HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/18/2022 - RESOLUTION 2022-024 TO SUPPORT TEMPORARY HOUSING I Agenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY January 18, 2022
City Council
STAFF
Caryn Champine, Director of PDT
Claire Havelda, Legal
SUBJECT
Resolution 2022-024 To Support Temporary Housing in Fort Collins for Victims of the Marshall Fire.
EXECUTIVE SUMMARY
The purpose of this item is to consider formally supporting staff in refraining from enforcement of the Occupancy
Ordinance for households in Fort Collins that are hosting residents impacted by the Marshall/Boulder County Fire.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Context: On December 30, 2021, the Marshall Fire destroyed an estimated 1,084 homes and another 149
residential structures in Superior and parts of Louisville (Boulder County). On J anuary 4, 2022, members of
Council asked staff to:
• Summarize available housing relief connections, matchmaking services and ensure Fort Collins is part of this
network;
• Evaluate potential regulatory barriers that would prevent households in Fort Coll ins from hosting evacuees;
and
• Propose mechanisms that would result in removing or reducing regulatory barriers.
At the January 11, 2022, work session, Councilmembers discussed these regulatory barriers and potential
mechanisms to remove those barriers. Councilmembers provided feedback to staff to explore a resolution to
guide staff to use their prosecutorial discretion and limit occupancy related enforcement action with households
offering housing to residents impacted by the Marshall/Boulder County F ire. Councilmembers also expressed a
desire for staff to incorporate the proposed temporary housing permit mechanism in Phase 1 of the Land Use
Code (“LUC”) updates, including a provision intended to address HOA enforcement of contrary covenants.
Summary of Housing Relief Efforts: The Fort Collins Office of Emergency Preparedness and Security has
been in ongoing contact with Boulder County Office of Emergency Management. The following is a summary of
what we are learning:
• Requests for support: We have offered support to the Boulder County OEM and Larimer County OEM and
confirmed there are no requests for assistance. Boulder County has officially switched their efforts from
response to recovery. That means immediate, short-term response is no longer active and they are pivoting
to long term issues and resource needs to rebuild, restore, etc. There is no indication of short term,
temporary housing needs.
Agenda Item 17
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• Status of Housing Relief Efforts: Boulder County OEM reported all emergency congregate sheltering
programs and the Red Cross are closed or offline due to lack of need (with exception of one family). It is
important to note that many of these homes were owner occupied. The insurance industry has robust
recovery response programs and move large resources in response to these types of disasters.
• Housing Assistance/Matchmaking: There are multiple ways for property owners/managers to make their
properties available and many programs to build in resources to make properties available. Here are the
most widespread programs actively connecting and listing available properties for residents impacted by the
fire:
o Boulder Area Rental Housing Association
o Neighbor to Neighbor:
o AirBnB Open Home
o Disaster Assistance Center
o Colorado Housing Search (statewide)
A number of Fort Collins residents contacted Councilmembers expressing a desire to provide housing aid to
victims of the Marshall Fire, but were concerned that in doing so, they would run afoul of the City’s housing
regulations. These resident concerns initiated a larger conversation about how Fort Collins residents could aid
victims of natural disasters without running afoul of the City’s occupancy limitations. The following summarizes
the in-depth research staff provided Council and Council’s resulting analysis and direction.
Summary of Applicable Regulations/Scenarios: Taking different scenarios into account, staff determined that
our occupancy limits could create barriers for a household to host impacted residents. LUC Section 3.8.16
establishes allowances and limitations on the maximum occupants of a residential dwelling unit (single unit, two
unit, muti unit). Section 5.1.2 of the LUC definition of “Family” is linked to occupancy limits and could also create
barriers. It is also important to note the definition of “Occupancy” triggers applicability when a guest stays a total
of thirty (30) or more days. Based on these provisions, here are examples of scenarios and whether they would
be permitted (assuming all other things are equal and in compliance):
✓ Permitted: A code defined “family” (of any size and configuration) can host multiple guests (not part of the
defined family) for less than thirty (30) days.
✓ Permitted: A code defined “family” (of any size and configuration) can host other members of their family
provided they are related by blood, marriage, adoption, guardianship, etc. . . for any amount of time.
✓ Permitted: A code defined “family” (of any size and configuration) can host one additional person (not part of
the defined family) for more than thirty (30) days.
Not Permitted: A code defined “family” (of any size and configuration) could not host an additional “family” as
defined by our code, such as a single father and child for more than thirty (30) days.
Not Permitted: A code defined “family” (of any size and configuration) could not host two unrelated guests for
more than thirty (30) days.
Council Authority/Mechanisms: There are ways, consistent with our City Charter and Municipal Code, for the
City Council to remove the identified regulatory barriers. The following are identified options and a brief
assessment based on this current circumstance. This information is relevant for Council in determining the most
prudent method to move forward. Staff considered the following factors:
• Demonstrated need and alignment with the status of Boulder County OEM Recovery efforts (as summarized
in the beginning of this report);
• Equity implications;
• Level of administrative and enforcement complexity and alignment w ith the ability to respond quickly and
impact the most likely scenarios for housing needs
Agenda Item 17
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The following is a list of the four mechanisms considered:
• Municipal Code - Chapter 2; Article 6: Declaration of a Local Emergency
• City Charter - Article 8 Definitions: Issuance of an Emergency Ordinance
• City Charter Article 1; Section 4 - Powers of City - Prosecutorial Discretion
• City Charter Article 1; Section 4 - Powers of City - Permitted Exemption
Work Session Feedback: Upon consideration of these four mechanisms, most Councilmembers asked staff to
explore authority under our City Charter powers to use prosecutorial discretion and limit enforcement of our
Occupancy Ordinance (specifically, LUC Section 3.8.16) for households hosting residents demonstrab ly impacted
by the Marshall Fire. The proposed Resolution considers specific feedback from Council:
• Directing the Interim City Manager, through City staff, particularly Code Enforcement, to refrain from enforcing
occupancy limitations against people te mporarily residing within a household in Fort Collins because of
displacement by the Boulder County Marshall Fire for the period of one-year. Council may extend this
timeframe based on need and utilization rates.
• Directing staff to incorporate a temporary emergency housing permit mechanism in the Phase 1 LUC updates,
including provisions intended to address HOA enforcement of contrary covenants.
ATTACHMENTS
1. Powerpoint Presentation (PDF)
Temporary Housing for Disaster Relief1-18-2022City Council MeetingCaryn ChampineATTACHMENT 1
2Context• Dec 30, 2021: • The Marshall Fire resulted in an estimated 1,084 homes destroyed, and another 149 residential structures damaged in Superior and parts of Louisville (Boulder County)• January 4, 2022: • Fort Collins City Council asked staff to evaluate potential regulatory barriers that would prevent households in Fort Collins from hosting evacuees; and propose temporary solutions
3Summary of Housing Relief Efforts•Requests for support: • Boulder County OEM has not accepted offers of support• Boulder County has officially switched their efforts from response to recovery• There is no indication of short term, temporary housing needs•Status of Housing Relief Efforts: • Boulder County OEM reported all emergency congregate sheltering programs and the Red Cross are closed or offline due to lack of need • Many homes were owner occupied and the insurance industry has robust recovery response programs•Housing Assistance/Matchmaking:• Boulder Area Rental Housing Association• Neighbor to Neighbor: • AirBnB Open Home• Disaster Assistance Center• Colorado Housing Search (statewide)
4Context• Staff evaluated multiple codes and scenarios in their analysis:• Relationship between the households• Length of stay• Accommodations offered: spare bedrooms, additional space (e.g. basement apartment)• Staff determined the greatest barrier in Fort Collins to support the ability to house residents impacted by the fire is the occupancy regulations• Relevant Examples:•Permitted:A code defined “family” can host other members of their family provided they are related by blood, marriage, adoption, guardianship, etc for any amount of time.•Not Permitted: A code defined “family” could not host an additional “family” as defined by our code, such as a single father and child for more than thirty (30) days.
5Preferred Approach Remove BarriersDemonstrated Need Equity Administration and EnforcementDeclaration of EmergencyClear justification this is a Fort Collins emergencyN/A Complexity of various codes, a specific group, and active code update effortsEmergency OrdinanceEvidence there are emergency conditions present in Fort CollinsProviding aid to a particular group of people experiencing homelessnessComplexity of various codes, a specific group, and active code update effortsCity Powers –Prosecutorial DiscretionSupport that regulations limit our ability to address impacts from the fireEnforcement discretion/relief to a particular group of people experiencing homelessness Passive approach that may not offer certaintyCity Powers –Permitted ExemptionSupport that regulations limit our ability to address impacts from the fireLess significant as a narrowly defined programPro-Active approach that creates process and ability to monitor
6Draft Resolution Summary• Applicability: • Finding of impact on Fort Collins to provide relief to residents impacted by the Marshall Fire• One year (with ability to extend)• Setting the Record:• Establishes timeline of Council’s request and discussion• Identifies considerations of demonstrated need, equity, administration, and enforcement• Concludes the greatest barrier is the LUC’s Occupancy Code Section 3.8.16• Appropriate Response: • Encourages/directs Code Enforcement Staff to exercise discretion when enforcing LUC occupancy• Specifically applicable to those impacted by the Marshall Fire• Directs staff to incorporate a lasting procedure in Phase 1 of the LUC Update• Does not preempt active review of occupancy limits
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RESOLUTION 2022-024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
TO SUPPORT TEMPORARY HOUSING IN FORT COLLINS FOR VICTIMS OF THE
MARSHALL FIRE
WHEREAS, on December 30, 2021, the Marshall Fire destroyed about 1,084 homes and
another 149 residential structures in Superior and parts of Louisville, Colorado (Boulder
County); and
WHEREAS, City Council finds that the Marshall Fire had a small but significant impact
on Fort Collins residents, particularly those wishing to provide temporary housing
accommodations to fire victims; and
WHEREAS, the Council further finds that due to its North Front Range location, the Fort
Collins community has an opportunity to lend support and assistance to those who have lost
homes in the Marshall Fire through temporary housing; and
WHEREAS, on January 4, 2022, City Council asked staff to: 1) summarize available
housing relief connections and matchmaking services; 2) evaluate potential regulatory barriers
that would prevent households in Fort Collins from hosting evacuees; and 3) propose
mechanisms that would result in removing or reducing regulatory barriers; and
WHEREAS, on January 11, 2022,
staff presented information to Council about the regulatory barriers limiting Fort Collins
residents from offering housing assistance to victims of the Marshall Fire; and
WHEREAS, staff concluded that the greatest barrier is the City’s occupancy limits in
Section 3.8.16 of the Land Use Code (“LUC”); and
WHEREAS, Council carefully reviewed the demonstrated need, equity considerations,
and administrative enforcement issues associated with modifying occupancy limits as they relate
to temporary disaster relief related emergency housing; and
WHEREAS, based on its review of numerous options, Council believes the most
appropriate response to removing emergency housing barriers to those affected by the Marshall
Fire is to direct the Interim City Manager, though City staff, to exercise prosecutorial discretion
and refrain from enforcing LUC occupancy limits against those demonstrably affected by the
Marshall Fire; and
WHEREAS, Council further identified the need to establish an ongoing mechanism in the
LUC for responding to future emergency circumstances for which temporary housing may be a
necessary part of recovery as part of the upcoming LUC Phase I updates.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That the Council directs the Interim City Manager, through City staff, to
exercise their enforcement discretion and refrain from enforcing LUC occupancy limits against
those demonstrably affected by the Boulder County Marshall Fire for the period of one-year.
Section 3. That the Council hereby directs the Interim City Manager to report to the
Council no later than November 1, 2022, regarding the utilization and outcomes of this
temporary housing initiative, to the extent information is available, in order to assist Council in
determining whether it should be continued beyond the initial year.
Section 4. That the Council directs the Interim City Manager, through City staff, to
incorporate a temporary emergency housing measures in the Phase 1 LUC updates, including
provisions proscribing enforcement of covenants that are in conflict with the measures.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
18th day of January, A.D. 2022.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk