Attachment C - VPC Summary-Rec - Z-SP-2-19-7.pdf
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City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 Village Planning Committee Meeting Summary Z-SP-2-19-7 Date of VPC Meeting October 12, 2020 Request From A-1 SP CMOD (12.55 acres), A-1 CMOD (1.25 acres), A-1 HP-L CMOD (0.55 acres) and C-3 HP-L CMOD (0.18 acres) Request To A-1 SP CMOD (14.53 acres) Proposed Use Modify the Special Permit area of the Human Services Campus to include Andre House and to allow for an increase in the maximum number of beds. The Special Permit is to allow homeless shelter, charitable dining hall and food service uses. Location Southeast corner of 13th Avenue and Madison Street VPC Recommendation Approval, per the staff recommendation VPC Vote 6-3 VPC DISCUSSION & RECOMMENDED STIPULATIONS: Committee members Ash Uss and Patrick Panetta recused themselves for this item, committee members Dana Johnson and Shannon Dubasik rejoined the meeting and committee member Wayne Rainey left the meeting during this item, bringing quorum to 9. Seventy-nine speaker cards were submitted, wishing to speak. -Two speakers donated their time to John Westerdale -Three speakers donated their time to Angela Ojile -Two speakers donated their time to Ian Francis Green -One speaker donated their time to Joel Coplin -Five speakers donated their time to Katherine Roxlo -Five speakers donated their time to Amy Schwabenlender -Four speakers donated their time to Jonathan Koppell -Two speakers donated their time to Hannah Knudson -Two speakers donated their time to Andrew Cece -One speaker donated their time to Alexandra Lesnik -Two speakers donated their time to Zoe De Leo Attachment C Central City Village Planning Committee Meeting Summary Z-SP-2-19-7 October 12, 2020 Page 2 City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 Sarah Stockham, staff, displayed an aerial map and reviewed surrounding land uses and zoning, the existing Special Permit area, the proposed site plan and proposed stipulations. Eva Olivas asked if the committee can continue the item since the Strategies to Address Homelessness Plan has not been approved by City Council. Ms. Stockham replied that the committee can vote on any item to recommend approval, denial, or a continuance, and the next step for this case is for it to be heard by Planning Commission. Will Gaona asked how the Phoenix Police Department defined a person vulnerable and in need of shelter and noted in Stipulation 8 and asked if someone from the Police Department is available to answer that question. Ms. Stockham replied that the basis of Stipulation 8 is to reserve a minimum number of beds for the Police Department to bring in individuals they come across in need of shelter, and that no one from the Police Department was in attendance. Dana Johnson asked staff to expand on Stipulation 22 and Proposition 207 Form. Ms. Stockham replied that a Proposition 207 Form is a waiver of claims form recorded by the property owners of this request regarding claims for diminution of property value. Paul Gilbert, representing the applicant with Beus Gilbert McGroder, displayed a chart showing the increasing number of those experiencing homelessness in Maricopa County, an aerial map of the proposed special permit area, a map of the location of those who signed the petition to increase the number of beds, a map of crime statistics in the area and a map of coordinated entry access points across the Valley. Will Gaona asked the applicant to expand on why the Police Department requested Stipulation 8 and if there are any standards to define a person vulnerable and in need of shelter. Mr. Gilbert responded that the Police Department originally requested many beds to be reserved and the applicant requested they reduce that number, but the Police Department said they needed that amount to be reserved for them. Mr. Gilbert continued that there was a recent court case decision which does not allow those experiencing homelessness to be moved unless there is a spot where they can be taken to, which might have been a motivating factor to reserve a certain number of beds. Mr. Gaona replied that when he read Stipulation 8, it felt like a work around from the decision of Martin v. Boise which prevents cities from enforcing criminal standards on unsheltered people, and that the city has many ordinances that are used against those experiencing homelessness that criminalize actions such as sitting on the sidewalk, and puts them in the criminal justice system. Mr. Gaona concluded that he was disappointed that there was no one from the Police Department in attendance to explain why they requested that stipulation. Michael Langley shared that he concurred with Mr. Gaona and that some of the stipulations had a “broken-windows” approach to policing which might criminalize those Central City Village Planning Committee Meeting Summary Z-SP-2-19-7 October 12, 2020 Page 3 City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 experiencing homelessness and asked the applicant to explain if a mental health approach is provided on the campus. Mr. Gilbert asked Amy Schwabenlender, the Executive Director of the Human Services Campus to answer that question. Ms. Schwabenlender replied that Community Bridges Inc, “CBI”, is on the campus 24/7 to provide behavioral health services to those on the campus and they would be open to the opportunity to partner more deeply with the police to combine those services together. Mr. Langley replied that he wanted to decrease the amount of interactions with the police for those on or near the campus and to focus on a more solutions-driven approach. Vice Chair Janey Pearl Starks stated that she shares similar concerns regarding policing. Alan Stephenson, Director of the Planning and Development Department, stated that the intent of Stipulation 8 is to have beds available so that the police don’t have to arrest someone and criminalize those experiencing homelessness as they will now have bed spaces to bring people who need help, treatment and services provided by the campus. Will Gaona replied that under the Martin v. Boise case decision if there are no shelter beds available the police can’t arrest those persons experiencing homeless for breaking those ordinances, and Stipulation 8 would be superfluous and that in practice there could be an increase in the number of arrests of persons experiencing homelessness. Eva Olivas shared that the Human Services Campus has been a challenge for the neighborhood south of the site for at least ten years, and the neighborhood has complained to the City, who told them to go to the County, who told them to go to the Human Services Campus, and the campus invited the community to participate in cleanups. Ms. Olivas stated that the community has been shuffled for ten years and that everyone should have clean streets and neighborhoods. Ms. Olivas continued that the campus has a special permit for 425 beds with two stipulations and free reign to be creative in their programs and to be flexible in how they work with the surrounding neighborhood, and she sees the adverse conditions in the neighborhood every day. Public Comment: Michael Rodgers, with the Papago Vista Neighborhood Association, shared that he opposes the request because it contradicts the Capitol Mall Overlay and the HSC has had many decades to operate the facility well and has been unsuccessful. Mr. Rodgers shared that the stipulations are well intentioned but meaningless, and the request is failed policy and asked the committee to table or deny the request. John Westerdale commented that he is opposed to the request as the neighborhood is overwhelmed, there are many letters of opposition detailing the negative effects of the campus in the area, and the neighbors are not anti-homeless. Mr. Westerdale continued that smaller, regional shelters are a better approach and this addition of beds Central City Village Planning Committee Meeting Summary Z-SP-2-19-7 October 12, 2020 Page 4 City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 would make HSC one of the largest shelters in the nation. Mr. Westerdale added that the staff report is a joke, the stipulations are vague and ineffective such as Stipulation 6, regarding cleaning rights of way around the campus, since as soon as an area gets clean it gets trashed again. Mr. Westerdale added that the area around HSC is a hotspot for crime and there was a recent homicide in the area. Mr. Westerdale continued that Stipulation 13 is nonsense, Stipulation 14 has no substance and the problems with the area have not been addressed. Mr. Westerdale added that Maricopa County has many funds that have not been used and the request is not a good solution to address homelessness. Angela Ojile, with the Madison Pioneers Coalition, shared that in the 80’s and 90’s the comments regarding the campus were similar to the comments shared today, and the neighborhood has gotten worse. Ms. Ojile added that the stipulations do absolutely nothing and that the campus had 35 years to improve conditions. Ms. Ojile asked why no one is acknowledging what is happening in the neighborhood, the applicant hasn’t been involving the community and she suspects something else is at play. Ms. Ojile continued that the cleanliness in the neighborhood is reprehensible and that the Phoenix Rescue Mission had support when they asked to expand their operations. Ms. Ojile added that the applicant does not care, the neighborhood needs a soul again, and HSC has a bad reputation and people are afraid to be in there. Ms. Ojile added that smaller shelters are a better answer and that the stipulations are laughable and a joke. Ms. Ojile concluded that the area never looks clean and if the applicant cared they would have talked to the community. Felipe Barajas shared that he is opposed to the request and it is unfair to burden a minority community with this request. Mr. Barajas added that the 1,300 children in schools nearby cannot walk to school or play outside safely, as the area has a high number of violet crimes. Mr. Barajas continued that the stipulations are toothless with no substance, such as Stipulation 14. Mr. Barajas asked the committee to vote no and force the city to come up with better solutions. Ian Francis stated that things have gone downhill since HSC has taken over the campus and they have been letting the neighborhood deteriorate to get approval for this request. Mr. Francis stated that Stipulation 2.A calls for a minimum of 100 beds for the low barrier shelter, which allows people that are service resistant to be placed in temporary shelter. Mr. Francis continued that there is no one to manage those persons in tents near the campus, and those people are not being screened for drugs and alcohol. Mr. Francis continued that the staff report is a joke and atrocious, as are the stipulations and they are deplorable. Mr. Francis added that this request will make things worse and he is tired of dealing with people dying outside, as low barrier shelter beds will increase the number of violent people in the neighborhood. Mr. Francis concluded that this request is against the city’s long-term solution to end homelessness plan, which should be completed and adopted before this request is heard as the long- term plan calls for a regional approach to end homelessness. Central City Village Planning Committee Meeting Summary Z-SP-2-19-7 October 12, 2020 Page 5 City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 Joel Coplin, with the Madison Pioneers Coalition, shared that he has a birds-eye view of 11th Avenue and Madison Street. Mr. Coplin shared he has witnessed an exponential increase of those experiencing homelessness in the area who come from other states, and that they are young people who come for free tents and do not want to stay in the shelter. Mr. Coplin added that the increase in the number of people will contribute to longer lines and those who need and want services will fall