HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/01/2022 - SECOND READING OF ORDINANCE NO. 018, 2022, AMENDIN Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY March 1, 2022
CDNS-Planning
STAFF
Pete Wray, Senior City Planner
Brad Yatabe, Legal
SUBJECT
Second 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
This Ordinance, unanimously adopted on First Reading on February 15, 2022, adopts a Land Use Code
amendment for the General Commercial Zone District 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 Enclo sed
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 Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, February 15, 2022 (w/o attachme nts) (PDF)
2. Ordinance No. 018, 2022 (PDF)
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 District
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 allow 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 and 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 Corridor 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.
2.Amend the C-G zone to allow Enclosed Mini-Storage in the SCCP but require that such use must be
ATTACHMENT 1
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Agenda Item 12
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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 Commission 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 Prospect 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 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 Overlay in Article 3.
It is important 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 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: COPY
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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 transit-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 transit, 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 traffic, 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 the 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:
(A) Enclosed Mini-storage. Ground-floor enclosed mini-storage shall be prohibited. Enclosed mini-storage COPY
Agenda Item 12
Item # 12 Page 4
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) COPY
-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.
Section 3. That Section 4.21(2)(C) of the Land Use Code is hereby amended to read
as follows:
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:
-2-
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