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Proposed Ordinance - 4/15/2024SALT LAKE CITY ORDINANCE No. ____ of 2024 (An Ordinance Enacting 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 a 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, in 2022 there was a 30% rise in homelessness among families with children and in June 2023 alone there were 297 unaccompanied homeless youth; and WHEREAS, with these increases in homelessness among youth there has not been a commensurate increase in the shelter space available 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, 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 WHEREAS, the City is committed to ensuring that youth experiencing homelessness have access to shelter; and 2 WHEREAS, increasing the overnight capacity at an existing shelter, as opposed to siting an additional shelter, imposes a lesser impact on the community as a whole; and WHEREAS, the Shelter has submitted and is in the process of pursuing an amendment to its conditional use permit to increase the number of beds it can provide, but the application is currently being processed by the relevant city departments and will require additional analysis before it can be considered by city land use authorities; and WHEREAS, the Salt Lake City Council desires to allow for a period of 180 days, 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 providing housing for the City’s unsheltered youth pending consideration of an amendment to the Shelter’s conditional use permit 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 until 180 days after the effective date of this ordinance; 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 3 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. Finding of Compelling Countervailing Public Interest. Pursuant to Section 10-9a-504 of the Utah Code, the Salt Lake City Council finds that providing safe housing for the City’s unsheltered youth pending consideration of the conditional use permit amendment to permit the increased number of beds constitutes a compelling, countervailing public interest sufficient to justify this temporary land use regulation.   SECTION 2. Location. This temporary land use regulation shall apply to the property located at 888 S 400 W, which is already operating as a youth homeless shelter.   SECTION 3. Uses Authorized. Increasing the overnight capacity from thirty beds to fifty beds for homeless youth less than twenty three years old at the location identified in Section 2 above is hereby authorized subject to the conditions listed in Section 4.   SECTION 4. Conditions. The temporary increase in the number of beds at the Shelter is authorized subject to the following: a. The Shelter 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 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 Marshal and shall not be appealable. 4 b. Volunteers of America, as the operator, will maintain a staff to client ratio in compliance with minimums set forth in state licensing code. 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 fifty individuals, excluding staff. Such temporary certificate of occupancy must be issued prior to any increase in overnight occupancy of the Shelter pursuant to this Ordinance. d. All other conditions not expressly superseded by this temporary land use regulation set forth in the conditional use permit issued to the Shelter on August 27, 2014 remain in full force and effect.   SECTION 5. Duration. This temporary zoning ordinance shall remain in effect until 180 days after its effective date unless earlier amended, modified, or repealed.   SECTION 6. Effective Date. After publication, this Ordinance shall take effect on May 1, 2024. Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2024. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER 5 Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2024. Published: ______________. VOA TLUR 4.12.2024 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: _________________________________ By: ___________________________________ Katherine Pasker, Senior City Attorney April 12, 2024