HomeMy WebLinkAbout111 - 07/19/1994 - ESTABLISHING A TEMPORARY SUSPENSION OF THE PROCESSING OF APPLICATIONS FOR RETAIL SUPERSTORES WITHIN ORDINANCE NO. 111, 1994
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING A TEMPORARY SUSPENSION OF THE PROCESSING OF
APPLICATIONS FOR RETAIL "SUPERSTORES" WITHIN THE CITY
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 and the Land Development Guidance
System; and
WHEREAS, the Goals and Objectives element of the City's Comprehensive Plan
directs the City to: (1) develop a land use plan which will indicate preferred
locations for the various types of economic activities within the City; (2)
protect the character of new and existing residential neighborhoods against
intrusive and disruptive surrounding development; (3) ensure that future
development in the City will be accomplished so as to create the least
degradation of the environment; and (4) promote better integration of land
development and transportation facilities; and
WHEREAS, the City has recently received applications and/or informal
proposals for various retail "superstores" to be located within the City, which
superstores present unique land use planning concerns by reason of the bulk, size
and scale of such stores, especially with regard to the aesthetic and
transportation impacts of the same; and
WHEREAS, considerable study is needed to determine the appropriate location
for such uses and the kinds of criteria that should be adopted to regulate the
design of the same, as well as the kind of infrastructure requirements that may
be necessary to accommodate such uses.
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 the City has recently been presented with development proposals
for large, general and special merchandise stores, sometimes known
as "superstores. "
(b) That the bulk, size and scale of such superstores present unusual
land use concerns for the City, especially with regard to the
aesthetic and transportation impacts of such uses.
(c) That considerable study is needed in order to determine the
appropriate location for such land uses, the kind of design criteria
which should be used to mitigate the visual impacts of the same, and
the kind of infrastructure requirements which should be imposed to
offset the parking and traffic impacts of such developments.
(d) That the development of superstores, in the absence of appropriate
regulatory guidelines, may have an irreversible negative impact upon
the City.
(e) That the City has not heretofore studied the impacts of superstores,
nor has it established TocationaT criteria to ensure that such
stores are developed in harmony with the City's Comprehensive Plan,
and, particularly, the Goals and Objectives element thereof.
(f) That the integration of land development and transportation
facilities goal of the City's Comprehensive Plan requires that the
City study and develop criteria for the purpose of regulating the
design of multi-modal transportation access to any superstores that
might choose to locate in the City.
(g) That it is necessary in the public interest to delay, for a
reasonable period of time, the processing of any applications for
such stores, to ensure that the design, development and location of
the same are consistent with the long-term planning objectives of
the City.
(h) That, during the abovementioned period of time, the City should: (1)
analyze and determine the type of vehicular trips that are generated
by superstores to determine whether such trips are predominately
regional , community or neighborhood in nature, in order to establish
criteria for the appropriate location of such stores from a
transportation standpoint; (2) develop appropriate criteria for
regulating the size, architectural design and functional aspects of
such superstores to ensure that they are not disruptive to
surrounding development; (3) develop criteria regarding the
establishment of parkin[ requirements for superstores to ensure that
an adequate supply of parking spaces remains available City-wide to
serve the overall street, highway and parking systems in the City;
and (4) establish criteria regarding the regulation of the truck
traffic that is needed to supply and service such superstores, to
ensure that such regulations are in harmony with the transportation
provisions of the Goals and Objectives element of the City's
Comprehensive Plan.
Section 2. That, as of the effective date of this Ordinance, no Overall
Development Plans, preliminary planned unit development applications,
applications for site plan review or building permits for superstores within the
City 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, "superstore" shall
mean any building, or combination of buildings, intended- to- be use& prig cWl ly
for the purpose of retail sales and marketing, which exceed(s) eighty thousand
(80,000) square feet in size, and for which a single certificate of occupancy
would be issued under Section 29-5 of the City Code.
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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 or site plan reviews that have received
preliminary or final approval by the City on or before the effective date of this
Ordinance.
Section 5. 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
superstores within the City and to make specific recommendations regarding any
proposed amendments to the provisions of the Comprehensive Plan, the Land
Development Guidance System, the zoning ordinances and/or the subdivision
ordinances of the City as they relate to such superstores.
Section 6. 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 for large retail and
merchandising establishments within the City as specified in this Ordinance shall
terminate as of January 29, 1995.
Introduced, considered favorably on first reading, and ordered published
this 5th day of July, A.D. 1994, and to be prese d for final pas on the
19th day of July, A.D. 1994.
X � .
ay or
ATTEST:
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City Clerk
Passed and adopted on final reading this 19th day of July, A.D. 1994.
Mayor
ATTEST:
City Clerk
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