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Proposed Ordinance - 4/11/2023SALT LAKE CITY ORDINANCE No. ____ of 2023 (An Ordinance Extending Temporary Zoning Regulations Authorizing Temporary Increase in Overnight Capacity at the Youth Homeless Resource Center at 888 S 400 W) 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; and WHEREAS, on August 27, 2014, the Salt Lake City Planning Commission granted a conditional use permit to Volunteers of America to operate a thirty bed homeless youth shelter at 888 S 400 W (the “Shelter”); and WHEREAS, since 2014 the population of Salt Lake City has significantly increased, without a commensurate increase in the census for shelter space for homeless youth; and WHEREAS, despite the efforts at various levels of government, the number of youth experiencing homelessness and the efforts to address the needs of those youth experiencing homelessness has been compounded by the economic, humanitarian, and other various rising social crises; and WHEREAS, on March 24, 2022, Governor Spencer Cox signed legislation (codified at Section 35A-16-502) recognizing the need to allow overflow of homeless shelters during targeted overflow periods; and WHEREAS, the City concludes that until additional homeless youth resource centers are opened (or permanent housing is made available) there should be flexibility in temporarily increasing the overnight capacity at the Shelter; and 2 WHEREAS, the City is committed to ensuring that youth experiencing homelessness have access to shelter during the winter months when cold temperatures are often extreme during the night in the Salt Lake Valley; and 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 and other nearby communities; and WHEREAS, this temporary land use regulation is the necessary means to address the critical need for sheltering youth during imminent extreme weather conditions due to the delay in expanding the Shelter’s overnight capacity through other procedures set forth in City Code; and WHEREAS, increasing the overnight capacity at an existing shelter, as opposed to siting an additional shelter, imposes an lesser impact on the community as a whole; and WHEREAS, the City Council desires to allow for a period not to extend past April 15, 2023, no more than twenty additional overnight sleeping accommodations for youth less than twenty three years old at the Shelter on an emergency basis to provide shelter to youth experiencing homelessness (a “temporary overflow homeless shelter use”), subject to the provisions herein; and WHEREAS, the Salt Lake City Council finds that protecting lives from the potentially deadly consequences of severe winter weather and providing housing for the City’s unsheltered youth during the school year constitutes a compelling, countervailing public interest which justifies a temporary land use regulation; and WHEREAS, the Salt Lake City Council adopted Ordinance No. 76 of 2022 on November 22, 2022 increasing overnight capacity at the Shelter effective only during the 2022-2023 winter season and only until April 15, 2023; and 3 WHEREAS, the since December 2022, the State of Utah has experienced historic, record- breaking snowfall and cold temperatures and these extreme weather conditions have extended into April, impacting individuals experiencing homeless and straining capacity at homeless resource centers, including the Shelter; and WHEREAS, the Salt Lake 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 Salt Lake City Council encourages other cities in Utah to permit youth shelter locations in their communities. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Extending Ordinance No. 76 of 2022. The temporary zoning ordinance adopted under Section 10-9a-504 of the Utah Code shall be extended and shall remain in effect until May 1, 2023 unless earlier amended, modified, or repealed. All other terms of Ordinance No. 76 of 2022 shall remain in effect for the duration of the temporary zoning ordinance. 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. 4 Passed by the City Council of Salt Lake City, Utah this 11 th day of April, 2023. ______________________________ Darin Mano, Council Chair ATTEST: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2023. Published: ______________. APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: _________________________________ By: ___________________________________ Katherine Lewis, City Attorney April 6, 2023