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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/04/2003 - SECOND READING OF ORDINANCE NO. 189, 2002, AMENDIN AGENDA ITEM SUMMARY ITEM NUMBER: 33 FORT COLLINS CITY COUNCIL DATE: February 4, 2003FROM• Clark Mapes SUBJECT : Second Reading of Ordinance No. 189, 2002, Amending Section 4.15(13)(3)(c) of the City of Fort Collins Land Use Code by adding Supermarkets as a Permitted Use in the Community Commercial - North College Zone District. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: Ordinance No. 189, 2002, which was adopted 4-3 (Nays: Councilmembers Roy, Kastein and Hamrick) on First Reading on December 17, 2002, amends Section 4.15(13)(3)(c) of the Code adding Supermarkets (over 25,000 square feet) as a permitted use within the C-C-N, Community 410 Commercial - North College zone district. At the December 17 hearing, Council discussed various aspects and competing issues related to the request for this Code amendment. ORDINANCE NO. 189, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 4.15(B)(3)(c) OF THE CITY OF FORT COLLINS LAND USE CODE BY ADDING SUPERMARKETS AS A PERMITTED USE IN THE COMMUNITY COMMERCIAL-NORTH COLLEGE ZONE DISTRICT 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),Smith Investments,LLC,as both a resident of the City and an owner of real property within the City, has applied for an amendment to Section 4.15(B)(3)(c)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"supermarkets"; and WHEREAS, the staff of the City and the Planning and Zoning Board have reviewed the proposed amendment and have made recommendations to the Council regarding the amendment; and WHEREAS,the Council has determined that the Land Use Code amendment which has been proposed is in the best interest of the City and its citizens. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 4.15(B)(3)(c) of the Land Use Code is hereby amended by the addition of a new subparagraph 4 to read as follows: 4. Supermarkets. Introduced and considered favorably on first reading and ordered published this 17th day of December,A.D. 2002,and to be presented for final passage on the 4th day of February,A.D. 2003. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of February, A.D. 2003. Mayor ATTEST: City Clerk AGENDA ITEM SUMMARY ITEM NUMBER: 33 FORT COLLINS CITY COUNCIL DATE: December 17, 2002 FROM: Clark Mapes SUBJECT : First Reading of Ordinance No. 189, 2002, Amending Section 4.15(B)(3)(c) of the City of Fort Collins Land Use Code by adding Supermarkets as a Permitted Use in the Community Commercial - North College Zone District. RECOMMENDATION: ~, -� r U . . Staff recommends denial of this Ordinance. On 'November 2002, the Planning and Zoning Board voted 2-2 (Meyer, Carpenter and Bernth absent) on a motion to recommend denial of the Ordinance. EXECUTIVE SUMMARY: This is a request to add Supermarkets (over 25,000 square feet) as a permitted use within the C- C-N, Community Commercial - North College,zone district.-Attachment 1 is a map showing C- C-N-zoned areas. , The C-C-N zone does not permit large retail buildings or supermarkets over 25,000 square feet in floor area. (Retail stores and grocery stores under 25,000 sq. ft. are permitted.) This zone, along with Standards and Guidelines, was specifically written for the property in question in a public planning process. It is intended for mixed uses of moderate scale and intensity in a pedestrian-oriented arrangement. It suggests that new buildings should be brought together along Willox and new internal streets; and also that buildings next to natural features on the property should have outdoor spaces for people that open onto those features and provide attractive views. A large retail building footprint and parking lot is inconsistent with these ideas. In addition to being inconsistent with the area-specific plan, this request is also inconsistent with the general land use provision em P The reason for the request is apyjic is ' efo devel ment of a supermarket shopping center at the northeast corner of the mtersec if"on oh Col ege Avenue and Willox Lane. ACKGROUND: Two new zone districts, with Standards and Guidelines, were adopted along with the North College Avenue Corridor Plan in 1995, following a public planning process. One of the zones, originally named `B-C, Business Center', was renamed `C-C-N, Community Commercial-North College', and adapted to fit the Land Use Code format in 1997. The renaming did not change the content or intent of the zone. The C-C-N zone is for uses of moderate scale and intensity, and it prohibits retail sales in buildings larger than 25,000 square feet in floor area - either as "big box retail" or as supermarkets. ecem er DATE: ITEM NUMBER: JJ The focus of discussion is on the northeast corner of the intersection of North College Avenue and Willox Lane; however, note that one other area is also zoned C-C-N, south of Conifer Street and west of Redwood Street, behind the properties facing North College Avenue. Zone District Purpose Statement. Section 4.15(A) of the Land Use Code states: " The Community Commercial - North College District is for fringes of retail/commercial core areas and corridors. This District is intended for moderate intensity uses that are supportive of the commercial core or corridor, and that help to create a transition and a link between the commercial areas and surrounding residential areas. This designation is only for areas identified for its application in the North College Corridor Plan." �r The `commercial core or corridor in-this case is the main North College Avenue strip of commercial uses including the existing Albertson's%shopping center. The Plan and the Standards and Guidelines promote the development of mixed uses along a street and sidewalk network in this zone, with characteristics similar to parts of downtown such as the Lincoln Center area. The C-C-N areas also offer special opportunities to blend development and activity with wetlands and stands of large trees that exist in the subject areas. Fort Collins Comprehensive Plan (City Plan). In 1997, 2 years after the North College Avenue Corridor Plan was adopted, City Plan was adopted. Locating supermarkets strategically is a major aspect of City Plan. Supermarkets are a particularly crucial land use, with supermarket-based Neighborhood C mmercial-Di tricts shown as focal points on the City Plan's land use plan known as the City Structure Plan.; ._.. `? ✓ This special attention on supermarket-based districts clarifies and strengthens a long-standing history of encouraging dispersal of supermarkets, and avoiding tendencies for them to proliferate along College Avenue. Besides being inconsistent with the area-specific plan for North College, the request to add supermarkets to the C-C-N zone is also inconsistent with the Structure Plan and its supporting policies. APPLICANTS' REQUEST AND'SA F111011J, P*NS The applicant's interest in thi guest is to a superm ket across the street, to the north, from the existing Albertson's guest o orth Co ege and Willox Lane. The formal request is included as Attachment 2. Supermarkets vs Grocery Stores. A primary basis of the applicant's argument is that trends in market forces tend not to support grocery stores under 25,000 square feet, and that such a smaller grocery store, which is permitted, is not likely to be developed. In short, market forces favor large chain supermarkets over small grocery stores. Staff finds this to be a false dilemma. There is no problem if a smaller grocery store is not included in development. Many other uses are listed in the zone, and whether or not grocery sales are part of any development is not an issue. DATE: ITEM NUMBER: Underserved Market. Another contention of the request is that there is an underserved market in north Fort Collins. Staff has no definitive information on the market, except to note that the market area would be the same one served by the Albertson's. In conversation with Albertson's, staff understands that the store does about an average volume of weekly sales. This means little in the public policy decision, except to undermine any speculation that there is a large northern market that needs two stores side by side. If an underserved market in north Fort Collins is to be discussed, discussion should acknowledge the underserved market for other uses which do not already exist in the area. This would seem to undermine the contention that an underserved market justifies another supermarket.. Quality Redevelopment. The applicant corgends that a new supermarket shopping center would spur quality redevelopment in the North College corridoi;,generally. In general, staff acknowledges the maxim that "activity breeds activity". However, this contention raises a number of questions about what quality means, given that the scale and character of a supermarket center itself does not fit the vision of the zone district. This contention also raises questions about whether another supermarket center would spur quality redevelopment; or spur decline of the existing shopping center across the street. Economic Power of a Supermarket Chain. Finally, at the P&Z hearing, the applicants spoke of the high costs of 1) buying ouf"adjacent ownersto assemble property, and 2) upgrading infrastructure. Both of these costs come together Jn_the need:for additional street right-of-way (R.O.W.) for turn lanes and a median on Witox and an acceleration lane on North College, which would be required of development on-the property. 'R.O.W. for these widenings would need to come from property the applicants don't currently own. They contended that a commercial development of this scale and intensity is needed to pay the costs of developing the subject property. The applicants pointed out that a few years ago, they made an earnest attempt at a development plan fitting the vision of the zone district, but it was not financially feasible. Staff finds no public policy bas=to,vvp rt�a�t�inR e IV use-which does not fit the larger vision, because of its "deep pockets Tht tenst consideration with significant implications. If Council finds that the st e app rsveh le under the current zoning, then Staff contends that the issue sho ld-b'e a dress�e��ed ifferen , more complete process to update the zone and its standards. PLANNING AND ZONING BOARD DISCUSSION AND STAFF RESPONSE The Board's discussion was related to a motion to recommend denial of the applicant's request. Two members spoke in support of the motion, and two members spoke against the motion, i.e. in favor of the request. Attachment 3 is a memo summarizing the Board's discussion. e em er DATE: ITEM NUMBER: JJ Points in Favor of the Motion (Opposing the Request) Uphold the Plan. A Board member noted that this district was put together for a purpose, and the point is that this is one place specifically envisioned to get something other than a typical shopping center development. Wrong Way to Change the Plan. A Board member noted that time and effort was put into the North College Plan, and if it needs to be changed,just adding this use in this process is not the right way to change it. If development financing issues render the original vision unworkable, then maybe a sub-committee of people who worked on the plan and other stakeholders should reconvene and update the plan. Dispersal of Supermarkets. A Board members`tated a concern about two adjacent m k Y t'.< supermarkets when City Plan reflects ideas to disperse them._,.1 Points in Opposition to the Motion (in Favor of the Request) Design Can Accomplish Standards and Guidelines Despite Large Footprint. A Board member stated that he was on the fence, but he could envision a design solution that would achieve the things this district is trying to achieve, by breaking up the mass of a big building and parking lot. However, he also acknowledged the caveat that it would be very difficult to actually achieve if not spelled out in advance with standards. Another member also thought that local design standards are strong enough 16 make the use work land stated that staff should be open and creative to allow these applicants to,'Work w th n_therconsuaints they are faced with. ' Y � Staff contends that IF the zone is to be opened up to Ca g footprint retail, it should be considered in a more complete process than this request for supermarkets. Standards and Guidelines Are Compromised by the Albertson's Center. Member Torgerson noted that the existing Albertson's presents an unattractive pedestrian relationship to Willox and is an example of what we would not want to see on the subject property, but it undermines the idea of a pedestrian streetfront suggested in the Standards and Guidelines. Staff suggests that the pedestrian vrijnt on-of th Wil x. ree ont will be a matter of degree, and would be addressed in devyelopmen evie . More Consumer Shopping C oice: embeAa ldon disc sed this idea, concluding that this is a reason to support the request. Similar to the development financing argument in favor a "deep pocket" use, staff finds no policy basis for this as a reason to support the request. However, after considering this idea on its merits, staff questions whether adding a supermarket across the street from the existing one would help consumer choice as much as complementary development of uses that do not already exist in north Fort Collins. IF Council finds that the zone should be opened up to a large footprint use, then is another supermarket a good way to serve consumers, or a lost opportunity for other uses? Does it make sense to open the zone to supermarkets but not other large retail uses or theaters? cem er DATE: ITEM NUMBER: STAFF CONCLUSION Staff opposes the request on the grounds that the large footprint use is inconsistent with the intent and purpose of the zone district, which was specifically tailored to address unique opportunities for the North College Corridor. In addition, staff finds that all of the points in favor of the request are too clouded by counterpoints to support the request based on any of them. If Council finds that the zone should be changed, then staff recommends that Council instruct staff to take a more complete look at the issues in a more complete process. ATTACHMENTS 1. Map of subject zone distnct (brigmally'named B-C as noted above, later renamed C-C- N). 2. Request for Land Use Code.,text aimendment'from applicant (18 pages). 3. Memo summarizing Planning and Zoning Board discussion. 4. Pages 1, 6-7, and 13-14 of Standards and Guidelines for the North College Avenue Corridor, B-C Business Center District. These 5 selected pages from the Standards and Guidelines give a sense of the aim of the zone district. Pages 6-7 speak directly to the Willox/College site. g k - - - COF AL_