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HomeMy WebLinkAboutHARMONY TECH PARK 3RD FILING LOT 1 REPLAT - PDP - PDP110001 - DECISION - CORRESPONDENCE-HEARINGAdministrative Public Hearing Sign -In Project: oN y 3 r0( )t�� C, L 47- t Meeting Location: =� a 1 N - cG'LLE G Date: f} /0'41 e- 194 c- o 1 1 PLEASE PRINT CLEARLY Name Address Phone Email o w 19 61d, J-i,JA 5 :k Z38 C Co 420 -5-34S �,PkAr,63 ae n - e %Neer, eo A Dei m &v361goZF,� _ 7s77 wl'��w RM Harmony Technology Park, Third , .,mg, Lot One, Replat, PDP, # 11-000-1 Administrative Hearing Findings, Conclusions, and Decision April 25, 2011 Page 16 of 16 DECISION The Harmony Technology Park, Third Filing, Lot One, Replat, P.D.P., # PDP 11-000-1 is hereby approved, including request for Alternative Compliance per Section 3.2.2(K)(3) of the Land Use Code by the Hearing Officer, with a condition of approval. The Hearing Officer finds that the proposed plan can be approved on the condition that the following adjustments are made to the plan, to meet the intent of LUC Section 3.5.3 (B) (2) (d) 1, and 2.8.2 (H) (1). This condition shall be incorporated into Final Plans, to be verified by staff. At a minimum, the following revisions shall be incorporated into the Plans to justify approval of the exception to the build -to line standard; and request for modification of the Connecting Walkway Standard. ■ Elevate the driveway to top of curb elevation (between the northwest parking bay and north parking bay). • Remove existing curbs with elevated plaza and extend special plaza paving and or landscape planting areas between sidewalk and building entrance. This adjustment with an expanded plaza area needs to overlap the northwest building corner footprint. This may result in eliminating up to 12 existing parking spaces. Complying with this change will provide sufficient justification for the existing building footprint location per Section 3.5.3 (B) (2) (d) 1. This change will also provide a priority for pedestrian circulation vs. vehicular access. ■ Redesign raised planters and cutouts in order to provide more direct pedestrian movement through plaza area. ■ Provide additional landscape elements such as low walls, fencing or railings, wood shade arbors, lighting, and furniture within plaza area for pedestrian interest, comfort, and visual continuity. ■ Provide low walls or fencing along planting areas between sidewalk and parking bays to screen parking areas fronting public streets. Dated this 251h day of April 2011, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Pete Wray Senior City Planner, Acting Hearing Officer Harmony Technology Park, Third wing, Lot One, Replat, PDP, # 11-000-1 Administrative Hearing Findings, Conclusions, and Decision April 25, 2011 Page 15 of 16 SUMMARY OF CONCLUSIONS In evaluating Harmony Technology Park, Third Filing, Lot One, Rep/at, P.D.P., the Hearing Officer makes the following findings of fact. 1. The P.D.P. complies with the applicable requirements of the LUC, specifically the procedural requirements located in Division 2.1- General Procedural Requirements, Division 2.2 - Common Development Review Procedures for Development Applications, and Section 2.4 - Project Development Plan, subject to an administrative review. 2. The P.D.P. complies with the applicable General Development Standards of Article Three, with the exception of. A. Alternative Compliance for Section 3.2.2 (K) (3) Parking Lots - Maximum Number of Spaces. The request for alternative compliance is supported based on the unique circumstances of the proposed P.D.P. B. The Request for Modification to Section 3.5.3 (B) (1) - Orientation to a Connecting Walkway. The request is found not to comply with the requirements for granting a modification per Section 2.&2(H)(1). The request for modification can meet the requirements of this Section with the identified Condition of Approval. C. Section 3.5.3 (B) (2) - Orientation to Build -to Lines for Streetfront Buildings. An exception to Section 3.5.3 (B) (2) can be supported with the identified Condition of Approval. 3. The P.D.P. is in compliance with land use and development standards of the Harmony Corridor Plan. 4. The P.D.P. is in compliance with the Harmony Technology Park Overall Development Plan, Third Amendment. 5. The P.D.P. is a permitted use and complies with the applicable land development standards of the Harmony Corridor zone district in accordance with Article Four. Harmony Technology Park, Third rmng, Lot One, Replat, PDP, # 11-000-1 Administrative Hearing Findings, Conclusions, and Decision April 25, 2011 Page 14 of 16 The applicant is participating with the master developer of the overall development to establish and comply with an integrated pattern of streets, outdoor spaces (stormwater detention), building style and land use. Further, with the exception of the loading dock, any industrial or Research & Development activity is carried out entirely within a completely enclosed structure. 2. Harmony Corridor Plan: The parcel is located within the Basic Industrial and Non -retail Employment Activity Center which is designated for primary uses. The proposed land uses, office, light industrial and research and development, are all primary uses as per the Harmony Corridor Plan. 3. Harmony Technology Park O.D.P. — Third Amendment: The parcel is located within Parcel E of the Harmony Technology Park Overall Development Plan. This parcel is designated as "Primary Uses." VI. Staff Recommendation: Staff recommends approval of the Request for Modification. In evaluating the request and in fulfillment of the requirements of Section 2.8.2(H) (1), staff makes the following findings of fact: 1. The granting of the modification would not be detrimental to the public good. 2. The plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard. 3. This is because all of the parking for multiple primary entrances must be accommodated onsite. And the northwest building entrance is given a prominent architectural feature and, combined with the pedestrian plaza, creates a focal point for the site and building that make for a safe and convenient pedestrian environment. Harmony Technology Park, Third riung, Lot One, Replat, PDP, # 11-000-1 Administrative Hearing Findings, Conclusions, and Decision April 25, 2011 Page 13 of 16 corresponding need for 125 parking spaces requiring parking lots and driveways on all four sides of the building. In review of this request, the plan as shown, including a marked pedestrian crossing of the driveway at vehicular grade, does not promote the purposes of the standard equally well or better than a plan that meets the standard. The purposes of the standard are described as: "These standards are intended to promote the design of an urban environment that is built to human scale to encourage attractive street fronts and other connecting walkways that accommodate pedestrians as the first priority, while also accommodating vehicular movement." The Hearing Officer can support the request for modification of standard to Section 3.5.3(B) (1) and meet the criteria identified in 2.8.2 (H) (1) if the condition of approval (mentioned in Part In above) is complied with as part of the Final Design Process. The redesign of the plaza area by elevating the grade of the connecting walkway in conjunction with other supporting landscape and architectural elements will promote the general purposes of the standard equally well or better than would a plan which complies with the standard. This discussion about the connecting walkway and build -to line standards is important in establishing pedestrian oriented design along attractive street fronts. The proposed P.D.P. is part of the Harmony Technology Park and HC Zoning, setting a foundation for high quality office employment and light industrial development. Pedestrian needs should not be compromised by vehicular access and parking requirements. V. Compliance with Article 4 District Standards of the Land Use Code - Division 4.26 Harmony Corridor (HC) Zoning Districtland other Related Plans: 1. Compliance with Applicable Harmony Corridor Zone District Standards: A. Permitted Uses: "Office, light industrial and research and development" are all primary uses and are permitted in the HC, Harmony Corridor Zoning District subject to a Type 1 (administrative) review and public hearing. B. Land Use Standards: As mentioned, the land use is a mix,of primary uses, and since the building is less than 80,000 square feet in size, it is permitted subject to Administrative Review. The building is below the maximum allowable height of six stories. Harmony Technology Park, Third Fmng, Lot One, Replat, PDP, # 11-000-1 Administrative Hearing Findings, Conclusions, and Decision April 25, 2011 Page 12 of 16 agreement. Since the nature of how this building will be occupied is speculative, the circulation pattern needs to be flexible to accommodate the needs of a variety of end -users, including parking in front of a variety of store fronts for potential tenants such as office, product showrooms with inventory storage, light industrial, research and development, laboratories, and the like. With the possibility of multiple tenants leasing small individual spaces, there is a need to offer convenient parking to handle a range of customers. The building faces Technology Parkway which does not offer street parking to access the front of the building. The applicant contends, therefore, that the alternative is feasible and mitigated by urban design enhancements. C. Evaluation of Applicant's Request: The building will feature at least two, and likely more, primary entrances on the north, west and south sides, and primary entrances need customer parking. Neither Technology Parkway nor Rock Creek Drive allow on -street parking, and parking on Precision Drive is limited by a fire hydrant and access drive. Since all parking must be accommodated onsite, and there are 125 spaces serving three sides of the building, there needs to be safe and functional circulation. The intervening drive aisle that separates the northwest corner of the building from the front yard plaza allows parking to circulate between Technology Parkway and Precision Drive. This aisle, at 20 feet in width, is the narrowest allowed by Fire Code and is upgraded with scored concrete and crosswalks. The building is tied to the corner with an upgraded primary entrance as an architectural feature and the aforementioned pedestrian plaza. The plaza is a significant feature that is not found elsewhere in Harmony Technology Park and mitigates the impact of the drive aisle. The purpose of the connecting walkway is to strengthen the relationship between the building and the street and the plaza feature accomplishes this purpose equally well as would a direct connecting walkway with no plaza. The decision maker may grant a modification of standards only if it finds that granting modification would not be detrimental to the public good. In addition, the findings should support the requirements and criteria of subparagraph (1), (2), (3), or (4). The Hearing Officer first concludes the modification will not be detrimental to the public good. The applicant's request uses the first criteria in that the plan as submitted promotes the general purposes of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested. Justification by the applicant for meeting this criterion is based on the unique circumstances of the proposed flex building space with multiple entrances, and Harmony Technology Park, Third Filing, Lot One, Replat, PDP, # 11-000-1 Administrative Hearing Findings, Conclusions, and Decision April 25, 2011 Page 11 of 16 J. Section 3.6.4 — Transportation Level of Service Requirements Technology Parkway is classified as a collector street and will provide two points of full - movement access. Precision Drive is classified as an industrial local street and will provide secondary full - movement access to the site for the east parking lot and loading zone. Precision Drive connects to Technology Parkway (west) and Lady Moon Drive (east) both collector roadways. Secondary access is also provided along Rock Creek Drive, a collector street. This project will not be obligated to construct Technology Drive north of Precision Drive to Harmony Road. Connecting Technology Parkway to Harmony Road will depend on subsequent intervening development. A five foot wide concrete walkway will run along the eastern edge of the site for the total length of the property thereby connecting Rock Creek Drive to Precision Drive. The Transportation Impact Study concludes that, with full development of this P.D.P., the future vehicular Level of Service at the key intersections will be acceptable. In addition, acceptable level of service is achieved for pedestrian, bicycle, and transit modes based upon the measures in the Multi -Modal Transportation Level of Service Manual. IV. Request for Modification to'Applicable General Development Standards A. Modification of Standard to Section 3.5.3(B) (1) Orientation to a Connecting Walkway. Relationship of Buildings to Streets, Walkways and Parking. (1) Orientation to a Connecting Walkway. At least one (1) main entrance of any commercial or mixed -use building shall face and open directly onto a connecting walkway with pedestrian frontage. Any building which has only vehicle bays and/or service doors for intermittent/infrequent nonpublic access to equipment, storage or similar rooms (e.g., self -serve car washes and self -serve mini -storage warehouses) shall be exempt from this standard. See Figure 10. A connecting walkway is defined as: "Connecting walkway shall mean (1) any street sidewalk, or (2) any walkway that directly connects a main entrance of a building to the street sidewalk without requiring pedestrians to walk across parking lots or driveways, around buildings or around parking lot outlines which are not aligned to a logical route." B. Applicant's Request: The applicants are constructing a building that is one-half flex space for future tenants (24,950 square feet). The core and shell will be constructed initially but interior finished space will be deferred until tenants are signed to a lease Harmony Technology Park, Third Filing, Lot One, Replat, PDP, # 11-000-1 Administrative Hearing Findings, Conclusions, and Decision April 25, 2011 Page 10 of 16 However, as an alternative to denial of the P.D.P., the Hearing Officer finds that the proposed plan can be approved on the condition that the following adjustments are made to the plan, to meet the intent of LUC Section 3.5.3 (B) (2) (d) 1, and 2.8.2 (H) (1). This condition shall be incorporated into Final Plans, to be verified by staff. At a minimum, the following revisions shall be incorporated into the Plans to justify approval of the exception to the build -to line standard; and request for modification of the Connecting Walkway Standard. ■ Elevate the driveway to top of curb elevation (between the northwest parking bay and north parking bay). ■ Remove existing curbs with elevated plaza and extend special plaza paving and/or landscape planting areas between sidewalk and building entrance. This adjustment with an expanded plaza area needs to overlap the northwest building corner footprint. This may result in eliminating up to 12 existing parking spaces. Complying with this change will provide sufficient justification for the existing building footprint location per Section 3.5.3 (B) (2) (d) 1. This change will also further promote a priority for pedestrian circulation vs. vehicular access. ■ Redesign raised planters and cutouts in order to provide more direct pedestrian movement through plaza area. • Provide additional landscape elements such as low walls, fencing or railings, wood shade arbors, lighting, and furniture within plaza area for pedestrian interest, comfort, and visual continuity. ■ Provide low walls or fencing along planting areas between sidewalk and parking bays to screen parking areas fronting public streets. The purpose of providing a courtyard or plaza has several benefits for a development project like this. A courtyard or plaza provides a central gathering place for building users. A plaza supports and enhances pedestrian connections and amenities on -site. A plaza establishes a high quality visual appearance and interest of space to accentuate a building's primary entrance area. This space also provides a direct connection between the street sidewalk and building, even with the parking drive isle, by prioritizing pedestrian movement over vehicular access. This condition of approval is based on the unique aspects of this proposed P.D.P. The P.D.P. as part of the Harmony Technology Park is located on local streets that allow no or limited on -street parking. The nature of the proposed speculative building format results in need for greater flexibility in site design. By incorporating an expanded gathering space between the building and street, along with enhanced architectural design features, this space accentuates the pedestrian realm equal or better than a smaller connecting walkway element. The prescribed adjustments provide sufficient justification to meet LUC Section 3.5.3 (B) (2) (d) 1 for an exception to the build -to line, and Section 3.5.3 (B) (1) request for modification to the connecting walkway standard. Harmony Technology Park, Third Filing, Lot One, Replat, PDP, # 11-000-1 Administrative Hearing Findings, Conclusions, and Decision April 25, 2011 Page 9 of 16 The exception states: "in order to form an outdoor space such as a plaza, courtyard, patio or garden between a building and the sidewalk. Such a larger front yard area shall have landscaping, low walls, fencing or railings, a tree canopy and/or other similar site improvements along the sidewalk designed for pedestrian interest, comfort and visual continuity." The applicant provides the following justification for an exception to the build -to line requirement: "This plaza space has been provided near the northwest corner of the site to directly connect the pedestrian spaces along the building storefront entries to the future center of the Harmony Technology Park master planned area. This connection allows for the distributed parking to the multiple tenant storefronts unique to this building type, but still provides for direct and continuous pedestrian connections to nearby (but future) destinations, and provides an outdoor gathering area for the potential tenants and their employees." The recommendation in the staff report concludes that the P.D.P. complies with the build - to line standard by creating a plaza that includes a significant amount of landscaping, seat walls and outdoor gathering space. The northwest entry faces this plaza and, combined, they create a focal point for the entire site. This plaza connects to the public sidewalks along both streets. There is no parking allowed on Technology Parkway resulting in a more suburban versus urban character in the area. The building, therefore, is pulled back from the property line in excess of 15 feet. Together, the prominent entry feature and plaza comply with the allowable exception to the build -to line requirement per Section 3.5.3 (13) (2) (d) 1. The Hearing Officer disagrees with the interpretation of the exception criteria by the applicant and staff. As a result, the P.D.P does not comply with the build -to line standard. The build -to line standard requires a building to be placed within 15 feet from the public right of way of two of the three streets. The proposed building setback off of Rock Creek Drive (south) is approximately 105 feet, a setback of approximately 95 feet from Technology Parkway (west); and setback of approximately 90 feet from Precision Drive (north). The standard would allow distances greater than 15 feet as an exception "in order to form an outdoor space such as plaza, courtyard..." However, in the proposed plan, the building is set back further from the street in order to form a parking lot. Based on the above findings, the Hearing Officer can not find a justification for the interpretation of the proposed exception by the applicant and staff, and as a result, concludes compliance with the build -to line standard as shown is not met. Harmony Technology Park, Third Filing, Lot One, Replat, PDP, # 11-000-1 Administrative Hearing Findings, Conclusions, and Decision April 25, 2011 Page 8 of 16 Section 3.5.3 — Mixed -Use, Institutional and Commercial Buildings i. Section 3.5.3(B)(1) — Orientation to a Connecting Walkway (Request for Modification) In Section 3.5.3 (A) the purpose states "these standards are intended to promote the design of an urban environment that is built to human scale to encourage attractive street fronts and other connecting walkways that accommodate pedestrians as the first priority..." This standard requires that "at least one main entrance of any commercial or mixed -use building shall face and open directly onto a connecting walkway with pedestrian frontage." A connecting walkway is further described in the Land Use Code Article 5.1 definitions as follows: "Connecting walkway shall mean (1) any street sidewalk, or (2) any walkway that directly connects a main entrance of a building to the street sidewalk without requiring pedestrians to walk across parking lots or driveways, around buildings or around parking lot outlines which are not aligned to a logical route." The proposed walkways that tie the building to the street are disconnected by an internal parking lot drive aisle. The Applicant is requesting a Modification of Standard to Section 3.5.3 (B) (1). This will be discussed further in Section IV of this Decision. ii. Section 3.5.3 (B) (2) — Orientation to Build -to Lines for Streetfront Buildings The purpose of this standard is as follows: "Build -to lines based on a consistent relationship of buildings to the street sidewalk shall be established by development projects for new buildings and, to the extent reasonably feasible, by development projects for additions or modifications of existing buildings, in order to form visually continuous, pedestrian -oriented streetfronts with no vehicle use area between building faces and the street." This standard requires new buildings to be built within 15 feet of the right-of-way of an adjoining street smaller than a full arterial. An exception to the build -to line standards is permitted in Section 3.5.3 (B) (2) (d) (1). Harmony Technology Park, Third Filing, Lot One, Replat, PDP, # 11-000-1 Administrative Hearing Findings, Conclusions, and Decision April 25, 2011 Page 7 of 16 5. The proposed number of parking spaces creates no detrimental impact on natural areas or features on or off -site. 6. The proposed parking plan maintains handicap parking ratios with the increased parking ratio. 7. For projects located in D, L-M-N, M-M-N and C-C zone districts, conforms with the established street and alley block patterns, and places parking lots across the side or to the rear of buildings. This requirement is not applicable. The proposed request for additional parking provides flexibility and ensures sufficient parking needs for all potential users. However as discussed, the result of the arrangement of proposed parking directly affects compliance of General Development Standards 3.5.3 (B) (1) and (2). G. Section 3.2.4 — Site Lighting Parking lot pole lighting and wall -mounted sconces will feature down -directional and full cut-off fixtures. There are no foot-candles that exceed the maximum allowable. H. Section 3.5.1(B)(C)(E)(F) — Building Project and Compatibility The building contains multiple functions within a contemporary design. The west elevation features both primary and secondary entrances to accommodate a variety of tenants. Future tenants will be provided a storefront for exposure to Technology