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Transmittal - 10/20/2021SALT LAKE CITY ORDINANCE No. ____ of 2021 (An Ordinance Enacting Temporary Zoning Regulations Authorizing Temporary Overflow Homeless Shelter Use at Approximately 235 South Rio Grande) WHEREAS, Section 10-9a-504 of the Utah Code permits a municipality, without prior consideration and recommendation from the municipality’s planning commission, to enact a temporary land use regulation for any part or all of a municipality if the governing body makes a finding of compelling countervailing public interest; WHEREAS, in late 2019 three new shelter sites funded significantly by the State of Utah (the “three new shelters”) were open to provide a new dispersed model for providing sleeping accommodations and resources for individuals experiencing homelessness; WHEREAS, Salt Lake City (“City”), Salt Lake County (“County”), the State of Utah (“State”), and community organizations have worked cooperatively over the past five years to address the rise in numbers of persons experiencing homelessness; WHEREAS, despite the efforts at various levels of government, the number of individuals experiencing homelessness and the efforts to address the needs of those experiencing homelessness has been compounded by the economic, humanitarian, and public health crisis stemming from the global COVID-19 pandemic, the affordable housing crises, the ongoing opioid epidemic, and other various rising social crises that create economic disparities; WHEREAS, the City is committed to ensuring that all people have access to shelter during these winter months when cold temperatures are often extreme during the night in the Salt Lake Valley; WHEREAS, exposure to extreme cold temperatures can cause death, and in the past has caused deaths among unsheltered persons experiencing homelessness in Salt Lake City; WHEREAS, in order to mitigate the spread of COVID-19 among those experiencing homelessness it is necessary to promote social distancing practices and avoid over concentrating any one particular shelter location with those individuals experiencing homelessness; WHEREAS, the City Council desires to allow: for a period not to exceed 6 months overnight sleeping accommodations provided on an emergency basis when additional shelter beds beyond those provided by the three new shelters is necessary to provide shelter to individuals experiencing homelessness (a “temporary overflow homeless shelter use”) at 235 South Rio Grande subject to the provisions herein; WHEREAS, the Salt Lake City Council finds that authorizing additional space where a temporary overflow homeless shelter use is allowed encourages and further promotes responsible social distancing practices among the population experiencing homelessness, especially during the winter months when individuals tend to remain indoors for the significant portions of each day; WHEREAS, the Salt Lake City Council finds that protecting lives from the potentially deadly consequences of severe winter weather and providing responsible socially distant housing for the City’s unsheltered population during the pandemic constitutes a compelling, countervailing public interest which justifies a temporary land use regulation; WHEREAS, the City Council intends for this temporary ordinance to be effective only during the 2021-2022 winter season; WHEREAS, the City Council encourages the State, County, public interest groups, other cities, and community organizations to continue to work together with the City to proactively address the causes and effects of the myriad of social, economic, humanitarian, and public health crises that continue to increase the number of individuals experiencing homelessness and compound the efforts to address the needs of those experiencing homelessness; and WHEREAS, the City Council encourages other cities in the state to permit shelter locations in their community. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Finding of Compelling Countervailing Public Interest. Pursuant to Section 10-9a-504 of the Utah Code, the City Council finds that protecting lives from the potentially deadly consequences of severe winter weather and providing safe, socially distant housing for the City’s unsheltered population during the pandemic constitutes a compelling, countervailing public interest sufficient to justify these temporary land use regulations. SECTION 2. Location. These temporary land use regulations shall apply to the property located at approximately 235 South Rio Grande Street. SECTION 3. Uses Authorized. A temporary overflow homeless shelter use at the location identified in Section 2 above is hereby authorized subject to the conditions listed in Section 4. SECTION 4. Conditions. The temporary use of the location for an overflow shelter is authorized subject to the following: a. The structure to be used for temporary overflow homeless shelter use shall meet all building and fire code requirements for such use unless other reasonable means or methods are approved, in writing, by the Fire Marshal and the Chief Building Official. A decision on whether a plan for