HomeMy WebLinkAboutItem 7: Homelessness Project Siting Discussion Follow-UpECC
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Work Session: Homelessness Project Siting Discussion Follow-Up
Meeting Date: December 10th, 2012 Agenda Item Number: 7
Department: Planning & Development Staff Contact: Michael Wisth
www.eugene-or.gov Contact Telephone Number: 541-682-5540
ISSUE STATEMENT
The City Council is considering the possibility of implementing a pilot project of small scale,
temporary housing for the homeless on City-owned property. On October 31, the council directed
staff to develop a revised list of sites based on ownership, size and infrastructure criteria. A more
thorough analysis of five sites was distributed in the November 15, 2012 packet. The analysis
outlined potential state and local land use, building code and fire safety issues for such a project.
This work session is an opportunity for the City Council to discuss the site analysis and next steps
in considering a pilot project of small scale, temporary housing for the homeless.
BACKGROUND
Following the commencement of the Opportunity Eugene Task Force, the council began a
conversation exploring possibilities of developing a safe and secure place for homeless people in
addition to existing services. Over the course of several meetings related specifically to this topic,
the council directed staff to prepare an informational list of City-owned sites that met the
following criteria:
one acre or greater in size
Within ¼ mile of transit service
Excludes parks
On October 31, 2012, City staff met with the council to discuss the analysis leading to a list of sites
for a potential pilot project for homeless individuals. Staff produced an analysis that listed six
sites meeting criteria established by the council. The council asked staff to continue analysis of
five of these sites for a more detailed analysis of regulatory and safety issues. Following that
meeting, staff provided the council a memo outlining state and local land use regulation, building
code and fire safety issues related to an as yet undefined homelessness project site concept.
On November 21, in recognition that the pilot project would not provide immediate winter
solutions, the council approved $225,000 of one-time funding to bolster existing services in
advance of the winter season.
S:\CMO\2012 Council Agendas\M121210\S1212107.doc
This work session presents an opportunity for the council to further the discussion regarding the
selection of a City-owned site and addressing potential land use, building code and fire safety
issues. Staff with expertise in these areas will be available during the work session to answer
questions related to these issues.
This work session also presents an opportunity to continue discussions related to the site concept
and explore other site-related issues. Some questions the council may wish to consider include:
1.Should the council hold a public hearing/forum or other City-sponsored neighborhood
outreach on (a) whether the City should move forward with a pilot project for a small scale,
temporary housing project for homeless individuals on a City-owned site, and if so, (b) one
or more of the City-owned sites on the list of five sites? [If the answer to this question is
yes, staff will schedule a public hearing/forum in January.]
2.Is there additional information (beyond potentially hearing from the public) that the
council wants before deciding whether the City should move forward with the pilot project
or a particular site? If so, what is that information?
3.If the council does not want to hold a public hearing/forum and does not need additional
information, does the council want to move forward with a pilot project?
If the answer to question 3 is yes, then:
4.On which site should the pilot project be located?
5.Should staff develop for council review an RFP to solicit proposals from interested parties,
in addition to the OVE proposal, or alternatively, does the council want to select OVE and its
idea for the pilot project?
6.Should staff develop for council review an RFP to solicit proposals from interested parties,
in addition to the OVE proposal, or alternatively, does the council want to select OVE and its
idea for the pilot project?
COUNCIL OPTIONS
The council has a number of options to consider and the suggested questions are intended to help
frame the conversation and develop a preferred option. The options and City Manager’s
recommendation are developed based on two possible scenarios:
1.The council has adequate information and is prepared to move forward with a pilot project
on a preferred site(s); or
2.The council needs more information to determine whether to proceed with the pilot
project and what site(s) should be selected.
S:\CMO\2012 Council Agendas\M121210\S1212107.doc
CITY MANAGER’S RECOMMENDATION
Under scenario 1: Adopt a motion selecting one or two preferred sites and direct staff to return
in January with (a) additional site information (if council chooses more than one preferred site),
and (b) proposed criteria and process (such as an RFP) in order to implement the project.
Under scenario 2: Identify additional information and/or process that the council needs (in
order to make the decisions), and staff will return in January with the additional information.
ATTACHMENTS
A. Site Analysis Memo to Council November 15, 2012
FOR MORE INFORMATION
Staff Contact: Michael Wisth
Telephone: 541-682-5540
Staff E-Mail: michael.c.wisth@ci.eugene.or.us
S:\CMO\2012 Council Agendas\M121210\S1212107.doc
ATTACHMENT A
Public Works
Engineering
M
City of Eugene
EMORANDUM
99 E. Broadway, Suite 400
Eugene, Oregon 97401
(541) 682-5291
(541) 682-5032 FAX
Date: November 15, 2012
To: Mayor Piercy and City Council
From: Peggy Keppler, PWE
Subject: Potential Sites (map attached) for Temporary Transitional Housing Shelters
I. Council Motion
The following information is being provided in response to the two motions made by Councilor
Brown at the October 17, 2012 meeting.
Motion 1 to direct the City Manager to return on Oct. 31 with a list of potential sites that could
be leased to a non-profit to establish a pilot project for temporary transitional housing shelters
for approximately 30 adults and their accompanying children. With exception of Park
properties, the list should include City- controlled properties that are 1 acre or larger.
The list should:
Indicate if there are buildings onsite that could be utilized.
Indicate access to public transportation and bike paths.
Indicate whether the site has utilities or not.
Include properties that are underutilized and not routinely used for
community events.
Motion 2 to direct the City Manager to return on Oct. 31 with an explanation of the legal
requirements for establishing a pilot program for unhoused families with children as referenced
in Motion 1. The information should address state and local ordinances, codes, zoning laws and
all other legal requirements.
Council also directed staff to provide additional information on the following five potential sites for
temporary transitional housing shelters.
Location and Background
Site Map/Lot Background Environmental Risks
No.
1 1703284001000 While identified as right of way This site is also located in
Commons (proposed roadway), the site is used by FEMA Flood Hazard Zone X5¹
Drive & S. EWEB. There are no structures or utility
Garden Way services on site.
Potential Sites for Temporary Transitional Housing SheltersPage 1
2 1703284000400 While identified as right of way This site is partially located in
Near Commons (proposed roadway), the site is used by FEMA Flood Hazard Zone X5¹
Drive & S. EWEB. There are no structures or utility
Garden Way services on site.
3 1703283001600 This site is listed under joint ownership This site is located in FEMA
is EWEB & City and identified for Flood Hazard Zone X5¹ and
2
Water Pipeline Use. No structures exist AE And, some areas have 20’
on the site, but it is heavily covered with and 40’ protected water quality
overhead electric lines. setbacks requirements.
4 1704253000200 This site was purchased for $1,221,925 This site is not identified as a
111 N. Garfield in 2002. The master plan for PW DEQ Clean-up Site, but
Maintenance identifies this area for several properties around it are
future Fleet Facilities The site was identified.
previously improved as a Mobile Home
Park with 33 spaces. Following Also, the site has 3000 sq.ft.
acquisition, the city spent $75,000 leased for cell tower use.
clearing and preparing the site for the
future maintenance expansion. The on-
site utility services were also removed.
It is currently fenced and being used as
storage, overflow parking, and training
purposes.
5 1704364210400 This site was purchased in 1946 for This site is identified as a DEQ
th
13 Ave. & $25,000. The Envision Eugene Clean-up site and requires
Chambers St. recommendation includes re-designating additional investigation
this site to multi-family housing for a
future affordable housing development.
1
Areas of 500-year flood, areas of 100-year flood with average depths of less than 1 foot or with drainage areas less than 1
square mile, and areas protected by levees from 100-year flood.
2
Areas of 100-year flood, base flood elevations determined.
II. Potential Risks & Liability
A question was asked about the City’s potential liability for temporary transitional housing shelters
operated on City property. While specifics regarding potential City liability will depend on the
particulars of a site and the nature of the shelter operations, the question of potential liability can be
broken down into three different categories; before shelter establishment, during shelter operations,
and after shelter disbandment.
Before the shelter is established, if land use actions are taken to establish the shelter, the City’s
actions could be appealed to the Land Use Board of Appeals; the liability to the City would be the
cost to defend its actions. Even if land use actions are unnecessary for shelter establishment,
someone could challenge the City’s action of establishing the shelter through a circuit court action,
creating a similar liability to the City of defense costs.
During shelter operations, the City is potentially liable for code violations (such as building code or
fire code violations), behaviors at the shelter that result in personal injuries or property damage, and
damages or costs related to violations of state statutes such as state environmental laws (for
example, if someone undertakes car repair and spills or dumps car oil into the environment). While
the extent of the City’s potential liability will depend on the nature of the claim, in order to protect
the City against this legal risk, the City could require the operator of the shelter to obtain an
Potential Sites for Temporary Transitional Housing SheltersPage 2
insurance policy in an amount sufficient to protect the City against anything occurring at the site.
Lastly, if/when the shelter is disbanded, the City could be liable for cleaning up the site. Depending
on how the shelter operated, site cleanup could be a small or a substantial liability. To protect the
City against this possibility, the City could require the shelter operator to provide the City with a
type of performance-bond/security to insure that site is properly cleaned up after shelter
disbandment.
III. Land Use Approval and Public Process
The broad purpose of zoning regulations is to protect and promote the public health, safety and
welfare, and to provide the economic, social and environmental advantages which result from an
orderly, planned use of land resources. Zoning’s origins result from a need to prevent unsafe uses
next to each other, such as a heavy industrial use abutting a residential use. Land in Eugene is zoned
to provide areas suitable for certain types of development. Each zone provides a set of regulations
governing the uses, lot size, building setbacks, height and other development regulations in order to
ensure the use is suitable for the site. Zoning regulations are provided in Chapter 9 (Land Use
Code) of the city’s Municipal Code.
Transitional housing for the homeless as stated in the Council motion could take different forms.
The options generally range from housing within existing or new buildings and including other
supportive activities to simply a group camping site (tents or vehicles). Options for both ends of the
spectrum are analyzed regarding which broad zoning categories allow the proposed use.
A.Allowance of Transitional Housing within the Land Use Code
Existing Land Use Requirements
Transitional housing for the homeless, with existing or new buildings, may be accommodated in
certain zones in accordance with the Chapter 9 definition of a “Homeless Shelter,” which states:
“Homeless Shelter”: A non-profit or public agency providing food, temporary housing,
clothing and other support services primarily for adult, transitory individuals.
Zoning and Zoning Requirements
Site Base Zone Overlay Zone Zone Requirements for
No. Siting Homeless Shelter
1 S-CN/PL Chase Node - Conditional Use Permit
Special Area Zone, Public
Land Subarea
2 S-CN/PL Chase Node WQ, Water Conditional Use Permit
Special Area Zone, Public Quality Use of the site is restricted within water
Land Subarea quality buffer area
3 S-CN/PL Chase Node WQ, WR Conditional Use Permit
Special Area Zone, Public Water Quality, Use of the site is restricted within water
Land Subarea Use Water quality and water resource buffer areas
Resources
4 I-3, Heavy Industrial - Conditional Use Permit
5 PL, Public Land - Conditional Use Permit likely required; a
portion of the site is within 300' of
Potential Sites for Temporary Transitional Housing SheltersPage 3
residentially zoned land.
Potential Sites for Temporary Transitional Housing SheltersPage 4
Public Process for Conditional Use Permits
For all five sites, a conditional use permit is required for a homeless shelter; the application process
for a conditional use permit trigger several opportunities for public input and review of applicable
development requirements.
Prior to the submittal of conditional use permits, a pre-application conference between the
applicant and neighborhood is required. Notification of the meeting must be sent to all
properties within 300’ of the subject property. The applicant shall provide a site plan of their
proposal for the meeting.
Excluding the time for which the application materials are prepared, a conditional use
3
permit typically takes 4-6 months to process, including any appeal. The process includes:
A public hearing with a Hearings Official
o
Notification of the hearing to those within 300’ of the subject property
o
The decision is appealable to the Planning Commission
o
A public hearing with the Planning Commission if appealed
o
Deliberation and action by the Planning Commission (final decision)
o
An enforceable performance agreement, signed by the applicant and the city, assurance
o
construction and performance in accordance with the approved final plans.
3
This estimate is for the land use application process timeframe only; a building permit may still be needed
and add additional time.
Conditional use permits include several approval criteria that address special considerations
such as the effect a use might have on adjoining land and the operating characteristics of the
use. The approval criteria cover such areas as:
Compatible location, size, design, and operating characteristics
o
Convenient and functional living, working, shopping or civic environment
o
Adequate and safe circulation
o
Impacts to natural resources
o
Adequate public facilities and services (such as utilities and streets)
o
Risk to public health and safety
o
Other applicable development standards
o
Amend Land Use Requirements for Transitional Housing Shelters
Alternatively, the Council may choose to amend the land use code to address this specific use
through a set of specialized provisions that better reflect the unique elements of a transitional
housing proposal. This could include the specific development standards, allowed uses/activities
and required public process for review of the project. For example, the conditional use permit
process identified above does not afford the city council any input on the application. This option
would allow the council to determine the appropriate decision authority. This option would require
amending the land use code to establish these new provisions. A land use code amendment would
take a minimum of 4 months. This would include a public hearing before the Planning Commission
as well as a action/recommendation to the City Council. City Council would then hold its own
public hearing followed by action on the proposed ordinance. Additional review time needed
would be dependent on the type of new process that is established by the Council.
Potential Sites for Temporary Transitional Housing SheltersPage 5
B.Allowance of Group Camping for Transitional Housing in the Permitted Overnight
Sleeping Ordinance
Existing Overnight Sleeping Requirements
Another option may be relevant if the use was limited to group camping rather than a more
comprehensive transitional housing use. Currently no large, group overnight sleeping is permitted at
4
this time in the zoning code or in the Permitted Overnight Sleeping section of Chapter 6. The table
below indicates the existing limitations in the Permitted Overnight Sleeping section. However, the
Permitted Overnight Sleeping section could be amended to allow group camping for this purpose.
Following are the existing requirements for overnight sleeping (camping).
Existing Code Requirements for Overnight Sleeping
Zoning Siting requirements Limit on number of sleeping
Any Parking lot of a: 5
3 vehicles at one time
religious institution,
place of worship,
business or public entity that owns
or leases property
Any Paved or graveled surface located on a 5
3 vehicles at one time
vacant or unoccupied parcel
Residential Back yard or driveway of a single 1 family in a vehicle, camper or
family residence trailer. 1 tent or camping shelter
in the backyard only
4
Camping is permitted as lodging in the Park, Recreation & Open Space zone but only when directly related to a special
event.
5
In these instances, overnight sleeping is permitted in a vehicle, camper or trailer. Overnight sleeping is also permitted in a
tent until April 15, 2012.
Amend Permitted Overnight Sleeping Requirements
Allowing larger groups of vehicle or tent camping would require an amendment by ordinance to the
Permitted Overnight Sleeping Ordinance in Chapter 4. Per the Eugene Charter, the ordinance
adoption process includes a public hearing and notification to the public through posting a
notification on the City website and in the newspaper.
IV. Buildings/Structures Approval
The State of Oregon adopts building codes to safeguard the health, safety and general welfare of
occupants and users of buildings and other structures. The codes establish minimum standards of
construction to ensure safety to life and property from fire and other hazards associated with the
built environment, and to provide for adequate structural strength, healthy interior environment,
sanitation, energy conservation and accessibility. No particular class or group of persons benefits
any more or less from the provisions of the codes, all are provided equal protections. The Oregon
building codes are adopted for uniform application across the state, and the City administers the
codes within the city limits and UGB.
Existing buildings on the sites
With one exception, there are no existing buildings located on the identified sites.
Potential Sites for Temporary Transitional Housing SheltersPage 6
The N Garfield site has an existing building that was previously approved to be used for storage. It
could be used as a storage building for the residents of a transitional housing facility with no need
for additional approvals. There may be some potential for the building to be altered to include
shared toilet, shower, laundry or cooking facilities, offices, or a small meeting space. Any such
alteration would have to comply with applicable building code requirements and be done with
permits. Use of the building for housing/sleeping would require significant alterations and expense,
most notably for the installation of a fire sprinkler system, construction of physical fire-resistive
separations between sleeping areas to prevent the spread of fire, and installation of thermal
insulation.
Building code requirements for new construction
New buildings could potentially be constructed on any of the sites to be used for transitional
housing accommodations. However, conditions on sites #2 (1703284000400) and #4
(1703283001600) may make construction more challenging and costly. Both sites 2 and 4 have
inadequate water available (hydrants) for firefighting, and limited or no access currently for fire and
EMS vehicles. See Emergency Services comments below. Site 4 is located within the 100-year
flood area, and buildings constructed there would be required to be elevated above flood levels or
otherwise designed to resist damage from flooding.
The Oregon state specialty codes and the fire code (i.e., “Building Codes”) regulate construction of
structures on public or private property. All structures built to provide housing and all
associated/shared structures, whether the structures are temporary or permanent, must comply with
the Building Codes. The Building Official has some local administrative authority to allow
alternate methods of construction that may be appropriate for transitional housing accommodations
but are not specifically prescribed in the codes, provided that safety is maintained and the intent of
the codes are met. As an example, the building code prescriptively requires that buildings be
secured to a foundation or otherwise anchored to prevent movement. However, it may be possible
to administratively allow portable or moveable transitional housing structures if they have no
connections to utilities, are structurally sound, and could experience some lateral movement without
causing any damage or hazard.
The Building Codes that would typically apply to the construction of residential structures and
associated shared facilities may not provide the flexibility that is needed to construct the desired
temporary transitional housing shelters. There is a state statute specifically governing the
construction of transitional housing accommodations that offers some flexibility regarding
application of the Building Codes.
