HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/06/2020 - SECOND READING OF ORDINANCE NO. 116, 2020, SUSPEND Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY October 6, 2020
City Council
STAFF
Rebecca Everette, Development Review Manager
Paul Sizemore, Interim Director, Comm. Devt. & Neighborhood Serv.
Brad Yatabe, Legal
SUBJECT
Second Reading of Ordinance No. 116, 2020, Suspending Certain Provisions of the City's Land Use Code to
Permit Temporary Use of Certain Non-Residential Buildings for Child Care Centers in Response to the COVID-
19 Pandemic.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 15, 2020, will exempt certain child care
uses from development review and Land Use Code requirements through May 28, 2021. The COVID-19
pandemic has created a need for distributed learning and daycare sites, but the number of buildings already
approved for child care in the community is too limited to meet current demands. This Ordinance would allow
for child care uses to operate within buildings that have not previously been approved for such use, provided
all applicable health and life safety requirements have been met. It would exempt child care centers, as
defined in the Land Use Code, from the development review process for a limited timeframe, aligned to the
2020-21 academic school year, to allow for remote learning and daytime care of children. Compliance with
building code, fire code, health department requirements, and state licensing would still be required, as
applicable.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 15, 2020 (w/o attachments) (PDF)
2. Ordinance No. 116, 2020 (PDF)
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
Rebecca Everette, Development Review Manager
Paul Sizemore, Interim Director, Comm. Devt. & Neighborhood Serv.
Brad Yatabe, Legal
SUBJECT
First Reading of Ordinance No. 116, 2020, Suspending Certain Provisions of the City's Land Use Code to
Permit Temporary Use of Certain Non-Residential Buildings for Child Care Centers in Response to the COVID-
19 Pandemic.
EXECUTIVE SUMMARY
The purpose of this item is consideration of an Ordinance exempting certain child care uses from development
review and Land Use Code requirements through May 28, 2021. The COVID-19 pandemic has created a need
for distributed learning and daycare sites, but the number of buildings already approved for child care in the
community is too limited to meet current demands. This Ordinance would allow for child care uses to operate
within buildings that have not previously been approved for such use, provided all applicable health and life
safety requirements have been met. It would exempt child care centers, as defined in the Land Use Code, from
the development review process for a limited timeframe, aligned to the 2020-21 academic school year, to allow
for remote learning and daytime care of children. Compliance with building code, fire code, health department
requirements, and state licensing would still be required, as applicable.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
PURPOSE AND NEED
As a result of the COVID-19 public health emergency, local school districts have implemented virtual and hybrid
learning models, all of which require students to conduct learning away from school buildings for at least part of
the school week. Many parents are not able to directly care for their children or supervise virtual learning and
are instead seeking child care services during standard school hours. Many families cannot afford child care
within their home to facilitate remote learning, and will need support from local child care and education
providers.
There is growing interest in the temporary use of churches, vacant commercial spaces, neighborhood
clubhouses, and other non-residential buildings to provide space (outside of schools) for education and child
care. However, because child care has not been previously approved as a designated land use for many of
these sites, a development review process and site improvements would be required in most instances. Site
improvements that may be required include: landscaping, changes in parking lot configuration, screening of trash
and recycling facilities, sidewalk repair, right-of-way or easement dedications, bicycle parking, lighting upgrades,
stormwater management, and utility upgrades.
ATTACHMENT 1
Agenda Item 9
Item # 9 Page 2
Support facilities for child care and remote learning are an urgent need in Fort Collins, particularly with the school
year already underway. Development review and site construction are lengthy and costly processes that do not
support the rapid implementation of temporary child care sites in response to the current need. This Ordinance
would allow child care and virtual learning to operate within buildings that have not previously been approved for
such use. It would exempt child care operations from the development review process for a limited timeframe,
aligned to the 2020-21 academic school year. Because health and life safety are still critically important to
protect children and other occupants, compliance with building code, fire code, health department requirements,
and state licensing would still be required.
It is anticipated that the public health emergency will be resolved (e.g., as a result of a widely available vaccine)
by the end of the 2020-21 academic school year. If current conditions still exist at that time, the timeframe of
the Ordinance could be extended to match evolving public health conditions.
PARAMETERS FOR EXEMPTION
Under this temporary Ordinance, the following parameters and limits would apply for any Land Use Code (“LUC”)
exemptions:
Applicable to buildings within City limits with existing approvals for the land uses listed below.
Time-limited exemption to match the 2020-21 academic school year for Poudre School District and
Thompson School District (ending on May 28, 2021)
A temporary certificate of occupancy (TCO) must be issued by the City Building Services Division to ensure
health and life safety requirements have been addressed. The end date of the TCO will be no later than
May 28, 2021.
o A building permit and needed improvements may be necessary to address building code requirements
prior to occupancy.
o All applicable state licensing, building code, fire code, Americans with Disabilities Act, and health and
safety requirements must still be satisfied
o Capacity for individual classrooms and/or the building overall will be limited based on building code, fire
code, County health, and state licensing requirements.
This Ordinance would temporarily exempt childcare centers, as defined in the LUC, from the requirement to
bring the site into compliance with the LUC during the time period specified by the TCO; however, these
improvements may be required through subsequent development review if the use extends beyond the
approved timeframe.
If a child care center desires to extend operations beyond the 2020-21 school year, the property owner or
operator must initiate the applicable development review process no later than May 28, 2021.
o The development review process must be diligently pursued according to the timeframes prescribed in
LUC Section 2.2.11 - Step 11: Lapse.
o At the completion of the development review process, if approved, the property owner or operator must
complete all required site and building improvements to satisfy the requirements of the development
review process in order to receive a full Certificate of Occupancy (CO).
o An operator may be allowed to continue operating while they are diligently pursuing the development
review process and installation of site/building improvements, at the discretion of the Community
Development & Neighborhood Services Director.
Child care centers would be permitted in buildings with the following designated land uses, subject to the
parameters described above:
Adult Day/Respite Care Center Offices, Financial Services, and Clinics
Clubs and Lodges Personal & Business Service Shops
Community Facilities Place of Worship/Assembly
Conference/Convention Center Public/Private school
Entertainment Facilities & Theatres Retail Establishment
Exhibit Halls Homeless Shelters
Health & Membership Clubs Day Shelters
Agenda Item 9
Item # 9 Page 3
Limited Indoor Small Scale Reception Center
Mixed use dwellings (non-residential portion only) Unlimited indoor recreational uses and facilities
Neighborhood support and recreational facilities, including clubhouses
Residential uses are not included in this exemption for the following reasons:
“Child care center” is defined by the LUC to only include operations serving “seven or more children
under the age of sixteen years who are not related to the owner, operator or manager.” This does not
include “family child care homes,” as defined by the State of Colorado.
In-home daycares and homeschooling “pods” generally would not fall under the definition of “child care
center” and would not require development review, even without the exemption proposed by this
ordinance.
CITY FINANCIAL IMPACTS
This Ordinance could result in a loss of revenue for the City in the form of development review fees and payments
associated with development review improvements. However, staff time would not be spent on the tasks that
such fees would cover, so the fiscal impact would be negligible.
PUBLIC OUTREACH
Staff has been meeting with child care providers and property owners to understand barriers and discuss
alternative locations for virtual learning and child care during the COVID-19 pandemic. This outreach has
assisted in identifying the need for LUC exemptions to support the rapid deployment of child care during the
current public emergency.
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ORDINANCE NO. 116, 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 CERTAIN NON-RESIDENTIAL BUILDINGS FOR
CHILD CARE CENTERS IN RESPONSE TO THE COVID-19 PANDEMIC
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 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 the declared emergency remains in effect; and
WHEREAS, due to the COVID-19 public health emergency, local school districts have
implemented hybrid learning models that require students to participate in remote learning away
from school buildings for some or all of the school week; and
WHEREAS, many parents of students are unable to directly care for or supervise their
children’s remote learning at home during the school day and cannot afford in-home child care, all
of which has created an urgent need for more affordable and available child care centers, as such
term is defined in the LUC, to provide child care and to assist with remote learning; and
WHEREAS, there is community interest in the temporary use of churches, vacant
commercial spaces, neighborhood clubhouses, and other non-residential buildings as child care
centers; and
WHEREAS, approving a child care center use under the City’s Land Use Code (“LUC”)
development review procedure can be a lengthy and costly process often times requiring site
improvements; and
WHEREAS, in consideration of the urgent need for child care centers and remote learning
supervision alternatives for families, the City Council wishes to temporarily suspend certain LUC
requirements to allow buildings that have been previously approved for certain uses to be used as
child care centers without following the normal development review process; and
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WHEREAS, the temporary suspension will correspond with the 2020-2021 academic
school year, after which any child care center allowed to temporarily operate pursuant to this
Ordinance that desires to continue operation will need to be approved pursuant to the applicable
LUC requirements and development review process; and
WHEREAS, compliance with existing health and safety requirements such as the building
code, fire code, health department requirements, and state licensing will continue to be required
for buildings temporarily approved for child care centers pursuant to this Ordinance; and
WHEREAS, in order to help address the urgent need for child care centers necessitated by
the COVID-19 public health emergency, 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 temporarily suspend
the application of certain LUC requirements to facilitate the operation of child care centers using
buildings that have already been approved for certain uses.
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. Any building on a lot that is currently approved for any of the below uses,
as such uses are defined in the LUC, is eligible for use as child care center (“Eligible Building”)
regardless of whether child care center is a permitted use in the zone district where the building is
located:
a. adult day/respite care centers
b. clubs and lodges
c. community facilities
d. convention and conference centers
e. day shelters
f. entertainment facilities and theatres
g. exhibit halls
h. health and membership clubs
i. homeless shelters
j. limited indoor recreation establishments
k. non-residential portion of mixed-use dwellings
l. neighborhood support/recreational facilities (including clubhouses)
m. offices, financial services, and clinics
n. personal and business service shops
o. places of worship or assembly
p. public/private schools
q. retail establishments
r. small scale reception centers
s. unlimited indoor recreational uses and facilities
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Section 3. An Eligible Building in which a child care center is proposed to be operated
pursuant to this Ordinance is exempt from:
a. LUC requirements to obtain an approved Project Development Plan and Final Plan or
amendment to an existing approved development plan;
b. LUC Article 3 General Development Standards; and
c. LUC Article 4 zone district use restrictions on child care centers in certain zones.
Section 4. To operate a child care center pursuant to this Ordinance, the owner or authorized
occupant:
a. Must obtain a temporary certificate of occupancy (“TCO”) from the City Building Services
Division prior to operating a child care center and possess a valid TCO throughout
operation of the child care center;
b. May be required to obtain a building permit to address building code requirements prior to
occupancy and to satisfy those requirements before issuance of the TCO for the child care
center; and
c. Must comply with all other applicable laws, rules, and regulations, including building and
fire codes, City Code, public health orders, state licensing requirements, and the Americans
with Disabilities Act prior to commencing and throughout operation of a child care center.
Section 5. All other applicable provisions of the City Code and any other applicable
laws, rules, and regulations, including, but not limited to health and safety requirements, will
continue to apply to any child care center operating pursuant to this Ordinance.
Section 6. Should a child care center operating pursuant to this Ordinance fail to
comply with the terms of the TCO or applicable laws as described in Sections 4 and 5 above, the
City Building Official in his or her sole discretion may revoke or temporarily suspend the TCO
and the child care center shall not operate until a new TCO is issued or the suspension is lifted.
Section 7. The waiver of LUC requirements pursuant to this Ordinance and any TCO
issued to allow the temporary operation of a child care center pursuant to this Ordinance shall
automatically terminate on May 28, 2021, and any child care center operating pursuant to this
Ordinance shall cease operating unless an extension has been granted pursuant to Section 9.
Section 8. Upon termination of the use of the Eligible Building as a child care center
pursuant to this Ordinance, the prior approved use shall remain valid pursuant to the terms of its
prior approval, the LUC, and applicable law, rules, and regulations. Use of an Eligible Building
as a child care center pursuant to this Ordinance shall not be deemed abandonment of a lawful
nonconforming use pursuant to LUC Division 1.5 or Existing Limited Permitted Use pursuant to
LUC Division 1.6, however, LUC Sections 1.5.3 and 1.6.7 regarding active utilization of
nonconforming and limited permitted uses shall continue to apply.
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Section 9. The Director of the Community Development and Neighborhood Services
Department (“Director”), in his or her sole discretion and after consultation with the Building
Official may temporarily allow any child care center operating pursuant to this Ordinance to
continue operating pursuant to the issued TCO provided the owner or authorized occupant has
submitted a development application to the City to approve a child care center pursuant to the LUC
prior to May 28, 2021, and the applicant diligently pursues seeking approval of its application and
the completion of any required development improvements. In deciding whether to allow a child
care center to temporarily continue operating while a development application is being reviewed,
the Director may consider compliance issues and impacts on the surrounding neighborhood. The
Director may, in his or her sole discretion and after consultation with the Building Official, revoke
or suspend the temporary permission to continue at any time for reasons including the applicant’s
failure to diligently pursue approval of its development application, failure to complete
development improvements, or non-compliance with the terms of its TCO.
Section 10. Operation of a child care center pursuant to this Ordinance shall not create
any right or expectation that any such child care center shall be able to operate on or after May 28,
2021, and any party operating a child care center pursuant to this Ordinance is deemed to
acknowledge the temporary nature of any such child care center.
Introduced, considered favorably on first reading, and ordered published this 15th day of
September, A.D. 2020, and to be presented for final passage on the 6th day of October, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 6th day of October, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk