HomeMy WebLinkAboutICE ENERGY CORP HEADQUARTERS - APU - 20-10 - REPORTS - RECOMMENDATION/REPORTIce Energy - Addition of a Permitted Use, # 20-10
September 16, 2010 P & Z Hearing
Page 10
RECOMMENDATION:
Staff recommends approval of:
A. The Request for Addition of a Permitted Use to allow Light Industrial
specifically for the research, design, development, prototype fabrication and
testing in association with an office component to 120 Bockman Drive (Toys
R Us P.U.D.) #20-10.
B. Ice Energy Minor Amendment to the Toys R Us P.U.D.
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Ice Energy - Addition of a Permitted Use, # 20-10
September 16, 2010 P & Z Hearing
Page 9
11. Findings of Fact and Conclusion:
In reviewing the request to add Light Industrial as a permitted use for the existing building
at 120 Bockman Drive, and in reviewing the request for the Minor Amendment, Staff
makes the following findings of fact:
A. The Light Industrial activity associated with the applicant, Ice Energy, is
found to consist of research, design, development, fabrication and testing.
Fabrication is on a prototype basis and not on a mass production basis.
Further, the Light Industrial activity is in association with an office
component.
B. Adding the Light Industrial, as specifically described in the application, to the
Toys R Us P.U.D. in the C, Commercial zone is found to have insignificant
impacts with regard to operational and functional characteristics of the
surrounding area. The proposed improvements such as new entrances,
windows, and fagade upgrades will improve the quality of the existing
structure. The site is well -buffered from residential development. Therefore
request complies with the compatibility standards of Section 3.5.1 of the
Land Use Code.
C. Adding Light Industrial to the Toys R Us P.U.D. is found to have an
inconsequential impact on the available retail floor area inventory in the Mid -
Town Commercial Corridor. Such use is found to be appropriate for the C,
Commercial zone district and; therefore, complies with the criteria of Section
1.3.4 of the Land Use Code.
D. Because of the proposed building and site upgrades and inconsequential
impacts, adding Light Industrial to the Toys R Us P.U.D. would not be
detrimental to the public good.
E. The Minor Amendment to the Toys R Us P.U.D. complies with the applicable
General Development Standards of Article Three and the zone district
standards of Article Four.
Ice Energy - Addition of a Permitted Use, # 20-10
September 16, 2010 P & Z Hearing
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adverse impacts on public or quasi -public facilities, utilities or services,
adverse effect on public health, safety, morals or aesthetics, or other adverse
impacts of development, than the amount normally resulting from the other
permitted uses listed in the zone district to which it is added;
The request for Light Industrial at this location is found to not have any significant
impacts on the public streets, utilities or the surrounding properties. The site is
separated from the nearest residences by the 100-foot public right-of-way of J.F.K.
Parkway, and the proposed use will introduce no additional impacts beyond those of
the original retail use. The neighborhood information meeting revealed no impacts
requiring mitigation. The proposed conversion of 120 Bockman Drive complies with
the operational aspects as required by Section 3.5.1. Light Industrial, therefore, will
not create any more impacts than the amount normally resulting from the other
permitted uses.
D. Such use is compatible with the other listed permitted uses in the zone
district to which it is added, -
Light Industrial, on this parcel, and in an upgraded existing structure; will have
comparable operational characteristics as the other permitted uses. In fact, there
will be a decrease in trip generation versus retail. The Minor Amendment
demonstrates that the any impacts associated with the Light Industrial use have
been effectively mitigated and that compatibility with the surrounding area has been
achieved.
E. Such use is not a medical marijuana dispensary or a medical marijuana
cultivation facility.
The proposed use is not associated with the dispensing or cultivation of medical
marijuana.
F. Such use is found not to be detrimental to the public good.
The proposed use is a mix of office, research and development and manufacturing
of prototype equipment. As demonstrated by compliance with the General
Development Standards, the proposed addition of Light Industrial in the Commercial
zone would not be detrimental to the public good.
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Ice Energy - Addition of a Permitted Use, # 20-10
September 16, 2010 P & Z Hearing
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The purpose of the C, Commercial zone district is described as follows:
"The Commercial District is intended to be a setting for development, redevelopment
and infill of a wide range of community and regional retail uses, offices and personal
and business services. Secondarily, it can accommodate a wide range of other uses
including creative forms of housing.
While some Commercial District areas may continue to meet the need for auto -
related and other auto -oriented uses, it is the city's intent that the Commercial
District emphasize safe and convenient personal mobility in many forms, with
planning and design that accommodates pedestrians."
Light Industrial may be considered appropriate under the category of "wide range of
other uses..." that are envisioned within the Commercial zone district. Essentially,
the appropriateness of adding Light Industrial into this existing building at this
location is that the use is totally confined to the interior and that the loading dock is
already screened from public view. But for the sign on the door, the existing
developed site will perform and function much like a large retail establishment.
Further evidence of appropriateness is the finding in the Mid -Town Corridor Study
that filling 650,000 vacant square feet exclusively with retail tenants is unrealistic,
especially with the opening of Front Range Village. As noted in the Study, other
non -retail uses in the Corridor will be needed to fill in the Corridor and that such
uses will complement the Mason Street Corridor and add economic vitality to the
area.
B. Such Use Conforms to the Basic Characteristics of the Zone District and the
Other Permitted Uses in the Zone District To Which It Is Added
On a fundamental level, the primary character of the zone is to capture the retail
trade along the City's major highway spine. Specifically, the segment of South
College Avenue between Horsetooth and Harmony Roads is further characterized
by a series of centers anchored by a major tenant and flanked by in -line shops and
perimeter pad sites. This area is not unified by a cohesive design. The addition of
Light Industrial within a former big box retail store conforms to this character
because the proposed change is inconsequential as compared to the overall
context of the area. The conversion of this building represents only 7% loss of
vacant retail floor area from the total as calculated by the Mid -Town Commercial
Corridor Study.
C. Such use does not create any more offensive noise, vibration, dust, heat,
smoke, odor, glare or other objectionable influences or any more traffic
hazards, traffic generation or attraction, adverse environmental impacts,
Ice Energy - Addition of a Permitted Use, # 20-10
September 16, 2010 P & Z Hearing
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H. Section 3.4.1 — Natural Habitats and Features
As proposed, there will be no changes in the relationship between Larimer Canal
Number Two and the existing improvements. The irrigation ditch is located on the
property and granted a 50-foot wide easement which will be preserved.
Section 3.5.1(B)(C)(E)(F) — Building Project and Compatibility
This standard is designed to ensure compatibility of new buildings with the
surrounding context. In addition to the new main entrance on the west elevation,
there would a similar but subordinate entry and employee break area added to the
south elevation along Bockman Drive. The fagade improvements include adding
windows for the new offices and repainting portions of the exterior. Staff considers
these renovations as an upgrade that will further contribute to compatibility with the
surrounding area.
J. Section 3.5.3(D)(1 — 6) — Character and Image
The new fagade improvements will further contribute to the building having a distinct
base, middle and top in compliance with the standard.
K. Section 3.6.4 — Transportation Level of Service Requirements
The site has frontage along three public streets and all public improvements are in
place. The Minor Amendment does not affect these improvements. The plan, as
amended, will continue to adequately provide vehicular, pedestrian and bicycle
facilities necessary to maintain the adopted levels of service standards.
9. Neighborhood Meeting:
A neighborhood information meeting was held on September 1, 2010. A summary is
attached. There was general support for the addition of Light Industrial especially since
most of this activity is research laboratory and the product fabrication is on a prototype
basis. The primary concern was future transferability of the proposed use to a more
intense activity.
10. Criteria of Section 1.3.4(A):
Additions of a Permitted Use are required to comply with the criteria of Section 1.3.4(A).
A. The Use Is Appropriate In the Zone To Which It Is Added
Ice Energy - Addition of a Permitted Use, # 20-10
September 16, 2010 P & Z Hearing
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There will be no changes to the parking lot perimeter landscaping.
C. Section 3.2.1(E)(5) — Parking Lot Interior Landscaping
The parking lot will be reconfigured to allow for a new front entry plaza. A new
traffic control device will be placed at the main driveway that connects to Mitchell
Drive. Interior parking lot landscaping will be adjusted accordingly such that the
standard is maintained.
D. Section 3.2.1(E)(6) — Screening
The existing loading dock, trash enclosure and compactor are located along the
east side of the site. This area of low visual interest is well screened from J.F.K.
Parkway by existing landscaping which will remain unchanged.
E. Section 3.2.2(B) — Access, Circulation and Parking and Section 3.2.2(C)(5) -
Walkways
With the addition of the new entry feature and outdoor plaza, the entrance to the
building will shift closer to Mitchell Drive than the existing building.
F. Section 3.2.2(K) - Parking
The site presently provides 217 spaces for 45,487 square feet of retail for a ratio of
4.77 spaces per 1,000 square feet of gross floor area which complied with standard
in effect in 1991. (By way of comparison, the current standard is a maximum of
4.00 for general retail and 5.00 for a shopping center).
The maximum allowable parking ratios for general office and industrial under the
Land Use Code are less than what was allowed for retail in 1991. As noted, the
present request would convert the building to two new uses, add a new entry
feature, reconfigure the existing parking lot and add a new traffic control device, all
resulting in a reduction in the number of parking spaces from 218 to 161.
Consequently, the Minor Amendment is demonstrating a greater degree of
compliance with the current standard than otherwise provided by the original P.U.D.
G. Section 3.2.4 — Site Lighting
The existing parking lot lighting is down directional and will not change. New
building -mounted lighting, particularly associated with the new entry feature, will
also be fully -shielded and down -directional.
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Ice Energy - Addition of a Permitted Use, # 20-10
September 16, 2010 P & Z Hearing
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of surface parking lots and replacing many low -density, first -generation buildings,
this future development is an opportunity to thoughtfully define the character, look
and feel of Midtown."
Adding Light Industrial to a portion of an existing, vacant building in the Midtown
Corridor contributes to the mix land uses in the area. The study indicates that
converting excess retail space with non -retail land uses may increase activity in the
area and lead to further re -development. With roughly 650,000 square feet of vacant
retail floor area, removing 26,500 square feet does not diminish the capacity to
accommodate a future rebound in the retail sector. In summary, the request is
supported by the findings of the Midtown Commercial Corridor Study.
6. Commercial Zone District Standards:
There is one standard that is applicable:
Section 4.21(E)(2) - (2) Site Design.
(a) Pedestrian -oriented outdoor spaces shall be placed next to
activity areas that generate the users (such as street corners,
shops, stores, offices, day care and dwellings). Because
liveliness created by the presence of people is the main key to
the attractiveness of such spaces, to the maximum extent
feasible, the development shall link outdoor spaces to and
make them visible from streets and sidewalks. Sculpture,
kiosks or shelters are encouraged to be prominently placed in
outdoor spaces.
The building addition will create an enhanced entry feature and plaza. This new element
will include landscaping and seat walls and will be an improvement over the existing
building entrance. These improvements will serve as a new and distinct focal point for
employees and customers and be an attractive addition to the South College Avenue
Midtown Corridor.
7. Compliance with Applicable General Development Standards:
A. Section 3.2.1(C)(D) — Landscaping and Tree Protection
There will be an increase in landscaped area. All existing trees will be preserved
and new trees added along the proposed entry plaza.
B. Section 3.2.1(E)(4)(a) — Parking Lot Perimeter Landscaping
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Ice Energy - Addition of a Permitted Use, # 20-10
September 16, 2010 P & Z Hearing
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4. Context of the Surrounding Area:
The building has been vacant since the opening of the new Toys R Us at Front Range
Village in 2008. Other recent turnovers include Shopko/J.C. Penny and Western
Auto/Brakes Plus. In 2005, First Community Bank Plaza was constructed to the north.
This project consists of a four-story office building containing 46,500 square feet with drive -
through facilities for the bank.
In general, the area is characterized as a highway -oriented commercial strip. Most the
retail buildings precede the adoption of the City's "big box" standards in 1995 (for buildings
exceeding 25,000 square feet). While the predominant orientation is toward College
Avenue, Mitchell Drive acts as a secondary street and J.F.K. Parkway acts as a re -
circulator street. The immediate vicinity is dominated by J.C. Penneys at xx, xxx square
feet. As with other areas along South College Avenue, the City's access control,
landscaping standards and sign code have become the only unifying elements that bring a
measure of cohesion to the overall commercial character.
5. Mid -Town Commercial Corridor Study:
The site is located within the Mid -Town Commercial Corridor; a three-mile segment of
South College Avenue between Prospect and Harmony Roads. The study states:
"Midtown, the South College Avenue commercial corridor running from Prospect
Road to Harmony Road, has been in decline as a prominent regional destination for
retail uses. Increased regional competition, aging and outmoded space, and the
impact of the national recession have contributed to nearly 700,000 square feet of
vacant space."
According to the study, 83% of the total vacant retail space citywide is located within the
Midtown Commercial Corridor. In terms of overall economic outlook, the study states:
"Projections for retail demand in Midtown over the next twenty years indicate an
opportunity to capture retail space roughly equivalent to, or slightly less than, the
existing vacant inventory."
Since the study predicts that not all the vacant retail space may fill with retail stores, the
potential for mixed -use re -development provides opportunities that will complement the
Mason Street Corridor. New mixed -use development is seen as an advantage for the
Midtown area. The plan recognizes this potential and states:
"Repositioning and repurposing outmoded retail space, adding thousands of new
residents, and bringing in associated and contributing uses can transform Midtown
into a thriving mixed -use district that benefits the entire city. Utilizing an abundance
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Ice Energy - Addition of a Permitted Use, # 20-10
September 16, 2010 P & Z Hearing
Page 2
COMMENTS:
1. Background:
The surrounding zoning and land uses are as follows:
N: C; Bank and Retail
S: C; Retail
E: E; Office and Vacant
W: C; Vehicle Minor Repair
2. Zoning History:
The property was originally subdivided in Larimer County as part of the Observatory
Heights Subdivision in 1925. The parcel was annexed in 1979 as part of the South
College Properties Annexation. The site was included in the South College Super Block 5
and 6 Plan approved in 1982. Toys R Us P.U.D. and Replat for two parcels divided by the
extension of Mitchell Drive and containing a total of 8.25 acres was approved in 1991.
Toys R Us, on the easterly 4.18 acres, moved out in 2008 and the building has been
vacant since.
3. Description of the Proposed Addition of a Permitted Use:
Article Five of the Land Use Codes defines Light Industrial as follows:
Light industrial shall mean uses engaged in the manufacture, predominantly from
previously prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales or distribution
of such products. Further, light industrial shall mean uses such as the manufacture
of,electronic instruments, preparation of food products, pharmaceutical
manufacturing, research and scientific laboratories or the like. Light industrial shall
not include uses such as mining and extracting industries, petrochemical industries,
rubber refining, primary metal or related industries.
In this particular case, the proposed use is the manufacture of cooling equipment from
previously prepared materials, and research and scientific laboratory. The use is proposed
to occupy 26,500 square feet. This scale of manufacturing is not for mass production; any
such activity will occur in other locations. The number of employees associated with this
use is estimated to be 25.
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PLANNING & ZONING BOARD
PROJECT: Ice Energy - Addition of a Permitted Use, Referral of a Minor
Amendment to the Toys R Us P.U.D., #20-10
APPLICANT: Ice Energy
c/o Land Images, Inc.
1136 East Stuart Street
Fort Collins, CO 80525
OWNER: Toys "R" Us — Delaware, Inc.
One Geoffrey Way
Wayne, NJ 07470
PROJECT DESCRIPTION:
This is a request to add Light Industrial as a permitted use on a specific site, and a
Referral of a Minor Amendment to the Toys R Us P.U.D. located at 120 Bockman Drive.
The request consists of converting an existing 45,500 square foot, vacant, retail building
into an office and light industrial facility. As proposed, there would be 19,000 square feet
converted to office and 26,500 square feet converted to Light Industrial. A new, 630
square foot entry feature and outdoor plaza would be added to the west facade and the
parking lot would be reconfigured to delete parking and add the plaza. The site is 4.18
acres and zoned C, Commercial.
RECOMMENDATION: Approval of the Addition of Permitted Use and the Minor
Amendment to the Toys R Us P.U.D.
EXECUTIVE SUMMARY:
The request has been reviewed in conjunction with the Mid -Town Commercial Corridor
Study and the criteria of Sections 1.3.4 and 3.5.1, which address compatibility within the
zone district and the surrounding area. A neighborhood meeting was held and a summary
is attached. The Minor Amendment to the existing P.U.D. complies with the applicable
criteria of General Development Standards and the Commercial Zone District Standards.
Current Planning 281 N College Av PO Box 580 Fort Collins, CO 80522-0580
fcgov.com/currentplanning 970.221.6750