.B.7, the Special Use is in compliance with Article 4, Site Development Standards, with the exception of the ECLUR parking requirements. Accordingly, the parking plan for the Special Use includes two variation requests: • A reduction of the minimum width of parking stalls as required by the ECLUR from 10 feet to 9 feet, and • A reduction in the minimum number of parking spaces required by the ECLUR from 37 to 35, representing a two (2) space (5%)reduction. Based upon ECLUR Section 5-250.D Basis for Granting Variations, the Board hereby finds that approval of the variations to the parking standards will allow the Special Use to achieve the purpose of (i) extending an incentive to assure that long term affordable housing is provided, and (ii) obtaining desired design qualities, such as the provision of an open space area for residents. The granting of these variations to parking standards is necessary for those purposes to be achieved. The Board therefore approves the two variance requests to allow a total of 35 parking spaces for the Special Use, and for parkingstall dimensions of 9' x 20' as proposed. Landscaping is well established on the Property, and the Applicant has agreed to install additional landscaping between Warner Building #2 and the adjacent Warner Building #1. The sign at the entry to the parking lot for the Property 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, ECLUR standards for roadway, irrigation system, drainage, utility, lighting, water supply and sanitary sewage disposal will all be met. Thus, as conditioned, the proposed Special Use will comply with all applicable standards in the ECLURs, Article 4, Site Development Standards. H. Other Provisions. Pursuant to ECLUR Section 5-250.B.8, no other provisions of the ECLUR for use, layout, and general development characteristics in addition to those already referenced and/or addressed have been found applicable to this application. Thus, the proposed Special Use does comply with all standards required by all other applicable provisions of the ECLURs for use, layout, and general development characteristics. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the application for a Special Use Permit for the operation of a boarding house in Warner Building #2 is hereby APPROVED, subject to the following conditions, and that violation of any condition shall be the basis for revocation of the Special Use Permit pursuant to the ECLURs: 6 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 Owner/Applicant shall be responsible for ensuring that the Warner Professional Building #2 Workforce Housing Property Rules and Regulations as revised 7/23/19, attached hereto as Exhibit A ("Rules and Regulations") are adhered to and enforced at all times for the Special Use. The Rules and Regulations cannot be modified, revised or eliminated without the prior written consent of Eagle County. Proposed modifications or revisions shall be submitted to the Eagle County Community Development Director, who will determine if the modification is major or minor. Minor modifications can be approved by the Community Development Director. Major modifications must be approved by the Board of County Commissioners and any such modifications will serve as an amendment to the Special Use Permit for the Special Use. 3. The Owner/Applicant shall be responsible for ensuring that the Parking Management Plan submitted and revised as of 7/29/19 is adhered to and enforced at all times for the Special Use. 4. Prior to issuance of a grading permit or building permit for the Special Use,the Applicant shall provide an "Ability to Serve" letter for the Special Use from the Eagle River Water Authority/Eagle River Water and Sanitation District. 5. The Applicant has agreed to install conduit and wiring rough-in on the site of the Special Use to adequately support future on-site electric vehicle charging infrastructure. 6. The Special Use shall utilize shielded down-facing exterior lighting to prevent glare to adjacent properties. 7. As may be reasonably acceptable to the owners of property adjacent to the Special Use and the EagleVail Property Owners Association ("EVPOA") design review board, to be evidenced by a written request from the EVPOA to Applicant made not later than one (1) year after the date of this Resolution, and subject to issuance of any required approvals from (i) municipal or quasi-municipal jurisdictions, and/or (ii) holders of any easements or owners of any utilities installed within the affected area, the Applicant agrees to install reasonable fencing and landscaping along or around the rear (southwest) boundary of the Property to help mitigate potential impacts from the Special Use on adjacent residential uses. In the event of any dispute over the reasonableness of any request from the EVPOA or any obligation of Applicant relating to this condition, the Eagle County Community Development Director shall, after allowing the opportunity for input from both EVPOA and Applicant, determine what, if any, fencing and/or landscaping shall be installed by the Applicant to satisfy this condition. THAT, this Special Use Permit shall be subject to review as provided for by the ECLURs. 7 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 24th day of September, 2019, nunc pro tunc to the 13th day of August, 2019. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 8 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: � OF EAG(FCo "4 Gym By dip 1 +4-414u t�t� WQClerk to the Board �� JMcQueeney OtoR�'•• ' � County ..mmissio rs Chair / / // it f - MIPF Kathy Chagler-Henry , Commissioner Matt S Co missioner Commissioner seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner McQueeney 1�-M Commissioner Chandler-Henry A-1. Commissioner Scherr 141-1,4' 9 EXHIBIT A Warner Professional Building#2 Workforce Housing Property Rules and Regulations 10 Warner Professional Building#2 Workforce Housing Property Rules and Regulations 7/23/2019 1) Intent The Warner Professional Building Workforce Housing project is intended to provide individual and double rooms for seasonal and year round housing that will serve the local workforce with a focus on a high quality, clean and quiet living environment with a commitment to acting as a compatible and peaceful neighbor to the adjacent community. Rooms will be leased on a master lease basis only to Qualified Employers.The building is not intended to serve as a social hub or activity center. Employers entering into master lease arrangements shall manage the selection of tenants to reflect these values. Warner Professional Building ownership ("Owner") and management shall manage the care and use of the property and the application of these rules and regulations to the benefit of this philosophy. 2) On-site Management There shall be on-site management responsible for enforcing the Parking Management Plan and the Property Rules and Regulations. Management will be responsible for building, property management and for keeping the property clean and well maintained. Management will have the right of entry and the right to inspect all rooms upon request. 3) Violation by Tenant Violation of these rules and regulations by tenants or their guests will result in tenant eviction. Leases will be structured to require vacation of the premises within 72 hours of receipt of eviction notice. Tenants must comply with the directions of management. All management determinations shall be final. 4) Occupancy Single rooms shall be limited to one (1) occupant. Double rooms shall be limited to two (2) occupants.There shall be no more than forty (40) tenants in total, plus the manager's unit, which allows for two (2)tenants, occupying the property. In total, no more than 42 persons shall live in the Warner Professional Building#2 at any one time. 5) Parking In accordance with the Parking Management Plan, there shall be one parking permit available per room.This is a total of 35 parking permits, which includes two (2) parking permits for on-site management. 6) Outdoor Activities There shall be no outdoor activities or use of the lawn or common areas, including the parking lot (other than typical arrival and departure actions and snow removal activities) between the hours of 10:00 pm and 7:00 am. a) There shall be no installation or use of fire pits allowed on the property. b) There shall be no resident use of or access to the area immediately behind the Warner Professional Building#2. c) There shall be no inoperative or unregistered vehicles, campers, boats or trailers stored on the property. d) Vehicle repair is prohibited on the property. 7) Quiet Hours No resident or guest may create any noise or engage in or permit any conduct that disturbs or offends other residents or neighbors. Special consideration must be exercised both inside and outside of the building between the hours of 10:00 pm and 7:00 am. Use of the common areas shall not include loud, boisterous or generally objectionable behavior at any time. 8) Bicycle,Ski, Snowboard and other Recreational Equipment Storage Bicycles, skis, snowboards and other recreational equipment may not be stored in any common interior or exterior areas not designated specifically for such storage, including but not limited to common areas, hallways and staircases of Warner Professional Building#2. All bicycles left outside must be stored in the designated bicycle rack/storage area. 9) Pets Residents shall not keep or harbor any animal or pet of any kind in or about the premises. Visitation by pets is not allowed. 10)No smoking policy The Warner Professional Building#2 is a non-smoking facility.There shall be no smoking in any interior area including but not limited to private rooms, common areas, bathrooms, storage rooms, laundry areas, hallways and stairways. Smoking is only permitted outside the facility in a specifically designated area on the property.This policy applies to all residents and their guests, visitors, contractors, service personnel and employees. 11) Warner Professional Building#2 Housing Plan/Master Lease Rooms will be leased on a master lease basis only to Qualified Employers.The term "Qualified Employers" is defined by the Eagle County Affordable Housing Guidelines and Administrative Procedures ( "Housing Guidelines") as an individual or entity that regularly conducts business in Eagle County. Qualified Employers must master lease a minimum of seven (7) rooms or one "pod"for a minimum time frame of five (5) months. Qualified Employers may sub-lease rooms to employees working a minimum of thirty(30) hours per week in Eagle County.There shall be no leasing or sub-leasing of rooms to persons not actively employed in Eagle County. There shall be no sub-leasing individually by tenants. Short-term leasing is strictly prohibited. "Short term" is defined by the Housing Guidelines as a non-owner providing compensation to lodge in an owner's property for periods less than thirty(30) days. 12)Warner Professional Building#2 Rental Rates The Area Median Income (AMI) is published in the most recent Housing Guidelines. Rental rates will be set at or below rates that are affordable to Households with incomes no greater than 70%AMI for single occupancy rooms and 100%AMI for double occupancy rooms. Rental rates shall include utilities, parking fees, etc. A Household is defined by the Housing Guidelines as all individuals who will occupy a unit regardless of legal status of relation to the lessee. Qualified Employers may not impose additional restrictions on the units or charge sub-lease rent in excess of rates that are affordable to Households with incomes no greater than 70%AMI for single occupancy rooms and 100%AMI for double occupancy rooms. 13) Warner Professional Building#2 Annual Verification and Compliance The Owner will submit an annual assessment and verification report to the Eagle County Community Development Department and the Eagle County Housing and Development Authority("ECHDA") no later than February 15Y of each year, beginning in the year following the first year of occupancy of the property. The assessment shall demonstrate compliance with the provisions of the Special Use Permit and the conditions of approval, including operation of the building, rules and regulations, and shall include a listing of any complaints or identified issues and associated remedies and resolution(s)thereof. The report shall also include written verification of the following information and with a certification that such information is true and correct to the best of the Owner's knowledge and belief: a) A list of tenants who occupied the units in the prior calendar year and the evidence submitted by such tenants to establish that they worked a minimum of 30 hours per week at a business located in Eagle County, including identification of employer(s). b) A copy of each lease, both master lease and sub-lease as applicable. c) Copies (which may be electronic) of application information submitted by the tenant and/or master lessor occupying the units to prove Eagle County employment. Owner or its Property Manager shall make Owner's records available with respect to the use and occupancy of the units available to ECHDA or its authorized agent for inspection upon request for audit to confirm compliance with this Housing Plan and Property Rules and Regulations. 14) Modification or revisions These rules and regulations cannot be modified, revised or eliminated without the prior written consent of Eagle County. Proposed modifications or revisions shall be submitted to the Eagle County Community Development Director,who will determine if the modification is major or minor. Minor modifications can be approved by the Community Development Director. Major modifications must be approved by the Board of County Commissioners and any such modifications will serve as an amendment to the Special Use Permit for the Warner Professional Building Workforce Housing project. Owner may institute additional and more strict rules and regulations above and beyond these rules and regulations without approval of Eagle County. EXHIBIT B Parking Management Plan for Warner Professional Building#2 11 Parking Plan for the Warner Professional Building#2 7/29/19 The proposed parking lot serving the Warner Professional Buildings will contains a total of 48 parking spaces. The Warner Professional Building#2 ("WPB#2")will have the use of 35 of the 48 parking spaces. Warner Professional Building#1 (WPB#1") is allocated the other 13 parking spaces. Two of the 48 spaces are designated as ADA accessible. The proposed plan for the WPB#2 workforce housing includes thirty single occupancy rooms,five double occupancy rooms and a one-bedroom manager's unit. The parking requirements of the Eagle County Land Use Regulations require one parking space per room and 1.5 parking spaces for the one- bedroom manager's unit. This creates a requirement for thirty-seven parking spaces. The provided thirty-five spaces requires a two parking space(5%)variance from the Eagle County Land Use Regulation Requirements. The 35 parking spaces allocated to WPB#2 will be identified by individual marker signs and will be indicated on a map displayed in the building common area and made a part of each lease agreement. The 35 parking spaces allocated to WPB#2 will not be individually reserved to specific users and will remain open for general use. Each single and double occupancy room will be allocated one parking permit and the manager's unit will be allocated two parking permits up to a maximum of 35 parking permits. No more than 35 total parking permits will be issued at any one time. • Residents will be required to register the make, model,color and license plate with the manager. • Residents will not be permitted to park registered vehicles in parking spaces not designated for WPB#2. • Residents will be required to prominently display the WPB#2 parking permit on their vehicle at all times vehicle is parked in the lot. • Management will not allocate a parking permit to a room if the room does not register a car and require a parking permit. • The six compact car spaces will be assigned or managed to assure that the spaces are only utilized by vehicles that meet the United States EPA definition of a compact automobile by having an interior volume index of less than 109 cubic feet. • Guest parking will be to be limited to 8 hours of continuous use. Guests parking a car in the lot must sign in at the provided guest parking register. • Management will be required to actively manage resident,guest and non-resident parking at all times. Non-resident use of the WPB#2 parking for access to the adjacent ECO-Transit stations will not be allowed. • Violations of parking will be dealt with by the Management Company and a boot/towing company of their choosing. o 1sY infraction:warning o 2"d infraction: boot o 3rd infraction:towing The Warner Professional Building is an example of a project that by virtue of its location, its targeted resident demographic, its proximity to excellent transit service and the active on-site management is expected to fully function with the provided level of parking.