HomeMy WebLinkAboutCARMIKE THEATRE REZONE - 14-99 - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL COMMUNICATIONDivision 4.17, Commercial District Division J.1;fE)
(E) Development Standards.
(1) Prospect Road Streetscape Program.
(a) All development in this zone district that is located within
the planning area for the Prospect Road Streetscape
Program shall also comply with the Prospect Road
Streetscape Program Standards contained in that
document as adopted by the city, to the extent that such
Standards apply to the property proposed to be developed.
(2) Site Design.
(a) Pedestrian -oriented outdoor spaces shall be placed next to
activity areas that generate the users (such as street
corners, shops, stores, offices, day care and dwellings).
Because liveliness created by the presence of people is the
main key to the attractiveness of such spaces, to the
maximum extent feasible, the development shall link
outdoor spaces to and make them visible from streets and
sidewalks. Sculpture, kiosks or shelters are encouraged to
be prominently placed in outdoor spaces.
(b) In multiple -building developments, outdoor spaces and
landscaped areas shall be integral to an open space system
in conjunction with streets and connections, and not
merely residual areas left over after buildings and parking
lots are sited.
(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §§55-58, 12/15/98)
Article 4, Page 120
Supp. 4
Division 1.17. Commercial District
Division 1.17(8)
(b) Commercial/Retail Uses:
1.
Drive-in restaurants.
2.
Recreational uses.
3.
Large retail establishments.
4.
Vehicle major repair, servicing and maintenance
establishments.
5.
Vehicle and boat sales and leasing establishments `
with outdoor storage.
6.
Enclosed mini -storage.
7.
Retail and supply yard establishments with
outdoor storage.
8.
Parking lots and parking garages (as a principal
use).
9.
Child care centers.
I0.
Unlimited indoor recreational uses and facilities.
(c) 'Industrial Uses:
1.
Composting facilities.
(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted
uses in this Section or (2) determined to be permitted by the Director
pursuant to Section 1.3.4
of this Land Use Code shall be prohibited.
(D) Land Use Standards.
The maximum building height shall be four (4)
stories.
Article 4, Page 119
Supp. 4
Division 4.17. Commercial District
Division 4.17(8)
19.
Open-air farmers markets.
20.
Plant nurseries and greenhouses.
21.
Plumbing, electrical and carpenter shops.
22.
Clubs and lodges.
23.
Veterinary facilities and small animal clinics.
24.
Dog day-care facilities.
(d) Industrial Uses:
1.
Workshop and custom small industry uses.
(e) Accessory/Miscellaneous Uses:
1.
Satellite dish antennas greater than thirty-nine (39)
inches in diameter.
2.
Wireless telecommunication equipment.
3.
Wireless telecommunication facilities.
(3) .The following uses are permitted in the C District, subject to
review by the Planning and Zoning Board:
(a) Instittitional/Civic/PlubUc Uses:
Public and private schools, including colleges,
universities, vocational and technical training.
2.
Community facilities.
3.
Hospitals.
Article 4, Page 118
Supp. 4
Division 4.17. Commercial District
Division 4.17M
(c) CommerciaMetail Uses:
1.
Bed and breakfast establishments.
2.
Standard and fast food restaurants.
3.
Convenience retail stores without fuel sales.
4.
-Convenience retail stores with fuel sales.
_ 5.
Personal and business service shops.
6.
Offices, financial services and clinics.
7.
Artisan and photography studios and galleries.
8.
Retail establishments.
9.
Retail stores with vehicle servicing.
10.
Limited indoor recreation establishments.
11.
Vehicle minor repair, servicing and maintenance
establishments.
12.
Equipment rental establishments (without outdoor
storage).
_ 13.
Equipment, truck and trailer rental.
14.
Lodging establishments.
15.
Frozen food lockers.
16.
Funeral homes.
17.
Gasoline stations.
= 18.
Health and membership clubs.
Article 4, Page 117
Strpp. 4
s2.
1
Division 4.17. Commercial District Division 4.17(B)
parcel of property pursuant to the zone district regulations
in effect for such parcel on March 27, I997; and which
physically existed upon such parcel on March 27, 1997;
provided, however, that such existing use shall constitute
a permitted use only on such parcel of property.
(d) Institutional/Civic/Public Uses:
1. Neighborhood parks as defined by the Parks and
Recreation Policy Plan.
(2) The following uses are permitted in the C District, subject to
administrative review:
(a) Residential Uses:
1. Single-family attached dwellings.
2. Two-family dwellings.
3. Multi -family dwellings.
4. Group homes.
5. Boarding and rooming houses.
6. Mixed use dwelling units.
(b) Institutional/Civic/Public Uses:
1. Parks, recreation and other open lands, except
neighborhood parks as defined by the Parks and
Recreation Policy Plan.
2. Public facilities.
3. Places of worship or assembly.
4. Transit facilities without repair or storage.
Article 4, Page 116
Supp. 4
EN W •/1I I0.
Division 4.17, Commercial District
Division 4.17
DrvmON 4.17 CommRciAL Dwwcr (C)
Sapp. 4
(A) Purpose. The Commercial District is intended to be a setting for
development, redevelopment and infill of a wide range of community and
regional retail uses, offices and personal and business services.
Secondarily, it can accommodate a wide range of other uses including
creative forms of housing.
Whale some Commercial District areas may continue to meet the need for
auto -related and other auto -oriented uses, it is the city's intent that the
Commercial District emphasize safe and convenient personal mobility in
many forms, with planning and design that accommodates pedestrians.
(B) Permitted Uses.
(1) The following uses are permitted in the C District, subject to
Building Permit review, provided that such uses are located on
lots that are part of an approved site -specific development plan:
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
(b) Any use authorized pursuant to a site specific
development plan that was processed and approved either
in compliance with the Zoning Code in effect on March
27, 1997, or in compliance with this Land Use Code
(other than a final subdivision plat, or minor subdivision
plat, approved pursuant to Section 29-643 or 29-644 of
prior law, for any nonresidential development or any
multi -family dwelling containing more than four [41
dwelling units), provided that such use shall be subject to
all of the use and densityrequirements and conditions of
said site specific development plan.
(c) Any use which is not hereafter listed as a permitted use in
this zone district but which was permitted for a specific
Article 4, Page 115
AMCHMEVT 3
3.6screen theater
is coming attraction
Facility to go up at Harmony, Timberline will
be first in N. Colorado with stadium seating
By HAYLEY ROHR
The Coloradoan
Welcome to the millennium
where, in Fort Collins, big is in and
small is out.
Builders are preparing a lot on
Harmony and Timberline for the
biggest stadium seating theater to
come to Northern Colorado- Mean-
while, two of the city's oldest and
smallest movie theaters, Campus
West and Foothills Twin Cinema,
plan to ',close in the upcoming
months.
CmenIrk USA, a Texas -based
movie theater chain, has applied
for a building permit to construct a
16-screen theater complex at Har-
mony Village shopping center.
The closing deal is expected July
6.
"All over America, theaters are
emsolidating," said Steve Pfister, a
local real estate broker from Real
-
tec Commercial Real Estate Ser-
vices who is working on the deal
"Over the next 10 years, most
small theaters will be closing
dowm.7
Cmemark is following the trail of
the 10-screen Carmike Cinema
and Loveland's Metrolux 12 The-
aters.
Pfister said most theater chains
are now building up to 32-screen
complexes; and although Harmony
Village will be the biggest in town,
it is still on a comparatively small
scale.
Work on the parking lot, the
building's base and utility lines
have begun, but the construction of
the building isn't expected to start
until nudtluly, Pfister said.
The completion of the theater is
estimated for April 2000.
"When it's done, this will be a
very attractive facility, stadium
seating and all," said Fred Sauer,
from Alliance Construction Solu-
tions, which is doing site develop-
ment and infrastructure for the
theater.
Complete with ceramic We work
and the newest sound system,
Sauer said the complex will be dif-
ferent from what movie-goers are
used to.
Instead of a sloped floor, stadium
seating — a growing trend in
movie theaters — means the seats
are raised on tiers so the rows are
elevated one above the other, al-
lowing an unobstructed view of the
screen.
The 67,000-square-foot complex
is one of the first businesses to be-
gin construction at Harmony Vil-
lage. A few new restaurants, a First
National Bank, retail buildings
and a Schrader's Country Store
will also occupy the area, Sauer
said. All are expected to be com-
pleted by summer 2000.
Cinemark USA officials were
unavailable for comment; however;
a company theater recently built in
Virginia is equipped with featraes
like wall-to-wall screens, high-
backed rocking chairs and arm-
rests that retract.
Cinen=k has one theater in
Colorado Springs, two in Denver
and there are five or six other
prospective locations in Colorado.
Pfister said.
THE
GROUP
INC.
r
Existine Multi -Screen Theaters:
Carmike Theatres
3636 Manhattan Ave., Ft. Collins
Screens - 10
Plans to expand to 18 screens and remodel for stadium seating
Metrolux 12 Theaters
1380 N. Denver Ave., Loveland
Screens- 12
Cinema Saver 6 Theaters
2525 Worthington Cir., Ft. Collins
Screens- 6
$2.00 movies
Drive-in Theater:
Holiday Twin Drive-in
2206 S. Overland Trail, Ft. Collins
Screens - 2
Future - unknown
Theaters to be Built:
Cinamark
SWC Harmony Rd. and Timberline Rd., Ft. Collins
Screens- 16
Date: Immediate
Building on the site United Artist had an option on
401 West Mulberry Street • Fort Collins, Colorado 80521
_. Telephone 970/493-0700 • Fax 970/221-0746
COMMERCIAL
THE
GROUP
_ INC.
«sVI2NP ,
COMMERCIAL
Fort Collins -Loveland Theaters History
Closed: Planned Closines:
Creger 4 Foothills Twin
3750 S. Mason 148 E. Foothills Pkwy.
Screens - 4 Screens - 2
Closed Spring 1999 Planned closing date: November 1999
University Mall
2200 Blk. S. College
Screens - 3
Closed 1996
Aggie Theatre
204 S. College
Screens - 1
Converted to bar -night club
several years ago
Campus West Theatre
1325 W. Elizabeth
Screens - 2
Planned closing date: within 12 months
Building to be converted into retail shop
Arbor 4 Cinema
4601 S. Mason
Screens- 4
Planned closing - 1-4 years
Foothills Twin, Campus West and Arbor 4 Cinema are owned by United Artist Theatres. United
Artists had planned to build a new 16 screen theater with stadium seating on Harmony Road, but did
not renew their option on the land when it expired. Apparently, the parent company of United
Artists had put the theater division up for sale and did not want to be in the middle of an expansion
with this possible sale pending. United Artists' future in Fort Collins is somewhat uncertain. They
could close their theaters and leave Fort Collins or find another location to build their multi -screen
stadium seating theater. In either case, the three small theaters, Foothills Twin, Campus West and
Arbor 4 Cinema, will be closed because they cannot compete with multi -screened stadium seating
theaters.
The distribution of new -release films is determined by the number of screens a theater company
controls in the area. The trend is definitely toward large mega -screen theaters with the stadium
seating. The theater company that controls the largest share of the market gets the best selection of
the new release movies.
®401 West Mulberry Street • Fort Collins, Colorado 80521
Telephone 970/493-0700 • Fax 970/221-0746
Cost per Screen
$1,200,000 - - -- - - ---
$1,000,000
$800,000
N
$600,000
0
0
$400,000
$200,000 ---
$_ -
1 2 10 12 16 20 20
(small) (large)
Number of Screens
Figure 4
25
Q 20
L.
15
L
a.
a
Top 10 Motion Picture Exhibitors' New Theatres
1995 1996 1997 1998
Year Figure 3
— Carmike Cinemas
— United Artists
American Multi -Cinema
— Cinemark
— General Cinemas
— National Amusements
— Hoyts Theatres
—Century Theatres
-- Edwards Theatres
Kerasotes Theatres
Average Screens per Theatre for All U.S.
Exhibitors
6 — ----- -- --- ---— - -- --- -
5
L
s 4
L
a 3
c
CD 2
L
c.�
N
1
1995 1996 1997 1998
Year
Figure 2
10
M
M
Top 10 Motion Picture Exhibitors
1996 1997 1998
Year Figure 1
— Carmike Cinemas
United Artists
—American Multi-Cinema
—Cinemark
—General Cinemas
—National Amusements
— Hoyts Theatres
—Century Theatres
—Edwards Theatres
Kerasotes Theatres
In conclusion, it appears that the megaplex has permanently replaced the small movie house and for
all of the reasons outlined above, it does not appear that this trend will end anytime soon. It would
be difficult to convince a developer or an exhibitor of the long term success of a smaller theater. In
fact, the viability of the Carmike Theatre in Fort Collins may be in jeopardy if an expansion and
renovation are thwarted by zoning complications.
Prepared By:
Brian B. Shiu
Vice President of Development
Cost Efficiency - Exhibitors have found that larger multi -screen theatres are more efficient to build
and operate than small movie houses. Fixed costs are lower because they are divided between a
larger number of screens or by greater sales volumes. The construction cost per screen is lower as
well. A study prepared by Artech Design Group (a summary of which is shown as Figure 4) shows
that the cost per screen of building a megaplex is a fraction of the cost of building a one or two screen
movie house. The cost differential is largely due to support areas such as the lobby, concessions,
toilets, storage and offices which increase in small proportions as the number of screens increases.
Operating costs are lower as well because a megaplex can be operated with marginally greater
personnel than a twin theatre. Also, movies can be shifted from one auditorium to another to avoid
sellouts and match attendance to the right -sized auditorium, thereby increasing the efficiency of
operation.
Greater Operating Incomes - Complementing the lower costs are higher operating incomes.
Megaplexes generate higher attendance per screen, greater per -capita spending on concessions and
lower variable and fixed costs as a percentage of sales. American Multi-Cinema's 1995 Annual report
shows that AMC theaters with 10 or more screens produced on average operating income per patron
20% higher than theaters with less than 10 screens. Additionally, margins as measured by operating
cash flow before rent were 12.5% higher than in small traditional AMC theatres.
Customer Satisfaction - Consumer satisfaction has driven the trend toward larger multi -screen state-
of-the-art theaters, as much as the financial reasons just discussed. For the consumer, attending the
movie at a megaplex theater has become a total entertainment "experience." Stadium seating, wider
screens, digital sound, a greater selection of movies, additional showtimes, reduced concession lines
and other amenities deliver a higher value to the consumer, adding to the total experience.
Findings of a study just released by brokerage firm Credit Suisse/First Boston show that the
entertainment experience of the megaplex has reignited attendance figures. Since its introduction,
attendance has risen from 4.5 to 5.5 visits per person per year. In an article in Boxoffice magazine,
the President of AMC, Philip Singleton, says that their megaplexes outperform the industry average
on a particular film by as much as four or five times. Even the increasing popularity of home videos,
cable and pay -per -view has not stopped box office growth because none of these formats can deliver
the same experience as the megaplex can.
Bargaining Power with Studios - The higher attendance figures at megaplexes give exhibitors more
bargaining power with the studios, allowing them to get new releases and popular releases to the
customer sooner. This, in turn, leads to higher customer satisfaction and increased attendance.
Lower Risk for Exhibitor - Exhibitors of multi -screen theatres are able to spread the "motion picture
risk" between numerous screens like a single screen theater cannot do. If the single screen exhibitor
can only show one film because it only has one screen, they are in trouble if the film is not received
well. Conversely, the megaplex operator can move the same film to auditoriums of different sizes
based on how well it is received.
S Y ._4ig1�1�Y
ANTHONY PROPERTIES
Real Estate Development & Investment
I_; 70 Cou Road, _uire 1170 • Dallas, Texas .5251
;n-_; aal-4484 • Fax (97]) o91-4494
In support of this application for addition of a permitted use, the Applicant offers this explanation of
the recent changes in the motion picture exhibition industry, the reasons for the changes and how
these changes affect markets like Fort Collins.
The most significant trend in the motion picture exhibition industry involve the construction of state-
of-the-art "megaplexes" containing 14-30 screens. This trend has contributed to the demise of the
single or double screen movie houses of the past. Exhibitors no longer build theaters with less that
twelve screens. In an article in the July 1998 issue of Shopping Centers Todgy, a panel agreed that,
"Few operators will consider building any project with fewer than a dozen screens."
This trend is not limited to major metropolitan areas as evidenced by the boom in megaplex theater
construction throughout the country. Even cities the size of Pueblo, Colorado (which has a
metropolitan statistical area 95,000 fewer residents than Fort Collins) recently opened a new
megaplex. Our company tracks all theaters and knows of no theaters that have been built recently
in any market the size of Fort Collins containing fewer than 12 screens. The point is not only that
megaplexes are being built everywhere, but also that single or double screen theaters are not being
built anywhere.
Once the reasons below are understood, it will become apparent as to why the single, double or even
six or eight screen theater is a thing of the past, for a market the size of Fort Collins.
Figure 1 verifies the trend toward larger multi -screen theater complexes. As you can see, the overall
trend since 1996 for the ten largest exhibitors (that has not been a part of a buyout or merger) has
been an increase in the average number of screens per theater. This is accomplished by opening
megaplexes while simultaneously closing older theatres that have smaller screen counts.
Even when you look at all exhibitors in the United States and not just the ten largest ones, the trend
is the same. Figure 2 shows data gathered by The National Association of Theatre Owners. From
1995-1998, the average number of screens per theater has gone from 3.77 to 4.84. Keep in mind that
with the total number of screens increasing from 27,000-33,000 over this time period, it takes a lot
of new megaplexes to make this average move upward.
Figure 3 looks at the same ten exhibitors and the average number of screens per theater for new
theaters opened since 1995. There are two important things to notice here: the general upward trend
in the number of screens, and the fact that no exhibitor has opened a theater with less that eight
screens since 1995. The chief reasons for this trend are as follows:
Staff will also be recommending that theaters be removed as a permitted use from the
Employment District in order to strengthen their applicability to community and neighborhood
centers. A more detailed analysis will be conducted to determine how multi -pies theaters could
fit into the Community Commercial District block standards.
t_.omrnunity Planning and Environmental Services
Advance nning Department
AT ACHMENT 2
ON of Fort Collins
March 11, 1999
MEMORANDUM
TO: Council Growth Management Committee
THRU: John Fischbach. City Manager
Greg Byrne, Director of Community Planning and Environmental Services J
Joe Frank, Director of advance Planning
FROM: Timothy Wilder, City Planner
RE: Entertainment Facilities and Theaters in the Commercial District
This is a preliminary memo outlining the background, issues and initial recommendation related
to the question, "Should entertainment facilities and theaters be included as a permitted use in the
Commercial District ( C)?"
The owners of a property in the University Mall requested that the City consider listing
entertainment facilities and theaters as a permitted use in the Commercial District ( C ).. The
owners argued that adding entertainment facilities and theaters to the C District would be
consistent with the intent of the Land Use Code purpose statement for the C District.
A review of City Plan Principles and Policies applicable to Commercial Districts would appear
to support the inclusion of theaters in the C District Policy CD-1.2 Ir f ll/Redevelopment Land
Uses specifically mentions entertainment as a use to be encouraged. However; during the City
Plan development process, staff and the consultants recognized that theaters should play an
important role in the function and character of community and neighborhood centers envisioned
by City Plan. Theaters were to serve as an anchor in a mix of restaurants, shops and civic uses
in a walkable, lively community destination - day, evening or night. For this reason, these uses
were purposely included as permitted uses in the Community Commercial District but not
included in the more general Commercial District. Unfortunately, City staff unintentionally did
not revise City Plan Principles and Policies to support the Land Use Code.
The Commercial District is primarily intended to accommodate auto -related uses. By allowing
new theaters in this district, the opportunity for gaining theaters in community and neighborhood
centers would be lessened. Property oN ners that wished to develop theaters in the C District
could apply for a rezoning to Community Commercial.
For these reasons, staff does not recommend changing to the code to allow entertainment
facilities and theaters as a permitted use in the Commercial District. Instead, staff will be
recommending that City Plan Principles and Policies be revised to support the Land Use Code.
281 North College Avenue • PO. Box 580 • Fort Collins, CO 50522-0580 • (970) 221-6376
FAX (970) 224-6111 • TDD (970) 224-6002
ATTACHMENT 1
Lot 1, Park South Commercial Plaza Minor Subdivision, and Lots 3-A, 3-B, 3-C
and 3-1), Park South Commercial Plaza Minor Subdivision, Second Filing, in the
City of Fort Collins, County of Larimer, State of Colorado.
Mr. Bob Blanchard
August 4, 1999
Page 5
For all of the reasons stated herein, the Applicant requests that you add "theaters" to the list
of permitted uses in the Commercial (C) zoning district. Should you have any questions or need
additional information to process this application, please do not hesitate to contact Janelle or me.
Sincerely,
MARCH & LILEY, P.C.
By:
Lucia A. Liley
LAL/jpk
Attachments
PC: Anthony Properties
Greg Byrne, Director of Community Planning
and Environmental Services
Troy Jones, Current Planner
F:%WPC\LALW rMONYVtEQ•ADD.USE 8/4/99
Mr. Bob Blanchard
August 4, 1999
Page 4
The numerous factors involved in estimating the trip generation of different uses makes it
difficult to formulate a general comparison of theater -related traffic to the traffic "normally resulting
from the other permitted uses" in the Commercial (C) zoning district. We have, therefore, asked
the Applicant's traffic engineer to factor in the specific data regarding the theater expansion for
comparison to a representative combination of permitted uses in the Commercial (C) zone which
could potentially be constructed in the same location.
In order to conduct the most conservative analysis, the traffic engineer used the number of
screens as the variable in estimating the theater expansion's trip generation because it generates the
highest number of trips, and he selected land use code 444, Movie Theater with Matinee, from the
Trip Generation, 6`' Edition, ITE. The analysis estimated an additional 1226 trip ends on weekdays
and an additional 4236 trip ends on Saturday. For comparison, the traffic engineer chose a
combination of permitted commercial uses generating varying amounts of traffic (fast food
restaurant, convenience store with gasoline sales, sit down restaurant and office) and estimated 5356
trip ends on weekdays and 4823 trip ends on Saturday for these uses. The Applicant's traffic
engineer further advises that the peak times for theater -related traffic (evenings, primarily on
weekends) do not coincide with the peak hours of the street or peak hours for the other permitted
commercial uses (weekday rush hours and noon; mid -afternoon Saturday). The conclusion is,
therefore, that the theater expansion would generate less traffic overall than what would normally
result from a combination of other permitted uses in the Commercial (C) zoning district and that
theater -related traffic would not exacerbate traffic conditions during normal peak traffic hours.
(4) Theaters are compatible with the other permitted uses in the Commercial (C) zone.
Because there are virtually no adverse impacts associated with a theater use, as explained in
the previous paragraphs, theaters can co -exist compatibly with all of the other permitted uses in the
Commercial (C) zoning district. A comparison of the traffic generated by a theater expansion and
the traffic that would be generated by a number of representative uses of the Commercial (C) district
reveals that: (i) there would be less traffic overall if a theater were constructed; and (ii) peak traffic
hours for theaters do not coincide with typical peak hours for the other permitted uses. The
Applicant does not anticipate any conflicts between a theater and the other permitted uses in the
Commercial (C) district that would render this use incompatible.
(5) Theaters are not specifically listed as a prohibited use in the Commercial (C) zone.
Please see "Attachment 6", which is a copy of Land Use Code Division 4.17, Commercial
District (C). Note that Section (C) does not specifically list theaters as a prohibited use.
(6) Theaters are not specifically listed as a "Permitted Use" in Article 4.
Please see "Attachment 6", which is a copy of Land Use Code Division 4.17, Commercial
District (C). Note that Section (B) does not specifically list theaters as a permitted use.
Mr. Bob Blanchard
August 4. 1999
Page 3
entertainment. It is difficult, given the new definition of theaters, to make a justifiable distinction
between indoor theaters and the already -permitted entertainment uses which would render indoor
theaters inappropriate for the Commercial (C) zone.
(2) Theater uses conform to the basic characteristics of the Commercial (C) zone and the
other permitted uses in the Commercial (C) zone.
The key words used to describe the permitted uses and purpose of the Commercial (C) zone
are "wide range" or varied, "community and regional" in nature and "auto -related" and "auto -
oriented". Indoor theaters would contribute to the variety of uses in this zone and would expand the
entertainment opportunities already available. Note that drive-in theaters, recreation facilities and
unlimited indoor recreational uses and facilities are specifically permitted uses. Furthermore, the
larger, multi -screen theaters attract more customers from a broader area, changing the very nature
of a theater to an auto -oriented use of community and regional benefit.
(3) Theaters do not create any more adverse impacts than the other permitted uses in the
Commercial (C) zone.
Generally speaking, indoor theaters have less of an impact than the uses permitted in the
Commercial (C) zoning district because the entire operation is enclosed. Indoor theaters do not
create any noise or vibration which is detectable outside of the building, unlike what might be
expected to occur with permitted uses like vehicle repair and servicing, plumbing, electrical or
carpenter shops. There is no heat or smoke associated with the operation of an indoor theater. There
are no odors or fumes generated by a theater use as might be possible with composting facilities,
food lockers that process meat or at animal related uses like veterinarian facilities, small animal
clinics or dog daycare facilities. Locating a theater in the Commercial (C) zone will not negatively
impact the health, safety or morals of the community any more than the other permitted uses.
Aesthetically, a theater building will have the same opportunity to create a pleasing exterior design
as all other uses in the zone, without having to mitigate the visual effects of outdoor storage that is
allowed with several other permitted uses (vehicle and boat sales and leasing, retail and supply
yards). Drive-in theaters, the permitted use most comparable in function to indoor theaters, would
have a much greater impact because of the dust, noise and lighting.
A theater will require adequately lighted parking facilities; however, this is no different than
any other use in the Commercial (C) zone that operates in the evening and night hours. Any use
permitted in this zone, including theaters, will likely be required to install down -directional lighting
which essentially keeps all direct light on site. Parking facilities can also result in increased rain run-
off. This will not, however, create any more of an adverse impact than the run-off from other
parking lots and parking garages, which are specifically permitted uses.
Mr. Bob Blanchard
August 4. 1999
Page
Industry Chances
Although the Applicant recognizes the attractiveness of the Citv's vision of creating
pedestrian -oriented neighborhood centers where theaters could serve as an anchor for a mix of
restaurants, shops and civic uses, research proves that the neighborhood -sized theater (1-4 screens)
is a thing of the past. An evolution in the motion picture exhibition industry is underway. The trend
toward larger, multi -screen theaters with stadium seating, digital sound and other customer amenities
is impacting the theater business across the nation and in Fort Collins. Small theaters are not what
the customers want nor are they cost efficient or profitable operations for movie exhibitors.
Brian Shiu, Vice President of Development for the Applicant, has compiled a summary
discussion of the changes in the motion picture exhibition industry, the reasons for those changes
and how those changes are impacting the Fort Collins market in general. Please see "Attachment
3". In addition, research done by Ronn Frank of The Group, Inc. on the history of theaters in the
Fort Collins -Loveland area reveals the exact impact of these overall trends on our local market.
Please see "Attachment 4". Finally, the national trend is generating local news coverage. See the
Coloradoan article entitled "16-Screen Theater is Coming Attraction: Facility to go up at Harmony,
Timberline will be first in N. Colorado with stadium seating" which is attached as "Attachment 5".
These changes in the motion picture exhibition industry are requiring us to redefine the word
"theater" and take a fresh look at how theaters have traditionally been treated under our zoning
regulations.
Sec. 1.3.4 Addition of Permitted Uses, (A) Required Findings
(1) Theaters are appropriate in the Commercial (C) zone.
The replacement of small, neighborhood -scale theaters by megaplexes changes the character
of the movie house to a community and regional entertainment destination. Megaplexes attract more
customers and draw people from farther distances, necessitating the use of the automobile. Since
the Commercial (C) zone is designed to accommodate primarily auto -related uses, it is the
appropriate zone for theaters. Megaplex buildings also require more space for parking and the
facility itself, making it difficult to integrate such a use into a smaller scale, neighborhood gathering
place. The Commercial (C) zone, which is intended to be a setting for a wide range of "community
and regional" uses, is the appropriate place to locate the new breed of theaters.
Finally, there are several other entertainment -type uses already permitted in the Commercial
(C) zone which the City has obviously found to be appropriate, including drive-in theaters,
recreational uses and indoor recreational uses and facilities. Like the indoor, multi -screen theaters,
these uses require large facilities and serve as community and regional destinations for
a
ARTHUR E. MARCH, JR.
LUCIA A. LILEY
J. BRADFORD MARCH
EDWARD M. YOSSES
Mr. Bob BI chard
Director of unent Planning
City of Fo Collins
281 No College Avenue
Fort Col ns, Colorado
MARCH & LILEY, P.C.
ATTORNEYS AND COUNSELORS AT LAW
110 E. OAK STREET
FORT COLLINS, COLORADO 80524-2880
(970) 482-4322
Fax (970) 482-5719
August 4, 1999
Re: Application for Addition of Permitted Use
Dear Bob:
ARTHUR E. MARCH
1908-1981
VIA HAND DELIVERY
This firm represents AP Consolidated Theatres II Limited Partnership (the "Applicant"), the
owner of five lots in the Park South Commercial Plaza Minor Subdivision (the "Property") at the
comer of Horsetooth Road and Manhattan Avenue in the City of Fort Collins (the "City") which are
legally described on "Attachment 1". The Applicant operates the 10-screen Carmike Theatres on
Lot 1 (3636 Manhattan Avenue) and desires to expand the facility onto its four other lots which are
vacant (3702, 3714, 3726 and 3738 Manhattan Avenue). All five lots are located in the Commercial
(C) zoning district where theater uses are no longer permitted.
Pursuant to Land Use Code Section 1.3.4, the Applicant requests that "theaters" be added to
the list of permitted uses for the Commercial (C) zone. The Applicant has not formally submitted
an application for development approval for its proposal to expand the Carmike Theatres because
the zoning for the Property does not allow theater uses. In support of its application for addition of
a permitted use, the Applicant submits the following information for your consideration.
Zoning History
Until just 21/7. years ago, the Property was zoned H-B Highway Business, where indoor
theaters were specifically listed as a permitted use. In fact, the Carmike Theatres on Lot 1 was built
as a use -by -right, subject to building permit review only, in 1994-1995. Following the City's
adoption of a new Land Use Code in March 1997, the Property was rezoned into the Commercial
(C) zoning district, which permits an almost identical list of uses as the H-B zone, with the exception
of theaters. We understand that theaters were purposely dropped from the list of permitted uses in
the Commercial (C) zone to encourage the location of future theaters in or near community and
neighborhood centers. Theaters were presumed to be an appropriate use in a "walkable, lively
community destination - day, evening or night", which should, conversely, be discouraged from
locating in more auto -oriented areas, like the Commercial (C) zone. Please see "Attachment 2", a
Memorandum from Timothy Wilder, City Planner, dated March 11, 1998, which further explains
the assumptions made and rationale used by the City to support its decision to not allow theaters in
the Commercial (C) zone.