alternative means and methods under this section provides sufficient assurance for life safety protection shall be made in the sole discretion of the Building Official and Fire Marshall and shall not be appealable. b. The overnight occupancy, including supervisory staff, shall not exceed the occupancy limits identified in a temporary certificate of occupancy issued by the City. Such temporary certificate of occupancy must be issued prior to any overnight occupancy of the building. c. The temporary overflow homeless shelter use may operate only during the hours of 7:00PM and 6:30AM. d. Comply with the Security and Operations Plan attached hereto as “Exhibit A” and incorporated by reference. SECTION 5. Duration. This temporary zoning ordinance shall remain in effect until April 15, 2022 unless earlier amended, modified, or repealed. SECTION 6. Effective Date. This Ordinance shall take effect immediately after it has been published in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code §10-3-713. Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2021. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2021. Published: ______________. APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: _________________________________ By: ___________________________________ Hannah Vickery, Senior City Attorney By: ___________________________________ Paul Nielson, Senior City Attorney 10/18/2021 EXHIBIT A SECURITY AND OPERATIONS PLAN Cr. 09/20/21 ysa Salt Lake City Conditional Use Permit Application Weigand HRC - Winter Overflow Security & Operations Plan Background Summary Volunteers of America Utah (VOA) is a 501(c)(3) nonprofit organization that is seeking to operate a winter overnight overflow shelter at the Weigand Homeless Resource Center located at 235 S Rio Grande St., Salt Lake City UT 84101 from October 2021 to April 15th, 2022. VOA currently is the operator of the Geraldine E King Women’s Resource Center, which has been open since August of 2019. Our goal is to provide nightly winter overflow beds for individuals seeking a safe place to sleep for the night and to encourage and provide information about additional housing, shelter, and additional resources they may be seeking to resolve their homelessness. The Weigand Winter Overflow (WWO) shelter will have security staff during operating hours and will limit accommodations nightly to the maximum number of clients approved through the conditional use process (maximum number will be determined by the Fire Marshal but we hope to serve 60 individuals nightly). The winter overflow beds will be set up in the community space at the Weigand Homeless Resource Center, which has a clear line of sight for staff and security to monitor any activity. Rounds will be done by security staff in the areas by the client restrooms as they are not in the line of sight for staff and the area between the Weigand HRC and St. Vincent De Paul winter overflow. There are motion sensor lights between the Weigand HRC and St. Vincent De Paul’s buildings to improve safety. There will be an on-site shift supervisor and security from 6:30 pm to 7:00 am the next morning. There will be a dedicated phone line established to report any grievances, incidents, complaints, or comments. All potential clients will complete an intake and enrollment or check -in before acceptance at the WWO with a UCA or WWO staff. A client’s enrollment stays active until the client is absent from a specific shelter for 7 days or does an intake at a different shelter. If a client requested admission to a different shelter, they would first be disenrolled from the WWO site. If the client’s enrollment is active at the WWO, they would simply need to check in before entering. Occupancy Occupancy will be determined through the conditional use process with the Fire Marshal, but we are hoping to serve 60 individuals nightly. Operations Cr. 09/20/21 ysa Hours of Operation – 7:00 pm – 6:30 am, 7 days a week from October to April 15, 2022. We will have qualified and trained staff on-site. Monitoring of the interior and exterior of the property will be conducted by security staff. We will adhere to the maximum number of clients approved through the conditional use process. Only clients who have gone through the coordinated entry intake, enrollment, or check-in process for the WWO location will be permitted access into the facility during the hours of operatio n. Quiet hours will be enforced. Typically, lights-out will begin as soon as most bed enrollments have been completed. Lights inside the sleeping area will come on at 6 am daily. Delivery, Donations, and Trash Collection Times – Delivery and donations do not apply to this application. However, portable trash receptacles on the premises will be emptied daily and other receptacles will be emptied at a minimum of once per week or as needed. Advantage Services cleans the street in front of St. Vincents and on Rio Grande Street. Noise Impacts – Because the WWO program will be focused on being a safe place to sleep, the program will be operating as a quiet facility. Most individuals experiencing homeless do not have cars so additional traffic noise should be minimal. Security – The WWO program will have on-site security during operating hours. Qualified security personnel will be hired from a private security firm that requires and provides training that meets or exceeds all state-required training. Any criminal behavior on or around the property will be reported to law enforcement. No weapons or firearms are permitted in any homeless resource center. Attempts to bring weapons into the facility will result in an immediate denial of service. Drug and Alcohol Policies – The WWO would not require absolute sobriety as a condition for admittance, but has strict rules of behavior, which if violated, could result in denial of services. If clients are exhibiting symptoms and behavior that may indicate they need a higher level of care, we would call emergency services or other providers like detoxification services to refer the client. No client will be allowed to have alcohol or drugs in the WWO. If a resident has repeated instances of inappropriate behavior that jeopardizes the safe and communal atmosphere of the facility, a resident may be restricted from the program for a period of time but could seek shelter at another resource center or overflow. Client Intake Area – Clients for St. Vincents and the WWO overflows will be lined up in the courtyard at the Weigand HRC and through the gate to St. Vincents where they will go through the check-in or enrollment process. Loitering – The Weigand HRC courtyard will be closed and only those seeking shelter will be allowed in the queuing area in the courtyard and St. Vincent’s parking lot. Security will assist in engaging with people in the area to disperse or come into the courtyard if they are seeking shelter. The WWO will work closely with The Road Home, CCS, local businesses, and the police department to address any loitering issues that may arise due to overflow shelter. The Winter overflow operators will work with the Cr. 09/20/21 ysa neighborhood to address any loitering issues not addressed by the above policies. Camping on public or private property is illegal and all neighbors are encouraged to notify the police if they encounter this. Client Transportation – Advantage Services provides transportation between the Weigand HRC, St. Vincents and the other resource centers from 6:30 am to 11:30 pm. Parking – Limited on-site vehicle parking spaces are available for staff. Street parking is available for staff and clients. Employee Training – Employees will be required to complete a training program that includes instruction on WWO tasks, trauma-informed care and practices, and WWO policies and procedures to ensure employees are qualified to fulfill their job responsibilities and to promote awareness and sensitivity to cultural backgrounds and needs. Neighborhood Outreach and Methods for Communication – The WWO will work with the Road Home who operates St. Vincent De Paul’s winter overflow to have a staff representative attend the Downtown Community Council meeting which occurs every month on the 3rd Wednesday at 6:00 pm to answer questions and hear concerns. We will then work with leadership from our agencies to respond to these concerns. Complaint Response Community Relations Program There will be a designated phone number to call if the community has additional questions, complaints, or concerns about the WWO. A designated staff member will reach out to respond to these concerns in a timely manner. The WWO w ill keep a record of these complaints, when they were addressed and how they were responded to or resolved. HRC’s Responsibility as a Good Neighbor As part of VOA’s commitment to be a good neighbor, we are committed to working with law enforcement, local businesses, residents, and other stakeholders to address and prevent problems and be responsive to their concerns. Criminal behavior will not be tolerated on the property. If suspicious activities or complaints are reported to the WWO outside of the property of the program, security will contact law enforcement. As was stated in the previous section, there will be on-site security and staff present during the hours of operation, monitoring the property and conducting rounds. The courtyard area at the Weigand HRC will be closed but available to clients as a designated smoking area. In accordance with Chapter 9.28 of the Salt Lake City code, the WWO will comply with the following: a) The resource center will not create unnecessary or unusua lly loud noises at unusual times of the day or that is a detriment to the public health, comfort, convenience, safety, welfare, prosperity, and peace of the residents of the city. Cr. 09/20/21 ysa This will be enforced by the operator of the WWO and through the implementation of quiet hours starting at 10 pm and ending at 6 am on weekdays or 7 am on weekends. b) Sound levels will not exceed the standards for Salt Lake City. c) If a client or person associated with the WWO continuously creates or causes a noise disturbance, it is the responsibility of the WWO operator to mitigate the situation and take the appropriate steps to prevent continual noise disturbances.