HomeMy WebLinkAbout129 - 10/03/2023 - SUSPENDING CERTAIN PROVISIONS OF THE CITY’S LAND USE CODE AND BUILDING CODE TO PERMIT TEMPORARY USEORDINANCE NO.129,2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUSPENDING CERTAIN PROVISIONS OF THE CITY’S LAND USE CODE AND
BUILDING CODE TO PERMIT TEMPORARY USE OF CITY PROPERTY AT
117 NORTH MASON STREET AS A SEASONAL OVERFLOW HOMELESS SHELTER
WHEREAS,because of limited capacity of shelter space within the City there are many
nights when local shelter providers do not have enough space to house all people experiencing
homelessness who may be seeking shelter;and
WHEREAS,adequate shelter space becomes increasingly important as fall and winter
weather sets in and individuals are at risk from cold,flu,COVID viruses,frostbite as well as death
due to outdoor winter conditions;and
WHEREAS,the City historically contributes coordination and funding support to help
reduce or eliminate instances of people being turned away from shelter and into inclement weather
conditions due to limited capacity;and
WHEREAS,the City’s Land Use Code (“LUC”)provides a process for operation of
seasonal overflow shelters from November through April,and for many years shelter operators,
with financial support from the City,were able to operate a seasonal overflow shelter on privately
owned properties;and
WHEREAS,the 117 North Mason Street location (the “Property”)was used for an
overflow shelter for men experiencing homelessness for the 2022-2023 winter season;and
WHEREAS,the overflow shelter at the Property was operated by the Fort Collins Rescue
Mission from November 2022 through April 2023,and had the capacity to sleep up to 44 men;
and
WHEREAS,both mid-season and post-season feedback was generally neutral to positive,
with overall input from neighbors that the seasonal overflow shelter did not impact their day-to
day experience in this part of town;and
WHEREAS,for the upcoming 2023-2024 winter season,City staff and shelter providers
have been exploring other options and recently determined it was best to continue to utilize the
City-owned Property;and
WHEREAS,the City is intending to once again enter into a lease with the Fort Collins
Rescue Mission for the use and operation of the Property as the seasonal overflow shelter for the
2023-2024 winter season;and
WHEREAS,the use and operation of the Property will be nearly identical to the 2022-2023
winter season,which was open from November 2022 through April 2023,between the hours of
5:00 pm to 7:00 am to serve men experiencing homelessness;and
WHEREAS,the Fort Collins Rescue Mission will continue to operate the seasonal
overflow shelter and will continue to utilize a third-party security firm;and
WHEREAS,because of anticipated reductions of capacity of the year-round Fort Collins
Rescue Mission shelter (located at 316 Jefferson Street),the Fort Collins Rescue Mission aims to
expand the capacity from 44 to 70 men by utilizing the conference room space within the Property
for the 2023-2024 season;and
WHEREAS,while a homeless shelter is a permitted use under the current zoning for the
Property (Downtown Zone —Civic Subdistrict),the LUC requires review by the Planning and
Zoning Commission 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,this review process generally takes months to complete;and
WHEREAS,because the use and operation of the Property as a seasonal overflow shelter
is temporary in nature,and 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 with respect to the Property,so long as the City is using it as a
shelter for persons experiencing homelessness.
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
between November 1,2023,and April 30,2024,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 version of the LUC in effect upon the effective date of this
Ordinance shall apply to the Property and its use as a homeless shelter between November 1,2023,
and April 30,2024.
ATTEST:
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Introduced,considered favorably on first reading and
September,2023,and to be
ATtEST:
ordered published this 19th day of
3rd day of
City
Passed and adopted on final reading this 3rd day of October,2023.
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