HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/04/2003 - FIRST READING OF ORDINANCE NO. 036, 2003, AMENDING 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 Zoning Board recommend 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:
40
1. Section 4.17(B)(3)(b) to include "Grocery Stores" as a permitted use in C,
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.
These are applicant-initiated text amendments. The Planning and Zoning Board voted 6-0 to
recommend approval of the three amendments to the Land Use Code.
BACKGROUND:
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.
MOM 4, 200-3
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 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 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.
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 as the source of the data. The study
concludes that a Whole Foods store would generate less traffic than a typical supermarket of the
same size. Similarly, the study concludes that a Whole Foods will generate less traffic than a
typical retail store of the same size in a shopping center.
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 be prohibited in the C, Commercial zone district thus
preserving the incentive to steer such uses into 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 infrastructure deficiencies. The site is a re-use of an
existing building on an in-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.
• 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:
f4
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 orty-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
4bGDA Real Estate Services, LLC
8301 East Prentice Avenue, Suite 210
Greenwood Village, Colorado 80111
February 4, 2003
Ginger Dodge
City of Fort Collins
300 La Porte Avenue
P.O. Box 580
Fort Collins, CO 80522-0580 VIA: FEDERAL EXPRESS
RE: 2201 S. College Avenue, Ft. Collins, Colorado
Dear Ginger:
Enclosed you will find a$200.00 check for the document fees at the February 20`h, 2003 City
Council meeting regarding the above-referenced address. Thank you in advance for your help
with this matter. Should you need anything further, please call.
. Thank you,
119
a-w�w7
Penny Basso
Assistant to Gary J. Dragul
plb
encl: as stated
•
Phone: (303) 221-5500 Fax: (303) 221-5501
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February 3, 2003
Cate F,nogan
Attorney at taw
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VIA FACSIMILE—970-416-2020
Cameron Gloss
Director of Current Planning
City of Fort Collins
300 La Porte Avenue
P. O Box 580
Fort Collins, CO 80522-0580
RE: Text Amendment to Change Definition of"Grocery Store"
Dear Mr. Gloss:
Pursuant to our conversations with Deputy City Attorney Paul Eckman and with you,
on behalf of Fort Collins WF 02, LLC, a Colorado limited liability company("Property
Owner'),we today are applying to begin the process of a text amendment to the
City of Fort Collins Land Use Code (the"Code").
Most specifically pursuant to Section 2.9.3(B)(b), we are applying to amend the text
of the Code. Please be advised also by this letter that the Property Owner is the
owner of land located within the municipal boundaries of the City of Fort Collins.
most specifically located at 2201 South College Avenue, Fort Collins. Colorado
First, we wish to propose that the definition for Groce,(y Stora, pursuant to Section
5.1.2 of the Code now reads, as follows.
Grocery Store shall mean a retail establishment which primarily Sens
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.
Accordingly, we also are requesting that the definition for Supermarket, pursuant to
Section 5.1.2 of the Code be changed to read, as follows-
Supermartcet shall mean a retail establishment primarily selling food,
as well as other convenience and household goods, which occupies
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Cameron Gloss
February 3.2003
Page 2
a space of not less than forty-five
thousand one (45.001)square feet.
Lastly, we are requesting that Section 4.17(8)(3)(0) be amended and that Grocery
Store be added to Section 4.17(8)(3)b)as a permitted Commercial/Retail use More
specifically, a Grocery Store would be a use permitted in the Central Commercial
District, subject to review by the Planning and Zoning Board.
Please feel free to call me promptly at 303-223-1161 if you have any questions
about the foregoing or if I can provide any additional information to you. Thank you
for your prompt attention to this request.
Sincerely yours,
Cole Finegan
PCF/sly vv
cc, Robert Kaufmann, Esq.
Gary J Dragul
Paul Eckman, Esq.
6479%&752152.1
Sunmary of Trip Generation Calculation
For 44 T.G.L.A. of Shopping Canter
February 19, 2003
Average Standard Adjustment Driveway
Rate Deviation Factor Volume
Avg. Weekday 2-Way Volume 91.38 0.00 1.00 4021
7-9 AM Peak Hour Enter 1.36 0.00 1.00 60
7-9 AM Peak Hour Exit 0.87 0.00 1.00 38
7-9 AM Peak Hour Total 2.23 0.00 1.00 98
4-6 PM Peak Hour Enter 3.98 0.00 1.00 175
4-6 PM Peak Hour Exit 4.32 0.00 1.00 190
4-6 PM Peak Hour Total 8.30 0.00 1.00 365
AM Pk Hr, Generator, Enter 0.00 0.00 1.00 0
AM Pk Hr, Generator, Exit 0.00 0.00 1.00 0
AM Pk Hr, Generator, Total 0.00 0.00 1.00 0
PM Pk Hr, Generator, Enter 0.00 0.00 1.00 0
PM Pk Hr, Generator, Exit 0.00 0.00 1.00 0
PM Pk Hr, Generator, Total 0.00 0.00 1.00 0
Saturday 2-Way Volume 124.12 0.00 1.00 5461
Saturday Peak Hour Enter 6.04 0.00 1.00 266
Saturday Peak Hour Exit 5.58 0.00 1.00 246
Saturday Peak Hour Total 11.62 0.00 1.00 511
Sunday 2-Way Volume 111.42 0.00 1.00 4902
Sunday Peak Hour Enter 1.53 0.00 1.00 67
Sunday Peak Hour Exit 1.59 0.00 1.00 70
Sunday Peak Hour Total 3.12 0.00 1.00 137
Note: A zero indicates no data available.
The above rates were calculated from these equations:
•
Summary of Trip Generation Calculation
For 44 Th.Gr.Sq.Ft. of Supermarket
February 19, 2003
Average Standard Adjustment Driveway
Rate Deviation Factor Volume
Avg. Weekday 2-Way Volume 111.51 0.00 1.00 4906
7-9 AM Peak Hour Enter 1.98 0.00 1.00 87
7-9 AM Peak Hour Exit 1.27 - 0.00 1.00 56
7-9 AM Peak Hour Total 3.25 3.11 1.00 143
4-6 PM Peak Hour Enter 5.87 0.00 1.00 258
4-6 PM Peak Hour Exit 5.64 0.00 1.00 248
4-6 PM Peak Hour Total 11.51 4.76 1.00 506
AM Pk Hr, Generator, Enter 4.92 0.00 1.00 - 216
AM Pk Hr, Generator, Exit 5.13 0.00 1.00 226
AM Pk Hr, Generator, Total 10.05 3.96 1.00 442
PM Pk Hr, Generator, Enter 6.37 0.00 1.00 280
PM Pk Hr, Generator, Exit 5.65 0.00 1.00 249
PM Pk Hr, Generator, Total 12.02 4.75 1.00 529
Saturday 2-Way Volume 177.59 0.00 1.00 7814
Saturday Peak Hour Enter 6.25 0.00 1.00 275
Saturday Peak Hour Exit 6.00 0.00 1.00 264
Saturday Peak Hour Total 12.25 4.63 1.00 539
Sunday 2-Way Volume 166.44 0.00 1.00 7323
Sunday Peak Hour Enter 0.00 0.00 1.00 0
Sunday Peak Hour Exit 0.00 0.00 1.00 0
Sunday Peak Hour Total 18.93 0.00 1.00 833
Whole Foods Trip Generations estimated at 3750 trip ends per day. This represents a 31%reduction in trips generated by Whole
Foods than an average supermarket.
Source: Institute of Transportation Engineers
Trip Generation, 6th Edition, 1997.
TRIP GENERATION BY MICROTRANS
Memorandum
To: City Council Members
Thru: Cameron Gloss,Director of Current Planning
From: Georgiana Defines,Administrative Support Supervisor
Date: 2/26/2003
Re: Summary of the Planning and Zoning Board Hearing Comments and Decision for three
Land Use Code Text Amendments.
On February 19, 2003, the Planning and Zoning Board voted 6-0 (Member Colton
was absent) to recommend approval of three Text Amendments to the Land Use
Code.
Member Gavaldon pulled this item from the consent agenda for discussion. He was
concerned with the parking.
Planner Shepard reported that in his conversation with the Traffic Operations
Engineer, the comparative data that the Board received from both the applicant's
traffic consultant, and from the information Eric Bracke pulled from the TTE, 6`"
Edition, was that the trip generation rates for a supermarket and for a retail store are
higher than the trip generation rates for the Whole Foods at 45,000 s.f. across all the
categories.
The level of service at College Avenue and Rutgers is at"A" at both the A.M. and
P.M. peak. There are no transportation infrastructure deficiencies in the area. There
is cross access throughout the entire center, although this particular property is
technically and legally not part of the center,the cross access easements have been
preserved. There are opportunities for access to the Mason Street Corridor and
opportunities for access to the Natural Resources Research Center. It is within the
level of service for bikes and pedestrians for the South College Heights
neighborhood and the Centre for Advanced Technology.
There was no public participation.
There were no other Board comments or questions.
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