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Public Hearing and Ordinance Adoption - Rezoning Application PHO-1-23--Z-SP-
2-19-7 - Southeast Corner of 13th Avenue and Madison Street (Ordinance G-
7240)

Request to hold a public hearing and authorize the City Manager, or his designee, to
consider the Planning Hearing Officer's recommendation on matters heard by the
Planning Hearing Officer on June 21, 2023.

Summary
Application: PHO-1-23--Z-SP-2-19-7
Existing Zoning: A-1 SP CMOD
Acreage: 14.53

Owner: Human Services Campus Inc., et al.
Applicant: Andy Jochums, Gilbert Blilie, PLLC
Representative: Paul Gilbert, Gilbert Blilie, PLLC

Proposal:
1. Modification of Stipulation 2 regarding a three-year review of the total beds in Area
A.
2. Modification of Stipulation 3 regarding temporary beds within Areas A and B for
three years from approval.
3. Modification of Stipulation 3.a regarding temporary beds within Area A after three
years from approval.
4. Review of the Special Permit by the Planning Hearing Officer per the requirements
of Stipulation 17.

VPC Action: The Central City Village Planning Committee heard this request on June
12, 2023, and recommended approval in part, with no recommendation on Stipulations
3 and 3.a, by a vote of 11-3.
PHO Action: The Planning Hearing Officer took the case under advisement on June
21, 2023. On Feb. 5, 2024, the Planning Hearing Officer took the case out from under
advisement and recommended approval with modifications.

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Location
Southeast corner of 13th Avenue and Madison Street
Council District: 7
Parcel Address: 213 S. 11th Ave.; 204, 206, 210, 220, 230, and 232 S. 12th Ave.; 925,
926, 930, 1075, and 1125 W. Jackson St.; and 1201 W. Madison St.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.

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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.

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• 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

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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

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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

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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

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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.

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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

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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.

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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)

Page 213
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.

Page 214
Page 215
ATTACHMENT B

Village Planning Committee Meeting Summary
PHO-1-23--Z-SP-2-19-7

Date of VPC Meeting: June 12, 2023
Date of Planning
Hearing Officer Hearing: June 21, 2023
Request: 1) Modification of Stipulation 2 regarding a three-year
review of the total beds in Area A
2) Modification of Stipulation 3 regarding temporary
beds within Areas A and B for three years from
approval
3) Modification of Stipulation 3.a regarding temporary
beds within Area A after three years from approval
4) Review of the Special Permit by the Planning
Hearing Officer per the requirements of Stipulation
Location: Southeast corner of 13th Avenue and Madison Street
VPC Recommendation: The VPC held the review, and recommended approval in
part with no recommendation on Stipulation Nos. 3 and
3.a.
VPC Vote: 11-3

VPC DISCUSSION:

13 members of the public registered to speak on this item, nine in support, four in
opposition.

Committee Members Rachel Frazier Johnson and Ali Nervis joined the meeting during
this item, bringing quorum to 14 members.

STAFF BACKGROUND PRESENTATION

Sarah Stockham, staff, provided a background presentation, described the location of
the request and the surrounding area, reviewed the modifications requested by the
applicant, and described the history of previous approvals of the case.

200 West Washington Street, 3 rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882

Page 216
Central City Village Planning Committee
Meeting Summary
PHO-1-23--Z-SP-2-19-7

APPLICANT PRESENTATION
Paul Gilbert, representing the applicant with Beus Gilbert McGroder PLLC, reviewed
the services provided by the Human Services Campus (HSC), the history of the special
permit case, and Stipulation No. 17 requiring PHO review after two years. Mr. Gilbert
further described the previous two years of activity at the HSC, noting that the facility is
at full capacity, and reviewed the requested modifications to Stipulation Nos. 2, 3, and
3.a.

QUESTIONS FROM COMMITTEE
Committee Member Panetta asked for clarification on Stipulation No. 3 and the
reason for removing the language. Mr. Gilbert replied that the stipulation required that
the temporary bed count automatically be reduced to 75 after the three-year period and
added clarification about the weather events related to the stipulation.

PUBLIC COMMENTS
Rick Mitchell introduced himself and spoke in favor of the proposal, describing the
work done by the Homeless ID Project, the increase in activity for the organization, and
the success of the group.

Vicki Phillips introduced herself as affiliated with Community Bridges, Inc. and spoke
in support of the stipulation modifications, highlighting the work done by the
organization with HSC.

Brandi Ryan-Cabot introduced herself and stated that she supports the stipulation
modifications, noting the increase in the number of unsheltered people and that limiting
beds would be a waste of previous investments.

TJ Swearengin introduced himself as the Board Chair of HSC and spoke in favor of
the request, highlighting that the homelessness issue is a national problem. He
reviewed the work of HSC and stated that reducing beds at this time would be
counterproductive.

Ian Francis introduced himself as affiliated with the Madison Pioneers Coalition and
spoke in opposition to the request, stating that the neighborhood worked hard to get
the stipulations approved with the original case and that the applicant has failed at
many of the stipulations.

John Westerdale introduced himself and spoke in opposition to the request, stating
that the neighbors are overwhelmed and that the stipulations were developed to protect
the area and should remain in place.

Korhan Kaftanoglu introduced himself and stated that he was opposed to the
changes requested by the applicant, noting that the cleanups described by the
applicant are not happening.

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 217
Central City Village Planning Committee
Meeting Summary
PHO-1-23--Z-SP-2-19-7

Patrick Tighe introduced himself as a board member of HSC and spoke in favor of the
request, highlighting the increase in evictions and that HSC has complied with the
stipulations.

Joshua Utter introduced himself and spoke in support of the proposal, stating that
homelessness continues to grow and there is a need for beds and that more shelters
should be built in other parts of the city.

Jessica Berg introduced herself as affiliated with St. Vincent DePaul and spoke in
support of the request, noting that it would be disastrous for HSC to decrease the
number of beds and the ability to bring additional homeless people inside the facility.

Mike Langley introduced himself and spoke in support of the request, stating that
homelessness is a housing problem.

Jannah Scott introduced herself and spoke in support of the request, highlighting that
if beds are removed, the situation around HSC will get worse and that much of the
homeless population are elders.

Chelsea Friday introduced herself and spoke in opposition to the request, stating that
the three-year review should not be removed and that the stipulations protect the
surrounding area, further noting that homeless shelters should be more spread around
the valley.

APPLICANT RESPONSE
Paul Gilbert stated that the stipulations in question were added at the end of the
process when the case was initially approved and that the remaining stipulations add
protection to the community, not the stipulations requested to be modified. Mr. Gilbert
stated that the HSC does the necessary cleanups around the facility, adding that in the
quarterly meetings held by HSC, they have not been provided any of the information
brought up by the opposition.

COMMITTEE DISCUSSION
Committee Member Olivas stated that it’s important to work together on this issue,
that other neighborhoods see the issues around HSC and do not want shelters in their
area, and that the HSC needs accountability for the problems in the area around the
facility, adding that she opposes the request.

Vice Chair O’Grady asked for clarification on the City’s interpretation of Stipulation No.
3.a and whether the number of emergency beds would be reduced from 200 to 75. Ms.
Stockham stated that is the City’s interpretation and it would be three years from 30
days after City Council approval of the item. Vice Chair O’Grady stated that the
reduction in emergency beds would happen in March 2024.

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 218
Central City Village Planning Committee
Meeting Summary
PHO-1-23--Z-SP-2-19-7

Committee Member Burns asked where the stipulations in question came from. Ms.
Stockham stated that stipulations were modified multiple times up to City Council
adoption and that the idea of a three-year limit originated at the Planning Commission.

Committee Member Uss stated that the three-year cap in the stipulations is arbitrary
and doesn’t seem necessary.

Committee Member Rachel Frazier Johnson asked for clarification on the
stipulations approved by the Planning Commission. Ms. Stockham read Stipulation
Nos. 3 and 3.a, as approved by the Planning Commission.

Committee Member Sonoskey asked about the process for the three-year review.

Racelle Escolar, staff, stated that the three-year review would be a PHO process.

Committee Member Nervis asked Ms. Olivas if the remaining stipulations provide
adequate accountability for the HSC. Ms. Olivas replied that the stipulations were an
agreement and HSC should continue to follow the stipulations.

Vice Chair O’Grady suggested that the committee should maintain the required review
but not reduce the number of beds.

Committee Member Panetta reviewed the stipulations modifications requested by the
applicant, stating that the reason for the modification to Stipulation No. 2 is to not make
them return in one year for review and that the request to modify Stipulation Nos. 3 and
3.a is not maintaining what was agreed to in the original case.

Committee Member Martinez provided clarification on the language requested to be
removed from Stipulation No. 2.

Committee Member Olivas stated that the stipulations in question were included
because there were concerns about compliance.

MOTION – STIPULATION NO. 2
Patrick Panetta made a motion to recommend approval of the modification to
Stipulation No. 2 for PHO-1-23--Z-SP-2-19-7. Darlene Martinez seconded the motion.

VOTE – STIPULATION NO. 2
11-3, Motion to recommend approval of the modification to Stipulation No. 2 for PHO-1-
23--Z-SP-2-19-7 passed, with Committee Members Burns, Gaughan, Martinez, Nervis,
Panetta, Sherman, Sonoskey, Uss, Vargas, O’Grady, and Gonzales in favor; and
Committee Members Johnson, R. Johnson, and Olivas opposed.

Committee Members Uss and Panetta discussed and agreed that since the motion
only addressed Stipulation No. 2, there should be another motion addressing

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 219
Central City Village Planning Committee
Meeting Summary
PHO-1-23--Z-SP-2-19-7

Stipulation Nos. 3 and 3.a. Chair Gonzales agreed and asked for another motion to
address the remainder of the request.

MOTION – STIPULATION NOS. 3 AND 3.A
Ash Uss made a motion to recommend approval of the modifications to Stipulation
Nos. 3 and 3.a for PHO-1-23--Z-SP-2-19-7. Zach Burns seconded the motion.

VOTE – STIPULATION NOS. 3 AND 3.A
6-8, Motion to recommend approval of the modifications to Stipulation Nos. 3 and 3.a
for PHO-1-23--Z-SP-2-19-7 failed, with Committee Members Burns, Nervis, Sonoskey,
Uss, Vargas, and O’Grady in favor; and Committee Members Gaughan, Johnson, R.
Johnson, Martinez, Olivas, Panetta, Sherman, and Gonzales opposed.

No further motions were made, and the committee concluded discussion on this item.

STAFF COMMENTS REGARDING VPC RECOMMENDATION:

None.

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 220
ATTACHMENT C

REPORT OF PLANNING HEARING OFFICER ACTION
Adam Stranieri, Principal Planner, Hearing Officer
Camryn Thompson, Planner I, Assisting

June 21, 2023

ITEM NO: 5
DISTRICT 7
SUBJECT:

Application #: PHO-1-23--Z-SP-2-19-7
Location: Southeast corner of 13th Avenue and Madison Street
Zoning: A-1 SP CMOD
Acreage: 14.53
Request: 1) Modification of Stipulation 2 regarding a three-year review
of the total beds in Area A.
2) Modification of Stipulation 3 regarding temporary beds
within Areas A and B for three years from approval.
3) Modification of Stipulation 3.a regarding temporary beds
within Area A after three years from approval.
4) Review of the Special Permit by the Planning Hearing
Officer per the requirements of Stipulation 17.
Applicant: Andy Jochums, Beus Gilbert McGroder PLLC
Owner: Human Services Campus Inc., et al.
Representative: Paul Gilbert, Beus Gilbert McGroder PLLC

ACTIONS:

Planning Hearing Officer Recommendation: The Planning Hearing Officer took
the case under advisement. On February 5, 2024, the Planning Hearing Officer
took the case out from under advisement and recommended approval with
modifications.

Village Planning Committee (VPC) Recommendation: The Central City Village
Planning Committee heard this request on June 12, 2023 and recommended
approval in part, with no recommendation on Stipulation Nos. 3 and 3.a, by a
vote of 11-3.

DISCUSSION:

Paul Gilbert, representative with Beus Gilbert McGroder PLLC, stated that the
Human Services Campus (HSC) was a setting for different organizations and
agencies to work together to offer many services and that providing shelter beds
was only one of the many services provided. He reviewed Stipulation 17 which
required a two-year review of the Special Permit and noted that the applicant had
three additional requests for modifications of other stipulations, in addition to the

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required review. He provided an overview of the HSC operations since approval
of the Special Permit, discussing requirements regarding regular cleaning of
public rights-of-way, providing trash receptacles and restroom facilities, quarterly
outreach meetings, and working to expand regional resources and services. He
stated that the applicant had been faithful in meeting all stipulated requirements.
He stated that at the June 21, 2023 Central City Village Planning Committee
(VPC) meeting, Ian Francis had claimed that the applicant had not met all of the
stipulations, including Stipulation 6 regarding cleaning public rights-of-way. He
stated that he disagreed and had invoices from a third-party cleaning company
that proves that the stipulation was met.

Mr. Gilbert stated that although some modifications were requested, the
remaining stipulations still required quarterly meetings and annual reports that
kept HSC accountable. He referenced Stipulations 2 and 3 and said that another
review a year from the current hearing was unnecessary given the current review
of the Special Permit and other required reviews. He reviewed Stipulation 3.a
and argued that the existing stipulated reduction of allowed emergency beds
after three years was arbitrary. He explained that the requested modification was
to remove the automatic reduction of beds and keep the remainder of the
stipulation which authorizes the Planning and Development Director to determine
the number of beds permitted.

Scott Hall, Deputy Director for the City of Phoenix’s Office of Homeless
Solutions, stated that he was in support of the proposal, and that any reduction in
shelter beds would be devastating to the effort to reduce unsheltered
homelessness.

Angela Ojile, Chair of the Madison Pioneers Coalition, a nearby neighborhood
organization, stated that the applicant had failed to comply with the stipulations of
the Special Permit. She stated that there had been issues with violence in the
area and that some people who need services were not willing to go into the
area. She stated that there had been issues with excessive trash and that the
sidewalk was unusable as a result. She stated that the company hired by HSC
inadequately cleaned public rights-of-way and that HSC should be held
accountable. She stated that the issues had caused the properties in the
neighborhood to be unmarketable and lose their value. She stated that the
stipulated additional three-year review should remain.

Mike Langley, community member and former Central City Village Planning
Committee member, stated that he worked professionally monitoring and
engaging in local housing security. He stated that housing insecurity was caused
in part by a lack of affordable housing in the city that needed to be addressed. He
stated that shelter beds were also needed to address housing security and that
the number of permitted shelter beds should not be reduced.

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Laurel Langmade, community member, requested that Mr. Gilbert meet with her
in person to tour the area. She referenced the City of Phoenix’s Strategies to
Address Homelessness Plan and stated that no single neighborhood should bear
the full weight of providing shelter services for the region. She stated that there
was good reason to limit the number of shelter beds at the HSC campus because
of the effects that are caused by concentrating beds in one facility. She stated
that on several occasions she and others have asked to see the security master
plan required by Stipulation 13 but have been denied by the HSC director. She
suggested that a stipulation be added that would require the security master plan
to be reviewed. She stated that there has been an increase in incidents of
property damage, higher operating costs for property owners in the area, and
increases in emergency service calls, crime, and fire damage in the area. She
stated that HSC was not adequately helping the area. She stated that the
required restroom facilities were frequently inaccessible due to repairs. She
stated that the trash receptacles are often overflowing, and that the area was not
being cleaned twice per day and seven days per week as stipulated.

Mr. Gilbert stated that the cleaning company was diligently doing their required
daily cleanups but stated that it was difficult for them to keep the area clean due
to the several hundred unsheltered people in the area. He stated that HSC
planned to continue the quarterly meetings and was willing to work with the
community on cleanup efforts. He addressed the concerns regarding the
concentration of services in the area and agreed that shelter services need to be
available in other areas. He stated that it was stipulated that HSC create other
campuses and that they had worked towards meeting those stipulations. He
stated that a Phoenix Police Department staff member was on the HSC board
and that Police Department staff have also been present at the quarterly
meetings to address crime issues. He noted that many crimes occur in the area
outside of the HSC, which the HSC is not obligated to control. He stated that the
applicant is providing more restroom facilities, and for longer times, than what is
required by the stipulations.

Adam Stranieri, Planning Hearing Officer, stated that staff received public
correspondence regarding the case prior to the hearing. He asked if there had
been any need for HSC to contract to sell or reserve bed space as referenced in
Stipulation 2.b. Mr. Gilbert stated that there had not.

Mr. Stranieri asked where the temporary beds permitted by Stipulation 3 were
located. Amy Schwabenlender, the Executive Director of the HSC, stated that all
the beds are placed in Area A and that there were no plans to locate any within
Area B.

Mr. Stranieri asked for further information regarding the stipulated quarterly
meetings. Mr. Gilbert stated that the meetings were held quarterly as required

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and were regularly attended by more than 70 individuals, including members of
the neighborhood and adjacent property owners.

Mr. Stranieri asked how effective the efforts had been to move the queueing for
services from public rights-of-way to onsite. He asked whether this has been
effective in managing potential congregation in public rights-of-way. Ms.
Schwabenlender stated that no queueing for services in Area A have been
needed in public rights-of-way. She noted that for Area B, a gate was opened to
enable people to cross Jackson Street to access Area B for evening meals
directly, rather than having queuing and movement leading around the block. Mr.
Stranieri clarified that Stipulation 25 specifically addressed Area A and
understood her to be saying that there had been no specific, designated area
created because there had been no issue with queueing in the rights-of-way. Ms.
Schwabenlender confirmed his understanding and stated that in fact the HSC
property in general could be considered the designated space for queuing.

Mr. Stranieri asked about HSC’s involvement in efforts to implement regional
solutions. He explained that this was a major focus of the original approval and
that there were multiple stipulations, including Stipulations 14, 16, and 29, that
each make unique references to these concerns. Mr. Gilbert stated that HSC
was involved in the Maricopa Association of Governments (MAG) Regional Plan,
the Arizona State University (ASU) Action Nexus, and has also been working
with the City of Phoenix to open shelters around the city including the
Washington Relief Center, Project Haven, North Mountain Healing Center, and
St. Vincent de Paul.

Mr. Stranieri asked for clarification regarding the MAG Regional Plan efforts that
HSC had been involved in. Ms. Schwabenlender stated that she and other staff
members are involved in the workgroups and committees tied to the Regional
Plan efforts. She stated that the HSC had been one of the few locations providing
a point of entry for various homeless services, but there are now more than 30
others.

Mr. Stranieri asked for clarification regarding the HSC’s involvement related to
the ASU Action Nexus project. Ms. Schwabenlender explained that the HSC
shares grant money with ASU that provides resources such as interns and
participates in developing regional strategies and implementing conversations
involving staff from both entities.

Ms. Ojile stated that there had been violence on the HSC campus and that she
had seen a young man be stabbed to death. She stated that members of the
Madison Pioneers Coalition had been attacked. She stated that she felt like her
and her fellow members’ approval of the case had been misrepresented by Mr.
Gilbert. She expressed concern with having a member of the Phoenix Police
Department sit on the HSC board, stating that it could lead to a conflict of

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interest. She expressed concerns with trash and stated that she would like to
meet with both Mr. Gilbert and City staff in the area to show them what her street
looked like on a regular basis.

Ms. Langmade expressed concern that there were never any members of the
Central City Village Planning Committee in attendance at the quarterly meetings
and rarely was there a Phoenix City Council member or a City Council District
Office staff member. She reiterated her interest in meeting with Mr. Gilbert in
person in the area for a tour.

Mr. Gilbert stated that HSC served over 12,000 people a year. He stated that he
was shocked that the presence of a Phoenix Police Department employee on the
HSC board was being criticized as he believed that due to the issues of crime in
the area, a representative of the Police Department on the Board of Directors
would be appropriate. He stated that he had visited HSC many times and would
honor the request to meet with the speakers who had requested him to do so.

Mr. Stranieri stated that due to the extensive information provided by the
applicant in the presentation, which was not provided in the initial submittal,
recently received public correspondence that he had not had an opportunity to
review in detail, and the unique information shared in the public comments, he
would take the case under advisement. He explained the process for taking a
case under and out from under advisement and stated that all individuals that
were registered and who had participated in the hearing would receive notice of
the decision concurrently with the applicant.

FINDINGS:

1) In their application materials and presentation, the applicant addressed all
requested issues of stipulation compliance. These include, but are not
limited to, not selling or reserving bed space (Stipulation 2.b), providing
and maintaining required trash/recycling receptacles and toilet facilities
(Stipulations 4 and 5), identifying and implementing strategies to address
regional homelessness with multiple partner organizations (Stipulation 14),
conducting quarterly public meetings and other public outreach with
multiple stakeholders (Stipulation 15), and producing an annual report on
operations (Stipulation 16).

In supplemental materials requested by staff, the applicant discussed
compliance with Stipulation 6, regarding maintenance of public rights-of-
way within a designated area. They stated that HSC operates a voluntary
cleaning program that supplements the professional street cleaning and
involves employees, outreach staff, and clients.

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2) The request to modify Stipulation 2 to delete the 3-year review
requirement is recommended to be approved. This recommendation
includes retaining the requirement for a 2-year review (see Finding #5
regarding Stipulation 17). That review is inclusive of all stipulations and
issues throughout the subject property and there is no need for a separate
review to solely address bed count independent of the more
comprehensive review addressed in Stipulation 17.

3) The request to modify Stipulation 3 regarding temporary beds is
recommended to be approved with a modification. The modification is to
delete the entirety of the first clause of the first sentence regarding the
timing of the PDD Director’s authority to approve temporary beds. These
temporary beds were approved by the PDD Director after approval of the
Special Permit. There is no need to retain the time delay at this point and
it is not advisable to modify this stipulation to be tied to the City Council
approval of this case as it may create confusion as to whether existing
temporary beds may remain. An additional modification includes deleting
language regarding the location of temporary beds within “Areas A and B”
as not all planned uses in the original case developed as expected. The
PDD Director would retain authority to approve temporary beds in
appropriate locations throughout the site.

4) The request to modify Stipulation 3.a is recommended to be approved.
Note that the applicant requested to delete this language in its entirety.
This is consistent with the recommendation to remove the 3-year review
requirement (see Finding #3 regarding Stipulation 3) regarding temporary
shelter beds and retain the 2-year review requirement regarding the
Special Permit as a whole. Further, note that deleting this automatic
reduction of the number of temporary beds will allow HSC to provide an
adequate number of beds based on need with the PDD Director’s
approval during periods of extreme weather conditions. The deletion has
no effect on the PDD Director’s authority to approve temporary beds as
outlined in Stipulation 3. This recommendation supports the provision of
this service to those in need and strengthens the existing stipulation
language by removing uncertainty.

5) The review of the Special Permit per Stipulation 17 has been completed
by virtue of this application. However, the applicant requested that
Stipulation 17 be deleted in its entirety after completion of this review.
This request is instead approved with a modification to retain the
stipulation with modified language that specifies that an additional 2-year
review should occur after City Council approval of this Planning Hearing
Officer action.

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Retaining Stipulation 17 will allow continued monitoring of the site and a
future opportunity to discuss in a public setting the progress that the
Human Services Campus has made in serving the community and
complying with the stipulations established by the City Council in
approving the Special Permit.

STIPULATIONS:

Special Permit Areas:
Area A = The area known as the Human Services Campus.
Area B = The area north of Jackson Street and east of 11th Avenue, depicted
as Andre House Hospitality and Andre House Shelter on the site plan date
stamped November 4, 2019.

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.

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- 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.

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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

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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.

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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.

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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:

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(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.

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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

Page 234
Planning Hearing Officer Summary of June 21, 2023
Application PHO-1-23—Z-SP-2-19-7
Page 15

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.

Upon request, this publication will be made available within a reasonable length
of time through appropriate auxiliary aids or services to accommodate an
individual with a disability. This publication may be made available through the
following auxiliary aids or services: large print, Braille, audiotape or computer
diskette. To request a reasonable accommodation, please contact Angie
Holdsworth at angie.holdsworth@phoenix.gov or (602) 329-5065 or TTY: 7-1-1.

Page 235
ATTACHMENT D
PLEASE RESPOND ELECTRONICALLY TO CHASE HALE 2ND FLOOR, 602-262-4544

To: Departments Concerned
Date: May 24, 2023
From: Joshua Bednarek
Planning & Development Department Director

Subject: P.H.O. APPLICATION NO. PHO-1-23--Z-SP-2-19-7 – Notice of Pending Actions
by the Planning Hearing Officer

1. Your attention is called to the fact that the Planning Hearing Officer will
consider the following case at a public hearing on June 21, 2023.
2. Information about this case is available for review at the Zoning Counter in
the Planning and Development Department on the 2nd Floor of Phoenix City
Hall, telephone 602-262-7131, Option 6.

3. Staff, please indicate your comments and respond electronically to
pdd.pho@phoenix.gov or you may provide hard copies at the Zoning Counter
in the Planning and Development Department on the second floor of Phoenix
City Hall by May 31, 2023.

DISTRIBUTION
Mayor’s Office (Tony Montola), 11th Floor
Aviation (Jordan D. Feld )
CED (Michelle Pierson), 20th Floor
Fire Prevention (Aaron Conway), 2nd Floor
Light Rail (Joel Carrasco/Special TOD Only)
Neighborhood Services (Gregory Gonzales, Lisa Huggins), 4th Floor
Parks & Recreation (Natasha Hughes), 16th Floor
Public Transit (Michael Pierce)
Street Transportation Department (Maja Brkovic, Josh Rogers, Alan Hilty, Chris
Kowalsky), 5th Floor
Street Transportation - Ped. Safety Coordinator (Mailen Pankiewicz), 5th Floor
Street Transportation - Floodplain Management (Kristina Jensen, Priscilla Motola, Rudy
Rangel), 5th Floor
Water Services (Don Reynolds, Victor Romo), 8th Floor
Planning and Development (Joshua Bednarek, Tricia Gomes), 3rd Floor
Planning and Development/Information Services (Ben Ernyei, Andrew Wickhorst), 4th Floor
Planning and Development/Historic Preservation Office (Kevin Weight), 3rd Floor
Planning Hearing Officer (Byron Easton, Chase Hales), 2nd Floor
Village Planner (Anthony Grande, Central City Village)
Village Planning Committee Chair (Nicholas Gonzales, Central City Village)

Page 236
Page 237
Human Services Campus - Special Permit

Z-SP-2-19-7
May 19, 2023

Planning Hearing Office Request

This PHO application is a request to modify Stipulation 17 of Special Permit Application Z-SP-2-
19-7 as approved on February 3, 2021 and recorded with Ordinance G-6799 on March 1, 2021.
This stipulation requires that the Special Permit be reviewed after two years from the original
approval. We are asking the City of Phoenix perform this review, and after such, delete the
stipulation.

17. The Special Permit shall be reviewed two years after City Council approval of 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.

Since the approval of Z-SP-2-19-7 on February 3, 2021 to permit the increase number of allowed
shelter beds from 425 to 700, the Human Services Campus and its partner providers have
continued to serve the needs of the growing number of unsheltered population in this area of
downtown Phoenix. The Human Services Campus has demonstrated compliance with the
required conditions of approval, and as we all know, there is a continued need for the services
provided within the Human Services Campus, including providing shelter beds for those
experiencing homelessness. As such, through this Planning Hearing Officer process, Stipulation
17 for the required two year review should occur and then be deleted without any additional
stipulations imposed, allowing the Human Services Campus to carry on assisting our vulnerable
population.

As a part of this required review after two years, there is an opportunity to address unintended
inconsistencies in the conditions of approval as a result of the verbal motions made at the
Planning Commission and City Council Hearings. We therefore request the following
modifications to stipulations as part of this two year review:

Page 238
Stipulation 2

Permanent Shelter Beds
Area A is permitted to have a total of 700 beds with a three year review.
Rationale: The “three year review” would require another review a year from now, which is
unnecessary. As originally recommended in the Staff Report, there was to be a review
through the PHO process after one year, but no other specific time limits related to shelter
beds. During the Planning Commission hearing, a three year time limit was added to this
stipulation allowing the 700 beds for a maximum of 3 years. During the City Council
hearing, the time limit was changed to provide a review after three years instead of a bed
reduction, which conflicted with the change to (what became Stipulation 17), requiring a
PHO review after two years. There is clearly a need for shelter beds and another review is
not needed in a years’ time; therefore, with this two year review pursuant to Stipulations 17, this
second review can be removed.

Stipulation 3

Temporary Shelter Beds
For a maximum of three years bBeginning 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.

Rationale: As was the case with “Permanent Shelter Beds” in Stipulation #2, for “Temporary
Shelter Beds” there also was no time limit in the Staff Report recommendation for approval. The
time limit was added at the Planning Commission Hearing in their recommendation. There is
clearly a need for temporary shelter beds. We would ask this stipulation to be amended to
remove the time limit and the automatic reduction of temporary shelter beds after three years.
As proposed, the temporary beds are not guaranteed and allowed at the discretion of the
Planning and Development Department Director. If there is no longer a need for the
maximum 200 temporary shelter beds on the Human Services Campus property because
there are other beds provided elsewhere, the number can be reduced.

Page 239
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MOD

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MOD

MOD

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REVIEW

Page 247
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Page 251
Z-113-00
WASHINGTON ST

PUD *

CUDAHY WAY
C-3 Z-2-16
HP-L 8TH AVE 7TH AVE
C-3
C-3 *
Z-SP-31-82
JEFFERSON ST

13TH AVE 12TH AVE 10TH AVE 9TH AVE
C-3
DTC-Business
HP-L C-3 Core
Z-114-03 HP Z-1-10
MADISON ST

A-1
JACKSON ST
A-1
HP-L
Z-114-03 A-1 SP* Capitol Mall
Z-SP-21-02 Overlay
District

HARRISON ST

Central City
South Interim
11TH AVE
15TH AVE
Overlay District

A-2
BUCHANAN ST

A-1

I
Miles
MC DOWELL RD
I - 10
Z-SP-2-19

VAN BUREN ST
0.06 0.03 0 0.06 JEFFERSON ST

CENTRAL CITY VILLAGE BUCKEYE RD

CITY COUNCIL DISTRICT: 7 I - 17
LOWER BUCKEYE RD

40TH ST

CENTRAL AVE
7TH ST 32ND ST
7TH AVE 16TH ST 24TH ST

19TH AVE

REQUESTED CHANGE:
Andy Jochums, Beus Gilbert PLLC
APPLICANT'S NAME:

C-3 HP-L CMOD ( 0.18 a.c.)
FROM:

APPLICATION NO. 3/20/2019
A-1 HP-L CMOD ( 0.55 a.c.)
DATE:

Z-SP-2-19 REVISION DATES:

1/29/2020 3/12/2020 6/10/2020 A-1 SP CMOD ( 12.55 a.c.)
A-1 CMOD ( 1.25 a.c.)
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP

14.53 Acres
QUARTER SEC. NO.

QS 10-26 F-8 TO: A-1 SP CMOD ( 14.53 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
C-3 HP-L CMOD, A-1 HP-L CMOD, A-1 SP CMOD, A-1 CMOD 2, N/A, N/A, N/A 3, N/A, N/A, N/A
A-1 SP CMOD N/A N/A

* Maximum Units Allowed with P.R.D. Bonus Page 252
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2019\Z-SP-2-19.mxd
Page 253

Maricopa County Assessor's Office

PHO-1-23--Z-SP-2-19-7 Property Location: Southeast corner of 13th Avenue and Madison Street

Planning & Development Department 0 80 160 320 Feet
´
C-3 HP-L

A-1

A-1 SP*

A-1 HP-L

Page 254

A-2

Maricopa County Assessor's Office

PHO-1-23--Z-SP-2-19-7 Property Location: Southeast corner of 13th Avenue and Madison Street

Planning & Development Department 0 80 160 320 Feet
´

Item was approved
per the Historic
Preservation
Commission
Public Hearing- Historic Preservation recommendation
Conservation Easement Release for and the Feb. 2,
ITEM 61 District 7
Arizona OIC - 62 15-39 E. Jackson St. 2021 memo from
***ADDITIONAL INFORMATION (SEE the Planning and
ATTACHED MEMO)*** Development
Director, with
adoption of the
related ordinance.

Item was approved
per the Jan. 7, 2021
Planning
Commission
and the Feb. 3,
2021 memo from
Public Hearing - Amend City Code -
the Planning and
Ordinance Adoption - Rezoning
ITEM 62 District 7 Development
Application Z-SP-2-19-7 - Southeast
Director with
Corner of 13th Avenue and Madison
modifications to
Street (Ordinance G-6799)
stipulations and
additional
direction,
with adoption of
the related
ordinance.

Public Hearing - Appeal of Hearing
Officer Decision
- Abandonment of Right-of-Way - ABND
200534 - Various Segments
generally located south of Jefferson
ITEM 63 District 7 Withdrawn
Street and north of Harrison Street
(railroad tracks) between 7th and 13th
Avenues***ADDITIONAL INFORMATION
(SEE ATTACHED MEMO)***
(CONTINUED FROM DEC. 16, 2020)

Page 255
Planning Commission Hearing Minutes
January 7, 2021
APPROVED
19. Application #: Z-SP-2-19-7
From: C-3 HP-L CMOD, A-1 HP-L CMOD, A-1 SP CMOD,
and A-1 CMOD
To: A-1 SP CMOD
Acreage: 14.53
Location: Southeast corner of 13th Avenue and Madison
Street
Proposal: 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.
Applicant: Andy Jochums, Beus Gilbert, PLLC
Owner: Human Services Campus, Inc., et al
Representative: Paul Gilbert, Beus Gilbert, PLLC

Conflict: Vice-Chairman Nico Howard recused himself from Item No. 19 due to a
conflict of interest.

Ms. Racelle Escolar stated that Item No. 19 is Z-SP-2-19-7, a request to rezone
14.53 acres located at the southeast corner of 13th Avenue and Madison Street
from C-3 (General Commercial District) HP-L (Historic Preservation Landmark)
CMOD (Capitol Mall Overlay District), A-1 (Light Industrial District) HP-L CMOD, A-
1 with a SP CMOD, and A-1 CMOD. The requested zoning is to A-1 SP CMOD to
modify the Special Permit area of the Human Services Campus to include the
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.

The Central City Village Planning Committee recommended approval, per the staff
recommendation by a 6-3 vote.

Staff recommends approval, per the Central City Village Planning Committee
recommendation.

Ms. Escolar referred to the map on the screen which displayed the requested
special permit area. It includes the existing special permit area of the Human
Services Campus, and the Andre House property. The applicant held several
community meetings. There were two specific community meetings that the City
participated in, both in November 2020. The exhibit showed the results of those
meetings.

Ms. Escolar asked if there were any questions for staff.

Vice-Chairman Howard stated that he had a conflict on this item and would not be
participating and would drop off the call. He left the meeting at 8:56 p.m.

Page 256
Planning Commission Hearing Minutes
January 7, 2021
APPROVED

Chairwoman Shank stated that there were several people wishing to speak on this
item. She called on Councilman Nowakowski. She thanked him for presenting.

Councilman Nowakowski thanked the Commission for letting him speak and
thanked the Commissioners for their service to the City. He stated that many
people do not realize that the Planning Commission members are volunteers, and
nights like this can be long and emotional. He appreciated their service and stated
that this was a special case. It was a bigger issue than just a planning and zoning
case. There are social impacts that this case cannot resolve through zoning. He
stated that he believes that they need to keep up with the City of Phoenix’s
Homeless Strategic Plan that Mayor Kate Gallego developed. In that plan, they
work together to encourage smaller specialized shelters throughout the region.
With that said, he applauded the neighborhood for offering reasonable solutions
that would give immediate relief to the people experiencing homelessness, but also
the plan will require the City of Phoenix and his colleagues to work hard now in
finding a permanent solution that will better serve needy and homeless people
throughout the City of Phoenix, and at the same time not destroy communities. The
sad reality is that the entire nation is working toward ending homelessness, and
Phoenix is no different.

Councilman Nowakowski stated that research has shown that smaller specialized
shelters are better equipped to provide tools that help someone escape
homelessness. The type of shelter provided by the Health Services Campus (HSC)
is valuable, but it is not the permanent solution; and any expansion is unacceptable
and not going to resolve the problems as written in this application. It does not
allow one single person off the street for nine months. This will not work. The City
needs to do better. We need to look into the future and find a better tool and
resources to help those in poverty. We need to protect our neighborhoods in the
process. He stated that this neighborhood was promised 425 beds 30 years ago.
The same neighborhood falls within the Capital Mall Overlay which calls for a
reduction in homeless shelters. This neighborhood has been asking for help for
many years. He believes that every neighborhood deserves to thrive and enjoy a
healthy and safe environment, yet that is not what is happening today. They have
suffered for a long time. Approving this application would more than double the
burden for this neighborhood. These residents and businesses deserve to operate
in safety and feel free to let their children run around in the park. He stated that
they need to act in a way that provides real results for all stakeholders. He believes
that the compromise offered by the surrounding neighborhood is a great start. He
encouraged them all to think clearly about the long-term solution rather than just
having a band-aided approach in this problem. He thanked the Planning
Commission for giving them the extra time to work with the 10 neighborhoods and
with the Campus and Paul Gilbert to try to find a solution. He felt very proud about
the neighborhood saying that we need a solution for the homeless in that area, and
they are offering more beds.

Page 257
Planning Commission Hearing Minutes
January 7, 2021
APPROVED
Chairwoman Shank called on Mr. Paul Gilbert, the applicant

Commissioner Gaynor asked if he could speak to the Councilman.

Chairwoman Shank stated, yes.

Commissioner Gaynor asked Councilman Nowakowski a question. He stated that
they have gone over this case and met with so many people on both sides of the
case. It really has opened his eyes to what a solution can be and what the real
problem is. He wanted to know what Councilman Nowakowski meant when he
stated that no one is going to be helped under the current plan, for nine months.
He stated that the letters he has received from leaders in this community are
asking and saying, ‘We need this now and we need to get these people off the
street today’. And then he makes the comment that not a single person will be
helped within the next nine months. He asked for an explanation.

Councilman Nowakowski stated that earlier in the week they met with Mr. Paul
Gilbert, and one of the things they found out was that the Andre House operates a
wonderful soup kitchen where they actually help people out and give out meals, but
they are not equipped to have bedding once this is approved. It is going to take a
while, at least nine months or so for them to go through the process of getting the
plans reviewed by the City to build. So, the community said that Central Arizona
Shelter Services (CASS) has the capability of having 700 beds. That is where they
are leaning towards, but it is going to take a while for them to put up to 700 beds in
CASS. He stated that they were dumbfounded by that. They are not talking about
once this is approved, bodies can be moved in. That was surprising to him. They
took tours of different facilities, like Rescue Mission, UMOM, Salvation Army, and
all these facilities had a great plan. They were talking to CASS on Monday saying
what a great opportunity for them to look at all those best practices and try to do
something like that where all these facilities blend into the neighborhood and they
actually accept the homeless. They have a 90 to 120-day program where they go
through rehab; workforce development; they find them a job; they have counseling;
and then they find them an apartment to live, which is a true path out of
homelessness. That was what they were hoping for here. They did not want to just
feed and house people, instead surround them with services and resources.

Commissioner Gaynor asked Councilman Nowakowski if he agreed with getting
people off the street now.

Councilman Nowakowski stated absolutely, and he thinks that the community has
agreed to 700 beds. Forty years ago, they only agreed to a maximum of 75 beds.
They see that there is a need, but they want to make sure that the program is
actually going to take people off the streets permanently and help them in a
permanent way, not just a band-aid approach where they give them something to
eat and a bed to sleep, and then back out on the street.

Page 258
Planning Commission Hearing Minutes
January 7, 2021
APPROVED
Commissioner Gaynor stated that every time they spoke to someone this past
week, something new would come up. They were told that if this case was
approved, people would be off the street. Now he was hearing that they do not get
off the street, so he wanted to know what the alternative is.

Commissioner Montalvo asked for more clarification on the smaller shelters.

Councilman Nowakowski explained that the Mayor, Kate Gallego, gathered her
staff and individuals that deal with homelessness, and they came up with a
regional approach, creating smaller and specialized shelters for individual groups
such as for veterans or families with children. He gave a few examples. He stated
that the idea was for services and resources to surround these individuals creating
a way out of homelessness. That is what the Phoenix Plan is all about.

Chairwoman Shank stated that there were many people wishing to speak and
many who donated their time to people in support and opposition. She allotted 44
minutes to the support and the opposition. She gave Mr. Gilbert eight minutes, Ms.
Schwabenlender eight minutes, two minutes to Jonathan Koppell, and one minute
each to the other 24 people in support. Opposition would receive two minutes per
person, and there would be four minutes for rebuttal. She called on Mr. Paul
Gilbert.

Mr. Gilbert he had a procedural question. He stated that they had over 60 people
who wanted to speak. They also had a whole cadre of 100s of supporters on this
hearing, but there were certain speakers that they needed to have speak. He
wanted to make sure they were included. Some of them were going to receive time
donations from others. He wanted to know how that was going to be handled.

Chairwoman Shank responded confirming who was on the speaker list.

Mr. Gilbert stated the order in which he wanted people to speak: Mr. Gilbert, Amy
Schwabenlender, Jonathan Koppel, Jeremy Helfgot, Michael Langley, Grace
D’Antuono, Alexandra Lesnik, Greg Heiland, Margaret Ventura, Yvonne Harrison,
Ken Swenson, and Sergio Simon.

Commissioner Gaynor asked Chairwoman Shank if these peopled were registered
speakers.

Chairwoman Shank clarified that they were already registered to speak. Mr. Gilbert
was just requesting the order of the speakers. She stated that each side would get
44 minutes. She would give the opposition side two minutes per person.

Mr. Gilbert stated that he had a presentation. He stated that there is a real need for
these additional beds. He could spend his whole presentation just addressing that.
There are 3,767 people experiencing homelessness at an increase of 18 percent
over last year. Currently, CASS is turning away people. They only have 525 beds

Page 259
Planning Commission Hearing Minutes
January 7, 2021
APPROVED
and over 500 people every night. Once turned away, these individuals must return
to the street. They have no place else to go. Nothing demonstrates the need for
beds more persuasively and dramatically as Maricopa County turning the pair of
asphalt parking lots into the area’s newest homeless shelter. They gave each
person a 12-foot by 12-foot space on a concrete slab. The need is now, and the
need is torrent.

Mr. Gilbert displayed a photograph of the campus. They were given a special
permit in 2003, and it had two stipulations. They had to agree to the site plan, and
deal with archeology. Since that time there are 16 independent, non-profit
government organizations. He stated that they were there with a strong
recommendation of approval from the staff. Unfortunately, due to the time
constraints, the staff did not take them through the report. They have
recommended approval and an entire series of stipulations that provide the very
protection for the neighborhood that Councilman Nowakowski articulated to. He
asked where those stipulations came from. He stated that they were over one year
in the making, and the Historic Preservation Office, the Street Transportation
Department, Public Works Department, Human Services Department,
Neighborhood Services Department, and the Police Department, all have reviewed
and contributed to these stipulations. Although they are onerous and difficult, the
Human Services Campus (HSC) has agreed to abide by every one of those
stipulations. Importantly, one of the major contributors to those stipulations was the
Neighborhood Services Department. Nobody knows the problems of the
neighborhood more directly or effectively than them.

Mr. Gilbert stated that the Staff Report made four important findings. 1) they say
that we are consistent with the Capital Mall Overlay District, contrary to what
Councilman Nowakowski stated, they are there with a letter of support saying they
are in conformance with what the Capital Mall wants for this area. To report
otherwise is erroneous and inaccurate. Also, as the staff found in Finding No. 3,
the request will include the safety and cleanliness of the area. He stated that he did
not have time to go through the stipulations; however, he pointed to Stipulation No.
6. Stipulation No. 6 requires that the HSC will be responsible for cleaning the public
property. He asked the Commission members to look at what that involved. The
HSC is approximately 13 acres and the staff has recommended that they have a
daily cleaning plan to clean not only their area every day, but approximately 10
acres for a total of 22 acres, with nearly 10 acres of public space. He stated that
you do not have anything like that under the stipulations now. If this case is not
approved, that cleaning will not take place.

Mr. Gilbert asked them to skip to Stipulation No. 14. He stated that it is a long
stipulation. Basically, it requires that the Campus create a community organization
made up of campus partners. He stated that they are giving the neighbors a voice
and the opportunity to participate in their program, and they are required to do that
by stipulation.

Page 260
Planning Commission Hearing Minutes
January 7, 2021
APPROVED
Mr. Gilbert stated that Stipulation No. 16 was very important, and they requested
that the City impose this stipulation on them. It says that after one year of
development, they come back for an oversight before the City Council and report to
the City Council on whether they are honoring the stipulations. Those stipulations
are magnificently congruent and provide the protections for the neighborhood.

Mr. Gilbert wanted to clarify that they are not asking for a 1,000-bed shelter. They
are basically asking for 700 beds for CASS, 100 beds for Andre House, and then,
up to 200 beds on an emergency basis that would be located in the Saint Vincent
DePaul building. Interestingly, 30 percent of the homeless deaths are caused by
heat. They want the ability when it is too hot outside or too cold to house people.
But that will only be on a seasonal basis. Otherwise, they would only be having 800
beds. The common perception is that additional beds will attract new
homelessness to the area. This is false. This is not the movie filled with dreams
where ‘if you build it, they will come’. They are already there. He has already given
them the statistics of homelessness in the area. Obviously, 425 beds cannot take
care of them. Those that they turn away, where do they go? They do not leave the
area, and that is what the neighbors are complaining about. They want to put more
people into the shelter so that they can take them off the streets.

Chairwoman Shank asked Mr. Gilbert to start wrapping up his presentation. She
suggested that Ms. Schwabenlender might be able to donate a couple minutes of
her time to him.

Mr. Gilbert asked Ms. Schwabenlender for two minutes and she agreed. He
displayed the support signatures map on the next exhibit. He stated that there is
also a common misperception that there is no support from the surrounding
properties. They have taken the petition signatures in support, by zip code, and
there are 1,325 people who live in the area and are in support. That was also
indicated by the plethora of letters the Planning Commission received from the
neighborhood in support of this case. He stated that was the situation. They have a
need for more beds. They are turning thousands of people away now. People are
dying now, and the irony is they have the ability to house them, maybe not all, but
the majority of them. The CASS building has a Certificate of Occupancy for 700
beds, so they have the space to house these people who are crying out for shelter.

Chairwoman Shank asked if there were any questions for Mr. Gilbert.

Commissioner Gaynor stated yes. He asked Mr. Gilbert to explain one of his
exhibits.

Mr. Gilbert stated that his point was that the beds are needed now. From 2005 until
October 2018, the County allowed overflow sheltering and camping of around 500
individuals in buildings and parking lots adjacent to the Campus. Then, in 2018, the
City forced the County to discontinue that. So, these people were there. They were

Page 261
Planning Commission Hearing Minutes
January 7, 2021
APPROVED
already participating. So, to say they were attracting people was not accurate, they
were there.

Commissioner Gaynor stated that the Andre House was asking for a minimum of
100 beds, and the exhibit stated 100 beds. He asked for clarification as to whether
it was a minimum or maximum 100 beds.

Mr. Gilbert stated 100 beds was for Andre House. They were asking for 700 beds
for CASS. In addition, they were asking for 200 beds only on a seasonal basis
when the temperatures are excessive.

Commissioner Gorraiz stated that he understood what Commissioner Gaynor was
saying. The Commissioners were confused as to whether Mr. Gilbert was talking
about a proposal for a minimum or maximum of 100 beds at Andre House. He
wanted clarification, because there was a big difference.

Mr. Gilbert clarified that they were only proposing 100 beds at Andre House. The
stipulation worded by the staff says ‘a minimum’ of 100. The 100 beds were the
maximum. That is all that will be there at the Andre House.

Commissioner Gorraiz stated that there was some discussion about how long it
would take the Andre House to actually do the construction necessary to house
those beds. He wanted to know how long that would take.

Mr. Gilbert stated that it would take them less than one year to do the construction
for those beds. Incidentally, because he ran out of time, the Andre House does not
run shelters. So, they have hired Community Bridges, which is a well-respected
and well-known company that specializes in this, and they have been retained to
run the shelter for Andre House.

Commissioner Gorraiz responded that that was not his understanding. He asked
how recently that happened that they will actually be the provider. He agreed with
Mr. Gilbert that they do not do shelters, so they need someone with the
background.

Mr. Gilbert stated that Andre House has a contract with Community Bridges. They
have been interviewing several shelter operators for the past few months.

Commissioner Mangum asked if Mr. Gilbert could elaborate more on the
population that the Andre House will house. She asked if it would be different than
the population at CASS.

Mr. Gilbert responded that they envisioned Andre House to be a low barrier shelter;
however, a low barrier shelter has a plethora of misunderstandings and
mischaracterizations. The Stipulation No. 2a. requires them to have the low barrier
house. That does not mean that they are bringing in sex offenders or drug users.

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As the name implies, low barrier shelter is one that lowers barriers. The goal is to
reduce as many of the barriers that causes someone who is homeless to not seek
a shelter bed. It has nothing to do with the rules, qualifications, or the
responsibilities that follow once they are in the shelter. He gave a couple of
examples. Certified service animals are often not allowed in regular shelters. They
are permitted in a low barrier shelter. If someone has an excessive number of
belongings, there is not room for them in a conventional shelter. The low barrier
allows them to bring their belongings in. If someone has a mental health problem
and cannot handle the structure of a traditional shelter, then they are allowed to
occupy this shelter. These types of people are known as service resistant. Those
are the ones that the Andre House, admirably wants to help. It is the service
resistant people who were camping in places the neighborhood does not want.
This is what the Andre House would be doing, and that is what is meant by a low
barrier shelter.

Commissioner Mangum asked Mr. Gilbert to elaborate more on what happens
during the day with the low barrier people who are being housed here, and how
that is going to impact the neighborhood around it. There are elementary kids
walking to school, neighbors are trying to sit out in their yard. She wanted to know
what happens to the lower barrier people during the day.

Mr. Gilbert stated that in the proposed low barrier shelter, these people will remain
on campus and be receiving help and treatment.

Commissioner Mangum asked if it was possible to assure the community that they
are going to have a safe area for their families, if the low barrier population is going
to be housed at the Andre House during the day.

Mr. Gilbert stated yes. He was very comfortable making that assurance. These
people will be screened and carefully worked with, and they will remain on-campus
during the entire day while they work with whatever challenges they face.

Commissioner Gorraiz asked if people with weapons could be housed at the low
barrier shelter, or if sex-offenders would qualify under the low barrier to stay there.

Mr. Gilbert stated that no one with a weapon is allowed in the low barrier shelter or
any other of their shelters. Currently, under the requirements imposed upon them
by the City, sex-offenders are not permitted in the facilities.

Commissioner Gorraiz asked if in the future the low barrier shelters would allow
sex-offenders.

Mr. Gilbert responded by saying no, they would not be permitted to attend the low
barrier shelter.

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Commissioner Gorraiz asked if Mr. Gilbert was suggesting that Andre House will
become a campus.

Mr. Gilbert asked Ms. Amy Schwabenlender to answer that question.

Ms. Schwabenlender stated that the Andre House shelter would house people
24/7. Anyone who has a bed at that shelter could stay all day long. They would be
allowed to access the other services available on the campus, and if they wanted
to, they could just spend the entire day in the Andre House shelter.

Commissioner Johnson encouraged the commissioners to move forward.

Chairwoman Shank agreed.

Chairwoman Shank called on Ms. Amy Schwabenlender to speak next.

Ms. Amy Schwabenlender, the Executive Director of the Human Services Campus
(HSC), stated that they filed their application on January 30, 2019, and they would
have loved to have been sheltering people over the last two years. They were
delighted to be before the Commission to speak. She stated that the Human
Services Campus opened in 2005 and was owned by Maricopa County and
governed by an LLC until October of 2017. For 10 years during that time period,
there was an overflow shelter for 260 men, and uses of the parking lot for 250
people per night to be conveniently forgotten. The 500 people were left to sleep
there for that many years. When the government said that this had to close in
2015, overflow spaces were phased out over the time period to October 2018 and
that was when the number of unsheltered people in their neighborhood increased.
There were never another 500 unsheltered people when those 500 folks were in a
building or in the parking lot. They know that shelter works.

Ms. Schwabenlender stated that the HSC is client-centric, data driven, and
collaborative in building collective impact. Over the last fiscal year, the HSC saw
over 5,800 unduplicated individuals at the Campus. They worked collectively with
16 different partner organizations with more than 20 different programs, and they
connected 2,480 people with permanent housing in the last fiscal year. This was all
done with the Housing First philosophy, a Harvard Action Service Model that is
pervasive across Maricopa County. She stated we connect with people, we
problem-solve, we support nearly 10 percent of people who come to the Campus,
returning to family and friends, a diversion from homeless services. She stated that
83 percent of those people remain reconnected to their families and do not return
to homelessness.

Ms. Schwabenlender stated that there is another significant percentage of people
that resolve their own homelessness, leaving their services quickly and never
returning. The HSC has housing matched weekly case conferencing and manage
an average of 3,000 people, people waiting for housing. Unfortunately, it takes an

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average of 120 days for someone on the list to move into housing, because they
have low vacancy rate and a lack of affordable units, as well as insufficient funding
for supportive housing and services in our community. Some have raised an
ethnicity perspective, African American and Black people are disproportionate, 31
percent of the people HSC serves on the campus compared to six percent in the
general population in Maricopa County. This demographic is reflected in the
unsheltered population in a COVID safe outdoor space in the parking lot at 9th
Avenue and Jefferson Street. This is where over 200 people are living; 62 percent
of those people report having a disability. They are all focused on regional
solutions at the same time. They have 20 additional access points of single adults
across Maricopa County. Last year they served 4,000 people at the first access
point, who never came to the Human Services Campus in their time experiencing
homelessness. All of their campus providers provide services at other locations.

Ms. Schwabenlender stated that for the last one and a half years, they have been
doing a street clean-up two days per week with Andre House, a volunteer cleaning
program which is not included in the proposed stipulation from the City. Client
volunteers received a lot of incentive for their service. At the beginning of October
2020, the HSC hired a cleaning company to do daily street cleaning, seven days
per week within 25 feet of the entire property line.

Ms. Schwabenlender stated that homelessness is complex. There are multiple
systems that are intertwined. The systems also work on changes and
improvements separately; for example, corrections are separate from providing
housing, and separate from providing healthcare. While housing sense is important
to deciding, often judgement is based on behavior. Yet, we label people as
homeless and want to believe that there is one solution to ending homelessness.
At the Campus, they are wholistic and the ‘we’ is 16 organizations working together
every day. Approximately 240 people work on the campus, being flexible and
adaptable to find everyone a permanent home. Each organization has its own
budget. Most are non-profits; a few are governmental partners. The non-profits do
fund-raising across a variety of resources. Due to time constraints, she would not
go over budget, but would answer any questions later.

Ms. Schwabenlender stated that they are the response when 911 is not the answer
and when police, fire, or hospitals are not appropriate or not available. They do not
give up on individuals or systems. The campus is more than a shelter. The people
they serve are much more than individuals experiencing homelessness. One of her
staff who was formerly homeless, reminded her to see people for their humanness,
not their homelessness. The HSC is a launching pad to get people on track for
housing.

Ms. Schwabenlender asked the Planning Commission for their recommendation of
their request to increase CASS to 700-beds, and to add 100 beds at Andre House,
allowing them to shelter 800 people per night. She stated that these additions will
not happen overnight, as was just discussed. It will take time, and a City stipulation

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asks that Andre House open first. They are happy to work on CASS and open
CASS beds for Andre House, and to revisit that stipulation from the City. What else
needs to happen at CASS is to add restrooms and showers for the additional low
number of shelter clients, and to do renovations that would include adding those
places for people to actually sleep in. The community needs to be adaptive. No
community has homelessness under control, and there is no evidence-based best
practice for shelter size programming. There is no research that proves size of
shelter determines the best housing outcome. She would present their housing
outcomes to any partners locally or nationally and beg to differ that they are not
successful.

Ms. Schwabenlender stated that the longer we wait to shelter more people, the
more people we lose. Tonight, when the temperature drops, there will be some
3,700 people sleeping unsheltered in Maricopa County. They propose to shelter a
few hundred more of them. They are a small part of the solution, not the whole
solution. To those approximately 300 people though, they are the possibility for
safety and survival.

Chairwoman Shank called on Jonathan Koppell to speak.

