HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/18/2003 - SECOND READING OF ORDINANCE NO. 036, 2003, AMENDIN AGENDA ITEM SUMMARY ITEM NUMBER: 10
FORT COLLINS CITY COUNCIL DATE: March 18, 2003FROM
Ted Shepard
SUBJECT:
Second Reading of Ordinance No. 036, 2003, Amending the Land Use Code by Adding Grocery
Stores as a Permitted Use in the Commercial Zone District and Amending the Definitions of the
Terms "Grocery Store" and "Supermarket".
RECOMMENDATION:
Staff and the Planning and Zoning Board recommend adoption of the Ordinance on Second
Reading.
EXECUTIVE SUMMARY:
This Ordinance, which was unanimously adopted on First Reading on March 4, 2003, makes
three text amendments to the Land Use of Code for the following sections:
1. Section 4.17(B)(3)(b) to include "Grocery Stores" as a permitted use in C,
40 Commercial zone district;
2. Section 5.1.2 to change the definition of "Grocery Store" by increasing the
maximum allowable size from 25,000 to 45,000 square feet;
3. Section 5.1.2 to change the definition of "Supermarket" by increasing the
minimum required size from 25,001 square feet to 45,001 square feet.
ORDINANCE NO. 036, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE BY ADDING
GROCERY STORES AS A PERMITTED USE IN
THE COMMERCIAL ZONE DISTRICT AND AMENDING
THE DEFINITIONS OF THE TERMS "GROCERY STORE" AND "SUPERMARKET"
WHEREAS, Division 2.9 of the Land Use Code provides, among other things, that any
resident of the City or any owner of property within the City may apply to the City Council for an
amendment to the text of the Land Use Code; and
WHEREAS, pursuant to Section 2.9.3(B), Fort Collins WF 02, LLC, a Colorado limited
liability company(the "Applicant"), as an owner of real property within the City,has applied for an
amendment to Section 4.17(B)(3)(b) of the Land Use Code for the purpose of adding to the list of
permitted use subject to review by the Planning and Zoning Board under the commercial-retail
category, the use of"grocery stores"; and
WHEREAS,the Applicant has further requested an amendment to Section 5.1.2 of the Land
Use Code to amend the definition of the term"grocery store"by increasing the maximum allowable
size from 25,000 to 45,000 square feet and by amending the definition of "supermarket" by
increasing the minimum required size from 25,001 square feet to 45,001 square feet; and
WHEREAS, City staff and the Planning and Zoning Board have reviewed the proposed
amendments and have made favorable recommendations to the Council regarding the amendments;
and
WHEREAS, the Council has determined that the Land Use Code amendments which have
been proposed are in the best interest of the City and its citizens.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 4.15(B)(3)(b) of the Land Use Code is hereby amended by the
addition of a new subparagraph 14 to read as follows:
14. Grocery stores.
Section 2. That the definitions of the terms "grocery store" and "supermarket" as
contained in Section 5.1.2 of the Land Use Code are hereby amended to read as follows:
Grocery store shall mean a retail establishment which primarily sells food,
but also may sell other convenience and household goods, and which
occupies a space of at least five thousand (5,000) square feet but not more
than forty-five thousand (45,000) square feet.
Supermarket shall mean a retail establishment primarily selling food, as
well as other convenience and household goods, which occupies a space of
not less than forty-five thousand one (45,001) square feet.
Introduced and considered favorably on first reading and ordered published this 4th day of
March, A.D. 2003, and to be presented for final passage on the 18th day of March, A.D. 2003.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 18th day of March, A.D. 2003.
Mayor
ATTEST:
City Clerk
AGENDA ITEM SUMMARY ITEM NUMBER: 17
DATE: March 4, 2003
FORT COLLINS CITY COUNCIL FROM:
Ted Shepard
SUBJECT :
First Reading of Ordinance No. 036, 2003, Amending the Land Use Code by Adding Grocery
Stores as a Permitted Use in the Commercial Zone District and Amending the Definitions of the
Terms "Grocery Store" and "Supermarket".
RECOMMENDATION:
Staff and the Planning and yZoning Board recofinend adoption of the Ordinance on First
Reading.
EXECUTIVE SUMMARY:
A request has been made for three text amendments to the Land Use of Code for the following
sections:
t
1. Section 4.17(B)(3)(b) tof inclu& `Gr"ocery Stores" as a permitted use in C,
Commercialzone4district; y _=L
2. Section 5.1.2 to change the definition of "Grocery Store" by increasing the
maximum allowable size from 25,000 to 45,000 square feet;
3. Section 5.1.2 to change the definition of "Supermarket" by increasing the
minimum required size from 25,001 square feet to 45,001 square feet.
