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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 04/20/2021 - FIRST READING OF ORDINANCE NO. 060, 2021, AMENDING Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY April 20, 2021 City Council STAFF Rebecca Everette, Development Review Manager Brad Yatabe, Legal SUBJECT First Reading of Ordinance No. 060, 2021, Amending Ordinance No. 116, 2020, to Extend the Suspension of Certain Provisions of the City's Land Use Code to Permit Temporary Use of Certain Non -Residential Buildings for Child Care Centers in Response to the COVID-19 Pandemic. EXECUTIVE SUMMARY The purpose of this item is to extend the end date described in Or dinance No. 116, 2020, which temporarily suspended certain provisions of the Land Use Code (LUC) to permit the temporary use of certain non - residential buildings for child care operations. The temporary suspension is set to end on May 28, 2021. This item would change the end date to August 31, 2021, to allow flexibility for remote summer school and other summer child care needs. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION On October 6, 2020, Council adopted Ordinance No. 116, 2020, which temporarily suspended certain provisions of the Land Use Code (LUC) to permit the use of certain non -residential buildings for child care. This time-bound exemption from zoning and development requirements allowed for child care operators to rapidly utilize existing buildings to offer remote learning centers and expanded child care options in response to the COVID-19 pandemic. Operators are still required to meet applicable building code, fire protection, a nd other health and safety requirements, as well as state licensing requirements. The timeframe for the temporary suspension was tied to the 2020-2021 academic school year that ends on May 28, 2021. Staff has received inquiries from child care operators about extending this timeframe through the end of the summer. Some facilities that are normally used for summer school instruction and other summer programming are not currently available, so there is an ongoing need for additional child care locations in the community. Staff previously anticipated that the local public health emergency would be resolved by the end of the current academic school year, but it has become apparent that there is continued demand for temporary child care facilities as a result of the COVID-19 pandemic through the summer months. This ordinance would establish a new end date of August 31, 2021 for the temporary LUC suspension for child care uses. Prior to the extension of any existing temporary certificate of occupancy issued pur suant to Ordinance No 116, 2020, the City’s Building Services will reinspect the premises to verify continued compliance with applicable regulations. Previously adopted Ordinance No. 116, 2020: <https://citydocs.fcgov.com/?cmd=convert&vid=3&docid=3496257&dt=ORDINANCE&doc_download_date=OC T-06-2020&ORDINANCE_NO=116> Agenda Item 18 Item # 18 Page 2 PARAMETERS FOR EXEMPTION Under Ordinance No. 116, 2020, the following parameters and limits apply for any LUC exemptions: • Applicable to buildings within City limits with existing approvals for the land uses listed below. • A temporary certificate of occupancy (TCO) must be issued by the City Building Services Division to ensure health and life safety requirements have been addressed. The end date for any TCO that has been issued pursuant to this exemption would be extended to August 31, 2021. o A building permit may be needed to address building code requirements prior to occupancy. o All applicable state licensing, building code, fire code, Americans with Disabilities Act, and health and safety requirements must still be satisfied o Capacity for individual classrooms and/or the building overall will be limited based on building code, fire code, County health, and state licensing requirements. • This ordinance would exempt temporary childcare uses from the requirement to bring the site into compliance with the LUC during the time period specified by the TCO; however, these improvements may be required through subsequent development review if the use extends beyond the approved timeframe. • If a child care center desires to extend operations beyond the 2020 -21 school year, the property owner or operator must initiate the applicable development review process no later than the end date of the temporary LUC suspension, which would be extended to August 31, 2021. o The development review process must be diligently pursued according to the timeframes prescribed in LUC Section 2.2.11 - Step 11: Lapse. o At the completion of the development review process, if approved, the property owner or operat or must complete all required site and building improvements to satisfy the requirements of the development review process to receive a full Certificate of Occupancy (CO). o An operator may be allowed to continue operating while they are diligently pursuin g the development review process and installation of site/building improvements, at the discretion of the Community Development & Neighborhood Services Director. Child care operations would be permitted in buildings with the following designated land uses, subject to the parameters described above: • Adult Day/Respite Care Center • Clubs and Lodges • Community Facilities • Conference/Convention Center • Entertainment Facilities & Theatres • Exhibit Halls • Health & Membership Clubs • Limited Indoor Recreation • Mixed use dwellings (non-residential portion only) • Neighborhood support and recreational facilities, including clubhouses • Offices, Financial Services, and Clinics • Personal & Business Service Shops • Place of Worship/Assembly • Public/Private school • Retail Establishment • Homeless Shelters • Day Shelters • Small Scale Reception Center • Unlimited indoor recreational uses and facilities Agenda Item 18 Item # 18 Page 3 Residential uses are not included in this exemption for the following reasons: • “Child care center” is defined by the LUC to only include operations serving “seven or more children under the age of sixteen years who are not related to the owner, operator or manager.” This does not include “family child care homes,” as defined by the State of Colorado. • In-home daycares and homeschooling “pods” generally would not fall under the definition of “child care center” and would not require development review, even without the exemption proposed by this ordinance. CITY FINANCIAL IMPACTS This Ordinance could result in a loss of revenue for the City in the form of development review fees and payments associated with development review improvements. However, staff time would not be spent on the tasks that such fees would cover, so the fiscal impact would be negligible. PUBLIC OUTREACH Staff has been in communication with child care providers to understand barriers and discuss alternative locations for virtual learning and child care during the COVID -19 pandemic. This outreach has assisted in identifying the need for Land Use Code exemptions to support the rapid deployment of child care during the current public emergency, as well as the ongoing need for remote learning centers and expanded child care operations through the end of August 2021. -1- ORDINANCE NO. 060, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ORDINANCE NO. 116, 2020, TO EXTEND THE SUSPENSION OF CERTAIN PROVISIONS OF THE CITY’S LAND USE CODE TO PERMIT TEMPORARY USE OF CERTAIN NON-RESIDENTIAL BUILDINGS FOR CHILD CARE CENTERS IN RESPONSE TO THE COVID-19 PANDEMIC WHEREAS, the City of Fort Collins is threatened with serious injury and damage, consisting of widespread human and economic impact caused by the Novel Coronavirus 2019 (COVID-19); and WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the life, health, safety and property of the citizens of the City and persons conducting business therein, and to attempt to minimize the loss of human life and the preservation of property, the City Manager, as the Director of the City’s Office of Emergency Management, proclaimed a “local emergency” in accordance with Section 2 -671(a)(1) of the City Code and activated the Emergency Operations Plan established pursuant to Section 2-673 of the City Code; and WHEREAS, the City Council has, with the adoption of Resolution 2020-030, extended the City Manager’s proclamation of local emergency; and WHEREAS, the State of Colorado declared its first Emergency Disaster Declaration related to COVID-19 on March 11, 2020, and the declared emergency remains in effect; and WHEREAS, to mitigate the impact of the COVID-19 public health emergency on the ability of local school districts to offer in -person classes and the inability of many parents to care for or supervise remote learning or to afford in-home child care, Ordinance No. 116, 2020, attached hereto as Exhibit “A,” suspended certain Land Use Code (“LUC”) requirements to allow buildings that had been previously approved for certain uses to be used as child care centers without the normal development review process; and WHEREAS, Section 7 of Ordinance No. 116, 2020, specifies that the suspension of LUC requirements and any temporary certificate of occupancy issued to allow the temporary operation of a child care center automatically terminates on May 28, 2021, unless the Director of Community Development and Neighborhood Services has granted an extension because a development application to approve a particular child care center has been submitted and such application is diligently pursued; and WHEREAS, because of the ongoing COVID-19 public health emergency, some facilities normally used for summer school instruction and other summer programming for children are not currently available and there is an ongoing need for additional child care; and WHEREAS, in consideration of the continuing urgent need for child care centers and supervision alternatives for families after the school year and during the summer, the City Council wishes to extend the temporary suspension of certain LUC requirements set forth in Ordinance No. 116, 2020, until August 31, 2021; and -2- WHEREAS, in order to help address the continuing urgent need for child care centers necessitated by the COVID-19 public health emergency, the City Council finds it is necessary for public health, safety and welfare, and in the best interests of the City and its residents, to extend the temporary suspension of the application of certain LUC requirements to facilitate the operation of child care centers using buildings that have already been approved for certain uses. 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 the City Council hereby amends all references to “May 28, 2021,” in Ordinance No. 116, 2020, to “August 31, 2021,” and renews the authority of Ordinance No. 116, 2020, to continue to suspend certain LUC requirements as stated therein. Section 3. That prior to the extension of any certificate of occupancy issued pursuant to Ordinance No 116, 2020, the premises will be subject to reinspection by the City’s Building Services. Introduced, considered favorably on first reading, and ordered published this 20th day of April, A.D. 2021, and to be presented for final passage on the 4th day of May, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 4th day of May, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk EXHIBIT A