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Home My WebLink About110 - 09/15/2015 - AMENDING THE LAND USE CODE PERTAINING TO SEASONAL OVERFLOW SHELTERS AND HOMELESS SHELTERS ORDINANCE NO. 110, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LAND USE CODE PERTAINING TO SEASONAL OVERFLOW SHELTERS AND HOMELESS SHELTERS WHEREAS, during the winter months, the City's two permanent year-round homeless shelters have difficulty in supplying beds and accommodation for the homeless in severe weather; and WHEREAS, in the past, City staff has worked with various local organizations to provide seasonal wintertime shelter for those who cannot be accommodated in the City's homeless shelters and City staff has reacted to the onset of cold weather by requesting that the City Council adopt emergency ordinances to exempt the seasonal shelters from the Land Use Code since the Land Use Code implicitly prohibits them; and WHEREAS, in order to avoid the necessity to react to impending wintertime extreme temperatures, the City Council has requested that the staff explore opportunities for a permanent remedy for the overflow shelter excess demand situation by amending the Land Use Code to permit such shelters in certain zone districts and under specific conditions designed to protect the adjacent neighborhoods and in order that the City may proactively address seasonal overflow shelter needs; and WHEREAS, the City Council has determined that the Land Use Code should include definitions for both "Seasonal Overflow Shelters" and "Homeless Shelters" and provide specific standards and criteria for the establishment of Seasonal Overflow Shelters; and WHEREAS, after substantial public outreach and upon the favorable recommendation of the Planning and Zoning Board, the City Council has determined that the proposed regulations are in the best interests of the City and should be adopted into the Land Use Code for the placement and regulation of Seasonal Overflow Shelters. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 3.8.25 of the Land Use Code is hereby amended to read as follows: 3.8.25 Permitted Uses: Abandonment Period/Reconstruction of Permitted Uses _ (A)If, after June 25, 1999 (the effective date of the ordinance adopting this Section), active operations are not carried on in a permitted use during a period of twelve (12) consecutive months, or with respect to seasonal overflow shelters sixty (60) consecutive months, the building, other structure or tract of land where such permitted use previously existed shall thereafter be re-occupied and used only after the building or other structure, as well as the tract of land upon which such building or other structure is located, have, to the extent reasonably feasible, been brought into - 1 - compliance with the applicable general development standards contained in Article 3 and the applicable district standards contained in Article 4 of this Code as determined by the Director. This requirement shall not apply to any permitted use conducted in a building that was less than ten (10) years old at the time that active operations ceased. Intent to resume active operations shall not affect the foregoing. Section 2. That Article 3 of the Land Use Code is hereby amended by the addition of a new Section 3.8.33 which reads in its entirety as follows: 3.8.33 Seasonal Overflow Shelters (A) Applicability. These standards shall apply to all seasonal overflow shelters. (B) Purpose. The purpose of this section is to allow for the siting and approval of seasonal overflow shelters while helping to ensure that such shelters are compatible with the adjacent neighborhoods. (C) Standards. (1) General Standards. Seasonal overflow shelters shall be allowed as a permitted use, provided that all of the following conditions are met: (a) Occupancy limit. No more than fifty (50) persons may be housed at any one seasonal overflow shelter. (b) Operations. An organization with prior homeless shelter management experience must be designated as the operator responsible for managing the seasonal overflow shelter. (c) Operating agreement. An operating agreement must be completed between the City, the operator and the owner of the real property upon which the seasonal overflow shelter is located, delineating the roles of the parties, and, without limitation, shall include provisions pertaining to parking, hours of operation, site cleanup, loitering, number of staff and designated contact persons for each party. The operating agreement shall be executed by all parties prior to the approval of a seasonal overflow shelter and must be executed preceding each operating season that the shelter is functioning. (d) Transportation. If the seasonal overflow shelter is more than two (2) miles from a homeless shelter, then transit to and from the seasonal overflow shelter and the homeless shelter (or other - 2 - locations designated in the Operating Agreement) shall be provided by the operator of the seasonal overflow shelter. (e) Neighborhood meeting. The City shall require a neighborhood meeting for each application for approval of a seasonal overflow shelter and preceding each operating season that the shelter is functioning. (f) Limit. There shall be no more than three (3) seasonal overflow shelters operating in the City at any given time. (g) Compliance with other standards. The property upon which the seasonal overflow shelter is located must continue to comply with the standards of this Code, at least to the extent of its original compliance (so as to preclude any greater deviation from the standards of this Code by reason of a seasonal overflow shelter being located thereon). Section 3. That Section 4.4(13)(2)(b) of the Land Use Code, regarding the Low ,Density Residential District, is hereby amended, by the-addition of a new subparagraph 4 which reads in its entirety as follows: 4. Seasonal overflow shelters. Section 4. That Section 4.4(D) of the Land Use Code, regarding the Low Density Residential District, is hereby amended by,the addition of a new paragraph (3) which reads in its entirety as follows: (3) Seasonal overflow shelters. Seasonal overflow shelters may be allowed in this zone district only on parcels that abut an arterial street. Section 5. That Section 4.5(13)(2)(b) of the Land Use Code, regarding the Low Density Mixed Use Neighborhood District, is hereby amended by the addition of a new subparagraph 8 which reads in its entirety as follows: 8. Seasonal overflow shelters. Section 6. That Section 4.5(D) of the Land Use Code, regarding the Low Density Mixed-Use Neighborhood District, is-hereby amended by the addition of a new paragraph (7) which reads in its entirety as follows: (7) Seasonal overflow shelters. Seasonal overflow shelters may be allowed in this zone_district only on parcels that abut an arterial street. - 3 - Section 7. That Section 4.6(B)(2)(b) of the Land Use Code, regarding the Medium Density Mixed-Use Neighborhood District, is hereby amended by the addition of a new subparagraph 6 which reads in its entirety as follows: 6. Seasonal overflow shelters. Section 8. That Section 4.6(D) of the Land Use Code, regarding the Medium Density Mixed-Use Neighborhood District, is hereby amended by the addition of a new paragraph'(4) which reads in its entirety as follows: (4) Seasonal overflow shelters. Seasonal overflow shelters may be allowed in this zone district only on parcels that abut an arterial street. Section 9. That Section 4.9(B)(1)(b) of the Land Use Code, regarding the Neighborhood Conservation Buffer District, is hereby amended by the addition of a new subparagraph 4 which reads in its entirety as follows: 4. Seasonal overflow shelters. Section 10. That Section 4.10(B)(1)(d) of the Land Use Code, regarding the High Density Mixed-Use Neighborhood District, is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. Section 11. That Section 4.16(B)(1)(d) of the Land Use Code, regarding the Downtown District, is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. Section 12. That the table contained Section 4.16(B)(2) of the Land Use Code, regarding the Downtown District, is hereby amended to read as follows: Land Use Old C1t::Center '['Canyon Avenue Civic Center B. INSTITUTIONAL/CIVIC/PUBLIC Homeless shelters(excluding seasonal overflow shelters Type l Type l Type 2 Section 13. That Section 4.17(B)(1)(d) of the Land Use Code, regarding the River Downtown Redevelopment District,is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. -4 - Section 14. That Section 4.17(13)(3)(b) of the Land Use Code, regarding the River Downtown Redevelopment District, is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Homeless shelters (excluding seasonal overflow shelters). Section 15. That Section 4.18(B)(1)(d) of the Land Use Code, regarding the Community Commercial District, is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. Section 16. That Section 4.18(13)(3)(b) of the Land Use Code, regarding the Community Commercial District, is hereby amended by the addition of a new subparagraph 4 which reads in its entirety as follows: 4. Homeless shelters (excluding seasonal overflow shelters). Section 17. That Section 4.19(B)(1)(d) of the Land Use Code, regarding the Community Commercial -North College District, is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. Section 18. . That Section 4.20(B)(1)(d) of the Land Use Code, regarding the Community Commercial — Poudre River District, is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. Section 19. That the table contained in Section 4.21(B)(2) of the Land Use Code, regarding the General Commercial District, is hereby amended to read as follows: '� '°� GenerallCommerctal'District L5n`dUse �l,,,, � 15`_/SH39.3 ,CAC CGnf B AN STITUTIONAL/C•IV[C[/W,BMI YY [J.4' 1F kYli. Seasonal overflow shelters Not permitted BDR Homeless shelters (excluding seasonal overflow J Not permitted Type 2 shelters) Section 20. That Section 4.22(B)(1)(d) of the Land Use Code, regarding the Service Commercial District, is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: - 5 - r 2. Seasonal overflow shelters. Section 21. That Section 4.22(13)(3)(b) of the Land Use Code, regarding the Service Commercial District, is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Homeless shelters (excluding seasonal overflow shelters). Section 22. That the table contained in Section 4.24(B)(2) of the Land Use Code, regarding the Limited Commercial District, is hereby amended to read as follows: Land Use Riverside Area All Other Areas A. RESIDENTIAL B. INSTITUTIONAL/CIVIC/PUBLIC Seasonal overflow shelters BDR BDR Section 23. That Section 4.26(B)(1)(d) of the Land Use Code, regarding the Harmony Corridor District, is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. Section 24. That Section 4.26(D)(2) of the Land Use Code, regarding the Harmony Corridor District, is hereby amended by the addition of a new subparagraph (t) which reads in its entirety as follows: (t) Seasonal overflow shelters. Section 25. That Section 4.27(B)(1)(d) of the Land Use Code, regarding the Employment District, is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Seasonal overflow shelters. Section 26. That Section 4.27(13)(3)(b) of the Land Use Code, regarding the Employment District, is hereby amended by the addition of a new subparagraph 8 which reads in its entirety as follows: 8. Homeless shelters (excluding seasonal overflow shelters). Section 27. That Section 4.27(D)(2) of the Land Use Code, regarding the Employment District, is hereby amended by the addition of a new subparagraph (z) which reads in its entirety as follows: (z) Homeless shelters (including seasonal overflow shelters). - 6 - `Section 28. That Section 4.28(13)(3)(a) of the Land Use Code, regarding the Industrial District, is hereby amended by the addition of a new subparagraph 7 which reads in its entirety as follows: . 7. Homeless shelters (excluding seasonal overflow shelters). Section 29. That the definition of"Dwelling" contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Dwelling shall mean a building used exclusively for residential occupancy and for permitted accessory uses, including single-family dwellings, two-family dwellings and multi-family dwellings. The term dwelling shall not include hotels, motels, homeless shelters,,seasonal overflow shelters, tents or other structures designed or used primarily for temporary.occupancy. Any dwelling shall be deemed to be a principal building. Section 30. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition"Homeless shelters" which reads in its entirety as follows: Homeless shelters shall mean a fully enclosed building other than a hotel; motel, or lodging establishment that is suitable for habitation and that provides residency.only for homeless persons at no charge at any time during the year. Section 31. That the definition of "Hotel/motel/lodging establishment" contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Hotel/motel/lodging establishment shall mean a building other than a homeless shelter or seasonal overflow shelter intended and used for occupancy as a temporary,abode for individuals who are lodged with or without meals, in which there are five (5) or more guest rooms. Section 32. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition"Seasonal overflow shelters" which reads in its entirety as follows: Seasonal overflow shelters shall mean a homeless shelter that allows homeless persons to stay on its premises overnight from the beginning of November through the end of April, unless, because of inclement weather, specific and limited exceptions to such seasonal limitations are granted by the Director. 1 - 7 - J Introduced, considered favorably on first reading, and ordered published this 1 st day of September, A.D. 2015, and to be presented for final passage on the 15th day of September, A.D. 2015. OF FORT'CO >;' ;yN Mayor "'. SEAL ATTEST: COLORP�O City Clerk Passed and adopted on final reading on this 15th day of September, A.D. 2015. or O�pORT O� A. �i ATTEST: " SEAL'yN City Clerk ' l t t 8