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HomeMy WebLinkAboutMemo - Read Before Packet - 1/11/2022 - Memorandum From Kelly Dimartino Re: Temporary Housing Relief For The Marshall/Boulder County Fire - Work Session Agenda Item #3DATE: STAFF: January 11, 2022 Caryn Champine, Director of PDT WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Temporary Housing for Disaster Relief. EXECUTIVE SUMMARY The purpose of this work session is to share information with Council about potential regulatory barriers that would prevent households in Fort Collins from hosting residents impacted by the Marshall/Boulder County Fire; and to propo GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What questions to Councilmembers have about the active housing relief efforts in Boulder County? 2. Do Councilmembers wish to advance a regulatory housing relief solution, and if so, what feedback do Councilmembers have on the options and next steps? BACKGROUND / DISCUSSION Context: On December 30, 2021, the Marshall Fire destroyed an estimated 1,084 homes and another 149 residential structures in Superior and parts of Louisville (Boulder County). On January 4, 20022, members of City Council asked staff to: Summarize available housing relief connections, matchmaking services and ensure Fort Collins is part of this network Evaluate potential regulatory barriers that would prevent households in Fort Collins from hosting evacuees; and Propose mechanisms that would result in removing or reducing regulatory barriers Summary of Housing Relief Efforts: The Fort Collins Office of Emergency Preparedness and Security has been in ongoing contact with Boulder County Office of Emergency Management. The following is a summary of what we are learning: Requests for support: We have offered support to the Boulder County OEM and Larimer County OEM and confirmed there are no requests for assistance. Boulder County has officially switched their efforts from response to recovery. That means immediate, short-term response is no longer active and they are pivoting to long term issues and resource needs to rebuild, restore, etc. There is no indication of short term, temporary housing needs. Status of Housing Relief Efforts: Boulder County OEM reported all emergency congregate sheltering programs and the Red Cross are closed or offline due to lack of need (with exception of one family). It is important to note that many of these homes were owner occupied. The insurance industry has robust recovery response programs and move large resources in response to these types of disasters. Housing Assistance/Matchmaking: There are multiple ways for property owners/managers to make their properties available and many programs to built in resources to make properties available. Here are the most widespread programs actively connecting and listing available properties for residents impacted by the fire: Boulder Area Rental Housing Association Neighbor to Neighbor: January 11, 2022 Page 2 AirBnB Open Home Disaster Assistance Center Colorado Housing Search (statewide) Potential Scenarios: City Staff conducted an initial review of potential regulatory barriers. As part of this analysis, staff considered various scenarios through which housing relief could be offered in Fort Collins. Understanding the scenarios helped to design program options that meet the needs of the community and ensure we are considering all applicable codes, risks, and opportunities. Who: It is relevant to consider the relationship between the residents of the household and the impacted resident in the evaluation of applicable regulations. Duration: The length of stay may vary depending on whether the impacted resident can return to their home after minor repairs, or another housing option is secured. As noted in the update from Boulder County OEM, short term, temporary housing needs have been met and while still unlikely, if housing needs exist, they would be longer term in nature. Summary of Applicable Regulations: Taking these scenarios into account, City Staff determined that our occupancy limits could create ba Land Use Code establishes allowances and limitations on the maximum occupants of a residential dwelling unit applicability when a guest stays a total of thirty (30) or more days. Based on these provisions, here are examples of scenarios and whether they would be permitted (assuming all other things are equal and in compliance): Permitted: defined family) for less than thirty (30) days. Permitted: provided they are related by blood, marriage, adoption, guardianship, etc for any amount of time. Permitted: the defined family) for more than thirty (30) days. Not Permitted defined by our code, such as a single father and child for more than thirty (30) days. Not Permitted: for more than thirty (30) days. COUNCIL AUTHORITY/MECHANISM Through our City Charter and Municipal Code, Council has authority to remove regulatory barriers. The following is a summary of this authority and a brief assessment based on this current circumstance. This information is relevant for Council in determining the most prudent method to move forward. City Staff considered the following factors: Demonstrated need and alignment with the status of Boulder County OEM Recovery efforts (as summarized in the beginning of this report) Equity implications Level of administrative and enforcement complexity and alignment with the ability to respond quickly and impact the most likely scenarios for housing needs 1. Municipal Code - Chapter 2; Article 6: Declaration of a Local Emergency: This code defines a local emergency as a threat or extreme peril to the safety of person and property within the City. It allows Council to adopt any ordinances, resolutions, rules, regulations necessary to address emergency and aid. The most recent and applicable example is the Local Emergency for the COVID-19 Pandemic. The nexus between the definition and its impact in Fort Collins was beyond dispute. This Local Emergency created a foundation for subsequent temporary orders and emergency regulations to allow for response. The following are January 11, 2022 Page 3 Demonstrated Needed: If Council would like to pursue this method, Council would need to identify clear justification that the Marshall/Boulder Fire constitutes a Fort Collins Emergency as defined by Code. Upon declaring the Local Emergency, Council would also need to act on suspending various aspects of several City Codes as summarized above. Administration and Enforcement: It is important to note in this circumstance, Council would be suspending these codes ONLY for victims of the fire and their hosts. The specific applicability can create complexity in administration and enforcement. It may also create complexity given there are current efforts to update some of these LUC requirements. 2. City Charter - Article 8 Definitions: Issuance of an Emergency Ordinance: City Charter establishes existing condition arising from unforeseen contingencies. This can include immediate dangers to public property, health, peace, safety. An Emergency Ordinance is often used during a declared Local Emergency and can be used in more isolated situations. The following are consideratio consideration of this mechanism: Demonstrated Needed ion does not require that there be a local emergency, it has generally been interpreted to mean that emergency conditions of some kind are present in Fort Collins. The terms of an emergency ordinance must articulate the rationale for finding emergency circumstances necessitate the use of an emergency ordinance. To execute, Council would need to act on suspending various aspects of several City Codes as summarized above and apply this discretion only to residents impacted by the fire using an ordinance that makes the necessary findings. Equity: Council may consider the equity implications of providing City aid to a particular group of people experiencing homelessness caused by the fire, but not others experiencing homelessness within the Fort Collins community. Administration and Enforcement: It is important to note in this circumstance, Council would be suspending these codes ONLY for victims of the fire and their hosts. The specific applicability can create complexity in administration and enforcement. It may also create complexity given there are current efforts to update some of these LUC requirements. 3. City Charter Article 1; Section 4 - Powers of City - Prosecutorial Discretion: City Charter also grants the City powers to execute on their authority as a home rule municipal corporation. Within these powers, the City may apply prosecutorial discretion and refrain from enforcing certain Code provisions against residents impacted by the fire and the host household. This is a reactive approach where the City Enforcement Staff would be given the direction not to enforce a specific code provision or provisions if brought to their attention. Demonstrated Need: Council would need to indicate support for the cause of action. In this case, the cause would need to be linked to the specific impacts of the fire and the limitations of our regulations to offer housing relief. The foundation for this approach is in the acknowledgment that in enacting Code, Council cannot possibly contemplate all the possible circumstances in which it will be applied. In some situations, application of the literal letter of the law may be unconscionable and would serve no useful purpose. Equity: Council may consider the equity implications of providing enforcement discretion/relief to a particular group of people experiencing homelessness caused by the fire, but not others experiencing homelessness within the Fort Collins community. January 11, 2022 Page 4 Administration and Enforcement: In some instances, taking a more formal action to waive requirements gives those relying on the waiver more assurance than simply choosing not to enforce existing requirements. It is unknown whether this distinction would have an impact here. 4. City Charter Article 1; Section 4 - Powers of City - Permitted Exemption: As described above, City Charter grants the City powers to execute on their authority as a home rule municipal corporation. Within these powers, the City can pro-actively grant exemptions to rules and regulations through a defined process Demonstrated Need: Council would need to indicate support for the cause of action. In this case, the cause would need to be linked to the specific impacts of the fire and the limitations of our regulations to offer housing relief for those impacted. As a permit process, where residents are asking permission through a review process, it is the applicant demonstrating the need. Equity: Council may find that equity implications are still present, but not as significant. By developing a specific program, narrowly tailored to address housing barriers for those affected by the Marshall/Boulder Fire, City Council can provide a reasonable and rational basis for this narrowly tailored form of relief. Administration: To execute, City Staff would develop a permit application, requirements, and review criteria. Fort Collins households wishing to provide housing relief, would be the applicants. The City has similar models in place and the resource demands to create this program would be minor. A permitted exemption can be addressed as an exemption for this fire, or an exemption for all future disasters. Enforcement: Enforcement of the permit may still be a challenge but can be minimized with documentation on record and the opportunity for initial screening at the time of issuance. If Council desires a temporary/timebound solution, a resolution with a deadline is needed. If Council prefers a lasting change, then City Staff would develop an amendment to the Land Use Code. CITY STAFF PROPOSED APPROACH - DISASTER RELIEF PERMIT EXEMPTION Based on these considerations, City Staff found that all mechanisms presented challenges in terms of demonstrated need, equity, administrative resourcing and enforcement complexity challenges. If Council is inclined to offer a solution, City Staff recommend City Council deploy their authority under City Charter Article 1; Section 4 - Powers of City - Permitted Exemption. Through this authority, City Staff could create a Disaster Relief Permit Exemption Program: Concept - Disaster Relief Host Permit: If Council supports this option, City Staff would create a new permit that exempts households from the Occupancy codes if they are hosting residents impacted by the Marshal/Boulder County Fire. This permit would be modelled after our Host Family Permit that allows exemption from occupancy limits if you have an exchange student. The ability to issue this permit can be timebound to align with the needs of this specific disaster, or Council could consider a permit that is generally applicable to any current or future natural disaster. City Staff will create an application, implement review criteria and establish a process for issuing the permit. Baseline Requirements: City Staff would further recommend the following specific requirements and criteria to minimize neighborhood impacts and maximize protection of public health and safety: Free permit Maximum of one additional household (defined based on legal definition of functional family) Maximum 12 months with one-time renewal (maximum of 24 months) Permitted anywhere within City boundary General Criteria/Review Discretion: ability to conduct an inspection; ability to consider history of chronic nuisance or criminal activity; compliance with applicable Building Code and other life/safety codes (e.g. habitable space and egress requirements); and provision of adequate parking January 11, 2022 Page 5 Variations for Council Consideration: If Council supports this approach, staff would appreciate feedback on a few variations of this program. The options are outlined in this table: Requirement Variation #1 Variation #2 Dwelling type Single unit dwelling + two unit, multi unit Owner/Renter Owner occupied + renter occupied (w/landlord permission) NEXT STEPS: tion to City Staff: Option #1 Option #2 Option #3 Approach Keep as is Explore Disaster Relief Host Permit - Exemption for Marshall/Boulder Fire Explore Disaster Relief Host Permit - General Applicability (LUC Amendment) Next Steps 1. Staff will continue to monitor demand 2. Staff will alert Council of any significant impacts or trends for consideration of next steps 1. Finalize based on Council feedback 2. Draft Ordinance 3. Jan 18: Council 1st Reading 4. Feb. 15: Council 2nd Reading 1. Finalize based on Council feedback 2. Draft Ordinance 3. Jan 14: P&Z Work Session 4. Jan 18: Council 1st Reading 5. Jan 20: P&Z hearing 6. Feb 15: Council 2nd Reading ATTACHMENTS 1. Powerpoint Presentation (PDF) Temporary Housing for Disaster Relief1-11-2022City Council Work SessionCaryn Champine, Meaghan Overton, Justin MooreATTACHMENT 1 2Questions for Council1.What questions to Councilmembers have about the active housingrelief efforts in Boulder County?2. Do Councilmembers wish to advance a regulatory housing reliefsolution, and if so, what feedback do Councilmembers have onthe options and next steps? 3Work Session Overview 4Contextand another 149 residential structures damaged in Superior and parts of Louisville (Boulder County)barriers that would prevent households in Fort Collins from hosting evacuees; and propose temporary solutions 5Summary of Housing Relief EffortsRequests for support: Status of Housing Relief Efforts: the Red Cross are closed or offline due to lack of need insurance industry has robust recovery response programsHousing Assistance/Matchmaking: 6Contextadditional space (e.g. basement apartment)house residents impacted by the fire is the occupancy regulations:Permitted:members of their family provided they are related by blood, marriage, adoption, guardianship, etc for any amount of time.Not Permittedby our code, such as a single father and child for more than thirty (30) days. 7Options to Temporarily Remove BarriersDemonstrated Need Equity Administration and EnforcementDeclaration of EmergencyClear justification this is a Fort Collins emergencyN/A Complexity of various codes, a specific group, and active code update effortsEmergency OrdinanceEvidence there are emergency conditions present in Fort CollinsProviding aid to a particular group of people experiencing homelessnessComplexity of various codes, a specific group, and active code update effortsProsecutorial DiscretionSupport that regulations limit our ability to address impacts from the fireEnforcement discretion/relief to a particular group of people experiencing homelessness Passive approach that may not offer certaintyPermitted ExemptionSupport that regulations limit our ability to address impacts from the fireLess significant as a narrowly defined programPro-Active approach that creates process and ability to monitor 8Concept: Disaster Relief Host Permit 9Requirements, Information, CriteriaPurpose of permitDemonstrated loss of housing from a natural disaster impacting the regionPermit FeeFreeAllowable #Maximum of one additional household (defined based on legal definition of functional family)Expiration/RenewalMaximum 12 months with one-time renewal (maximum of 24 months)ApplicabilityAnywhere within City boundaryGeneral Criteria/DiscretionAdditional conditions; inspection; history of chronic nuisance or criminal activity; assessment of habitable space; provision of egress; adequate parking 10Requirement Variation #1 Variation #2Allowable dwelling typeSingle unit dwelling + two unit, multi unitOwner/RenterOwner occupied + renter occupied (w/landlord permission) 11Process Option #1 Process Option #2 Process Option #3ApproachExemption for Marshall/Boulder FireGeneral Applicability (LUC Amendment)Next Steps*1 . Staff will monitor2. Alert Council if demand elevates1. Finalize based on Council feedback2. Draft Ordinance3. Jan 18: Council 1st Reading4. Feb 15: Council 2nd reading1. Finalize based on Council feedback2. Draft Ordinance3. Jan 14: P&Z Work Session4. Jan 18: Council 1st Reading5. Jan 20: P&Z hearing**6. Feb 15: Council 2nd Reading*we do not anticipate the volume of applicants will require new resources; in the future, if needed an appropriation ordinance would be considered; if Council supports Options 2 or 3 staff will also initiate necessary communication and outreach methods to create awareness**adjusted process sequence to expedite; needs Council support 12Questions for Council1.What questions to Councilmembers have about the active housingrelief efforts in Boulder County?2.Do Councilmembers wish to advance a regulatory housing reliefsolution, and if so, what feedback do Councilmembers have on theoptions and next steps?