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HomeMy WebLinkAboutItem 1: Homeless Camping ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: Homeless Camping Meeting Date: May 20, 2013 Agenda Item Number: 1 Department: Public Works/Parks and Open Spaces Contact: Mark Schoening www.eugene-or.gov Contact Telephone Number: 541-682-4930 ISSUE STATEMENT This item is in response to council direction to hold a work session to discuss a draft ordinance that would establish a 120-day pilot program on homeless camping. The attached draft ordinance incorporates three of the four options presented to the council at the April 24, 2013, work session. The fourth option, use the council’s contingency funds to pay the conditional land use fee for the micro-housing pilot project, may also be considered by the council. BACKGROUND The City Council held a work session on homeless camping in parks and open spaces on April 24, 2013. The City Council was provided the following four options to consider: (1) Eugene Code section 4.816(1) authorizes a business, religious institution or public entity to allow up to three vehicles at a time to use its parking lot for camping/sleeping (subject to certain requirements, including that the entity provide garbage disposal services, sanitary facilities and storage for personal items). The council has expanded “vehicles” to include tents and Conestoga huts. The council could direct the City Manager to bring back an ordinance to expand the number of vehicles (tents and Conestoga huts) from three to five or six. (2) The council could direct the City Manager to bring back an ordinance that would allow a religious institution or other non-profit to permit dusk-to-dawn camping at its facility for up to some number of campers (perhaps five) and to explore creating a network to allow individuals to easily identify places where they could camp. (3) The council could direct the City Manager to bring back an ordinance removing the sunset on the Conestoga hut ordinance, or alternatively, extending the sunset for two years. (4) The Opportunity Village group recently asked the City to waive the fee for the conditional use permit application. The City has no authority to waive that fee. However, the council could choose to use its contingency funds to pay that fee, which is approximately $7,500. S:\CMO\2013 Council Agendas\M130520\S1305201.doc The City Council passed the following motion modifying the second option: “Direct the City Manager to bring back an ordinance that would allow people to sleep undisturbed and camp overnight from 10 p.m. to 7 a.m. on vacant City of Eugene-owned lands, but not including improved park land or sensitive environment open spaces, with staff to bring back a specific list of allowable sites, and on religious institution, non-profit organization, commercial and industrial properties if they allow it. This shall be a pilot program for 120 days and the council shall then review the pilot program and assess whether or not to continue the ordinance.” The attached draft ordinance incorporates the first three options. The draft ordinance is annotated with comments that explain the ordinance’s provisions and how the provisions address the three options. This past fall, at the direction of the council, City staff conducted an analysis of City-owned properties for a pilot project of small scale, temporary housing for the homeless. The criteria established by the council included: at least one acre in size, within ¼ mile of transit service, and exclude parks. A list of 16 sites was presented to the council at a work session on October 31, 2012. One of the sites, the existing City Hall was excluded from future consideration. One of the sites, the Courthouse Triangle, has since been sold to a private developer, and one site, 129 North Garfield was selected for the pilot project The remaining 13 sites were combined with a list of undeveloped parks and are shown on the attached maps and site list. RELATED CITY POLICIES Eugene Code 4.815 Prohibited Camping and Eugene Code 4.816 Permitted Camping. COUNCIL OPTIONS The Council options include: 1.Direct the City Manager to schedule a public hearing on the draft ordinance and the list of potential sites for the pilot program. 2.Use the council’s contingency funds to pay the conditional land use fee for the micro- housing pilot project, which is approximately $7,500. CITY MANAGER’S RECOMMENDATION The City Manager recommends the City Council take the following actions: Direct the City Manager to schedule a public hearing on the draft ordinance and the list of potential sites for the pilot program. The City Manager has no recommendation as to the use of the council’s contingency funds to pay the conditional land use fee for the micro-housing pilot project, which is approximately $7,500. S:\CMO\2013 Council Agendas\M130520\S1305201.doc SUGGESTED MOTION Move to direct the City Manager to schedule a public hearing on the draft ordinance and the list of potential sites for the pilot program. The council is also asked to provide guidance as to the use of the council’s contingency funds to pay the estimated $7,500 fee to process the conditional use permit for the micro-housing pilot project. ATTACHMENTS A. Draft Ordinance B. List of Potential Properties C. Map of Potential Northwest Properties D. Map of Potential Northeast Properties E. Map of Potential Southeast Properties F. Map of Potential Southwest Properties FOR MORE INFORMATION Staff Contact: Mark Schoening, Acting Parks and Open Space Director Telephone: 541-682-4930 Staff E-Mail: mark.a.schoening@ci.eugene.or.us S:\CMO\2013 Council Agendas\M130520\S1305201.doc ORDINANCE NO. __________ AN ORDINANCE CONCERNING PERMITTED OVERNIGHT SLEEPING AND TEMPORARILY AMENDING SECTION 4.816 OF THE EUGENE CODE, 1971; AMENDING ORDINANCE NO. 20503 REGARDING CONESTOGA HUTS; AND PROVIDING A SUNSET DATE. The City Council of the City of Eugene finds as follows: A. Section 4.816 of the Eugene Code, 1971 (EC) provides for the regulation of overnight sleeping. B. In order to create additional sleeping options for homeless persons, EC 4.816 should be temporarily amended to expand the permitted overnight sleeping provisions as a pilot program until November 1, 2013. The temporary amendment will allow the City to monitor these changes to determine whether they should be made permanent, revised or abandoned. NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The findings set forth above are adopted. Section 2. Subsection (1) of EC 4.816 is amended to provide as follows: 4.816 Permitted Overnight Sleeping . (1) Notwithstanding any other provision of this code: (a) Persons may sleep overnight in a vehicle[, camper or trailer] in a parking lot of a religious institution, place of worship, business or public entity that owns or leases property on which a parking lot and occupied structure are located, with permission of the property owner. The property owner may not grant permission for more than [three] six vehicles used for sleeping at any one time. For purposes of this subsection (1), the udes a car, tent, camper, trailer, and Conestoga hut. [Comment: Each site is currently limited to 3 vehicles. The first proposed change would double the number of vehicles/tents/huts that could be located at each site. Comment: The second proposed change would allow tents and Conestoga huts to continue until the ordinance sunsets.] Ordinance - Page 1 of 4 (b) Persons may sleep overnight in the back yard of a single family residence in a residential zoning district, with permission of the owner and tenant of the residence. Not more than one family may sleep in any back yard, and not more than one tent or camping shelter may be used for sleeping in the back yard. As an alternative, but not in addition to sleeping overnight in the back yard, not more than one family may sleep in a vehicle, camper or trailer parked in the driveway of a single family residence in a residential zoning district, with permission of the owner means persons related by blood or marriage, or no more than two unrelated adults. (c) Persons may sleep overnight in a vehicle, [camper or trailer] on a paved or graveled surface located on a vacant or unoccupied parcel, with the permission of the property owner, if the owner registers the site with the city or its agent. The city may require the site to be part of a supervised program operated by the city or its agent. The property owner may not grant permission for more than [three] six vehicles used for sleeping at any one time. (d) The following entities may allow not more than ten persons to sleep overnight, between 9:00 p.m. and 7:00 a.m. only, on property owned by the entity, or, if leased by the entity, with permission of the owner: the City of Eugene; a religious institution; a non-profit organization; and a business if the business is located on property zoned commercial or industrial. No more than five vehicles may be used for overnight sleeping at any one site under this provision. [Comment: This proposed change would allow -to- by the City, as well as sites authorized by a religious institution, a non-profit organization, and a business as long as the business is located in a commercial or industrial zone. Comment: The section proposes to limit the number of persons at any one site to ten persons, and to limit the number of vehicles to five vehicles. At the last work session, Council did not specify a limit on persons or vehicles at any one site. Staff recommends that there be a limit, especially for this pilot period, to reduce the likelihood of adverse effects to neighboring properties.] 1. After 7:00 a.m. at a location where overnight sleeping has occurred as allowed under this subsection (1)(d), a person who used the site for overnight sleeping shall remove all personal property from the site. [Comment: This subsection would require that anyone sleeping overnight remove all of his or her Ordinance - Page 2 of 4 t the site does not become a 24-hour site that would fall under subsection (1)(a) (requiring trash and sanitary facilities).] 2. An entity that allows overnight sleeping on its property pursuant to this subsection (1)(d) shall takes steps to prevent the overnight sleeping from interfering with the use and enjoyment of nearby properties, but the entity is not required to provide the services or facilities described in EC 4.816(2)(a)(b)and (c). [Comment: This subsection would require the owner/tenant of t- to- that the individuals who are camping do not interfere with the use or enjoyment of the neighboring properties.] 3. At any time the city manager determines that, at a specific site, the overnight sleeping authorized by this subsection (1)(d) is causing substantial interference with the use and enjoyment of nearby property, the city manager may suspend that site. The city manager may provide that the suspension or revocation will take effect immediately or upon such notice as the manager deems appropriate in light of the circumstances. A suspension may provide that permission for overnight sleeping will be restored when the property owner meets certain conditions to prevent further interference with the use and enjoyment of nearby properties. [Comment: This subsection would give the manager the authority to prohibit dusk-to-dawn camping on a specific piece of property if the camping is substantially interfering with the use or enjoyment of neighboring properties.] Section 3. The City Manager is directed to designate, by administrative order, up to eight sites on vacant city-owned property for purposes of the camping described in EC 4.816(1)(d). [Comment: This section would require the city manager to identify up to 8 city-owned sites where dusk-to-dawn camping could occur. If there is a problem at one of the sites, the manager would be able to terminate the camping at that site, and then identify another site.] Section 4. Section 5 of Ordinance 20503, pertaining to Conestoga huts, is amended to Ordinance - Page 3 of 4 extend the sunset date to November 1, 2013. [Comment: This section would extend the sunset for Conestoga huts to match up with the sunset for this new pilot.] Section 5. Unless extended or made permanent by future Council action, this Ordinance shall sunset and be repealed on November 1, 2013. [Comment: This section would sunset this pilot program on November 1, 2013, unless the council extended the sunset date.] Passed by the City Council this Approved by the Mayor this ____ day of ______________, 2013. _____ day of _______________, 2013. _______________________________ _______________________________ City Recorder Mayor Ordinance - Page 4 of 4 OPPORTUNITY EUGENE SITES Map NumberReference NameAcres 1Commons Dr1.4 2Commons Dr 22.6 3North MLK Jr Dr3.7 4County Farm5.2 5Applewood2.4 6Candlelight1.3 7Naval Reserve3.1 8North Terry1.4 9Willow Creek2.8 10Breezewood Ave1.2 11North Spring Blvd2.1 12Laurel Hill Dr1.0 UNDEVELOPED PARKS & OPEN SPACES NameAcres Chase Commons4.1 Ferndale4.4 Golden Gardens11.8 Grasshopper Meadows2.0 Hawkins Heights7.6 Jefferson4.0 Lone Oak3.8 Ruby0.8 Santa Clara8.3 Striker Field8.4 Terra Linda4.1 Wendover4.7 West Bank5.0 ATTACHMENT 2 Wendover Santa Clara Terra Linda Ferndale Ruby Lone Oak Golden Gardens West Bank Legend er Meadows Eugene UGB Major Streets Opportunity Eugene Sites Potential Camping Sites - Northwest Eugene Undeveloped Park Sites Taxlots Caution: Water Bodies This map is based on imprecise source data, subject to change, and for general Inside City Limits May 08, 2013 reference only. Striker Field 5 4 2 3 1 Chase Commons Legend Eugene UGB Major Streets Opportunity Eugene Sites Potential Camping Sites - Northeast Eugene Undeveloped Park Sites Taxlots Caution: Water Bodies This map is based on imprecise source data, subject to change, and for general Inside City Limits May 08, 2013 reference only. 2 3 1 Chase Commons 7 Jefferson 12 11 Legend Eugene UGB Major Streets Opportunity Eugene Sites Potential Camping Sites - Southeast Eugene Undeveloped Park Sites Taxlots Caution: Water Bodies This map is based on imprecise source data, subject to change, and for general Inside City Limits May 08, 2013 reference only. 6 Grasshopper Meadows 8 9 10 Hawkins Heights Legend Eugene UGB Major Streets Opportunity Eugene Sites Potential Camping Sites - Southwest Eugene Undeveloped Park Sites Taxlots Caution: Water Bodies This map is based on imprecise source data, subject to change, and for general Inside City Limits May 08, 2013 reference only.