HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/15/2022 - FIRST READING OF ORDINANCE NO. 020, 2022 SUPPORTIN Agenda Item 23
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AGENDA ITEM SUMMARY February 15, 2022
City Council
STAFF
Caryn Champine, Director of PDT
Claire Havelda, Legal
SUBJECT
First Reading of Ordinance No. 020, 2022 Supporting Temporary Fort Collins Housing Permits for Victims of
the Marshall/Boulder County Fire as an Exception to Land Use Code Section 3.8.16 Occupancy Limits.
EXECUTIVE SUMMARY
The purpose of this item is to consider adoption of an ordinance authorizing staff to implement a permit process to
request relief from the Occupancy Ordinance Land Use Code (“LUC”) Section 3.8.16 for the purpose of hosting
residents impacted by the Marshall/Boulder County Fire.
STAFF RECOMMENDATION
Staff recommends approval of the Ordinance on First Reading.
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 January 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 Collins 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 police power and limit occupancy related enforcement action with households offering
housing to residents impacted by the Marshall/Boulder County Fire. Council also directed staff to incorporate the
proposed temporary housing permit mechan ism in Phase 1 of the “LUC updates, including a provision intended to
address HOA enforcement of contrary covenants.
On January 18, 2022, Council considered the resolution to refrain from enforcing the Occupancy Ordinance for
households offering housing to those impacted by the fire. After discussing implications and considering
community feedback, Council determined their preferred approach was to propose a permit process which would
also be an exception to LUC 3.8.16. Staff was asked to bring back an Ordinance.
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:
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• 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.
• 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 availab le. 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)
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 comp liance):
✓ 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 me mbers 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: Through our City Charter and Municipal Code, Council has authority to
remove regulatory barriers. The following is a summary of this authority and a brief assessment based on this
current circumstance. This information is relevant for Council in determining the most prudent method to move
forward. City 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 with the ability to respond quickly a nd
impact the most likely scenarios for housing needs
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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
Council Direction: Based on these considerations, Council is considering deploying their au thority under City
Charter Article 1; Section 4 - Powers of City - Permitted Exemption. More specifically, Council wishes to
consider creating a Disaster Relief Permit Exemption Program.
If Council supports this option, staff would create a new permit that exempts households from the Occupancy
codes if they are providing housing for victims of the Marshal/Boulder County Fire. This permit would be
modelled after our Host Family Permit that allows exemption from occupancy limits for special circumstances
such as hosting an exchange student.
Permit Program Framework: If approved by Council, staff will create an application, implement review
criteria, and establish a process for issuing the Temporary Housing Permits Program (“Program”) for victims of
the Marshall Fire. The following is a summary of the program framework to minimize neighborhood impacts
and maximize protection of public health and safety:
Application Component Conceptual Framework
Fee No fee
Allowable Dwelling Type Single, two, and multi-unit dwellings *Council may wish to consider limiting to a subset of
these dwelling unit types
Applicant Owner/renter AND additional occupants Permit would be non-transferrable
Proof/verification of impact on the additional occupants (Marshall Fire only)
Renters require permission from landlord
Occupancy Limit Max one (1) additional household
Time Limit Program: Max 36 months with no new permits after 12 months
Permit: Max 24 months (can extend if program extends)
Review
Discretion/Considerations
Ability to conduct an inspection
Ability to consider history of chronic nuisance and criminal activity
On-going compliance with applicable Building Code (and other life/safety codes)
Provision of adequate parking
Other Details Violations: recourse if false claim; or noncompliance.
Approving authority is the CDNS Director.
HOA Applicability - Ability to override with compelling public purpose in the short term
CITY FINANCIAL IMPACTS
The City does not anticipate any financial impacts because of anticipated low volume of applications. In
addition, this program is very similar to an existing program, so the implementation requires limited staff
resources and training.
PUBLIC OUTREACH
City leaders and Councilmembers received emails and public testimony expressing concern over refraining
from enforcement. This informed the direction to change the approach to a permit program.
ATTACHMENTS
1. Powerpoint Presentation (PDF)
Temporary Housing for Disaster Relief2-15-2022City 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 victims of the fire; and propose temporary solutions•January 11, 2022: City Council Work Session to consider options and guide next steps•January 18, 2022: City Council consideration of a resolution to refrain/limit enforcement of occupancy regulations for households hosting victims of the fire; direction to staff to propose a permit exemption
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 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
6Summary of Marshall Fire Disaster Relief Host PermitFeeNo feeDwelling typeSingle, two, and multi unit dwellingsApplicantOwner/renter AND additional occupants (non transferrable)Proof/verification of impact on the additional occupants (Marshall Fire only)Occupancy LimitMax one (1) additional householdTime LimitProgram: Max 36 months with no new permits after 12 months Permit: Max 24 months (can extend if program extends)Review DiscretionAbility to conduct an inspectionAbility to consider history of chronic nuisance and criminal activityOn going compliance with applicable Building Code (and other life/safety)HOA/Covenant applicabilityAbility to override with compelling public purpose in the short term
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ORDINANCE NO. 020, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUPPORTING TEMPORARY FORT COLLINS HOUSING PERMITS FOR
VICTIMS OF THE MARSHALL/BOULDER COUNTY FIRE AS AN
EXCEPTION TO LAND USE CODE SECTION 3.8.16 OCCUPANCY LIMITS
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 significant impact on
residents of Fort Collins’ neighboring communities, and the City’s Land Use Code (“LUC”)
impedes Fort Collins residents who wish to provide temporary housing accommodations to fire
victims; and
WHEREAS, the City of Fort Collins has historically collaborated with other Colorado
communities to provide mutual aid in response to natural disasters; and
WHEREAS, on January 4, 2022, City Council asked staff to: 1) summarize housing relief
connections and matchmaking services; 2) evaluate potential regulatory barriers that would
prevent households in Fort Collins from hosting evacuees; and 3) propose ways to remove or
reduce regulatory barriers; and
WHEREAS, staff concluded that the greatest barrier to providing relief was the LUC
Section 3.8.16 regarding occupancy limits; and
WHEREAS, City Council carefully reviewed the demonstrated need, equity
considerations, and administrative enforcement issues associated with modifying occupancy
limits for temporary disaster relief to locally house Marshall Fire victims; and
WHEREAS, City Council finds it appropriate to establish a temporary emergency
housing permit program (the “Program”) that would allow the Community Development
Neighborhood Services Director to approve permits to provide local temporary housing to
victims of the Marshall Fire as an exception to LUC Section 3.8.16; and
WHEREAS, City Council also finds that this Ordinance is necessary and appropriate to
protect the public health, safety and welfare, serves the best interests of the residents of Fort
Collins, and covers matters of local concern.
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.
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Section 2. That City Council approves the development and implementation of the
Program for victims of the Marshall Fire which creates an application, implements review
criteria, and establishes a process for issuing the permits in accordance with this Ordinance, as an
exception to and notwithstanding, that the occupancy permitted under the Program may
otherwise be contrary to LUC Section 3.8.16.
Section 3. City Council directs the City Manager to establish the Program with the
following requirements: 1) allow owners of single- and multi-dwelling units to offer housing for
an additional Household Unit; 2) Household Unit shall mean any number of persons who live
together as a single housekeeping unit and share common living, sleeping, cooking and eatin g
facilities, who can additionally verify housing displacement by the Marshall Fire; 3) permits
are to be issued to the property owner, and to require both the owner and potential additional
Household Unit to apply for the permit and meet the requirements detailed therein; 4) while
permits may be transferred from one property owner to another upon sale of property, permits
are not transferrable to a new additional Household Unit ; 5) permits must be requested within
twelve (12) months of the date of this Ord inance, and may last twenty-four (24) months; 6)
Program participants are subject to the City’s inspection of the property, ensure ongoing
compliance with the Building Code (and other life/safety Code provisions); and 7) the
Community Development Neighborhood Services Director shall approve and administer
permits.
Section 4. Program permits shall be valid for no more than twenty-four (24) months
from the date of issuance, and not later than the termination of this Ordinance; provided,
however, that in the event that the Municipal Judge or Municipal Court Referee determines,
during the term of any such permit, that a violation of Chapter 17 or 20 of the City Code or
Section 3.8.16 of the LUC has occurred at the premises for which the permit was issued, the
permit may be revoked.
Section 5. The City Manager shall report back to City Council regarding the Program
no later than November 1, 2023.
Section 6. Unless otherwise revised by Council ordinance, this Ordinance shall be
automatically repealed on March 11, 2025; thirty-six (36) months from the date this Ordinance
becomes effective.
Section 7. This Ordinance is intended to temporarily override any contrary private
covenants as contrary to public policy during the term of this Ordinance. Enforcement of a
private covenants contrary to this Ordinance shall be considered a violation of this Ordinance
and a criminal misdemeanor under City Code Section 1-15.
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Introduced, considered favorably on first reading, and ordered published this 15th day o f
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