These are applicant-initiated text amendments. The Planning and Zoning Board voted 6-0 to
recommend approval of the three amendments"t3 the Larid Use Code.
BACKGROUND: =a
The C, Commercial zone district is the former "Highway Business" zone which is the South
College Avenue shopping area. This is the largest retail shopping district in the city and includes
the Foothills Mall, University Center and a wide variety of retail and service uses. The three
proposed text amendments would apply district-wide.
These three text amendments are triggered by the conversion and re-use of the old Montgomery
Ward building at 2201 South College Avenue. The applicants and owners seek to occupy a
portion (approximately 44,000 square feet) of the structure with a Whole Foods Grocery Store.
The property is located at the intersection of College Avenue and Rutgers Avenue. The parcel
is zoned C, Commercial.
DATE: ITEM NUMBER:
The three proposed text amendments are being processed as a private sector request in
accordance with Section 2.9 of the Land Use Code. Supermarkets will continue to be prohibited
in the C, Commercial zone district thus preserving the incentive to steer such uses into the N-C,
Neighborhood Center, district.
The applicant, Whole Foods, is a retail operation specializing in upscale, gourmet, organic
groceries and other items. Under Article 5 of the Land Use Code, there are two pertinent
definitions and under Article 4 there is the list of permitted uses in the C, Commercial zone
district:
A. Grocery Store shall- can a retail-e tablishment which primarily sells food, but
also may sell other n emence a d household goods, and which occupies a
space of at least five thousand (5,000)square feet but not more than twenty-five
thousand (25,000)square feet.
B. Supermarket shall mean a retail establishment primarily selling food, as well as
other convenience and household goods, which occupies a space of not less than
twenty-five thousand one (25,001) square feet.
C. Under Article 4, in the list of permitted land uses within the Commercial zone
district, neither Supermarkets nor Grocery Stores are permitted.
Since the size of Whole Foods exceeds,'25,000, square feet, the land use is considered to be a
Supermarket. i
In order for the City to consider allowing Whole Foods to occupy a maximum of 45,000 square
feet of a building in the Commercial zone district, the applicant proposes the three text
amendments.
In support of the application, a Trip Generation Analysis has been submitted demonstrating
fewer trips generated for a Whole Foods than either a typical supermarket or a retail store of
comparable size. (See attached.)
The study uses the I.T.E. Trip-Generation 6th Edition a"s the source of the data. The study
concludes that a Whole Foods store wor d gene,r�ate es trafficJhan a typical supermarket of the
same size. Similarly, the study concludes thaVa hole Foods will generate less traffic than a
typical retail store of the same size id a shoppi g center. _..?a.
The City's Traffic Engineer has reviewed the study and agrees with its conclusions. The site is
served by the South College/Rutgers intersection which will continue to operate at level of
service "A". The site is functionally a part of the University Center which enjoys multiple points
of access. Further, the location along the Mason Street Corridor creates an exciting potential for
a destination land use and a possible transit stop. Based on these factors, Whole Foods is an
appropriate land use within South College Avenue regional shopping district.
DATE: ITEM NUMBER:
In evaluating the request for the three text amendments, staff made the following findings:
• There are innovations and trends in the food retailing industry, such as specialty food
stores, that were not contemplated in the original drafting of the Land Use Code in
1996-1997. The Land Use Code, under Section 2.9, provides an opportunity to
respond to these trends.
• It remains a top priority for the N-C, Neighborhood Center, zone district to be
anchored by either a Grocery Store or Supermarket. The three proposed text
amendments do not diminish this potential.
• Supermarkets will continue to � prohibitA in e C;Commercial zone district thus
preserving the incentive to steer such uses iihi d the N-C district.
• The Transportation Impact Study indicates that a 45,000 square foot Grocery Store
offering specialty food items attracts shoppers from a community-wide basis versus a
neighborhood-wide basis. Thus the Commercial zone is an appropriate district in
which the enlarged Grocery Store would fit in and complement the other community-
serving uses.
• A Whole Foods grocery store would generate fewer trips than either a typical
supermarket or retail store of comparable size.
• There are no transportation infrastructuie�deficiencies. The site is a re-use of an
existing building on anjn-fill parcel. `Excellent access is provided by a signalized
intersection that operates at Level of Service "A". Cross-access with the University
Center is preserved by existing easements. The site is within walking and biking
distance of both the South College Heights neighborhood and the Natural Resources
Research Center. The location along the Mason Street Corridor offers an exciting
opportunity for a destination land use and a transit stop and complies with the land
use framework of the Mason Street Corridor Plan.
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