Attachment A - Draft Ordinance - PHO-1-23--Z-SP-2-19-7.pdf
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ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE STIPULATIONS APPLICABLE TO
REZONING APPLICATION Z-SP-2-19-7 PREVIOUSLY APPROVED BY
ORDINANCE G-6799.
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning stipulations applicable located at the southeast
corner of 13th Avenue and Madison Street in a portion of Section 7, Township 1
North, Range 3 East, as described more specifically in Attachment “A”, are hereby
modified to read as set forth below.
STIPULATIONS:
1.
The development shall be in general conformance to the site plan date
stamped November 4, 2019, as modified by the following stipulations and
approved by the Planning and Development Department.
2.
Permanent Shelter Beds
Area A is permitted to have a total of 700 beds with a three-year review.
a.
No low barrier shelter services (defined as servicing those individuals
with prior sex offense convictions, those actively utilizing drugs and/or
those with weapons in their possession) shall be provided in Area A and
Area B. In addition, no services shall be provided in Area A that are not
part of the standard Central Arizona Shelter Services ("CASS") operates
at today as outlined below, with the exception of people with pets and
service animals under the discretion of the Human Services Campus or
service provider/s located in Area A.
•
The CASS shelter that operates within the subject site serves adults
ages 18 and older, operates 24/7, 365 days a year, and delivers
services in a trauma informed care model.
•
All of the following are part of the current model of services:
-
24/7 temporary emergency shelter.
-
24/7 security.
-
Case management services for both those staying at the shelter
and those referred to CASS for housing assistance from CASS
housing programs.
-
Clients with mental health and behavioral health issues are
offered intensive case management, and the case managers also
coordinate with other providers to help meet the client’s mental
health needs.
-
Indoor programming for up to 250 people who are not required to
leave the shelter during the daytime. Note: all clients can utilize
the case management services during the daytime, even if they
are not allowed to stay indoors all day.
-
Housing support and resources, including rapid rehousing and
short-term financial assistance.
-
Follows the Housing First model.
-
Supports clients to have all their needs met, with an integrated
model of collaboration and care with partners both on and off the
Human Services Campus.
-
Participates in coordinated entry and all client information is
entered into the HMIS system.
•
CASS has minimum barriers to enter the adult shelter:
-
Clients do not need to be clean or sober, but they may not bring
drugs or alcohol into the shelter.
-
Clients do not have to have an income.
-
Clients do not have to accept services; however, service
engagement is core to the model and clients are encouraged to
enroll in case management.
-
Clients do not have to have identification, other than a campus
identification.
-
No weapons are allowed in the shelter and clients go through a
metal detector.
-
Currently sex offenders are not allowed.
b.
The shelter operator shall not enter into contract to sell or reserve bed
space unless:
(1)
The Planning and Development Department Director determines,
in his or her sole discretion, that the agreement will significantly
reduce the homeless population within a 10-mile radius of the
site.
(2)
The Police Chief determines, in his or her sole discretion, that the
agreement will not reduce the accessibility of homeless shelter
space within a 10-mile radius of the site.
(3)
This excludes a maximum of 14 beds utilized for hospital drop off
from hospitals located within a 10-mile radius which are needed in
situations where a former hospital patient is in need of short-term
bed rest and would otherwise be dropped off on the street with no
place to stay.
3.
Temporary Shelter Beds
For a maximum of three years beginning 30 days from the approval of this
Special Permit, and in addition to the maximum bed space permitted in
Stipulation No. 2, The PDD Director may approve up to 200 additional
temporary beds to be located within permanent or temporary structures within
Areas A or B for use during extreme weather conditions.
For the purposes of this Special Permit, extreme weather conditions is defined
as periods of forecasted excessive heat warnings, freeze warnings, and
chance of precipitation over 50% overnight.
a.
At the end of the three-year period, Area A is permitted to have 75
temporary beds to be located within permanent or temporary structures
for use during extreme weather conditions.
4.
Trash/recycling receptacles shall be provided within the property boundaries of
the Special Permit area and accessible to the public 7:00 a.m. to 11:00 p.m. A
waste receptacle plan demonstrating sufficient quantities and locations of
receptacles located within Special Permit area shall be submitted to the
Planning and Development Department within 90 days of City Council approval
of the Special Permit and shall be administratively approved by the Planning
Hearing Officer. The Planning Hearing Officer will work directly with the Public
Works Department Director's Office to determine if the plans are sufficient.
5.
A minimum of two permanently constructed toilet facilities connected to the
city's water and sewer systems, accessible to the public from 7:00 a.m. to
11:00 p.m., shall be provided within the Special Permit area. The toilet facilities
shall be fully accessible (ADA compliant). Directional signs shall be provided to
identify the location(s). The toilet facilities shall comply with the Phoenix
Building Construction Code and shall be approved and permitted by the
Planning and Development Department.
6.
Property owners and operators within the Special Permit area shall maintain all
public rights-of-way including sidewalks, alleys, easements and streets from
any hazards or accumulation of garbage, debris, rubble, hazardous waste,
litter, rubbish, refuse, waste material, or blight within the following boundaries
around the Special Permit area from 7th Avenue to 15th Avenue, between
Madison Street to Harrison Street, and the areas from 11th Avenue to 12th
Avenue, between Jefferson Street to Madison Street. This area will be cleaned
a minimum of twice a day, seven days a week (in the morning after breakfast is
served, prior to 10:00 a.m.; and in the evening after dinner is served, prior to
8:00 p.m.). Cleaned shall be defined as removal of any trash, waste, debris or
other objects, liquids or hazards.
a.
In addition, the Human Services Campus shall operate a Clean Zone
program that shall clean a minimum of two days per week and will
collaborate with the Neighborhood Services Department, Parks and
Recreation Department, and nearby neighborhood associations to
identify particular locations needing cleaning.
7.
At a minimum, all temporary shelter facilities with vacancies, shall be open and
accepting temporary shelter clients until 11:00 p.m.
8.
The provider of beds in the shelter that is currently operated by Central Arizona
Shelter Services (“CASS”) shall exercise its best efforts to always maintain up
to five percent excess bed capacity until 4:00 p.m. so as to accommodate
emergencies, police needs or special situations in which available bed capacity
needs to be held in reserve for the good of the public or the individual.
a.
The total beds for the purpose of calculating the five percent excess bed
capacity, excludes a maximum of 20 beds utilized for hospital drop off
from hospitals located within a 10-mile radius which are needed in
situations where a former hospital patient is in need of short-term bed
rest and would otherwise be dropped off on the street without a place to
stay.
b.
The total beds for the purpose of calculating the five percent excess bed
capacity, excludes other special medical or mental health beds which
are needed in situations where critical health or crisis needs must be
accommodated for the benefit of the individual or the community at
large.
9.
A minimum of 20 beds shall be reserved within Area A until 11:00 p.m. each
night for emergency use by the Police Department. This is in addition to the
best efforts as required in Stipulation No. 8.
10.
An "authority to arrest" agreement shall be completed and maintained for all
property owners and organizations operating within the Special Permit area.
The agreements shall be signed and delivered to the Phoenix Police
Department.
11.
Security, certified by the Department of Public Safety, shall be on the site daily
to ensure the security of the site, and coordinate with the Phoenix Police
Department for criminal activity or crime related issues.
12.
Security cameras (or other monitoring devices, as approved by the Police
Department) shall be provided, in perpetuity, to continually capture images of
activities along the street frontages. Videos/Images shall be preserved for a
minimum of 90 days. Property owners within the Special Permit area shall
enroll in the City's Virtual Block Watch Program.
13.
A Security Master Plan shall be submitted to the Phoenix Police Department on
an annual basis for review and recommendations, to ensure a safe
environment and coordination with the Police Department. The plan shall
include, at minimum, the following elements:
a.
A central point of contact for security matters.
b.
Coordination of security personnel with the Police Department.
c.
Required number of security personnel.
d.
Provisions for security cameras and lighting.
e.
Procedures for storing and handling the disposal of controlled
substances and weapons.
f.
Procedures for screening and monitoring of clients.
14.
The Human Service Campus will make a concerted effort to identify, pursue
and implement strategies to address homelessness at a regional level that will
reduce service demands on providers and facilities within and near the Special
Permit boundaries. The Human Services Campus will include a summary of
their efforts in an annual report to the Human Services Department and the
Planning and Development Department.
15.
The Human Services Campus and other shelter providers within the Special
Permit area shall work collaboratively with the City of Phoenix as well as
adjacent property owners and associations on reducing any negative impacts
or concerns stemming from those experiencing homelessness in the area
surrounding the Human Services Campus and Special Permit area.
a.
The City of Phoenix and all neighborhood associations listed with the
Neighborhood Services Department within one mile of the site shall be
provided with a designated contact person for the Special Permit area to
communicate any issues/concerns.
b.
With the help of Council Districts 7 and 8, the Mayor, and city staff, the
Human Services Campus and other shelter providers within the Special
Permit area shall facilitate community outreach meetings to discuss
compliance with the zoning stipulations, future development of the
campus, any issues/concerns from the community, and how those
concerns could be addressed by the shelter providers or the City if
possible.
c.
The community outreach meetings shall be held quarterly for the first
three years following approval and then semiannually thereafter, unless
the Planning and Development Department Director requests that
additional meetings are necessary during any particular calendar year.
d.
The notification for the community meeting shall be sent to all property
owners within a half mile; all neighborhood associations listed with the
Neighborhood Services Department within one mile; any individuals or
organizations who attended previous meetings; and staff designated by
each respective department director from the Human Services
Department, Neighborhood Services Department, Planning and
Development Department, Street Transportation Department, Public
Works Department and Police Department.
e.
Topics of discussion shall include, but not be limited to how the shelter
providers and the surrounding community can:
(1)
Encourage street maintenance;
(2)
Organize rubbish clean-ups;
(3)
Discourage street feeding, or donations of other items, in the area
surrounding the Special Permit area;
(4)
Coordination of holiday events to be consolidated in appropriate
locations; and
(5)
Prevention of crime.
f.
A summary of the community meetings and any notes from the public
shall be submitted to the Planning and Development Department. The
community meeting summaries shall include the following meeting
details:
(1)
Date, time, and location;
(2)
Number of participants;
(3)
Questions or concerns that arose; and
(4)
How the questions or concerns were addressed.
16.
An annual report shall be provided to the Planning and Development
Department, to include the following items:
a.
Number of people served by each organization.
b.
Number of positive exits for each organization.
c.
If permitted, number of beds contracted to entities other than the City of
Phoenix.
d.
Meeting summaries as detailed above.
e.
Summary of efforts to identify, pursue and implement regional solutions
to homelessness that will reduce the service demand on providers and
facilities within and near the Special Permit boundaries.
17.
The Special Permit shall be reviewed two years after City Council approval of
THIS PLANNING HEARING OFFICER ACTION (I.E., REZONING CASE NO.
PHO-1-23--Z-SP-2-19-7) the Special Permit. The review is for the entire Special
Permit area and shall be through the Planning Hearing Officer public hearing
process where additional stipulations may be imposed. This is a legislative
review. Specific development standards and requirements may be determined
by the Planning Hearing Officer and the Planning and Development
Department. As part of the two-year review, additional reviews or stipulations
may be added by the Planning Hearing Officer or City Council.
18.
The developer shall construct all streets within and adjacent to the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.
19.
The developer shall record a Notice to Prospective Purchasers of Proximity to
Airport in order to disclose the existence and operational characteristics of
Phoenix Sky Harbor Airport (PHX) to future owners or tenants of the property.
20.
If determined necessary by the Phoenix Archaeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the
development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.
21.
If Phase I data testing is required, and if, upon review of the results from the
Phase I data testing, the City Archaeologist, in consultation with a qualified
archaeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archaeological data recovery excavations.
22.
In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
23.
Prior to any future permit issuance, the landowner shall execute a Proposition
207 Waiver of Claims form. The Waiver shall be recorded with the Maricopa
County Recorder's Office and delivered to the City to be included in the
rezoning application file for record.
24.
For use separation purposes, by operating under this Special Permit Area A
agrees to not own, operate or participate in the operation of a low barrier shelter
within 1.5 miles of the subject site.
25.
Designated areas shall be provided within Area A for those waiting for services
that shall accommodate each facility's maximum capacity/occupancy in such a
way that those waiting for services do not congregate on the public rights-of-
way or within the public streets. If queuing areas spill into the public right-of-way
the queuing shall be in an orderly fashion to minimize the use of the public right-
of-way. This stipulation does not apply to Area B, as they have legal authority to
operate a charitable dining hall without this Special Permit.
26.
The Special Permit may be revoked by the City Council per Section 504.1 C.6.
of the Zoning Ordinance upon finding that there has been material
noncompliance with any condition prescribed in conjunction with the issuance of
the Special Permit or approval of the site plan or that the use covered by the
permit or the manner of conducting the same is a safety hazard or is in any way
detrimental to persons residing or working in the vicinity, to adjacent property, to
the neighborhood, or to the public welfare in general.
27.
All meals shall be served on the properties within the Special Permit area. No
meal services are permitted off-campus within public rights-of-way.
28.
The service providers within the Special Permit area will discourage homeless
persons from occupying abutting public rights-of-way by communicating to
those persons that services and goods provided by the campus are available
within the campus. Communication may be via posted notice, individual dialog
by staff or other means.
29.
The Human Services Campus, within 60 days of approval of this Special Permit,
will produce a written plan identifying how they will support efforts of the city's
adopted strategies to address homelessness plan to regionalize efforts to
combat homelessness and will provide a copy to the Planning and
Development Department for review.
SECTION 2. Due to the site’s specific physical conditions and the use
district granted pursuant to Ordinance G-6799 this portion of the rezoning is now
subject to the stipulations approved pursuant to Ordinance G-6799 and as modified in
Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City of
Phoenix Zoning Ordinance. Building permits shall not be issued for the subject site
until all the stipulations have been met.
SECTION 3. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions hereof.
PASSED by the Council of the City of Phoenix this 20th day of March
2024.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A - Legal Description (1 Page)
B - Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR PHO-1-23--Z-SP-2-19-7
A PORTION OF SECTION 7, TOWNSHIP 1 NORTH, RANGE 3 EAST OF THE GILA
AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA.
PARCEL 1
LOT 1, HUMAN SERVICES CAMPUS, ACCORDING TO THE PLAT THEREOF
RECORDED ON APRIL 19, 2005, IN BOOK 742, PAGE 25 RECORDS OF
MARICOPA COUNTY, ARIZONA
PARCEL 2
GRAY STREET AS SHOWN ON PLAT RECORDED IN BOOK 2 OF MAPS,
PAGE 61, LYING SOUTH OF AND IMMEDIATELY ADJACENT TO LOT 31 OF
SAID NEAHRS ADDITION; EXCEPT THE SOUTH 25 FEET THEREOF;
EXCEPT ANY PORTION LYING IN PLAT RECORDED IN BOOK 810 OF
MAPS, PAGE 49 AND RECORDED IN BOOK 742 OF MAPS PAGE 25;
EXCEPT ANY PORTION LYING IN 9TH AVENUE AS IT CURRENTLY EXISTS
PARCEL 3
LOT 1, ANDRE HOUSE OF ARIZONA, ACCORDING TO THE PLAT
RECORDED IN BOOK 446, PAGE 45 RECORDS OF MARICOPA COUNTY,
ARIZONA
PARCEL 4
LOTS TWENTY-NINE (29) AND THIRTY (30) AND THE EAST 8.68 FEET OF
LOT TWENTY-EIGHT (28) IN THE SUBDIVISION OF LOTS ONE (1), TWO (2),
THREE (3), FOUR (4), SIX (6), SEVEN (7) AND EIGHT (8), BLOCK THIRTY
(30), NEAHR’S ADDITION, ACCORDING TO THE PLAT OF RECORD IN THE
OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA,
RECORDED IN BOOK 2 OF MAPS, PAGE 28.
TOGETHER WITH THAT PORTION OF JACKSON STREET AS QUITCLAIMED
BY CITY OF PHOENIX, BY INSTRUMENT RECORDED IN DOCKET 2787,
PAGE 432, LYING BETWEEN THE EAST LINE OF LOT 30 PROLONGATED
TO THE SOUTH AND WEST LINE OF EAST 8.68 FEET OF LOT 28
PROLONGATED TO THE SOUTH IN THE SUBDIVISION OF LOTS 1, 2, 3, 4,
6, 7 AND 8, BLOCK 30, NEAHR’S ADDITION, ACCORDING TO THE PLAT OF
RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA
COUNTY, ARIZONA, RECORDED IN BOOK 2 OF MAPS, PAGE 28.