HomeMy WebLinkAbout103 - 07/05/1994 - ESTABLISHING A TEMPORARY SUSPENSION OF THE PROCESSING OF APPLICATIONS FOR RETAIL AND COMMERCIAL PLAN OPTION lA
Suspends all Retail and Commercial
1-26 to College
ORDINANCE NO. 103, 1994
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLTSTNA TE S S. H. M SING- OF
APPLICATIONS FOR RETAIL AND COMMERCIAL PLANNED UNIT
DEVELOPMENTS AND SITE PLAN REVIEWS WITHIN THE HARMONY CORRIDOR
FOR A PERIOD OF SIX MONTHS
WHEREAS, the City of Fort Collins ("the City") , as a home rule
municipality, has broad constitutional and statutory powers to regulate the use
of land within its City limits; and
WHEREAS, pursuant to said authority, and the provisions of Article II,
Section 5, of the City Charter, the City has adopted certain policies, plans,
ordinances and resolutions pertaining to the development of property within the
City, including the City's Comprehensive Plan, the Harmony Corridor Plan and the
Land Development Guidance System; and
WHEREAS, the goals and objectives element of the City's Comprehensive Plan
directs the City to: (1) discourage strip commercial development along arterial
streets and highways; (2) enhance public street appearance with particular
attention to entrance highways; and (3) ensure that future development in the
City will be accomplished so as to create the least degradation of the
environment; and
WHEREAS, the Harmony Corridor Plan, adopted by the Council as a component
of the Comprehensive Plan through the adoption of Resolution 91-42, constitutes
a policy statement of the City with regard to the development of the Harmony
Corridor area and, in furtherance of the Comprehensive Plan, encourages and
supports mixed land use development in the Harmony Corridor, while discouraging
"strip commercial " development in said Corridor.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1. That the Council of the City of Fort Collins hereby makes the
following findings of fact:
(a) That, for the purposes of this Ordinance, the Harmony Corridor ("the
Corridor") is hereby defined as the area extending from the
intersection of Harmony Road and Interstate 25 west to College
Avenue, and extending approximately one-half (1/2) mile north and
south of Harmony Road.
(b) That the Corridor is the most southerly entrance point to the City
of Fort Collins and is a primary route for commuters and travelers
going to and from the Denver metropolitan area.
OPTION lA
(c) That the visual quality of the Corridor is exceptional , because of
its wide right-of-way, spacious medians and spectacular mountain
views, as well as its proximity to the Poudre River and various
lakes, wetlands and associated wildlife habitat.
(d) That the Corridor presents an important opportunity for the City to
develop an aesthetically pleasing and efficient gateway to the City.
(e) That the City has recently experienced a substantial increase in the
number of applications for new retail and commercial development in
the Corridor.
(f) That the influx of new retail and commercial development in the
Corridor, if not properly planned and regulated, could seriously
jeopardize the aesthetic quality of the Corridor and the efficient
flow of traffic therein, because of the potential visual impact of
such retail and commercial development, as well as the additional
traffic and parking problems that would be created by such
development.
(g) That Land Use Polices LU-4 and LU-5 of the Harmony Corridor Plan, as
recently amended by the Council through the adoption of Ordinance
No. 96, 1994, establish certain locational criteria for retail and
commercial development in the Corridor.
(h) That further interpretation and refinement of the Harmony Corridor
Plan is necessary in order to more adequately plan and provide for
the proper location, size, quantity, type and design of retail and
commercial development that should be permitted in the Corridor,
especially within those areas that lie between the arterial street
intersections in the Corridor.
(i ) That such policy determinations regarding retail and commercial
development, and the formulation of ordinances implementing said
policies, are critically important to the preservation and
appropriate development of the Corridor as an aesthetically pleasing
and efficient gateway to the City, and that such policy
determinations should be made prior to the approval of any
additional retail and commercial development in the Corridor.
(j) That a six (6) month delay in the processing of any applications for
retail or commercial development in the Corridor is essential to the
public interest, so as to avoid the approval of any retail or
commercial development in said area which may be incompatible with
the aesthetic, transportation and other land use planning interests
of the City.
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OPTION lA
(k) That during said six (6) month period of time, City staff and the
Planning and Zoning Board should intensively review the City's
policies regarding retail and commercial development within the
Corridor and recommend any necessary changes to the Harmony Corridor
Plan, together with implementation ordinances, which may be
necessary to appropriately accommodate such development while
minimizing the aesthetic and environmental impacts on the Corridor
and maximizing the efficient flow of vehicular, pedestrian and
bicycle traffic therein.
(1 ) That the foregoing delay in the processing of applications should
not apply to development applications within: (1) the existing
Harmony Market Shopping Center PUD (Parcel R, the Oak/Cottonwood
Farm Amended Overall Development Plan) , because the construction of
the Overall Development Plan for the same has been substantially
completed and the character thereof has already been established by
the construction of the three anchor stores at that location; or (2)
Parcels A, N and M of the OakRidge and OakRidge West Amended Master
Plan, because the character of the development to be constructed
within the area defined by said master plan has also been
established by the construction and/or approval of certain non-
residential uses therein.
Section 2. That, as of the effective date of this Ordinance and except as
provided in Section 5 below, no Overall Development Plans or preliminary planned
unit development applications, or applications for site plan review, for retail
or commercial development within the Harmony Corridor will be processed by City
staff or reviewed by the City's Planning and Zoning Board.
Section 3. That, for the purposes of this Ordinance, "retail or commercial
development" shall mean the following uses as described in the "City of Fort
Collins Standard Industrial Code List", a copy of which is on file with the City
Clerk's Office:
General merchandise stores
Food stores
Apparel and accessory stores
Furniture and home furnishing stores
Building materials and garden supply stores
Miscellaneous retail
Eating and drinking places
Hotels and lodging places
Personal services
Automotive dealers and service stations
Auto repair services and garages
Miscellaneous repair services
Motion pictures
Amusement and recreation services
Museums, botanical , and zoological gardens
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OPTION IA
Section 4. That the provisions of this Ordinance shall not affect the
processing of applications or the issuance of building permits for uses permitted
under planned unit developments that have received preliminary or final approval
by the City on or before the effective date of this Ordinance.
Section 5. That the provisions of this Ordinance shall not apply to the
review or approval of proposed uses within the Harmony Market Shopping Center PUD
(Parcel R, the Oak/Cottonwood Farm Amended Overall Development Plan) , or Parcels
A, N and M of the OakRidge and OakRidge West Amended Master Plan.
Section 6. That City staff is hereby directed to develop recommendations
to the Planning and Zoning Board and the City Council , within the succeeding six
(6) month period, pertaining to the location, size, quantity, type and design of
retail and commercial development within the Harmony Corridor and to make
specific recommendations regarding any proposed amendments to the provisions of
the Harmony Corridor Plan and the Land Development Guidance System as applied to
the Harmony Corridor.
Section 7. That the provisions of this Ordinance are temporary in nature
and are intended to be replaced by subsequent legislative enactment. The
temporary suspension of the processing of applications within the Corridor as
specified in this Ordinance shall terminate as of January 15, 1995.
Introduced, considered favorably on first reading, and ordered ublished
this 21st day of June, A.D. 1994, and to be presen r final piagon the
5th day of July, A.D. 1994.
'ffayor
ATT S
City Clerk
Passed and adopted on final reading this 5t ay)of July, A.D. 1
y or
or
ATTEST:
City Clerk
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