HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/01/2022 - SECOND READING OF ORDINANCE NO. 020, 2022, SUPPORT Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY March 1, 2022
CDNS-Planning
STAFF
Caryn Champine, Director of PDT
Claire Havelda, Legal
SUBJECT
Second 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
This Ordinance, unanimously adopted on First Reading on February 15, 2022, authorizes 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.
Included as an attachment is suggested language to allow Lessees, with the Property Owner’s/Landlord’s written
permission, to offer housing for a household unit affected by the Marshall Fire. Requiring the Property
Owner/Landlord’s permission to the additional occupancy avoids inconsistency with an important underlying Land
Use Code premise, which requires owner consent for a binding action on a particular property.
STAFF RECOMMENDATION
Staff recommends approval of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, February 15, 2022 (w/o attachments) (PDF)
2. Proposed Additional Lanuage to Ordinance (PDF)
Agenda Item 23
Item # 23 Page 1
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 mechanism 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:
ATTACHMENT 1
COPY
Agenda Item 23
Item # 23 Page 2
• 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 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)
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: 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 and impact
the most likely scenarios for housing needs
COPY
Agenda Item 23
Item # 23 Page 3
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 authority 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) COPY
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, or lessees with the
express written permission of the owners, 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 eating facilities, who can additionally
verify housing displa cement by the Marshall Fire; 3) permits are to be issued to the property
owner, or lessee, and to require both the owner /lessee and proposed 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 lessee or new additional Household Unit; 5) permits must be requested within
twelve (12) months of the date of this Ordinance, 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 C ode (and other life/safety Code provisions); and 7) the
Community Development Neighborhood Services Director shall approve and administer
permits.
ATTACHMENT 2
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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 LUC Section 3.8.16, 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 eating
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 th e date of this Ordinance, 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 of
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