Parkway. The east side of the building includes the option for six overhead doors in case tenants need access for equipment, machinery or storage. The east side is the service side of the building with maneuvering room for trucks, trash enclosure and utility meters. The long horizontal roof plane is embellished by projecting entry features at both the north and south ends. The northwest entry is the major focal point with an architectural element that exceeds the height of the roofline and has a larger expanse of brick masonry veneer and storefront glazing. The southwest entry also includes these features but at a smaller scale. In addition, there are three other distinct entry modules at 36 foot intervals featuring wall plane projections that punctuate the roofline by four feet. The north and south elevations are accented by windows with sunscreens. The building field is pre -cast, textured concrete panels with integral color. These panels include two distinct colors. The middle band is beige, unifies the architectural theme and provides horizontal consistency. The base and top colors are dark brown which provides vertical relief by distinguishing the base and top from the middle band. Harmony Technology Park, Third Filing, Lot One, Replat, PDP, # 11-000-1 Administrative Hearing Findings, Conclusions, and Decision April 25, 2011 Page 6 of 16 2. A potential for 100% office use on remaining portion of building with need to provide sufficient parking for this potential highest use and flexible nature of this building product in the market. 3. Limited on -street parking and no shared parking availability adjacent to the project site, resulting in need for parking to be accommodated on site. Compliance with the general purpose of Section 3.2.2 Access, Circulation and Parking: The purpose of this section is intended to ensure that the parking and circulation aspects of all development are well designed with regard to safety, efficiency and convenience for vehicles, bicycles, pedestrians and transit, both within the development and to and from surrounding areas. The Land Use Code regulates maximum parking requirements for nonresidential uses in Section 3.2.2(K) (2) (a). The intent of maximum parking requirements for nonresidential uses is to ensure that new developments do not provide excessive amounts of unnecessary and unused impervious surface site treatments, and to encourage use of alternative transportation modes. This section also sets forth parking requirements in terms of numbers and dimensions of parking stalls, including landscaping and shared parking. The request represents a change of parking ratio from 3.00 to 4.00 parking spaces per 1,000 square feet. The Hearing Officer agrees with the staff and applicant's justification for the Alternative Compliance request per Section 3.2.2 (K) (2). The proposed alternative compliance meets the seven criteria as follows: 1. The proposed parking plan does not detract from continuity, connectivity and convenient proximity for pedestrians between or among existing or future uses in the vicinity. This site is part of the larger Harmony Technology Park. The site and its access conform to the requirements of the approved Harmony Technology Park Overall Development Plan. 2. The proposed parking plan minimizes visual and aesthetic impacts along public streets. The site plan includes more distributed parking along the storefronts for customers and employees and a larger employee lot at the rear of the building. The size of each parking bay is reduced as a result of the distribution of parking on all four sides of the building. 3. The proposed parking plan minimizes the visual and aesthetic impact on the surrounding neighborhood. Site perimeter and parking lot landscaping provides a buffer and additional screening of parking impacts on adjacent areas off -site. 4. The proposed number of parking spaces creates no physical impact on any facilities serving alternative modes of transportation. Harmony Technology Park, Third ruing, Lot One, Replat, PDP, # 11-000-1 Administrative Hearing Findings, Conclusions, and Decision April 25, 2011 Page 5 of 16 The parking and circulation system is complete and capable of serving a variety of tenants ranging from light industrial to office. F. Section 3.2.2 (K) (2) — Parking Lots — Maximum Number of Spaces Request for Alternative Compliance For the 49,900 square foot building, 200 spaces are provided resulting in a ratio of 4.00 spaces per 1,000 square feet. Parking standards for nonresidential uses are limited to a maximum number of parking spaces. Office allows a maximum of 3.00 spaces per 1,000 square feet and industrial allows a maximum of .75 spaces per employee. The applicant has indicated that for the southerly one-half of the building, the user is an office (software engineering) with an internal layout of cubicle versus individual offices. This results in a floor plan that allows a number of employees per square foot that, at full employment, will require a higher number of parking spaces than allowed by the 3.00 spaces per 1,000 square feet (333 square feet per employee = 75 spaces). Instead, the nature of the industry is closer to providing 250 square feet per employee = 100 spaces and this results in a ratio of 4.00 spaces per 1,000 square feet. In addition, the remaining one-half of the building is speculative. Final users will likely include a mix of office, light industrial, research and development and showroom or store- front with inventory storage. Parking spaces in front of the store -fronts and showrooms will likely be needed for customers while employees will be required to park in the rear. Further, on -street parking is not allowed on Technology Parkway and Rock Creek Drive, and there are no shared parking opportunities with Custom Blending. Because the office use features a cubicle arrangement, the remaining one-half is flex space; the applicant has justified the 4.00 spaces per 1,000 square feet ratio under the Alternative Compliance provision. Staff finds that the request for Alternative Compliance represents a reasonable approach that accomplishes the purpose of the standard equally well than would a plan with less parking. For example, 74 spaces are located on the east side of the building along the shared property line with Custom Blending. This rear lot is not along a public street so it has less visibility. Further, the perimeter of this parking lot includes a mix of trees and shrubs to soften the exposure. Bicycle parking is provided in excess of the standard, and the site is served by Transfort Route #16. Finally, a five foot wide concrete walk is provided on the edge of the parking lot linking Rock Creek Drive with Precision Drive. Staff recommends approval of the Alternative Compliance for the 4.00 parking spaces per 1,000 square feet. The applicant submitted the following findings to support alternative compliance: 1. A known primary office use tenant to occupy over half of building with plans to accommodate a maximum of 5.6 employees per 1000 sf. Harmony Technology Park, Third , aing, Lot One, Replat, PDP, # 11-000-1 Administrative Hearing Findings, Conclusions, and Decision April 25, 2011 Page 4 of 16 The proposed P.D.P. is to develop Lot One of the Harmony Technology Park Third Filing for a mix of office, light industrial and research and development operations on approximately 4.9 acres. The P.D.P. and described uses are permitted in the Harmony Corridor (HC) Zone District, subject to an administrative (Type 1) review and public hearing. Neighborhood Meeting The LUC does not require that a neighborhood meeting be held for development proposals that are not subject to a Planning and Zoning Board (Type 2) review. Even with this provision, staff at times, schedules a neighborhood meeting based on individual characteristics of a project and opportunity for pubic comment. However, given the nature of this proposed project, no neighborhood meeting was held. III. Compliance with Article 3 of the Land Use Code — General Development Standards: The P.D.P. complies with the applicable General Development standards as follows A. Section 3.2.1(C) (D) — Landscaping and Tree Protection The P.D.P. provides full tree stocking around the entire site. Street trees are provided along all three public streets. Foundation shrubs are provided around all sides with the exception of the loading zone. B. Section 3.2.1(E) (1) — Buffering Between Incompatible Uses and Activities The site is bordered on the south by Rock Creek Drive. Rock Creek Drive is a collector street and separates the subject parcel from the L-M-N zone district by approximately 66 feet of public right-of-way. This distance is considered sufficient to separate light industrial activities from residential neighborhoods. C. Section 3.2.1(E) (4) (a) — Parking Lot Perimeter Landscaping All parking and loading in the first phase is located on the two sides of the building. The two side parking lots are buffered with shade trees in excess of the minimum requirement of one per 40 feet. Future parking is located at the rear of the lot and is separated from Rock Creek Drive by the stormwater detention pond. There is no adjacent residential area. D. Section 3.2.1(E) (5) — Parking Lot Interior Landscaping The parking lot exceeds 6% interior landscaping in the form of islands, which exceeds the required minimum for lots with less than 100 spaces. E. Section 3.2.2 (B) — Access Circulation and Parking Harmony Technology Park, Third , aing, Lot One, Replat, PDP, # 11-000-1 Administrative Hearing Findings, Conclusions, and Decision April 25, 2011 Page 3 of 16 From the Public: None Written Comments: None FACTS AND FINDINGS I. Compatibility with Surrounding Uses and Approval Sequence: The surrounding zoning and land uses are as follows: N: H-C; Vacant — Harmony Technology Park Second Filing (Office Park) S: L-M-N; Fossil Ridge High School E: H-C; Custom Blending - Harmony Technology Park, Third Filing, Lot Two W: H-C; Vacant — Harmony Technology Park O.D.P. The following approvals have been granted: • Harmony Farm Annexation - 1984 • Harmony Technology Park O.D.P. (155 acres) — August 1997 • Celestica P.D.P., - November 1997 (Intel) • Kendall -Harmony Annexation — June 2000 • Johnson -Harmony Annexation — July 2000 • Harmony Tech. Park, First Amended O.D.P. (267 acres) — September 2000 • Harmony Technology Park P.D.P. (61 acres) — May 2001 • Harmony Technology Park, O.D.P., Second Amendment — May 2004 The Second Amendment added three residential properties and increased the total acreage of the O.D.P. from 267.19 acres to 270.19 acres. This amendment also included consolidating Tracts G, H and I into a single Tract G, and slightly increasing the amount of land area for secondary uses from 7.5 to 8.25 acres. • Harmony Technology Park, O.D.P., Third Amendment — March 2008 • Harmony Technology Park, Third Filing, Lot Two, P.D.P., Custom Blending — June 2008. II. Compliance with Article 2 of the Land Use Code - Administration: This P.D.P. complies with the applicable requirements of the LUC; specifically the procedural requirements located in Division 2.1 - General Procedural Requirements, Division 2.2 - Common Development Review Procedures for Development Applications, and Section 2.4 - Project Development Plan in Article 2 - Administration. Harmony Technology Park, Third ruing, Lot One, Replat, PDP, # 11-000-1 Administrative Hearing Findings, Conclusions, and Decision April 25, 2011 Page 2 of 16 SUMMARY OF HEARING OFFICER DECISION: ZONING DISTRICT: H-C, Harmony Corridor STAFF RECOMMENDATION: Approval of the Modification and P.D.P. NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was properly posted, legal notices mailed and notice published. PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:00 p.m. on April 12 2011 in Conference Room A at 281 North College Avenue, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE: The Hearing Officer accepted during the hearing the following evidence: (1) Planning Department Staff Report; (2) application, plans, maps and other supporting documents submitted by the applicant and the applicant's representatives to the City of Fort Collins; (3) a sign up sheet of persons attending the hearing; and (4) a tape recording of the hearing. The LUC, the City's Comprehensive Plan (City Plan), and the formally promulgated policies of the City are all considered part of the evidence considered by the Hearing Officer. The following is a list of those who attended the meeting: From the City: Ted Shepard, Chief Planner From the Applicant: Angie Milewski, BHA Design, 1603 Oak Ridge Drive, Fort Collins, CO 80525 Jason Messaros, BHA Design, 1603 Oak Ridge Drive, Fort Collins, CO 80525 Shaun Moscrip, Aller-Lingle-Massey, 712 Whalers Way, B100, Fort Collins, CO 80525 John Gooch, Aspen Engineering, 19 Old Town Square, # 238, Fort Collins, CO 80524 CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE PROJECT NAME: CASE NUMBER: APPLICANT: HEARING OFFICER: PROJECT DESCRIPTION: April 12, 2011 Harmony Technology Park, Third Filing, Lot One, Replat Project Development Plan PDP #11-000-1 MAV Development Company c/o BHA Design 1603 Oak Ridge Drive Fort Collins, CO 80525 MAV Development Company 303 Detroit Street, Suite 301 Ann Arbor, MI Pete Wray Senior City Planner This is a request to develop Lot One of the Harmony Technology Park Third Filing for a mix of office, light industrial and research and development operations. Primary access would be from Technology Parkway, and secondary access would be from both Precision Drive and Rock Creek Drive. The proposed building would contain 49,900 square feet and be divided into a mix of space of various sizes ("flex space") beginning at 3,500 square feet up to the entire building depending on tenants to be determined. There would be six at -grade overhead doors on the east side for loading and high -bay storage. A walkway would connect Rock Creek Drive to Precision Drive along the east property line. The one-story building would be a maximum height of 26 feet. The site contains 4.9 acres and is located at the northeast corner of Rock Creek Drive and Technology Parkway and zoned H-C, Harmony Corridor. The P.D.P. includes a Request for Modification to Section 3.5.3(B)(1) — Connecting Walkway.