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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/02/2021 - EMERGENCY ORDINANCE NO. 144, 2021, SUSPENDING CERT Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY November 2, 2021 City Council STAFF Brittany Depew, Homelessness Specialist Jackie Kozak-Thiel, Chief Sustainability Officer Beth Yonce, Director of Social Sustainability Ingrid Decker, Legal SUBJECT Emergency Ordinance No. 144, 2021, Suspending Certain Provisions of the City’s Land Use Code and Building Code, and Temporarily Adopting Section 108 of the International Building Code, to Permit Temporary Use of City Property at 212 West Mountain Avenue as a Homeless Shelter. EXECUTIVE SUMMARY The purpose of this item is for Council to consider approving an emergency ordinance to allow a temporary overnight shelter in a City-owned building at 212 West Mountain Avenue. The number of shelter beds available in Fort Collins is currently insufficient, especially due to continued efforts to physically distance within shelters to help reduce transmission and community spread of COVID-19. During the winter shelter season of November 1 - April 30, concerns about life safety, and need for additional shelter space, increase. This ordinance would allow the use to occur immediately rather than undergoing the development review process for the proposed change in use. Emergency ordinances are authorized under the Charter in emergency circumstances and require the affirmative vote of at least five (5) members of Council for passage. STAFF RECOMMENDATION Staff recommends adoption of the Emergency Ordinance. BACKGROUND / DISCUSSION The State of Colorado issued an Emergency Disaster Declaration related to COVID-19 on March 11, 2020. In subsequent Public Health Orders, the Colorado Department of Public Health and Environment strongly urged governments to make shelter available to people experiencing homelessness as soon as possible to the maximum extent practical. The City Manager, as the Director of the City’s Office of Emergency Management, proclaimed a “local emergency” on March 13, 2020, in accordance with City Code, and Council extended the City Manager’s proclamation with the adoption of Resolution 2020-030. The prevention and management of exposure to COVID-19 and mitigation of related impacts of all kinds continue to require emergency action by the City and continued social distancing to reduce its transmission. Since the beginning of the pandemic, capacity at Fort Collins Rescue Mission (local men’s shelter) has been reduced to allow for social distancing, resulting in many nights when there is not enough space for all who may be seeking shelter. The City worked collaboratively with service provider agencies to host an emergency 24/7 shelter in 2020 and during the winter months last year. On September 1, 2020, Council approved Emergency Ordinance No. 110, 2020, temporarily suspending certain provisions of the City’s Land Use Code to permit temporary use of a building owned by the Food Bank for Larimer County as a homeless shelter. This winter Agenda Item 12 Item # 12 Page 2 shelter provided overnight accommodations for approximately 150 men per night from November 2020 through April 2021. Staff and community partners have searched for several months for a viable location to fill the critical gap of overnight shelter for this winter season. The City owns a property at 212 West Mountain Avenue in Fort Collins and intends to enter into a lease with Fort Collins Rescue Mission to operate a portion of the property as an overnight shelter for people experiencing homelessness from November 2021 through April 2022. The City will donate use of the building to Fort Collins Rescue Mission to operate as a secondary location when all beds at the Rescue Mission’s primary location (316 Jefferson Street) are full. The building at 212 West Mountain can accommodate up to 49 people. While a homeless shelter is a permitted use under the current zoning for the West Mountain property (Downtown - Civic), the City’s Land Use Code (LUC) requires review by the Planning & Zoning Commission and requires development standards that would also be applied to the property as part of the review process. This emergency ordinance would further the City’s emergency response related to COVID by waiving these LUC requirements so that additional shelter for people experiencing homelessness can be provided as quickly as possible. The City Charter authorizes Council to adopt emergency ordinances, which are adopted with one reading by the affirmative vote of at least five (5) members of the Council. CITY FINANCIAL IMPACTS The City will donate use of the building to Fort Collins Rescue Mission to operate as a temporary overnight homeless shelter from November 2021 through April 2022. Staff may utilize a portion of our Seasonal Overflow Shelter budget, as well as seek ARPA funds to help cover costs of security and partial support of general maintenance. Fort Collins Rescue Mission will provide staffing and partial support of general maintenance. PUBLIC OUTREACH The following communications have occurred or will occur prior to the Rescue Mission’s occupancy of the City building: • Direct outreach to businesses in nearest proximity to this location (last week of October). • Once approved, press release on November 3, 2021. • Once approved, communications to neighbors and nearby businesses will occur through mailers in early November. -1- EMERGENCY ORDINANCE NO. 144, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUSPENDING CERTAIN PROVISIONS OF THE CITY’S LAND USE CODE AND BUILDING CODE, AND TEMPORARILY ADOPTING SECTION 108 OF THE INTERNATIONAL BUILDING CODE, TO PERMIT TEMPORARY USE OF CITY PROPERTY AT 212 WEST MOUNTAIN AVENUE AS A HOMELESS SHELTER 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 prevention and management of exposure to COVID-19 and mitigation of related impacts of all kinds continue to require emergency action by the City and continued social distancing in order to reduce its transmission; 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 WHEREAS, as part of its Seventh Amended Public Health Order 20-38 dated September 30, 2021, the Colorado Department of Public Health and Environment strongly urges governments to make shelter available to people experiencing homelessness as soon as possible and to the maximum extent practicable; and WHEREAS, this emergency ordinance is meant to further the City’s emergency response related to COVID-19 consistent with PHO 20-38 by providing shelter to people experiencing homelessness as soon as possible; and WHEREAS, because of social distancing requirements there are many nights when local shelter providers do not have enough space to house all those who may be seeking shelter; and WHEREAS, adequate shelter space that permits social distancing will become increasingly important as fall and winter weather sets in and individuals are at risk from cold and flu viruses as well as COVID-19; and WHEREAS, the City is the owner of property located at 212 West Mountain Avenue (the “Property”), which the City wishes to lease to the Fort Collins Rescue Mission to operate as an -2- overnight shelter for persons experiencing homelessness from November 2021 through April 2022; and WHEREAS, while a homeless shelter is a permitted use under the current zoning for the property (Downtown Zone – Civic Subdistrict), the City’s Land Use Code (“LUC”) requires review by the Planning and Zoning Board to permit the use of the Property as a homeless shelter, as such a change in use of the building is considered “development” under LUC Division 5.1.2; and WHEREAS, LUC Article 3 and LUC Article 4, Division 4.16 set forth development standards that would also be applied to the Property as part of such a review process; and WHEREAS, the City has adopted the 2018 International Building Code (IBC) as amended by the City; and WHEREAS, under Section 5-27(11) of the City Code one such amendment was to delete, in its entirety, Section 108 of the IBC regarding temporary structures and uses, which reads as follows: SECTION 108 TEMPORARY STRUCTURES AND USES 108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. 108.2 Conformance. Temporary structures and uses shall comply with the requirements in Section 3103. 108.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70. 108.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. and WHEREAS, City staff intends to ask the City Council to reinstate IBC Section 108 as part of City Building Code updates planned for spring of 2022; and WHEREAS, adopting Section 108 now on a temporary, emergency basis would give the City’s Building Official authority to issue a permit for a temporary use of a building for purposes -3- like a homeless shelter, whether on the Property or in another location, during the COVID-19 pandemic; and WHEREAS, the Building Official would work with Poudre Fire Authority to establish safety requirements for the Property before issuing a permit for such temporary use; and WHEREAS, in order to provide additional shelter for persons experiencing homelessness as quickly as possible, 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 adopt IBC Section 108 and to suspend the application of certain requirements of the LUC with respect to the Property for so long as the City is using it as a shelter for persons experiencing homelessness; and WHEREAS, Article II, Section 6 of the City Charter authorizes the Council to adopt emergency ordinances, which shall be finally passed on first reading by the affirmative vote of at least five members of the Council, and which shall contain a specific statement of the nature of the emergency. 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, with respect only to the Property and its use as a homeless shelter through April 30, 2022, the City Council hereby suspends the requirements of: • LUC Article 3 regarding general development standards; • LUC Division 4.16 regarding development standards and the development review process for use of the property as a homeless shelter; • LUC Division 2.2 regarding the common development review procedures for development applications; and • LUC Division 2.4 and 2.5 requiring a project development plan (PDP) and final plan for a proposed homeless shelter on the Property. Section 3. That the City Council hereby adopts IBC Section 108 for the limited purpose of permitting the use of property within the City for homeless shelters or other similar emergency uses on a temporary basis during the COVID-19 pandemic, or until the City Council amends Chapter 5 of the City Code to include IBC Section 108, whichever comes first. Section 4. That all other applicable provisions of the City Code, rules and regulations, including but not limited to health and safety requirements, will continue to apply to the Property. Section 5. That the Interim City Clerk is hereby directed to cause the publication of this Emergency Ordinance in accordance with the Fort Collins City Charter. -4- Introduced, considered favorably by at least five (5) members of the Council of the City of Fort Collins and finally passed as an emergency ordinance and ordered published this 2nd day of November, 2021. __________________________________ Mayor ATTEST: _____________________________ Interim City Clerk