Loading...
HomeMy WebLinkAboutTROUTMAN OFFICE PARK PUD - PRELIMINARY & FINAL - 21-89G - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 4 MEETING DATE 10128196 STAFF Mitch Haas City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Troutman Office Park P.U.D., Preliminary and Final #21-89G APPLICANT: Parsons & Associates. Inc. 432 Link Lane Plaza Fort Collins, CO 80524 OWNER: Shirley A. VanderWall, Arapahoe Advisors Inc. Walter Robert Associates, Inc. 145 West Swallow Road, #9 Fort Collins, CO 80525 PROJECT DESCRIPTION: This is a request for Preliminary and Final PUD approval to construct a 22,560 square foot, three-story office building on 0.8165 acres located on the northwest corner of Troutman Parkway and JFK Parkway. The building would contain approximately 18,000 square feet of leasable floor area and would be accessed by two existing curb cuts which currently serve loading and service areas of the Market Place shopping center. Parking is proposed behind the building, on the northwest side of the site. The property is zoned rmp, Medium - Density Planned Residential with a PUD condition attached. RECOMMENDATION EXECUTIVE SUMMARY: Approval with a condition. This request for Preliminary and Final P.U.D. approval for the Troutman Office Park: ► earns 60% of the maximum applicable points on the Business Service Uses Point Chart, exceeding the minimum required 50%; ► meets all applicable All Development Criteria of the Land Development Guidance System; ► is consistent with the Interim Design Standards and Guidelines for All Commercial Development; and, ► has been found to be acceptable from a traffic operations perspective, and promotes City transportation policies and goals. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT Troutman Office Park PUD - Preliminary and Final, #21-89G September 23, 1996 P&Z Meeting Page 2 COMMENTS: Background: The surrounding zoning and land uses are as follows: N: rmp & hb; Market Place shopping center and U.S. Post Office S: rp & hb; Pedersen Used Car Dealership E: rmp & rp; Vacant and U.S. Post Office facilities W: hb; Market Place Shopping Center This parcel of land was designated as Outlot "H" on the Market Place, Phase One, Final PUD. On that Final PUD plan, Outlot "H" was shown containing a 6000 square foot building footprint with "layout subject to change with final development plan submittal for Outlot `H'." It was also noted on that plan that "materials for Outlot H building and trash enclosure are to be compatible with those of the main center buildings." The Market Place PUD, Phase One, Final was approved by the Planning and Zoning Board on June 26, 1989. 2. Land Use: This is a request for Preliminary and Final PUD approval to construct a 22,560 square foot, three-story office building on 0.8165 acres located on the northwest corner of Troutman Parkway and JFK Parkway. All Development Criteria: The request has been reviewed by the applicable criteria of the All Development chart of the L.D.G.S. (See attached). These criteria are satisfied. Business Service Uses Point Chart: The project was also evaluated under Point Chart E, Business Service Uses, which includes "offices" as a defined use. The project achieves a point total of 30, or 60%. This exceeds the minimum required score of 50%. Maximum credit is earned for being located outside of the "South College Avenue Corridor," being part of a center, sharing parking and access, and having contiguity to existing urban development. Therefore, the proposed Troutman Office Park PUD satisfies both the site -specific and the locational criteria of the Land Development Guidance System (LDGS). Staff finds the requested land use to be appropriate and efficient. • Troutman Office Park PUD - Preliminary and Final, #21-89G September 23, 1996 P&Z Meeting Page 3 3. Neighborhood Compatibility: Staff feels that the proposed land use is appropriate for the site due to its location and the adjacent uses. A neighborhood meeting regarding this proposal was not held; given the lack of significant neighborhood impacts, staff did not feel such a meeting was warranted. A "Development Proposal Under Review" sign has been posted on the subject property since roughly July 22, 1996 (approximately nine weeks); no objections to this development have been raised. In fact, the Planning Department has not received a single letter regarding this proposal. The proposed site plan contains a note which states that the "materials of the building and trash enclosure are to be compatible with those of the main center (The Market Place) buildings. Blue accent color on buildings of the Market Place center are to be carried over to site amenities such as light fixtures, bike racks, benches, trash containers, tubular steel, and miscellaneous exposed metal surfaces." The office building incorporates many of the design elements used in the Market Place development with some added features to set it apart as an office rather than a retail space. Staff finds the proposed land use and its design to be both appropriate and compatible with the surrounding uses. 4. Design: All the pad sites along Troutman Parkway (in The Market Place) are oriented such that the building is between the public street and its parking (i.e., parking is not located along the street frontage). Further, there are already loading/service areas between the site of this proposal and The Market Place; thus, the parking area is used to buffer the proposed office building from these service/loading operations while placement of the building along the intersection acts to screen both the proposed parking and the existing service areas from the public ways (streets and sidewalks). In addition, the proposed layout provides a safe, efficient, and attractive pedestrian circulation system. Interim Design Standards and Guidelines for All Commercial Development: The proposed Troutman Office Park meets both the intent and letter of every applicable design standard and guideline contained in the Interim Design Standards and Guidelines for All Commercial Development. Specifically, access to the development, as proposed, would serve the needs of the pedestrian and the bicyclist as well as the motorist because, in the planning and design of the development, the emphasis of the site plan was shared among the following: (1) pedestrian access to the site and buildings; (2) gathering areas for people; and, (3) auto access and parking lots. The emphasis of the proposed site plan is not placed solely on parking and auto -related functions. Troutman Office Park PUD - Preliminary and Final, #21-89G September 23, 1996 P&Z Meeting Page 4 Architecture: The proposed building is a three-story structure with a street -front orientation, providing interest to the intersection of the JFK and Troutman Parkways. The lower two levels of the building will be of split -face concrete block with an integral brownish/earth tone color. The sliding windows will be set below lintels, and landscape berms will abut the building at the lower side of the first story windows. The third story will be differentiated from the lower levels through the use of a ribbed concrete block band (with a slightly darker integral color) around the building; also, the upper story will be of a different color and material (ground - face concrete block) than the lower stories. The middle section of the building, the part facing the intersection of JFK Parkway and Troutman Parkway, will have a gabled, standing seam metal roof and storefront windows. This section will contain a reception area as well as elevators, stair wells and other common space; there will be no office space in the mid -section of the building. In front of this section of the building (outside), there will be a plaza area for employees of the building. An effort has been made to accentuate the ground level of the structure. That is, multi- story buildings, in general, should have a "bottom" and a "top," rather than a uniform exterior, visually expressing the fact that ground floor functions are different from upper - floor functions. Such differentiation should be provided even in single use buildings in order to add interest for people walking and add flexibility in future use. This differentiation is a key aspect of relating new buildings to the community context. Staff feels that the proposed architecture has successfully accomplished these goals. Landscaping: The landscape plan highlights the street -front orientation through the use of berms and street trees. These elements are combined to provide a formal streetscape effect along the public streets while beautifying the public property and creating a distinct project identity. The placement of the detention pond and tree plantings provide significant open space and buffering between the building, its plaza, and the intersection. There are generous foundation plantings proposed for around the building's entire perimeter; these plantings will help to bring a pedestrian scale to the building. The parking lot features landscaped islands and substantial perimeter plantings on all sides. Overall, the landscape plan provides for plantings to create internal improvements and external visual interest from the public streets and sidewalks. Parking: As required by All Development Criteria A-2.4, Vehicular Circulation and Parking, the on - site parking lot has been designed to provide at least two parking spaces for every three employees. The building will contain 18,000 square feet of gross leasable floor area, and the on -site parking lot will contain 46 spaces. The 46 on -site spaces provide 2.6 spaces Troutman Office Park PUD - Preliminary and Final, #21-89G September 23, 1996 P&Z Meeting Page 5 per 1000 square feet of gross leasable floor area. Further, to ensure that the gross leasable floor area of the building remains at or below 18,000 square feet, the site plan contains a note showing the middle section of the building as "common area: not to include office space as per parking requirements." The City's recommended parking ratios, as stipulated in "Off Street Parking Supply: Peak Demands, Prevailing Standards and Recommended Guidelines for Commercial and Industrial Uses," for general office uses call for a range of 2.8 to 3.5 spaces per 1000 square feet of gross leasable floor area. It should be noted that these are suggested parking ratios, and the only requirements, per se, are for the provision of two spaces for every three employees. In addition to the proposed on -site parking, there are also two (2) adjacent, existing parking areas that can be used to serve overflow needs. These two parking areas contain eight (8) spaces and thirteen (13) spaces, respectively, and are on the property owned by the Francis Carrington Company, owners of the Market Place shopping center. There is a public access easement on the land containing these parking areas; therefore, while the representatives of the Carrington Company do not agree, it is the City's interpretation that the subject parking spaces can rightfully be used by anybody. Thus, with the inclusion of these existing, adjacent parking areas, the resulting parking ratios are as follows: a) the 46 on -site spaces provide 2.6 parking spaces per 1000 square feet of gross leasable floor area; b) with the eight overflow spaces to the north, there are 3.0 parking spaces per 1000 square feet of gross leasable floor area; and, c) with the 13 overflow spaces to the west (in addition to the other 8 overflow spaces), there are 3.72 parking spaces per 1000 square feet of gross leasable floor area. Staff finds that the requirements of All Development Criteria A-2.4, Vehicular Circulation and Parking, have been met, and the management of parking needs has been handled both adequately and acceptably. 5. Transportation: The traffic impacts associated with this proposal were analyzed in the Traffic Impact Analysis, dated July 22, 1996, and found to be acceptable. The Traffic Impact Analysis "concluded that the proposed Troutman Office Building can be accommodated at this location from a traffic operations perspective." The analysis went on to state that "based upon the forecasted long range traffic, the accesses are far enough back from the JFK/Troutman intersection so that left -turn conflicts should not occur" (Delich, 7/22/96). The points of auto access serving the site will be from the existing service drive for the Market Place, which will require no new curb cuts along JFK Parkway or Troutman Parkway. These existing curb cuts will provide convenient and direct access from surrounding commercial and residential areas. The site is one block east of existing, and frequent public transit routes on South College Avenue. Planning for the office building has taken into account the surrounding projects and pedestrian connections to them will Troutman Office Park PUD - Preliminary and Final, #21-89G September 23, 1996 P&Z Meeting Page 6 be maintained and, in some cases, enhanced. In total, the proposal is found to be acceptable from a traffic operations perspective, and it promotes City transportation policies and goals. FINDINGS OF FACT/CONCLUSIONS: A. The proposed Troutman Office Park PUD, Preliminary and Final #21-89G earns 60% of the maximum applicable points on the Business Service Uses Point Chart, exceeding the minimum required 50%; B. The Preliminary and Final PUD meets all applicable All Development Criteria of the Land Development Guidance System; C. It is fully consistent with the Interim Design Standards and Guidelines for All Commercial Development; and, D. The proposal has been found to be acceptable from a traffic operations perspective while promoting City transportation policies and goals. RECOMMENDATION: Staff recommends approval of the Troutman Office Park PUD, Preliminary and Final, #21- 89G with the following condition: 1. The Planning and Zoning Board approves this planned unit development final plan upon the condition that the development agreement, final utility plans, and final P.U.D. plans for the planned unit development be negotiated between the developer and City staff and executed by the developer prior to the second monthly meeting (December 16, 1996) of the Planning and Zoning Board following the meeting at which this planned unit development final plan was conditionally approved; or, if not so executed, that the developer or the City staff, at said subsequent monthly meeting, apply to the Board for an extension of time. The Board shall not grant any such extension of time unless it shall first find that there exists with respect to said planned unit development final plan certain specific unique and extraordinary circumstances which require the granting of the extension in order to prevent exceptional and unique hardship upon the owner or developer of such property and provided that such extension can be granted without substantial detriment to the public good. Troutman Office Park PUD - Preliminary and Final, #21-89G September 23, 1996 P&Z Meeting Page 7 If the staff and the developer disagree over the provisions to be included in the development agreement, the developer may present such dispute to the Board for resolution. The Board may table any such decision, until both the staff and the developer have had reasonable time to present sufficient information to the Board to enable it to make its decision. (If the Board elects to table the decision, it shall also, as necessary, extend the term of this condition until the date such decision is made.) If this condition is not met within the time established herein (or as extended, as applicable), then the final approval of this planned unit development shall become null and void and of no effect. The date of final approval for this planned unit development shall be deemed to be the date that the condition is met, for purposes of determining the vesting of rights. For purposes of calculating the running of time for the filing of an appeal pursuant to Chapter 2, Article II, Division 3, of the City Code, the "final decision" of the Board shall be deemed to have been made at the time of this conditional approval; however, in the event that a dispute is presented to the Board for resolution regarding provisions to be included in the development agreement, the running of time for the filing of an appeal of such "final decision" shall be counted from the date of the Board's decision resolving such dispute. WE sl i nw-m: 'i !i lgJ b 0 0 e e United States Post Office �O 1 Market Place Shopping Center Troutman parkN►ay a QJ 0i l� �0 y0� Peterson Toyota Proposed Harmony Towne Center PUD Pavilion L n VICINITY MAP #21-89G Troutman Office Park PU D Preliminary & Final 08/02/96 N 1"=300' GENERAL NOTES: u.L errro ale= rO cvsLi u,N nE un sr,`] CEDE e. BUL �u� �,o�� ram caLw u�E ePKRIc vaaaree ro �wae®. coL KO,Pavt ro � �' IL�LW�K PWN>Es ONLY. S bNLBYG �BWNf [WELL NDi ExCEED RRmY (.0'Ir£Er. ut iw rwE ceSYNaTED rol1lLDetl ENv64F. b. ErMTe1G 1W W RYPlr91 r0 eE BICLO:ED N0. MrFD. EnUL rOOrPJJH gEyayJE SuuL a[CCet,ODaTE IEei0.eG EKlrtE6. owlL`eOOCone ro +E.B. Boo» ME TOM caau�i.»o»o rwr m P,nPosED rauow cram I' c�ar`�•Te�c wr'« r � 4�+wE n.0 c�»a.ne newm FVKe, DRar]art oR o,uee eanrwicr,Or] DOES No, eawuer urN ewLDna KeEe+eOLew 4 EwLD]r.> a ,]t PLacE e'ias ai nEn,E�L` oLzarE� ru»rewee 4 LaoscaPe cenEn TOM c.�+D. Be nes Hari c`arrt»Ise,m Nr�eAiL L— STEEL aro re urrt'D rre*x x.R-arFs. . SEE uilLlrt 0.aN5 BY PaRGP6 , aSSaa. fd1 DESKf] 4 ELL E1lB6ol.� JW�K a10 D.EePN. a,0 pEllfN PpaR T CONlrR]anPl ELL PMIECIED ,TEES lunLL wrf R. rrKn'1 PRlrEarKN>AREER NSYMS EIKrED uNlau. U a a1E lllYtTrm BY r x f DA lMEeR lnepX lrGvc rp¢ >. Ca'.KN CP81 JPaaE MEb d,p LYaJ>CaP.G e]r,ar] ,tE buEtDNS PRDIEarED, 4=.!1 NO CLOP TNp & �e',Faa+ a�,rTee]»-4-IW.Y ..c TO BE naee.klED B. rNE ne.R -N.Ls nbleP L.E u«uE.ER ro �nEQ a, c« onlR wETacrre<rE sBlr. n,ar ro w, Wn,e� PmrEeiwN zarE ,NERE,.uLL BE w DEeW! : " r.� crc. 4 Tom caLlNs. Ew ercwaee 4 Ecurne,*. r+<*Ewus. wL Da cur u+LEx.�PnrorED B. T. cm wrEsrEJx uL PO,DDIaa! 4 n! ExrEe.x euLu 4 ,�e FIRsr sr4n uLL Loureo u.rNN Bo 4 .n accEsa enaoua. a a.xcw ama r� caarwe*Iw s* Ea,lns+r caN eE rway.E.Eo ae r.e wkoeG a aEanela 4 narEA]K oN ae nE >raleroE o u eE Plea oEDie rN aN aPPw�.m nurceure =sP TT Rr T >,ew as Parris.ow °sa IED�rr Lre+r� rD. P..e;eB aim aw wnLNs M � 4° ,: >ur,rol L.E 4 aB. Lv ea DED L wroc�le LIW.rSE; N LL eE D1.,- �® /'' w -o]E PxruEs JEr HD I,ale.waN TO EXISTING MARKETPLACE SWOPPING CENTER oUTMN APARKWAY ._- PROPOSED iFFICE BUIL 1pN pE.w .ate„ LEGAL DESCRIPTION • newer 4 Law LOCArEo n ]]6>DmRear tuale]a 4 PR Crr* 4, iRN�ro,F,.+Je'kl e4CE N lEer, 4 ,1! kn] couero. L.w>9e eawrr, ecaaeaDo. s� dp vICNTTY MAP ©seal. e,kmm SITE DATA e>aaela:oa,: w.-,•®.nose,+n.»®�koeni,a rexea]E.4LOTrawna nn».]E.4La],.celu Knee dlOn! ARA � 00 Ft. Bi 0.ade Ra,IO MART N n. i�K .� ame> LaasaeLE m n. so RooR asks w n. L ' 6AB0 6¢ n. 3A RC[R BYLDnk Kldl]• .> �. n.,L . J eiaRE> e„ a�.. sa � » 4LLOLML! Y>Ek gPKEa PANcu,G . oRrEk MJW Ba. P Jk S LrSOerlPeG. 11l]. N n. W P F� ��® Pale:eYa RarW ��ue KESM» l V. Nato. r .�ekePa¢! ]J JS Ma4SYWe L!F CO]laCf�KE6 OT P ePACEk ak k Ma, O]AeE PLANING a ZONMG CERTFICATE am]eD.®l.BE aneun ro Jarac eoro 4 ,]! eR. 4 wm mLLw. eOLaRaoo VAA, 1 +, A\ V A sEacrrrt 4 nc PLrrxa arp :owG mxo \ ':\\ •\\ '''. \ OorjrbWF] CERTFICATION � 1� . • 'Isrxr \��• va]e.w+ �P �.�T a ae—o>E s4irE�aar4i m�ccae,w�iED` HE w : \�•\•; k• N''�'.cmioen�re..„,st�,NE OE.ELaP>sa4alo PJnPEm. as auolw WA0, 0 9 IPREUMINARY/FINAL SITE PLAN \ PARSONS A ASSOCIATES, INC. CONSULTING ENGINEERS a ,92 PI. Fa. cku;B-, W ckloe.ao aosz> '\ (m) MI-240 waETTU DATE- .NLT 22. I9 � REVISIONS= SekIE �ttL011ix5 BCD e0>]3 r�9]o) f]Ji,e]0 , 9 A % 9-IO-96 3 ]D-9-96 II-��1—II^II kLPD= 632WI.0 J2501.DWG SNCCi, D D w DATC• 10 O SCALE-E- 1' � 20'-0' NORTH DRAWN CY:Y= RES RCS OF GI AwiTl— MATCCIAI G C.•/••U=Mlll F HRK OTl-. CdT'ION NAHE BOTANIC% NMtE RANTRYa SIZE HANRE 51ZE DECiWDn SN•pE N:eS eN.oENAs.En aaE.loau+ ELewrr• tauDralloa n9e» xDewrer r.... - B . r gal. rot >aa>e rmr« rwva •au NtlxniS lrlBtlLaiA •wv« An°LE' r cx. - s . e •r-w 3Q DEaaeus oawranx taEEa SSc 6 alfrrf roe0.d6rK rnb N•LU3 •eawu Baal I-n'fJL-r.e » aAw{xl cage sP ea•oE ®E4.N¢ n•ur Tz+wair E'ERr D•LLeRrru eaeDfow i-w•cx-e Le �vrcAl.. e L e w » e' rm cnREanr nets • PP PNYOi aK aaua EDLLr B . e sn• B-r •Lr3 114R1BE rrE • ro RaNNSEae• Eae arw aDnie r4vm faDrRDa• e.e B l e ie-c >sn' DEDIP�O9S be{aY3 s gA a+r4E ofawo nae�D a.wAo weEs area+ Hann naoe• ate•, 4'a' v 4a' •RID •ce r aEDtaa—:M D+DfmEwer cdwnbfieraA caag•Drt3r> aw>•Inaac.vsA bn{L aea.. rr' -� .-s' rR1LY> ELI r Ries Afimea .0 r ElLrw crwE*.wail uaean NowroNia.e +Erer AEa�us xorarwneL uLTcw• >ra_ a� ss 3> ePPKT RITme.Lw'ER >fer6ar wabls lnTmeau cara:r• >oAl. 0.0�ERS�CLDa�efA>KS OR60.D aBl C/aLR NirI®5 16M.. I.3' e•fi •T!f �6Av91A wSas BLEID:ei•LL iESDR >OD 6 NDL LE>6 iuM .rLaMOiR6.W rsBEr.•nee iN¢EE EFioYED fESPR vNtB*E> 3.3'21 TRouTMAN r WATER CONSUMPTION SUMMARY Bs a LANDSCAPE AREA IItF YEM DECDxvs 9vDa LOY Wrq Een aF. E.eraEE« swaes e.we eEDa wr* wren a �. oEcouaa oaaaEarx rraEs nooeua wtal nabu LDY wi6e >lar bf. caasaw>nfffs Na+-wabAteo xaoxrf >®Blwx ro R.u• 3u> SE. DEcnu]e SHa3E il�> i �. r�eS A. i A-- A—C_ f-i/1TCG \ Nra sire oeasnne . uan:eNrAL � s. fIEADNs . EmT.D DEco w nae oaAr.•rA;.. unar raaa>.•asHTs .sun a.L \ ai n �na>ER Ezl>ieD GOasEA7u9 iaEE 1 a£Poc•N e�L � ��LNAYM.�c �r�rORM I[RADE \ 5 SIYLL BE e•LLID aD RAMPED Oa ED1FL. '.\ " EMr3G IIEE t0 CE aBq.1� 9rn! orBe MOY 5u41 r£FE i.E MBt�r DnE DrtT O aDRI Cd1en TE—LaREar>iaDMDa \ •LL L4DY 1Wr.luRb BED YEAS 9,.... EE '\ rEYa{iED BT Yl YltauriC YBKIEa 9i5rBt v 3. •PFNareD T r.E CIn9�Wnr ALFPdRrtBrt IAOR r0 '\ I�WCC cf A BIPLONS EE1e-Xt \� .•.: ceersr..re'�orar�'icrie � r,noa io nE Ixuace a 4` \ CaEOR faDaau.OR FerFOalaaZMD 6 D!> 6�TEBvWf 1 WCPTLErED LtlOScaRYi uERc \ i1a:EE9 5rtli eE RAVr® 0.01ER ruYl .'.O iO dNY .\WDEYELOPED _ nBC Lce.�ror�Alo>ea r�r.a io air • ae afafre Lnv R eE eoal®a.rEo l9ancE tafa1r. LDUiKM6•LL ui6rtIE6 �,:afm N r.e �D nww io Rr�nn r«a5 \ rLaL eE Ram ao3Ea „uN •.a io arc w,Ea�snfa L5f \\ `. '\ A PrEE PER+rt nni BE DeiANED NfRt rIE On fOlE9r9e > �.ED Dv' EERp.0 �-6 uM IMED. rR3aD. Da . \\ = \ Df�EI�•farTMLE«D�>w.rt�aLaDx.wER.r� . ne Ran own er orNEa cwafranb 60 i rT ngIPDECD GamVr.. e.-T IT- ae rnwfa IDr DafS xo* rafcunE NaiauA.RN aD nu+rB+•r� a LroECApE EL.ea.i5 a rws Ra. a.L vuarwafo unrcr5 rwL BE Lac•im rRDa ro b LaExcarE ceeLOReNr. a1 ADJACB+r •IEeb MKrED Br cq.5rpicrlcN Su•LL > eE I85rP®T aElEFDer uru A a•ilvE SEED BLED. r. r-isD1f to CCWiPCrKTI eLl Fl6')RCrm 1r85 BULL WVE GR E a - 15aInRaM,df eeIOUEIRw SH M>rrpr 9tODt' ,FOIE SUET T. _ _ ��EiVlf 11�6i�E DaP LE1E,MUYDEr9v nGlEAiP3L NE iRIE, `-. � S� •E O EOiwRNr. l'UiHeK�S. D®IBS. RL. q1 plr�f6�rH4 gtRT4D Br ruE CIR NR85rER _••�••'••' II. Da.nnR CPCrrRE:iltau 9iKl OF DEwfLOAlBii, PIErBrt 0.EAVfD Nae3B, OR iK arORYt qE DIEro34 o reB.ie auw:s re.ns. Df.s. >oLyarts. ebrNar. cariaiE. rwwRMr•oa Or�6e turBOeL PaaaA rD iK LEE ff e cafe L3f 6 4n PaotEcim iaEE as wait a i1rf5. 1 1r1C1L OF-RCE PARK ,PRELIMINARY/FINAL LANDSCAPE PLAN PARSONS ! ASSOCGT6S. INC. CONSULTING ENGINEERS 92 Ilvk lace Plabg \ Ft. Calling. CDI-24 E0524 \�� REYISIONS� 9-I-% Pdl�m�w,JTE I o 11L—JI��—li DGAD• 6�15DIDWG SMCCT• 4ALE• E- :o a CRM ANK lD-lS-% Np 9 51- � 20'-O' NORTH BYE RES 0 / e- =R-- =`e< Ns - NORTHLUEET ELEVATION "0 THEA5T ELEVATION Iwo, WE- Via- NEM uAr iil ®II fill WEbT ELE�.�'iON I'll -AR NORTH ELEvATION I Inap —B GF hE Ml— TO BE --E TO —IT'.. ExMSED ­ ­tl TRAC)UTMAN OFFICE PARK PRELIMINARY/FINAL BUILDING ELEVATIONS PARSONS & Assocurrs, isc MVIEEM L 01.1 221—.00 Now Su6-- DAT! —_I L 14 Ern 50ALe: 1/8' 1 DA-E B, 1E, OF • (ZL EQ • DCL E IQCN TECTs QC. '48 WHALERS WAY • BLDG E, SUITE 200 • FORT COLLINS • COLORADO 80525 • (970) 223-1820 July 18, 1996 Revised September 3, 1996 Planning and Zoning Board City of Fort Collins 300 W. LaPorte Avenue Fort Collins, CO 80521 RE: Planning Objectives Troutman Office Park P.U.D. JFK Parkway and Troutman Parkway Fort Collins, Colorado Project No. 9632 Dear Planning and Zoning Board: The following planning objectives have been used in the site design of Troutman Office Park P.U.D.: 1. This project is in conformance with the applicable policies, goals, and objectives as defined by the City of Fort Collins and the original Market Place P.U.D. The project site is located at the southeast corner of JFK Parkway and Troutman Parkway. The land is presently vacant. The property is surrounded by the Market Place development to the north and west, the Pederson Toyota Building to the south and vacant land to the east. The site is totally within the existing Fort Collins city limits, and would be serviced from existing utility mains. The major points of access to the site will be from the existing service drive with curb cuts presently on JFK Parkway and Troutman Parkway, providing convenient direct access from surrounding commercial and residential areas. The site is adjacent to existing public transportation routes as well. Planning for the office building has taken into account the surrounding projects and pedestrian connections to them will be maintained. Building materials and colors are compatible with the Market Place development. The blue accent color used at the center will be carried over to site amenities such as light fixtures, bike racks, benches, trash containers, tubular steel and miscellaneous exposed metal surfaces. Landscaping and berming will be used at the base of the building as well as to highlight the entry. Masonry screen walls to match the Market Place will be used to screen parking and electrical transformer. 2. The office building will be owner -occupied. The owners will maintain all parking, landscaping and circulation areas on the site at all times. 11 3. It is estimated that approximately 50 persons would be served by this office building as employees or clients. 4, Assumptions and choices made by the applicant include: • Access: Vehicular access is from the existing service drive for the Market Place which will require no new curb cuts along JFK Parkway or Troutman Parkway. • Building orientation: The building is placed to the front of the lot to relate primarily to the streets. The sidewalk to the entry courtyard of the building, on the interior of the site, has direct linkage to the public sidewalk without crossing drives or parking. Parking: Parking has been placed behind the building to screen it from the street and also acts as a buffer between the building and the service areas at the Market Place. Parking rows have a landscaped island at each end and landscaped screening between them and the service drive. • Design: The office building incorporates many of the design elements used in the Market Place development with some added features to set it apart as an office rather than a retail space. Troutman Office Park will utilize concrete block masonry as the main material, will have a flat roof on most of the building, and a gable roof through the center highlighting the entry and the street facade. 5. The project has no areas of land use conflicts as the site is bounded on two sides by arterial streets and on two sides by the Market Place Shopping Center. The project requires no new curb cuts on either street for access. Parking will be screened by the building and with landscaping. 6. Energy Conservation: Major areas of storefront glass are oriented towards the south with wide overhangs, thereby minimizing as much as possible daytime solar heating loads on the buildings. In addition, all storefront glass and windows will be insulated. Walls will be constructed of concrete block, and will be insulated. Roofs will have R- 30 insulation. High efficiency lighting and heating, ventilating, and air conditioning units will be utilized. 7. Development Schedule: Construction is expected to begin immediately upon City approval, and take approximately 6 months to complete. Construction of any required public improvements will be accomplished concurrently with the construction process. Thank you for your consideration of the proposed Troutman Office Park. Sincerely, ALLER•LINGLE ARCHITECTS P.C. Rebecca E. Spears, AIA RES/mr TPDLrrMR 4Ce� D �/ �Z�1 a 1 rUI PRE NftQY t �-1 N/CL, * Activity A. ALL DEVELOPMENT CRITERIA � Z� _ 89C� ALL CRITERIA CRITERION I APPLIC.;BLE CRITERIA ONLY :lie G�enan vi/m tit! =ertonl ac�iicaele7 be satisriea? • 1 = s Yes INo r 1 • COMMUNITY -WIDE CRITE.RIJA 1.1 Sclar Orientation 1.2 Comorehensive Plan I I I d I ��� 1.3 Wildlife Habitat I 1.-d tilineral Depcsit I 1•� ==:=lccically Sensitive Areas {rZS2rv2d 1 •e: Lands Cf Agricultural lmDOriance I re�rzr-vea 1.7 Energy Conservation ✓I I 1.6 Air Qualitv ✓I ,/I I 1 .0 Water cuallty vV=ate` V I ✓; ✓I I 1 1 � VaterCxns rv- 1.12 Residential Density { 1 ' ✓I NE'GHEOR - `" - HOOD COlV1FATIEILITY cRl7�Rhl 2.1 V_nicuiar. Pedes;ran. Bike T ransocr,Etion V/ I ✓I I °uiicinc Eacer„el"t and Orient=ticr, 2.3 Natural Features I I I 2 s Vehicular Circulation anc Parking 2.2 Emergency . access _ I I I redestrian Cirutation I 2 3' Euildin Heicnt a 9� _ and Views I I I I IVol '2.6 . Shading I I ✓I I 2.1 C Sclar Ac::_=ss 1 I 2.11 Historic Reou ,/ II 1I 2.12 _tdacks 2.13 L _nCs -ac I I I � 2.14 Sicns I { I �/) ✓I I d 2.14, Site Lighting I,/ IV/1 I 2.16 Ncise and Vibration I 2.17 Glare o - Heat 2.18 Hazardous Materials I I I ✓I I A 3. ENGINEERING CRITERIA 3.1 Utility Capacity 3 2 Design Standards 3.3 water Hazards✓ ✓ I I 3.4 Geologic Hazards I I If no, please ex=lain Land Development Guidance System for Planned Unit Developments The City of Fort Collins, Colorado, Reviscd ',°� h 1994 - -61- `%-gu-a;t TROLWMA04 OFNVePARK PUP PWUM1AAP_Y 147WAL,at-2I- ACTIVITY: Business Service Uses DEFINITION: E Those activities which are predominantly retail, office, and services uses which would not qualify as a neighborhood service, neighborhood convenience, or community/regional shopping center. Uses include retail shops; offices; personal service shops; financial institutions; hotels/motels; medical clinics; health clubs; membership clubs; standard and fast-food restaurants; hospitals; mortuaries; indoor theaters; recreation uses; small animal veterinary clinics; printing and newspaper offices; and, other uses which are of the same general character. CRITERIA: Each of the following applicable criteria must be answered "yes" and implemented within the development plan. Yes No N/A 1. Does the project gain its primary vehicular access from a street other than ❑ South College Avenue? 2. DOES THE PROJECT EARN AT LEAST FIFTY (50%) PERCENT OF ❑ THE MAXIMUM POINTS AS CALCULATED ON POINT CHART `$' FOR THE FOLLOWING CRITERIA? e- a. Is the activity contiguous to an existing transit route (not applicable for uses of less than twenty-five thousand [25,0001 square feet GLA or with less than twenty-five [25] employees, or located in the Central Business District)? b. Is the project located outside of the "South College Avenue Corridor"? c. Is the project contiguous to and functionally a part of a neighborhood or community/regional shopping center, an office or industrial park, located in the Central Business District, or in the case of a single user, employ or will employ a total of more than one hundred (100) full-time employees during a single eight (8) hour shift? d. Is the project on at least two (2) acres of land, or located in the Central Business District? e. Does the project contain two (2) or more significant uses (for instance retail, office, residential, hotel/motel, or recreation)? f. Is there direct vehicular and pedestrian access between on -site parking areas and adjacent existing or future off -site parking areas which contain more than ten (10) spaces? g. Does the activity reduce non-renewable energy usage through the application of alternative energy systems or through energy conservation measures beyond those normally required by the Model Energy Code as adopted by the City? Refer to Appendix "E" for energy conservation methods to use for calculating energy conservation points. Land Development Guidance System for Planned Unit uevelopments The City of Fort Collins, Colorado, Revised March 1994 -71 Business Service Uses (continued) h. Is the project located with at least one -sixth (1/6) of its property boundary contiguous to existing urban development? i. If the site contains a building or place in which a historic event occurred, has special public value because of notable architecture, or is of cultural significance, does the project fulfill the following criteria? 1. Prevent creation of influences adverse to its preservation; 2. Assure that new structures and uses will be in keeping with the character of the building or place. Imitation of period styles should be avoided; and 3. Propose adaptive use of the building or place that will lead to its continuance, conservation, and improvement in an appropriate manner while respecting the integrity of the neighborhood. Land Development Guidance System for Planned Unit Developments The City of Fort Collins, Colorado, Revised March 1994 -72- BUSINESS SERVICE USES POINT CHART E For All Criteria Applicable Criteria Only tlhe I II III IV Criterion Acriterion e Clrcle Multiplier Points Maximum the Earned Applicable Yes No Correct Score Points Ixll a. Transit Route X X 2 E04 b. South College Corridor X X n8 8 C. Part of Center X X 0 0 3 6 6 d. Two Acres or More X X 2 0 3 0 6 e. Mixed -Use X X 2 3 0 6 f. Joint Parking X 1© 0 3 6 6 g. Energy Conservation X 1 23 0 2 Q g h. Contiguity X X(22) 0 5 to 10 i. Historic Preservation X 1 2 0 2 j' 1 2 0 k' 1 2 0 I. 1 2 0 Totals 30 50 Percentage Earned of Maximum Applicable Points V/VI = VII % Vu Land Development Guidance System for Planned Unit Developments The City of Fort Collins, Colorado, Revised March 1994 -73- OD c� co MEMORANDUM LO o a) cY) ' o TO: Gary Odehnal, Parsons & Associates a � City of Fort Collins o. ti �� J FROM: Matt Delich • Q. DATE: July 22, 1996 o z lL w SUBJECT: Troutman Office Building traffic analysis a (File: 9647MEM1) • w > 'T^ C.L./ O N This memorandum documents the access analyses to the o ( proposed Troutman Office Building, proposed to be located on C° the northeast corner of John F. Kennedy (JFK) Parkway and rnTroutman Parkway in Fort Collins, behind the Market Place shopping center. A schematic of the site is shown in Figure z w J W z 1. o 0-The site of the proposed Troutman Office Building is N currently vacant. The Market Place shopping center is located to the north and west of the site. The lots located on the southeast corner of JFK and Troutman are vacant. An irrigation ditch- precludes further development on the southwest and northeast corners of the JFK/Troutman intersection. The geometry of JFK Parkway and Troutman Parkway in front of the site are shown in Figure 2. There are two existing curb cuts to the Troutman Office Building site. One curb cut to the site is from Troutman Parkway. It does not appear to be in use at this time. The other curb cut to the site is from JFK Parkway. It is being used, at this time, Wfor loading and unloading supplies to the merchants in the Market Place shopping center. . a Z M The analysis period of this traffic study was determined 3:Z to be the afternoon peak hour, since this was the available (� data at the JFK/Troutman intersection. Recent afternoon peak z W hour traffic counts are shown in Figure 3. Weekday afternoon J z peak hour data was obtained in December of 1995 at the Q F JFK/Troutman intersection for another traffic study. Raw count data is provided in Appendix A. Calculations indicate . cc o that the contribution of site generated traffic was found to zbe insignificant at most other area intersections. Therefore, a the analysis was confined to the site access intersections and the JFK/Troutman intersection. LLB -a _ u Table 1 shows the peak hour operation using the data LL a shown in Figure 3. Calculation forms are provided in Appendix M B. This intersection operates acceptably. Acceptable Q ~ operation is defined as level of service D or better. 0 The trip generation and distribution for the proposed Troutman is based upon 50 employees working in the building. office Building and the afternoon peak hour trip Table 2 shows the daily generation. The reference document for this data was Trip Generation, 5th Edition, ITE. A simplified gravity model was used to. determine the trip di4 shows stribution for the site. Fig Figure 5 shows the trip distribution used in the trip assignment. Fig the assignment of the site generated traffic. The site generated traffic and the short range background was obtained from traffic is shown in Figure 6. Background traffic�� February Town Center (Centerpoint)e Site hour Access Stud n, at the key the "Harmony p 1996. Table 3 shows the short range p endix C. intersections. Calculation forms are found in App Operation on all three intersections will be acceptable. The site generated traffic and the long range background traffic is shown in Figure 7. It is expected that a traffic signal wi11 be warranted at the JFK/Te°futurelhorizons1O Trafficroshould be the short range and long rangmet. Table 4 monitored to determine when the oerigial at the four intersections. warrant is shows the long range peak hour P operation at the key Calculation forms are provided in Appendix D. intersections is expected to be acceptable. It is concluded that the proposed Troutman office Building can nis perspective. be accommodated at this loconnectedntofthe southrandltheosigatitions Once JFK is indicated installed, the geometry indicated in Figure 8 is recommended., Based upon the forecasted long range traffic, the accesses are far o that left -turn enough back from the JFK/Troua bike ilane along northbound conflicts should not occur. There is and southbound JFK, north of Theoutsth of Troutman,n. It is also ew�theon-street the bike lane- be continued to t parking prohibited. OCT-28-1936 17:03 • • P.01/10 HALE PRATT MIDGLEY LAITOS GREEN & HACKSTAFF, P.C. = EN77RE ATTACHMENT To THIS FACSDd E COVER L%TM AND THE CONTENTS ZVEREOFARE col,& mMAL, ARE INTENDED ONLY FOR 7HE USE OF TEE BELOW -NAMED INDIVIDUAL OR ENTITY, AND MAY BE SUBJECT TO THE ATTORNEYIMENT PRn=CrE ANDIOR THE ATTORNEY WORK PRODUCT PRIVILEGE \TIE' SENDING OF THIS COIMMU ICATION BY FACSIMME IS NOT INTENDED AS A WAIVER OF ANY PRIVILEGE LISTED ABOVE_ IF YOU, AS THIS' READER OF THIS COVER LETTER, ARE NOT THE INTENDED RECIPIENTOF THIS COVER 4.E7M AND THE ATTACHED INFORMATION, YOU MMEBY AR$ NOTIFIED TEAT' YOU ARE OBLICATED TO DELIVER TI" TO THE WFENDED RECIPIENT W THOUTREIDING THE ATTAC OHMS YOURSELF OR DIS5EMINAnNGANY OF MS COMMUNICATION, INCLUDING TILE ATTACHW-M, TOANYOTHER PERSONOR E,%= IF YOUHAVERECE= y1usCaMJ UA7CA7IONINERROR, PLEASE IM7dEDIATELYN0=THE MVD4R BYTEIEPHONEAND RETURN UNREAD THIS COVER LETTER AND THE ATTACHMENTS TO THE ABOVE ADDRESS VIA TTIL U.S, POSTAL SERVICE. THANK YOU. PLEASE DELIVER TO: DATE: October 28, 1996 NAME: Mitch Haas FIRM: City of Fort Collins Planning Department ADDRESS: 201 North. College Avenue, P.O. Box 580, Fort Collins, CO 80522-0580 CLIENT\ MATTER#: Carrington/Market place FAX #: 970-221-6378 TELE #: FROM: .NAME: Scott A. Midgley, Esq. FIRM: Hale Pratt Midgley Laitos Green & Hackstaff, P.C. ADDRESS: 1675 Broadway, Suite 2000, Denver, CO 80202 FAX #: 303-592-8710 TELE #: 303-592-8700 NOTE: nn OPERATOR: TOTAL NUMBER OF PAGES: 1Q (including this cover sheet) OCT-28-1996 17:03 0 P.02/10 HALE PRATT MIDGEY LA.ITOS GREEN & HA.CKSTAFF, P.C. i e75 BROADWAY SUITE 2o00 bENvER, COLORADO $pZOZ TELEPHONE M3) S92. 3700 TELKGOPIER (303) 592-67I O October 28, 1996 Mr. Mitch Haas City Planner City of Fort Collins Planning Department 201 North College Avenue P.O. Box 580 Fort Collins, Colorado 80522-0580 Re: Troutman Office Park Dear Mr. Haas: SCQTr A. MInGL.Ev Our law firm represents Francis Carrington as owner of the Market Place Shopping Center. As legal counsel to Mr. Carrington, we hereby inform you that Mr. Carrington and Troutman Office Park Association, LLC ("TOPA") have reached an agreement with respect to the various issues between them pertaining largely to the parking areas, construction of improvements and the responsibility for the maintenance of both existing and future improvements within the Troutman Office Park, the Market Place Shopping Center and the Access Easement bisecting those developments. Mr. Carrington generally is in support of the City's approval of the development and construction of the Troutman Office Park along the lines proposed by TOPA on the following conditions: (a) The City's final approval is expressly conditioned on the full execution and recording of a Use Agreement by Mr. Carrington and TOPA substantially in the form attached to, and incorporated in this letter, with the exhibits referenced therein to be attached at a later date; and (b) The City requires on all Final P,U.D. Documents including the final utility Plans, an owner's certification to be signed by Mr. Carrington. TOPA is in agreement with these conditions as evidenced by the execution of this letter by TOPA's authorized manager. OCT-28-1996 17:04 0 P.03i10 Mr. Mitch Haas October 28, 1996 Page 2 If you have any questions please contact either Mr. Ken Merritt of Landmark Enginocring or me at your convenience. Thank you very much. Most sincerely, HALL PRA17 MIDGLEY LAITOS GREEN & HAgKSTAFF, P.C. By; wl ,+ • i Sion A. Midgley SAM/db ACKNOWLEDGED AND AGREED: Troutman Office Park Association, LLC By: Manager Date: V, OCT-28-1996 17:04 P.04i10 USE AGREEMENT AGREEMENT made effective the 28th day of October, 1996, by and between Francis Carrington ("Carrington") and Troutman Office Park Association, LLC ("TOPA") a limited liability company. RECITALS A. Carrington owns a parcel of real property commonly known as the Market Place Shopping Center ("Market Place Parcel") located generally in the northeast corner of the intersection of South College Avenue and Troutman Parkway more particularly described in Exhibit A attached hereto and incorporated herein by this reference. B. TOPA has entered into a contract (the "Purchase Contract") with the City of Fort Collins, Colorado (the "City") pursuant to which TOPA has agreed to purchase from the City and the City has agreed to sell to TOPA a certain parcel of vacant land adjacent to the Market Place Parcel lying generally in the northwest corner of the intersection of JFK Parkway and Troutman Parkway (the "Troutman Parcel"). The Troutman Parcel is described more particularly in Exhibit B attached hereto and incorporated herein by this reference. C. In the event TOPA actually acquires title to the Troutman Parcel whether pursuant to the terms and conditions contained in the Purchase Contract or otherwise, TOPA intends to construct an office building ("Office Building") on the Troutman Parcel together with such amenities and appurtenances as Troutman reasonably believes are necessary to service the Office Building subject to the approval of the City and/or one or more of its various departments. D. Several concerns with the Office Building have been raised by and between the parties regarding one or more issues including but not necessarily limited to the total number of leasable square feet of office space within the Office Building, the adequacy of the parking areas located on the Trounnan Parcel servicing the Office Building, the designation of visitor parking areas an the Troutman Parcel, the construction and maintenance of certain improvements to be located within an existing access easement (the "Access Easement") extending from JFK Parkway generally in a southwesterly direction to Troutman Parkway in the City, more particularly described in Exhibit C attached hereto and incorporated herein by this reference, the management of street parking within the Access Easement and the alteration and maintenance of existing improvements within the Access Easement. E. The parties anticipate certain mutual benefits will be derived by each of them in connection with the construction of the Office Building so long as the Parties can reach agreement on the resolution of the various issues and concerns between them including but not necessarily limited to those described in Recital Paragraph D of this Agreement. OCT-28-1996 17:05 9 . P.05110 F. The parties, in fact, have reached an agreement on the resolution of those issues and now desire to reduce their agreement to written form. NOW THEREFORE the parties for themselves and their respective heirs, successors and assigns agree as follows: 1, Size of the Office building. The total area of leasable building space which TOPA may construct on the Troutman Parcel shall not exceed 18,000 leasable square feet in the configuration ultimately described in the Final P.U.D. Documents approved by the City with respect to the construction of the Office Building. For purposes of this Agreement, "leasable square feet" shall be determined in accordance with the standards established by BOMA. 2. Parjdng Area. As a precondition to the issuance of a Certificate of Occupancy by the City with respect to the Office Building, TOPA shall have completed the construction and striping of a parking area on the Troutman Parcel containing a minimum of 46 parking spaces, all of a sufficient size and quality to match or exceed the standards established by the City in existence and as enforced by the City on the date of the issuance of the building permit with respect to the construction of the Office Building. Of the aforementioned 46 parking spaces, 38 of those parking spaces shall be constructed entirely on the Troutman Parcel and 8 parking spaces shall be constructed within the Access Easement and on the Market Place Parcel in the manner described on Exhibit D attached hereto and incorporated herein by this reference. Of the 38 parking spaces to be constructed entirely on the Troutman Parcel, TOPA shall designate and identify to the public, 9 parking spaces as "Visitor Parking." 3. Carrington Parking Spaces. Currently, there exist 21 additional parking spaces on the Market Place Parcel lying adjacent to or within the Access Easement as described on Exhibit E attached hereto and incorporated herein by this reference. These additional 21 parking spaces hereafter shaft be called the "Southeast parking Spaces." Carrington shall have the right, at Carrington's sole discretion and expense, to designate and identify to the public the Southeast Parking Spaces as being exclusively for the use, benefit and enjoyment of visitors, patrons and tenants of the Market Place Shopping Center. TOPA acknowledges and agrees that it shall not utilize any portion of the Southeast Parking Spaces in meeting any of the parking requirements established by the City for the construction of the Office Building. 4. Use of Access Easement. Carrington hereby grants TOPA a right of way for ingress and egress over the Access Easement for the purpose of permitting TOPA and the occupants of the Office Building to gain access to and to exit from the TOPA Parcel. However, TOPA hereby indemnifies Carrington against, and holds Carrington harmless from, any and all claims of any and every nature arising from or in any way connected with the utilization of the Access Easement by TOPA and by any of its members, managers, contractors, agents, tenants, employees, contractors, subcontractors and invitees and by any of its tenants' agents, employees, contractors, subcontractors, and invitees. OCT-28-1996 17:06 • P.06i10 •4 �1 • • 41i i 'l4�1 a. The existing trash enclosure area ("Trash Enclosure") designated on Exhibit F attached hereto and incorporated herein by this reference, currently is not large enough to service and accommodate the future trash disposal needs and requirements of the Market Place Shopping Center and of TOPA and the eventual occupants of the Office Building. TOPA intends to utilize the Trash Enclosure as the primary trash and refuse receptacle for the Office Building. Carrington hereby grants TOPA the right to expand, utilize, and maintain, at TOPA's sole expense, the Trash Enclosure for the storage of trash and refuse in compliance with all applicable governmental ordinances, rules, regulations, codes, laws and statutes. The design, exact location of, and modifications to the Trash Enclosure shall be subject to Carrington's prior reasonable approval. TOPA shall construct at TOPA's expense such doors and gates on the existing Trash Enclosure and shall continue to maintain at TOPA's expense such existing Trash Enclosure, all in compliance with applicable City codes and ordinances. b. TOPA hereby indemnifies Carrington against, and holds Carrington harmless from any and all claims of any and every nature arising from or in any way connected with the construction and utilization of the Trash Enclosure. n• 111411 Carrington hereby grants TOPA the right to construct on the Market Place Parcel and within the Access Easement, at TOPA's expense, such permanent site improvements including but not limited to curb and gutter, sidewalk, walkway and landscape improvements as are required by the City within the areas depicted on Exhibit G to this Agreement. The design and exact location of such curb and gutter, sidewalk, walkway, and landscape improvements shall be subject to Carrington's prior reasonable approval. TOPA shall maintain, at TOPA's expense, all of the aforementioned permanent site improvements, curb and gutter, sidewalk, walkway and landscaped improvements located within the area designated on Exhibits D and F, whether or not TOPA actually constructed or constructs such improvements. 7. Reciprocal Easement. TOPA hereby acknowledges that Carrington has and shall continue to have an easement for ingress to, and egress from the Market Place Parcel over the Access Easement, to the extent the Access Easement extends beyond the boundary of the Market Place Parcel and over the Troutman Parcel. 8. Maintenance of Rga way. Carrington and TOPA shall share equally all of the costs and expenses necessarily incurred to maintain, repair and replace any portion of the roadway located within the Access Easement including but not limited to re -paving, snow removal, patching, repairing, sealing and striping. OCT-28-1996 17:07 • • P.07i10 9. Maintenance of other Access Easement Improvements. In addition to TOPA's maintenance obligations described in paragraphs 5, b and 8 of this Agreement, TOPA also shall be responsible for, and shall pay all of the costs and expenses necessarily incurred to construct, repair, replace and maintain all improvements located within the Access Easement beginning with (and including) the curb and gutter running along the southeasterly border of the roadway within the Access Easement and extending to the Troutman Parcel. 10. Additional Consideration. In addition to TOPA's other promises, covenants and agreements as described in this Agreement, TOPA shall pay to Carrington the sum of $10,000.00 as additional consideration for Carrington's willingness to enter into this Agreement. TOPA shall deliver to Carrington said sum of $10,000.00 on the earlier to occur of (a) the date on which TOPA and the City close the sale and purchase of the Troutman Parcel and the City delivers to TOPA its deed conveying the Troutman Parcel to TOPA, and (b) the date on which TOPA submits its application to the City for the issuance of a building permit with respect to the construction of the Office Building. TOPA acknowledges, however, that neither its delivery to Carrington of said sum of $10,000.00 nor any other provision contained in this Agreement shall constitute or be construed as requiring or effectuating the transfer of any ownership interest in the Market Place Parcel by Carrington to TOPA. Any and all rights conferred on TOPA by Carrington pursuant to this Agreement shall constitute rights to use existing improvements and to construct other improvements strictly in conformance with the provisions contained in this Agreement. This Agreement and the provisions contained in this Agreement shall be construed as narrowly as reasonably possible. Moreover, neither the use of existing improvements nor the construction and maintenance of other improvements by TOPA and its successors and assigns pursuant to the terms of this Agreement, shall have any evidentiary value or effect in any court or other proceeding initiated in whole or in part to prove or acquire any ownership rights in the Market Place Parcel by adverse possession or by some other similar Iegal or equitable theory. 11. Carrington .$ Owner. TOPA acknowledges and agrees that Carrington shall be designated as an "Owner" on all Final P.U.D. Documents including final Utility Plans either filed or to be filed with the City with respect to the development and construction of improvements on the Troutman Parcel. Therefore, all such Final P.U.D. Documents including final Utility Plans shall contain an owner's acknowledgment and certification for execution by Carrington. 12. Arbitration. Any dispute between the parties arising out of this Agreement shall be submitted to final and binding arbitration in the County of Larimer, State of Colorado, under the Commercial Arbitration Rules of the American Arbitration Association then in effect, upon written notification and demand of either party therefor. In the event either party demands such arbitration, the American Arbitration Association shall be requested to submit a list of prospective arbitrators consisting of persons experienced in matters involving the types of transactions contemplated by this Agreement. The provisions of Section 13-22-201 C.R.S., et seq., and the laws of the State of Colorado, are incorporated herein and shall be applicable to the arbitration. In making the award, the arbitrator shall award recovery of costs and expenses of the arbitration and reasonable attorneys' fees to the prevailing party. Any award may be entered as a judgment 4 OCT-28-1996 17:08 0 E P.08/10 in any court of competent jurisdiction. Should judicial proceedings be commenced to enforce or carry out this provisions or any arbitration award, the prevailing party in such proceedings shall be entitled to reasonable attorneys' fees and costs, in addition to other relief. Either party shall have the right, prior to receiving an arbitration award, to obtain preliminary relief from a court of competent jurisdiction to. (i) avoid injury or prejudice to that party; (ii) or to protect the rights of any party; or (iii) to maintain the status quo as it existed immediately prior to the dispute; or (iv) to obtain possession of property it order to avoid a material risk of damage to, or loss of, that property. 13. Miscellaneous. a. Assignment. Either party may assign to another person or entity such party's rights, duties and obligations under this Agreement without the prior consent of the other party provided however, that any such assignment shall not alter or vitiate the enforceability of the provisions contained in this Agreement. b. Definition: Final PJJ.D. Documents. Whenever and wherever the term "Fiord P.U.D. Documents" appears in this Agreement, it shall include the Final P.U.D. Plan, Final P.U.D. Staff Report, Development Agreement and Utility Plans, currently required by the City as well as other similar documents which may be required from time to time by the City and its various departments with respect to the development and construction of the Office Building. C. &motion and ParaUph Headings. The section and paragraph headings in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. d. Amendment. This Agreement may be amended only by an instrument in writing executed by all the parties hereto. e. Entire Amement. This Agreement and the Exhibits and amendments hereto constitute the entire agreement of the parties hereto, and supersede all prior understandings with respect to the subject matter hereof, f. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute the saute instrument. g. Governing Law. This Agreement shall be construed and enforced under, in accordance with, and governed by, the laws of the State of Colorado. h. Recordation. Immediately upon the conclusion of the Closing and the City's delivery of the deed to TOPA conveying the Troutman Parcel, the parties shall OCT-28-1996 17:08 P.09r10 cause the original form of this Agreement to be recorded in the records of the Cleric and Recorder for Larimer County. i. CDYMMM R . The terms, provisions, rights, duties and obligations contained in this Agreement constitute covenants running with the land, and as such shall be binding on the parties to this Agreement as well as their successors, heirs, assigns and tenants. j. Enforceability. In the event any one or more of the terms and provisions contained in this Agreement are held to be invalid or unenforceable for any reason, the remaining portion of this Agreement shall be deemed valid and enforceable. k. Attorney Fees. Each party shall be responsible for its own attorneys fees incurred in connection with the drafting and negotiation of this Agreement. In the event of litigation between the parties in connection with the Agreement or in connection with any breach of the terms of this Agreement, the prevailing party in such litigation or arbitration shall be entitled to recover from the losing party the prevailing party's reasonable attorneys fees and costs incurred in connection with such litigation or arbitration. IN WITNESS WHEREOF the parties set their signatures on the dates indicated. CARRINGTON Francis Carrington Date: STATE OF CALIFORNIA ) } ss. COUNTY OF __ 1 TOPA By: Managing Member Date; Subscribed and sworn to before me by Francis Carrington on this , 1996. Notary Public My Commission Expires: C day of OCT-28-1996 17:09 P.10/10 STATE OF COLORADO ) ss. COUNTY OF 1 Subscribed and sworn to before me by as of Troutman Office Park Association, LLC on this day of , 1996. Notary Public My Commission Expires: G:NCAMNUT\MARKETxACRFPJ.t"U58A0R f TOTAL P.10 (ILLQ 9 LIF IL-ORC PT E C Ts - X. 748 WHALERS WAY • BLDG E, SUITE 200 • FORT COLLINS • COLORADO 80525 • (970) 223-1820 October 1, 1996 Mr. Fred Griffith Francis Carrington Investments 627 H. Street P.O. Box 1328 Eureka, CA 95501 RE: Troutman Office Park P.U.D. JFK Parkway and Troutman Parkway Fort Collins, Colorado Project No. 9632 Dear Fred: This letter is in response to the conference call Monday morning between Gene Little, Ken Merritt, and you concerning the proposed Troutman Office building and the parking related to it. The office building is designed to be an integral park of the overall block development. Matching colors and materials are planned as well as integrated site features. The building on the corner will affectively screen the service area from JFK and Troutman Parkways. As discussed in the phone conversation, the City of Fort Collins' parking guidelines suggest 2.8 spaces/1000 s.f. of office space. As currently shown there are 2.1 spaces/1000 s.f. on site. Although the city is allowing the use of off -site parking to adjust that ratio, it is understandable that you have a concern regarding office employees parking in areas currently used for shopping center activities. Therefore, the Troutman Office Park owners are offering a compromise by reducing the overall size of the building from 18,000 s.f. to 16,400 s.f. Based on office space of 16,400 s.f., the parking guideline would suggest 46 spaces be provided for parking. Only 8 currently unused spaces to the north would be counted for overflow parking. The Troutman Office Park owners agree to pay for construction of improvements occurring in the access easement on the Market Place property. These improvements include: concrete curb and gutter, concrete sidewalk crossing, landscape materials and plants, landscape irrigation system, gates on existing trash enclosure, and asphalt drives connecting service drive to new lot including cut and patch at intersecting locations. 0 E Maintenance of the shared service drive will be addressed in the document which you are preparing. The owners met with the City of Ft. Collins Planning Department at 9:45 a.m. on the 1 st of October and received staff support for the proposed change in building size. We believe this is a fair resolution to any concern between owners. Sincerely, Troutman Office Park Ass ciates, LLC By: Gene R. Little, President Walter Robert Associates, Inc. 145 W. Swallow Road Fort Collins, CO 80525 Phone: (970)223-1079 FAX: (970)204-0813 cc: Ken Merritt, Landmark Engineering