through the cracks. Mr. Coplin continued that smaller shelters are a better solution and that this request will exacerbate the problems outside. Mr. Coplin continued that the streets are continually dirtied and that the request conflicts with the Capitol Mall Plan. Katherine Roxlo shared that large facilities are not humane or safe and asked the committee to deny the request. Ms. Roxlo added that the HSC does not meet the city’s core values and the request will not decrease the amount of people on the streets because they do not want to enter a shelter. Ms. Roxlo continued that the stipulations are vague, inadequate and unenforceable. Ms. Roxlo added that doubling the number of people in the shelters will double the amount of trash in area. Ms. Roxlo continued that she must urinate at least once every night and that 500 people who camp outside will not hold it until the toilets open at 7:00 am. Ms. Roxlo shared that showers, trash cans and drinking water must be provided to Maricopa County standards and adequate to the amount of people who are camping outside. Ms. Roxlo continued that there has been no effort to engage the community to strengthen the stipulation language and she rejects the four findings of the staff report. Ms. Roxlo added that low-barrier shelter users are not interested in following laws and they will continue to use and sell drugs around the facility. Ms. Roxlo added that the stipulations have no teeth and that special permits may be revoked. Ms. Roxlo added that the HSC has no interest in engaging the neighborhood and the city needs to stop taking in those in need from all over the state. Ms. Roxlo concluded that the Village Planning Committee is tasked with reviewing the request and if it is good for the community, consistent with neighborhood and overlay policy plans, and the impacts on adjacent land uses. Ms. Roxlo concluded that the request is not good for the neighborhood, in conflict with policy plans, and negatively impacts the surrounding area. Vicki Anderson shared that she is opposed to the request and that there is no information on how other shelters are operated, and other homeowner associations approve of the request because they don’t want shelters in their neighborhoods. Ms. Anderson concluded that the City should push the HSC to research other, more effective models, of servicing those experiencing homelessness. Amy Schwabenlender stated she has been in her role as Executive Director of HSC Inc. for two years, HSC Inc. has existed for three years and the campus was previously owned by the county and governed by a member-manager LLC. Ms. Schwabenlender added that for ten years (2005-2015), there was an overflow shelter that sheltered 500 people per night and when it was forced to close the number of unsheltered people in the neighborhood increased. Ms. Schwabenlender continued that over the past fiscal year there were 5,767 unduplicated individuals at the campus, Central City Village Planning Committee Meeting Summary Z-SP-2-19-7 October 12, 2020 Page 6 City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 and they worked with 16 different partner organizations on the campus to connect 2,480 people to permanent housing and use a housing-first approach. Ms. Schwabenlender added that there are housing case managers working to get people into housing, but it takes about 120 days to find housing due to low vacancy rates and lack of affordable housing. Ms. Schwabenlender added that 31 percent of people served on campus are African American or black, which is considerable given that the demographic makes up 6 percent of the total population in Maricopa County. Ms. Schwabenlender added that they have 20 access points across the county that connected over 4,000 people with services so that they did not have to come to the Human Services Campus. Ms. Schwabenlender continued that for more than a year they have been doing street cleanups two days a week with Andre House and since October they have hired a cleaning company to do daily street cleaning, at their own expense. Ms. Schwabenlender shared that 42 percent of the HSC Inc. budget is from private contributions, 22 percent is from governmental contracts, 19 percent is from event contributions and 17 percent is from partner facility fees, and they do not acquire more money by serving more people. Ms. Schwabenlender asked for the committee’s recommendation of approval, and shared that they won’t have a 1,000 bed shelter and they won’t shelter 1,000 people a night, rather they will have 100 beds at Andre House, 700 beds at CASS (Central Arizona Shelter Services) to shelter 800 people a night and 200 beds reserved when there is a heat or freeze advisory or when there is rain overnight. Ms. Schwabenlender stated that the low-barrier shelter is for those with mental health issues who are not currently sheltered and Andre House would house people in the building and would have an on-site service provider to manage the beds as it is not their core competency. Ms. Schwabenlender concluded that there is no evidence-based best practice model for emergency shelter or shelter size and a shelter bed is the first step towards finding permanent housing. Jonathan Koppell shared that he is the president of the board of the Human Services Campus and stated that the HSC Inc. is a non-governmental organization that exists to serve human beings who do not have a place to stay. Mr. Koppell added that they agree with those in opposition that the current situation is intolerable and unacceptable, the impact on the community is real and must be addressed, and the response to homelessness must be regional and HSC supports the coordinated entry system to connect people with a pathway to permanent housing. Mr. Koppell continued that the city, county and the state must do more to address the needs of those experiencing homelessness and the impacts to the community, and they are allied with those against street feeding and agree that HSC can do better. Mr. Koppell shared that community members brought it to his attention that there was supposed to be a community member on the board of HSC, and they invited Jessica Bueno to serve on the board who ultimately declined the offer until the permit application request was completed. Mr. Koppell then shared that many speakers blame HSC for the conditions in the area, and propose shutting down the campus but if it was shut down, the people experiencing homelessness still exist and the proposal is to increase the number of beds to get those people off the streets. Mr. Koppell continued that the stipulations are not a joke and they are concerned with the rigorousness that they will be judged, and Central City Village Planning Committee Meeting Summary Z-SP-2-19-7 October 12, 2020 Page 7 City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 the special permit can be revoked if they don’t meet the stipulations. Mr. Koppell concluded that they want to help people have their decency restored, have a fighting chance to meet the needs of those who are experiencing homelessness, improve the status quo and improve the human suffering currently taking place nearby. Hannah Knudson stated she is a resident of the Woodland neighborhood who supports the request, everyone deserves to have their basic needs met, and that safety and shelter are the foundation to address other needs. Ms. Knudson added that they are speaking of actual individuals and their lives are more important than the cleanliness of our alleys which will be addressed when there are more beds for people to use. Ms. Knudson shared that HSC already provides these services and the beds will be within existing buildings, and more beds far outweigh the cost to provide services such as police calls and emergency services. Ms. Knudson asked that the request not be tabled and asked the committee’s approval of the request. Patrick Tighe stated that he lives at Willetta Street and Central Avenue and works at the Arizona Center, and is in support of the request. Mr. Tighe stated that there is a moral obligation to help those who are experiencing homelessness and adding beds will increase public safety. Mr. Tighe shared that he often sees those experiencing homelessness when leaving work and wonders why we are not doing more, and a colleague left her window rolled down and a man was sleeping in her car because he did not have a place to sleep. Joshua Utter shared that he also lives at Willetta Street and Central Avenue and supports this request. Mr. Utter added that there are more people on the streets and during the hot summer it is unfortunate to see so many people seeking shelter outside. Mr. Utter shared that as someone who has lived in a shelter, it is not the most comfortable, but it is a bed and a place to sleep and we need to consider the humanity of those who are seeking shelter. Becca Taylor stated that she supports adding beds, and she is a neighbor and a first responder. Ms. Taylor added that many problems are in direct relation to the lack of available bed space. Ms. Taylor stated that she has seen the changes in the area since the overflow shelter was closed and shelter options were diminished. Ms. Taylor stated that we cannot continue to push people around and the request cannot be postponed. Yvonne Harrison stated that she is a member of First Church United Methodist Church and is supportive of the request. Ms. Harrison stated that First Church has been a member of the community for over 100 years and they embrace the social gospel of Matthew 25:40. Ms. Harrison stated that they attempt to serve people experiencing homelessness with food, water, and basic services and that HSC answered the call when they tried to find shelter for someone recently released from the hospital. Central City Village Planning Committee Meeting Summary Z-SP-2-19-7 October 12, 2020 Page 8 City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 Alexis Wadas shared that she is in support of the request and is a nurse. Ms. Wadas explained that with housing first model, housing needs to be addressed before other needs can be met. Ms. Wadas added that she has worked with the unsheltered with infected wounds from sleeping on asphalt, seen those with mental issues worsen because they don’t have access to their medication, and people have to choose between working and standing in line for a shelter bed. Ms. Wadas concluded by asking the committee not to wait and asked that they approve of the request. Andrew Cece stated that he lives by Grand Avenue Pizza and works with those experiencing homelessness. Mr. Cece read letters from those who are unsheltered as they do not have a voice in these proceedings: -Joe stated that the Andre House should have more bed as they have done so much and helped so many people, and more beds would help get more people off the streets. -Manuel Rivera shared that he has been unsheltered for about two weeks and it would be awesome if Andre House could have more beds to support the community more. -Johnny shared that he has been experiencing homelessness for about five years and there should be a homeless shelter for those who are mentally ill, and a lot of people, like him, need it. -Dallas stated that he has been living outside since 2009 and that they need more services and more shelters in the area and especially in the time of the coronavirus. -Dreama shared that the Andre House is good for all types of services that the unsheltered cannot get otherwise, and she has been there for a year and has seen good changes in those around her. -Myron stated that he has been staying outside for many years and he has not had a good night’s sleep in a long time, and it is important to have shelter and a safe place where he won’t be bothered. -Nathan Porter shared that he is in support of the request and that more shelter beds will help with the drain on resources that are creating budget problems. Mr. Porter continued that he has witnessed many people be subject to mental and bodily harm while living on the street. -Jerome Chapman stated that he has been at the campus for two years due to a hardship in a relationship that went south, and that adding more beds would help with the growth in the area and that they really do need the help. -Richard Crist stated that it would be great to open another shelter, especially for those with mental illness and it would help those like him, who are on the streets. -Reynold Arrajo shared that he has been homeless for eight years, he sleeps on the streets, and that more shelter beds will be helpful since the streets are not safe at night. Mr. Arrajo added that if he could get good rest, it would be a blessing for him. Central City Village Planning Committee Meeting Summary Z-SP-2-19-7 October 12, 2020 Page 9 City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 -Dayru shared that he stays at CASS and they can do more to help people get the most help they can, and this affects everyone experiencing homelessness now and those in the future. -Chris shared that the Andre House is worth the investment, and they are the best hospitality in the area and asked to get rid of the tents in the area by approving the request for more beds. -Dory Salas shared that she has lived at CASS for the past two and a half months, and they need more shelter beds to help those who need a place to sleep. Ken Swenson stated that works near 16th Street and University and supports adding more beds to buildings that are already in use by Andre House and the Human Services Campus. Mr. Swenson added that he sees the poor conditions those experiencing homelessness endure like sleeping on the pavement and in the brutal summer heat, and the community should lend a helping hand to those in need. Mr. Swenson concluded that the facilities are already there, the stipulations are positive to the neighborhood and asked committee not to table the vote. Alexandra Lesnik shared she lives in the Oakland neighborhood, supports the request and has grown to know many people who have been experiencing homelessness, for example Monica, who sleeps in a tent on 9th Avenue and has severe diabetes and ended up in the hospital in critical condition. Ms. Lesnik continued that Jane stays by a local park and tries hard to get everything that she needs but her belongings get stolen every few months, and she yearns for a safe place to stay. Ms. Lesnik added that she has known many people who have died on the streets such as Mark, who passed away in his tent on 9th Avenue, Gilbert who passed away in a tent nearby, Jose who died in front of the Human Services Campus and was 23 years old, and John who became ill and couldn’t get medical care and died in the hospital. Ms. Lesnik stated that those men died in the heat of the summer and had names and lives and she mourns the loss of their lives. Ms. Lesnik stated that no one should have to live in fear that they will be the next to die on the streets due to inadequate shelter, and if Mark, Gilbert, Jose and John would be have sheltered, they would be alive today. Ms. Lesnik concluded that we can honor their lives by ensuring that no one else dies on the same streets that they did and this request cannot wait and it is an emergency as people are dying on the streets. Ms. Lesnik urged the committee to support the request. Bethany Heng shared that she lives in the same neighborhood as HSC and is a clinical coordinator in the area. Ms. Heng added it is widely known that shelters are often full and there are waitlists for clients to receive low-income housing. Ms. Heng stated that she wants to see homeless individuals in her neighborhood have access to a safe place to sleep, bathrooms, and support. Ms. Heng gladly welcomes the addition of the beds to her neighborhood as it is a simple request of basic shelter. Ms. Heng concluded that this is the absolute minimum the city can do to help those in need, she recently lost her job and without assistance from family and friends, she could have lost her apartment and it is important to remain empathetic and not become hardened. Central City Village Planning Committee Meeting Summary Z-SP-2-19-7 October 12, 2020 Page 10 City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 Alex Rempel stated that he lives on 5th Avenue and Fillmore and volunteers with pop- up food distribution and interacts with those experiencing homelessness frequently. Mr. Rempel stated that this request is extremely important as he was a risk of being unsheltered and it is a painful and frightening experience. Mr. Rempel added that access to a bed is a matter of life and death and getting people off the street would help the conditions of those experiencing homelessness and improve conditions of the area. Zoe De Leo shared that she supports the request as she worked with the development and implementation of the Clean Zone program in the area, and the Clean Zone program was created in response to the neighborhood concerns about trash in the area. Ms. De Leo continued that this program allows those who are experiencing homelessness to go out twice per week to collect trash in exchange for vouchers and most of her job was to find ways to improve the program, and she sat in on the neighborhood meetings and heard similar concerns to those that were shared during this meeting. Ms. De Leo shared that people don’t want to live in filth and she had volunteers who want to make their community better. Ms. De Leo added that the volunteers were kind and hardworking and she never felt unsafe when she was in the area. Ms. De Leo stated that is easy to stigmatize those who are experiencing homelessness as criminals, but they are humans who are dying on the streets. Ms. De Leo shared that she saw on two separate occasions individuals who had passed away in their tents and no human should die alone in a tent on the street, especially when there is a shelter that has space for beds. Ms. De Leo concluded that having shelter is a basic necessity and that the applicant is committed to addressing concerns and asked that this decision not be delayed because as time goes on there are more people dying on the streets and slipping through the cracks. Shelly Daniels shared that the request to increase the number of beds since the special permit was originally approved 17 years ago is consistent with the population growth that has occurred since then. Ms. Daniels added that food, water and shelter are basic needs and that so much of the anger that is directed towards Andre House should be directed towards state and city officials. Ms. Daniels shared that sometimes you must make a decision and choose a path with love and empathy and that while Andre House might not be perfect, they are trying to do everything that they can to help others. Jessica Bueno stated that she is president of the Oakland Neighborhood Association and that the group is not in support of the request. Ms. Bueno shared that they approve of the original special permit request for 425 beds established in 2003 and while they support the work done at the campus, the request to increase the number of beds will adversely impact the Capitol Mall Overlay area. Ms. Bueno shared that residents do not feel safe, alleys are used as restrooms, and an attempted kidnapping at a local school prove that the HSC is not equipped to deal with the original approved capacity for beds. Ms. Bueno added that in contrast the Phoenix Rescue Mission has support Central City Village Planning Committee Meeting Summary Z-SP-2-19-7 October 12, 2020 Page 11 City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 from the neighborhood and their program helps those get back on their feet. Ms. Bueno concluded by saying that HSC has no implementation or mitigation plan, and there is no transparency and the last 15 years speak for themselves. Grace D’Antuono shared that she lives in the Oakland neighborhood and supports the request. Ms. D’Antuono stated that she has volunteered at the Andre House and befriended and woman named Ally, who is seriously mentally ill and has limited access to medications and healthcare. Ms. D’Antuono continued that Ally cannot stay in CASS and her health and physical wellbeing have deteriorated due to sleeping outside. Ms. D’Antuono shared that the creation of the low-barrier shelter is critical to those with mental illness and asked the committee not to table this request. John Saccoman shared that he has been in the neighborhood for 22 years and that the community was told that there would be no further additions to the number of beds. Mr. Saccoman added that it is inhumane the way that the homeless are treated but the request will only add to the problem. Mr. Saccoman stated that most of the people who support this request do not live in the neighborhood and that his community must live with this issue everyday and that the stipulations are promises that cannot be kept. Silverio Ontiveros shared that he lives in the Grant Park neighborhood and he opposes the request. Mr. Ontiveros shared that he interacts with those experiencing homelessness daily as they are living in the park, in the alley, on APS property and other places in the neighborhood. Mr. Ontiveros shared that his main concern is the actual and perceived danger of drug abuse and mental health of many homeless citizens, and he encourages the Maricopa Association of Governments to construct satellite sites and affordable housing in other Maricopa County cities. Mr. Ontiveros added that people are better served in their own community rather than being dumped in an unfamiliar place. Mr. Ontiveros concluded that big isn’t always better and asked the applicant to adopt the stipulations for a one-year probationary period before the bed capacity can increase. Doug Newtown shared that he lives on 1st Avenue and Monroe Street and strongly supports the request. Mr. Newton continued that that HSC doesn’t create the need for their services, that is created for them by society and HSC reacts effectively to try and serve those who need shelter. Mr. Newtown added that the inhumane reality is that if the beds do not increase, there is a substantial overflow problem with overnight sheltering in the neighborhood, and if there is more capacity in the existing buildings on the campus it will mitigate the problems the neighborhood is feeling. Laurel Dianne Langmade shared that she opposes the request, she sent Mr. Gilbert notes on the proposed stipulations and got no response, and she doesn’t trust the applicant to stand by the stipulations. Ms. Langmade shared that during the day those experiencing homelessness are in her neighborhood looking for shade and they don’t have any place to go to the bathroom or have any food. Ms. Langmade added that putting many people with mental health issues in one area will not provide them the Central City Village Planning Committee Meeting Summary Z-SP-2-19-7 October 12, 2020 Page 12 City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 services they need. Ms. Langmade concluded that the City’s homelessness plan isn’t finalized yet and asked the committee to deny the request. Councilmember Carlos Garcia thanked the everyone in attendance and shared that it is unfortunate that this discussion is centered around a rezoning case and not the plan being drafted by the city. Councilmember Garcia clarified that the plan was for the city and county to build five of these shelters, and for whatever reason 20-30 years ago they stopped at one. Councilmember Garcia continued that both the city, county and state governments have failed their communities. Councilmember Garcia added that is hard to listen to comments blaming those providing services when city officials should have helped provide more resources and added stipulations in the first place, so things didn’t progress to how they are now. Councilmember Garcia asked those who passionately spoke at this meeting to help get the county and state involved with the homelessness plan that is currently being proposed, and the 18 percent increase in homelessness that happened this year could have been a lot worse and when the eviction moratorium ends in December the number of those experiencing homelessness could double and triple. Councilmember Garcia continued that these are sensitive times and during this pandemic if we’ve learned anything it is to support each other and try to find solutions. Councilmember Garcia asked for help in advocating at City Council for creating more shelters, providing more resources to start solving the mental health and substance abuse issues and to push the city to create those smaller shelters and added that while mega shelters are not the answer, they are out of alternatives. Councilmember Garcia concluded that he understands the pain of those in the neighborhood and he hopes we can all come to a solution so that they don’t feel the burden, and he spoke with committee member Olivas, who he doesn’t want to be portrayed as someone who doesn’t have compassion for those unsheltered individuals, and that the neighbors also have compassion but feel that they have been left behind with this issue. Councilmember Garcia ended that this a complex issue, he congratulated the group on the robust discussion that was held and that he hopes they will continue this discussion after this rezoning case to work on solutions to the problems discussed during the meeting. Paul Gilbert shared that he agrees with Councilmember Garcia’s comments and the issue is whether you can trust the Planning staff, who have worked for almost two years to create thorough and complete stipulations that address the issue as best it can be addressed. Mr. Gilbert added that the stipulations will go a long way towards solving the problem and frankly the stipulations are burdensome to the applicant, but they will try to meet them and ask for the opportunity to meet them. Mr. Gilbert shared that that the comments about cleanups being inadequate floored him, because the stipulations require daily cleanup of a ten-mile area every single day. Mr. Gilbert added that there is a significant misunderstanding about the low-barrier shelter and there is a significant need for that service, which doesn’t mean you will bring in more dangerous people, it means they will bring in 100 people that don’t meet the standard situation of those experiencing homelessness and they have special needs. Mr. Gilbert added that many people who live in the neighborhood spoke in support of the request. Mr. Gilbert Central City Village Planning Committee Meeting Summary Z-SP-2-19-7 October 12, 2020 Page 13 City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 continued that one of the last speakers mentioned that the stipulations are not enforceable and simultaneously requested that they be given a probationary period, which is exactly what these stipulations do. Mr. Gilbert added that after one year, the applicant goes back to City Council for a public hearing and all the neighbors can come and testify whether the applicant has abided by the stipulations, which is effectively a probationary period. Mr. Gilbert concluded by asking for the opportunity to prove they can make the situation much better and that these stipulations can work and bring a major change in the neighborhood. Shannon Dubasik shared that the neighborhood she has worked in for over 25 years has seen the negative impact of the increase of those experiencing homelessness, her building was broken into, windows were broken, and personal items were stolen. Ms. Dubasik continued that is it ridiculous that they have to put up with this, it is not safe, and she does not support the request. Dana Johnson shared that the street cleanups is the elephant in the room and asked how much money the city has spent to clean up the area around the special permit. Mr. Johnson continued that in the past year the city has spent untold hundreds of thousand of dollars cleaning up the mess induced by this campus. Mr. Johnson asked that the committee look at this request from a zoning perspective, and the purview of the committee is to review the request in terms of impacts of the zoning to the surrounding community, and if any other special use permit were to come before the committee with negative impacts to the surrounding area, the committee would deny the request. Mr. Johnson added that the committee shouldn’t reward bad behavior and in lieu of tabling this item, they should be looking into revoking the special permit, and that services should be dispersed and this request disincentivizes the City to investigate shelters in other parts of the city. Mr. Johnson thanked Councilmember Garcia for speaking even though this request is not is his district, and the councilmember for District 7 didn’t come out and talk to the committee. Michael Langley thanked everyone for participating in the robust debate and asked if the request is approved, if the applicant does not meet stipulations if there is a fine, sanction or penalty that can placed on the applicant for not meeting their stipulations. Ms. Stockham responded that per the stipulations, this request is reviewed annually through a public hearing process and through that process the Planning Hearing Officer can impose more stipulations and more reviews. Mr. Stephenson added that the review process is built in to ensure that the applicant continues to do what they are supposed to do and as this moves forward in time, there is a continued dialogue with the neighbors and as part of that review in the future if there is noncompliance there could be a recommendation to pursue revocation. Mr. Stephenson continued that one of the complicated factors with this case is that the campus was owned and operated by Maricopa County for many years and legally the City of Phoenix is a lower governmental authority than Maricopa County and therefore the City of Phoenix cannot tell Maricopa County how to run things even though the buildings may be located in the City of Phoenix. Mr. Stephenson stated that they recognize the concerns of the Central City Village Planning Committee Meeting Summary Z-SP-2-19-7 October 12, 2020 Page 14 City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 community and that is why the stipulations require continual dialogue with the community and annual reviews that go up to the City Council to ensure that the promises that are made are pursued and met. Councilmember Nowakowski thanked the members of the committee for volunteering their time to listen to the community on this issue. Councilmember Nowakowski added that the work CASS does is incredible, should be spread out across Maricopa County and there shouldn’t be only one center, there should be 13 centers across the county per the plan that should have been implemented 20 years ago. Councilmember Nowakowski continued that the City of Phoenix was the only city to implement the plan and it is sad there is only one CASS and other cities are sending their homeless individuals to Phoenix. Councilmember Nowakowski shared that his concern is for the City of Phoenix to take care of its residents, and that this Hispanic and African American neighborhood is being taken over by individuals that don’t live in the neighborhood, citing an example of residents that are awakened at night by individuals using their water hose to take a shower or get a drink of water, and students at Capitol School that have seen individuals expose themselves. Councilmember Nowakowski continued that the area doesn’t have grocery stores or restaurants due to the stereotype of the neighborhood and the applicant has a requirement for 425 beds and they are asking to bring more individuals into the community that will worsen the stereotype. Councilmember Nowakowski continued that city has spent millions of dollars in upgrading the affordable housing in the city such as at 7th Avenue and Buckeye Road and in revitalizing the area, and has spent around 26 million dollars on an annual basis on police, streets, public works and neighborhood services to take care of the area around the CASS center. Councilmember Nowakowski continued that some residents in the area step in feces on their way to their cars and the area is a working-class neighborhood where individuals have two jobs to support their families, some of whom are afraid to call the police. Councilmember Nowakowski continued that those residents call his office asking for help and support and asked the committee to drive around CASS, see what is going on and if they would want that in their backyard. Councilmember Nowakowski continued that they should have a regional approach where other cities have shelters, and that other cities should take their share of the responsibility for caring for those experiencing homelessness and that would make a big impact on those experiencing homelessness in the area. Councilmember Nowakowski added that he hears the cry of the community in the area and a city park had to be fenced because a child was molested by an individual from CASS, and it is wrong to not feel safe at a city park. Councilmember Nowakowski asked the committee to do the right thing and ensure that they represent the whole village, and this part of the Central City Village is hurting right now and asked for the support of the community to go out to other cities and asking them to take their share of the issue. Councilmember Nowakowski continued that putting 1,000 beds in central Phoenix will not end homelessness, but when other cities take their fair share of the issue it will make the most impact, and that the nonprofits do great work but can bring negative impacts to the community. Councilmember Nowakowski concluded by asking the committee to recommend denial and to support a regional approach to homelessness Central City Village Planning Committee Meeting Summary Z-SP-2-19-7 October 12, 2020 Page 15 City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 where other cities take their fair share of the beds. Councilmember Nowakowski added that the community is looking at a couple of attorneys to do pro bono work to ask the Justice Department to come in because this is an environmental justice issues because of the low-income area and the individuals that live in the area, and this would never happen in any other part of the city except for South Phoenix or Maryvale. Councilmember Nowakowski concluded by asking the committee to do the right thing. Motion: Eva Olivas motioned to recommend denial of Z-SP-2-19-7. Dana Johnson seconded the motion. Discussion: Will Gaona asked for clarification that a yes vote is to recommend denial. Ms. Stockham replied affirmatively. Eva Olivas also asked clarification on what a yes vote means. Ms. Stockham replied a yes vote is to recommend denial. Nate Sonoskey shared that he will vote no and not recommend denial, however, there does need to be a regional solution to this issue. Vote: 3-6, Motion to deny fails, with committee members Dubasik, Johnson and Olivas in favor and committee members Starks, Burns, Gaona, Langley, Lockhart, and Sonoskey in opposition. Motion: Michael Langley motioned to recommend approval of Z-SP-2-19-7 per the staff recommendation. Zach Burns seconded the motion. Discussion: Will Gaona shared that he has serious reservations about this request and that some of the stipulations are counterproductive, but he is committed to continuing to work through this and he will be voting yes. Michael Langley shared that the stipulations regarding the police give him pause but it is necessary at this point to move forward as this proposal has been on the table for quite a while, and he will be voting yes. Vote: 6-3, Motion to approve passes, with committee members Starks, Burns, Gaona, Langley, Lockhart, and Sonoskey in favor and committee members Dubasik, Johnson and Olivas in opposition. Central City Village Planning Committee Meeting Summary Z-SP-2-19-7 October 12, 2020 Page 16 City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS: None.