HomeMy WebLinkAbout126 - 10/27/2020 - SUSPENDING CERTAIN PROVISIONS OF THE CITY'S LAND USE CODE TO PERMIT TEMPORARY USE OF THE PROPERTY AT 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 "Iocal
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
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
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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 PIanning 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 11, 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.
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.
J
Mayor
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