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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/01/2015 - FIRST READING OF ORDINANCE NO. 110, 2015, AMENDINGAgenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY September 1, 2015 City Council STAFF Ted Shepard, Chief Planner Sue Beck-Ferkiss, Social Sustainability Specialist SUBJECT First Reading of Ordinance No. 110, 2015, Amending the Land Use Code Pertaining to Seasonal Overflow Shelters and Homeless Shelters. EXECUTIVE SUMMARY The purpose of this item is to add two new uses, Seasonal Overflow Shelters and Homeless Shelters, amend Article Four to add these new uses to various appropriate zone districts and amend Article Three to add supplemental regulations and review criteria for Seasonal Overflow Shelters only. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Problem Statement Currently, the Land Use Code lacks a land use, Seasonal Overflow Shelters. There are two existing Homeless Shelters that have been operating long term in Fort Collins and when these shelters are full during winter, an overflow shelter is needed for life safety. Since a distinction needs to be made between the two existing Homeless Shelters and Seasonal Overflow Shelters, two new definitions are offered. During the winter months in Fort Collins, these two permanent year-round homeless shelters frequently run out of beds and turn people away. For the past several winters, the City of Fort Collins has worked with Catholic Charities and local churches (Saint Joseph’s and Community of Christ Church) to operate an overflow homeless shelter. Each winter, the overflow shelter has targeted different populations. This past winter, Community of Christ Church operated an overflow shelter for women only. Over the previous winter, this seasonal overflow shelter was in use every night except one since opening in the fall of 2014 with no complaints from neighbors. City Council adopted an emergency ordinance beginning with the onset of inclement weather in 2014 to allow overnight homeless shelters because such use is not a permitted use in the Land Use Code. Nor is “seasonal overflow shelter” a defined term in the Land Use Code. Winter overflow shelter is an anticipated regularly occurring need and shelters will likely see an increased demand for their services. The issue with having to pass an ordinance annually is timing as neither staff or City Council can predict when the weather will turn cold. An annual ordinance is a reactive measure that requires sufficient lead time in order to be placed on Council’s agenda and prevents shelters from operating when temperatures dip. By adding a definition for “seasonal overflow shelter” to Article Five, and assigning the use to the appropriate zone districts as a Basic Development Review in non-residential zones and as a Type Agenda Item 18 Item # 18 Page 2 One in three residential zones, the City would no longer have to pass an annual ordinance to allow this service. The proposed revisions will allow the City, places of worship and other non-profit organizations to provide more timely and predictable overflow shelter service to those in the community that need it most. The accompanying supplementary regulations in Article Three will provide criteria by which to review a Seasonal Overflow Shelter as a Basic Development Review, or a Type One Project Development Plan, require a neighborhood meeting and ensure that impacts, if any, are mitigated. Proposed Solution Overview The proposed solution is to define two new uses and add these uses to various appropriate zone districts. For Seasonal Homeless Shelters, placement into three residential zones is recommended, along arterials only. In addition, new supplemental regulations would be added to Section 3.8 to ensure that operations associated with Seasonal Overflow Shelters are compatible with surrounding uses. The selection of the various zone districts is strategically designed to allow locations that are either near services or provide opportunities for willing partners to open up their facilities and on a citywide basis primarily along arterial streets. Public Outreach Staff is keenly aware that public outreach is an important component in allowing Seasonal Overflow Shelters in the community. Consequently, one of the proposed standards requires that the City convene a neighborhood meeting. The standard states: “The City will convene a neighborhood meeting for each application for approval of a seasonal overflow shelter preceding each operating season that the shelter is functioning.” It is important to note that the neighborhood meeting must be held annually if the facility is to be used in consecutive years or for each year the facility is in use. This requirement is specifically intended to allow for citizen feedback on all aspects of the previous year’s performance. The standard notification procedure is established in Section 2.2.6 of the Land Use Code. This requires that the notification area for a neighborhood meeting is at least 800 feet and staff has the discretion to enlarge this area if necessary. The property is also posted with a sign to notify renters. Finally, as with all projects that governed by the Basic Development Review (BDR) or Administrative Hearing (Type One) processes, there is an established appeal procedure. Selecting an Operator With the requirement that the operator have shelter management experience, to the extent that staff does not have a prior relationship with a potential operator, staff would be able to conduct a background check, examine any history of zoning and nuisance complaints and any building code violations associated with past experience. Using these tools would be part of staff’s standard operating procedure in evaluating the management capability of any potential operator. CITY FINANCIAL IMPACTS There are no financial impacts associated with this Land Use Code revision. BOARD / COMMISSION RECOMMENDATION At its August 13, 2015 meeting, the Planning and Zoning Board voted 6 - 0 to recommend approval of this item. Agenda Item 18 Item # 18 Page 3 PUBLIC OUTREACH Staff conducted two meetings both of which were advertised by press releases. One meeting was held at 215 Mason Street and one was held at the Summitview Church, 1601 West Drake Road. In addition, online information was posted on the Social Sustainability website. Summaries of these meetings are attached (Attachment 1). ATTACHMENTS 1. Public Meeting summaries, June 25 and July 1, 2015 (PDF) 2. Zoning Matrix (PDF) 3. Letters in support of the proposed amendment (PDF) 4. Planning and Zoning Board minutes, August 13, 2015 (draft) (PDF) ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 Planning & Zoning Board August 13, 2015 Page 1 Discussion Agenda: 1. Land Use Code Revisions – Items related to siting and regulating homeless shelters and seasonal overflow shelters Project: Land Use Code Revisions – Items related to siting and regulating homeless shelters and seasonal overflow shelters Project Description: This is a request for a Recommendation to City Council regarding a variety of Land Use Code (LUC) revisions that address the siting and regulation of Homeless Shelters and Seasonal Overflow Shelters. Recommendation: Approval Staff and Applicant Presentations Chief Planner Shepard made a brief presentation of this item, specifying how each of the primary definitions (“homeless” and “seasonal overflow”) should be interpreted. Public Input Guy Mendt, 460 Linden Center Drive, is the Director for Catholic Charities in Larimer County and operates the Mission Shelter along with other offsite winter shelters for the past 2 years. He commented on the professional staff and management of these shelters and the fact that there has been minimal neighborhood impact and feedback. Board Questions and Staff Response Member Hobbs thanked staff for their work on this item; he feels the overall situation has improved greatly, and he recognizes what an important service it is. Chair Carpenter agreed and thanked staff for getting this item resolved in a timely manner. Member Hart asked to clarify what would be specifically amended in the LUC. Chief Planner Shepard detailed which section would be amended. Deputy City Attorney Eckman recommended adoption of the proposed Ordinance Board Deliberation Member Hart made a motion that the Planning and Zoning Board recommend to City Council approval of the ordinances to the Land Use Code detailed in attachment 6 of the packet that address the siting and regulation of homeless shelters and seasonal overflow shelters. Member Hobbs seconded the motion. Vote: 6:0. ATTACHMENT 4 - 1 - ORDINANCE NO. 110, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LAND USE CODE PERTAINING TO SEASONAL OVERFLOW SHELTERS AND HOMELESS SHELTERS WHEREAS, during the winter months, the City’s two permanent year-round homeless shelters have difficulty in supplying beds and accommodation for the homeless in severe weather; and WHEREAS, in the past, City staff has worked with various local organizations to provide seasonal wintertime shelter for those who cannot be accommodated in the City’s homeless shelters and City staff has reacted to the onset of cold weather by requesting that the City Council adopt emergency ordinances to exempt the seasonal shelters from the Land Use Code since the Land Use Code implicitly prohibits them; and WHEREAS, in order to avoid the necessity to react to impending wintertime extreme temperatures, the City Council has requested that the staff explore opportunities for a permanent remedy for the overflow shelter excess demand situation by amending the Land Use Code to permit such shelters in certain zone districts and under specific conditions designed to protect the adjacent neighborhoods and in order that the City may proactively address seasonal overflow shelter needs; and WHEREAS, the City Council has determined that the Land Use Code should include definitions for both “Seasonal Overflow Shelters” and “Homeless Shelters” and provide specific standards and criteria for the establishment of Seasonal Overflow Shelters; and WHEREAS, after substantial public outreach and upon the favorable recommendation of the Planning and Zoning Board, the City Council has determined that the proposed regulations are in the best interests of the City and should be adopted into the Land Use Code for the placement and regulation of Seasonal Overflow Shelters. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 3.8.25 of the Land Use Code is hereby amended to read as follows: 3.8.25 Permitted Uses: Abandonment Period/Reconstruction of Permitted Uses (A) If, after June 25, 1999 (the effective date of the ordinance adopting this Section), active operations are not carried on in a permitted use during a period of twelve (12) consecutive months, or with respect to seasonal overflow shelters sixty (60) consecutive months, the building, other structure or tract of land where such permitted use previously existed shall thereafter be re-occupied and used only after the building or other structure, as well as the tract of land upon which such building or other structure is located, have, to the extent reasonably feasible, been brought into - 2 - compliance with the applicable general development standards contained in Article 3 and the applicable district standards contained in Article 4 of this Code as determined by the Director. This requirement shall not apply to any permitted use conducted in a building that was less than ten (10) years old at the time that active operations ceased. Intent to resume active operations shall not affect the foregoing. . . . Section 2. That Article 3 of the Land Use Code is hereby amended by the addition of a new Section 3.8.33 which reads in its entirety as follows: 3.8.33 Seasonal Overflow Shelters (A) Applicability. These standards shall apply to all seasonal overflow shelters. (B) Purpose. The purpose of this section is to allow for the siting and approval of seasonal overflow shelters while helping to ensure that such shelters are compatible with the adjacent neighborhoods. (C) Standards. (1) General Standards. Seasonal overflow shelters shall be allowed as a permitted use, provided that all of the following conditions are met: (a) Occupancy limit. No more than fifty (50) persons may be housed at any one seasonal overflow shelter. (b) Operations. An organization with prior homeless shelter management experience must be designated as the operator responsible for managing the seasonal overflow shelter. (c) Operating agreement. An operating agreement must be completed between the City, the operator and the owner of the real property upon which the seasonal overflow shelter is located, delineating the roles of the parties, and, without limitation, shall include provisions pertaining to parking, hours of operation, site cleanup, loitering, number of staff and designated contact persons for each party. The operating agreement shall be executed by all parties prior to the approval of a seasonal overflow shelter and must be executed preceding each operating season that the shelter is functioning. (d) Transportation. If the seasonal overflow shelter is more than two (2) miles from a homeless shelter, then transit to and from the seasonal overflow shelter and the homeless shelter (or other - 3 - locations designated in the Operating Agreement) shall be provided by the operator of the seasonal overflow shelter. (e) Neighborhood meeting. The City shall require a neighborhood meeting for each application for approval of a seasonal overflow shelter and preceding each operating season that the shelter is functioning. (f) Limit. There shall be no more than three (3) seasonal overflow shelters operating in the City at any given time. (g) Compliance with other standards. The property upon which the seasonal overflow shelter is located must continue to comply with the standards of this Code, at least to the extent of its original compliance (so as to preclude any greater deviation from the standards of this Code by reason of a seasonal overflow shelter being located thereon). Section 3. That Section 4.4(B)(2)(b) of the Land Use Code, regarding the Low Density Residential District, is hereby amended by the addition of a new subparagraph 4 which reads in its entirety as follows: 4. Seasonal overflow shelters. Section 4. That Section 4.4(D) of the Land Use Code, regarding the Low Density Residential District, is hereby amended by the addition of a new paragraph (3) which reads in its entirety as follows: (3) Seasonal overflow shelters. Seasonal overflow shelters may be allowed in this zone district only on parcels that abut an arterial street. Section 5. That Section 4.5(B)(2)(b) of the Land Use Code, regarding the Low Density Mixed Use Neighborhood District, is hereby amended by the addition of a new subparagraph 8 which reads in its entirety as follows: 8. Seasonal overflow shelters. Section 6. That Section 4.5(D) of the Land Use Code, regarding the Low Density Mixed-Use Neighborhood District, is hereby amended by the addition of a new paragraph (7) which reads in its entirety as follows: (7) Seasonal overflow shelters. Seasonal overflow shelters may be allowed in this zone district only on parcels that abut an arterial street. - 4 - Section 7. That Section 4.6(B)(2)(b) of the Land Use Code, regarding the Medium Density Mixed-Use Neighborhood District, is hereby amended by the addition of a new subparagraph 6 which reads in its entirety as follows: 6. Seasonal overflow shelters. Section 8. That Section 4.6(D) of the Land Use Code, regarding the Medium Density Mixed-Use Neighborhood District, is hereby amended by the addition of a new paragraph (4) which reads in its entirety as follows: (4) Seasonal overflow shelters. Seasonal overflow shelters may be allowed in this zone district only on parcels that abut an arterial street. Section 9. That Section 4.9(B)(1)(b) of the Land Use Code, regarding the Neighborhood Conservation Buffer District, is hereby amended by the addition of a new subparagraph 4 which reads in its entirety as follows: 4. Seasonal overflow shelters. Section 10. That Section 4.10(B)(1)(d) of the Land Use Code, regarding the High Density Mixed-Use Neighborhood District, is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. Section 11. That Section 4.16(B)(1)(d) of the Land Use Code, regarding the Downtown District, is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. Section 12. That the table contained Section 4.16(B)(2) of the Land Use Code, regarding the Downtown District, is hereby amended to read as follows: Land Use Old City Center Canyon Avenue Civic Center B. INSTITUTIONAL/CIVIC/PUBLIC . . . . . . . . . . . . Homeless shelters (excluding seasonal overflow shelters) Type 2 Type 2 Type 2 . . . Section 13. That Section 4.17(B)(1)(d) of the Land Use Code, regarding the River Downtown Redevelopment District, is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. - 5 - Section 14. That Section 4.17(B)(3)(b) of the Land Use Code, regarding the River Downtown Redevelopment District, is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Homeless shelters (excluding seasonal overflow shelters). Section 15. That Section 4.18(B)(1)(d) of the Land Use Code, regarding the Community Commercial District, is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. Section 16. That Section 4.18(B)(3)(b) of the Land Use Code, regarding the Community Commercial District, is hereby amended by the addition of a new subparagraph 4 which reads in its entirety as follows: 4. Homeless shelters (excluding seasonal overflow shelters). Section 17. That Section 4.19(B)(1)(d) of the Land Use Code, regarding the Community Commercial – North College District, is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. Section 18. That Section 4.20(B)(1)(d) of the Land Use Code, regarding the Community Commercial – Poudre River District, is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. Section 19. That the table contained in Section 4.21(B)(2) of the Land Use Code, regarding the General Commercial District, is hereby amended to read as follows: Land Use I-25/SH 392 (CAC) General Commercial District (C-G) A. RESIDENTIAL . . . . . . . . . B. INSTITUTIONAL/CIVIC/PUBLIC . . . . . . . . . Seasonal overflow shelters Not permitted BDR Homeless shelters (excluding seasonal overflow shelters) Not permitted Type 2 . . . . . . . . . Section 20. That Section 4.22(B)(1)(d) of the Land Use Code, regarding the Service Commercial District, is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: - 6 - 2. Seasonal overflow shelters. Section 21. That Section 4.22(B)(3)(b) of the Land Use Code, regarding the Service Commercial District, is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Homeless shelters (excluding seasonal overflow shelters). Section 22. That the table contained in Section 4.24(B)(2) of the Land Use Code, regarding the Limited Commercial District, is hereby amended to read as follows: Land Use Riverside Area All Other Areas A. RESIDENTIAL . . . . . . . . . B. INSTITUTIONAL/CIVIC/PUBLIC . . . . . . . . . Seasonal overflow shelters BDR BDR . . . . . . . . . Section 23. That Section 4.26(B)(1)(d) of the Land Use Code, regarding the Harmony Corridor District, is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. Section 24. That Section 4.26(D)(2) of the Land Use Code, regarding the Harmony Corridor District, is hereby amended by the addition of a new subparagraph (t) which reads in its entirety as follows: (t) Seasonal overflow shelters. Section 25. That Section 4.27(B)(1)(d) of the Land Use Code, regarding the Employment District, is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. Section 26. That Section 4.27(B)(3)(b) of the Land Use Code, regarding the Employment District, is hereby amended by the addition of a new subparagraph 8 which reads in its entirety as follows: 8. Homeless shelters (excluding seasonal overflow shelters). Section 27. That Section 4.27(D)(2) of the Land Use Code, regarding the Employment District, is hereby amended by the addition of a new subparagraph (z) which reads in its entirety as follows: (z) Homeless shelters (including seasonal overflow shelters). - 7 - Section 28. That Section 4.28(B)(3)(a) of the Land Use Code, regarding the Industrial District, is hereby amended by the addition of a new subparagraph 7 which reads in its entirety as follows: 7. Homeless shelters (excluding seasonal overflow shelters). Section 29. That the definition of “Dwelling” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Dwelling shall mean a building used exclusively for residential occupancy and for permitted accessory uses, including single-family dwellings, two-family dwellings and multi-family dwellings. The term dwelling shall not include hotels, motels, homeless shelters, seasonal overflow shelters, tents or other structures designed or used primarily for temporary occupancy. Any dwelling shall be deemed to be a principal building. Section 30. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Homeless shelters” which reads in its entirety as follows: Homeless shelters shall mean a fully enclosed building other than a hotel, motel, or lodging establishment that is suitable for habitation and that provides residency only for homeless persons at no charge at any time during the year. Section 31. That the definition of “Hotel/motel/lodging establishment” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Hotel/motel/lodging establishment shall mean a building other than a homeless shelter or seasonal overflow shelter intended and used for occupancy as a temporary abode for individuals who are lodged with or without meals, in which there are five (5) or more guest rooms. Section 32. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Seasonal overflow shelters” which reads in its entirety as follows: Seasonal overflow shelters shall mean a homeless shelter that allows homeless persons to stay on its premises overnight from the beginning of November through the end of April, unless, because of inclement weather, specific and limited exceptions to such seasonal limitations are granted by the Director. - 8 - Introduced, considered favorably on first reading, and ordered published this 1st day of September, A.D. 2015, and to be presented for final passage on the 15th day of September, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 15th day of September, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk