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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/15/2022 - FIRST READING OF ORDINANCE NO. 018, 2022, AMENDING Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY February 15, 2022 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT First Reading of Ordinance No. 018, 2022, Amending the City of Fort Collins Land Use Code to Remove Enclosed Mini-Storage as an Allowed Use in the Portion of the General Commercial Zone District Within the Transit-Oriented Development Overlay Zone. EXECUTIVE SUMMARY The purpose of this item is to adopt a Land Use Code amendment for the General Commercial Zone Distri ct permitted use list to delete the allowance of Enclosed Mini-Storage use in the area included in the Transit Oriented Development (TOD) Overlay. The proposed code change will resolve a zoning disconnect and act to strengthen the intent and purposes of the TOD district overlay that include land uses, densities, and design that enhance and support the MAX line and transit stations along the Mason Corridor. The proposed Land Use Code changes include an amendment to Article Three, Section 3.10.2 TOD Overlay standards, and Article Four, Section 4.21 General Commercial zone district use standards in the Land Use Code. As a follow up to this proposed LUC amendment, staff will develop new design standards for the Enclosed Mini-Storage use to be coordinated with Phase 2 of the Land Use Code Update in 2023-24. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION This is a request regarding proposed Land Use Code changes to prohibit Enclosed Mini Storage uses in the Transit-Oriented Development (TOD) Overlay Zone district. On March 11, 2021, the Planning and Zoning Commission issued a decision to approve the Guardian Self - Storage Project Development Plan (PDP), which included a Modification of Standards to all ow the entire building, including the ground floor, to comprise enclosed mini-storage use. On March 25, 2021, a Notice of Appeal was filed. On June 1, 2021, Council denied the appeal finding the Planning and Zoning Commission did conduct a fair hearing a nd properly interpreted Plan Policy LU-1.4 and Land Use Code Section 3.10.2 (A). At the April 1, 2021, Planning and Zoning Commission work session, there was a discussion regarding five options for addressing the inconsistency between the South College Cor ridor Plan (SCCP) and the Land Use Code permitted use list for enclosed mini-storage (Attachment 1). The five LUC options considered include: 1. Amend the C-G zone permitted use list to specifically delete the allowance of Enclosed Mini -Storage in the area described by the SCCP. Agenda Item 12 Item # 12 Page 2 2. Amend the C-G zone to allow Enclosed Mini-Storage in the SCCP but require that such use must be setback from College Avenue by a minimum of 150 feet. 3. Amend the C-G zone permitted use list to delete the allowance of Enclosed Mini-Storage in the area included in the TOD Overlay. 4. Delete Enclosed Mini-Storage as a permitted use within the C-G zone on a city-wide basis. Other zone districts may be more suited for these facilities; and 5. Move the prohibition on first floor mini-storage in the TOD Overlay out of Article Three, which is a modifiable standard, and into Article Four as part of the list of permitted uses, which is not eligible for a Modification. At the January 20, 2022, Planning and Zoning Commission hearing, the C ommission recommended that Council adopt option 3 above. The proposed LUC change will fix a LUC zoning disconnect with the enclosed mini-storage use and strengthen the intent and purposes of the TOD district that include land uses, densities and design that enhance and support the MAX line and transit stations along the Mason Corridor. I. Support for Proposed LUC Change Described in Option 3 The policy basis for making the change described in above option 3 is found in the purpose statement for the TOD Overlay standards in Section 3.10.1(B) of the Land Use Code: “Purpose. The purpose of this Section is to modify the underlying zone districts south of Prospect Road to encourage land uses, densities and design that enhance and support transit stations along the Mason Corridor. These provisions allow for a mix of goods and services within convenient walking distance of transit stations; encourage the creation of stable and attractive residential and commercial environments within the TOD Overlay Zone south of P rospect Road; and provide for a desirable transition to the surrounding existing neighborhoods. . . .” Based upon this language, it is reasonable to conclude that because Enclosed Mini -Storage is a passive, inactive use, it is not a land use that enhances and supports transit stations and ridership along the MAX, so such use is inappropriate in the TOD. Furthermore, Land Use Code Section 3.10.2(A) states: “Enclosed Mini-storage. Ground-floor enclosed mini-storage shall be prohibited. Enclosed mini -storage shall be allowed either below grade or on upper levels of a building.” This prohibition indicates that in the crafting of the TOD Overlay standards, there was an emphasis on mitigating the effects of Enclosed Mini -Storage, which could weaken the relationsh ip between land use and transit along the MAX. This option would obviate the need for the standard that prohibits storage units on the first floor of a storage facility in the TOD Overlay in Article 3. It is important that the South College Corridor develo p (and redevelop) with a mix of land uses that support transit. Whether by the permitted use list in the C-G zone (Article Four), or by enhanced standards in the TOD (Article Three), or by leveraging public investment (i.e., urban renewal districts), it a ppears that additional effort may be needed to achieve the long-term goal of having viable public transit along the City’s spine. If land uses along the MAX do not support transit, then the City may fall short of its goals of providing increased mobility, relieving congestion, improving air quality, and supporting housing capacity and affordability. The proposed changes include an amendment to Article Three, Section 3.10.2 TOD standards, and Article Four, Section 4.21 General Commercial zone district use standards in the Land Use Code. As a follow up to this proposed LUC amendment, staff will develop new design standards for the Enclosed Mini-Storage use to be coordinated with Phase 2 of the Land Use Code Update in 2023-24. II. Comprehensive Plan and City Policy Alignment City Plan City Plan (2018) offers the following guidance related to transit -oriented development in the city. The proposed LUC changes align to this guidance: Agenda Item 12 Item # 12 Page 3 Requiring transit-oriented development (TOD) in key locations. High-frequency transit is only viable with supportive land use patterns such as mixed-use with higher-density residential, employment and services. The plan supports a stronger stance on maximizing infill/redevelopment potential where service exists or is planned. Policy LIV 2.3 - TRANSIT-ORIENTED DEVELOPMENT Require higher-density housing and mixed-use development in locations that are currently, or will be, served by BRT and/or high-frequency transit in the future as infill and redevelopment occurs. Promote a variety of housing options for all income levels. Principle T 1: Coordinate transportation plans, management and investments with land use plans and decisions. Policy T 1.7 - BRT AND HIGH-FREQUENCY TRANSIT SERVICE Phase the implementation of new transit corridors, new BRT corridors and more frequent service on existing transit corridors to coincide with transit oriented development and available funding. South College Corridor Plan The South College Corridor Plan provides the following guidance related to trans it-oriented development within that specific corridor. The proposed LUC changes align to this guidance: The Corridor will capitalize on Mason Corridor and Transit-Oriented Development (TOD) opportunities: high intensity uses, increased densities and high quality designs. The Mason Corridor will act as a catalyst for economic development, pedestrian-environments, and enhanced transit service. As a transit-oriented hub, development in the area should be compact to promote retail and office uses that enable t ransit, pedestrians, and bicyclists. Buildings, spaces, and street. LU 1.4 - Minimize Low Activity Uses. Uses that detract from the overall vitality of the Corridor, including used car lots, outdoor storage, and storage unit uses, are to be located away from the South College frontage. Midtown Plan The Midtown Plan provides the following guidance related to transit -oriented development within that subarea. The proposed LUC changes align to this guidance: The MAX line will become a central spine in Midtown, just as College Avenue is. New development will be of high quality, sustainable urban form that supports a pedestrian environment and fronts onto MAX through four - sided block development. Key intersections will connect pedestrian, bike, and auto traffi c, from College Avenue to MAX with distinctive, identifiable streetscapes, signage, and wayfinding. As the MAX system is implemented, higher intensity, mixed use redevelopment will be focused throughout Midtown. This Plan provides guidance for “setting th e stage” for this type of redevelopment to occur. The area demands better circulation and a more fine-grained network that is inviting to pedestrians, bicyclists, and vehicles. III. Summary of Proposed LUC Changes The proposed Land Use Code changes may be found in the Ordinance, and include an amendment to Article Three, Section 3.10.2 TOD Overlay standards, and Article Four, Section 4.21 General Commercial zone district use standards in the Land Use Code. A summary of the proposed changes include: 1. Article Three, Section 3.10.2 - Transit-Oriented Development Overlay Zone Standards The proposed change is for a repeal to Section 3.10.2 - Permitted Uses in its entirety, which includes: Agenda Item 12 Item # 12 Page 4 (A) Enclosed Mini-storage. Ground-floor enclosed mini-storage shall be prohibited. Enclosed mini- storage shall be allowed either below grade or on upper levels of a building. The prototype for enclosed mini-storage buildings that is becoming more common in the market includes multiple storage levels within a large building footprint. These buildings typically include ground floor storage access and office space without other uses. This storage operation represents a less intensive commercial use and does not generate high levels of vehicular traffic or pedestrian activity. Customers using the storage facility access the site infrequently and turn-over of the storage units is also less frequent, not conducive to an active, pedestrian-oriented street front environment to support transit-oriented development. The intent of the proposed change to prohibit enclosed mini-storage use in the TOD overlay, and to encourage more intensive, transit-supportive, and pedestrian-oriented mixed-use development along the MAX line. 2. Article Four, Division 4.21 - General Commercial Zone District The proposed change to Division 4.21 - General Commercial District (2) permitted use list, for Enclosed Mini- storage use is to add a new reference, “(Not permitted in TOD Overlay Zone, See Div. 3.10)”. With this change, while enclosed mini-storage use would not be permitted on the TOD, it is still permitted in the following zones: Low Density Mixed-Use Neighborhoods (LMN), provided that they are located on property adjoining the railroad property abutting and parallel to East Vine Drive and are located within five hundred (500) feet of such railroad property. General Commercial (CG), outside the TOD Overlay Zone. Service Commercial (CS), if located at least one hundred fifty (150) feet from South College Avenue. Limited Commercial (CL), outside of the South College Gateway Area. Employment (E), as a secondary use. Industrial (I). BOARD / COMMISSION RECOMMENDATION On January 20, 2022, the Planning and Zoning Commission unanimously approved on consent, the recommendation to Council regarding proposed Land Use Code changes to prohibit Enclosed Mini-Storage uses in the Transit-Oriented Development (TOD) Overlay Zone District. Since the item remained on the Planning and Zoning Commission’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH This proposed Land Use Code change did not include public outreach meetings. The information for this item for the Planning and Zoning Commission Hearing and City Council Hearing has been posted in the Development Review webpage. No public comments have been received since the posting. This item was discussed at the Planning and Zoning Commission work sessions listed above. ATTACHMENTS 1. Planning & Zoning Board Memo (PDF) 2. TOD Overlay Map (PDF) 3. General Commercial Zoning Map (PDF) 4. Powerpoint Presentation (PDF) Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com Planning, Development & Transportation Services MEMORANDUM Date: 3/23/21 To: Planning and Zoning Board From: Paul Sizemore, Interim Community Development and Neighborhood Services Director Re: Information from Vice Chair Shepard RE: Enclosed Mini Storage in CG At the request of Vice Chair Shepard, an item has been added to the March 26th Planning and Zoning Board Work Session to discuss enclosed mini storage in the CG zone district. The following information was provided by Vice Chair Shepard to provide background for the Board and to serve as a starting point for Board discussion. At the work session, he will lead the conversation and staff will be prepared to support discussion and questions from the Board. Vice Chair Shepard indicates that the intent of this discussion is to begin a conversation and acknowledges that the Board may not complete their discussion at this work session. Staff will take information from the work session and will work with the Board on potential next steps, should the Board determine a desire to communicate a recommendation to Council on this issue. Information from Vice Chair Shepard: Background: At the March 11, 2021 P & Z hearing, consideration of the Guardian Self-Storage PDP presented an inconsistency between the South College Corridor Plan (SCCP) and the Land Use Code Article Four – C-G, General Commercial zone district permitted use list. [Section 4.21(B)(2)]. Guardian Self-Storage PDP #190020: •Located within the area described by the South College Corridor Plan, an element of the City’s comprehensive plan adopted in 2009; •Zoned C-G, General Commercial, and per Article Four of the Land Use Code, Section 4.21(B)(2), Enclosed Mini-Storage is a permitted use; ATTACHMENT 1 • Located within the Transit Oriented Development Overlay District (TOD), governed by Article Three of the Land Use Code, Section 3.10. The South College Corridor Plan states: LU 1.4 - Minimize Low Activity Uses. Uses that detract from the overall vitality of the Corridor, including used car lots, outdoor storage, and storage unit uses, are to be located away from the South College frontage. (Page 38.) (Emphasis added.) And yet the C-G zone allows Enclosed Mini Storage as a permitted use. In addition, by being located within the TOD, Enclosed Mini-Storage is subject to the design standard, 3.10.2(A) that prohibits storage units on the first floor of a storage facility. Issue of Inconsistency: Guardian Self-Storage is located directly along South College Avenue, contains 119,300 square feet and is between three and four stories in height. At this mass, height and scale, the use cannot be considered to be minimized nor is the facility located away from South College Avenue. This inconsistency between the SCCP and the permitted use list in the C-G zone suggests that a policy discussion is needed to address reconciling how best to govern these uses in the future. Options: The following options are offered to help guide this discussion: 1. Amend the SCCP to delete the reference to storage unit uses in LU 1.4; or 2. Amend the C-G zone permitted use list to specifically delete the allowance of Enclosed Mini-Storage in the area described by the SCCP; or 3. Amend the C-G zone to allow Enclosed Mini-Storage in the SCCP but require that such use must be setback from College Avenue by a minimum of 150 feet. This would match the setback requirement in the C-S, Service Commercial zone, located immediately to the south, which is also governed by the SCCP; or 4. Amend the C-G zone permitted use list to delete the allowance of Enclosed Mini- Storage in the area described by the TOD. 5. Delete Enclosed Mini-Storage as a permitted use within the C-G zone on a city- wide basis. Other zone districts may be more suited for these facilities. 6. Move the prohibition on first floor mini-storage in the TOD out of Article Three which is a modifiable standard and into Article Four as part of a land use definition which is not eligible for a Modification. Any one of these would have the effect of addressing the inconsistency between the SCCP and the Land Use Code. Further Discussion: Option One: While this would quickly and simply resolve the inconsistency, there is no current policy basis for this approach. Option Two: The policy basis for this approach is found in the SCCP Goal LU 2 which states: “Goal LU 2: Encourage neighborhood serving retail and commercial uses in locations convenient to adjacent neighborhoods.” (Page 40.) “LU 2.2 - Neighborhood Commercial Uses. In addition to the Neighborhood Commercial District, encourage small scale neighborhood serving uses in other areas convenient to residential neighborhoods (See Figure 25).” (Page 40.) The subject site is demarcated in Figure 25 as commercial area eligible for neighborhood serving uses. Since Enclosed Self-Storage facilities are not considered to be “neighborhood serving,” allowing such uses in close proximity to a residential area represents an opportunity cost for other uses that are more amenable to providing goods and services typically used by neighborhoods. Option Three: The policy basis for this approach is the consistency with the setback requirement in the C-S, Service Commercial zone, located directly south of the C-G zone along both sides of South College Avenue. This area includes more undeveloped parcels than the C-G zone in the area of Fossil Creek Parkway, but both areas are generally similar and characterized by a wide variety of highway-oriented commercial uses. Option Four: The policy basis for this is found in the purpose statement for the TOD standards in Section 3.10.1(B) of the Land Use Code: Purpose. The purpose of this Section is to modify the underlying zone districts south of Prospect Road to encourage land uses, densities and design that enhance and support transit stations along the Mason Corridor. These provisions allow for a mix of goods and services within convenient walking distance of transit stations; encourage the creation of stable and attractive residential and commercial environments within the TOD Overlay Zone south of Prospect Road; and provide for a desirable transition to the surrounding existing neighborhoods. A finding could be made that since Enclosed Mini-Storage is a passive, inactive use, it is not a land use that enhances and supports transit stations along the MAX, and ridership, such use is inappropriate in the TOD. Land Use Code Section 3.10.2(A) states: “Enclosed Mini-storage. Ground-floor enclosed mini-storage shall be prohibited. Enclosed mini-storage shall be allowed either below grade or on upper levels of a building.” This prohibition indicates that in the crafting of the TOD standards, there was an emphasis on mitigating effects of Enclosed Mini-Storage that could weaken the relationship between land use and transit along the MAX. This option would obviate the need for the standard that prohibits storage units on the first floor of a storage facility in the TOD. Option Five: As with Option One, deleting Enclosed Mini-Storage from the C-G zone entirely would resolve the conflict between the SCCP and the Land Use Code but there is no policy basis for this approach at this time. Option Six: This would be a quick and simple fix. This approach, however, does not address the larger issue of the inconsistency between the SCCP and the C-G zone permitted use list. A new land use definition may be required. Other Considerations: • At the time of the adoption of the SCCP (2009) and the TOD (2007), the mass, size, height and scale of today’s Enclosed Mini-Storage facilities was not envisioned. The scaling up of these facilities has outpaced the City’s comprehensive planning and zoning standards. • Similar to the advent of big box retail in the warehouse format, today’s Enclosed Mini- Storage facilities may require a new approach in order to mitigate land use and design impacts. Just as Land Use Code Section 3.5.4 was adopted in reaction to industrial-scaled retail (after a six-month moratorium), perhaps a comparable set of standards and guidelines for Enclosed Mini Storage would be an idea worth consideration. • It is of utmost importance that the South College Corridor develop (and redevelop) with a mix of land uses that support transit. Whether by the permitted use list in the C-G zone (Article Four), or by enhanced standards in the TOD (Article Three), or by leveraging public investment (i.e. urban renewal districts), it appears that additional effort may be needed to achieve the long- term goal of having viable public transit along the City’s spine. If land uses along the MAX do not support transit, then we may fall short of our goals of providing increased mobility, relieving congestion and improving air quality. • The City has adopted two Plans that create a vision to guide development along South College Avenue and the MAX. Our challenge is to implement these policies or continue to extend the existing and prevailing development pattern along this vital commercial corridor. ATTACHMENT 2 Larimer and Weld Canal Larimer and Weld CanalHorsetooth Reservo ir Ter ry Lake Cob b L a k e Fossil Creek R e s e r v oi r I³ I³ I³ WXYZÕ WXYZÉ !"`$SHIELDSCOLLEGEVINE DRAKE TRILBY PROSPECT TAFT HILLTIMBERLINEOVERLANDLEMAYDOUGLAS LAPORTE MULBERRY WILLOX HARMONY CARPENTER C O U N T Y R OAD38 E COUNTYROAD 54G ZIEGLERMOUNTAIN VISTA HORSETOOTH TIMBERLINETAFT HILLLEMAYVINE DRAKELEMAYVINEVINE HORSETOOTH General Commercial Zone District Printed: October 05, 2021 Railroad Lines Growth Management Area Water FeaturesCity Zoning General Commercial 0 0.5 1 1.5 2 Miles ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. ATTACHMENT 3 February 15, 2022LUC Amendment – Enclosed Mini-Storage Use RestrictionPete Wray, Senior City Planner, AICPATTACHMENT 4 2I-25Proposed Land Use Code (LUC) Change• October 2021 Planning and Zoning Commission Work Session identified this item representing a quick LUC fix to prohibit Enclosed Mini-Storage use in the TOD overlay• January 20, 2022 – Planning and Zoning Commission approved (6-0) on consent to recommend City Council adopt the proposed LUC changeExample of Enclosed Mini-Storage Building 3I-25• Land Use Code change to fix disconnect between enclosed mini-storage permitted use in the General Commercial zoning and Transit Oriented Development (TOD) Overlay• Support more intensive transit-oriented development along the MAX line and stations within Mason Corridor• Not less intensive storage usesExample of Enclosed Mini-Storage BuildingProposed Land Use Code (LUC) Change 4I-25TOD Overlay Map• Support TOD land uses, densities and design that enhance and support transit stations and ridership along the Mason Corridor• Enclosed Mini-Storage is a passive, inactive use, it is not a land use that enhances and supports purpose of TOD area for pedestrian oriented development and active street front environment• 5I-25• The General Commercial (C-G) zoning is the underlying zoning of the TOD Overlay south of Prospect• The proposed change still permits enclosed mini-storage use in this zone, bit not in the TOD overlay area 6I-25South College Corridor Plan – Framework MapSCCP Commercial AreasTOD Overlay Area(Hatched) 7I-25Enclosed Mini-Storage - IssueThe South College Corridor Plan states:LU 1.4 - Minimize Low Activity Uses. Uses that detract from the overall vitality of the Corridor, including used car lots, outdoor storage, and storage unit uses, are to be located away from the South College frontage. And yet the C-G zone allows Enclosed Mini Storage as a permitted use.In addition, by being located within the TOD, Enclosed Mini-Storage is subject to the design standard, 3.10.2(A) that prohibits storage units on the first floor of a storage facility. 8I-25Enclosed Mini-Storage - IssueLand Use Code Section 3.10.2(A) states:“Enclosed Mini-storage. Ground-floor enclosed mini-storage shall be prohibited. Enclosed mini-storage shall be allowed either below grade or on upper levels of a building.”This prohibition indicates that in the crafting of the TOD standards, there was an emphasis on mitigating effects of Enclosed Mini-Storage that could weaken the relationship between land use and transit along the MAX. 9I-25Enclosed Mini-Storage LUC OptionsPlanning and Zoning Commission identified Land Use Code amendment options:1. Amend the C-G zone permitted use list to specifically delete the allowance of Enclosed Mini-Storage in the area described by the SCCP; 2. Amend the C-G zone to allow Enclosed Mini-Storage in the SCCP but require that such use must be setback from College Avenue by a minimum of 150 feet;3. Amend the C-G zone permitted use list to delete the allowance of Enclosed Mini-Storage in the area described by the TOD; 4. Delete Enclosed Mini-Storage as a permitted use within the C-G zone on a city-wide basis. Other zone districts may be more suited for these facilities; 5. Move the prohibition on first floor mini-storage in the TOD out of Article Three which is a modifiable standard and into Article Four as part of a land use definition which is not eligible for a Modification. 10I-25Enclosed Mini-Storage LUC OptionsPlanning and Zoning Commission recommendation for Option 3 as part of initial Land Use Code amendment:Amend the General Commercial zone permitted use list to delete the allowance of Enclosed Mini-Storage in the area described by the TOD Overlay MapWith this change, the storage use is still permitted in the following zones:General Commercial (CG), outside TODService Commercial (CS), setback 150 feet from S. CollegeLimited Commercial (CL), outside S. College Gateway areaEmployment (E), as secondary useIndustrial (I) 11I-25Proposed Land Use Code changes:1. Repeal Section 3.10.2 of the Land Use Code in its entirety and hold inreserve.3.10.2ReservedPermitted Uses(A)Enclosed Mini-storage. Ground-floor enclosed mini-storage shall beprohibited. Enclosed mini-storage shall be allowed either below gradeor on upper levels of a building.LUC Article Three – General Development Standards 12I-25Land Use I-25/SH 392 (CAC)General Commercial District(C-G). . .C. COMMERCIAL/RETAIL. . .. . . . . . Enclosed mini-storage Not permitted Type 2 (Not permitted in TOD Overlay Zone, See Div. 3.10). . .. . . . . .•Amend Division 4.21:Division 4.21 General Commercial District (C-G)(2) The following uses are permitted in subdistricts of the C-G District, subject to Basic Development Review (BDR), Minor Amendment (MA), Administrative (Type 1) Review or Planning and Zoning Board (Type 2) Review as specifically identified on the chart below: LUC Article Four – Zone District Standards 13I-25Enclosed Mini-Storage – LUC ChangeAs a follow up to this proposed LUC amendment, staff will developnew design standards for the Enclosed Mini-Storage use to becoordinated with Phase 2 of the Land Use Code Update in 2023-24. 14I-25Enclosed Mini-Storage – LUC ChangeFirst Reading of Ordinance, Adopting a Land Use Code Amendment, Regarding Proposed Enclosed Mini-Storage Use Restriction in the Transit-Oriented Development (TOD) Overlay Zone District. 15I-25Staff RecommendationStaff recommends approval of the Ordinance on First Reading -1- ORDINANCE NO. 018, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY OF FORT COLLINS LAND USE CODE TO REMOVE ENCLOSED MINI-STORAGE AS AN ALLOWED USE IN THE PORTION OF THE GENERAL COMMERCIAL ZONE DISTRICT WITHIN THE TRANSIT-ORIENTED DEVELOPMENT OVERLAY ZONE WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and the City Council that the Land Use Code would be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals, and citizens of the City; and WHEREAS, City staff has proposed the changes to the Land Use Code set forth below to better carry out the purpose of the Transit-Oriented Development Overlay Zone by removing enclosed mini-storage as an allowed use in any portion of the General Commercial zone district located within the Transit-Oriented Development Overlay Zone; and WHEREAS, at its January 20, 2022, meeting, the Planning and Zoning Commission unanimously recommended that City Council adopt the Land Use Code amendments set forth in this Ordinance; and WHEREAS, the City Council has determined that the recommended Land Use Code amendments are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 3.10.2 of the Land Use Code is hereby repealed in its entirety and held in reserve. 3.10.2 Permitted UsesReserved (A) Enclosed Mini-storage. Ground-floor enclosed mini-storage shall be prohibited. Enclosed mini-storage shall be allowed either below grade or on upper levels of a building. Section 3. That Section 4.21(2)(C) of the Land Use Code is hereby amended to read as follows: -2- Division 4.21 General Commercial District (C-G) . . . (2) The following uses are permitted in subdistricts of the C-G District, subject to Basic Development Review (BDR), Minor Amendment (MA), Administrative (Type 1) Review or Planning and Zoning Board (Type 2) Review as specifically identified on the chart below: Land Use I-25/SH 392 (CAC) General Commercial District (C-G) . . . C. COMMERCIAL/RETAIL . . . . . . . . . Enclosed mini-storage Not permitted Type 2 (Not permitted in TOD Overlay Zone, See Div. 3.10) . . . . . . . . . Introduced, considered favorably on first reading, and ordered published this 15th day of February, A.D. 2022, and to be presented for final passage on the 1st day of March, A.D. 2022. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 1st day of March, A.D. 2022. __________________________________ Mayor ATTEST: _____________________________ City Clerk