Pursuant to ORS 446.265, a municipality can allow someone to establish (subject to certain
limitations and requirements) transitional housing accommodations for persons “who lack
permanent shelter and cannot be placed in other low income housing.” In accordance with this
state statute, the transitional housing accommodations may consist of separate facilities for use as
living units by one or more individuals or by families and may provide access to water, toilet,
shower, laundry, cooking telephone or other services through separate or shared facilities. State
statute requires that the accommodations provide parking facilities and walkways. If transitional
housing accommodations and associated facilities are provided pursuant to ORS 446.265, some of
Potential Sites for Temporary Transitional Housing SheltersPage 7
the residential building code requirements are relaxed for individual living units. For example,
instead of constructing traditional living units, if proceeding under ORS 446.265 for the provision
of transitional housing, the individual living units could be yurts or similar structures.
V.
Emergency Services Access and Water Supply
General Eugene Fire Code (EFC) Requirements
EFC 503.1.1 requires that an approved fire apparatus access road be provided to within 150’ of all
portions of a building or facility. This would require an access road to within 150’ of all portions of
the shelter.
Facility is defined as: “A building or use in a fixed location… This term includes recreational
vehicles, mobile home and manufactured housing parks, sales and storage lots.”
An approved fire apparatus access road is:
Min. 20’ wide, 13’6” clear height, with 30’/50’ turning radii
An all-weather driving surface capable of supporting an 80,000 lb vehicle; compacted
gravel can meet this requirement.
Dead ends more than 150’ in length need to be provided with an approved turnaround.
EFC D107.1 requires 2 separate access roads when there are more than 30 dwelling units. For a
camp each sleep site would be considered a dwelling unit. Although not required for a shelter of 30
or less spaces, a second means of fire access is recommended. The second means of access could be
provided through a normally locked gate.
EFC 507 requires hydrants be provided within 400’ of all portions of the facility. Hydrants should
be capable of providing a minimum 1000 gpm @ 20 psi fire flow, and may need to provide 1500
gpm @ 20 psi fire flow if larger buildings (community center, common kitchen, restrooms, etc.) are
provided on the site. Fire flows should be obtained from EWEB for the fire hydrants.
Access and Water Supply
Site Access Water Supply
No. (Available Hydrants)
1 There is only 1 access road into the site. A gravel road Hydrant #98102 is located near the
less than 20’ wide runs along the south edge of the southwest corner of the site. The
site. Because the site is less than 150’ wide, this road majority of the site is within 400’ of
is within 150’ of all portions of the site. A turnaround this hydrant.
would need to be provided. There is not a good means
of secondary access.
2 There is only 1 access road into the site. A gravel road Hydrant #98102 is located on
less 20’ wide arcs through the site. Because of the Commons Dr. where the access road
shape of the site, this access road is within 150’ of all starts. This hydrant is approx. 470’
portions of the site. A turnaround would need to be from the south edge of the site, and is
provided. There is not a good means of secondary more than 1000’ from the west edge
access. of the site.
3 There is no fire apparatus access to this site. There is No hydrants are accessible to this site.
Potential Sites for Temporary Transitional Housing SheltersPage 8
a possible access from the apartment complex to the If access is provided through the
south near the southeast corner of the site. There is adjoining apartment complex, there
not a good means of secondary access. are existing fire hydrants in the
complex. The nearest hydrant is
approx. 350’ from the site boundary,
and more 1,300’ from the west edge
of the site.
4 There is a paved access road into the site from N. Hydrant #1770 is located on the west
Garfield St. that runs the entire east-west length of the side of N. Garfield St. near the main
site. All portions of the site are within 150’ of this access point. The western half
access road. There is also a narrow (approx. 14’ wide) (approx.) of the site is within 400’ of
road that loops through the site. There is a secondary this hydrant. There is a hydrant
access on the north edge of the site from Eugene located north of the site in the Eugene
Public Works Yard. Either a 20’ through drive would Public Works Yard that is within 400’
need to be created, or a fire apparatus turnaround of most of the eastern half of the site.
provided on the site because the main access road
exceeds 150’ in dead end length.
5 The site is bounded by 13 th Ave. on the north and 14 th Hydrant #1137 is located on the north
th
Ave. on the south, providing excellent fire apparatus side of 13 Ave. near the center of the
access up to the site boundary. An access road would site.
need to be provided through the site. Hydrant #559 is located on the south
th
side of 14 Ave. approx. 250’ east of
the site.
Potential Sites for Temporary Transitional Housing SheltersPage 9