HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/27/2020 - EMERGENCY ORDINANCE NO. 126, 2020 SUSPENDING CERTA Agenda Item 1
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AGENDA ITEM SUMMARY October 27, 2020
City Council
STAFF
Beth Sowder, Director of Social Sustainability
Jackie Kozak-Thiel, Chief Sustainability Officer
Ingrid Decker, Legal
SUBJECT
Emergency Ordinance No. 126, 2020 Suspending Certain Provisions of the City’s Land Use Code to Permit
Temporary Use of the Property at 1709 West Elizabeth Street as Day Shelter.
EXECUTIVE SUMMARY
The purpose of this item is for Council to consider approving an Emergency Ordinance to allow a temporary
day shelter at Westminster Presbyterian Church, located at 1709 West Elizabeth Street. Westminster
Presbyterian Church has agreed to provide space for Homeward Alliance to operate an inclement weather day
shelter on its property beginning as soon as possible through no later than May 31, 2021. The church property
is located in a low density residential (R-L) zone, and day shelters are not an expressly permitted use, so this
emergency ordinance is necessary to allow such use of the property immediately. 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 City is threatened with widespread human and economic impact caused by the Novel Coronavirus 2019
(COVID-19).
The State of Colorado issued an Emergency Disaster Declaration related to COVID-19 on March 11, 2020. 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 to the maximum extent practicable.
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.
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, as soon as possible, day shelter during inclement weather to
people experiencing homelessness.
The City worked collaboratively with service provider agencies to host an emergency 24/7 shelter at the
Northside Aztlan Community Center beginning March 19, 2020 until June 19, 2020 when it needed to be re-
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opened for childcare and other intended programs. Staff and community partners searched for another viable
location for several months to fill the critical gap of overnight shelter in Fort Collins. Adequate overnight shelter
space has been secured and will be provided by Fort Collins Rescue Mission at 1301 Blue Spruce Drive and
Catholic Charities at their current location.
Because of physical distancing requirements, the local day shelter capacity has also been significantly reduced
resulting in day shelter being provided primarily outdoors at the Murphy Center. Adequate indoor day shelter
space that accommodates physical distancing requirements will become increasingly critical as winter weather
sets in and individuals are at risk of cold and flu viruses as well as COVID-19. The City worked collaboratively
with service provider agencies and the faith community to identify day shelter options. An exhaustive search of
approximately 50+ locations plus general asks of the faith community, county, and others across the
community for this emergency need was conducted.
Westminster Presbyterian church has agreed to provide space for Homeward Alliance to operate an inclement
weather day shelter in its building at 1709 West Elizabeth Street beginning as soon as possible. The church
property is located in a low density residential (R-L) zone district, and day shelters are not an expressly
permitted use in that zone district. Therefore, the Land Use Code would require the property owner to apply to
the City for an addition of a permitted use, which would be subject to City Council approval following review
and a recommendation by the Planning and Zoning Board. It is expected that the day shelter would operate
through no later than April 30, 2021; however City staff is requesting that the City Council waive the Land Use
Code requirements described in the Ordinance through May 31, 2021 to allow for unexpected events.
Homeward Alliance will continue to operate an outdoor day shelter at the Murphy Center on non-inclement
weather days, and will continue to provide indoor appointments with several service provider agencies for
various important services such as housing counseling and navigation, employment services, resource
navigation, case management, as well as the core basic services of lockers, showers, laundry, mail, food,
gear, and computers. The outdoor shelter area will be augmented with heaters and other items to help make it
comfortable most days of the winter.
During inclement weather days, there will be a coordinated approach which is still being finalized but will likely
include the locations of Catholic Charities, the Murphy Center, and Westminster Presbyterian Church. A
collaborative team consisting of the City, Homeward Alliance, and Catholic Charities will watch the weather
and determine when to activate the inclement weather shelter by using triggers such as forecasted
temperatures not to get above freezing, winter storm warning, and/or windchill advisories in effect. During the
last winter season (November through April), there were 45 days that met at least one of these triggers.
In order to provide additional day shelter for people experiencing homelessness as quickly as possible,
approval of this Emergency Ordinance would suspend the application of certain requirements of the LUC to the
church property only while it is being used as an inclement weather day shelter for people experiencing
homelessness. The City Charter authorizes Council to adopt emergency ordinances, which are passed on
First Reading by the affirmative vote of at least five (5) members of Council.
CITY FINANCIAL IMPACTS
The City’s 2019-2020 budget process included $88,000 per year to cover extended day/evening shelter
service provision at the Murphy Center during the winter months (November through the end of April). It is
also included in the proposed 2021 budget. This funding will be used to cover the day shelter needs as shifted
due to COVID-19. Additionally, Transfort will provide transportation when they are able to on a case-by-case
basis on inclement weather days between the overnight shelter and the day shelter. Additional transportation
options are also being considered.
Homeward Alliance is finalizing total budget needs and will submit a funding request to Larimer County for
additional needs anticipated to cover increased staffing, security, restroom facilities, handwashing stations,
and other identified needs. The County has indicated that they may have some CARES funding available for
this need.
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Additionally, other partners will participate in the day shelter plan. Details and approvals are still being
finalized, so this is subject to change, but participation will likely include:
• Catholic Charities providing day shelter specifically to women and families at its location during inclement
weather days; and
• Health District of Northern Colorado providing health screenings and trainings to shelter staff.
PUBLIC OUTREACH
Once approved, communications to neighbors and nearby businesses will occur through Nextdoor, mailers,
and some direct contact. The City will also update the Social Sustainability Department website, other
messages to the community, as well as utilize Outreach Fort Collins and other service providers to ensure
people experiencing homelessness are aware of the day shelter.
ATTACHMENTS
1. PowerPoint Presentation (PDF)
October 27, 2020
Council Emergency Ordinance
Beth Sowder and Ingrid Decker
ATTACHMENT 1
Purpose
Council Emergency Ordinance:
•Furthers City’s emergency response related to COVID-19
•Suspends specific requirements of the Land Use Code
•Allow a temporary day shelter
•Westminster Presbyterian Church, 1709 W. Elizabeth
•R-L Z one District –does not expressly permit day shelter
•Emergency Ordinance allows use immediately
•Needs at least 5 affirmative votes of Council
2
Background
3
Overnight
Shelter
1301 Blue
Spruce &
Catholic
Charities
City Local
Emergency
March 13
State
Emergency
Declaration
March 11
Te mporary
Day Shelter
Nov 2020 –
May 2021
4
Low-density Residential DistrictDay Shelter
•Day shelters not an expressly
permitted use
•Land Use Code requires P&Z
review
•Development standards would
take time and could be costly
•1709 W. Elizabeth Street
•Homeward Alliance operator
•Inclement Weather Only
•Day Shelter
•Immediately thru April 2021,
May 2021 at the latest.
Westminster Presbyterian Church
This emergency ordinance w ould waive these LUC requirements.
5
Inclement WeatherHomeward Alliance
•Coordinated Approach (3
locations)
•Collaborative team
•Inclement weather triggers:
•Temps not over freezing
•Winter Storm Warning
•Windchill Advisories
•Last year, 45 days
•Murphy Center -day shelter
operation all winter
•Indoor appointments
•Basic/core services
•Outdoor area -heaters
Day Shelter Plan
6
Homeward Alliance City of Fort Collins
•Finalizing budget needs
•Submitting funding request to
Larimer County
•Increased staffing
•Security
•Restroom facilities
•Handwashing stations
•Other needs
•2020 Budget -$88,000 -extended
day/evening shelter
•Included in proposed 2021 budget
•Murphy Center day shelter and
added needs due to COVID-19
•Tr ansportation for inclement
weather days
Day Shelter Costs
Other partners include Catholic Charities & Health District of Northern Larimer County
Next Steps
If Council approves:
1.Finalize inclement weather day shelter plan
2.Communicate with nearby neighbors and businesses, update
website, Outreach Fort Collins and others
3.Provide updates to Council
7
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EMERGENCY ORDINANCE NO. 126, 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
1709 WEST ELIZABETH STREET AS A DAY 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, adequate day shelter space that permits social distancing will become
increasingly important as winter weather sets in and individuals are at risk from cold and flu
viruses as well as COVID-19; 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, as soon as possible,
day shelter during inclement weather to people experiencing homelessness; and
WHEREAS, Westminster Presbyterian Church, located at 1709 West Elizabeth Street
(the “Church Property”), had agreed to provide space for Homeward Alliance to operate an
inclement weather day shelter starting as soon as possible, through no later than April 30, 2021;
and
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WHEREAS, the Church Property is in a low density residential (R-L) zone district, and
day shelters are not an expressly permitted use in the R-L zone districts; therefore Section 1.3.4
of the City’s Land Use Code (“LUC”) requires the property owner to apply to the City for an
addition of a permitted use, which would be subject to City Council approval following review
and a recommendation by the Planning and Zoning Board; 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 Church Property for so long as, and only to the extent that, it is
being used as an inclement weather day 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 to the Church Property, and only to its use as an
inclement weather day shelter, the City Council hereby temporarily suspends the requirements of
LUC Sections 1.3.4 and 4.4 regarding the procedures and required findings for adding a
permitted use in the R-L zone district to allow use of the Church Property as a day shelter. This
suspension shall be effective until May 31, 2021, or until use of the Church Property as a day
shelter is fully discontinued for the season, whichever comes first.
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.
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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 27th
day of October, 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk