Agenda Date: 05/06/2025
Subject:
Title
Ordinance 08-2025: An ordinance on second reading imposing a temporary moratorium on the submission, acceptance, processing, or approval of any new application related to fuel sales (retail) within the City of Littleton
Body
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From: |
James L. Becklenberg, City Manager |
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Prepared by: |
Reid Betzing, City Attorney |
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Presentations: |
N/A |
PURPOSE:
The purpose of this ordinance is to consider a temporary moratorium on fuel sales (retail) within the City of Littleton to give staff time to consider and recommend specific options to address the number of fuel stations in the city and for Council to make any necessary changes to the city’s land use and zoning code.
LONG-TERM OUTCOME(S) SERVED:
Vibrant Community with Rich Culture; High-Quality Governance; Robust and Resilient Economy
DISCUSSION:
Currently fuel sales are a use by right in the Business Commercial (BC) and Industrial Park (IP) zoning districts. “Use by right”. meaning that there is no formal approval needed outside of site development plans for this type of use in those districts. Fuel stations are also a “conditional use” in the corridor mixed-use (CM) zoning district, meaning those approvals are not automatic but must be granted after a public hearing with Planning Commission where certain criteria are evaluated.
The City of Littleton currently has 24 fuel stations within the city, as well as an additional two (2) that are in the final stages of technical approval. There are also 20 additional fuel stations within 1.5 miles of the City of Littleton.
Additionally, the City of Littleton, as a largely built-out city, has been thoughtful about the limited existing locations available for both commercial, residential, and in-fill opportunities to ensure a healthy base of options for Littleton residents as it relates to sales, living, and options for commercial and professional development.
It is of note that the number of fuel sales within the City of Littleton exceed the per capita average for fuel sales to population especially when taken with the additional locations in close proximity, which some measurements would say the national average are approximately 1 fuel station for every 2500 persons.
BACKGROUND:
After receiving feedback and concerns from council members and the public concerning the number of fuel stations within the city, a study session was scheduled to discuss the topic including possible options.
At the study session, council was presented an overview of fuel sale locations in and around the city. Additionally, council was presented with possible options to potentially address the number of fuel sale locations within the city should that be deemed a concern. Those options included the limitation of their allowed use in various districts to changes to our conditional-use process, including buffering requirements to address where fuel stations could be placed from one another.
Council has the power to adopt moratoriums pursuant to: (i) the Local Government Land Use Control Enabling Act, Article 20 of title 29, C.R.S.; (ii) Part 3 of Article 23 of title 31, C.R.S. (concerning municipal zoning powers); (iii) Section 31-15-103, CR.S. (concerning municipal police powers); (iv) Section 31-15-40, CR.S.(concerning municipal police powers); (v) the authority granted to home rule municipalities by Article XX of the Colorado Constitution; (vi) Colorado case law; and (vii) the powers contained in the Littleton Charter and the Littleton City Code.
The proposed 180 days of this recommended moratorium would give the city the time to further evaluate the need to address this type of use within its community and give staff the time necessary to develop possible options in addressing any concerns.
Prior Actions or Discussions
April 8, 2025 - Council met during a study session to receive an overview of fuel stations within the city of Littleton and nearby proximity.
April 15, 2025 - Council approved this ordinance on first reading.
FISCAL IMPACTS:
N/A
STAFF RECOMMENDATION:
Staff believes that with the additional time, they would be able to further evaluate and offer recommendations about refining our land use locations or approval processes.
ALTERNATIVES:
Council could choose not to proceed with enacting a temporary moratorium at this time and allow for the market to dictate uses while staff evaluates on a more organic schedule.
PROPOSED MOTION:
Proposed Motion
I move to approve Ordinance 08-2025 on second reading imposing a temporary moratorium on the submission, acceptance, processing, or approval of any new application related to fuel sales (retail) within the City of Littleton.