HomeMy WebLinkAbout020 - 03/01/2022 - SUPPORTING TEMPORARY FORT COLLINS HOUSING PERMITS FOR VICTIMS OF THE MARSHALL/BOULDER COUNTY FIRE ASORDINANCE NO. 020, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUPPORTING TEMPORARY FORT COLLINS HOUSING PERMITS FOR
VICTIMS OF THE MARSHALLBOULDER COUNTY FIRE AS AN
EXCEPTION TO LAND USE CODE SECTION 3.8.16 OCCUPANCY LIMITS
WHEREAS, on December 30, 2021, the Marshall Fire destroyed about 1,084 homes and
another 149 residential structures in Superior and parts of Louisville, Colorado (Boulder County);
and
WHEREAS, City Council finds that the Marshall Fire had a significant impact on residents
of Fort Collins' neighboring communities, and the City's Land Use Code ("LUC") impedes Fort
Collins residents who wish to provide temporary housing accommodations to fire victims; and
WHEREAS, the City of Fort Collins has historically collaborated with other Colorado
communities to provide mutual aid in response to natural disasters; and
WHEREAS, on January 4, 2022, City Council asked staff to: 1) summarize housing relief
connections and matchmaking services; 2) evaluate potential regulatory barriers that would
prevent households in Fort Collins from hosting evacuees; and 3) propose ways to remove or
reduce regulatory barriers; and
WHEREAS, staff concluded that the greatest barrier to providing relief was the LUC
Section 3.8.16 regarding occupancy limits; and
WHEREAS, City Council carefully reviewed the demonstrated need, equity
considerations, and administrative enforcement issues associated with modifying occupancy limits
for temporary disaster relief to locally house Marshall Fire victims; and
WHEREAS, City Council finds it appropriate to establish a temporary emergency housing
permit program (the "Program") that would allow the Community Development Neighborhood
Services Director to approve permits to provide local temporary housing to victims of the Marshall
Fire as an exception to LUC Section 3.8.16; and
WHEREAS, City Council also finds that this Ordinance is necessary and appropriate to
protect the public health, safety and welfare, serves the best interests of the residents of Fort
Collins, and covers matters of local concern.
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 City Council approves the development and implementation of the
Program for victims of the Marshall Fire which creates an application, implements review criteria,
and establishes a process for issuing the permits in accordance with this Ordinance, as an exception
to LUC Section 3.8.16, and notwithstanding that the occupancy permitted under the Program may
otherwise be contrary to LUC Section 3.8.16.
Section 3. City Council directs the City Manager to establish the Program with the
following requirements: 1) allow owners of single- and multi -dwelling units, or lessees with the
express written permission of the owners, to offer housing for an additional Household Unit; 2)
Household Unit shall mean any number of persons who live together as a single housekeeping
unit and share common living, sleeping, cooking and eating facilities, who can additionally
verify housing displacement by the Marshall Fire; 3) permits are to be issued to the property
owner, or lessee, and to require both the owner/lessee and proposed additional Household Unit
to apply for the permit and meet the requirements detailed therein; 4) while permits may be
transferred from one property owner to another upon sale of property, permits are not
transferrable to a lessee or new additional Household Unit; 5) permits must be requested within
twelve (12) months of the date of this Ordinance, and may last twenty-four (24) months; 6)
Program participants are subject to the City's inspection of the property, ensure ongoing
compliance with the Building Code (and other life/safety Code provisions); and 7) the
Community Development Neighborhood Services Director shall approve and administer
permits.
Section 4. Program permits shall be valid for no more than twenty-four (24) months
from the date of issuance, and not later than the termination of this Ordinance; provided, however,
that in the event that the Municipal Judge or Municipal Court Referee determines, during the term
of any such permit, that a violation of Chapter 17 or 20 of the City Code or Section 3.8.16 of the
LUC has occurred at the premises for which the permit was issued, the permit may be revoked.
Section 5. The City Manager shall report back to City Council regarding the Program
no later than November 1, 2023.
Section 6. Unless otherwise revised by Council ordinance, this Ordinance shall be
automatically repealed on March 11, 2025; thirty-six (36) months from the date this Ordinance
becomes effective.
Section 7. This Ordinance is intended to temporarily override any contrary private
covenants as contrary to public policy during the term of this Ordinance. Enforcement of a private
covenants contrary to this Ordinance shall be considered a violation of this Ordinance and a
criminal misdemeanor under City Code Section 1-15.
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Introduced, considered favorably on first reading, and ordered published this 15th day of
February, A.D. 2022, and to be presented for final passage on the 1st day ofJVarch, A.D. 2022.
ATTEST: Ul SEAL
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City Clerk
Passed and adopted on final reading on this 1 st day of Mph, A.D.
SEMI. ` Mayor
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ATTEST: