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Proposed Ordinance - 4/15/2024SALT LAKE CITY ORDINANCE No. ____ of 2024 (An Ordinance Enacting Temporary Zoning Regulations Authorizing a Temporary Overnight Shelter at the St. Vincent de Paul Center located at 437 West 200 South) 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 13, 2014, the Salt Lake City Planning Commission granted a conditional use permit to The Road Home to operate an approximately 65-bed winter homeless resource center at 437 West 200 South (the “HRC”); and WHEREAS, despite the efforts at various levels of government, the number of individuals experiencing homelessness and the challenge addressing the needs of those individuals has been compounded by the economic, humanitarian, and other various rising social crises; and WHEREAS, that until additional homeless resource centers are opened (or permanent housing is made available) there should be flexibility in temporarily extending the period in which the HRC can provide overnight shelter services; and WHEREAS, the City is committed to ensuring that individuals experiencing homelessness have access to shelter; and WHEREAS, extending the period during which an existing shelter can provide overnight accommodations, as opposed to siting an additional shelter, imposes a lesser impact on the community as a whole; and 2 WHEREAS, the State of Utah is in the process of siting a permanent homeless resource campus but additional time is needed in order to locate and prepare the location, and during such period it is in the best interests of the city to allow additional capacity at existing homeless resource centers; and WHEREAS, the Salt Lake City Council desires to allow for a period of 180 days, continued overnight sleeping accommodations at the HRC on an emergency basis, subject to the provisions herein; and WHEREAS, the Salt Lake City Council finds that providing housing for the City’s unsheltered pending the creation of a larger state run facility 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 WHEREAS, the Salt Lake City Council encourages other cities in Utah to permit new and expand existing 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 temporarily extending the 3 period in which the HRC can provide overnight shelter services, pending the creation of a larger state-run facility, to help ensure that individuals experiencing homelessness have access to shelter 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 437 West 200 South, which is already operating as a winter homeless resource center for the period between October 1 and April 15 each year. SECTION 3. Uses Authorized. The HRC continuing to provide overnight homeless shelter accommodations beyond April 15th, and at the current level of occupancy, is hereby authorized subject to the conditions listed in Section 4. SECTION 4. Conditions. Allowing the HRC to continue providing overnight shelter beyond April 15th, at the existing level of occupancy, is authorized subject to the following: a. The HRC 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. b. Catholic Community Services, 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. 4 c. All other conditions not expressly superseded by this temporary land use regulation set forth in the conditional use permit issued to the HRC on or about August 13, 2014 remain in full force and effect.   SECTION 5. Duration. This 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 Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2024. Published: ______________. SVDP TLUR 4.12.2024 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: _________________________________ By: ___________________________________ Katherine Pasker, Senior City Attorney April 12, 2024