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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. 2 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 3 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 4