HomeMy WebLinkAbout144 - 11/16/2021 - SUSPENDING CERTAIN PROVISIONS OF THE CITY'S LAND USE CODE AND BUILDING CODE, AND TEMPORARILY ADOPTIN EMERGENCY ORDINANCE NO. 144, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUSPENDING CERTAIN PROVISIONS OF THE CITY'S LAND USE CODE AND
BUILDING CODE, AND TEMPORARILY ADOPTING SECTION 108 OF THE
INTERNATIONAL BUILDING CODE, TO PERMIT TEMPORARY USE OF CITY
PROPERTY AT 212 WEST MOUNTAIN AVENUE AS A HOMELESS 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 Seventh Amended Public Health Order 20-38 dated September
30,2021,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, this emergency ordinance is meant to further the City's emergency response
related to COVID-19 consistent with PHO 20-38 by providing shelter to people experiencing
homelessness as soon as possible; and
WHEREAS, because of social distancing requirements there are many nights when local
shelter providers do not have enough space to house all those who may be seeking shelter; and
WHEREAS,adequate shelter space that permits social distancing will become increasingly
important as fall and winter weather sets in and individuals are at risk from cold and flu viruses as
well as COVID-19; and
WHEREAS, the City is the owner of property located at 212 West Mountain Avenue (the
"Property"), which the City wishes to lease to the Fort Collins Rescue Mission to operate as an
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overnight shelter for persons experiencing homelessness from November 2021 through April
2022; and
WHEREAS, while a homeless shelter is a permitted use under the current zoning for the
property (Downtown Zone _.. Civic Subdistrict), the City's Land Use Code ("LUC") requires
review by the Planning and Zoning Board to permit the use of the Property as a homeless shelter,
as such a change in use of the building is considered "development" under LUC Division 5.1.2;
and
WHEREAS, LUC Article 3 and LUC Article 4, Division 4.16 set forth development
standards that would also be applied to the Property as part of such a review process; and
WHEREAS,the City has adopted the 2018 International Building Code(IBC)as amended
by the City; and
WHEREAS, under Section 5-27(11)of the City Code one such amendment was to delete,
in its entirety, Section 108 of the IBC regarding temporary structures and uses, which reads as
follows:
SECTION 108 TEMPORARY STRUCTURES AND USES
108.1 General. The building official is authorized to issue a permit for temporary
structures and temporary uses. Such permits shall be limited as to time of service,
but shall not be permitted for more than 180 days.The building official is authorized
to grant extensions for demonstrated cause.
108.2 Conformance. Temporary structures and uses shall comply with the
requirements in Section 3103.
108.3 Temporary power. The building official is authorized to give permission to
temporarily supply and use power in part of an electric installation before such
installation has been fully completed and the final certificate of completion has
been issued. The part covered by the temporary certificate shall comply with the
requirements specified for temporary lighting, heat or power in NFPA 70.
108.4 Termination of approval. The building official is authorized to terminate
such permit for a temporary structure or use and to order the temporary structure or
use to be discontinued.
and
WHEREAS, City staff intends to ask the City Council to reinstate IBC Section 108 as part
of City Building Code updates planned for spring of 2022; and
WHEREAS, adopting Section 108 now on a temporary, emergency basis would give the
City's Building Official authority to issue a permit for a temporary use of a building for purposes
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like a homeless shelter, whether on the Property or in another location, during the COV ID-19
pandemic; and
WHEREAS, the Building Official would work with Poudre Fire Authority to establish
safety requirements for the Property before issuing a permit for such temporary use; 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 adopt IBC Section 108 and to suspend the
application of certain requirements of the LUC with respect to the Property for so long as the City
is using it as a 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 only to the Property and its use as a homeless shelter
through April 30, 2022, the City Council hereby suspends the requirements of.
• LUC Article 3 regarding general development standards;
• LUC Division 4.16 regarding development standards and the development review process
for use of the property as a homeless shelter;
• LUC Division 2.2 regarding the common development review procedures for development
applications; and
• LUC Division 2.4 and 2.5 requiring a project development plan (PDP) and final plan for a
proposed homeless shelter on the Property.
Section 3. That the City Council hereby adopts IBC Section 108 for the limited
purpose of permitting the use of property within the City for homeless shelters or other similar
emergency uses on a temporary basis during the COVID-19 pandemic, or until the City Council
amends Chapter 5 of the City Code to include IBC Section 108, whichever comes first.
