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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/01/2020 - EMERGENCY ORDINANCE NO. 110, 2020 SUSPENDING CERTA Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY September 1, 2020 City Council STAFF Beth Sowder, Director of Social Sustainability Jackie Kozak-Thiel, Chief Sustainability Officer Ingrid Decker, Legal SUBJECT Emergency Ordinance No. 110, 2020 Suspending Certain Provisions of the City’s Land Use Code to Permit Temporary Use of the Property at 1301 Blue Spruce Drive as a Homeless Shelter. EXECUTIVE SUMMARY The purpose of this item is for Council to consider approving an emergency ordinance to allow a tempor ary overnight shelter at 1301 Blue Spruce Drive. The number of shelter beds available in Fort Collins has been reduced due to the need for social distancing because of COVID-19. While homeless shelters are a permitted use in the Industrial Zone District where this property is located, this would allow the use to occur immediately rather than undergoing the development review process for the proposed change in use. Emergency ordinances are authorized under the Charter in emergency circumstances and require the affirmative vote of at least five (5) members of the Council for passage. STAFF RECOMMENDATION Staff recommends adoption of the Emergency Ordinance. BACKGROUND / DISCUSSION The State of Colorado issued an Emergency Disaster Declaration related to COVID-19 on March 11, 2020. The Order strongly urged governments to make shelter available to people experiencing homelessness as soon as possible to the maximum extent practical. The City Manager, as the Director of the City’s Office of Emergency Management, proclaimed a “local emergency” on March 13, 2020 in accordance with City Code. The prevention and management of exposure to COVID-19 and mitigation of related impacts of all kinds continue to require emergency action by the City and continued social distancing to reduce its transmission. Council has extended the City Manager’s proclamation of local emergency. The City worked collaboratively with service provider agencies to host an emergency 24/7 shelter at the Northside Aztlan Community Center (NACC) beginning March 19, 2020 until June 19, 2020 when the NACC needed to be re-opened for childcare and other public programs. Staff and community partners have searched for another viable location for several months to fill the critical gap of overnight shelter. Because of physical distancing requirements, the local shelters’ capacity is significantly reduced resulting in many nights when there is not enough space for all who may be seeking shelter. Additionally, adequate shelter space that accommodates physical distancing requirements will become increasingly critical as fall and winter weather sets in and individuals are at risk of cold and flu viruses as well as COVID-19. This emergency ordinance is meant to further the City’s emergency response related to COVID-19 consistent with the State’s order by providing shelter to people experiencing homelessness as soon as possible. The City Agenda Item 12 Item # 12 Page 2 is intending to enter into a lease for the property located at 1301 Blue Spruce Drive in Fort Collins owned by the Food Bank for Larimer County, which the City would then sublease to the Fort Collins Rescue Mission to operate as an overnight shelter for people experiencing homelessness from September 2020 through April 2021. While a homeless shelter is a permitted use under the current zoning for the property (Industrial), the City’s Land Use Code (LUC) requires review by the Planning & Zoning Board and requires development standards that would also be applied to the property as part of the review process. This emergency ordinance would waive these LUC requirements so that additional shelter for people experiencing homelessness can be provided as quickly as possible. The City Charter authorizes Council to adopt emergency ordinances, which are adopted with one reading by the affirmative vote of at least five (5) members of the Council. CITY FINANCIAL IMPACTS The City will pay for rent, utilities, bathroom trailer, and security at 1301 Blue Spruce, as well as extended day shelter use at the Murphy Center. This will be approximately $28,000 per month (total of $252,000 over the 9- month lease term). CARES Act funding will be used for Sept - December 2020, and City general fund will be used to pay for January - April 2021. Fort Collins Rescue Mission will provide staffing needed which will require them to hire 4-5 new staff, all supplies needed, general janitorial & maintenance, as well as continue to provide meals to people experiencing homelessness. Additional collaboration with other service providers is critical including proactive engagement from Outreach Fort Collins, Murphy Center day shelter extension, and continued coordination with Catholic Charities. PUBLIC OUTREACH The following communications have occurred: • Press Release August 21, 2020 • Direct communications with: o North Fort Collins Business Association o City Manager’s Homelessness Advisory Committee o Directly involved service providers o Community partners and service providers generally involved in homelessness services Once approved, communications to neighbors and nearby businesses will occur through Nextdoor, mailers, and some direct contact. -1- EMERGENCY ORDINANCE NO. 110, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUSPENDING CERTAIN PROVISIONS OF THE CITY’S LAND USE CODE TO PERMIT TEMPORARY USE OF THE PROPERTY AT 1301 BLUE SPRUCE DRIVE AS A HOMELESS SHELTER WHEREAS, the City of Fort Collins is threatened with serious injury and damage, consisting of widespread human and economic impact caused by the Novel Coronavirus 2019 (COVID-19); and WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the life, health, safety and property of the citizens of the City and persons conducting business therein, and to attempt to minimize the loss of human life and the preservation of property, the City Manager, as the Director of the City’s Office of Emergency Management, proclaimed a “local emergency” in accordance with Section 2-671(a)(1) of the City Code and activated the Emergency Operations Plan established pursuant to Section 2-673 of the City Code; and WHEREAS, the prevention and management of exposure to COVID-19 and mitigation of related impacts of all kinds continue to require emergency action by the City and continued social distancing in order to reduce its transmission; and WHEREAS, the City Council has, with the adoption of Resolution 2020-030, extended the City Manager’s proclamation of local emergency; and WHEREAS, the State of Colorado declared its first Emergency Disaster Declaration related to COVID-19 on March 11, 2020; and WHEREAS, as part of its Sixth Amended Public Health Order dated June 5, 2020, the Colorado Department of Public Health and Environment strongly urges governments to make shelter available to people experiencing homelessness as soon as possible and to the maximum extent practicable; and WHEREAS, this emergency ordinance is meant to further the City’s emergency response related to COVID-19 consistent with the State’s June 5th order by providing shelter to people experiencing homelessness as soon as possible; and WHEREAS, because of social distancing requirements there are many nights when local shelter providers do not have enough space to house all those who may be seeking shelter; and WHEREAS, adequate shelter space that permits social distancing will become increasingly important as fall and winter weather sets in and individuals are at risk from cold and flu viruses as well as COVID-19; and WHEREAS, the City is intending to enter into a lease for property located at 1301 Blue Spruce Drive in Fort Collins owned by the Food Bank for Larimer County (the “Property”), -2- which the City would then sublease to the Fort Collins Rescue Mission to operate as an overnight shelter for persons experiencing homelessness from September 2020 through April 2021; and WHEREAS, while a homeless shelter is a permitted use under the current zoning for the property (Industrial District), the City’s Land Use Code (“LUC”) requires review by the Planning and Zoning Board to permit the use of the Property as a homeless shelter, as such a change in use of the building is considered “development” under LUC Division 5.1.2; and WHEREAS, LUC Division 4.28(E) sets forth development standards that would also be applied to the Property as part of such a review process; and WHEREAS, in order to provide additional shelter for persons experiencing homelessness as quickly as possible, the City Council finds it is necessary for public health, safety and welfare, and in the best interests of the City and its residents, to suspend the application of certain requirements of the LUC to the Property for so long as the City is leasing it as a shelter for persons experiencing homelessness; and WHEREAS, Article II, Section 6 of the City Charter authorizes the Council to adopt emergency ordinances, which shall be finally passed on first reading by the affirmative vote of at least five members of the Council and which shall contain a specific statement of the nature of the emergency. 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. Section 2. That, with respect only to the Property and its lease by the City and use by the City’s subtenant as a homeless shelter through April 30, 2021, the City Council hereby suspends the requirements of: • LUC Division 4.28 regarding development standards and the development review process for use of the property as a homeless shelter; • LUC Division 2.2 regarding the common development review procedures for development applications; and • LUC Division 2.4 and 2.5 requiring a project development plan (PDP) and final plan for a proposed homeless shelter on the Property. Section 3. That all other applicable provisions of the City Code, rules and regulations, including but not limited to health and safety requirements, will continue to apply to the Property. Section 4. That the City Clerk is hereby directed to cause the publication of this Emergency Ordinance in accordance with the Fort Collins City Charter. -3- Introduced, considered favorably by at least five (5) members of the Council of the City of Fort Collins and finally passed as an emergency ordinance and ordered published this 1st day of September, 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk