PLANNING AND ZONING COMMISSION AGENDA MEMORANDUM

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PLANNING AND ZONING COMMISSION AGENDA MEMORANDUM City and County of Broomfield, Colorado To: Planning and Zoning Commission From: John Hilgers, Planning Director Prepared by: Michael Sutherland, Planner Meeting Date Agenda Category Agenda Item # June 13, 2016 Planning & Zoning Commission Business 4 c 1. Public Hearing on Proposed Overlook District Filing No. 1, Replat C Site Development Plan Property Location: West Side of Via Varra, North of W. Midway Blvd. Agenda Title: Applicant: Etkin Johnson Real Estate Partners 2. Consideration of Proposed Resolution No. PZ-2016-21 Regarding the Application Summary The owner of the property is Broomfield Corporate Center, LLC and the applicant is Etkin Johnson Real Estate Partners, represented by Jim Vasbinder. The 15.46-acre property is located on the west side of Via Varra, north of W. Midway Blvd., across the street from the Terracina apartment complex. The property is currently vacant. The applicant requests approval of a site development plan (SDP) for two 88,293 square-foot flexible office space buildings. Each building may be leased to one or more office, employment, or light industrial tenants. The proposed SDP contains specific waiver requests for signs, landscaping, and site design. The applicant is also requesting staff approval of a minor subdivision plat to re-subdivide the 15.46-acre property into two lots and two tracts. Staff approval of the minor subdivision plat is contingent upon approval of the proposed SDP through the public hearing process. The zoning of the property is Planned Unit Development (PUD). The proposed office/light industrial use is consistent with the PUD plan for the property. The comprehensive plan designation for the property is mixed-use commercial. The proposed plans are consistent with the comprehensive plan. Prior Council Action June 29, 1995, Broomfield annexed the property by Ordinance No. 1138. August 21, 2001, Council approved The Overlook District PUD Plan by Resolution No. 2001-164. The approved PUD plan has subsequently been amended twice for developments on the east side of Via Varra. October 20, 2015, Council held a concept review for the proposed development. Financial Considerations The proposal is consistent with the Long Range Financial Plan. Alternatives Based on the testimony and evidence presented on the record at the public hearing: If the proposed application complies with applicable Broomfield Municipal Code (BMC) review standards: o Recommend that the City Council approve the application as is or with conditions. If the proposed plans do not comply with applicable BMC review standards: o Postpone action on the resolution and continue the hearing to a date certain; or o Recommend the City Council deny the application. Proposed Actions/Recommendations Hold the public hearing. Following and subject to the results of the public hearing, the Commission may either: o Adopt Resolution No. PZ 2016-21 recommending approval with or without conditions; or o Adopt Resolution No. PZ 2016-21 recommending denial. Item 4.c. - Page 1

Page 2 I. SUMMARY OF APPLICATION The application is for consideration of a site development plan showing two identical 88,293 square foot, single-story, office/employment buildings on a 15.46-acre site located east of the Northwest Parkway and west of Via Varra in the Overlook District Planned Unit Development (PUD). The map below highlights the project location on an aerial map showing existing developments in the area. The applicant material includes site plans, circulation plans, grading plans, architectural elevations, landscape plans, and site details. The applicant is also requesting staff approval of a minor subdivision plat to divide the 15.46-acre property into two lots and two tracts. The proposed minor subdivision plat is included for Planning and Zoning Commission review and comment, but is not part of the formal resolution. Staff approval of the minor subdivision plat is contingent on approval of the SDP. Property Owner and Applicant The property owner is Broomfield Corporate Center, LLC / Broomfield Business Center Apartments, LLC; and the applicant is Etkin Johnson Real Estate Partners. Both are represented by Jim Vasbinder. Item 4.c. - Page 2

Page 3 II. ZONING, COMPREHENSIVE PLAN, AND OTHER APPLICABLE PLANS Zoning, PUD Plan and Preliminary Plat The property is zoned Planned Unit Development (PUD). On August 21, 2001, Council approved the Overlook District PUD plan for a 34.7-acre area spanning both the east and west sides of Via Varra. Council approved PUD plan amendments in 2007 and 2014, both of which primarily affected the east side of Via Varra. The approved PUD plan allows the following uses: Banks, savings & loans, finance companies, with drive-up Medical and dental offices, laboratories Corporate & professional offices, R&D facilities Offices and clinics Municipal buildings Parking lots and parking garages Personal service shops Private schools Public utility installations, excluding repair, storage, and production facilities Commercial recreation and entertainment uses and theaters, indoor Retail stores, home furnishings, hardware, apparel Printing & copying services Restaurants, including a maximum of two drive-through Retail services Accessory buildings and uses Light industrial facilities including: Assembly or packaging of products from previously prepared materials; Experimental or testing laboratories; Manufacture of precision or electronic instruments, parts or tools; Repair, maintenance, sales & service of commodities manufactured, assembled or packaged as the primary permitted use The proposed buildings are speculative developments and, as such, the exact users are not yet known. All uses must comply with the allowed uses within the approved PUD plan. Any lessee uses not listed above as allowed by the approved PUD plan will require a separate public hearing process to consider their use. Relationship to Comprehensive Plan, Sub-Area Plans, and Financial Plan Comprehensive Plan The adopted Land Use Map identifies the Overlook District property as mixed-use commercial. The following map is a portion of the Comprehensive Plan Land Use Map covering the subject property and surrounding area. Item 4.c. - Page 3

Page 4 The following land use descriptions are reprinted from the Comprehensive Plan: Mixed-Use Commercial: Mixed-Use Commercial areas provide a mix of commercial uses with supporting multi-family or single-family-attached residential uses. Development within these land use designation areas should provide a mix of commercial and supporting uses exhibiting quality building and site design and an attractive pedestrian environment with a strong street character. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. The mix of uses may be achieved vertically within buildings; however, some horizontal mixes on the site are allowed. This land use designation calls for an overall target density of eight dwelling units per acre, with higher densities allowed on individual projects. No more than 30 percent of the land area within the Mixed-Use Commercial district should be utilized for residential uses. Residential placed over retail should be considered a bonus in excess of this maximum. The proposed office/employment use is consistent with the comprehensive plan land use designation. Item 4.c. - Page 4

Page 5 Goals and Policies The proposed Overlook District site development plan facilitates implementation of the following goals and policies identified in the Comprehensive Plan: Goal LU-A: Mix of Land Uses Provide an appropriate mix of land uses that ensures sustained economic vitality. Goal ED-C: Build a strong and diversified employment base in Broomfield that minimizes cyclical impacts of market changes and that provides job opportunities for Broomfield residents of all skills. Sub-Area Plans The property is within the US 36 Sub-Area Plan (1997) and the 96 th Street/Northwest Parkway Sub-District Master Plan (1999). The approved Overlook District PUD plan adopted the design standards from the 96 th Street/Northwest Parkway Sub-District Master Plan. The approved PUD plan is consistent with the sub-area plans. The applicant is requesting certain variances to PUD plan standards for this particular site and the requested variances are the subject of a subsequent paragraph in the memorandum. Financial Plan The proposed concept plans are consistent with the base data and projections contained in Broomfield s adopted Long Range Financial Plan. Area Context and Property Location III. AREA CONTEXT The 15.46-acre property is within the Overlook District, which is a 34.7-acre PUD on either side of Via Varra, near the Northwest Parkway. Parkway Circle is a PUD to the south of the Overlook District and the Broomfield Business Center is a PUD to the north. Council has approved six multi-family development projects in the area: Vantage Pointe, Terracina, Terracina II (approved, not built), Catania, the Retreat at the Flatirons, and the Broomfield Business Center Apartments phase II (zoning approved, not constructed). These six multi-family developments account for 1,691 apartments and 95 condominium units on approximately 73.4 acres of land in the area. A car dealership has been approved in Parkway Circle and is currently under construction. In addition, two hotels have been approved in the area: the 123-room Hyatt House (constructed); and the 136-room Holiday Inn Express (currently under construction). Another hotel is currently under consideration, and a fourth hotel has had a concept review. The following illustration shows existing and possible building locations within the 173.8-acre planning area which includes the Broomfield Business Center, the Overlook District, and Parkway Circle (in order from north to south). Item 4.c. - Page 5

Page 6 Item 4.c. - Page 6

Page 7 Surrounding Land Uses ADJACENT USE/ZONING COMPREHENSIVE PLAN DESIGNATION North Undeveloped/PUD Mixed-Use Commercial South Undeveloped & Multi-family Residential Mixed-Use Commercial (Catania)/PUD East Undeveloped & Multi-family Residential (Terracina)/PUD West Undeveloped/ConocoPhillips site in Louisville Not Applicable Mixed-Use Commercial / Urban Residential Description IV. CURRENT APPLICATION DETAILED DESCRIPTION AND STAFF REVIEW The applicant requests approval of a SDP for two 88,293 square foot, single-story, office/employment buildings on a 15.46-acre site located on the west side of Via Varra, north of W. Midway Blvd., and across the street from the Terracina apartment development within the Overlook District PUD. The proposed SDP shows site plans, grading plans, architectural elevations, landscape plans, and site details. The applicant is requesting variances to specific development standards for site design, landscaping, and sign requirements. With the exception of the requested variances, the proposed development meets the standards of the comprehensive plan, sub-area plans, PUD plan, and municipal code. In addition to the SDP, the applicant is requesting approval of a minor subdivision plat to resubdivide the 15.46-acre property into two lots and two tracts. Each lot is approximately seven acres. The two tracts are each less than one acre in area and contain detention areas for the lots. The proposed minor subdivision plat is included for reference, but no action is required from the Planning and Zoning Commission. Staff will approve the proposed minor subdivision plat contingent upon approval of the SDP. Background/Base Data 1. PROPERTY OWNER Broomfield Corporate Center, LLC 2. APPLICANT Etkin Johnson Real Estate Partners 3. PROPERTY LOCATION East of the Northwest Parkway, West of Via Varra 4. PROPERTY SIZE 15.46 Acres 5. CURRENT ZONING PUD 6. CURRENT LAND USE Undeveloped 7. PROPOSED LAND USE Office/Employment 8. COMPREHENSIVE PLAN DESIGNATION Mixed-Use Commercial Concept Review On October 20, 2015, Council held a concept review for the proposed development (at the time, both buildings were 87,490 square feet in area). Individuals who spoke at the concept review made the following comments (applicant s answers to questions are in italics): Item 4.c. - Page 7

Page 8 Exciting product, especially in this area of Broomfield. Applicant is addressing parking and mechanical equipment screening. Lighting, signs, circulation and trash enclosures will be reviewed by the Planning and Zoning Commission. Glad to see employment opportunities in this area. Large buildings may hinder circulation and connectivity in the area. Is there a more creative layout to enhance circulation and connectivity? The project is good. Not the most creative, but a needed development. Trail connectivity needs to be worked out but overall the project is welcome. This development is appreciated. What are the allowed heavier uses within the building? Only uses already allowed in the PUD: diverse employment, clean room environments, high-tech, and office users are anticipated. Warehouses are not anticipated at this clear (interior floor to ceiling) height. What will the rents be? High teens, low twenties per square foot triple net; an opportunity between rents in Colorado Tech Center (less) and those in Interlocken (more). The project is supported. Less concerned with a creative building layout than having a successful development and bringing new employment to Broomfield. At the northwest corner, will you have shared access with the neighbor to the north? Yes. Not too worried about the layout, the buildings should have plenty of visual interest from the ground view. Work with staff on circulation. Feedback has been positive, we look forward to the development. Land Use Summary The following table and graphic are a composite land use summary for the project. OVERLOOK DISTRICT FILING NO. 1, REPLAT C COMPOSITE LAND USE SUMMARY Land Use Acres Floor Lot and Tract Sizes % of Buildings Area Square Feet Site Ratio Min. Avg. Max Building Area 4.05 26 2 0.26:1 24,916 168,428 312,529 Landscape 5.30 34 N/A N/A N/A N/A N/A Drive & Lot Area 6.11 40 N/A N/A N/A N/A N/A Total 15.46 100 2 0.26:1 24,916 168,428 312,529 Projected Lease Price $17 - $23 per square foot Composite Land Use Graphic Item 4.c. - Page 8

Page 9 Site Plans The proposed site plans show the layout of two 88,293 square foot buildings in an east-west orientation and the associated parking areas. The plans show 704 off-street parking spaces (688 standard parking spaces and 16 accessible parking spaces) for the two buildings. In addition, the plans show 36 bicycle parking spaces and ten motorcycle parking spaces which meet the PUD plan standards. The proposed off-street parking meets the PUD plan requirements. There are three points of vehicular access to the site; 1) an existing right-in-right-out access from the Northwest Parkway at the northwest corner of the property - the access will serve both the subject property and the property to the north; 2) a proposed through-access from the existing private road to the south; and 3) the main access to the property will be a full-movement signalized access from Via Varra. Grading Plans The grading plans show existing and proposed contours for the 15.46-acre property. Generally, the property slopes from the northwest corner (5,365 feet above sea level) to the southeast corner (5,345 feet above sea level). The applicant is proposing two detention ponds on either side of the access drive to Via Varra. The detention ponds will have retaining walls around the perimeter. The maximum retaining wall height (for an individual wall) is six feet (southern end of the northern pond) and retaining walls are tiered in both ponds. Item 4.c. - Page 9

Page 10 Architectural Elevations The architectural elevations show the proposed buildings. Each building is a one-story, flat roof building with varying parapet heights for vertical interest. The buildings have several bump-outs and bump-ins for horizontal interest. Each building features a cut-out courtyard near the middle of the building and employee recreational areas at each end. The buildings feature tilt-up concrete walls, various accent colors, glass areas, and raised parapets to highlight entryways. Landscape Plans The landscape plans show a wide variety of groundcovers and trees. The plans include deciduous (126 trees, ten different species), ornamental (150 trees, 11 different species), and evergreen trees (76 trees, four different species) to achieve year-round color, plant diversity, and visual interest. In total, the plans show 352 trees in 25 different species and 2,313 shrubs in 36 different species on the property. The plans also include areas of ornamental grasses, perennials, and low maintenance seeded areas. Signs and Site Details The plans show 40-foot tall columns (similar to those existing in the Broomfield Business Center) on each side of the Via Varra access. These design elements, which are not buildings or signs, are not addressed by the approved PUD plan, but may be approved as a variance through the SDP process. In addition, the plans show a six-foot tall monument sign at each vehicular access and a 14-foot tall monument sign in the middle of the western side of the property to attract attention from the Northwest Parkway. For employees and visitors, the plans show large parking islands in the middle of the site which include benches and picnic tables. The plans also show optional recreational areas in the middle of the buildings which include outdoor kitchens, seating, outdoor fire pits, and tables. On each end of the south building are pavilions and picnic tables. The plans show optional tenant courtyards which may include seating. Item 4.c. - Page 10

Page 11 Minor Subdivision Plat The proposed minor subdivision plat is not an action item for the Planning and Zoning Commission. Staff will approve the minor subdivision plat pending approval of the site development plan through the public hearing process. The proposed minor subdivision plat is included with the packet for any comments or concerns. The plans show the replat of the property into two lots and two tracts. Each tract contains a storm detention area, each lot contains a building site. Currently, Xcel Energy (formerly Public Service Company of Colorado) has existing overhead power lines on the south side of the property. These lines were formerly within the Carbon Road right-of-way, but when the right-of-way was vacated, no easement remained for the power lines. The applicant will provide an easement for the power lines with the proposed minor subdivision plat. In a collaborative effort, the applicant, Xcel Energy, and Broomfield will all participate to bury the existing overhead lines underground within the easement. Variances The applicant is requesting approval of six variances to the standards of the approved PUD plan. The approved PUD plan requires passenger drop-off areas and a transit stop for commercial development. The applicant has not provided these items and is requesting a variance to allow omission of these items. In addition, the approved PUD plan requires specific numbers of shrubs and trees in buffer areas along roads and perimeter property lines. The applicant is aware of the standards and has increased trees and shrubs in these areas to the maximum extent possible. Under the advice of their landscape architect, the applicant is showing the maximum density of trees and shrubs they believe can survive. The applicant is requesting a variance of the PUD plan landscape standards to reduce the density of plants and shrubs to a level they believe can survive in the required buffer areas. Finally, the applicant is requesting a variance of the approved PUD plan standards to allow three additional monument signs for the development, one of which (the 14-foot tall sign) is larger than those allowed by the PUD standards, and the two 40-foot tall pillars. The pillars do not contain sign information and the approved PUD plan contains no mention or regulations governing the pillars. For the Terracina development and the Broomfield Business Center development, the pillars were approved as variances to the PUD through the SDP process. Item 4.c. - Page 11

Page 12 Circulation, Walkability, and Transit The proposed SDP includes a trail connectivity map which shows existing sidewalks and bike lanes on Via Varra with existing and proposed regional trail amenities in the area. The applicant will install an eight-foot wide walkway on the south side of the property (within an access and utility easement) and a ten-foot wide walkway within the Northwest Parkway right-of-way on the west side of the property. In addition, the plans show internal pathways and future connection points to neighboring properties. Currently, regular bus service is not available in the Parkway Circle, Overlook, and Broomfield Business Center area. The proposed development is approximately one mile (a 20-minute walking distance) from the Midway Park-N-Ride, which provides commuter access from Denver and Boulder. Direct walking connections between this site and the FlatIron Crossing shopping area are not complete at this time. V. STAFF REVIEW OF KEY ISSUES Based on the comments given at the concept review and the staff review of the current application, staff identified no key issues with the proposed development. Staff is currently reviewing the proposed SDP and minor subdivision plat for minor technical corrections which will not change the character of the proposed development. The proposed SDP is in proper form for consideration by the Planning and Zoning Commission. Item 4.c. - Page 12

Page 13 VI. APPLICABLE MUNICIPAL CODE REVIEW CRITERIA The Planning and Zoning Commission reviews the application based on the following provisions of the Broomfield Municipal Code. Site Development Plan 17-38-180 Site development plan; hearing and notice; planning and zoning commission. The planning and zoning commission shall hold a public hearing on the site development plan. Notice shall be given in accordance with the provisions of chapter 17-52. (Ord. 725 1, 1987; Ord. 1111 33, 1995; Ord. 1935 41, 2011) 17-38-190 Site development plan; recommendation; planning and zoning commission. Within thirty days of the conclusion of its public hearing, the planning and zoning commission shall adopt a resolution of approval, disapproval, or conditional approval. If the recommendation is for conditional approval, the conditions under which the site development plan would be acceptable shall be set forth. (Ord. 725 1, 1987; Ord. 1111 34, 1995; Ord. 1935 42, 2011) 17-38-220 Review standards. The recommendation of the planning and zoning commission and the decision of the city council shall be based on whether the applicant has demonstrated that the proposed site development plan meets the following standards: (A) The proposal should be consistent with the intent of this chapter as set forth in section 17-38-010. (B) The proposal should identify and mitigate potential negative impacts on nearby properties. (C) The proposal should identify and maximize potential positive impacts on nearby properties. (D) The proposal should include adequate facilities for pedestrians, bicyclists, and motorists. (E) The proposal should include adequate public improvements (both on and off site) to be provided in a timely fashion. (F) The proposal should optimize conservation of energy, water, and other resources on a site-specific scale. (G) The land uses within the plan should be compatible with one another and with nearby properties. (H) The proposal should provide for open area at a rate of not less than forty percent of the developable site in residential areas and twenty-five percent in other areas as provided in section 17-38-240 below. (I) The proposal should include any common areas serving the site, and adequate provisions should be made for the ownership and maintenance of such areas. (J) The proposal should justify any proposed deviations from the Broomfield Municipal Code in terms of the overall quality of the plan. (K) The proposal should be consistent with the approved PUD plan. (L) For residential-use PUD plans and site development plans, the proposal should be consistent with adopted uniform standards. (Ord. 725 1, 1987; Ord. 1098 2, 1994; Ord. 1111 36, 1995; Ord. 1364 4, 1998; Ord. 1935 54, 2011) 17-38-350 Exceptions. For good cause shown by the applicant, the city council may eliminate, alter, or vary some or all of these uniform subdivision standards for a residential PUD plan or for a residential site development plan. (Ord. 1288 1, 1997) Item 4.c. - Page 13

PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ 2016-21 A RESOLUTION RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN FOR THE OVERLOOK DISTRICT FILING NO. 1 REPLAT C (ATRIA AT BROOMFIELD CORPORATE CENTER) BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY AND COUNTY OF BROOMFIELD, COLORADO: Section 1. The Broomfield Planning and Zoning Commission finds that: 1.1 An application for a site development plan has been submitted. 1.2 Said application was considered during a public hearing held June 13, 2016. 1.3 Proper notice was given in accordance with chapter 17-52 of the Broomfield Municipal Code. 1.4 Said application is in conformance with the applicable requirements of the Broomfield Municipal Code. Section 2. This Resolution constitutes the written report, findings, and recommendation or decision of the Broomfield Planning and Zoning Commission. Section 3. Recommendation. On the basis of the above, the Broomfield Planning and Zoning Commission recommends approval of the application. PASSED by vote on June 13, 2016. Chairman Planning and Zoning Commission Secretary Planning and Zoning Commission Item 4.c. - Page 14

PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ-2016-21 A RESOLUTION RECOMMENDING DENIAL OF SITE DEVELOPMENT PLAN FOR THE OVERLOOK DISTRICT FILING NO. 1 REPLAT C (ATRIA AT BROOMFIELD CORPORATE CENTER) BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY AND COUNTY OF BROOMFIELD, COLORADO: Section 1. The Broomfield Planning and Zoning Commission finds that: 1.1 An application for a site development plan has been submitted. 1.2 Said application was considered during a public hearing held June 13, 2016. 1.3 Proper notice was given in accordance with chapter 17-52 of the Broomfield Municipal Code. 1.4 Said application is not in substantial compliance with the applicable requirements of the Broomfield Municipal Code. The application is deficient for the following reasons: a. b. Section 2. This Resolution constitutes the written report, findings, and recommendation or decision of the Broomfield Planning and Zoning Commission. Section 3. Recommendation. On the basis of the above, the Broomfield Planning and Zoning Commission recommends denial of the application. PASSED on June 13, 2016. Chairman Planning and Zoning Commission Secretary Planning and Zoning Commission Item 4.c. - Page 15