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068 of 2021 - Enacting Temporary Zoning Regulation - Overflow Homeless Shelter at 1659 West North Temple StreetSALT LAKE CITY ORDINANCE No. _68_ of 2021 (An Ordinance Enacting Temporary Zoning Regulations Authorizing Temporary Overflow Homeless Shelter Use at 1659 West North Temple Street) 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, 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; and 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; and 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; and WHEREAS, homelessness is not an issue to be addressed only by those municipalities where shelters are currently located; and WHEREAS, the City is hopeful that other local governments in the Salt Lake Valley and surrounding areas will acknowledge that all jurisdictions have an obligation to shelter those who are experiencing homelessness and will do their part to achieve solutions to the challenges presented by homelessness; and WHEREAS, the City finds that it is critical for the State to increase funding for mitigation of homelessness-related impacts and urges the State to do so, potentially from a source other than the centralized mitigations funds; and WHEREAS, assistance from other jurisdictions’ law enforcement agencies such as the Utah Highway Patrol and the Salt Lake County Sheriff/Unified Police District to patrol the area near the proposed temporary overflow homeless shelter would help to alleviate the burden on Salt Lake City Police Department resources, in light of the issue’s regional significance; and WHEREAS, before the effective date of this ordinance, the operator of the proposed temporary overflow homeless shelter (“Operator”) located at 1659 West North Temple Street (“Property”) will provide a commitment to the City that, by mid-March, Operator will forward a plan to the appropriate State entities to request funding to shelter persons experiencing homelessness during winter 2022 that does not include emergency overflow shelter in Salt Lake City; and WHEREAS, the City is committed to ensuring that persons experiencing homelessness have access to shelter during these 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, 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; and WHEREAS, the City Council desires to allow: for a period not to extend past April 15, 2022, overnight sleeping accommodations at 1659 West North Temple Street 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”), subject to the provisions herein; and 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; and 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; and WHEREAS, the Salt Lake City Council intends for this temporary ordinance to be effective only during the 2021-2022 winter season and only until April 15, 2022; 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 shelter locations in their communities; and WHEREAS, the Salt Lake City Council understands the County, State, Service Providers and other stakeholders are currently working on plan to identify potential locations in Salt Lake Valley for a permanent overflow facility, Salt Lake City encourages stakeholder to diligently work to have this plan be fully funded and implemented in time for next winter; and WHEREAS, the Operator and Community Stakeholders have committed to applying for funding to pay the additional costs the City will incur due to the increased police patrols that will be needed in the area to maintain public safety; and WHEREAS other governmental entities are being encouraged to provide support in the form of funds or staffing to assist with public safety. 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 1659 West North Temple Street which is currently operated as a motel. 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/or 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/or Fire Marshall and shall not be appealable. b. The Provider will maintain a staff to client ratio of about 1 staff to 25 clients during daily periods of peak activity, always ensuring compliance with minimums set forth in state licensing code. Overflow operator will notify the city when staffing levels may drop below approved ratios and provide plans to maintain safety and security until levels can be regained. Security guards may not be counted as part of this staffing ratio. c. The overnight occupancy, including supervisory staff, shall not exceed the occupancy limits identified in a temporary certificate of occupancy issued by the City, but in no case shall the number of overnight occupants exceed 250 individuals, excluding staff. In cases where, due to extreme weather and lack of available beds in the emergency system, the Operator may increase the number of sleeping accommodations in predetermined spaces in the facility overnight up to the maximum occupancy allowed by the Fire Marshal. Operator must report the use of additional spaces to Salt Lake City Mayor’s Office, the Salt Lake City Council Office, and City’s Chief Building Official within 24 hours of the Operator utilizing the additional sleeping accommodations. Such temporary certificate of occupancy must be issued prior to any overnight occupancy of the building. d. Operator shall submit a security and operations plan that meets the requirements set forth in Subsection 21A.36.350.A.2 of the Salt Lake City Code. In addition to the requirements in that subsection, the security and operations plan shall address the impacts of the proposed temporary overflow homeless shelter for up to ¼ mile from the Property, and identify actions to mitigate those impacts including, but not limited to: i. Employing two to three security personnel 24 hours per day, 7 days per week to regularly patrol the premises of the Property; ii. Coordinating with law enforcement agencies to patrol public areas within a ¼ mile radius of the facility; iii. Documenting security patrols, which shall demonstrate an increase in the current level of service; and iv. Communicating with the Salt Lake City Police Department frequently including coordinating with the SLCPD’s use of CompStat information to ensure public nuisance issues are mitigated. e. Operator shall obtain or prepare a CPTED review of the Property. f. Operator shall obtain or prepare a fire structural review for long term residents. g. The temporary overflow homeless shelter shall ensure that fencing is installed on the Property to provide controlled access to areas where patrons of the temporary shelter will stay. Installed fencing may be up to 6 feet tall in all areas of the Property during the period that this temporary land use is in effect, but any fencing that exceeds allowable fence heights or otherwise do not comply with the requirements set forth in Salt Lake City Code Section 21A.40.120 shall be removed on April 15, 2022. h. The Operator shall require all patrons of the temporary overflow homeless shelter to check in and check out and maintain an accurate log of those staying at the facility. i. The Operator shall require all visitors to patrons of the temporary overflow homeless shelter to register with the main officer when entering and existing the facility and are subject to possession being searched. j. The Operator will provide two to three meals per day to residents of the facility. k. The Operator will provide onsite laundry services for clients of the facility. l. The Operator will provide a shuttle to help transport clients to other services and providers they need to visit. m. Operator shall not receive a temporary certificate of occupancy until the fencing described herein is installed and a security and operations plan described above is approved in accordance with Salt Lake City Code Section 21A.36.350. 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 __16th__ day of __November_, 2021. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2021. Published: ______________. TLUR overflow shelter Ramada 11.16.2021 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: _________________________________ By: ___________________________________ Paul Nielson, Senior City Attorney 68 Paul Nielson (Nov 18, 2021 09:31 MST) Nov 18, 2021 Amy Fowler (Nov 30, 2021 11:43 MST) Nov 30, 2021 rachel otto (Nov 30, 2021 12:03 MST) 4 Cindy Trishman (Dec 6, 2021 09:43 MST) Cindy Trishman (Dec 6, 2021 09:43 MST) Ordinance 68 of 2021 - Enacting Temporary Zoning Regulation - Overflow Homeless Shelter at 1659 West North Temple Street Final Audit Report 2021-12-06 Created:2021-11-18 By:Thais Stewart (thais.stewart@slcgov.com) Status:Signed Transaction ID:CBJCHBCAABAA8CODN7vHyzfJeK8UuyEZFkX7JPNJwHTK "Ordinance 68 of 2021 - Enacting Temporary Zoning Regulation - Overflow Homeless Shelter at 1659 West North Temple Street" History Document created by Thais Stewart (thais.stewart@slcgov.com) 2021-11-18 - 4:27:25 PM GMT Document emailed to Paul Nielson (paul.nielson@slcgov.com) for signature 2021-11-18 - 4:29:32 PM GMT Email viewed by Paul Nielson (paul.nielson@slcgov.com) 2021-11-18 - 4:31:00 PM GMT Document e-signed by Paul Nielson (paul.nielson@slcgov.com) Signature Date: 2021-11-18 - 4:31:11 PM GMT - Time Source: server Document emailed to Amy Fowler (amy.fowler@slcgov.com) for signature 2021-11-18 - 4:31:13 PM GMT Email viewed by Amy Fowler (amy.fowler@slcgov.com) 2021-11-18 - 7:45:01 PM GMT Email viewed by Amy Fowler (amy.fowler@slcgov.com) 2021-11-30 - 6:43:30 PM GMT Document e-signed by Amy Fowler (amy.fowler@slcgov.com) Signature Date: 2021-11-30 - 6:43:37 PM GMT - Time Source: server Document emailed to Erin Mendenhall (erin.mendenhall@slcgov.com) for signature 2021-11-30 - 6:43:39 PM GMT Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com) 2021-11-30 - 6:49:19 PM GMT Thais Stewart (thais.stewart@slcgov.com) replaced signer Erin Mendenhall (erin.mendenhall@slcgov.com) with rachel otto (Rachel.Otto@slcgov.com) 2021-11-30 - 6:49:30 PM GMT Document emailed to rachel otto (Rachel.Otto@slcgov.com) for signature 2021-11-30 - 6:49:31 PM GMT Email viewed by rachel otto (Rachel.Otto@slcgov.com) 2021-11-30 - 7:03:10 PM GMT Document e-signed by rachel otto (Rachel.Otto@slcgov.com) Signature Date: 2021-11-30 - 7:03:29 PM GMT - Time Source: server Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature 2021-11-30 - 7:03:30 PM GMT Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com) Signature Date: 2021-12-06 - 4:43:24 PM GMT - Time Source: server Agreement completed. 2021-12-06 - 4:43:24 PM GMT