Archuleta County, CO Big Box Draft Ordinance

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Pagosa Springs, CO, US

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Type: Ordinance

Status: Introduced on 1/19/07 (Can find no evidence that it was adopted)

Source File: http://www.archuletacounty.org/Planning/Big%20Box/Big_Box_Ordinance_Town_County_Draft_011907.pdf

Text:

Draft Ordinance: Archuleta County Town/County Big Box

3.3 Large Retail Development Permits

3.3.1 Purpose and Intent

3.3.1.1 For the purpose of this section, a large retail development is any retail development that contains 40,000 square feet or more in size, but not more than 100,000 square feet on a single lot. The size restrictions and square footage measurements shall apply to individual retail buildings as well as all retail buildings located on a single lot, as part of a unified retail development. The area of a retail development shall include gross floor area as defined in Section 11.2.1 and all area outside of the exterior walls of buildings used for display, storage, or sale of goods, wares or merchandise.
3.3.1.2 For purposes of this section the size restrictions and square footage measurements shall be applied on a per lot basis. To avoid unmitigated cumulative impacts and an appearance that would be commonly regarded as continuous retail development, a unified retail development includes two or more retail establishments on a single lot, regardless of whether multiple retail establishments are owned in common or separately, that:
3.3.1.2.1 Are built on a site that is planned, developed, owned or managed as a unit, related in architecture, location, size and type of establishment to the trade area that they serve, and that provide on-site parking in definite relationship to the types and sizes of the establishments; or
3.3.1.2.2 Utilize a common privately maintained interior roadway or vehicle traffic circulation design; or
3.3.1.2.3 Fail to maintain sufficient, separation through undeveloped corridors between the adjacent retail establishments of at least forty (40) feet, which shall include landscaping and may include as required by the Town non-motorized, multi-use, open-space, access or recreation areas or amenities to be open to the public and maintained by the property owner. Where adjacent retail developments are separated by a platted roadway, the required undeveloped corridor shall be in addition to the platted roadway.
3.3.1.3 Because of their significant negative impacts and incompatible scale, retail developments in excess of 100,000 are not permitted within the County.
3.3.1.4 Because of their unusual or special characteristics, large retail buildings and developments require a review and evaluation to ensure compatibility with surrounding land uses and harmonious development. Any large retail development, in addition to the requirements contained in this section, is subject to all applicable provisions of the Archuleta County Land Use Regulations, specifically 5.2, 5.3 and 5.4.
3.3.1.5 Because of their potentially negative impacts and incompatible scale, no large retail development shall be initially constructed or developed, or subsequently used, operated or occupied without a current large retail development permit issued pursuant to this Section. Where conditions cannot be devised to achieve the requirements and objectives of this Section, applications for large retail development permits shall be denied.

3.3.2 Large Retail Development Submittal Requirements
The applicant shall submit to the Planning Department a minimum of 15 copies of the complete large retail development permit application package containing the following items:

3.3.2.1 Completed land use application form.
3.3.2.2 Evidence of Ownership. A title commitment, an ownership and encumbrance report, chain of title guarantee, or other similarly reliable evidence of ownership, must be current and dated no more than three (3) months from the date of the application submittal.
3.3.2.3 Written statement and any graphics necessary to describe the precise nature of the proposed use and its operating characteristics and to illustrate how all large retail development permit review criteria have been satisfied.
3.3.2.4 A map showing the proposed development of the site, including topography, building locations, parking, public transit accommodations, traffic circulation, usable open space, landscaped area, utilities and drainage features.
3.3.2.5 Preliminary building plans and elevations sufficient to indicate the dimensions, general appearance and scale of all buildings.
3.3.2.6 A proposed development schedule indicating the commencement date of the project and/or construction phases in which the project may be developed if applicable, and the completion date of the project.
3.3.2.7 Any agreements, provision or covenants to be recorded that may govern the use.
3.3.2.8 A statement addressing ongoing maintenance associated with the use and site, and how it will be provided.
3.3.2.9 An impact assessment prepared at the applicant’s cost by a neutral third party, as approved by the County. Based upon a determination that certain impacts are minimal or unlikely, the Planning Commission and/or Board of County Commissioners may waive any or all the associated impact assessment elements. The impact assessment shall consider and assess all uses associated with the development, including the cumulative impacts all retail and non-retail uses. Unless waived, the impact assessment must contain an assessment of the following:
3.3.2.9.1 The community needs for the proposed development at the location proposed;
3.3.2.9.2 The short- and long-term economic impact to the municipality of the proposed development, including an analysis of municipal revenues and expenses likely to be generated by the development, the number of jobs to be created, the type of jobs and the associated wages and benefits, the sales tax generation, property tax generation, incentives to be offered, and proposals to mitigate any negative impacts;
3.3.2.9.3 The housing impacts from anticipated workforce, relocating employees, construction employees and other housing impacts associated with the development and operation of the large retail development, including an estimate of the additional, if any, number of units needed to accommodate the development’s employees, and proposals to mitigate any negative housing impacts;
3.3.2.9.4 The impacts on the existing transportation system and proposals to enhance the transportation system and mitigate any negative transportation impacts upon the community, including but not limited to: arterial and collector street improvements, intersection improvements, intersection signalization, and alternative modes of transportation such as public transit, bikeways, pedestrian walkways and trails, and other transportation services, improvements or facilities;
3.3.2.9.5 The impacts on the existing storm drainage system and proposals to mitigate any negative drainage impacts upon the community, including but not limited to: historic rainfall drainage patterns, detention and retention areas, storm water quality and contamination mitigation, storm sewer requirements, discharged irrigation ditches, floodways and floodplains, and other storm water and drainage impacts and improvements;
3.3.2.9.6 The impacts on the County Sheriff department and proposals to mitigate any impact upon the existing law enforcement services, including but not limited to: special security needs, additional officers required, additional equipment requirements, and other law enforcement services;
3.3.2.9.7 The impacts of the proposed development on providers of fire protection services and proposals to mitigate such impacts, including but not limited to: special fire hazards, fire prevention, fire detection, emergency access, additional equipment requirements, additional manpower requirements, additional fire stations, and other fire protection services and facilities;
3.3.2.9.8 The impacts on the health district and proposals to mitigate such impacts.
3.3.2.9.9 The impacts on County park facilities and recreation programs and proposals to mitigate any impact upon the existing facilities and programs, including but not limited to: additional facilities, additional recreation programs, additional personnel required, and other park and recreation services and improvements;
3.3.2.9.10 The impacts on the view corridors and aesthetics of the community
3.3.2.9.11 The impacts on the natural environment and proposals to mitigate any negative impacts on environmentally sensitive areas, endangered species, significant habitats, migration routes and other environmental and wildlife impacts;
3.3.2.9.12 The compatibility with the Archuleta County Community Plan;
3.3.2.9.13 The compatibility with the County zoning and subdivision regulations and existing subdivision or PUD approvals and any deviations in setbacks, space requirements, and permitted uses that may be required;
3.3.2.9.14 A review of existing and adjacent land uses, areas of compatibility or conflict, and possible mitigation measures; and
3.3.2.9.15 Such additional material, as the Planning Staff, Planning Commission and/or Board of County Commissioners may prescribe or the applicant may submit, pertinent to the application.
3.3.2.10 Compliance with the applicable Notification requirements defined in Section 2.2.3 of these Regulations.
3.3.2.11 A narrative and supporting materials confirming that the property does not and will not be placed under deed restrictions for future use.
3.3.2.12 A plan outlining the proposal by the applicant to guarantee that if the building is vacated that it will be adaptively reused, demolished and/or otherwise continue to serve as a community benefit and not visually detract due to the buildings lack of occupancy or blighted condition.
3.3.2.13 Such additional material, as the Planning Staff may prescribe or the applicant may submit, pertinent to the application.

3.3.2 Large Retail Development Permit Review Process.

3.3.2.1 The Planning Department shall review the Sketch Plan for conformance with the Master Plan, these Regulations, and other adopted County policies and ordinances and within ten (10) working days after the submittal a conference shall be scheduled with the applicant to discuss the proposed subdivision.
3.3.2.2 Following the meeting with the Planning Department, the application shall be scheduled for public hearing before the Planning Commission. The Planning Commission shall recommend that Board of County Commissioners approve, approve with conditions, or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review below. The Planning Commission may recommend conditions or stipulations, which may include physical design as well as operational and/or maintenance considerations not limited to: requiring special setbacks, open space dedication, fences or walls, landscaping or screening, road dedication and improvement, pedestrian improvements, reduction in square footage, regulation of vehicular access and parking, signs, illumination, hours and methods of operation, control of potential nuisances, prescription of standards for maintenance of buildings and grounds, and prescription of development schedules. These may be applied in addition to standard development and use regulations which apply within a particular zone district or for a similar “permitted use.”
3.3.2.4 The Board of County Commissioners shall conduct a public hearing on the application. In addition to consideration of the Planning Commission recommendation, the Board shall hear additional evidence and testimony presented, and either approve, approve with conditions or deny the application; the Board’s decision being based upon all evidence presented, with due consideration of the criteria for review.

3.3.4 Large Retail Development Permit Review Criteria.
The County shall use the following criteria to evaluate the applicant’s request for a large retail development permit. Upon a finding that the application meets ALL the following criteria, a large retail development permit may be approved.

3.3.4.1 The development will satisfy all applicable provisions of the Archuleta County Land Use Regulations unless a variance is requested and granted.
3.3.4.2 The development will conform to or further the goals, policies and strategies set forth in the Archuleta County Community Plan.
3.3.4.3 The subject property will be adequately served with public utilities, services, and facilities including, but not limited to, water, sewer, electric, schools, streets, fire protection, public transit, storm drainage, refuse collection, and parks, and will not impose an undue burden above and beyond those of the permitted uses of the zone district.
3.3.4.4 The development will enhance the character of the community and will not substantially alter the basic character of the zone district in which it is operated or jeopardize the development or redevelopment potential of the district.
3.3.4.5 The development will result in efficient on- and off-site traffic and pedestrian circulation that will not have a significant adverse impact on the adjacent uses or result in hazardous conditions for pedestrians or vehicles in or adjacent to the site.
3.3.4.6 The development will demonstrate positive net fiscal impact to the community.
3.3.4.7 There are no deed or contract restrictions or other limitations that would have the effect, upon the applicant’s vacation of the property, of restricting the type of use of the property except as may be prohibited by the Archuleta County Land Use Regulations, and the property owner agrees as a condition of the large retail development permit to forego any such restrictions or other limitations.
3.3.4.8 The applicant has submitted evidence that all applicable local, state and federal permits have been or will be obtained.
3.3.4.9 All potential negative impacts of the development on the community have been identified in the impact assessment and have been or as a condition of the large development permit will be mitigated, including but not limited to mitigation through setbacks, architectural design, payment of impact mitigation fees, provision of open space, protection of sensitive environmental areas, reduction of square footage, landscaping, provision of affordable housing, offering innovative community programs, site arrangement and/or other methods.
3.3.4.10 The expected life of the large retail development has been accurately estimated, a reasonable plan exists to continually extend the life of the large retail development or adequate plans and provisions exist to remove or redevelop the large retail development when it is no longer viable.
3.3.4.11 The business or businesses to be located within the large retail development are likely to remain open and operating for the economic life of the development. If the business or businesses occupying fifty percent (50%) of the gross floor area of the large retail development or such area of the large retail development becomes non-operable and/or vacant for a period of one (1) year, the Board of County Commissioners may, upon notice and hearing revoke the large retail development permit, require all occupancy of the large retail development to cease. All large retail development permits shall run with the land.
3.3.4.12 It shall be a condition of each large retail development permit that all property owners, tenants and occupants of the development comply with the large retail development permit and all related conditions and provisions, including ongoing mitigation requirements.

3.3.5 Size Variance.

3.3.5.1 A variance from the prohibition contained in subsection 3.3.1.3 of this section of retail developments in excess of 100,000 square feet may be granted as part of a large development retail permit where:
3.3.5.1.1 The large retail development review process is completed;
3.3.5.1.2 All criteria for granting a large retail development permit based on a large retail development of 100,000 square feet are met;
3.3.5.1.3 The impact assessment required as a part of the large retail development permit process shall include a separate section specifically identifying the additional impacts associated with the retail development in excess of 100,000 square feet, including but not limited to the impacts associated with additional traffic, public service demands and mass and scale;
3.3.5.1.4 The impact assessment shall include a separate section specifically identifying the additional measures or conditions that will be met to fully mitigate the additional impacts associated with the retail development in excess of 100,000 square feet.
3.3.5.2 There will be a reputable presumption associated with any application for a variance to allow a large retail development greater than 100,000 square feet that because of the excess size of the proposed retail development the impacts of granting the variance cannot be adequately mitigated.
3.3.5.3 For purposes of considering a request for a variance to issue a large retail development permit for a retail development in excess of 100,000 square feet, the process and requirements of this section shall apply, and not the variance process or requirements contained in Section 2.4 of these Regulations. Any large retail development seeking a variance from any other requirement of the Archuleta County Land Use Regulations shall also be subject to the process and requirements contained in Section 2.4 for such other variance.
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