062 of 2021 - Enacting Temporary Zoning Regulation - Overflow Homeless Shelter at 235 South Rio GrandeSALT 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;
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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
19th October
Amy Fowler (Oct 21, 2021 09:46 MDT)
Cindy Trishman (Oct 25, 2021 11:30 MDT)
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
By: ___________________________________
Paul Nielson, Senior City Attorney
62
Hannah Vickery (Oct 21, 2021 07:52 MDT)
Oct 21, 2021
Erin Mendenhall (Oct 24, 2021 13:36 MDT)
4
Cindy Trishman (Oct 25, 2021 11:30 MDT)
October 26, 2021
EXHIBIT A
SECURITY AND OPERATIONS PLAN
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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
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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 operation. 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
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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 will 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 unusually 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.
Ordinance 62 of 2021 - Enacting Temporary
Zoning Regulation - Overflow Homeless Shelter
at 235 South Rio Grande
Final Audit Report 2021-10-25
Created:2021-10-21
By:Thais Stewart (thais.stewart@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAFUxlDdcDGU8_slid5_nzot_nb12uXYK5
"Ordinance 62 of 2021 - Enacting Temporary Zoning Regulation
- Overflow Homeless Shelter at 235 South Rio Grande" History
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Agreement completed.
2021-10-25 - 5:30:21 PM GMT