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INVERNESS INNOVATION PARK FIRST FILING (ROCKY MOUNTAIN INNOVATION INITIATIVE) - PDP - 30-09A - DECISION - MINUTES/NOTES
%� /"1 � � ll ✓Ji", � ,✓ . �iE?�,c �� c - O e To„�x S�', � o o � Name Address Phone Email /,e"O fti�P�4� OVA 7A44YWA- 4ec ©T�I�or! -VA9 �kL o L22o S,- c® e Fjloco OV- 4l Mtot- �O i (E�cawc_c&;R -g Kit ^ �QM �lNeGfo n D 123 11i • �OGl�SLE � j 2! Z- cfa v► t� r r r�F zocll rNGN �Goivt Rocky Mountain Innovation Initiative at Inverness Innovation Park, First riling, PDP Administrative Hearing Findings, Conclusions, and Decision October 5, 2009 Page 8 of 8 DECISION The Rocky Mountain Innovation Initiative at Inverness Innovation Park, First Filing, Project Development Plan, # 30-09A, is hereby approved by the Hearing Officer without condition. Dated this 6th day of October, 2009, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Steven J. Dush, AICP Community Development & Neighborhood Services Director Rocky Mountain Innovation Initiative at Inverness Innovation Park, First riling, PDP Administrative Hearing Findings, Conclusions, and Decision October 5, 2009 Page 7 of 8 conditions would be improved with the proposed development in that the noxious plants would be removed and through the addition of landscaping the wildlife corridor would be enhanced. Additionally, the location of the building, closer to the ditch as opposed to the parking lot assists in minimizing human activity within and adjacent to the wildlife corridor. Incidentally, this complements the request for the waiver to the building setback in this particular case. Furthermore, the location of the lighting has been designed to minimize potential impacts to the wildlife corridor. SUMMARY OF CONCLUSIONS In evaluating the request for RMI2, Phase One, P.D.P., Staff makes, and the Hearing Officer concurs with the following findings of fact: A. The P.D.P. is located within the North College Corridor Plan, as amended in 2007, and complies with the vision of the plan. B. The P.D.P. complies with the applicable General Development Standards with one exception. C. A Modification of Standard is required for Section 3.5.3(B)(2) to allow Building One to be setback a distance (82 to 93 feet) that exceeds the build -to line (15 feet) along Vine Drive. D. This Modification complies with the criteria of Section 2.8.2(H) in that: (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 for which a modification is requested. (3.) This is because the plan is significantly upgraded with site plan elements that exceed the standards of the Land Use Code. These elements include an outdoor gathering place between the two buildings, a covered bike pavilion for 40 bikes, a solar roof over a portion of the parking lot, a screen wall along Vine Drive to hide the parked cars and a ten -foot wide walkway connecting Building One to the public sidewalk along Vine Drive. E. A neighborhood meeting was held in November of 2008 and there was no opposition to the project. Rocky Mountain Innovation Initiative at Inverness Innovation Park, First riling, PDP Administrative Hearing Findings, Conclusions, and Decision October 5, 2009 Page 6 of 8 incoherent mix of outdoor storage yards, enclosed mini -storage and non-descript buildings.in various stages of decline with gravel parking lots. In essence, this project represents a brownfield redevelopment of a fringe industrial area. Further, Staff finds that there is no urban contextual pattern of building orientation along the Vine Drive streetscape. The site plan demonstrates significant upgrades that would otherwise not be provided as mitigation for not meeting the build -to line. E. Staff Recommendation: Staff finds that original intent of the standard, to establish an urban character in new developments with street -facing buildings, does not become as critical a design element in the redevelopment of an old industrial district. Staff, therefore finds that: ■ The granting of the Modification would not be detrimental to the public good. ■ 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 for which a modification is requested. ■ The plan is significantly upgraded with site plan elements that exceed the standards of the Land Use Code. These elements include an outdoor gathering place between the two buildings, a covered bike pavilion for 40 bikes, a solar roof over a portion of the parking lot, a screen wall along Vine Drive to hide the parked cars and a ten -foot wide walkway connecting Building One to the public sidewalk along Vine Drive. 6. Neiehborhood Meeting A neighborhood meeting was held on November 6, 2008. Five citizens attended. Due to the existing commercial and industrial character of the area, there are no neighborhood compatibility issues associated with the P.D.P. 7. Public Hearing Comments The Hearing Officer requested the applicant and staff to address the request for modification to the building setback and was provided an explanation augmenting the staff report findings, Specifically, the design of the design wall and solar arrays are designed to bring the building presence closer to the street to meet the intent of the build to line and also the ability to showcase the sustainability components of the building, which will use the power generated from the solar arrays complement the City's sustainability efforts. The Hearing Officer also requested staff to explain the buffer to the ditch located on the northern end of the site. The City's Environmental Planner indicated that the existing Rocky Mountain Innovation Initiative at Inverness Innovation Park, First Filing, PDP Administrative Hearing Findings, Conclusions, and Decision October 5, 2009 Page 5 of 8 Buildings shall be located no more than fifteen (15) feet from the right-of-way of an adjoining street if the street is smaller than a full arterial or has on -street parking. B. Description of Modification: Building One is setback from Vine Drive by 82 feet on the west and 93 feet on the east due to the curvature of the road. Building Two complies with the standard. C. Applicant's Justification: The applicant has provided a written request with two illustrations. One depicts a plan that complies with the standard and the other a plan that demonstrates the Modification. The applicant contends that the plan with the Modification is equal to or better than a plan that complies with the standard for the following reasons: (L) With the Modification, a plaza, and bike pavilion are located next to the Lake Canal natural area. This relationship creates a desirable ambiance for employees, visitors and public gatherings that would otherwise not be possible. (2.) With the Modification, the parking lot is located south of the building allowing a solar roof to be placed over the parking lot. If the parking lot were on the north side of the building, as required in compliance with the standard, a solar roof over the parking lot would not be feasible. (3.) With the Modification, the building is placed as far away from the railroad tracks, and its attendant noise, as possible. This provides the maximum separation from noise intrusion that is important for the type of activities associated with research and development and laboratories. (4.) The parking row along Vine Drive is screened by an architectural screen wall. D. Staff Evaluation The site planning for RMI2 makes a fundamental decision to place Building One as close to the natural amenity afforded by the Lake Canal as possible versus Vine Drive. The Vine Drive corridor, in this location, retains an industrial flair with the railroad tracks, high -voltage overhead transmission line, natural gas pressure regulator station and an Rocky Mountain Innovation Initiative at Inverness Innovation Park, First Filing, PDP Administrative Hearing Findings, Conclusions, and Decision October 5, 2009 Page 4 of 8 Standards and Guidelines for North College Avenue Corridor: The North College Corridor Plan (Amended) was adopted in March of 2007 and builds upon the original plan of 1994. Critical components of the plan are outlined in the staff report and incorporated herein. With specific regard to compliance with the Plan's standards and guidelines, there are no new standards that have been added to the Land Use Code. The Plan, however, emphasizes the need to upgrade building design so that a distinct, positive overall character is achieved that will improve public perception of the corridor. The P.D.P. fulfills the vision of the North College Corridor Plan. The site is one parcel east of Jerome Street which is envisioned to act as a circulator roadway. The economic activity will complement Downtown. The three-story buildings are specifically designed for this site and will contribute to enhancing the character and image of the corridor. Compliance with Applicable Standards of the C-C-N Zone District: All of the proposed land uses: office; personal and business services; research laboratories; light industrial and retail are permitted uses within the C-C-N district subject to Administrative Review. The two three-story buildings are below the five -story maximum. Compliance with Applicable General Development Standards: The application has been reviewed and testimony offered during the public meeting that demonstrates the proposal is in full compliance with the General Development Standards with the exception of the modification outlined below. Request for Modification to Section 3.5.3(B)(2): A. The standard at issue: (B) Relationship of Buildings to Streets, Walkways and Parking. (2) Orientation to Build -to Lines for Streetfront Buildings. 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. Accordingly, at least thirty (30) percent of the total length of the building along the street shall be extended to the build -to line area. Rocky Mountain Innovation Initiative at Inverness Innovation Park, First Filing, PDP Administrative Hearing Findings, Conclusions, and Decision October 5, 2009 Page 3 of 8 The following is a list of those who attended the meeting: From the City: Ted Shepard, Chief Planner From the Applicant: Mike Bello, Urban Development Partners, LLC Olexa Tkachenko, 406 Walnut Street, Ste. A, Fort Collins Bob Growing, 301 Starboard Court, Fort Collins Dan Tweeton, Mesa Verde LLC, 123 N. College Avenue, Ste. 200, Fort Collins From the Public: None Written Comments: One letter in Support dated September 23, 2009 from Gary Krantz. FACTS AND FINDINGS STAFF COMMENTS Background: The surrounding zoning and land uses are as follows: N: C-C-N; Old Town North P.U.D. S: C-C-R; Vacant and Miscellaneous Structures S: P-O-L; Gustav Swanson Natural Area E: C-C-N; Existing industrial buildings W: C-C-N; Inverness Stock Farm -vacant house and property Both the sides of East Vine Drive were included in the East Vine 5th Annexation which contained a total of 202 acres and annexed in 1978. The site is the former location of Waste Management which used the site for a modular dispatching office and truck yard. With the removal of Waste Management modular and yard, the parcel is currently vacant. Rocky Mountain Innovation Initiative at Inverness Innovation Park, First Filing, PDP Administrative Hearing Findings, Conclusions, and Decision October 5, 2009 Page 2 of 8 would be three stories in height. The proposed land uses include office, personal and business services, research laboratories, light industrial and retail as an ancillary use SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: CCN — Community Commercial North College District. STAFF RECOMMENDATION: Staff recommends approval of the Modification of Standard to Section 3.5.3(13)(2). Staff also recommends approval of the Rocky Mountain Innovation Initiative at Inverness Innovation Park, First Filing, P.D.P., #30-09A. 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 October 5, 2006 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. Rocky Mountain Innovation Initiative at Inverness Innovation Park, First Filing, PDP Administrative Hearing Findings, Conclusions, and Decision October 5, 2009 Page 1 of 8 CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT NAME: CASE NUMBER: APPLICANT: OWNER: HEARING OFFICER: PROJECT DESCRIPTION: October 5, 2009 Rocky Mountain Innovation Initiative at Inverness Innovation Park, First Filing, Project Development Plan #30-09A Rocky Mountain Innovation Initiative and Urban Development Partners, LLC c/o Mike Bello 1220 South College Avenue Fort Collins, Co 80524 Rocky Mountain Innovation Initiative and Urban Development Partners, LLC c/o Mike Bello 1220 South College Avenue Fort Collins, Co 80524 Steven J. Dush, AICP Community Development & Neighborhood Services Director This is a request for a Project Development Plan on 2.22 acres located on the north side of the 300 to 500 blocks of East Vine Drive. The site is between Jerome Street to the west and Redwood Street to the east. Two buildings are proposed. Building One would be 30,819 square feet and Building Two would be 21,000 square feet. Both buildings City of F6rt Collins October 6, 2009 Planning, Development & Transportation Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com Attendee of the Rocky Mountain Innovation Initiative at Inverness Innovation Park, First Filing, Project Development Project, # 30-09A, Public Hearing, Please find attached to this letter a copy of the Type I Administrative Hearing Findings, Conclusions and Decision for the Rocky Mountain Innovation Initiative at Inverness Innovation Park, First Filing, Project Development Plan, # 30-09A. Pursuant to Section 2.2.7(D) of the Fort Collins Land Use Code, this Decision has been mailed to the applicant and any person who provided testimony at the public hearing. This final decision of the Administrative Hearing Officer may be appealed to the City Council, in accordance with Chapter 2, Article II, Division 3 of the City Code, within 14 calendar days of the date of final action by the Hearing Officer. The deadline to file an appeal is 5:00 p.m. on October 20, 2009. Guidelines explaining the appeal process, including the Code provisions previously referenced, can be found online at fcgov.com/cityclerk/appeals.php, or may be obtained in the City Clerk's Office at 300 LaPorte Avenue. If you have any questions about the attached Decision or the appeal process, please contact me at 221-6765. Sincerely, J. Dush, AICP r of Community Development & Neighborhood Services