HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/01/2008 - FIRST READING OF ORDINANCE NO. 079, 2008, AMENDING ITEM NUMBER: 25
AGENDA ITEM SUMMARY DATE: July 1, 2008
FORT COLLINS CITY COUNCIL STAFF: Cameron Gloss
SUBJECT
First Reading of Ordinance No. 079, 2008, Amending Section 4.5(b) of the Land Use Code of the
City Pertaining to Shelters for Victims of Domestic Violence.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
The Planning and Zoning Board recommends approval of the proposed change.
EXECUTIVE SUMMARY
This Ordinance will amend the permitted use list of the Low Density Mixed-use Neighborhood(L-
M-N) to cap the number of residents in a Shelter for Victims of Domestic Violence allowed as a
Basic Development Review at 15 clients. Also, the Ordinance will add Shelters for Victims of
Domestic Violence allowed as a Type Two Review but with an unlimited number of clients.
BACKGROUND
In the Fall 2006, social service professionals asked that a new land use category be created for
"Shelters for Victims of Domestic Violence"so as to be distinct from"Group Homes." Further,the
revision included processing this newly defined use as Basic Development Review versus a Type
One or Type Two review for the sole purpose of not having a public hearing with its requisite public
notification.
The concept was that multiple shelters needed to be more geographically dispersed throughout the
community. And, as each new shelter opened, its location needed to be kept confidential for
security purposes. These revisions were adopted.
Since the Fall 2006, however, two factors have led to an evolution of how best to place shelters in
the City. First, a former large nursing home has been offered to Crossroads Safehouse. The size
of this facility would allow Crossroads to serve a significantly larger population(approximately 50
clients) than allowed by the existing facility. Second, security is now viewed to be based on
securing the building itself versus keeping the building's location secret. Instead of several small-
scale shelters with discreet locations, one large, secure shelter would create an efficient level of
service even though its location would be of public record.
July 1, 2008 -2- Item No. 25
The regulations governing Large Group Homes and Shelters for Victims of Domestic Violence in
the L-M-N zone cap the maximum allowable number of clients at 15. Since this standard is a
General Development Standard (Article Three) and not a Permitted Use Standard(Article Four) it
is able to be modified.
The potential building is in the L-M-N zone. As a land use permitted by a Basic Development
Review,any request for more than 15 clients could only be granted by the Zoning Board of Appeals
which has limited ability to consider land use issues. If the land use were shifted to Type Two
Review, Shelters for Victims of Domestic Violence would be considered a permitted use, subject
to review by the Planning and Zoning Board.
This distinction is important. The only conceivable justification for granting a modification to
increase the number of clients from 15 to approximately 50 would be if the modification were found
to:
"...substantially alleviate an existing, defined, and described problem of city-wide
concern or would result in a substantial benefit to the city by reason of the fact that
the proposed project would substantially address an important community need... "
Only the Planning and Zoning Board is authorized to use this criterion for granting a modification.
The only path for consideration by the Planning and Zoning Board is as a Type Two Review.
Since the Zoning Board of Appeals is not authorized to use the aforementioned criterion,processing
a modification as part of Basic Development Review would result in the inability of the Zoning
Board of Appeals to make a finding favorable to the applicant.
Under either scenario, the minimum separation requirement of 1,000 feet, as defined by the
supplemental regulations in Section 3.8.6, would still apply.
The proposed solution is to amend the L-M-N zone permitted use list so that"Shelters for Victims
of Domestic Violence" are still allowed as a Basic Development Review but not to exceed 15
clients. Then the use will also be added as a Type Two Review permitted use for more than 15
clients.
Thus Crossroads Safehouse, as a Shelter for Victims of Domestic Violence for more than 15
residents,would be a Type Two Permitted Use,subject to review by the Planning and Zoning Board,
including public notification,neighborhood meeting and public hearing. The only criteria of Section
3.8.6 that would apply would be the separation of 1,000 feet from a similar facility but not the
maximum allowable number of 15 residents.
ATTACHMENTS
I. Draft minutes from the June 19, 2008 Planning and Zoning Board meeting.
ATTACHMENT 1
Planning and ZoningBoard Minutes
June • 2008
. 00
Council Liaison: Diggs Brown Staff Liaison: Cameron Gloss
Vice Chair: William Stockover Phone: (W) 226-4328
Vice Chair Stockover called the meeting to order at 6:00 p.m.
Roll Call: Campana, Rollins, Smith, Stockover, and Wetzler
Excused Absences: Lingle, Schmidt
Staff Present: Gloss, Daggett, Shepard, and Suess
Agenda Review. Director Gloss reviewed the Consent arid.Discussion agenda. Of special note: In
addition to the items on the Consent agenda, there is one additional item under other business. The
City did a revised advertisement for this hearing that reflected a>Land Use Code text amendment
which would amend Section 4.5(B)(3) of the LUC to expand the permitted use list in the L-M-N zone
district to add shelters for victims of domestic olence for more than 15 clients as a P & Z Board or
Type II Review process. Director Gloss stated he expected some pulblic comment and recommended
the Board hear this as a discussion item.
Citizen participation:
None
Vice Chair Stockover asked memb€fs of the audience and the Board if they wanted to pull any items
off the consent agenda. there were no further changes.
Consent Agenda.;
1. Minutes fro, the May 15, 2008 Planning and Zoning Board Hearing
2. Rickards Lake to,Waverly Transmission Line Project—Site Plan Advisory Review
3. Amendments to th6 Planning &zoning Board Bylaws
Member Similth moved for the approval of the Consent Agenda including minutes from the May
15, 2008 Planning and Zoning Board Hearing and the Richards Lake to Waverly Transmission
Line Project—Site Plan Advisory Review, and the recommendation to City Council on the
amendments to the Planning &Zoning Board By-laws. Member Campana seconded the
motion. Motion was,-Proved 5:0.
Other Business:
LUC Text Amendment—Amend Section 4.5(B)(3) of the Land Use Code— Permitted Uses in the
L-M-N —to add "Shelters for Victims of Domestic Violence" for more than 15 clients to a P &Z (Type
ll) Review.
Hearing Testimony, Written Comments and Other Evidence
Staff Shepard stated the purpose of this discussion item was to make a recommendation to City
Council regarding approval of this LUC Text Amendment. Staff Shepard stated this LUC amendment
Planning &Zoning Board
June 19, 2008
Page 2
is to the permitted use list in the L-M-N zone district. This amendment is not an addition of a
permitted use because the use is currently permitted, but there is a cap on the number of residents
that are allowed.
Problem Statement: In the Fall of 2006, social service professionals asked that we create a new land
use category for"Shelters for Victims of Domestic Violence" so as to be distinct from "Group Homes."
Further, the revision included processing this newly defined use as Basic Development Review versus
a Type One or Type Two review for the sole purpose of not having a public hearing with its requisite
public notification.
The concept was that multiple shelters needed to be more geographically dispersed throughout the
community. And, that as each new shelter opened, its location needed to.,be kept confidential for
security purposes. These revisions were adopted.
Since the Fall of 2006, however, two factors have led to an evolution of how beato place shelters in
the City. First, a former large nursing home has been offered to Crossroads Safeuse. The size of
this facility would allow Crossroads to serve a significantly larger population (appro7of Mely 50 clients)
than allowed by the existing facility. Second, securityis now viewed to be based on s*hng the
building itself versus keeping the building's location secret. Instead of several small-scale shelters
with discreet locations, one large, secure shelter would create an efficient level of service even though
its location would be of public record.
The regulations governing Large Group Honte3 and Shelters for Victim's,of Domestic Violence in the
L-M-N zone cap the maximum allowable number i clients at 15. Sind his standard is a General
Development Standard (Article Three) and not a Permitted Use Standard (Article Four) it is able to be
modified.
It just so happens that the potentiaLbuilding is in the L-M-N zone.'As a land use permitted by a Basic
Development Review, any request for more than 15 clients could only be granted through a variance
by the Zoning Board of Appeals whiojl:has limited ability to consider land use issues. If the land use
were shifted to Type Two Review, Shelters for Victims of Domestic Violence would be considered a
permitted use, subject to review by the Planning and Zoning Board.
This distort sn is important The only,conceivable justification for granting a modification to increase
the number of clients beyond 15 would be if the modification were found to:
"...substantially alleviate an existing, defined, and described problem of city-wide
concern or would result in,a substantial benefit to the city by reason of the fact that the
proposed,project would substantially address an important community need..."
Only the Planning and Zoning Board is authorized to use this criterion for granting a modification. The
only path for consideration by the P & Z Board is as a Type Two Review.
Since the Zoning Board of Appeals is not authorized to use the aforementioned criterion, processing a
modification as part of Basic Development Review would result in the inability of the ZBA to make a
finding favorable to the applicant.
Under either scenario, the minimum separation requirement of 1,000 feet, as defined by the
supplemental regulations in Section 3.8.6, would still apply.
Planning & Zoning Board
June 19, 2008
Page 3
Proposed Solution Overview: The proposed solution is to amend the L-M-N zone permitted use list so
that"Shelters for Victims of Domestic Violence" are still allowed as a Basic Development Review but
not to exceed 15 clients. Then the use will also be added as a Type Two Review permitted use for
more than 15 clients.
Thus Crossroads Safehouse, as a Shelter for Victims of Domestic Violence for more than 15
residents, would be a Type Two Permitted Use, subject to review by the Planning and Zoning Board,
including public notification, neighborhood meeting and public hearing. The only criteria of Section
3.8.6 that would apply would be the separation of 1,000 feet from a similar facility, but not the
maximum allowable number of 15 residents.
Public Input
Alyce Kaehler, 1615 Whedbee Street, Fort Collins. Ms. Kaehler stated that she,and her husband
have lived in close proximity to the proposed Crossroads Safehouse site for 46 years. She expressed
concerns about the disruptive demolition and building materials disposal process tttat would be
necessary to redevelop that property. She said the neighborhood will be improved by-the project and
believes the building will provide safe and comfortable housing for persons whose lives are in crisis.
She and her husband wholeheartedly support the change in code required to allow Crossroads
Safehouse to own this building and become part of their neighborhood.
Vicki Lutz, Fort Collins. Ms. Lutz is the Executive Director of Crossroads Safehouse. She stated that
she is appreciative of the opportunity to unlock the door that could make the difference between life
and death for hundreds in this area in the future—almost half of whom are children. They have
already done an open house and provided notice to everyone within 800 feet . She believes this is an
amazing gift to the city, one which will benefit the community. They will put a significant amount of
money into a beautiful building constructed in 1959, and hope to make it an active, positive piece of a
vital community.
End of Public Input
Member Smith moved to recornmerfd to City Council the Land Use Code Text Amendment
amending Sewn-C B)(3) of- a Land Us's Code, permitted uses in the L-M-N to add shelters
for victims of domestic violence-for more than 15 clients as a Planning and Zoning Board
(Type II) Review. Member=Rollins seconded the motion.
Motion was approved 5:0.
Other Business: None.
Meeting adjourned aY6;17 p.m.
Cameron Gloss, Director William Stockover, Vice Chair
ORDINANCE NO. 079, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 4. 5 (B) OF THE LAND USE CODE
OF THE CITY PERTAINING TO SHELTERS FOR VICTIMS OF DOMESTIC VIOLENCE
WHEREAS , domestic violence is a matter of grave concern to the community and to the City
Council; and
WHEREAS , the Council has determined that the City ' s present procedure of approving
shelters for victims of domestic violence without a public hearing before the Planning and Zoning
Board should apply only to those shelters that contain a maximum of fifteen residents, and that there
should be a hearing before the Planning and Zoning Board for the approval of any such shelters that
contain more than fifteen residents; and
WHEREAS , the Council has further determined that such an amendment to the Land Use
Code would afford a much needed mechanism for the approval of large capacity shelters for victims
of domestic violence while still protecting the needs of the surrounding neighborhoods to comment
upon the impact of such shelters .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows :
Section 1 . That Section 4 . 5 (B)( 1 )(e) of the Land Use Code is hereby amended to read
as follows :
(e) Residential Uses :
1 . Extra occupancy rental houses with four (4) or
fewer tenants .
2 . Shelters for victims of domestic
violence for up to fifteen ( 15)
residents .
Section 2 . That Section 4 . 5 (B)(3)(a) of the Land Use Code is hereby amended to read
as follows :
(a) Residential Uses :
l . Mobile home parks.
2 . Group homes, other than allowed in
subparagraph (2)(a)5 above .
3 . Multi-family dwellings containing more than
eight (8) units per building.
4 . Shelters for victims of domestic violence for
more than fifteen ( 15 ) residents .
Introduced, considered favorably on first reading, and ordered published this 1 st day of July,
A.D . 2008 , and to be presented for final passage on the 15th day of July, A.D . 2008 ,
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading on the 15th day of July, A.D . 2008 .
Mayor
ATTEST :
City Clerk