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City Council Regular
Meeting Date: 08/07/2019  
Subject:    Consider Introduction of Ordinance to Extend Moratorium on Self-Storage Facilities.
From: David Brodie, City Attorney

The City Council is asked to introduce an ordinance to extend the current moratorium on the new development or expansion of existing self-storage facilities in the City for an additional 6-months. 
On February 19, 2019, City Council adopted an interim ordinance where the City would not accept any development applications related to new self-storage facilities or the expansion of on an existing facility.  This ordinance became effective on March 9, 2019 for a 6-month period.  During a short period before the moratorium there have been two requests related to self-storage facilities.  One of those proposals involved a site at 101st Avenue and Foley Boulevard and was ultimately approved by the Council.  The other was the proposal at Vale Street, which the Planning Commission denied and the City Council affirmed on a subsequent appeal by the applicant.  During these discussions there were questions raised about the number of facilities in town, the different types of self-storage facilities and where these uses are allowed (zoning districts).  Self-storage facilities are allowed as a conditional use in the General Commercial district; accessory outdoor storage is not allowed. In the Industrial District, self-storage facilities are a permitted use; outdoor storage accessory to a self-storage facility is also allowed, but requires a conditional use permit. There are additional standards related to self-storage facilities in the River Rapids Overlay District, as was discussed during the application that was denied for Vale Street.
Since the effective date of the interim ordinance, City staff has begun the assessment/study of the current policy and legislative options regarding self-storage facilities.  Staff has examined the market demand for self-storage facilities; examined the zoning districts where those uses are currently allowed; evaluated the potential locations where additional development might occur; and looked at whether existing regulations are adequate. Staff presented this assessment/study to the City Council at a work session on July 9, 2019.   City Council provide staff with direction for potential amendment to the zoning code and ask for continued study of the issue.  Since the work session, staff has been reviewing potential legislative options. 
With the moratorium set to expire on September 8, 2019, staff would be unable to complete the assessment/study before that date and City Council would not sufficient time to approve any legislative changes before that date.  Amendments to the Zoning Code are required to go through the Planning Commission for a recommendation prior to being introduced and adopted by the City Council.  Staff is asking that the moratorium be extended for one additional 6-month period to allow for any amendment to the Zoning Code.  City Council has authority under state law to extend the moratorium for one additional 6-month term (one year total).  During the effective dates of the extended interim ordinance, the City would continue not to accept any development applications related to new self-storage facilities or the expansion of an existing facility.  The ordinance would continue to exempt repairs and maintenance for existing facilities.  If the ordinance to extend the moratorium is adopted and the City completes its review and makes any amendments to its code, the ordinance may be repealed, if necessary, before its expiration date.    
Staff recommends that the Council introduce an ordinance extending the moratorium on the new development or expansion of existing self-storage facilities in the city for an additional 6-months.

Self Storage Moratorium Extension Ordinance

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