Section 4. 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 5. That the Interim 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 2nd day of
November, 2021.
r
ATTEST:
Interim City Clerk
PO
SEAS
Raoo:
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Account#: FTC-003160
FORT-COLLINS
J ' Invoice Text
�� J NOTICE IS HEREBY GIVEN that the Fort Collins City Coun(
ASTATE OF COLORADO )
)ss:AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER )
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that
the same is a daily newspaper of general circulation and printed and published in the City of Fort
Collins,in said county and state;that the notice or advertisement,of which the annexed is a true
copy,has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice,and in the newspaper proper and not in a supplement thereof, that the publication of said
notice was contained in the issues of said newspaper dated on
11/07/21
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to; that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado,
Legal Clerk
Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this
7th of November 2021.
Notary Publie
1
Notary Expires
�. VICKY FELTY
Notary Public Legal No.0004989324
State of Wisconsin
Ad#:000�4989324 Affidavit Prepared
P O : Sunday,Noveinber 7,202 3:34 ain
This is not an invoice
#of Affidavits 1
NOTICE JS HER EBYI GIVEN tl at the,' -TION AND:COLLECTION OF
Fort Collins Clty Council on Tuesday, DEVELOPMENT FEES IMPOSED
November 2 ,2021 passed and;adap#ed FOR THE CONSTRUCTION
the ;following;' ard[naeces oni first:= OF:NEW OR MODIFIED ELECTRIC
reading These ordinances will-be pre SERVICE CONNECTIONS
sented�forfingtpassage".'onTtsesdaY "No'.
vember 16,2021i ORDINANCE NO.148,2021
ORDINANCE NO 134,2021 OF THE COUNCIL or-THE CITY OF
DF THE COUNCIL OF TyE CITY OF PORT COLLINS
FORT COLLINS AMENDING CHAPTER 26 OF THE
APPROPRIATING PHILANTHROPIC CODE OF THE CITY.OF FORT
REVENUE„RECEIVES)THROUGH COLLINSTO:REVISE SEWER PLANT
CITY GI.E,"F,OR`RECREATIONII N INVESTMENT:FEES
COME-QUAL[FIED YOUTH SPORTS ORDINANCE NO.Y49,2021
PROGRAMMING ANE7 SERVICES OF THE COUNCIL OF THE`CITY OF
ORDINANCE NO .140,2021 '= FORT.COLL I NS
DF.THE,COUNCIL OF,THE CITY OF AMENDING CHAPTER 26 OF THE
f.ORT GOLLI:NS CODE.OF:THE CITY OF FORT
APPROPRIATING P.RlOR YEARiRE- COLCINS_TOREVISE THE
SERVES:AND:AUTHORIZING STORMWATER PLANT INVESTMENT
TRANSFERSDF APPROPRIATEONS FEES
FOR THE':RENOVATEON OF THE ORDINANCE NO.
150,2021
HE5TORIC CARNEGIE`:LIBP .R ANb OF TH COUNCIL OF THE CITY OF
RELATED ART IN PUBLIC PLACES:::, FORTIL
ORDINANCE N0:141,2021 AMENDING CHAPTER 26 OF THE
OF THE COUNCIL OP.THE CITY CW CODE OF THE CITY OF PORT:.
""FORT COLLINS COLLINS TO REVISE WATER PLANT::.
BEING THE ANNUAL APPROP..RIA
INVESTMENT.FEES
TIONORDINANCE:FOR THE FORT ORDINANCE NO :I51 2021
COLL[NS,DOWNTOWN DEVELOP OF THE COUNCIL OF THE CITY OF:.
MENT'AUTHORIT.Y RELATING TO UNCI OLLINS THE'ANNUAL APPROPRIATIONS
FOR' AMENDING CHAPTER 26 OF THE
,TPIF?FISCAL YEAR 2022 AND I IXING THt - CODE OF,THE.CITYOF FORT..
GOLLINS TO REVISE N115CELLANE
MILL LEVY FOR THE'.00WNTOWN OUS..WATE?R'FEES AND CHARGES,
DEVEL FISCALAUTH20U INCLUDING THE WATER SUPPLY
FOR.FISCAL YEAR 2022 REQUIREMENTS FEE,`,
ORDINANCE NO.142,2021'
OF THE COUNCIL Or-THE CITY OF The following ordinance was adopted as
FORT COLLINS on Emergency..Ordinance on November
ADOPTING:THE 2022 BUDGET AND 2 2021;
APPROPRIATING THE FORT
COLLI.� .,
NS d: EMERGENCY ORDINANCE NO.144,
SHARE OF THE 2422 FISCAL YEAR 2021 -
OP..ERATING:AND,CAPITAL IM-,- ;, OF THE'COUNCIL OF THE CITY OF
PROVEMENT FUNDSFOR THE I FORT;COLLIN5
NORTHERN COLORADO REGIONAL SUSPENDING CERTAIN PROVISIONS
AIRPORT.".:' OF.THE CITY'S LAND:USE CODE
AND BUILDING.CODE;:AND TEMPO-:
ORDINANCE NO'743 ?021.,.,: RARILYADOPT:INGSECTION.108'OF
OF THE COUNCIL OF THE CITY."OF .' THE'INTERNATIONALBUILDING....
FORT COLLiNS CODE,TO PERMIT TEMPORARY
AMENDING CHAPTER:75'6F:THE USE—:.'OF CITY PROPERTY:AT 212
CODE OE THE CITY.;OF FORT WEST;MOUNTAIN AVENUE'AS A
COLLINS TO'.EOR;INFLA.T,ION THE- "HOMELESS SHELTER.
.
CAPITAL EXPANSION,FEES AND
7HE:TRANSPOR FEEION EXPANSION,: The full text of these ordlr�pnces can be
found at.: http l/fcgpv corri(pu$Ilcnotices::'
or by calling the City Clerk's Office at
ORDINANCE NO.145�2021. .: 970.221.6515
OF THE COUNCIL.OF THE CITY'OF
FORT COLLINS:— 0004989324:,
BEINGTHE:ANNUALAPPROPRIA Colaradoan
TEON ORDINANCE Nov.7;2027
RELATING TO.THE ANNUAL APPRO?
PRIAT=IONS. '
FOR F ISCAL,:YEAR:2022t ADOPTING
n: .THEtBUDGETFOI2 ,: ,> ;,.
THE FISCALYEAR:.BEGI.NNING JAN-
UARY 1;2022 AND'INDING i
DECEMBER Mt 2022;AND.'FIXING I
THE MILL LEVY FOR:
PROPERTY TAXES PAYABLE IN 2022 .
ORDINANCE NM46,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING CHAPTER 26 OF THE
CODE OF:THE CITYOF,FORT
COLLiNSTOREVISI=ELECTRIC i
RATES FEES AND CHARGES ANb
UPDATING RELATED,PROVISIONS
;ORDINANCE NO ,',W 2021
OF'THE COUNCIL OF.THE CITYOF , I
FORT COLLINS
AMENDING CHAPTER 26 OF'THE
CODE OF:THE CITY:OF FORT
COLLINS.REGARDING,CALGUE:A-
Account#. FTC-003160
1 FORT-COLLINS
Invoice Text
� � r NOTICE IS HEREBY GIVEN that the Fort—� ---- H Collins City Coun-
STATE OF COLORADO )
)ss:AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER )
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that
the same is a daily newspaper of general circulation and printed and published in the City of Fort
Collins,in said countyand state;that the notice or advertisement,of which the annexed is a true"
copy,has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice,and in the newspaper proper and not in a supplement thereof;that the publication of said
notice was contained in the issues of said newspaper dated on
11/21/21
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to; that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
Legal Clerk
Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this
21 st of November 2021.
Notary Public
Notary Expires
3
VICKY FELTY
Notary PUbIIc Legal No.0005009658 ;
Ad#:0005009658 State O f V�/f S C O rl s I n
P O; Affidavit Prepared
Sunday,Novembcr 21,20 3:35 ant
This is not an invoice
#of Affidavits 1
NOTICE 1S`HEREBY GIVEN ,that the.
Fort Collins`Cily..Coijhcil 'on"Tuesday;l
November 16, 2021,:passed,dnd adovted
"the following :ordinances - on "secondr.
reading.
ORDINANCE NO.128,2021 .
OF THE:.COUNCIL OF .THE'CITY :OF.
FORT COLLINS >AMENOIN.G, CHAP
TER 26 OF.THE.CODE,OF THE CITY:;
OF, FORT`COLLINS'TO:IMAKE`VAR[-
OUS :UPDATES--;REGARDING THE,
WASTEWATER:`UTILITY'PRETREAT-'.
:MENT PROGRAM
+rl s
ORDINANCE NO..139,2021
OF THE.COUNCIL.OF THE:.CITY "OF
FORT" COLL]NS. 'APPROPRIA:TING
''PHILANTHROPIC REVENUE, -RE-
':CEIVED ;THROUGH`:CITY..GIVE FOR
RECREATION °µINCOME-QU.A< IFIED:
YOUTH SPORTS ef7PROGRAMMING
'AND`SERVICES,'
ORbI.NANCE:NO.140,2021
`OF,.THE.'COUNCIL ,OF THE CITY'OF�.
FORT .COLLINS APPROPRIATING
PRIOR YEAR RESERVES AND AU
THORIZING TRANSFERS OF APPRO OF FORT' COLLINS TO. REVISE..
PRIATIONS'FOR THE RENOVATION ELECTRIC RATES, FEES, AND
OF THE HISTORIC CARNEGIE Ll- CHARGES AND UPDATING RELATED
BRARY AND RELATED ART IN PUB- PROVISIONS
LIC PLACES
ORDINANCE"NOi 147,2021[
'ORDINANCE NO.:141,2021 OF"THE'COl]:NCIL OF:THE"CITY OF
OF .THE,COUNCIL;OF THE:'CITY'OF" FORT COL'LINS AMENDING"CHAP
FORT COLLINS BEING THE"ANNUAL TER
'26 OF THE CODE OF THE CITY.
APPROPRIATION ..ORDINANCE FOR OF FORT THE
REGARDING CAL
`rTHE FORT COLLINS:DOWNTOWN DE- CULAT'ON AND COLLECTION OF DE- ,
`VELOPMENT =AUTHORITY RELAT- VELOPMENT FEES IMPOSED FOR
ING TO`:THE :'ANNUAL APPROPRIA . THE CONSTRUCTION OF NEW OR'',
TIONS'FOR THE FISCAL"YEAR;2022 MODIFIED `: ELECTRIC 'SERVICE
AND FIXING THE MILL LEVY FOR CONNECTIONS
:T.HE DOWNTOWN: DEVELOPMENT
AUTHORITY FORFISCAL YEAR 2022i, "..ORDINANCE NO.148,2021
OF THE COUNCIL OF THE CITY OF,
OROINANCE NO.142,2021" FORT COLLINS AMENDING. CHAP-
OF THE. COUNCIL'OF THE: CITY:OF TER 26 OF THE CODE .OF THE CITY
FORT COLLINS'ADOPTING THE,2022 OF FORT COLLINS TO REVISE SEW-
BUDGET AND.APPROPRIATING :THE ER PLANT INVESTMENT FEES
FORT COLLINS SHARE OF.. THE'2022
FISCAL YEAR = OPERATING "AND ORDINANCE NQ 14. 2027
CAPITAL:; IMP.ROVEMEN.. FUNOS OF,
:THE COUNCIL>OF,THE" CITY OF'.
;FOR -TH> NORTHERN '.,COLORADO FORT COLDINS;AMENDING CHAP-
REGIONALAIRPORT TER 26 OF:�THECODE OF." THE.CITY,;'
OF;'.FORT COLLINS TO REVISE THE;'
ORd1NANCE N0 143,2021 STORMWATER PLANT"INVESTMENT,:'
OF.THE COUNCIL OF THE CITY OF FEES
FORT....."COLLINS`:AMENDING CHAP
;TER 75 OF THE;CODE OF:THE CITY ORDINANCE NO 150,2021
OF FORT:'COLLINS TO"FOR,INFLA OF":THE.COUNCIL OF THE.:CITY OF
TION. THE" CAPITAL °EXPANSION FORT COLLINS :AMENDING. CHAP-,:.
FEE5;;AND -TH.E TRANSPORTATION TER 26 OF THE CODE OF THE CITY':'
EXPANSION FEE OF'I> FORT- COLLINS" TO .REVISE
WATER PLANT,INVESTMENTrFEES
ORDINANCE NO 145,261
OF THE;COUNCIL OF THE CITY OF ORDINANCE NO"151,2D21
FORT:COLLINS`BEING THE ANNUAL OF`THE COUNCIL'.or
THE.CITY OF ,
;APPROPRIATION ORDINANCE'. RE- FORT COLLINS =AMENDING CHAP::
LATING.'TOI.THE- ANNUAL "APP..RO TER 26 OF THE CODE,OF THE CITY:
PRIAT:ION5FOR,FISCAL"YEAR2022 OF'FORT..COLLINS%TO°REV.ISE "MIS=:,
ADOPTING -THE BUDGET.,FOR THE , CELLANEOUS WATER 'FEES AND.':
:FISCAL.YEAWBEGINNING JANUARY CHARGES. `INCLUDING THE WATER;
�I`, 2022 ,AND?ENDING DECEMBER=31 SUPPLY-REQUIREMENTS FE'E
;2fl22 AND. FIXING THE:'::`M1LL•-"LEVY
these ordinances can be
FOR PROPERTY TAXES PAYPBLE ul text
t found at http.jjfcgov.cbm/pubIicnotices
IN 2022
or.by tailing the City Clerk's Office at
ORDINANCE NO.7A6,2021 970.221.6515,
OF THE COUNCIL OF THE:'CITY,.bF:j.0005009658 r
FORT COLLINS:; AMENDING :CHAP- Coloradoan
TER 26 OF THE'.CODE:OF THE:.CITY 'Nov.21,2021