Economic Vitality Committee Agenda and Packet 2022 11 18

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Cityof ECONOMIC VITALITY COMMITTEE Louisville COLORADO -SINCE 1878 SUBJECT: DISCUSSION- ORDINANCE NO. 1843, SERIES 2022: GAS STATION MORATORIUM DATE: NOVEMBER 18, 2022 PRESENTED BY: AUSTIN BROWN, ECONOMIC VITALITY SPECIALIST SUMMARY: Following public comment during its October meeting, EVC requested an opportunity to discuss the gas station moratorium. DISCUSSION: During the October 18 City Council meeting, Council requested a draft ordinance imposing a temporary moratorium on new gasoline service stations within the city. The City Attorney presented two options to City Council for review at its November 1 meeting: an emergency ordinance, which would be effective upon adoption after one reading, and a non -emergency ordinance, which would become effective thirty days following publication after adoption on second reading. Since the October 18th City Council meeting, the City Clerk on October 24th approved the form of an initiative petition proposing an ordinance that would prohibit gasoline service stations and automobile service stations in all zone districts of the City, and would not allow construction of a new gasoline service station within 2.5 miles of an existing gasoline service station or expansion, reconstruction, or relocation of an existing gasoline service station within 2.5 miles of an existing gasoline service station. The draft moratorium was updated to reflect the initiated ordinance and maintain the status -quo until September 30, 2023. As discussed during the November 1 meeting, there was an application pending for a Planned Unit Development to allow construction of a new 2,824 square -foot automotive service station and convenience store with eight pumps fueling stations and canopy. The emergency ordinance, as proposed would have prevented this proposal from obtaining a building permit under the terms of the temporary moratorium. After discussion, City Council adopted the emergency ordinance with an amendment to remove the phrase "building permit". This amendment allows the previously discussed PUD application to obtain a building permit. The approved Ordinance became effective immediately and will remain in effect until September 30, 2023. Ordinance No. 1843, Series 2022 is included as Attachment #1. RECOMMENDATION: Informational only. Staff requests EVC discussion on this topic. Agenda Packet P. 14