Mr. Jonathan Koppell stated that he is President of the Human Services Campus,
Board of Directors. They are a group of non-profit organizations petitioning the
Planning Commission, representing the City of Phoenix, for permission to address
a human crisis, people experiencing homelessness around the country which is
manifesting itself in downtown Phoenix like every other town in the United States of
America. It affects the people who are homeless, and it affects the individuals who
live in neighborhoods where people are allowed, as a matter of de facto public
policy, to live unsheltered. He stated that they would hear from people who are
concerned about this proposal, stating that they are experiencing negative effects
on their neighborhood. They agree and are proposing a remediation to that
problem by providing shelter to the people whose outdoor living imposes a
hardship on those neighbors. Three years ago, 500 of those people were sheltered
with them; now, they are not. They were asking for their license to go back to the
status quo extensions, which was more humane and less of an impact on their
neighbor. They are eager to help them have a better situation. He stated that they
have proposed a group of stipulations. In addition to the stipulations, they are
prepared to agree with the vast majority of those stipulations. He had one
important point to make. The Planning Commission was not voting on a
comprehensive homelessness plan where only their proposal is the sole
component. It is one piece of a solution. They would be the first to say that that
they would still hear reasonable plans, they would still need additional shelters, and
that what they were doing tonight would help them address a problem in our
downtown, but would not address the larger problem, and they would need the
regional solution that Councilman Nowakowski spoke of, and Maricopa County
would need to do more to address this issue. He asked the Planning Commission
to please allow them to do something to address the human suffering of those

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impacted. They are not a public nuisance, creating something that is a problem.
They are the only party in any of these conversations actually proposing to
increase shelter. Without shelter, the individuals who are experiencing
homelessness will not find themselves on a pathway to permanent housing. That,
research does support. He would appreciate their vote.

Chairwoman Shank called on Jeremy Helfgot, to speak in support.

Mr. Jeremy Helfgot stated that Barbara Schwartz had donated her time to him. He
stated that he is in his ninth year of service on the City of Phoenix, Human
Relations Commission, which was what brought him to the meeting to speak. He
reminded the Planning Commission that in November the Human Relations
Commission heard a presentation on this issue, under the concern that at the
advisory board for the Mayor and Council, regarding issues of diversity and
concern for equity and equality, they know that the homeless population of the City
is disproportionately made up of individuals identified in Chapter 18 of City Code,
as protected classes, based on race, sexual orientation, disability status and so
forth. They know that this is a life-or-death issue. In the nearly two years that this
matter has languished in city process, more than 800 people have died. He stated
that we have a responsibility as city leadership to address this immediately. He
wanted to say to those who would say that this is a band-aid solution, he was an
Emergency Medical Technician (EMT) many years ago. When there is someone
bleeding in the field, you do not do surgery. You put a bandage on the bleed and
stabilize them until they can get the critical care they need. The City of Phoenix is
bleeding out on this issue, and a bandage is exactly what we need right now, as
the City tries to address it on a larger scale. Mr. Helfgot urged each Commission
member to unanimously support this request and recommend it to the City Council
for approval.

Chairwoman Shank called on Ms. Alexandra Lesnik to speak in support.

Ms. Alexandra Lesnik stated that she has grown to know and love many people
who have died on the street. Her friend Mark died in a tent on 9th Avenue, where
she found his lifeless body and called for help, but it was too late. Her friend Gilbert
died just around the corner from there, only two months after one of his friends
died in his tent. Her friend Jose died in front of the HSC where he lived in a tent on
the sidewalk. He was filled with joy and humor and was 23 years old. Her friend
John slowly became sicker and sicker, and she watched him decline in front of her
eyes when no one would provide him with medical care, no matter how many times
he reached out, because his symptoms were misconstrued as simply the normal
state of someone living on the street. By the time that someone paid attention, it
was too late, and he died in the hospital. She stated that we cannot bring these
men back; we can honor their lives by doing our best to ensure that others are not
dying on the same streets as they did. She asked, ‘How many lives must be lost
before action is taken?’ Ms. Lesnik stated that she looked forward to a regional
solution for homelessness one day. That is far more than nine months down the

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road. She asked the Planning Commission to support this request for Mark, Gilbert,
Jose, John and the countless other people who have died on the streets, and the
countless other people who can be saved.

Chairwoman Shank called on Mr. Michael Langley to speak in support.

Mr. Michael Langley stated that we are in the middle of a pandemic, and a lot of
experts from the University of Arizona, School of Law, as well as the National Low-
Income Housing Coalition have said that as many as 6.7 million people are set to
be evicted because of this pandemic. A lot of that happens because our State also
has a bad habit of criminalizing poverty, as well. He has sat on the Central City
Village Planning Committee and was actually the one that made the motion that
they approve the recommendation, based on the City’s professional staff, as well
as 300 plus comments in support of this item, and the 16 stipulations on top of it.
He urged the members of the Commission to approve this matter. He stated that
we do not want to abdicate our responsibility as fellow citizens.

Chairwoman Shank called on Ms. Grace D’Antuono to speak in support.

Ms. Grace D’Antuono stated that she has volunteered at the Andre House in the
past and would be reading letters of guests. She read the following letters:

• “I Nathan Porter believe that it is in the best interest of the homeless community
to open a new shelter. It will help alleviate the dreadful, unfortunate drain on
resources that are creating budget problems. This is important to me, because I
witnessed too many people fall prey to bodily and mindful harm and decline on
the street.”

• “My name is Myron, and I have been staying outside for many years. I hope you
approve this shelter. I have not had one good night’s sleep in too long. Shelters
have a safe place where we won’t be bothered.”

• “My name is Nayel and I sleep on the street. I have been homeless since May
1st, and my experience has not been the best, simply because of a lack of
shelter beds. There are so many people who are struggling with mental illness
and substance abuse, and people treat us like we are invisible.”

• “My name is Reynold Aruja. I have been homeless for eight years. I sleep on
the street. I believe more shelter space will be good to have available. The
streets are not safe most nights. I drink or get high to make it through the night.
If I had a safe place to get some good rest, it would be a blessing for me. I
really pray you will approve this for us.”

Chairwoman Shank called on Mr. Greg Heiland to speak in support.

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Mr. Greg Heiland stated that he has direct experience with the homeless. They
have supported the Andre House for many years. His son has served in the Andre
House. Homelessness is our challenge. These are our people in our community.
He stated, “I just about came unbuckled when I heard the Councilman refer to
these people as bodies. They are not bodies.” He stated that there are 800
reasons why we need to act on this. He has direct experience, his wife has
sponsored adopt-a-family, which is a lot of homeless people in Sunnyslope. Based
on his experience over the last 20 years, he stated that a lot of these people do not
tend to move around. They tend to stay in their area. He repeated that there are
800 reasons why we should approve this request, which breaks down to 15
reasons per week, or 2 reasons per day. That is one reason every 12 hours. He
stated that nobody wants a shelter in their backyard, but he is the guy that is
saying, let’s put a shelter in my backyard. It certainly could not be any worse. Most
of these people do not want to be there, and we just need to be compassionate. He
was hoping that the city leaders would do the right thing. It has gone on too long.
This is not going to be the total solution, but it certainly is going to move us in the
right direction. He thinks Phoenix can do better on this. He stated, “let’s not talk
about what might happen, let’s talk about what we can do today”.

Chairwoman Shank called on Ms. Margaret McChesney to speak in support.

Ms. Margaret McChesney stated that she is a Phoenix downtown resident and an
active community member. She is a 3rd generation Arizonan and was born and
raised in Phoenix 70 years ago. She has been actively involved with Phoenix’s
homeless population since the early 1980s, working with St. Vincent de Paul,
Andre House, Medical Mission of Mercy, and First Church UCC. She stated that
she strongly encouraged the Phoenix Planning Commission to approve the
addition of desperately needed shelter beds to the Human Services Campus.
There is no doubt by anyone familiar with this social issue that a comprehensive,
regional metropolitan plan needs to be formalized and implemented. Equally
important, it must also be acknowledged that we have been discussing such a plan
for decades. The need today has reached critical mass. The proposal presented is
not intended as an end all to solving the homeless problem. But it should really be
considered a launching point for further evolution of the existing plan. She was
asking the Planning Commission to please approve the immediate and urgent
request, especially given the oncoming, winter cold months and the ever-escalating
COVID pandemic.

Chairwoman Shank called on Ms. Yvonne Harrison to speak in support.

Ms. Yvonne Harrison stated that for the past four years she has served as a lay
leader at First Church United of Christ, which is downtown on 2nd Street and
Willetta Street. She was speaking in favor of the special permit. She stated that we
are encountering an ever-increasing number of people experiencing
homelessness. One only needs to look at the intersections and freeway accesses
to see that more and more people are living on the margins. People over the age of

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55 are becoming homeless for the first time, because they cannot keep up with
rising housing costs in the metro area. In fact, 40 percent, of the people that died in
the first nine months of 2020 were 55 years or older. Fifteen people were 75 to 85
years old, an 88-year-old man, and a 95-year-older woman were among those who
were deceased. She stated that this is not how a just society treats its citizens. We
know the need is great. We can no longer wait. The perfect is the enemy of the
good. The stipulation about providing additional access to restrooms is key. These
restrooms will be available to people who are not in shelter, which will be so
important. Very few public restrooms were available in our metro area prior to the
pandemic, and the closing has affected that more. She asked how long one could
wait to use the restroom.

Chairwoman Shank called on Mr. Ken Swenson to speak in support.

Mr. Swenson stated that he supported adding shelter beds to the HSC. He has
worked and operated in this area for the past 20 years. He has seen the very
difficult conditions that people experiencing homelessness have to deal with, such
as sleeping on the pavement, or a piece of cardboard, packing any earthly
belongings in a garbage bag, and carrying it with them. Many of those experiencing
homelessness do not have the mental or physical abilities to change their life.
These are our brothers and sisters, and they deserve our help, as we would help
our own family members. He stated that it was our time to act, enough delays, no
more back and forth rhetoric. He has witnessed this himself for the last several
months. The Central City Village Planning Committee approved this request back
in October 2020, with a 6 to 3 vote in favor of adding these shelter beds. This case
has received unanimous support from the Phoenix Commission on Human
Relations. There have been numerous meetings with all interested parties,
addressing concerns and issues and many stipulations were agreed to that will
improve the neighborhood. They stated that it was time to approve this request. He
asked them to do the right and just thing.

Chairwoman Shank called on Mr. Sergio Simon to speak in support.

Mr. Sergio Simon stated that he is a Fire Fighter. He has had first-hand
experiences running emergency calls on people experiencing homelessness,
almost every day. He wishes there were more resources available, and more
services provided to end homelessness. Many times, their options as first
responders are limited on where they can take people or how they can help them
in a nonemergency role. However, our inadequate infrastructure puts a greater
burden on our first responders and the call volume, and the communities, as a
whole. This is a healthcare issue; this is a human rights issue. It should not be
made into a scarcity issue. Often times, it becomes a life and death situation. He
stated that he supports adding beds to the HSC. He specifically chose to live in the
Oakland District, because he thought this was a community that does not shy away
from the homelessness crisis. He supports addressing the City’s homelessness
head on. The only way that can be done is by working directly with the community

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that serves them, specifically the HSC and Andre House. The people that serve
there have dedicated their time and energy in providing thoughtful, livable spaces
for people to exist and receive basic human rights.

Chairwoman Shank thanked Mr. Simon for his service to the community. She
called on Ms. Penny Alle, to speak in support.

Ms. Penny Alle stated that she is the Chief Public Policy Officer for Valley of the
Sun United Way. She stated that Valley of the Sun United Way has served the
Maricopa County area for 95 years. They currently fund a number of housing and
homelessness providers and services and invest about three million dollars to
organizations across Maricopa County, including the HSC. These partnerships and
investments help to move the approximate 7,400 individuals experiencing
homelessness into safe housing and shelters with supportive services. They
recognize that homelessness is a regional problem that includes the County, City,
State, MAG, and providers, all working together. An initial meeting was scheduled
by Governor Ducey to address homelessness earlier this year, then COVID hit and
the convenings were put on hold. Months later, in November of 2020, the group
began coming together to address the regional undertaking. Meanwhile, through
COVID, the hottest summer on record, the current cold winter, thousands of
individuals, including children are experiencing homelessness. Neighborhoods
around the Campus are being overwhelmed due to there being no place for the
overflow of these individuals to go. Since the permit was requested, over 800
unsheltered individuals have died. If this happened in another community, state or
country, we would be appalled. It is time to take a vote; it is time to recommend a
change to the zoning to allow for more beds, not just for the benefit of the
homeless, but for the benefit of the neighborhood and their safety, their sense of
community, the local businesses. Maintaining the current situation helps no one.
Making this change will improve the situation for all and gives the stakeholders
across the Valley a chance to work on an affordable solution together. She thanked
the Commission for the opportunity to share their point of view on this very
important and lifesaving topic.

Chairwoman Shank called on Ms. April McCue to speak in support. She was not
available to speak. She called on Mr. Kharli Mandeville, however, she was not
available either. She called on Ms. Rebecca Denis.

Ms. Rebecca Denis stated that for many years she lived in the Woodland Historic
District and worked in the Oakland District, as well. She stated that she is very
familiar with what it looks like to live and work in an area where the unsheltered
folks are prevalent. She was not speaking as an expert. She was speaking as a
concerned citizen. They have already waited two years for this. She believes that if
they have to wait nine more months for beds that are guaranteed, then that is
better than the two years they have waited just to have this Commission be able to
vote on the proposal. She would not let her dog sleep outside in this cooler
weather the Valley is experiencing, nor would she leave him to the elements in our

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extreme heat, yet we are exposing our unsheltered neighbors to those conditions.
This is about human dignity and respecting and valuing all the people that live
within our cities. She understood that this is a comprehensive undertaking that has
a lot of layers to it, and she would love for our County, City, and State to do the
things that Councilman Nowakowski mentioned in terms of long-term solutions that
will ultimately get people out of homelessness, but the reality is that we are in the
middle of a pandemic. We are in the middle of one of our hottest summers ever.
People are dying and in need of resources. She was just at a drive to give to the
homeless people. She had multiple people stop in that moment asking what they
were doing that past weekend, and that they knew people that were experiencing
homelessness. Evictions are still happening. Unless there is something in the
future from the State that is going to stop people from being pushed out of their
homes, then this is going to continue to rise. She hoped that the Planning
Commission would make the right decision, and that they realize that empathy and
human rights are more important than logistic inconveniences. The reality is that
our homeless population need these beds and they deserve them.

Chairwoman Shank called on Ms. Leah Terry to speak in support.

Ms. Leah Terry stated that Councilman Nowakowski likes to talk about regional
problems. If we build a shelter in another regional area, in addition to the shelter
these people need a shower, they need a place to get free clothing and a meal.
Where they have that right now is the Andre House. They have all the services on
the campus, and all the people are already getting the services there. She has
worked heavily downtown in that area. They are already receiving services and are
already there. If they were worried about more people roaming around someone
else’s neighborhood, they were already there. This is only going to fix the issue. If
they wanted to talk about housing people, getting their case covered by services
on the campus, having these additional permitted beds will help them have a place
to sleep at night and then continue to work on their case. It will only improve. She
urged them to make the right decision. This is about empathy, about people. These
people will die, and their decision is inextricably connected to that.

Chairwoman Shank called on Ms. Julia Blois to speak in support.

Ms. Julia Blois stated that she was expressing her support for the addition of
shelter beds in her neighborhood. When she looks at the zone and at their
neighbors who sleep in tents and on sidewalks, it stirs something up in her. She
has to believe that we are capable of being a better community than this. This
zoning case gives us the opportunity to make a choice about what kind of
community we want to be. No one is suggesting that this is the final solution for
homelessness in Phoenix. But this is a great firsts step in the right direction for
people who are already here, and most importantly a step away from burying
hundreds of Phoenix residents in mass graves in the Phoenix desert. She was not
saying anything new or exaggerated. That is what happens when we do not shelter

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people. Shelter works, and the experts are ready to serve our community. That
gives her hope.

Chairwoman Shank called on Ms. Jessica Berg to speak in support.

Ms. Jessica Berg thanked the Commission members for listening with such care
and consideration for this very challenging case. She has been with St. Vincent
DePaul for five years, and she was with Maricopa County when the HSC opened in
2005. She is well-acquainted with the zone. She remembers when the streets were
clean, and she wanted to get back to that. She agreed with their neighbors that the
situation is untenable. She supports adding more shelter beds, as that can help
solve this problem. They talked about the old overflow shelter, and she remembers
the time when police would find people defecating in alleys and would say to them
that they could not be there but could go down the street to the overflow shelter.
Since the shelter closed in 2018, the neighborhood has gotten worse, and worse
and worse. The streets are a disgrace, and the neighbors are rightfully frustrated.
The issue is not that the HSC is not doing its job. They provide services for up to
1,000 people every day, yet they do not have permission to give them all a shelter
bed. They are on the street and this is a public health crisis for them and everyone
in the neighborhood. She asked the Planning Commission to please let them bring
people inside the buildings to sleep and use real toilets in the middle of the night.
They can decrease the impact on the neighborhood, save lives and end
homelessness for even more individuals.

Chairwoman Shank called on Ms. Rebecca Taylor to speak in support. She was
not available. She called on Fr. Dan Ponisciak.

Fr. Dan Ponisciak. stated that he is a Catholic Priest and Executive Director of
Andre House. He lives in the Oakland neighborhood. He stated that he is in
support of adding shelter beds and simply wanted to provide a brief rationale for
why they chose to partner with Community Bridges as their shelter operator. Andre
House is not in the business of sheltering people. They are in the business of
serving food and providing emergency services. Community Bridges (CBI) is very
good at sheltering people and providing services to the most vulnerable in our
community. CBI shares their belief that human dignity is paramount and starting
with the human person is critical in helping end their homelessness. CBI sees
people how they do, through love and compassion. They see people for who they
are. They love them and try to help them end their homelessness.

Chairwoman Shank called on Mr. Steve Zabilski to speak in support.

Mr. Steve Zabilski stated that he is CEO of St. Vincent DePaul and a Phoenix
resident. He stated that driving around downtown, past the tents, we would all
agree that it is devastating. I wanted to reiterate, that regional solutions are
needed. They are essential. St. Vincent de Paul and their partners are working
throughout the Valley and the State to provide localized assistance for those who

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need it, bring services to where they are most needed. That is why they support
this request to add shelter beds. If there were more beds, our streets would be
cleaner, our community would be safer. If there were more beds, we could do a
better job of helping people to end their homelessness, to actually end it. He
concluded by asking, could we please allow the men and the women who are living
in squaller on our streets to come inside out of the cold/heat while we all work
together on regional solutions to best resolve this humanitarian crisis.

Chairwoman Shank called on Mr. Jason Odhner to speak in support.

Mr. Jason Odhner stated that he lives a few blocks from the HSC and owns three
other homes in this neighborhood. He lives there with his wife and 10-month-old
son who he takes for walks, often at night. He feels safe in this neighborhood. He
was calling to support, in the strongest possible terms, an expansion of the shelter
beds available. It is frustrating to him to hear the outgoing City Council member
continuously and disingenuously claim that he is speaking on behalf of the
residents of this district, when he knows that many of the residents of this district
strongly support the expansion of shelter beds. They have told him that again and
again. Almost all his neighbors support this, because they remember when the
overflow shelter existed. To be clear, he stated that the overflow shelter was
abysmal and what is being planned will be much better than that was, but it was
something. When the overflow shelter closed, the situation got worse and more
complicated. They saw more of their neighbors sleeping in alleys, they had more
issues with people having nowhere to defecate other than in the alleys. The
solution to that is bathrooms and beds. He really wished that the outgoing City
Council member would stop pretending that he was speaking for him and his
neighbors, when they told him again, again and again, that they support this
request.

Chairwoman Shank called on Ms. Brandi Ryan-Cabot to speak in support.

Ms. Brandi Ryan-Cabot stated that she supports adding shelter beds at the Human
Services Campus. Last year she participated in the point-in-time, homeless count
and spoke with people who were desperate for a bed but could not access beds
due to filled capacity at shelters. Stipulation No. 2 offered by the HSC, includes one
hundred beds, designated as low barrier. They have talked about this Andre House
change. So, some of the people that she saw with pets, might actually be able to
obtain shelter, which would get them off the street.

Ms. Cabot stressed that any additional beds opened up on the campus, mean less
people in neighborhoods. Denying beds at the HSC just means that people will not
have a place to sleep inside. People will not leave neighborhoods just because the
HSC does not have an open bed. Stipulation No. 4 provides more trash bins and
better access to people to dispose of trash in the right way. This means less trash
in the streets and on private property. Stipulation No. 5 requires two toilet facilities
that are ADA compliant. There is no getting around having available bathrooms to

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get the correct outlet to desperate people who use public areas. She stated that
she had more to say but was running out of time. She thanked the Planning
Commission for listening.

Chairwoman Shank called on Mr. Don Ioli to speak in support.

Mr. Don Ioli stated that he is in support of adding more shelter beds to the Human
Services Campus. He appreciated all the comments he had heard. He did not have
anything new to add other than saying that he worked at the overflow shelter for
years; it is no longer in existence. He cannot help but think that more beds would
also reduce the problem for the neighborhood. One thing that has bothered him
while paying attention to these meetings is that a lot of people have vilified
homeless people. While there is an element, there are many, many good people
who find themselves in very extreme conditions that are without shelter. They
deserve a bed, and we need to do something about it. He really hoped that the
Commission would vote in favor. He thanked them for their time.

Chairwoman Shank called on Mr. Douglas Newton to speak in support. Mr. Newton
was not present. She stated that she would call on the opposition speakers. She
called on Ms. Angela Ojile and gave her four minutes to speak.

Ms. Angela Ojile stated that she is the Chair of Madison Pioneers Coalition. She
was told they would have equal time, so they did not have a presenter. She asked
where they were on time.

Chairwoman Shank stated that the opposition would receive 44 minutes to speak.
Four minutes would be given to Ms. Angela Ojile, Mr. Michael Rodgers, Ms.
Katherine Roxlo, and Mr. Ian Francis. Three minutes would be given to Ms.
Twanna Brunson, Ms. Caroline Lobo, and Mr. Bill Marlan, and two minutes for all
other speakers.

She asked Ms. Ojile to start her presentation. Ms. Ojile stated that she is the Chair
of Madison Pioneers Coalition and Common Sense Coalition, which is a group of
neighborhood leaders throughout the Valley. She stated that the neighborhood and
the surrounding neighborhoods which are minority, lower income have not been
able to speak up for themselves. In previous times, when there were 200 or so
people, they wanted to fight it, but they really did not get to, and then it was pushed
to 450. If the Commission members could see what was going on in their
neighborhood they would see how daunting this is for these people living and trying
to work down here. She stated that the City of Phoenix and the Planning
Commission are responsible to provide safety and health to their neighborhood.
She asked them to be concerned about the adverse effects of the Human Services
Campus on the surrounding community, which is farther reaching than anyone
wants to admit. It is the cause of great and costly blight, crime, drug activity, trash,
and health issues. The HSC has a long-standing history of being a bad neighbor.

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Because of these issues, if this were being considered seriously, this would be a
good reason just to reject the application in a case that would come before them.

Ms. Ojile stated that Andre House is not equipped to run a shelter. They have got
no real plan. They heard that they talked to Phoenix Rescue Mission, who
declined. This was the first that they heard they have a deal with Andre House.
They have not seen any contracts to show what that would even look like. The
more they have spoken to the HSC, the more it appears that they do not even have
a real plan. Ms. Ojile stated that they have pointed them to Phoenix Rescue
Mission, who when things do not work they redo the work. Their neighborhoods
end up loving them. They look at things that are not working and they make it work.
This is not happening for them in their neighborhood. She stated that the
neighborhoods do not count. The flowery vocabulary and verbiage does not
change anything. She stated that the HSC is trying to lull Commission members
into believing that they can be good neighbors, yet they have not been, and they
are not going to be. The HSC has no response to things that they do not want to
address. When the neighborhood goes to Phoenix Rescue Mission, everything is
answered, it is clear and transparent. That is not happening for them with the HSC.
For two years, the neighborhood was not even involved in this process. The HSC
just does not want to take responsibility for anything. She believes there is a better
way help the neighborhood. They are already paying taxes to clean up the mess,
well over 100,000 dollars per year for the Streets Department and that does not
even include ambulances, police, fire, lost revenue, and vacancies down there.
They have made stipulations and they are willing to give in. In fact, they have given
in a lot. They are willing to go to 700 beds. She asked, if the HSC cannot be real
about what has to be done to also safeguard the neighborhood, how are they ever
going to get anywhere.

Ms. Ojile stated that they have met several times and the neighbors are really
willing to work with them, but it is not coming back that way. She stated that there
is a way that this can be done right, they have seen it at Phoenix Rescue Mission,
UMOM, and Native American Services. The HSC states that they are not a prison,
however, people that she has talked to on the streets say that it seems like that
there. She thinks that they are referring to a closed campus for Phoenix Rescue
Mission, but she has heard nothing but good things about them. Even people that
she has talked to still have really good things to say about Phoenix Rescue
Mission. Ms. Ojile stated that she wants the HSC to be a good neighbor. The
neighborhood residents feel like they are the poster child for the way Zoning, City
of Phoenix, and Maricopa County are going to treat neighborhoods, and all the
neighborhoods are watching. They have 20 neighborhoods with Common Sense
Coalition, and they are all waiting to see how they are going to be treated, because
that will be them, next.

Commissioner Gaynor asked how long Ms. Ojile has lived in the neighborhood.

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Ms. Ojile stated she has had a small residence down there for eight years, which
she has not been able to turn into anything. Occasionally, she has had a few
people living there.

Chairwoman Shank called on Mr. Michael Rodgers.

Mr. Michael Rodgers stated that he is Chairman of the Papago Vista Neighborhood
Association and a member of the Common Sense Coalition. He has been involved
with the issues of homelessness and helping people get off the street for many,
many years. He lives in East Phoenix and supports the City Council’s Homeless
Initiative’s Mandate to create smaller shelters throughout the City and in other
cities of the Valley, specialized shelters that offer services, and do not negatively
impact the neighborhood. He stated that had been brought up many times,
however, he thought it was an important point. He and his fellow neighborhood
leaders in East Phoenix are watching this very closely, because they know it is
coming their way at some point. They do support shelters in other neighborhoods,
so they do know it is coming their way, but they want to know exactly how the City
plans to deal with them in due time. In the month plus that the City has given them
a chance to work with Mr. Paul Gilbert and the HSC administrators, he has seen
some things that he could hardly believe. There is an absolute and complete
disconnect between the HSC and the reality of what is happening in the
neighborhood, and it is clearly a direct result of the broken service model they are
using to address those experiencing homelessness. It is deeply troubling to him.
They say things like, ‘We didn’t cause homelessness, we can’t solve
homelessness’. They were not suggesting either of those things are true. He stated
that it was an exercise in total futility to try and address the reality that the
neighborhood experiences every day, with a group who have collectively checked
out and continued to deny any and all responsibility for the devastation of the
neighborhood where they operate. This became clear to him over the last month.
The negative impact that the HSC is having is not automatic. He stated that he
lives just north of UMOM and the Salvation Army campus. They do not negatively
impact their neighborhood, they provide awesome services, and are excellent
neighbors. Any stipulation that they propose that would have a dramatically
positive effect on the issues at hand was flatly rejected by the HSC. Then they
heard them posturing as if the minor stipulations that they agreed to somehow
show a willingness to cooperate. He stated that it is absolutely appalling and
insulting to him and the neighborhood. Expanding this campus capacity goes
directly against the City’s Homeless Initiative, it is diametrically opposed to and
undermines the mandate for smaller specialized shelters spread throughout the
Valley that do not negatively impact the neighborhoods.

Mr. Rodgers stated that they have to understand and accept that the HSC clearly
violates the standard and has for many, many years. Excessive gathering of those
experiencing homelessness on the streets surrounding the campus are not there
because there is no room at the inn, that is a falsehood. A great deal of the people
gathered there are there for drug sales, drug use, and sex trafficking, not to

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mention the ability to camp without being trespassed. There is little to no
accountability. Expanding the bed capacity to being the largest homeless shelter in
the country will only increase this presence, not decrease it. In closing, he stated
that in the aftermath of the half-hearted and bad faith attempt to reach an
agreement with the HSC, he was adamantly opposed to the approval of this
special permit.

Commissioner Gaynor asked Mr. Rodgers if people were camping around any of
the other shelters, such as Salvation Army and UMOM.

Mr. Rodgers stated no, not that he saw. He is down there because his health clinic
is down there, and he receives medical treatment on Van Buren Street at a clinic.
He is there regularly. They do have a homeless presence in their neighborhood
and that is where he has been involved in the last few years, with his community
action officer, business owners, and residents in the area, to assist with that effort.
But, no he does not see anything down there. In fact, he stated that they organize
their neighborhood association as organized clothing drives and have assisted
them with Christmas programs and other things at UMOM. They consider them to
be good neighbors.

Commissioner Gaynor stated that he heard Mr. Rodgers, quite outspoken about
the campus. He asked him to name an important difference he could share with the
Commission that differentiated the HSC from the organizations that he works with.

Mr. Rodgers stated that the organizations in his area have a plan. He quoted
Jonathan, the president of the HSC who he met with earlier in the week. He said,
“We do not have a business plan. We do not have a plan. We are a non-profit, we
do not have to have a plan.” Mr. Rodgers stated that he tried to press him on his
words but got absolutely nowhere. He thinks that these other agencies have a
plan. From the moment the client hits the front door, they have a plan for them.
They are a closed campus, the client enters the program, they may come and go if
they have a job or an interview. This is a program where they deal with people on a
daily basis. They do not just give them a place to sleep and some food for eight
hours, and then the other 16 hours of the day turn them loose in the neighborhood.
That simply does not happen down here, he stated.

Commissioner Johnson stated to Mr. Rodgers that by doing nothing and denying
this case, people would still be camping outside, messes would still be made. He
asked him if he understood that this was their opportunity to hopefully find some
common ground with the applicant, to be able to put teeth into cleaning and
regulations that will hopefully benefit the neighborhood, but also give them the
ability to house people. He asked if Mr. Rodgers was at least in agreement with
them on that point.

Mr. Rodgers stated yes. He understood that. That is why they entered into good
faith talks with the HSC and the administrators over the last month. He stated that

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he shared the Planning Commissioner’s hopes. He was hoping that the stipulations
that would dramatically improve what is happening in the neighborhood would be
considered and adopted by the HSC administrators, but all they hit was a brick
wall. He stated that Mr. Gilbert went down the list and stated, ‘No, we are not going
to do this, no, we are not going to do this, oh, yes, we will let the City do this, but
no, that one no, no we are not going to do that’. It was just an exercise in
frustration. He guaranteed that if the Commissioners listening to his voice right now
were a fly on the wall in the Zoom meeting they had on Monday with HSC and Mr.
Gilbert, that they would kick this thing out the door so fast it would make their
heads spin. He was absolutely appalled. He was shaking inside sitting there,
having lived through this last month dealing with this, and then coming to this
meeting trying to be civil and showing a bit of wisdom on how to solve this problem.
He stated that they had the same hopes.

Chairwoman Shank called on Katherine Roxlo to speak.

Ms. Katherine Roxlo stated that she does not live near the HSC, but she felt it was
her responsibility to speak up against this permit. She asked the Planning
Commission to please deny this special permit. Denial would be in the best interest
of the City, persons experiencing homelessness, and the many neighbors and
neighborhoods that are negatively affected by the current HSC facility. To begin
with, she stated that the permit would not protect the neighborhood’s health and
safety from the effects of the HSC being located there, at basic health ordinance
levels, something every neighborhood has a right to. The HSC has been in full
control of the campus since 2017 and neighborhood conditions have gotten worse.
They do not require clients to stay on campus. So, if expanded, twice the number
of people will linger in the streets. Contrary to Mr. Gilbert, the permit opposes the
Capital Mall Overlay goal, the City’s promise for 35 years to this community to
reduce shelter spaces in this area. The Overlay District goal is to reduce shelter
spaces in the area. This permit increases it. The permit application is in direct
opposition to all City values. It does not celebrate the diversity of the neighborhood.
It unfairly concentrates people experiencing homelessness and substance abuse
problems. It does not create vibrant streets. It creates unsafe streets. It is not
sustainable. It hurts the local economy. The permit application is in direct
opposition to the new City homelessness plan, that calls for smaller, regionally
located, specialized support facilities. The HSC stated that they need more beds
now, but the permit stipulates the first new beds to be put in Andre House, and
Andre House stated that it will take nine months for them to design, construct, and
start sheltering the first additional person. The Madison Pioneers Coalition (MPC)
proposed stipulations that would allow beds immediately at CASS. It is unrealistic
to think that by more than doubling the number of beds in the area, that the
neighborhood conditions will improve. The HSC has poorly managed the current
size. They cannot be expected to manage a larger campus, better. Madison
Pioneers Coalition asked them to make it a closed campus to keep people on
campus the way Phoenix Rescue Mission does. They say they do not want to do
that. Many other groups manage campuses in Phoenix that are humane, clean,

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and safe. This campus is not and should not be condoned or expanded. The
current draft stipulations are a recipe for disaster. Stipulation No. 2 that states that
there would be an increase from 425 to 1,000 beds within the permit area is more
than doubling of the burden on the local community. Many of the HSC clients
spend their days outside near the facility, socializing in public streets. Doubling this
will not make the neighborhood cleaner or safer. Experience shows this. Madison
Pioneers Coalition generously offered to agree to an expansion of 700 beds, but
the HSC turned this down. Stipulation No. 2 a. and b. states, ‘Addition of low
barrier shelter beds is an additional burden on the neighborhood. It is inconsistent
with the City homelessness plan again, to regionally disperse different needs. It
clearly will not help those seeking employment, and abstinence from drugs if they
meet low barrier residents in the streets around the HSC who according to the
permit will be allowed to sell and use drugs on the street, but not inside the facility.
This is dangerous. Many consider CASS a low barrier shelter, but they want to go
lower. As an example, the permit says that Andre House will allow shelter without
showing identification. This means that they will allow sex-offenders and other
criminals to shelter there. This restriction was placed at the campus after
neighborhood women and children were raped and killed by people seeking shelter
there. Contrary to what Mr. Gilbert says, these people will not be required to stay
on campus. They can participate in programs, but they will not be required to. That
is the low barrier portion. They will be allowed to stay on campus or go off campus.
They will not be screened carefully, as Mr. Gilbert says. That is the point, Andre
House will be a low barrier campus, without screening. Andre House will allow
shelter without program requirements, like abstinence from alcohol or drugs,
except within the facility. Simply that means they can do it outside. To conclude,
she stated that Section 504.1 of the City of Phoenix Special Permits Ordinance
states that a special permit may be revoked by the City Council upon finding that
the manner of conducting the business is a safety hazard or is in any way
detrimental to persons residing or working in the vicinity or the neighborhood, or to
the public welfare. Factors listed here include, but are not limited to odor, noise,
smoke, traffic congestion, breeches of public peace, and order causing or
contributing to the decline in property value. She stated that all these safety factors
exist. She urged the City Planning Commission to recommend revocation of the
current HSC Special Use Permit.

Chairwoman Shank thanked the speaker and asked if members had any
questions. There were none. She called on Mr. Ian Francis.

Mr. Ian Francis stated that he lives downtown. He used to live there full-time, but
now just part-time. He works and runs several businesses. He is part of the
Madison Pioneers Coalition and has been working with multiple neighborhood
groups over the past year and one half, along with the HSC on this topic. During
the last several months, their conversations have gotten really specific. They have
also had a lot more neighborhood organizations get involved once the
transparency started to appear on what is really happening in this area, and what
the HCS and Andre House are really trying to do.

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Mr. Francis stated that they have been working with Councilman Nowakowski,
many neighborhood groups, and the City staff to draft their own stipulations on
what they believe and thought, based on a year and a half of experience, things
that needed to be added into these stipulations to keep this area safe and help
everybody involved, not just the business owners and residents, but also the
people that are dealing with homelessness. The HSC has made no changes to
their original stipulations thus far. They do not feel like they can constantly be doing
this. Instead of spending the last year and a half on this permit, he would rather
have spent the last year and a half on finding solutions, and they actually have. He
stated that he would read part of their main stipulations. The neighborhoods came
together and agreed that they are willing to work with the HSC and allow the
following:

• Allow CASS to have the capacity of 700 beds inside their current facility for
a nonrenewable three-year period. Three years is so that there can be more
programs that fall in line with the City of Phoenix Homeless Plan.

• Not create any low barrier shelters in the Capital Mall area. The reason for
this is that the low barrier shelters have since day one been their main
concern. They are most concerned about the people that are creating the
crimes, the drugs and sexual offenses.

• Institute a closed campus model, similar to what works and what has proven
to work at the Phoenix Rescue Mission and other shelters.

• Remove the Andre House from the zoning application.

Mr. Francis stated that the HSC did not agree to any of these. In fact, when they
had a meeting on Monday January 4, 2021, they got extremely frustrated with the
HSC. He told them that their model is broken. It is not working. They cannot handle
the people they have currently. Mr. Jonathan Koppell stated that they have no
working model to handle the people they currently have. They self-admitted not
having a working model at the HSC or the Andre House. The Andre House is a
self-proclaimed soup kitchen and does not have the medical expertise or
operational expertise to manage people with substance abuse and severe mental
disabilities. And as of Monday, they had no operator. In three days, they pulled an
operator out of their hat. That was news to him.

Mr. Francis stated that they have done a lot of studying and research over the past
year and a half, and they have discovered that it is extremely dangerous to have a
low barrier shelter facility directly adjacent to a facility where people go and expect
to feel safe from harm and drugs, and violence, and change their lives. This is not
only irresponsible of the HSC and the Andre House to ask for this, but also
reckless to human lives in general. He stated that they were trying to work with
HSC, and they did not agree to some of their most important stipulations. Based on

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the lack of any current working model, and the gross neglect and failure to manage
the residents that they currently have, they request the Planning Commission deny
the HSC and Andre House Special application in its entirety.

Commissioner Gaynor stated that if they came up with some kind of a solution
tonight, he asked if Mr. Francis would be supportive of a solution that allows for
some of these people to immediately get off the street and have some shelter.

Mr. Francis responded saying absolutely, he would be in support of it. In fact, one
of their stipulations that they presented to the HSC, Stipulation No. 28, which says
they would give the HSC 30 days to house as many people as they could to get up
to that 700 occupancy, off the street. The plan that they gave them was to have
700 people off of the street within 30 days, and they could move directly into the
CASS shelter, which currently has the space to do so.

Commissioner Gaynor stated thank you for clarifying. He stated that he sees the
Councilman was trying to work with an entire community that were not brought into
the discussion and are adjacent or within this area. He asked Mr. Francis if the
work that has been done recently regarding outreach to his community there and
surrounding the campus has been sufficient.

Mr. Francis responded that originally when he approached the HSC over a year
ago, he asked Ms. Amy Schwabenlender directly for those stipulations, and they
refused to give him those stipulations. It was months later that he had to go
through back channels with the City of Phoenix and to actually make those
stipulations public, which basically started all this conversation. He thinks that the
HSC was trying to make this fly under the radar. He thinks they wanted to get it
done without neighborhood input. And he thought that the fact that recently
Councilman Nowakowski has brought together all of the neighborhood
associations that have begun to work together on this, it has been a massive
change in the last couple of months for the better, as far as communication. He
stated that honestly, he thought that the HSC is going to do what they want. They
do not want any accountability from anybody. They feel that they can run things the
way they want to without any input, and that is the way they have felt so far and
how they have handled it.

Commissioner Gaynor stated that his question was really related to getting him and
his community involved. He appreciated his response.

Chairwoman Shank called on Twanna Brunson next.

Ms. Twanna Brunson, Village Planning Committee member, stated that
Commissioner Mangum asked earlier if the HSC could guarantee the safety of the
people in the neighborhood and the response was yes. Ms. Brunson stated that
was not true. They can come and go as they please. At the meeting, the HSC
refused to answer a question that Mr. Francis asked them. Madison Pioneers

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Coalition continuously presented resolutions to them and ultimately the HSC’s
response was that their goal was to serve the homeless not the surrounding
community. She stated that there is no good faith here. She understands that they
are concerned about the homeless, but they also need to care about the people in
the surrounding area who are experiencing people defecating on their property and
feel unsafe to walk the neighborhood, afraid to take their children to the park. She
heard a testimony of a woman who said that a gentleman was killed trying to
protect her from a homeless man in that area. The HSC has made it absolutely
clear that they do not care about the impact that they have on that neighborhood.
All they are asking is for the Planning Commission to have them consider a
different location. The neighborhood has been bearing this burden for quite some
time and it needs to be spread out. She respectfully appealed to the Planning
Commission to please oppose this request. They care about the homeless too. The
HSC cannot solve this problem. The impact on the community has been
devastating, as well.

Chairwoman Shank thanked Ms. Brunson for her service on the Village and called
on Caroline Lobo.

Ms. Caroline Lobo stated that she is a practicing architect, a resident, and business
owner in Sunnyslope, and the Chair of the Hatcher Urban Businesses, member of
several non-profit organizations in Phoenix, including the Common Sense
Coalition. She stated that she was speaking on behalf of her neighborhood
members as well as a member of the Business Alliance. She is watching this
particular expansion item very closely, because what they decide here will set the
tone and the standards for neighborhoods such as theirs in Sunnyslope and the
rest of Phoenix. The Zoning Ordinances sets the tone for health and vitality of any
area. Zoning provides standards and regulations of how our land and structures
are developed. They in Sunnyslope have had their fair share of issues from drugs
to transients, loitering, to persons experiencing homelessness. Several of their
neighborhoods are working really hard to provide opportunities to those who would
like to have a better life but somehow have never seen the light of day. While they
are not talking about Sunnyslope under this particular agenda item, she finds so
many commonalities between homelessness issues in downtown Phoenix and
Sunnyslope. The dining hall on 10th Avenue and Hatcher Road, while a great
resource for those in need, which she does support, has become a major issue for
surrounding residents and businesses. Sunnyslope predominantly is known as a
low-income area. They have had their fair share of services in their neighborhood
and have faced the unintentional consequences of locating several charities,
service organizations, all congregated in one area, the unintentional consequences
of loitering, theft, defecation, all of which have been mentioned before, have
affected the fabric of their community. For the last 18 years, she has seen these
conditions only get worse, every day. This is where people like her and other
neighborhood leaders have turned into activists and have said enough. This is not
equitable. They embrace their fellow human beings in need, but they also embrace
their fellow community members who are working hard, sometimes 16 hours per

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day to make life better for themselves and their children. Kids in their neighborhood
notice when they have not been treated fairly. They notice when they live in
deplorable conditions. This is a vicious cycle, and it has to stop somewhere.
Businesses notice when they have spent extra dollars putting up fences around
their property. They will spend more for just basic clean-up. She is a small
business owner and understands wages well when she has to spend extra dollars
that are not planned for and hurt her bottom line. Several homeowner associations
in town have CC & Rs to protect their own communities. She stated that many in
the audience have such communities and take pride in it. This pride should be a
right for all, and not just a few. She stated that we need to put equity at the top of
the list. She urged the Planning Commission to look at a wholistic solution and not
a one-sided one.

Chairwoman Shank asked if there were any questions. There were none. She
called on Mr. Bill Morlan.

Mr. Bill Morlan stated that he has a family-owned business which has been in the
Capital Mall area since 1952. They have been at their current location since the
early 1970s and he has been coming down to this area since 1985 for work, so he
has some experience related to the neighborhood. He has many people who work
with him and have been employed in this area longer than he has. They all have
told him that they have never felt as nervous, scared and uncomfortable in this
neighborhood as they do recently. Things are different than they have been, and
things were not good before. He asked them to please vote against this
application. He wanted to make it clear to the Planning Commission that every
single person who is speaking against this application is in favor of additional
housing for homeless people, in the City, County and the State. They all want
people off the street. That was the reason that they came up with their compromise
that would have raised the number of people at CASS from 450 to 700, because
they felt that could shut it quickly. This neighborhood has borne the brunt of the
concentration of homeless services for a long time. He stated that Mayor Gallego
said that herself a year ago. They felt that the situation was so dire and in such
need of drastic action that they were offered and accepted the idea of bringing
more beds downtown for a short period of time in order to get people off of the
street tomorrow. He stated that a recent article in the Catholic Sun about Andre
House specifically stated that if the application was approved tomorrow, Andre
House would not be available to take any people in for one year. Andre House has
to have their people in place before anyone else is allowed to set up a traditional
shelter bed. That means that not one more person can move into CASS until Andre
House puts in 100 beds.

Mr. Morlan stated that Andre House has no plan. They have never run a shelter,
and they have no experience running a shelter. He stated that it was clear from the
comments they got tonight that even their representative does not know how they
are going to do it. CASS will take service animals. Andre House will not have ID
checks, so how will they know if they are letting in offenders. He agreed with Mr.

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Gilbert on one thing. Mr. Gilbert stated that he feels like things keep constantly
changing during this application process. Mr. Morlan stated that he agreed with him
completely, because every time they ask the applicant a question or ask for
clarification something changes. They clearly have no plan. They do not know what
they are going to do. Mr. Morlan stated that he completely agreed with the
gentleman’s comment earlier that said sometimes a band-aid is what is needed.
Sometimes a band-aid is the thing that will save a person’s life. Right now, they
were asking to have Andre House learn how to build a band-aid factory, make the
band-aid, and then start putting band-aids on people before CASS, who has been
spending the last few years looking for options, set up small stand-alone shelters
that do not hurt the neighborhoods around them

Commissioner Busching stated that she has been listening to all of the people in
favor and opposed, and she asked him if he was preferring the status quo, and the
Commission to vote not to go forward with all these stipulations that should help
the situation.

Mr. Morlan stated that was a really complex question and he has thought about it a
lot . He worried about that, because things are not sustainable the way they are
right now. He stated that the City has made a huge commitment in terms of what
they are willing to do, and what they feel needs to be done. The City is
implementing a plan that will address this long-term. As terrible as this last year
has been, one of the few good things has come from COVID. Some of the other
service providers have learned how to set up temporary shelters quickly in things
like hotels, that do not hurt the neighborhood around them. It allows people to get
off the street and live some place with decency instead of getting a tent set up in a
parking lot which is what the County and the HSC have been doing across the
street from his business for the last year. People have learned a lot of valuable
lessons in the last year, including how to set up a shelter quickly. If it is an
emergency, it can be done. He answered her saying that he did not prefer the
status quo, but he did not think that his options were a terrible idea.

Mr. Morlan stated that Caroline Lobo, who spoke before, and he are both on the
side of strategies to address homelessness, as is Ash who spoke in favor of this
application. He stated, there are other options we can do. We know however, that if
this application goes through as it is, it will not be a good solution for the people
experiencing homelessness, and it will not be a good solution for the neighborhood
either. They felt like it was important to offer something, not just be opposed to
something.

Commissioner Gaynor asked staff for a clarification. If this application was
approved and Andre House has to have the first 100 beds, he wanted to know if
that meant that it would take a year before getting anyone off the streets.

Ms. Escolar responded yes, that is the way it was stipulated. Andre House would
have to start operating first with the 100 low barrier shelter beds. They would either

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have to have a new building addition or modify their existing building to
accommodate that.

Commissioner Gaynor stated that he is asking again because he wanted to make
sure that he is really clear. When they hear any of the sides saying they want an
immediate solution, as it is being presented, it is not an immediate solution that will
take people off the streets. He thanked her for clarifying it.

Chairwoman Shank asked if it was part of the stipulation.

Commission Gaynor responded that it was part of the packet, the proposal.

Chairwoman Shank asked if that was a City stipulation or the neighborhood’s
proposal.

Ms. Escolar responded that it was part of the staff recommendation in the staff
report.

Mr. Alan Stephenson stated that the stipulation is there as part of the Human
Services Campus outreach to the community. There was significant discussion
about the way to reach hard to serve homeless persons, and that was through a
low barrier shelter. Staff did not want there to be a discussion about how they were
going to serve the hard-to-reach folks and then not have a low barrier shelter
constructed with beds available for them, but instead only have beds in the existing
HSC campus. He stated that the stipulation certainly was open to modifications by
the Planning Commission, if they were so inclined.

Chairwoman Shank called on Joel Coplin to speak next. Following him, the rest of
the speakers would receive two minutes each to speak.

Mr. Joel Coplin stated that he is the founding member of the Madison Pioneers
Coalition and a member of the Common Sense Coalition. He lives a block from the
HSC. He implored them to vote no on the special permit allowing the extension of
up to 1,000 more beds. He stated that the HSC is so large now it cannot do justice
for the people it supposedly there to serve. Sometimes it takes years to get the
service. Adding more beds will make it doubly hard to obtain services. He stated
that this was straight from the horse’s mouth. Because he lives in the zone, he
personally knows many of the residents of CASS and those relegated to the
streets. Many of them have been kicked out of CASS and cannot go back in,
because of minor infractions and breaking of the rules. A man named William was
kicked out for having too much stuff. They are both living on the street by the
Visitors Center along with hundreds of others in an absolutely crazy and depraved
setting. There are nightly fights, people so far out on drugs, they dance crazily half
naked, twirling and striking at the air, cursing imaginary foes. He stated that he is
used to it, but he would bet that none of the members would dare walk down
Madison Avenue after dark, as it resembles a post-apocalyptic nightmare. It is all

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caused by the HSC inability and unwillingness to deal with such madness. He
stated that hurts him personally. What hurts him more is the mentally ill that do not
even know that they are homeless. There is a lost soul across the street from them
who barely moves out of the way of his blanket to defecate. There are vagrant
women who will not speak and are obviously in distress, and where is the HSC?
He has called the EMTs, and they come and do nothing. They come a half dozen
times per day and they do little, and that costs the taxpayers. That hurts more than
the gun shots and screaming that comes down the block. This is outside the walls
of the HSC. Inside, he hears of maggots and flies, mildew, and rust. People would
tell him they were at HSC years ago and it was very different from what it is now.
So many people have left to be on the streets, rather than deal with the guards and
the filth. The HSC wants bigger and more. No one Mr. Coplin has talked to will stay
in their shelter. He stated that our streets are flooded with people. Their
neighborhood is under siege, and the HSC wants more. They cannot handle what
they have. He asked the Planning Commission to please vote no.

Chairwoman Shank asked if there were any questions from Mr. Coplin. There were
none. She called on Eva Olivas.

Ms. Eva Olivas stated that her family lives in the Oakland neighborhood. She
works primarily with the community of Central City South. They are three blocks
south of the HSC. She stated that the neighbors that have not been considered or
talked about or remembered are the Grant Park, Central Park RG Homes, Hansen
Village, Sherman Park neighborhood, Marcos, West Bravarios, and New Homes.
They support many of the goals of the Common Senses Coalition, but they have
their own quality of life plans. Fifteen years ago, they started having conversations
about the HSC. Many of the people in these neighborhoods were in the initial
conversations, when they were promised that the Campus would not expand more
than 428 beds. While the Campus is saying that they filed this zoning variance in
January of 2019, she could tell the Commission that for 15 years she has been
filing complaints with every single department, with the City, with the Mayor, with
the Council, with Councilman Garcia, and Councilman Nowakowski, and nobody is
listening. She has been pleading for her community of 12,000 residents that she
serves south of the campus, who have an income level of 19,000 per year and
have very few computers and very little computer literacy. That is why they cannot
come to these meetings. It is very difficult to participate in the process without
computers. This process is eliminating their community from the conversation. For
15 years, they have been completely ignored. She stated that they are very
compassionate people. They know that COVID is affecting people and beds are
needed to help families that are getting evicted. She said that she would consider
supporting 700 beds for CASS to be extended immediately so they could use them
right away for a temporary period of three years. She did not agree with there
being any low barrier beds. Nobody reached out to their community, and she has
been coming to these meetings constantly. The stipulations were drafted in hiding
by the HSC and by the City. She stated that she and her community were never

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involved in those initial conversations. So, it is a shame that this is where they are.
She thanked them for their time and service.

Chairwoman Shank called on Jessica Bueno.

Ms. Jessica Bueno stated that she is President of the Oakland Neighborhood
Association. There boundaries are from Van Buren Street north to Roosevelt
Street, and Grand Avenue to 19th Avenue. What they feel every day is the impact
of irresponsibility of all municipalities, City, County and State, most importantly, the
lack of transparency and relationship that the campus has had to the neighborhood
has been very detrimental, and that is what they were seeing play out in this
meeting. What they have experienced in the last 15 years has been the rotating
door of leadership, so there is no commitment to the actual HSC to serve the
population that they say they do, and the community surrounding their services.
While this case has been pending for several years, since 2016 they have been
seeing the need, and they have been asking if there have been plans to expand,
and they were always met with the response, “No, we do not need to, we are not
going in that direction.” In 2018 they received a letter of a community meeting to
talk about expansion.

Ms. Bueno stated that they understand there is a need. They know there is a need,
but at the same time it is irresponsible to continue to let an organization that should
have been planning for expansion for several years, which was the original
agreement. This neighborhood, this community, Central City South, District 7 and
District 8, they agreed to accept the 425 beds, because nobody else in the City
would do it. So, now their rationale of the Human Service Campus is, ‘they are
already here, let them be here.’ That is not reasonable or responsible. Their efforts
are lazy and convenient. Everybody in the City needs to step up and allow a fair
share policy, and each of their council districts, and provide shelter for people.

Chairwoman Shank asked if there were any questions for Ms. Bueno. There were
none. She called on Mr. John Westerdale.

Mr. John Westerdale stated that he is from the Capital Mall District. He asked the
Commissioners to oppose the application as submitted but consider it with the
stipulations proposed by neighborhood groups. These stipulations protect the
health and safety of residents and those seeking shelter at the HSC. Many of these
are directly from Phoenix Rescue Mission’s zoning application. Neighbors believe
that the HSC should be temporarily expanded to 700 beds immediately, at the
occupancy of the existing CASS facility. Two hundred and seventy-five people
currently on the street could have shelter before this summer. He knew this had
come up, but it is Stipulation 2.b. that says the Andre House must construct a new
shelter building and receive a Certificate of Occupancy before any beds at CASS
are built. Currently, they just have a shell building with no facilities. He stated that
made no sense. Homeless, mentally ill, and those suffering from addiction are
brought from cities throughout the county to this neighborhood. It has the highest

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violent crime rate in Phoenix. There is open prostitution and drug use day and
night. There is human waste on sidewalks, buildings, and in yards. It is unsafe and
unhealthy for residents and the homeless. Concentrating at-risk populations in one
location is dangerous, and all this is dumped on a low-income minority
neighborhood. There are three elementary schools located nearby. Families are
raising their children in this neighborhood. Our State Senator and Representatives
oppose this expansion. Last month the County stated that they would consider any
shelter location that cities bring to the table. City Council approved a homeless
plan that calls for small regional shelters. These shelter locations must be
identified. People need to feel comfortable with a shelter opening in their
community. However, he does not think anyone would want to live near the shelter
proposed here.

Chairwoman Shank called on Mr. John Saccoman and Mr. Robert Langmade who
did not respond. She called on Laural Diane Langmade.

Mr. Laural Diane Langmade stated that she wanted to start by providing a date
point on those representing the HSC. Mr. Gilbert stated earlier tonight that the low
barrier occupants would remain on site during the day, which is not true. She had a
meeting with Mr. Gilbert on December 23rd and asked if they would keep the low
barrier occupants on campus. Fr. Dan of the Andre House said that they would not
keep the low barrier individuals from leaving the shelter and campus during the
day, they are not criminals. They are free to roam the streets during the day. The
model that the HSC is proposing is to provide a shelter at night, but during the day,
the occupants of the sheltered beds are released to the surrounding neighborhood,
which creates the danger zone.

Ms. Langmade stated that the Planning Commission had an ethical responsibility
to vote no on this application. She asked them to not allow a low-income
neighborhood to bear the brunt of sheltering homeless in their neighborhood. If the
permit gets approved, as property owners, they will need to rely on either the police
of the City Code compliance staff to take action to maintain their safety and
welfare. The HSC is of no help. The stipulations do not protect the neighborhood in
regard to health, security, and safety. For the neighborhood outside the HSC, all
the stipulations do is pick up trash that they create. The people are not off the
street. They would not allow another entity, a change in zoning to enable so much
disruption to a neighborhood that the HSC and the Andre House do to their
neighborhood. The Planning Commission cannot deny the Madison Pioneers
Coalition’s concern, their experience regarding the crime, trash, and welfare in the
neighborhood.

Ms. Langmade stated that when she moved into the area very close to the
campus, they were fully aware of the homeless shelter. They understood that when
the shelter was created a promise was made to the community that there would
never be more than 425 beds. She stated that the Planning Commission had an
ethical responsibility to vote against the application to maintain the welfare in this

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neighborhood. If the HSC cannot control the influx of people on the streets
surrounding the campus now, how are they going to do this going forward.

Chairwoman Shank asked if there were questions. There were none. She called on
Ms. Chelsea Friday and Ms. Marilyn Szabo and Mr. Robert Langmade again. They
were not present to speak. She called on Councilman Garcia, who asked to speak.

Councilman Garcia thanked everyone who called in for their service. He stated that
there is obviously a need. The pandemic unfortunately has led to more people
losing their homes. When the eviction moratorium ends, they could expect more
people to be in this situation. He stated that the issue is complicated, and we need
to implement a broader strategy. A lot of people have spoken about the strategy
passed by City Council and they are moving forward on that. He wanted to
apologize to Planning Commission members that this complex issue was being
pushed upon them in a zoning case, when the City has failed to make conditions
better. The State and County have also turned their back and failed in funding and
supporting the issue. The main thing he wanted to say was that he wanted to
caution them when looking at the stipulations, to make sure they are not further
criminalizing people without a shelter. The plan that has been passed by City
Council unanimously says that they will not criminalize people. Hearing of the
deaths and suffering that happens around the area, and even hearing of a baby
who was born in one of the tents a couple of weeks ago, has shaken a lot of
people. He stated that it is an emotional issue for people on both sides of what is
happening. Without an immediate alternative, it would be hard to continue to live
with ourselves knowing that there is room both on the campus and at Andre
House, and not allow them in shelter when it is available. Whatever their decision
turned out to be, he was looking forward to working with everyone, continuing to try
to find humanity and support for those folks living without shelter. He thanked them
for their time and would answer any questions.

Chairwoman Shank thanked the Councilman and stated his service was
appreciated.

Commissioner Gaynor stated that he understood the City Council was working on
the overall plan to strategically serve certain homeless groups. He asked if it would
be better, since Council is working on the legislative level, to continue or remand
the case to the City Council, so they can pass legislation quickly to correct this
problem. He asked him if he would give some suggestions. He wanted to be clear,
since the Councilman stated that he was cautioning them. They have looked at and
reviewed this case. They have been working on it for months, and it is not
something that any of the Planning Commission members took lightly. He asked if
Councilman Garcia had anything to add that would help them make a decision or
understand better what the Council’s position is. He knew that the Mayor and
Council were moving towards helping people in a more strategic way. He wanted
to know the status.

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Councilman Garcia responded that he could not speak for the entire Council. They
passed a plan a couple of months ago. He stated no, there was not time to wait.
They do not have funding for the plan and some of the things that were talked
about earlier, like the smaller more specific shelters are way in the future. Some of
the shelters mentioned today, whether De Colores or UMOM are specific shelters
that deal with certain populations. UMOM works with mothers and children and
they work really well. De Colores works with domestic violence survivors. He thinks
that everyone recognizes more services are needed and those specific kinds of
shelters will help, however, he could not tell them today that they had a solution
coming. They have already made the folks at the campus wait two years. This
conversation started even before he joined the City Council, one and half years
ago. He thought it was important to move forward with this decision today. He
wanted to make sure that both people for and those opposing this who want to
work on a long-term solution, and continue to work on the issue, know that they will
be there, but he did not think that this particular case should wait any longer.

Commissioner Gaynor reminded Councilman Garcia that this case was brought to
Planning Commission just a couple of months ago. This is not something that they
have been working on for a year and a half, like others. They have had only two
months to review an ultimately important issue that is a legislative and structural
issue of the City of Phoenix, and they are trying to do the best they can to address
that as a zoning commission. He was hoping that they would come up with a
solution tonight, but he was concerned that it does not matter what they end up
with tonight that the issue will come back to City Council.

Commissioner Busching stated to Councilman Garcia that she knew he was
generally in favor of the Planning Commission recommending approval on this
application. She asked him if he had a chance to look at any of the stipulations that
are involved in it. She also wanted to know if he was in support of the proposed
stipulations and or any additional stipulations.

Councilman Garcia responded saying that there are some stipulations that are
going to be helpful. When the County transferred over to the people that have it
now, there were no stipulations. He sees this as an opportunity to have guidelines.
He stated that they will be reviewing them, and it is not going to be permanent. If
stipulations cannot be completed, he thought that they would look at it and make
sure that it is happening and will actually have something to enforce, when
currently they do not have anything.

Chairwoman Shank called on Mr. Gilbert for his rebuttal.

Commissioner Johnson thanked Councilman Garcia for his service and helping
them through this issue, as it has been a tough one.

Ms. Escolar stated that Ms. Chelsea Friday was present and could speak,
however, no one responded.

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Chairwoman Shank called on Mr. Gilbert to give his rebuttal.

Mr. Gilbert stated that he would go through some points quickly. He stated that Ms.
Councilman Garcia, Commissioner Johnson, and others emphasized that if we do
nothing, then everything will continue as the status quo. There is only one
stipulation that is 425 beds. There are no controls they are imposing on these
controls. They are making the situation better. The staff found specifically that the
place will be safer and more efficient if these stipulations are adopted, and he
agrees. He was tired of hearing that they violate the Capital Mall Plan. He stated
that they have a letter from the Capital Mall agreeing and supporting this case. He
was tired of hearing that they do not conform to the City Plan. The City Plan calls
for low barrier shelters. The City Plan specifically recognizes the Human Services
Campus as a partner. The City Plan also says yes, we need regional shelters.
They agree with that. He added that as their decision was so eloquently stated by
Councilman Garcia, right now we have a crisis, and we have to do something. He
acknowledged that there is no funding for the City Plan, there is nothing in the
works, and nothing going on. So, if they wait on the City Plan and do not adopt
what we are trying to get done today, the situation will get worse. Furthermore, he
was tired of hearing ‘How can they handle more beds when they cannot handle
what they have now?’ He stated, what a fallacy of logic. The fact is that they can
only house less than half the people that are there. So, they have all those people
there that are congregating. They did not attract them there. They were there right
from the start. They are not handling the 500 that they cannot house, so he stated
do not blame us for that. He asked them to give the applicant the opportunity to
shelter, and they would show them what they can do.

Mr. Gilbert stated that he is also very interested in the fact that the real motivation
is that it is time to relocate this campus. That is what is at the heart of many of
these peoples’ objections. He was also tired of hearing that they have not reached
out. He likes Ms. Jessica Buono, and he appreciated the very nice letter she wrote,
but she said there was no outreach, and then in her speech she stated that they
were invited to a meeting. He stated that there have been probably 10 meetings
total. They have reached out in this case. He was also not comfortable with people
saying that the HSC has not dealt in good faith. The neighbors offered them 28
stipulations in their first draft and the HSC agreed to 17 of them. He wanted to
know how that was not negotiating in good faith. Regarding the stipulation that
allows beds for up to three years, he wanted to know what happens at the end of
three years. He could not sit back and not respond to Commissioner Gaynor, who
seemed to be making a very important point, but obvious. It was correct that they
cannot immediately furnish these beds. They will need to redo the facility, so they
can make them. He wanted to know if that meant since they could not do it
immediately, that they do not do it. He answered that one needs to start
somewhere, and that is the opportunity they were pleading for at this meeting.

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Mr. Gilbert asked, what is so evil about Andre House. He stated that it is a
wonderful organization, led by the Catholic Church, that is doing so much good in
the community. Why not allow them to be part of the Human Services Campus?
Mr. Gilbert stated that it is true that they do not have experience in low barrier
shelters. They admitted that from the start. They just got someone to run their low
barrier shelter. He stated that they do not even have a shelter approved, and they
are being criticized for not having someone lined up to run the shelter. But they do
now. He loved Councilman Garcia’s question, “Would you feel good about yourself
knowing that there are more than 1,000 unsheltered people sitting outside without
a bed when they have the buildings and facilities to shelter them right now?”

Councilwoman Shank asked if there were any questions for Mr. Gilbert by
Commission members.

Commissioner Montalvo asked Mr. Gilbert if he accepted Stipulation 17.

Mr. Gilbert stated yes, they have agreed to that.

Commissioner Montalvo stated that he would call Mr. Gilbert the following day to
discuss.

Mr. Gilbert stated that would be fine.

Commissioner Montalvo stated that he was leaving the meeting (12:00 a.m.).

Commissioner McCabe asked Mr. Gilbert if he had any idea what the timeline was
for additional people to be served anywhere on the campus without having to wait
on the low barrier shelter to obtain its Certificate of Occupancy, prior to the
expansion of the traditional shelter beds.

Mr. Gilbert responded that the timeline would be six months maximum.

Commissioner Gaynor asked Mr. Gilbert which of the stipulations that he agreed to
were not part of the City’s stipulations. He thought that might be part of
Commissioner Montalvo’s question.

Ms. Escolar asked Chairwoman Shank if she wanted her to display the proposal
from the Madison Pioneers Coalition.

Chairwoman Shank stated yes. She reiterated Commissioner Gaynor’s question
asking Mr. Gilbert which of the neighborhood stipulations he agreed to.

Mr. Gilbert stated that they agreed to Stipulation Nos. 5, 9, 11, 12, 13, 14 ,15 17,
18, 20, 22, 23, 24, 25, 26, 27, and 28. He stated that it could hardly be said that
they did not respond in good faith.

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Commissioner Johnson stated that he has been working very hard after receiving
the neighborhood stipulations and the responses from Mr. Gilbert. He has pushed
on both sides with added stipulations and has put that list together. It has been a
difficult position for him to be in. He served on the CASS Board, and he certainly
knows the hardships that they face. He knows that their heart is in the right place,
and they are working hard to try to continue serving the needs of people without
homes, out on the streets. At the same time, they are constantly up against budget
cuts at the Federal and State level. It is a difficult lane for them to navigate. He
feels like unlike some of the other shelters mentioned, UMOM and others, they are
filling a different need. It is not really a very fair comparison to show the differences
between the two; however, he also thinks that the HSC can do better than they
have been doing. This is the Planning Commission’s chance to push them in that
direction and to encourage them to be better partners to the neighbors, which he
thinks is important. They are talking about lives, both on the streets and in the
neighborhoods. Everybody is being impacted by this. He does not think that should
fall by the wayside, just because they want to find a solution to help an ongoing
problem that obviously is not just going to be solved by adding more beds. As he
mentioned before, this is a situation 2,000 beds can be added there, and they are
going to be filled, and they are going to have a need for more beds. They are going
to have people still out on the streets and some dying that are not able to make it
through summer days and winter nights. This is not the answer to the situation;
however, it does help.

Commissioner Johnson stated that he was going to support the case, but with a
significant number of neighborhood stipulations that were put together, not 28, the
total number that the neighborhood requested, but 15, which is also more than Mr.
Gilbert and company had agreed to. He was happy to read those stipulations. He
was sure that his fellow commissioners had questions and comments and would
want to discuss them a bit. Once that occurred, he was hoping to proceed to his
motion at that point.

Chairwoman Shank agreed and asked if anyone had anything they wanted to
discuss before he made a motion. Alternately, he could make the motion before
discussing the stipulations.

Commissioner Busching preferred to make the motion first and then discuss the
stipulations.

Chairwoman Shank agreed that they could then discus any questions or
disagreements regarding the stipulations.

Commissioner Johnson asked for patience and assistance from staff since he
hand-drafted some of the stipulations outside of what was put together by the
neighbors.

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Commissioner Johnson made a MOTION to approve Z-SP-2-19-7, per the
Central City Village Planning Committee recommendation with the following
additional stipulations:

1. No low barrier shelter services (defined as servicing those individuals with prior
sex offenses conviction, those actively utilizing drugs and/or those with weapons
in their possession) shall be provided at the Human Services Campus (“HSC”).
In addition, no services shall be provided that are not part of the standard CASS
operates at today, as listed in Exhibit X, with the exception of people with pets
and service animals under discretion of the HSC.

2. Service provider shall continue to operate Andre House as a facility that provides
food services only and shall only provide sleeping conditions for the 200
additional temporary beds for use during extreme weather conditions (defined as
periods of forecasted excessive heat warnings, freeze warnings, and chance of
precipitation over 50 percent overnight.

3. For use separation purposes, by operating under this Special Permit, HSC
agrees to not own, operate or participate in the operation of a low barrier shelter
within 1.5 MILES OF THE SUBJECT SITE.

4. The BUILDING area of HSC campus shall not be expanded beyond the
approved boundaries as shown on the site plan dated X-X-2020.

5. The HSC campus has 425 total beds at the time of this application. The HSC
campus is authorized to have a total of 700 beds for a maximum of three- (3)
years beginning 30 days from the approval of this Special Permit. During this
three- (3) year period, the HSC may apply to the PDD DIRECTOR, may
authorize up to 200 additional temporary beds to be located within permanent or
temporary structures within the HSC campus boundaries for use during extreme
weather conditions (defined as periods of forecasted excessive heat warning,
freeze warning and chance of precipitation over 50 percent overnight). At the
end of this three (3)- year period, the HSC shall return to a maximum of 425
beds and with 75 additional temporary beds to be located within permanent or
temporary structures within the HSC campus boundaries for use during extreme
weather conditions (defined as periods of forecasted excessive heat warning,
freeze warning and chance of precipitation over 50 percent overnight).

6. Due to the impacts caused by this specific use on properties located outside the
Special Permit area, by utilizing this Special Permit, HSC shall establish a
“clean-up zone” defined as the public rights of way located within an area from
9th Avenue to 15th Avenue, Madison Street to Harrison Street and the area from
11th Avenue to 12th Avenue between Jefferson and Madison Streets. These
areas shall be cleaned twice a day, seven days a week, in the morning prior to
10AM and in the evening prior to sunset by HSC. Cleaned shall be defined as
removal of any trash, waste, debris or other objects, liquids or hazards.

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7. HSC and the Andre House shall provide designated areas on their respective
properties for those waiting for services that shall accommodate each facility’s
maximum capacity/occupancy in such a way that those waiting for servicer not
congregating on the public right away or within the public streets.

8. HSC shall provide single point of contact for the neighbors to call for non-
emergency/emergency needs related to homeless crime and/or sanitation and/or
immediate safety needs (e.g. fire, gun shots, persons acting violently on drugs,
street clean-up needs).

9. Section 504.1 C.6 of the Special Zoning Permit MUST Be Enforced, or Special
Permit will be revoked. Revert to language provided by Alan Stephenson
(Planning and Development Department Director):

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.

10. The HSC shall maintain a blight free, odor free, and clean visual aesthetic from
the street.

11. 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 homeless population within a 10-mile
radius of the site; or

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 without a place to stay.

12. The shelter on the Human Services Campus that is operated by CASS (identified
elsewhere as the “traditional shelter”) shall exercise its best efforts to always

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maintain up to 5 percent excess bed capacity until 4 PM 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. In addition
to these best efforts, the HSC shall maintain a minimum of 20 beds until 11pm
each night for emergency use by the Police Department.

1. This 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.

2. This 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.

13. HSC and Andre House will serve all meals on their properties. No meal services
are permitted off-campus within public rights-of-way.

14. HSC 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 only available within the campus. Said communications may be via
posted notice, individual dialog by staff or other means.

15. HSC, within 60 days of approval of this Special Permit approval, will produce a
written plan identifying how they will support efforts of the City of Phoenix
Homeless Plan to regionalize efforts to combat homelessness and will provide a
copy to PDD for review.

Commissioner Johnson stated that everywhere the Human Resources Campus is
mentioned, it will need to be updated to “service provider” in case the HSC ever
changes.

Chairwoman Shank asked if there were questions.

Commissioner Busching asked if these stipulations are in place of or in addition to the
recommended staff stipulations.

Commissioner Johnson clarified that these stipulations are in addition to staff
proposed stipulations.

Mr. Stephenson stated that where there are conflicts with staff-recommended
stipulations, the new language would supersede. If the Commission approved it that
way, where it talks about 700 beds, that would change the existing one to 1,000.

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Commissioner Busching asked if Mr. Gilbert had reviewed these stipulations and if he
had an opinion on the proposed stipulations.

Commissioner Johnson stated that he shared the stipulations with Mr. Gilbert
recently. He indicated that they were not excited about them, but they are at least
interested in moving forward with the case. He clarified that they would prefer some of
the stipulations not be included, especially the Andre House issue. They would prefer
Andre House be a service provider for beds, and not be held to temporary beds as
this would stipulate it to, but he thought it was important for the neighborhood that
they do stipulate that, as such, especially, since these temporary beds will not be
available until the summertime heat wave, and Andre House can only accommodate
100 beds, and this gives them still the ability to use it as a flexible resource.

Commissioner Busching asked if the Madison Pioneers Coalition has seen the
stipulations, and if they had any reaction to them.

Commissioner Johnson stated that most of the stipulations are the Madison Pioneers
Coalition stipulations. He has made some slight modifications throughout. For the
most part, this was drafted from their actual stipulations, adding the 200 temporary
beds for extreme conditions, because he thinks that flexibility is important, to
compromise between 1,000 permanent beds and 700 permanent beds.

Commissioner Busching thanked Commissioner Johnson for his hard work.

Commissioner Gaynor asked Commissioner Johnson to review Stipulation No. 2 and
give him a summary of the total number of beds being proposed (emergency and over
the next three years).

Commissioner Johnson stated that after renovations at Andre House, they will only be
able to accommodate 100 people there. Of the 1,000 beds total, 100 beds would be
available at Andre House, 200 additional temporary beds at another location, and 700
beds at CASS. His modification to the stipulation is to keep the total at 700, with the
ability to do 200 temporary beds, and if they are going to use those temporary beds,
they will have the ability to use them in Andre House, so they can be sure to have
enough room. His concern is, a) with COVID, making sure they are spacing
appropriately; b) CASS is maxed out at 700 beds anyway due to fire code. So, the
only other two locations left are Andre House and the other location. He just wanted to
make sure they were offering the flexibility there. Total, it would 700 permanent beds
with 200 additional temporary beds.

Commissioner Gaynor asked why they would put all 200 beds at Andre House.

Commissioner Johnson responded that it is not all 200 at Andre House. It means that
Andre House has the option to utilize 200 temporary beds space; however, they will
not be able. They will have to put at least 100 beds at another location, because they

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can only take 100 people at Andre House, but at least it gives them the ability to use
Andre House for temporary solutions.

Commissioner Gaynor stated that he would like that clarified on the stipulations.

Commissioner Mangum asked if St. Vincent DePaul is offering temporary shelter for
weather conditions, in addition to Andre House.

Commissioner Johnson answered yes. Andre House can only offer 100 beds. St.
Vincent De Paul would be the only other place able to fit a temporary bed.

Commissioner Gaynor asked if St. Vincent De Paul should be included in the
proposed stipulation text.

Commissioner Johnson stated yes.

Mr. Stephenson clarified that the original 1,000 beds were crafted in a way that 700
beds were for the Human Services Campus, for the building that houses CASS. One
hundred beds are going into the low barrier shelter that Andre House is proposing,
and the rest were always going to be temporary beds, only used for heat relief or
extreme weather events. Those would either be in the St. Vincent DePaul building or
a temporary tent that could be installed on the Human Services Campus. The other
100 beds referenced in Stipulation No. 2 would be part of the Human Services
Campus, either in St. Vincent DePaul or a tent on the campus for those extreme
weather events, because as Commissioner Johnson noted, Andre House only has
room for 100 beds, once they construct their new building.

Commissioner Mangum asked if the temporary tent was something that could be
erected more immediately to provide shelter.

Mr. Stephenson responded that it was a quicker option, and it would be up to the
Human Services Campus and their ability to get something like that up. It would be a
quicker option but would depend on their ability to make that happen.

Commissioner Mangum stated that otherwise, they were talking stipulations that were
going to be eight to nine months out, which would go past the hot summer. She
thought that a temporary tent could perhaps be done more immediately to prepare for
the hot summer. This is a process that could be expedited to have shelter for people
currently in need.

Mr. Stephenson responded that Commissioner Mangum was correct regarding the
tent. The other time-limiting factor was the stipulation about having to construct the
additional beds for Andre House, for the low barrier shelter, first, because that is going
to take a long time. In Commissioner Johnson’s proposal, there is no low barrier
shelter, and so, there is no requirement that those 100 beds be constructed first. So, it
would be up to the Human Services Campus to see how quickly they provide

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additional beds inside CASS. However, due to COVID and spacing requirements, that
may be impacted. That would be a question to ask the HSC regarding how quickly
they could either erect tents or put more beds inside St. Vincent DePaul or other
buildings on their campus.

Chairwoman Shank asked if there were any other questions.

Commissioner Gorraiz asked for more information on the three-year sunset and the
beds going back down to 475.

Commissioner Johnson responded to Commissioner Mangum first. He stated that he
included the following verbiage in Section 5, ‘They may authorize up to 200 additional
temporary beds to be located within permanent or temporary structures within the
HSC campus boundaries, for use during extreme weather conditions.’ His verbiage
did not just allow for permanent structures. He allowed for temporary structures, so
possibly the HSC could put up something more quickly before the summer months
and maybe even sooner with the winter months ahead. He tried to address that issue.

Commissioner Mangum thanked Commissioner Johnson for the clarification.

Commissioner Johnson responded to Commissioner Gorraiz that the HSC currently
has 425 total beds. In his stipulations, he was recommending going from 425 to 700
beds for a three-year period. The City is creating a new regional plan, trying to make
smaller shelters across the Valley to help mitigate some of these issues. The three-
year sunset still gives them the ability to have 75 temporary beds after the three-years
to address extreme weather conditions. They can always come back and ask for a
renewal of their Special Permit or go through this process again in three years from
now.

Commissioner Gorraiz thanked him for the clarification. He stated that it gives them
more impetus to come together with a more comprehensive regional resolution. He
likes what Commissioner Johnson has done.

Commissioner Johnson responded that it gives the City and the Planning Commission
the ability to make sure they are still being good partners with the neighborhood and
that the HSC is acting in good faith. If they are not, it gives the Planning Commission
a reason not to support them in the future. He would be happy to support this in three
years, if he sees that they keep the area clean, house more people, and do their part
to be better neighbors.

Commissioner Gorraiz stated that the onus is on them. If they do not do what they
have agreed to do, then Section 504.1C.6 would be enforced, and the special permit
revoked. He complimented Commissioner Johnson on the work he did.

Chairwoman Shank asked staff to address the recommended stipulations.

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Ms. Escolar stated that she would address each stipulation. Stipulation Nos. 1 and 2
are sufficient but may need to be re-worded. Stipulation No. 3 is not enforceable
because it is not stipulating to something on the Special Permit site, it is stipulating to
something that is offsite, a mile and a half from the site.

Mr. Stephenson clarified that the Commission could add that stipulation, but if it came
down to enforcement, the City cannot revoke the Special Permit for something taking
place off-site, not regulated by the Special Permit. They can only legally address the
items on the site for which they are proposing pursuant to the Special Permit.
However, it would not look good for them regarding a good faith effort.

Commissioner Gaynor asked if the stipulations would provide immediate relief.

Chairwoman Shank responded that these stipulations allow them to provide tents for
immediate relief without the need to set up the beds at Andre House, first.

Ms. Escolar stated that they would have to delete Stipulation 2.b. that requires a low
barrier shelter be built before any of the other shelters. In combination with some of
these stipulations, it could expedite more shelter beds, but she did not think that it
would be immediate.

Mr. Stephenson responded that it would be a question for the representative, Mr.
Gilbert regarding whether they have the capacity and resources to provide immediate
relief.

Commissioner Gaynor asked Commissioner Johnson how he felt about that.

Commissioner Johnson stated that he was okay with it. He clarified that the Andre
House has the ability to tap into the 200 additional temporary beds. There would be a
total of 900 beds: 700 beds with an additional 200 temporary beds. The Andre House
or St. Vincent DePaul can utilize those 200 temporary beds, if needed,

Commissioner Gaynor stated that he would be supportive if they could demonstrate
that they could respond quickly to the need on the street.

Chairwoman Shank asked if anyone else wished to speak. She stated that there was
a motion made by Commissioner Johnson.

Chairwoman Shank asked for a second.

Commissioner Gorraiz SECONDED.

Ms. Escolar stated that there were still other stipulations that staff wanted to address.
Stipulation No. 4 was already addressed in the existing stipulations through the
stipulated site plan, which means that they would not be able to expand any buildings

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beyond what is already shown on the site, according to the site plan. She asked if he
still wanted to include that.

Commissioner Johnson stated no he did not. He asked Ms. Escolar if she could clean
up the language in Stipulation No. 5 to make sure there would be 700 beds total with
200 temporary beds. They cannot go above 900 beds. Andre House can only utilize
temporary beds, if needed. He clarified that the 75 temporary beds are allowed after
the three-year sunset.

Ms. Escolar stated that Stipulation No. 6 was also already addressed with an existing
stipulation. It would have to be modified slightly. In order to be in line with the Madison
Pioneers Coalition proposal, Stipulation No. 6 would have to strike out railroad tracks
on the south, and change the verbiage to Buchanan Street, the street south of the
railroad tracks. They would change 13th Avenue to 15th Avenue, and 9th Avenue to
7th Avenue. The original stipulation required a minimum clean-up once per day. She
noticed that Commissioner Johnson’s stipulation stated twice per day, seven days per
week.

Commissioner Johnson clarified that his proposal maintains the boundary at 9th
Avenue rather than 7th Avenue. He agreed with clean-up twice per day, once before
10:00 a.m. and once before sunset. The service provider would be responsible for
cleaning up the area.

Ms. Escolar stated that Stipulation No. 7 regarding the waiting areas can be
addressed but would need to be reworded.

Mr. Stephenson added that it would be a new stipulation at the end to say that the
queuing waiting areas will be required for individual seeking services on their
property.

Ms. Escolar stated that Stipulation No. 8 has already been addressed. She went over
staff Stipulation 14.a. and stated that they would have to modify it slightly to add some
additional detail about the specific issues. It requires that ‘the registered neighborhood
associations, registered with the City within one mile of the site shall be provided a
designated contact person for the special permit area to communicate any issues or
concerns.’ She stated that they could include those specific issues and concerns they
had listed, such as non-emergency needs related to homeless crimes, sanitation, etc.

Commissioner Johnson agreed with the existing staff stipulation as is. He asked if she
would use the language that Mr. Stephenson had, for Stipulation No. 9.

Ms. Escolar stated that the language came straight from the Zoning Ordinance.
Stipulation No. 10 is already a requirement in the City Code. Stipulation No. 6 sort of
addresses that, with the clean-up of the area. In Stipulation No. 23, they would need
to add this stipulation. It would state that if they are not in compliance with all codes

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and ordinances, the City could revoke their special permit. Ms. Escolar asked if
Commissioner Johnson was okay with what she had suggested.

Commissioners Johnson and Gorraiz agreed.

Mr. Stephenson pointed to an additional modification to Stipulation No. 16. The one-
year reviews would need to begin from the City Council approval of the Special Permit
when it would take effect, which is 30 days after the Council may approve it. The
current language in Stipulation No. 16 states that, ‘the one year will be from the
Certificate of Occupancy for the low barrier shelter, which is pursuant to the existing
motion on the floor. It would be a year from when that zoning would be effective, 30
days after Council approval.

Chairwoman Shank asked if Commissioner Johnson and Commissioner Gorraiz
agreed. They stated yes.

Ms. Escolar stated that Stipulation No. 11 was already addressed in the current
stipulations (No. 2.c.). ‘The shelter operator shall not enter into a contract to sell or
reserve bed space..’. It continues with the exact wording that Commissioner Johnson
wrote for this stipulation. She asked if there was something else added that was not
addressed.

Mr. Stephenson confirmed that the language in 2.c would remain the same as it exists
today in the staff report.

Commissioner Johnson stated that on Stipulation No. 12 he meant to change 10
percent to five percent for ‘always maintain up to 10 percent excess bed capacity until
4:00 p.m.’ He stated that everything else gets addressed down below. He thought that
CASS could live up to that percentage.

Mr. Stephenson and Ms. Escolar confirmed that Stipulation No. 12 would replace staff
Stipulation No. 8 and that proposed Stipulation No. 13 would be okay.

Ms. Escolar stated that staff worked with the Police Department on Stipulation No. 8,
and that is what they requested.

Commissioner Johnson stated that five percent of 700 beds is still 35 beds. They do
have the 20-bed threshold and five percent. It will be whichever is the greater.

Ms. Escolar stated that proposed Stipulation No. 13 would be okay. Stipulation No. 14
would be a little difficult to enforce, because it insinuates that the HSC is a closed
campus. She stated that they proposed a stipulation after seeing the Madison
Pioneers Coalition stipulations to address this.

Mr. Stephenson stated that the language comes from an element that the Madison
Pioneers Coalition wanted about a closed campus and having Human Services

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Campus go out and notify people that are camping out in the streets that they cannot
get services unless they are part of the campus and the closed service. He stated that
staff cannot stipulate to a closed campus, so what the language does is have them
talk to homeless people and discourage them from occupying the abutting public
rights-of-way. Since they cannot stipulate to a closed campus, they would still be able
to get services on the campus. The language is there to encourage people to come
into the campus and try to get services instead of camping out on the street, but it
cannot be enforced to discourage people from being on the streets.

Commissioner Gaynor stated that he would like to keep the stipulation if possible.

Chairwoman Shank stated that they should keep it, because they will be reviewing the
Special Permit in three years, even though they know it cannot be enforced.

Mr. Stephenson stated that would be fine.

Ms. Escolar stated that Stipulation No. 15 was okay.

Commissioner Gorraiz asked if Stipulation No. 15 stated that the HSC would not sell
or reserve any beds for any other municipalities.

Commissioner Johnson stated no. He was referring to Item No. 11. It said that they
would not sell to other municipalities except at the discretion of the Chief of Police, the
Planning Director, and hospital beds.

Ms. Escolar asked about the deletion of 2. b. requiring that low barrier shelters be built
first, before having any other type of shelter beds.

Mr. Stephenson confirmed that the intent was to get rid of the low barrier shelter
requirement.

Ms. Escolar acknowledged that the existing low barrier shelter stipulations were in
conflict with the proposed changes. The proposed motion would require the deletion
(or modification) of stipulations related to the low barrier shelter, which are staff
Stipulation Nos. 2.a., 2.b., 8, 15.c. and 16.

Commissioner Johnson agreed, because his first stipulation stipulated that there
would be no low barrier shelters.

Chairwoman Shank confirmed that there was a motion made by Commissioner
Johnson and seconded by Commissioner Gorraiz, she asked for a vote.

Commissioner Johnson MOTIONED to approve Z-SP-2-19-7, per the Central City
Village Planning Committee recommendation, with modified, deleted and
additional stipulations.

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Commissioner Gorraiz SECONDED, and the motion passed with a vote of 8-0
(Conflict: Howard).

Staff has incorporated the Planning Commission recommended modifications and
additions to the stipulations further below in bold font. The immediate table below shows
how those stipulations were integrated with the staff stipulations. Deletions,
modifications, and additions have been made for clarity, and to address any conflicts
and potential legal issues.

Commissioner Johnson’s
Explanation of updates
original proposal
1 Incorporated into Stimulation No. 2.a. below. The current
CASS operations have been added to the stipulation,
rather than referencing a separate Exhibit that lists current
CASS operations.

Additionally, staff Stipulation Nos. 2.b. and 15 17.c. were
deleted, and 8 9 and 16 18 were modified to remove the
reference to the low barrier shelter.

2 Added as new Stipulation No. 3 below.

3 Added as new Stipulation No. 25 below.

4 Addressed with existing staff Stipulation No. 1 below.

5 Incorporated into Stipulation No. 2 and new Stipulation
No. 3 below.

6 Updated Stipulation No. 6 7 below.

7 Added as new Stipulation No. 26 below.
Note: Andre House has been in operation as a charity
dining hall since 1984, prior to the adoption of the Capitol
Mall Overlay District in 1996. Therefore, the City cannot
add stipulations related to the charity dining hall service.

8 Addressed with existing staff Stipulation No. 14 16. a.
below.

9 Added as new Stipulation No. 27 below.

10 Addressed through the City Code and Stipulation Nos. 4
5, 5 6, 6 7, and 27 below.

11 Addressed with existing staff Stipulation No. 2.c.b. below.

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12 Addressed with the modification of Stipulation No. 8 9, and
addition of new Stipulation No. 10.

13 Added as new Stipulation No. 28 below.

14 Added as new Stipulation No. 29 below.

15 Added as new Stipulation No. 30 below.

Stipulations:

SPECIAL PERMIT AREAS:
AREA A = THE AREA KNOWN AS THE HUMAN SERVICES CAMPUS
AREA B = THE AREA NORTH OF JACKSON STREET AND EAST OF 11TH
AVENUE, DEPICTED AS ANDRE HOUSE HOSPITALITY AND ANDREW HOUSE
SHELTER ON THE SITE PLAN DATE STAMPED NOVEMBER 4, 2019.

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. There shall be a maximum of 1,000 beds within the Special Permit area.
PERMANENT SHELTER BEDS
AREA A IS PERMITTED TO HAVE A TOTAL OF 700 BEDS FOR A
MAXIMUM OF THREE YEARS BEGINNING 30 DAYS FROM THE
APPROVAL OF THIS SPECIAL PERMIT. AT THE END OF THIS THREE-
YEAR PERIOD AREA A SHALL RETURN TO A MAXIMUM OF 425 BEDS.

a. A minimum of 100 beds shall be provided in a low barrier shelter.
The low barrier shelter shall provide shelter to individuals without
imposition of identification, time limits, or other program
requirements, such as abstention from alcohol or drugs, except
within the facility; and shall adopt a policy to provide
accommodations for pets and personal belongings.

NO LOW BARRIER SHELTER SERVICES (DEFINED AS
SERVICING THOSE INDIVIDUALS WITH PRIOR SEX OFFENSES
CONVICTION, 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 CASS OPERATES AT TODAY AS OUTLINED BELOW,
WITH THE EXCEPTION OF PEOPLE WITH PETS AND SERVICE

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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.

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- 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 low barrier shelter described in 2.a, with a minimum of 100
beds, shall obtain a certificate of occupancy prior to the
expansion of traditional shelter beds and within one year of City
Council approval.

c.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; or

(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 without a 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.

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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.

3.4. An abandonment of public rights-of-way shall be pursued within the Special
Permit area to develop a cohesive and secure campus. A fence/wall plan
demonstrating a cohesive and secure campus shall be administratively
approved by the Planning Hearing Officer, prior to preliminary site plan
approval for any future construction. The fence plan shall specify locations of
any proposed, pending or approved right-of-way abandonments.

4.5. 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.

5.6. 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.

6.7. 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: the Railroad tracks HARRISON
STREET on the south, Jefferson Street on the north, 13th 15TH Avenue on
the west, and 9th Avenue on the east. This area will be cleaned a minimum of
once 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

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collaborate with the Neighborhood Services Department, Parks and
Recreation Department, and nearby neighborhood associations to
identify particular locations needing cleaning.

7.8. At a minimum, all temporary shelter facilities with vacancies, shall be open
and accepting temporary shelter clients until 11:00 p.m.

8.9. A minimum of 10 traditional shelter beds and 10 low barrier shelter beds
shall be reserved each day from 7:00 a.m. to 11:00 p.m. for the Phoenix
Police Department to bring in someone they deem vulnerable and in
need of shelter.

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.

10. 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. 9.

9.11. 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.

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10.12. 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.

11.13. 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.

12.14. 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.

13.15. 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.

14.16. 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.

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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;

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(2) Number of participants;

(3) Questions or concerns that arose; and

(4) How the questions or concerns were addressed.

15.17. 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. Number of beds allocated to traditional and low barrier shelters.

d.c. If permitted, number of beds contracted to entities other than the City
of Phoenix.

e.d. Meeting summaries as detailed above.

f.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.

16.18. The Special Permit shall be reviewed one year after issuance of the
Certificate of Occupancy for the low barrier shelter CITY COUNCIL
APPROVAL OF THE SPECIAL PERMIT. The review is for the entire Human
Services Campus operation 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 one-year review, additional reviews or stipulations may be added by the
Planning Hearing Officer or City Council.

17.19. 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.

18.20. 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.

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19.21. 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.

20.22. 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.

21.23. 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.

22.24. 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.

25. 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.

26. 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.

27. 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.

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28. 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.

29. 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.

30. 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 PDD FOR REVIEW.

***

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14. Application #: Z-SP-2-19-7
From: C-3 HP-L CMOD, A-1 HP-L CMOD, A-1 SP CMOD, and A-1
CMOD
To: A-1 SP CMOD
Acreage: 14.53
Location: Southeast corner of 13th Avenue and Madison Street
Proposal: 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.
Applicant: Andy Jochums, Beus Gilbert, PLLC
Owner: Human Services Campus Inc., et al
Representative: Paul Gilbert, Beus Gilbert, PLLC

Commissioner Howard recused himself from Item No.14 due to conflict of interest.

Chairman Johnson stated that since the applicant and Councilman Nowakowski were
working together in good will to find some compromise in resolving this issue, he
asked the Commission members if they would be willing to entertain a motion to
continue, first. If they decided to continue, then they would move on to Item No. 13. If
the motion to continue were denied, then they would move forward with the case.

Ms. Racelle Escolar stated that Item No. 14 is Z-SP-2-19-7, a request to rezone 14.53
acres located at the southeast corner of 13th Avenue and Madison Street from C-3
(General Commercial District) HP-L (Historic Preservation Landmark) CMOD (Capital
Mall Overlay District), A-1 (Light Industrial District) HP-L CMOD, A-1 with a SP
CMOD, and A-1 CMOD. The requested zoning is to A-1 SP CMOD to modify the
Special Permit area of the Human Services Campus to include the Andre House and
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.

The Central City Village Planning Committee recommended approval, per the staff
recommendation, by a 6-3 vote. There were also several community meetings held in
November.

Staff recommends approval, per the Central City Village Planning Committee
recommendation.

Chairman Johnson called on Councilman Garcia to speak first, before calling on the
applicant’s representative, Mr. Paul Gilbert.

Ms. Escolar stated that he was not listed on the attendee list.

Chairman Johnson called on Mr. Paul Gilbert to speak.

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Mr. Paul Gilbert stated that he represents the Human Services Campus. He stated
that they are not pleased with the recommendation for another 30-day continuance.
He thought it was important for the Commission to know that they had had five
meetings since the last continuance. He thought the person that could best express
opposition on this was the President of the Human Services Campus, Mr. Jonathan
Koppell.

Mr. Jonathan Koppell thanked the members of the Planning Commission. He stated
that he appreciated the opportunity to respond. He is a Phoenix resident as well as
President of the Human Services Campus. He was speaking on behalf of more than
15 non-profit organizations that exist to address a humanitarian crisis. They are a
group of non-profits that have assigned themselves the task of dealing with the
challenge of providing housing and paths to shelter for the more than 7,000 people
who are homeless in Maricopa County right now. He stated that it was worth pointing
out that those homeless individuals are disproportionately people of color, people with
disabilities, people who are otherwise disenfranchised. He was speaking for them as
well. He was also speaking for the more than 1,300 neighbors of the Human Services
Campus, who articulated their support and belief that the Commissions’ actions to
address the crisis in the community are urgently needed.

Mr. Koppell stated that they are happy to collaborate with their neighbors and have
done so. This has been a long process for them. They have had multiple community
meetings. It has been a highly visible process and well documented in the
newspapers, and long before they showed up tonight for this meeting, he knows
everyone there had heard about this from their different constituencies. The idea that
this has been anything other than well-digested is simply not consistent with the facts.
The City Planning and Development Department staff has developed a group of
stipulations derived from the feedback they heard from neighbors, including those
who have spoken out to this group and to the Central City Village Planning
Committee. There was opportunity after opportunity for those parties to offer their own
ideas on stipulations at each stage of the process. They waited until today to offer a
list, which they still have not seen. Mr. Koppell stated that they are happy to work with
the neighbors and will continue to work with those who are property owners of
commercial venues next to the Campus. They are committed to making this a positive
development for the neighborhood to address the human crisis of people living on the
streets in our community.

Mr. Koppell stated that a continuance was simply that. It is a delay in making a
decision. He understands that there are people opposed to their application and they
would still be opposed in 30 days. The Planning Commission would have to make a
decision at some point. He was familiar with the delay tactic. He was familiar enough
with the process to know that delays are a frequent part of zoning cases, but they are
not seeking to open a 7/11 convenience store, or building height outside of the normal
code. They are seeking to address a humanitarian crisis. He stated that 400 people
were going to be sleeping in temperatures below 40 degrees, on dirt, in tents, in
squalor. They agree with those who have spoken so passionately about the shame
that this brings to our City. He stated that the Planning Commission has one proposal

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to do something about it, one proposal to take action that comes from the applicant
tonight, the Human Services Campus, the Andre House, and St. Vincent de Paul. This
would take a definitive step to move toward a solution, but it will take up time. They do
not have a switch to activate the accommodation of hundreds of people. Under the
best-case scenarios, it will take months to implement the plan that they have
proposes and to be in accordance with the stipulations. Kicking the can down the road
30 days or more means that people will be unsheltered in the cold. They will be
unsheltered in June, when it gets to be 110 to 115 degrees. What he was about to say
might sound mellow dramatic and like tugging at the heart strings, but it was a fact. If
we continue to kick the can down the road with no better alternative being proposed,
people will die. Last summer over 300 people died from exposure to the heat,
because they did not have shelter. He stated that they are offering a solution. The
Councilman stated that a homelessness plan has been approved by the City. It talks
about smaller shelters and distributed services. The Councilman is exactly right.
There is no plan to open up another shelter. There is no alternative being proposed.

Mr. Koppell stated, we are offering something to consider. He urged the Planning
Commission not to continue this case and urged them to vote tonight. He stated that
Phoenix is a great city and a big city with big city problems. Let’s find a solution to
those problems tonight.

Chairman Johnson asked if there were any questions for the speaker. He asked
speakers to try their best to focus on the subject of the continuance. He stated that
the Planning Commission appreciates what Mr. Koppell does. As someone who
served on the Central Arizona Shelter Services (CASS) Board, he understands the
difficulty that takes place, especially during a crisis like this, when funding is
constantly cut from the federal level and other areas. With that said, it is also a very
big decision to make, and he did not think it should be taken in haste just to try to
push something through. He understands that people will die, but he did not think
there was any guarantee by them passing this case tonight, that people will not die.
He wanted to make sure that the Planning Commission was being thoughtful about
this. He appreciates that the applicant has met with the community five times. He
thought that was important, but it was also important to know that they are trying to
work with the community. From what has been said, he did not see that yet. There did
not appear to be any change to try and mitigate some of the concerns that the
community has brought forward. That is what Commission members are trying to
stress. It was not necessarily a question of whether or not people were focusing on
the homeless issue, which he thought everyone on the Planning Commission cared
about. This is why a lot of the Commission members have toured the CASS shelter
and the Human Services Campus. He just wanted to put that on the record.

Commissioner Montalvo stated that he was raised in the Los Angeles area. He did not
know if anyone had ever heard of Skid Row. He stated that it is pretty famous for the
homeless. If they could prove to him that whatever they are going to do is going to
make the area better, he would go for it. If not, he would like to make a motion to
continue for 60 to 90 days or whatever it takes to clear that up.

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Chairman Johnson called the next speaker, Ms. Amy Schwabenlender.

Ms. Amy Schwabenlender’s audio connection was poor. Her voice was inaudible.

Chairman Johnson called on Ms. Ash Uss. He stated each individual would receive
60 seconds to speak.

Ms. Ash Us stated that she opposed the idea of a continuance and apologized for
getting emotional. She stated that she has been working on this case as part of the
team since January of 2019. She has personally met with Councilman Nowakowski
and his office more than five times. She also has attended the community meetings,
talking to people, listened to people and tried to find common ground. The reason that
she works in homelessness is because she was homeless in her high school years
and did not have a place to stay. She remembers being a child sleeping in her car
outside of a Starbucks so that she could apply for college. Every night that people are
on the street it is horrible, there is trauma. She is 25 years old now, and it is still hard
for her to sleep in a bed, because she is used to sleeping in her car where she could
not sleep, because she had to make sure that she was going to be safe. It is personal
for her and impactful spending even one night on the street. She asked the Planning
Commission to please not continue the case. She asked them to hear people out. She
stated that she is a data driven person. She sits on the Central City Village Planning
Committee, and she understands the challenges with this case. She asked them to
hear the human aspect and hear this case tonight.

Commissioner Busching asked Ms. Uss if during any of the five meetings the
neighborhood expressed any concrete proposals on how to deal with or modify the
proposed stipulations.

Ms. Uss stated that when they initially met the neighborhood, they expressed that
trash and blight was the number one priority. That was why they waited instead of
pushing the application through, and they piloted the Clean Zone Program out of
Andre House. It was one of the first things they could do to respond to the
neighborhood and make that a long-term cleanup program. Now they have
AmeriCorps VISTA which will help keep that program going long-term. She stated that
there have not been solutions proposed. People have commented to shut Andre
House down. The neighborhood has not always offered the best solutions. They met
with the neighborhood five times, and they made a lot of progress in understanding
where people are coming from, however, there is no additional solution to things
which they cannot accommodate, not reflected in this case. The things that people are
most concerned about are trash and access to restrooms, which are addressed in the
stipulations.

Chairman Johnson asked if there were any further questions. There were none. He
called on Ms. Lisa Glow.

Ms. Glow stated that she was not speaking.

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Chairman Johnson called on Ms. Elizabeth Venable. She was not present. He called
on Mr. Jason Odhner to speak.

Mr. Jason Odhner stated that he owns several homes a few blocks from the shelter.
He was opposed to the continuance. He stated that it was interesting to hear
Councilman Nowakowski saying that the neighborhood had opposition to this project.
He knows of some people opposed to this project, but he is a resident, and he feels
that Andre House and the other shelter have done a great job communicating with
them. He and many of his neighbors are very much in support of extension of services
for their neighbors experiencing homelessness. It is really painful to look out of his
window and see an older person, sometimes in their 80s sleeping in the cold. It does
his soul harm. He knows that there are people who care more about housing values
than they do about humans, and that makes him sad. He stated that he is a public
health professional, an ICU nurse. He works in a COVID ICU unit, and he sees what
happens to people when they do not have the basics to stay safe. It is not hyperbole
to say that people are already dying and suffering from exposure. As someone who is
a member of the neighborhood, he supports this and stated that he was opposed to a
continuance. He also wanted to say that he opposes the idea that Councilman
Nowakowski has been providing any kind of leadership. The Councilman has been
dragging this out and does not want to have meaningful dialogue. He just wants to
block, and block, and block. He speaks as if all the people he is hearing from are
opposed to this project, and that is not true. Mr. Odhner stated that many of his
neighbors have told him again and again that they support the extension of services.
The Councilman is just being dishonest. It is not right for him to pretend that there is
some disagreement that will be solved if given more time to talk.

Chairman Johnson cut the speaker off and asked him to stick to the continuance. He
asked if there were any questions for the speaker. He called on Ms. Danielle Jake.
She was not present. He called on Ms. Paris Moore.

Ms. Paris Moore stated that she wanted to oppose the continuance. She stated that
the longer they stall, the more people will be left unsupported. The City Council has
been talking about this for a long, long time, and within that time 847 people have
passed away, due to the City’s negligence. She thought that continuing the case
would just continue that negligence.

Chairman Johnson called on Ms. Grace D’Antuono. She was not present. He called
on Mr. Jeremy Helfgot.

Mr. Jeremy Helfgot stated that he is a fellow Commissioner, serving on the City’s
Human Relations Commission for the past eight years. He had grave concern about
the continuance. A copy of a resolution that the Human Relations Commission passed
at their November 16th meeting, called on the Mayor and Council to address this
issue as soon as possible, and to approve it, pending the Planning Commission’s
recommendation for approval at this meeting. He stated that we have to get to this
now. This has been languishing in the City process for over two years. There are hard
data available that show the fatality count of the unsheltered at over 800 in a 23-

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month period since this application was first put in, which is how the matter came to
the Human Relations Commission. They have a lot of data that show that the majority
of the homeless population in the City is made up disproportionately of marginalized
and minority populations.

Chairman Johnson interrupted to remind speakers only to focus on the continuance.

Mr. Helfgot stated absolutely, and that was why he was speaking on the importance of
not moving the case further down the road. There are literally lives on the line, and
they are lives of people who are already in trouble. The weather forecast was
supposed to dip below 40 degrees and there were likely to be additional fatalities. He
stated that as a leader of the City, to do nothing, would feel like he had blood on his
hands. He was asking them to please support the applicant in trying to address this
issue as soon as possible. He wanted to add that to address the Councilman, who
asked for the continuance, he was not sure how providing a few beds and taking more
people off the street would not help any of the concerns that the Councilman was
stating.

Commissioner Johnson called on Mr. Doug Newton to speak.

Mr. Newton stated that he is the immediate past President of the Phoenix Downtown
Neighborhood Alliance. They represent about 5,000 residents in the Downtown Core.
He stated that the Human Services Campus has taken substantial input over the last
year and a half. They have been to several of Neighborhood Alliance meetings, they
have talked about the stipulations in detail, they have changed a lot, meaning they
have strengthened them, and listened to the community. He stated that they wrote a
letter of support for this project, and he believes that this really is as Mr. Koppell
stated, kicking the can down the road. There are plenty of data and they have had
plenty of input. The stipulations have changed and strengthened over time. He
thought it was time to make a decision and move forward with this rather than
allowing this project to die on the line, because we are kicking the can down the road,
under the ruse of getting more input. He thought that they had a great proposal in
front of them which deserves to be heard and supported at this point.

Chairman Johnson called on Alexandria Lesnik.

Ms. Alexandria Lesnik stated that she strongly opposed the continuance. She wanted
to highlight the fact that since this case has begun, there are hundreds of people who
are packed around the street, dozens of her friends have died on the streets. She
named them. She could not even begin to name all of the people she knew and loved
that have died on the street. The thought of adding more names to that list, every
single day that is passing is hard. Today, there were two people on the street having
medical emergencies at the same time right outside of the Campus. This will continue
to happen every day, probably every hour, with every day that we let this continue.
She stated that she hoped the Commissioners would put the value of human life over
the value of property. People will die if this case gets continued. If we can save even
one life by getting this process through as soon as possible, then she hopes that it

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was worth it to everyone on the Planning Commission. It was absolutely worth it for
her and all her friends who also have had all their friends pass away on the street.
She strongly opposed the continuance.

Chairman Johnson called on Ms. Leah Terry.

Ms. Leah Terry stated that she supported adding additional beds to the Human
Services Campus and was opposed to the continuance. There have been ample
meetings to discuss this plan. The proposed stipulations would address all residents’
concerns. The two big components of resident complaints are trash and attracting
more unsheltered folks. She stated that the trash issue will drastically improve with
frequent cleaning of the streets, and people who occupy these beds are already using
services on the Campus. People have a lot of different reasons for experiencing
homelessness. If we have the buildings for accommodating people, it makes sense to
bring them inside. They need to vote on this now. She pleaded with them to be
opposed to the continuance.

Chairman Johnson called on Mr. Ken Swenson.

Mr. Ken Swenson stated he is a property owner and operates a business near 16th
Street and Buckeye Road. He is in favor of adding the additional shelter beds for the
Human Services Campus, however, he was opposed to the continuance. He has
been involved in these meetings for several months, including the community
relations meetings in November. They talked about this time and time again. It is time
to act on this very important service that these organizations are to provide, including
shelter beds for mentally ill people. He urged the Commission members not to
continue the case an additional 30 days. They were just wasting their time.

Chairman Johnson called on Mr. Jay Minich.

Mr. Jay Minich stated that he was from the Andre House. He wanted to echo what
others had said. They began this process in February 2019. They could have had a
low barrier shelter up and running, about six months ago. He stated that he has been
to about 20 neighborhood meetings and he loves the input. He respected what the
Councilman stated, but he feels that Councilman Nowakowski is responding to a
small contingent. The thousands of signatures recognize the human need. He thinks
this really needs to move forward as people are in dire straits. There have been many
deaths and we can do more to prevent that. They are going to do their part.

Chairman Johnson called on Mr. Steve Zabilski.

Mr. Steve Zabilski stated that he is the CEO of St. Vincent de Paul. He was in
opposition to the continuance and hoped that they could make a decision this
evening. If there were more shelter beds, our streets would be cleaner, and our
community would be safer. We could do a much better job of helping people to end
their homelessness. He concluded by saying couldn’t we simply allow the men and

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women who are living on our streets tonight, to instead, come inside while we all work
together on regional solutions to best resolve this humanitarian crisis?

Chairman Johnson called on Ms. Alexis Wadas.

Ms. Alexis Wadas stated that she was in opposition to a continuance. She has been
hearing references to smaller specialized shelters. As a person who has worked with
those experiencing homelessness, and a veteran herself, she finds this idea attractive
but unrealistic. It is seldom that one finds an individual using the Human Services
Campus that just checks one box as being a veteran, severely mentally ill or dealing
with physical disabilities, working on their legal status, or struggling with an addiction,
or whatever their perceived category may be. She strongly believes that a large
proportion of those using the Human Services Campus need robust services from a
variety of disciplines and specialties. This is something that the campus already
provides. She was not sure why they would not capitalize on the infrastructure that is
already there. She stated that she felt like the stipulations directly addressed the
community concerns and respected the nearby neighbor. The stipulations were for
extended restrooms, longer check-in hours at CASS, and the incorporation of a low
barrier shelter to accommodate those mentioned earlier that do not qualify for the
Human Services Campus.

Chairman Johnson called on Ms. Brandi Ryan-Cabot.

Ms. Brandi Ryan-Cabot stated that she had worked with the Miracle Alliance for
shelter and housing back in 2015. With the closures and overflow, it only gets worse
year after year. The longer that we wait on providing more beds available, the more
the problem just continues. She thanked them for listening.

Chairman Johnson called on Mr. Michael Langley.

Mr. Michael Langley stated that he was opposed to the continuance. He stated that
Councilman Nowakowski mentioned earlier that he has been on Council for 12 years,
and this is the first time he has attended a Planning Commission hearing. So, he
waited until he was a lame duck in order to act on this particular item. He wanted to
encourage the Planning Commission not to continue the case, because it would be a
folly. That does not show leadership. These individuals have an opportunity to have a
home. The Council just passed 10.5 million dollars to U.S. Veterans so that they could
find their own campus for housing people. The Human Services Campus is not asking
for money. They are simply just asking for an extension of beds. Mr. Langley stated
that he is also part of the Central City Village Planning Commission and was the one
that made the motion to approve with stipulations. They did not approve it so that it
could just be kicked down the road. He hoped that the Commission members would
find the fortitude to move forward.

Chairman Johnson stated that he has been on the Planning Commission for about
seven years and this was only the second time that any Council member had spoken.
They usually try not to, because they do not want to push for anything or make it look

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like they are influencing the Commission members directly unless it is something that
they are very passionate about. They try to make sure that the Planning
Commission’s recommendation is completely separate from theirs. He called on Don
Ioli to speak.

Mr. Don Ioli stated that he was opposed to the continuance. He works and attends
church less than three miles away from the Campus. He stated that this process has
gone on way too long, in his opinion. He saw the Human Services Campus working
on stipulations. They have been putting in a great effort working with the community.
While he likes the strategic plan, it is just a plan. Adding shelter plans makes a
difference now.

Chairman Johnson call on Ms. Raquel Denis.

Ms. Raquel Denis stated she lived in the neighborhood and worked for CASS for
seven years, and she loved it. She had relationships with people being sheltered and
volunteered. She opposed the continuance, primarily because she has a sibling that
has been living unsheltered at different times during his life. He is a young man who
has mental illness and a co-occurring addiction. It is very true that a bed makes all the
difference, especially for those family members of people who have overlapping
issues that have led them to homelessness. As a person of color who knows that
blacks are disproportionately affected by homelessness in this city, it would mean so
much to know that her black relative would have this vote pushed forward, and that
this opportunity for a bed would be allowed.

Chairman Johnson called on Ms. Jasmine Rodriguez. She was not present. He asked
if there were any questions or comments by Commissioners. He called on Ms. Grace
D’Antuono to speak.

Grace D’Antuono stated that she strongly opposed the continuance. She stated that
the comment made earlier, “I understand people will die, but...” was unacceptable.
This is not a matter to be pushed aside. This is life and death. She and others do not
believe this is hyperbole. This is really happening. She stated that if their job is not the
well-being of community and the preservation of life, then what is it.

Chairman Johnson stated that he served on the CASS Board, so he is intimately
familiar with this process and the fight that we have every day on our hands. He
thanked the speaker. He asked if there was anyone else who wished to speak that
was in support of the case and opposed the continuance. There was no one. He
called on Mr. Blue Mitchell. He was not present. He then called on the opposition
speaker, Ms. Katherine Roxlo.

Ms. Katherine Roxlo stated she was requesting the continuance because of the
unresolved and unaddressed issues that are relevant to the health and safety of the
neighborhood. The neighborhood has expressed concerns continuously, since the
first time the application was heard. They do not feel that their concerns, as vociferous
as they have been, have been heard or addressed. They met with Human Services

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Campus in November. They tried to work with them and the City to explain their
concerns. They told the HSC their concerns in November. There have been no
changes. Not one word has changed in the stipulations or the permit to address the
concerns of the neighborhood, which are valid for the neighborhood’s safety and
environmental health. They do not have experience in this, nevertheless, they are
trying to provide draft stipulations that they believe would address their concerns.
These concerns and draft stipulations have been given to the City. The City has them
and is talking to their legal department to see if there is anything that they can do. She
stated that their basic concerns are environment health and safety. Stipulations that
any neighborhood deserves. They feel there is actual progress that can be made if
the City and HSC listens to them. She stated that they are asking them to get
Maricopa County involved, so that Maricopa County Environmental Health codes can
be addressed. Those are the kinds of things that are difficult and do not happen
quickly, and she cannot do them on her own. They are asking the Planning
Commission to listen to them and do this in a thoughtful deliberate way, so that they
can make progress.

Chairman Johnson asked if there were questions for the speaker. There were none.
He asked Ms. Roxlo to send the same list of stipulations she is sending to the
applicant, to Ms. Racelle Escolar, so that she can forward them to Planning
Commission members. He asked to receive them sooner than later, if they decide to
go forward with the continuance. He called on Ms. Angela Ojile.

Ms. Angela Ojile stated that she is the Chair for the Madison Pioneers Coalition. They
have not been involved with the stipulations. She did take issue with Mr. Koppell’s
version. They met with him. They met with Mr. Gilbert once in November. They have
had three meetings, one right after the other since then. They have not gotten any
feedback on their concerns regarding the stipulations. They have started to develop
their own. Like Ms. Roxlo stated, they did not hire an attorney. They are doing this on
their own, and it has been tough to be able to find enforcement on the current
stipulations. She stated that zoning cases should be used to create social policy. They
need to consider the adverse conditions in their neighborhood, what the HSC and the
City have allowed to happen, and what is perpetrated on this community. She hears a
lot of people talking about the stipulations and saying they live in the neighborhood,
but there are approximately 15 to 20 thousand neighborhoods on up to Sunnyslope
that have their back on this and are not okay with it. There is so much conversation
and work that still needs to be done. That is why they support the continuance. They
need more time. They are being rushed, and it has been at the expense of this
neighborhood for 30 years. They need to catch their breath and make something right
happen this time.

Chairman Johnson called on Mr. Bill Morlan.

Mr. Bill Morlan stated that he is a member of the Madison Pioneers Coalition. He is
strongly in favor of the continuance. They have had five meetings that involved the
HSC, in the last two weeks. Those were the first times that HSC has ever agreed to
meet with them, the neighborhood that is directly around the Campus. For 30 to 40

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years, they have been promised no more than 450 beds in the neighborhood, and
now they are trying to go back on that promise. He stated that they are very, very
concerned about how this stuff is written and what kind of enforcement there will be,
before anything can be approved going forward. They have been expressing their
concerns for months. They have been hoping that the HSC would give them some
idea about how they were willing to work with the neighborhood. They did not. So, the
neighborhood did finally write their own stipulations. They do not know how to write
stipulations, so they have done the best they can. The City has been very helpful to
try and get them into a framework that actually makes sense. That is a process that
was started and is going on right now. They are set to meet with the Campus and
Maricopa County next week. They had conversations today with Mr. Gilbert, where
they came to an agreement. They are having the opportunity to provide input, which
they were not given any responses to earlier. They hope to get something better than
this plan if they have a little more time.

Chairman Johnson called on Mr. John Westerdale.

Mr. Westerdale stated that he is a member of the Madison Pioneers Coalition, and he
supports their request for a continuance. Neighbors spent the last year meeting with
the City, the State, neighborhood groups and homeless service providers trying to find
solutions to the homelessness crisis in the Capital Mall. Since the previous Planning
Commission meeting, they have had meetings with the HSC and the Planning and
Development Department to address their concerns. This is what neighbors have
talked about, meeting with Mr. Gilbert and the agency. After those meetings, it was
clear that the success or failure of the zoning application is tied to Maricopa County.
Enforcing basic health standards for the neighborhood is the County’s responsibility
and not the City. So, until they can get commitments from the County to uphold their
responsibilities to the community, many of the stipulations written in the zoning
application, are not enforceable. Next week, HSC, the City of Phoenix and neighbors
are meeting with Maricopa County. The meeting will be facilitated by Mr. Alan
Stephenson. They are not trying to delay this endlessly. Being in the neighborhood,
ones sees this crisis upfront all the time. They are trying to find a long-term solution.
The truth is that if the County does not step up here, and they continue to do nothing,
the homelessness crisis in the Capital Mall will get worse. That is regardless of
whether the shelter is expanding or not. They need to have those meetings. He stated
that hopefully the City will back us up.

Chairman Johnson called on Laurel Langmade.

Ms. Laurel Langmade stated that there are four properties that go right from the
campus to 15th Avenue and McKinley Street, and they are all affected by the number
of homeless that are on the street. She is strongly for a continuance. One of the
things that she would like to do in the continuance is have Mr. Koppell at the HSC
address why having a mega campus is a solution when the City of Phoenix plan asks
for a smaller shelter. Bigger is not better; think about economy of scale. She stated
that she sent some solutions to these stipulations and made some suggestions to Mr.
Gilbert on August 4th. She did not receive a response. Listening to Mr. Gilbert and Mr.

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Koppell saying that they are getting this solved, is not true. She does not understand
the logic of the people that are saying that getting these beds is going to help the
people on the street, when Councilman Nowakowski recognized that 40 to 60 percent
of these people cannot go into the shelter, because they do not meet the shelter
requirements. So, where are these people going to go? She asked, if the meeting
notices are so visible, why were people opposed to this not being asked to come until
November.

Chairman Johnson called on Ms. Eva Olivos.

Ms. Eva Olivos thanked Chairman Johnson for his service to the Commission. She
stated that she represents communities living south of the Campus who are
impoverished and predominantly minority, Hispanic populations. They were originally
promised 420 beds with the initial promise that there would be satellite places. She
stated that with the 420 beds the Campus attracts 1,500 people. If they put 1,000
beds in there, they will attract 2,000. If you build it, they will come. The City’s plan
says that smaller is better, and providers support smaller shelters.

Ms. Olivos pointed out that the role of the Phoenix Planning Commission is to
promote health, comfort, and safety. But it does not mean only for the homeless. The
nearby neighborhoods get equal access, too. They are trying to get that for their
neighborhood. No one that she knows is opposed to the Campus. Everyone she
knows advocates and supports them, including her.

Ms. Olivos stated that she highly supports the continuance. Another point she wanted
to make was that it goes against the Capital Mall Overlay, and if they were not going
to invest in the Capital Mall Overlay, she wondered why they asked residents to give
input. She stated that they have been working on this for 10 years, and the other
people talking have been doing it for one or two years. She has been to City Council,
to the City Supervisors, to the Mayor, everywhere to try and get relief for their
neighborhood, and no one will listen. The current stipulations are not enforceable.
They do not meet the needs of the neighborhood. They only satisfy the needs of the
Campus. She reiterated that she supported the continuance.

Chairman Johnson called on Mr. Michael Rodgers to speak next.

Mr. Michael Rodgers stated that he is Chair of the Papago Neighborhood Association
and a member of the Madison Pioneers Coalition. He stated that he appreciated the
patience of the citizen appointees that sit on this Commission. Like them, he assumed
that most of them worked all day, as he did. He was speaking tonight on his volunteer
time to speak in favor of the continuance for this issue. He thinks clearly and
concisely, what they know is that the problems continue. They still have hazardous
and human waste, trespassing, property crime, random violence, and more occurring,
with only 450 beds. It is not right to speak to enlarging that capacity without fully
involving the neighborhood volunteers who are willing to come to the table. They are a
small but vocal group. He stated that they are citywide in backing this continuance. As
volunteers, they want to come to the table and make this work. They are not blind to

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the compassion that is necessary. They empathize with what is going on. They know
that there is a problem, they know that there are stipulations on the table, and they
know that there are volunteers in the neighborhoods that are willing to come to the
table to speak to this and resolve it. They are asking for a continuance.

Chairman Johnson called the next speaker Ms. Anne Ender.

Ms. Anne Ender stated that she would support the continuance, however, she
remained skeptical that further discussion was going to result in any solutions. She
has participated in the meetings with other neighborhood leaders and has diligently
researched the Capital Mall Overlay. She found that this case clearly violates the
purpose of that overlay. She could not see that further discussion would result in any
kind of solution. She stated that maybe Mr. Stephenson could speak to the overlay. It
is completely in violation of it. She thanked the Commission for their time.

Chairman Johnson called on John Soccoman to speak.

Mr. Soccoman stated that he has lived in the neighborhood since 1997, before there
was a Human Services Campus. He remembers 20 years ago when the HSC came
in, promises were made that this was going to improve the situation that was there
before. He stated that he was in favor of the continuance, because he does not want
something to happen quickly, that is going to impact him for the next 23 years. Once it
is done, he does not think it can be undone. He completely supports the continuance.
He only heard about this recently before the Village Planning Committee hearing. He
had never been invited to any of the five meetings, even though he would like to
participate. He stated that he welcomed the chance to do so.

Chairman Johnson called on Twanna Brunson.

Ms. Twanna Brunson stated that she is a member of the South Mountain Village
Planning Committee and President of Broadway Estates Block Watch Association and
a board member of Broadway Heritage Neighborhood Association. She wanted to
echo the words of Councilman Nowakowski and the comments made by Chairman
Johnson. She opposes the proposal, but she supports the continuance. She attended
both meetings held last month and listened to the residents, neighbors and business
owners, and they are against this. They have spoken of hardships that no one should
have to deal with. She stated that people have spoken about placing human life
above property. That is not the case. These people feel unsafe. There is drug activity
and all sorts of hardship that they have been dealing with and that should not be the
case. These people have made 15 to 30-year lifelong investments into this
neighborhood and they should not be subjected to any of that. She thanked the
Commission for allowing her to speak.

Chairman Johnson thanked her as well as the other Village Committee members for
serving. There were others in opposition to the continuance that he also wanted to
thank. He called on Jessica Bueno. She was not present. He called on Alex Stratton
again.

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Mr. Alex Stratton stated that he has talked to his neighborhood and they have ideas
regarding the stipulations. They opened a conversation with the City and leadership.

Chairman Johnson called on Joel Coplin to speak.

Mr. Joel Coplin stated that he and his wife are members of the Madison Pioneers
Coalition. He thought that the City would be making a horrible mistake if they voted on
this item without the continuance. This item needs more time. He was never invited to
any of the previous meetings, yet he lives a half block from the Campus. He stated
that everyone on the street comes to him. They know who he is, and he knows who
they are. He knew the people who died and feels just as bad as others about their
loss.

Mr. Coplin stated that he has lots of good ideas that were never heard, until tonight.
He was never invited to any meetings, so, he does not know what they all are talking
about, but he feels like he should be included since he lives very close to the
Campus. He stated that he supported the continuance. He thought they would really
be taking a chance by voting during this meeting. He asked what happens after they
add another 500 beds, and next year they are all loaded up on the streets again.
Would they add 500 more and how big is this going to get? He stated that they need
to come up with solutions. They need to continue to get more input. He wanted to
have some input and was not sure why he had not had the chance already. He stated
that people had street fights during the day with chains and shovels, and there were
overdoses; it was quite a day.

Chairman Johnson stated that they had finished hearing registered speakers,
however, he had one unregistered speaker, Mr. Ian Francis.

Mr. Ian Francis thanked the Chairman for the opportunity to speak. He has been
working on this issue for over one year, since they found out about the Health
Services Campus application. They have had very few discussions with the Campus.
The last two weeks have been the most productive two weeks they have ever had
with Mr. Gilbert, the HSC, and the City of Phoenix. He stated that just today, Mr.
Stephenson sent back the list of stipulations that his neighborhood drafted, of which
there are 19 stipulations. They gave them to him yesterday and they presented them
to the HSC and Mr. Gilbert today. The applicant does not like any of the neighborhood
stipulations and they are trying to slide this through without hearing from them. He
wanted to make their stipulations publicly known, so that opposition at this meeting
and everyone else can at least see them. He stated that 50 percent are to protect the
people that are in this neighborhood. They are not to benefit these businesses; they
are there to protect lives.

Mr. Francis stated that he wanted to comment on something that completely
frustrated him. He was extremely frustrated that people talked about homeless people
getting killed. He stated that he watches it happen. People are dying directly on the
streets. When they die directly in front of the Campus, no one from the Campus

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comes outside. When they die in front of the Andre House, no one comes outside to
see what is going on. The ambulances pick them up. He reiterated that they have had
the best dialogue in the last two weeks, and they need a continuance. They can make
a difference and do this in another couple of weeks to a month. He thinks they can
resolve this for the Planning Commission to decide on, without seeing these 19
stipulations. They can even be narrowed down to a few less stipulations. He stated, I
think we can make this work, but I need the public to see these stipulations, so that
they can understand where we are coming from.

Chairman Johnson asked Commission members if they had internal discussion,
questions or comments for staff.

Commissioner Busching asked staff if they had received the proposed stipulations
that various speakers referenced, and if there were proposals with which City staff
could work.

Ms. Escolar responded that staff had received their proposed stipulations, and they
are in the process of working with them to put them in standard stipulation format and
to ensure that they are legal and enforceable.

Commissioner Busching asked if staff had discussed those at all with the applicant.

Ms. Escolar responded that they did have a meeting earlier in the day where the
Madison Pioneers Coalition proposed some of those stipulations. However, she did
not know if they had had the chance to look at them in detail.

Chairman Johnson asked if there were further questions or comments before he
entertained a motion.

Commissioner Montalvo stated he had a motion and a question.

Chairman Johnson asked if he could ask the question and wait on the motion so that
Commissioner Gorraiz could ask his question or make a comment.

Commissioner Montalvo stated yes.

Commissioner Gorraiz stated that Ms. Ender had mentioned the Capital Mall Overlay.
He remembered that had gone back into the mid or late 1990s, and then there were
changes in early 2003. Some of the changes had to do with restrictions. He asked if
staff could explain to him how the Capital Mall Overlay impacts this issue.

Ms. Escolar responded that the reason why the applicant is requesting a special
permit is because the Capital Mall Overlay District requires it. Otherwise, if the
Overlay did not exist in this particular area, they would be allowed to have the shelter
and charitable dining hall by right. The Capital Mall Overlay requires a special permit if
one is doing a shelter or charitable dining hall.

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Commissioner Gorraiz asked if that was the case even though they were doing that
before the Overlay came into force.

Ms. Escolar responded that they have an existing special permit, but it only allows
them to have 425 shelter beds. So, they are requesting an increase to that.

Commissioner Gorraiz stated that he would like to thank everyone that has
participated in this issue. He stated that there has been a lot of emotion, a lot of
people that have spent a tremendous amount of time doing this. He stated that he
was going to support the 30-day extension. He emphasized that this was very
important to him. He worked down there. He spent a lot of time going down there on
emergency calls, going all the way back to when CASPAR Emergency Services
Center (ESC) started. Later, the Human Services Campus was built, which is a
tremendous place, and what they do is fantastic. He certainly empathized with those
who had spoken about the deaths and the cold. He stated that he would support the
extension, however, he would not be willing to do that again, unless there were a
temporary authorization for additional beds, while they resolve the number of issues
that seem to be so prevalent on both sides. He was not sure that they needed to wait
until the County takes care of this, or the State jumps in, or until they have some
agreements like they almost had with Mesa. They did on the west side, as well. He
stated that it was true, they do need some regional assistance, but he thinks it makes
sense to give people one more opportunity to talk and come to some agreement
about how this is going to work. There is no doubt, we are in desperate need of
additional beds. He is in total support of providing those additional beds. With that in
mind, he was supporting the continuance.

Chairman Johnson stated that Commissioner Gorraiz omitted the fact that he was
down there helping people out as a Fire Fighter. He was sure that there were constant
calls made helping the public out. He thanked Commissioner Gorraiz for his service.

Commissioner Gorraiz stated that he was glad that was brought up, because it was
actually the fire fighters that were heavily involved when CASPAR starter, along with
the Schoolhouse Foundation. It was actually a fire fighter’s district, the first teacher
before it became the Schoolhouse Foundation at Trinity. He stated that they go way
back. They were the ones that went and picked people up off the streets back in the
1980s when they had the tent cities down there. This has been going on for a very
long time. Now it just keeps getting bigger, and he does not see it diminishing at all.
He stated that we desperately need to address this homelessness.

Vice-Chairwoman Shank stated that she wanted to echo the comments by
Commissioner Gorraiz. She agreed 100 percent that there is a huge need for beds,
and she is in support of the beds. She would be in support of a 30-day continuance,
but no more than that. She hoped people could come together and work this out. She
thought Commissioner Gorraiz was exactly spot on.

Chairman Johnson stated that Mr. Gilbert has at least been great working with
neighbors on other projects where they tried to find solutions. He genuinely believes

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that if anybody can get this done it is going to be him to try to find something that is a
middle ground between the two sides. He understood that it would not be easy. It
would be extremely difficult. At the same time, he understood the need to rush to push
this through, and the concern for lives. But just the same, the Planning Commission is
taking it from the perspective that if this were an apartment case in somebody’s
backyard, they still have to be cognizant of the neighbors that live in the area,
because they also make sacrifices. As he mentioned earlier, he served on the CASS
Board. He donated time, he volunteered, he donated money and helped raise money
for CASS. It is a great organization within the Human Services Campus. He could say
that while additional beds are always needed, whether they put these beds in now,
they will still need more beds. Beds do not really solve the problem. At least from what
they have seen in the studies that have been shown. That does not mean that it is not
a need and not something that needs to be addressed, but the real answer in trying to
solve this issue is case workers. The more case workers they hire, the better chance
they have and the less likelihood of recidivism, people going back on the street. There
is five times less likelihood that a person will return to homelessness if they have a
chance to see a case worker. So, to really solve the problem, that is one of the areas
that need to receive more focus. He stated that if we did 10,000 beds today, we would
fill them. If we did 20,000 beds today, we would fill them. Beds are a temporary
solution to a much bigger problem. He stated that he has been into the weeds on this
stuff and understands it, probably not as well as their former leader Ms. Lisa Glow,
who has done an outstanding job since coming onboard with CASS, but there is still
work left to be done. He does understand that it ultimately will help address a certain
portion of the problem, but it is not the long-term answer. Finally, he wanted to say
that at this time he was only willing to personally support a 30-day (35-day)
continuance, because he would really like to see some progress. There is the
possibility and the potential to be able to move the needle. He stated that he supports
the continuance until January 7th, and at that time he will see what happens. He
called on Commissioner Montalvo.

Commissioner Montalvo stated that he had three questions and wanted to know to
whom should he address them. He asked who else would be involved besides Mr.
Paul Gilbert and the owner.

Chairman Johnson asked Mr. Gilbert to speak to Commissioner Montalvo’s question.

Commissioner Montalvo asked his question, but it was inaudible. He repeated the
questions and asked if the case were continued, how quickly would they be able to fix
the problems they are having. He asked if 450 beds would be enough. He asked how
many people are out on the streets currently. He visited the area twice in the last
week and he saw more than 500 people on the streets. He asked if they are going to
be able to clean the street completely and if they waited a little longer, would the new
way improve the situation.

Chairman Johnson repeated Commissioner Montalvo’s question due to audio
difficulties. He stated, if we approved the application today, will the problem be

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solved? Does he think that it is going to have a big impact on what is going on right
now, in relation to what he saw out at the site?

Mr. Gilbert stated, approving it today does not solve the problem. He and the Human
Service Campus are aware of that, but it is progress. He thinks that if it were
approved, it would be extra beds. Combined with the stipulations that protect the
neighborhood, he thought that they would make substantial progress, but they will not
solve the problem.

Commissioner Montalvo asked how long it would take to solve the problem. He hears
that they have been doing this for years and years and poor Councilman Nowakowski
got accused of being a lame duck now. He asked how this would help them if they
cannot solve the problem right away.

Mr. Gilbert responded that they can solve the immediate problem. He stated that there
used to be 300 people in the overflow shelter, but now it is gone. This gives them the
chance to at least get back what they once had. They can solve a lot of the problems
with this change to the Special Permit. He stated that they cannot solve the problem
completely, but they can go a long way towards solving it. This gets them back to
where they used to be before they shut the outdoor shelter down. He agreed with
Commissioner Montalvo 100 percent. He stated that he has said this in every
meeting. They are in 100 percent agreement that they need a regional plan. This does
not solve the problem. It helps make progress, but we do need a regional plan. One of
the stipulations that staff suggested is that we help lead the charge for a regional plan,
and we want to do that.

Commissioner Montalvo stated that there are more than 500 people that need beds.
They are only going to solve some of the problem, not all the problems. He thinks it is
going to take a little longer to solve all the problems than in the next 30 to 35 days.

Mr. Gilbert stated that he agreed with Commissioner Montalvo.

Chairman Johnson asked Commissioner Montalvo if he had any further questions.

Commissioner Montalvo stated that he was not sure who was going to answer them.
He asked what ideas they have to solve the problems totally.

Commissioner Gorraiz stated that just as a point of rules of order, he thought they
were still talking about whether they were going to hear this case tonight or continue
the case for 30 days. He stated that he would welcome the motion that Commissioner
Montalvo was talking about making earlier.

Chairman Johnson asked Commissioner Montalvo if he was ready to make the
motion.

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Commissioner Montalvo stated that he had one more question. He asked if the
applicant’s representative promised to work closer with the Councilman and the
community.

Chairman Johnson stated that Mr. Gilbert was no longer on the mic, but he genuinely
believed that he would. He asked Commissioner Montalvo if he was going to make a
motion.

MOTION I: Commissioner Montalvo made a MOTION to continue the case 90 days to
work with the community.

Chairman Johnson verified Commissioner Montalvo’s motion for a 90-day
continuance.

Commissioner Montalvo stated yes and asked to be invited to some of those
meetings. They need a little longer and maybe he could help. He is a builder by trade,
and he likes to deliver his buildings on time, and he would like to help deliver this thing
on time, too.

Chairman Johnson asked if there was a SECOND to the motion or a substitute
motion.

There was no SECOND. The motion failed.

MOTION II: Vice-Chairwoman Shank made a substitute MOTION to continue for 30
days to the January 7, 2021 Planning Commission Hearing.

Commissioner Shank stated that they had been working on the issue since February
of 2019, and 30 days should be enough time. If they were all invested in making this
work, they needed to find the time.

Commissioner Gorraiz SECONDED her motion.

Commissioner Gorraiz stated that there is a lot that goes into this issue. He did not
see anyone coming together in the next 30 days to solve the homeless issue, hunger,
health, and many other issues. They were looking at an application to increase the
number of beds and whatever that means, with regards to facilitating other things that
can help at that location.

Commissioner Gaynor stated that he absolutely supported the substitute motion,
however, he did want to make a comment directed at Commissioner Montalvo’s
original motion. As the Chairman mentioned earlier, if we are not satisfied with their
work in the next 30 days, there will be another opportunity to make comments and
discuss this. He thought that 30 days was safe and fair, even though he had hoped
that they would not have to continue the case and that the solutions were already
presented. He did support the continuance.

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Commissioner Gaynor stated that he had been serving on these commissions for
more than 13 years, and this is the second time that he ever saw a Councilman show
up at one of these meetings. He stated that he would be cautious to mention
something before understanding what these commissions are designed to do. They
are citizen commissions, and they are volunteers. They are supposed to support the
Commission’s responsibility. He thanked Councilman Nowakowski and Councilman
Garcia and the Mayor for the work they do as elected officials. Again, they are here to
do their work, and we are here to do this.

Chairman Johnson asked for further comments before voting on the motion.

Commissioner Montalvo stated that he wished everyone a Merry Christmas, but also
reminded them in contrast of what the homeless would be experiencing out on the
streets. He hoped that everyone could do better.

Chairman Johnson stated that he loved seeing and hearing the passion and concern.
He wants to make sure the Commission members get this right. He is hoping that with
the time that has already been spent and the additional 30 to 35-day continuance,
they will be able to see both sides come to the table and find a compromise that
works. He reiterated that he wanted to see both sides coming to the table to find that
compromise.

Commissioner Busching stated that while she agreed that the need to get the
additional beds and move forward is critical, she was heartened by the fact that the
opposition has crafted stipulations and gotten them to staff. This puts them in a
position to be actually workable, and opposition to be able to sit down with the
applicant to hopefully try and revise the current proposed stipulations. As long as both
sides work in good faith over the next 30 days, she thought they should be able to
move forward at that time. She supported the motion.

Chairman Johnson asked for further comments. There were none.

There being no further discussion, Chairman Johnson called for a vote and the
MOTION PASSED 7-1 (Absent: Montalvo) (Conflict: Howard).

Commissioner Montalvo left the meeting at 8:25 p.m.

***

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Planning Commission Minutes for November 5, 2020 (VIRTUAL MEETING)

Item #: 13
Application #: Z-SP-2-19-7
Location: Southeast corner of 13th Avenue and Madison Street
Acreage: 14.53
Proposal: 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.
Existing Zoning: C-3 HP-L CMOD, A-1 HP-L CMOD, A-1 SP CMOD, and A-1
CMOD
Proposed Zoning: A-1 SP CMOD
Owner: Human Services Campus Inc., et al
Applicant: Andy Jochums, Beus Gilbert, PLLC
Representative: Paul Gilbert, Beus Gilbert, PLLC

This item was taken out of order.

Commissioner Howard recused himself due to an appearance of a conflict of interest for
this item. He has no financial interests. He felt it would be inappropriate for him to vote
on this case.

Ms. Racelle Escolar stated that Item No. 13 is Z-SP-2-19-7, a request to rezone 14.53
acres located at the southeast corner of 13th Avenue and Madison Street from C-3
(General Commercial District), HP-L (Historic Preservation Landmark), CMOD (Capitol
Mall Overlay District), A-1 (Light Industrial District), HP-L CMOD, A-1 with a Special
Permit CMOD, and A-1 CMOD. The requested zoning is to A-1 SP CMOD to modify the
Special Permit area of the Human Services Campus to include the 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.

The Central City Village Planning Committee recommended approval, per the staff
recommendation by a 6-3 vote.

Ms. Escolar stated that staff recommends approval, per the Central City Village
Planning Committee recommendation.

Ms. Escolar stated that they received a request to continue this item, from Councilman
Michael Nowakowski and from the applicant.

Chairman Johnson stated that he would call the applicant up to speak but first wanted to
address the request for an email to be read into the record with opposition to the case,
as well. Since it was referencing the case instead of the continuance, he would wait to
read it, hoping that the he/she will come to the next hearing, or he will read it at that
point.

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Chairman Johnson stated to the applicant that there are seven people wishing to speak
referencing the continuance, and only the continuance. He would bring those people up
first to speak. The applicant would be given the opportunity following opposition to give
a seven-minute rebuttal to any opposition to the actual continuance. He reiterated that
the Commission members would only hear opposition to the continuance at this time.

Mr. Gilbert stated that he agreed.

Chairman Johnson stated that there were 11 people wishing to speak. He would give
each person one minute to speak regarding the continuance. Four people wished to
donate their time to Ms. Katherine Roxlo.

Chairman Johnson called on the following opposition:

Mr. Daniel Langmade was called, but did not respond.

Mr. Ian Francis stated that he was representing the Madison Pioneers Coalition, which
are the immediate neighbors in the vicinity of the applicant’s property. He stated that
they recommend the continuance.

Ms. Anne Ender was called, but did not respond.

Mr. Joel Coplin stated that he would like to add his name to Councilman Nowakowski’s
call for a continuance.

Ms. Angela Ojile stated that she is the Chair of the Madison Pioneers Coalition. She
owns a couple of properties in the area. Her south wall is the north wall for the Human
Services Campus (HSC). She agrees with Councilman Nowakowski’s office for the
continuance. The reason for the continuance is that is the right thing to do. It does not
really observe the capital mall overlay, which was put there to protect the neighborhood.
There has been no communication by the applicant to this neighborhood, which is the
direct fallout of everything that happens down there. They have talked about that at
length. As many as 30 or more people have talked about that at length at some of their
past meetings, and still no one has reached out to talk to them about the stipulations or
about what if anything can be done to make this workable with the neighborhood. She
stated that she just does not see any effort on their part, and the fact that it possibly
does not matter to them is not good enough. Something needs to be done. This
neighborhood is not protected with the stipulations that were put there.

Chairman Johnson responded that they have had Mr. Gilbert in front of the Planning
Commission several times. He is an outstanding human being. He was sure that Mr.
Gilbert would be happy to reach out and speak with them about it.

Ms. Ojile asked if she could get a direct phone number, she would love to reach out to
him the following day.

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Planning Commission Minutes for November 5, 2020 (VIRTUAL MEETING)

Chairman Johnson stated that when they call Mr. Gilbert to speak, he will ask him to
provide his phone number.

Ms. Roxlo was called, but did not respond.

Mr. Daniel Langmade was called again, but did not respond.

Ms. Anne Ender was called again, but did not respond.

Chairman Johnson called Mr. Pat Morlan, Mr. Jim Morlan and Mr. Ron LaMee who had
donated their time to Ms. Roxlo, to speak.

Mr. Bill Morlan stated that Ms. Roxlo had asked him to apologize on her behalf for not
attending this meeting. She would not be speaking. He stated that he strongly
supported the continuance. He is a member of the Madison Pioneers Coalition in the
neighborhood, which is very close to the campus. He wanted to reiterate what some of
the other group members had stated. They have not felt like they have had adequate
communication with the Human Services Campus and with Mr. Gilbert about this. He
wanted to second Ms. Ojile’s request to get contact information for Mr. Gilbert, so that
they can reach out to him directly to see if there is a way that neighborhoods and the
Campus can reach a resolution that will make everyone happy.

Chairman Johnson asked if there were any questions for the speaker. There were none.
He called on the Honorable Michael Nowakowski to speak. He was not in attendance.

Chairman Johnson called on Ms. Lisa Glow. She was not in attendance.

Chairman Johnson called on Mr. Gilbert who had support for the continuance.

Mr. Gilbert stated that they wrote the letter requesting the continuance. Obviously, they
did so with great reluctance, but in deference to Councilman Nowakowski’s request and
subsequent request, they agreed and requested the continuance. He stated that there
were two things he needed to clarify. There has been a lament that there has not been
sufficient discussion of the stipulations. He wanted to remind the Planning Commission
members that although they participated in discussion of same, the stipulations were
drafted, authored by, and promulgated by the Planning and Development Department
staff. When they have their meetings between now and the hearing date, they are
requesting that the Planning staff be there to help host and attend these meetings. The
last thing he wanted to make clear was that they have requested this matter be
continued until the next hearing on December 3, 2020. He would appreciate that the
hearing date be included in the motion.

Chairman Johnson requested Mr. Gilbert’s phone number and email address.

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Planning Commission Minutes for November 5, 2020 (VIRTUAL MEETING)

Mr. Gilbert stated his phone number (480) 429-3002 and his email is
pgilbert@beusgilbert.com.

Vice-Chairwoman Shank made a MOTION to continue Z-SP-2-19-7 to the
December 3, 2020 Planning Commission hearing, without fee.

Commissioner Gorraiz SECONDED.

Chairman Johnson asked if there were any questions or comments.

Commissioner Gaynor stated that he supported the continuance, but thought that it was
imperative to add beds to an area that he truly feels is saturated, and that local
businesses and households are spoken with. He does not see that the effort has been
made to a point of his satisfaction. He hoped that over the next 30 days Mr. Gilbert and
the applicant would have several meetings with the community and show the Planning
Commission that at the next meeting, to make sure that they are addressing their
concerns.

Commissioner Gaynor stated that he was surprised the City has let this go for so long.
His organization, Chicanos Por La Causa (CPLC), is attempting to fight things like
human trafficking, domestic violence, substance abuse, and homelessness, as they talk
to communities around the Valley and around the states they serve, on how they can do
that. As much as they would like to be the savior to all, they realize that they cannot do
this all themselves. They partner, they join, and they help other organizations that are
trying to do the same things and reach similar missions. In fact, they put the pressure on
other organizations like their own, to do their part, so that the community is served. In
this case, the City has worked very hard to address the homeless issue. He feels they
have done more than their fair share and it is time that the City absolutely require
conditions before accepting any more beds from any other cities. Those conditions can
be conditions where the city that is sending a client or someone needing help, makes a
commitment that they will be adding a bed or a number of beds to address this issue in
a certain period of time, so that there is a commitment that this will happen. Any
additional bed that Phoenix provides, the city that is sending somebody to us makes
that similar commitment. Commissioner Gaynor believes that it is everyone’s job to help
fight homelessness, and that includes all of the cities surrounding the City of Phoenix.
He hopes this message gets out to the people that need to make some of these
changes. He thanked the Chairman for allowing him to speak.

Chairman Johnson echoed a lot of Commissioner Gaynor’s concerns in the City and
how we adjust this issue moving forward. He reiterated the motion stated earlier.

Commissioner Gorraiz stated that he agreed with everything Commissioner Gaynor
stated. He also is interested in the funding for some of this. He was hoping people
would bring some of that information to the December 3rd meeting.

There being no further discussion, Chairman Johnson called for a vote and the

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MOTION PASSED 8-0 (Conflict: Howard).

***
OTHER BUSINESS

14. Presentation, discussion and possible action regarding the 2021 Planning
Commission Schedule. There were no comments.

Vice-Chairwoman Shank made a MOTION to approve the 2021 Planning
Commission Schedule as proposed.

Commissioner Gorraiz SECONDED.

There being no further discussion, Chairman Johnson called for a vote and the
MOTION PASSED 8-0 (Absent: Montalvo).

***

15. Presentation, discussion and possible action regarding the election of the 2021
Planning Commission Chairperson and Vice-Chairperson.

Ms. Escolar asked if there was a nomination for Chair for 2021.

Commissioner Howard made a MOTION for Commissioner Shank to elevate
from Vice-Chair to Chair on the 2021 Planning Commission.

Commissioner Gorraiz SECONDED.

Chairman Johnson stated that she was a good fit as Chair. He was very
supportive of this decision. She will be a great Chair. He asked if there was
further discussion or comments.

Commissioner Mangum stated that she was very excited about Commissioner
Shank becoming Chair. She has been under Chairman Johnson’s wonderful
tutelage these past years. She is completely supportive of the nomination.

Commissioner Gaynor stated that it was a great choice. He thinks that she will be
a great leader to this Commission and was looking forward to congratulating her.

There being no further discussion, Chairman Johnson called for a vote and the
MOTION PASSED 8-0 (Absent: Montalvo).

Commissioner Howard thanked Chairman Johnson for his leadership on this
Commission over the last couple of year. He thinks he has done an exceptional
job. He never would have made that motion without speaking to Chairman
Johnson first. Chairman Johnson had stated earlier that he wanted to step down

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Amendment to the Alwun House PUD to allow mobile vending, agricultural
uses, and retail sales.

Committee member Dana Johnson recused himself for this item and Shannon
Dubasik left the meeting for this item, bringing quorum to 10.

Sarah Stockham, staff, reviewed surrounding land uses and zoning, the
existing PUD goals and the request to add two new uses: mobile vending and
the raising, harvesting and retail of crops on site. Ms. Stockham displayed an
aerial map, the proposed site plan and reviewed proposed stipulations.

Dana Johnson, with the Alwun House Foundation, introduced himself, and
explained that the Alwun House Foundation is a non-profit arts organization on
Roosevelt Row that showcases art in the historic Sedler House which has been
a recipient of CBDG grants. Mr. Johnson showed an aerial zoning map,
explained the existing PUD standards and allowable uses, and the proposed
additions to the use list.

Public Comment:
None.

Motion:
Eva Olivas motioned to recommend approval of Z-27-A-11-8, per the staff
recommendation. Michael Langley seconded the motion.

Discussion:
None.

Vote:
10-0, Motion to approve passed with Committee members Starks, Burns,
Gaona, Langley, Lockhart, Olivas, Panetta, Rainey, Sonoskey, and Uss in
favor.

6. Z-TA-7-20: Presentation, discussion and possible recommendation regarding a
request to amend Chapter 7, Section 705.2.G.4 to update criteria for digital
conversions of nonconforming off-premise signage.

This item was not heard as the case was withdrawn.

7. Z-SP-2-19-7: Presentation, discussion and possible recommendation regarding
a request to rezone 14.53 acres located at the southeast corner of 13th Avenue
and Madison Street from C-3 HP-L CMOD, A-1 HP-L CMOD, A-1 SP CMOD
and A-1 CMOD to A-1 SP CMOD to modify the Special Permit area of the
Human Services Campus to include Andre House and to allow for an increase

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in the maximum number of beds. The Special Permit is to allow homeless
shelter, charitable dining hall and food service uses.

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

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

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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 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

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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 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

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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.

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

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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, 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

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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 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,

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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.

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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.

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-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

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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.

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

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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 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

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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 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

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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 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
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

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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 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

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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 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.

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Central City Village Planning Committee
October 12, 2020 – Meeting Minutes

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.

8. INFORMATION ONLY: Presentation and discussion regarding National
Community Planning Month.

This item was continued to the November 9th meeting.

9. Discussion and possible recommendation regarding the 2021 meeting schedule
for the Central City Village Planning Committee.

Motion:
Michael Langley motioned to approve the 2021 meeting schedule. Veronyka
Lockhart seconded the motion.

Discussion:
None.

Vote:
9-0, motion to approve passed, with Committee Members Starks, Burns,
Dubasik, Gaona, Johnson, Langley, Lockhart, Olivas, and Sonoskey in favor.

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Central City Village Planning Committee
July 13, 2020 – Meeting Minutes

the site is immediately south of an affordable housing development and there
are many affordable housing developments nearby.

Chair Rachel Frazier Johnson asked the applicant to take the request to
include affordable units in this proposed development back to his client.

Vice Chair Janey Pearl Starks agreed with Chair Johnson’s request given that
the committee has expressed the need for affordable units in the area.

Cindy Stotler, City of Phoenix Housing Department Director, commented that
the Phoenix City Council approved the Housing Phoenix Plan, which stated a
need for over 163,000 new housing units, some of which are market rate. Ms.
Stotler continued that are affordable housing developments nearby such as
Monroe Gardens, Frank Luke and A.L. Krohn and they do not want to
concentrate affordable housing in one area.

Public Comment:
None.

Motion:
Patrick Panetta motioned to recommend approval per the staff
recommendation. Zach Burns seconded the motion.

Discussion:
None.

Vote:
11-3, Motion to approve passed, with Committee Members R. Johnson, Burns,
Colyer, Gaona, Johnson, Langley, Lockhart, Panetta, Sonoskey, Sweat and
Uss in favor and Dubasik, Olivas and Starks in opposition.

7. INFORMATION ONLY – Z-SP-2-19: Presentation and discussion regarding a
proposal to 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.

Chris Colyer and Ash Uss recused themselves for this item, bringing quorum to
12. Thirty-four speaker cards were submitted wishing to speak. One speaker
card was submitted in opposition not wishing to speak.
-Two speakers donated their time to Angela Ojile.
-One speaker donated their time to John Westerdale.
-Two speakers donated their time to Ian Francis.
-One speaker donated their time to Michael Godbehere.
-One speaker donated their time to Freddy Brown.

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Central City Village Planning Committee
July 13, 2020 – Meeting Minutes

-Three speakers donated their time to Katherine Roxlo.

Paul Gilbert, representing the applicant, with Beus, Gilbert, PLLC, presented
an overview of the request, displaying an aerial map. Mr. Gilbert stated that the
request is located in the Capitol Mall Overlay District, which was created to
prohibit certain uses that could be deleterious to the area such as pawn shops,
liquor stores, and blood banks and permitted other uses that had the potential to
ameliorate the slum conditions, such as charitable dining halls and shelters,
with a special permit. Mr. Gilbert continued that in the 1980s and 1990s many
organizations began to provide services to the homeless population on the site
and in 2003, the special permit was approved, which consolidated the area to
be known as the Human Services Campus. Mr. Gilbert added that the original
special permit was subject to one stipulation, to limit the number of beds to 425
and that the proposal now is to update the number of beds and to add many
more stipulations, which are still in draft form. Mr. Gilbert stated that the
proposal is for 1,000 beds to be allocated as follows: 275 beds for CASS for a
total of 700 beds to reach the maximum allowed under their certificate of
occupancy, 100 beds to the Andre House which is a low-barrier shelter and 200
beds to be used during extreme summer heat and winter. Mr. Gilbert ended his
presentation by saying the proposal will use the existing space within the
campus, it will not attract more homeless people as they are already there, and
that there is room for improvement as they are trying to be good neighbors.

Michael Langley asked how the proposal will allow for distancing and hygiene
measures in place due to the pandemic. Mr. Gilbert responded that the facility
will look as it does now, and within the buildings they are social distancing and
spacing. Amy Schwabenlender, with the Human Services Campus, added that
they are following the CDC guidelines, they have spaced things out and
stopped communal eating. She continued that the COVID cases have been low
at the campus.

Dana Johnson stated that the problems exist today when the campus is
allowed 400 beds, and the proposal to more than double the amount of beds
would make conditions worse. He continued that some people are afraid to
come onto the campus. Mr. Gilbert responded that they have tried to be good
neighbors and he believes with the proposed stipulations (which are not
finished), conditions will improve. He added that if people were afraid to come
onto the campus, they wouldn’t have to turn people away.

Sean Sweat asked how the large the CASS shelter is in relation to other
shelters area, what is the difference between the Andre House, a low-barrier
shelter and how did they get to the allocation for 275 beds for CASS and 100 for
Andre House. Mr. Gilbert responded that CASS is the largest in the area and
they will have more information on that when they return for recommendation, a
low-barrier shelter does not have rules on pets or the time of night when they

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Central City Village Planning Committee
July 13, 2020 – Meeting Minutes

can check in. Mr. Gilbert added that the 275 beds for CASS is the maximum
allowed per the Certificate of Occupancy, and the Andre House can only hold
some many beds. Mr. Gilbert repeated the bed allocation:

425 beds currently approved. 1,000 beds proposed
-275 beds to CASS (total: 700)
-100 beds to Andre House (total: 800)
-200 beds for extreme weather conditions (total: 1,000)

Will Gaona asked how closely the applicant has been working with
neighborhood groups and what will the next steps be if the neighbors are
unsatisfied with the final stipulations. Mr. Gilbert responded that they have held
three neighborhood meetings where concerns were raised, and that when the
stipulations are finalized, they will circulate them and host another meeting. Mr.
Gilbert added they will continue to work with the neighborhood and
Neighborhood Services can help too if the neighbors are still unsatisfied.

PUBLIC COMMENT:
Angela Ojile shared that she is against the proposal, the applicants have not
reached out and the neighborhood has not been included, the cleaning around
the area is bad, the neighborhood can’t afford any more beds since many
businesses have closed down, there were feces and urine in her driveway, and
mega shelters do not work.

John Westerdale shared that he is opposed to the proposal, there are a lot of
schools in the area and there are many sex offenders, the largest shelter in
California has 500 beds, and that the City should not congregate uses.

Ian Frances shared that he is a business owner and the area is the worst it has
ever been, the applicant is not in communication with the community, a low-
barrier shelter accepts people who are intoxicated, the Madison Pioneers
Coalition has been trying to make the neighborhood better, and that the campus
is in violation of the City Code due to the health hazards associated with
urination and defecation on the street.

Jessica Bueno states that she is concerned with the increase for the number of
beds, the community’s quality of life is impacted and they don’t feel safe, alleys
are being used as toilets, and the Capitol Mall Overlay was intended to add
economic vitality in the area and have positive impacts on the neighborhood.

Michael Godbehere shared that when he worked in the area there was an
immediate increase of theft, burglaries and public defecation, he has personally
been a victim of robbery and assault, and healthy businesses have closed in the
area.

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Central City Village Planning Committee
July 13, 2020 – Meeting Minutes

Freddy Brown invited everyone to walk the area, shared that at his company
they escort the female employees to their cars at the end of the day, the
applicant cannot manage the 425 beds they have now and many people have
been banned from the shelter, and when people give them goods, they throw
the trash on the ground.

Joanne Lowney shared that they cannot operate their own business in their
building, the streets are used as toilets, and all cities must take part in housing
the homeless.

Katherine Roxlo shared that in 1984 the shelter was opened with a use permit
for 220 beds, in 1990 the facility expanded to 400 beds, the shelter has been a
magnet for all other homeless populations in Arizona, nowhere else in the City
are so many health and safety violations allowed, there are 138 sex offenders
who list their primary residence within a quarter mile of CASS, and asked staff
to document the health and safety violations in the area, research the number of
fines and the number of people in the area not seeking shelter, and the impacts
on zoning and mitigation of negative impacts.

Joel Coplin stated that he lives half a block from the campus, there are many
people on the street, and that many of them have been kicked out of the
campus.

Lori Thompson shared that she is opposed to the expansion, everyone should
have a seat at the table and the shelter should not be the dominant force in the
area.

Laurel Dianne Langmade shared that she is against the special permit
request, there is an increase in economic hardship for businesses, and a RV
company had tires slashed and urination on their property.

Grace Salinas shared that governments have failed to address this issue and
the community hasn’t been invited to provide input.

Vicki Anderson shared that she deals with the homeless population daily and
an increase in the number of beds will allow for less rehousing.

Ray Garcia quoted “if you build it, they will come”, shared that there were many
people living in the park which recently got cleared out due to a knifing, the
community feels the negative effects of the shelter such as human waste on the
street.

Twila Lake stated that she lived and worked in the Woodland Historic District
and participated in street cleanups and late-night street survey, they asked

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Central City Village Planning Committee
July 13, 2020 – Meeting Minutes

people why they chose to sleep on the street instead of the campus and shared
that respondents replied they were fearful of being beat up on the campus.

Jay Minich stated he is one of the directors at Andre House, he can see the
change in people when they get a bed, that the proposal will help with their
overflow capacity, and that there have been 12 deaths in two weeks due to
extreme heat.

Brent Downs shared that he works on the campus, experienced homelessness
20 years ago, his journey began when he got a bed and he hasn’t experienced
homelessness since, and this is an opportunity to give people a chance.

Jonathan Koppell stated he is president of the HSC Board, agreed that the
situation on the street is bad, we need to call on the City and County to do
better and this is a social justice issue.

Raquel Dennis stated she lived and worked in the neighborhood and supports
the proposal, the homeless population are people too, it is their neighborhood
too, not just for those who own property.

Kyle Foxcroft stated that the campus has not helped with the street cleanup
and asked for clarification on the definition of extreme weather conditions for the
proposed 200 beds.

Alex Stratton shared that he is not supportive of the request, it does not meet
the intent of the Capitol Mall Overlay, there are unintended consequences of
conglomerating the homeless population and there are other ways to shelter
people.

8. Presentation and discussion and possible recommendation regarding the
Central City Village Character Plan.

Sarah Stockham, staff, presented an updated Character Plan.

Eva Olivas asked if the Character Plan displayed had been updated from the
version included in the packet. Sarah Stockham, staff, replied that it is the
same as the one included in the packet.

Vice Chair Janey Pearl Starks asked that the image of Hance Park be
cropped to exclude the person on the lawnmower.

Motion:
Vice Chair Janey Pearl Starks motioned to recommend approval. Veronyka
Lockhart seconded the motion.

Page 362
ATTACHMENT E
Adam Stranieri

From: bwry28@cox.net
Sent: Tuesday, June 20, 2023 7:48 AM
To: PDD PHO
Cc: melissa@goodmanschwartz.com
Subject: Agenda Item #5 PHO-1-23--Z-SP-2-19-7

Good Morning,

My name is Brandi Ryan‐Cabot. My address is 1838 E Coronado Rd in Phoenix and I support the Human Services Campus
and their request to modify the s pula ons.
I’ve been involved in advoca ng for resources for our unsheltered community members since 2015. Two items that
remain consistent over me are the increase in unsheltered people, and the HSC being subjected to a ack and cri cism
[collinsdic onary.com] for fulfilling their purpose of ge ng people oﬀ the streets and connected to services.
The 2019 proposal to enhance the special permit was designed to serve more people and ease the stressors on the
immediate neighborhood by commi ng to those very things that service providers and neighbors have been asking for,
for years. The process of ge ng approval was arduous and the 2021 mee ngs imposed changes to the s pula ons that
were not part of the approved agreement, and which are the reason we are here today.
Unsheltered homeless numbers go up every year. So far we as a community are not mee ng the need. The idea of
limi ng shelter space already built out is wasteful to the last few years of investment.
You’ve heard the sta s cs. I’m asking you to keep in mind that people have no place to go. I par cipated in the Point In
Time Count in 2020, and the pure suﬀering and degrada on I witnessed was stomach turning. Please allow the Campus
to use the total of their beds un l there are other shelter op ons.

Thank you for your considera on,
Brandi Ryan‐Cabot
602‐292‐142

Page 363
ATTACHMENT F
Received After 6/21/23 PHO Hearing
Chase Hales

From: Dianne Langmade
Sent: Monday, June 26, 2023 10:07 AM
To: PDD PHO
Subject: PHO-1-23--Z-SP-2-19 Communication or lack of

Regarding the PHO-1-23--Z-SP-2-19 Planning Hearing on 21 June, 2023, there was one comment I neglected to
make. Mr. Gilbert emphasized the communication between the Madison Pioneers Coalition (MPC), Neighbors and
individuals living or having property within the proximity of the HSC, and the HSC, City of Phoenix and others during the
HSC Quarterly Meetings hosted via Zoom by the HSC. Please note the MPC, individuals most impacted by the chaos on
the streets surrounding the HSC, are given only 5-minutes for this, "community outreach meetings to discuss compliance
with the zoning stipulations, ..., and issues/concerns from the community, and how those concerns could be addressed
by the shelter providers or the City." (stip #15 a-f)

The allocated five minutes is hardly enough time for the MPC to address issues/concerns. Instead what the Quarterly
meetings have become is an infomercial by the HSC and other service providers to highlight what they do, and not
address problems from the crime and chaos created by those on the street seeking services at the HSC. Because of the
ineffectiveness of the Quarterly meeting to address the MPC concerns, many of the neighbors within "The Zone" have
stopped attending. The number of people Mr Gilbert quoted as attending as being in the 60's are actually in the mid-
30's, with most of those attending are associated with the HSC and service providers. The reason for the lack of MPC
attendance is the neighbors find these meetings ineffective. We need solutions, not an infomercial.

https://hsc-az.org/community/#feb7 [hsc-az.org]

FYI, This is a link for reference to these meetings. Thank you for your attention to the manner surrounding the streets of
the HSC

Dianne Langmade
1345 W. McKinley St

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Page 371
Adam Stranieri

From: Anthony M Grande
Sent: Friday, June 9, 2023 3:45 PM
To: PDD PHO
Subject: FW: Central City Planning/HSC meeting PHO-1-23--Z-SP-2-19
Attachments: HSC stipulation hearing.doc

Please see the written comment related to the PHO case.

Thanks,

Anthony Grande
Planner II – Village Planner
Planning & Development Department
Long Range Planning
Office: 602-256-5648
200 West Washington Street
Phoenix, AZ 85003

From: Jo‐Ann Lowney
Sent: Friday, June 9, 2023 3:20 PM
To: Anthony M Grande
Subject: Central City Planning/HSC meeting PHO‐1‐23‐‐Z‐SP‐2‐19

Dear Anthony Grande,

Please include this letter in packet for consideration of

PHO-1-23--Z-SP-2-19

CENTRAL CITY VILLAGE PLANNING COMMITTEE
Phoenix City Hall
200 W. Washington St., Phoenix, Arizona

Page 372
June 9, 2023

RE: PHO-1-23--Z-SP-2-19

HSC wants the important stipulation of a required 3-year review to be dismissed, allowing them to have 600
beds plus the extra 300 for ever.

We cannot let this happen.

HSC has not lived up to their agreement to keep our neighborhood clean because although they have cleaners
doing the job daily, they cannot keep up with the refuse and human waste due to the huge and growing
homeless population living in semi-permanent shacks and tents on the rights of way and sidewalks of our
neighborhood, drawn there by the open campus policies of the HSC. There is no way to keep things clean in
such conditions.

The state of decline for the last many years has continued since HSC got their way with this. The people on the
street are in most cases resistant to services. Nor do they want to go into dormitory shelters. We need to find
an answer to shelter offering something the homeless population will prefer over the street. Structured camping
sites have worked well in locations all over the country, we need to add them to the mix of approaches to
helping the unhoused population out of a miserable and dangerous situation.

They need an alternative to shelters and there is no hope to ever be able to offer ‘Housing First’ to
everyone. We need safe, structured campgrounds on city or state property, where people can go with their pets
and friends, have their tents, but have access to services when they are ready for them, and most of all, have
toilets, showers, water and shade and some measure of security. One city using this model is Denver, Colorado.

The HSC model is ineffective and self serving. It ill serves their ‘clients’ and it does not seem to want to take
into consideration the wellbeing of the city or neighborhood within which it operates. At the very least, HSC
should not be expanded and should continue to cooperate with all stipulations, including the 3 year review.

Thank You,

Jo-Ann Lowney
www.jo-annlowney.com [jo-annlowney.com]

Gallery 119
119 S 11th Ave
Phoenix, AZ 85007

Page 373
Submitted to staff at Central City VPC 6/12/23

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To THE village Planning Committee,

I am in strong opposition of HSC having their review removed. They have not lived up to their end of the
agreement and should in fact be put back to their original capacity limit of 425 which was actually not
being managed effectively.

My property and my neighbors is not cleaned and kept safe as agreed and is such a disaster from
violence, drugs and mental health issues. It is an environmental disaster making my property unusable.

This neighborhood was duped by the last agreement. We trusted them and felt that all of our
concessions were a Good Neighborhood Agreement of sorts only have our properties, businesses and
lives decimated by what transpired following making this agreement.

This removal of review should not be removed. HSC should be held accountable now and the agreement
from two years ago should be revoked and at best got back to the limit of four hundred and twenty five
beds.

What is happening in this area is hurting (and in too many cases killing) more people than helping. There
is a better solution. This is not it.

Angela Ojile

Madison Pioneers Coalition

602-501-3802

AngieOProperties@gmail.com

Page 388
Adam Stranieri

From: Anthony M Grande
Sent: Monday, June 12, 2023 7:43 AM
To: PDD PHO
Cc: Adam Stranieri
Subject: FW: PHO-1-23—Z-SP-2-19-7

Please see the comment on this case below.

Anthony Grande
Planner II – Village Planner
Planning & Development Department
Long Range Planning
Office: 602-256-5648
200 West Washington Street
Phoenix, AZ 85003

From: Jeff Spellman
Sent: Saturday, June 10, 2023 12:19 PM
To: Anthony M Grande
Cc: Bill Morlan ; Michael R Angulo ; Angela Ojile

Subject: PHO‐1‐23—Z‐SP‐2‐19‐7

Anthony ‐

I served, along with several other neighborhood leaders, on the City's Task Force to address Homeless Services. The plan
approved by City Council called for smaller specialized shelters for specialized populations. We are making progress on
that strategy. My neighborhood was the first to support one of these specialized shelters known as The Haven. I believe
the 3‐year review of stipulations was intended to allow a greater number of beds at the HSC while the City pursued this
new strategy for smaller shelters.

I realize this review is not about reducing beds but rather how the campus is performing on the stipulations. I'll leave
that assessment to the neighbors and businesses that are dealing with this crisis each and every day to comment.

The 3 year review was stipulated as a way to assess progress. In support of the City's approved Strategies, I am
absolutely opposed to removing this stipulation.

Thank you,

Page 389
Jeff Spellman

602‐499‐2038

Sent from my Verizon, Samsung Galaxy smartphone

Page 390

Supporting documents

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View on Agenda Online ↗

Meeting Economic Development and the Arts Subcommittee-3/20/2024 complete

1. ¶ For Approval or Correction, the Minutes of the Formal Meeting on June 2, 2021

Item text

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2. ¶ For Approval or Correction, the Minutes of the Formal Meeting on June 16, 2021

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3. ¶ For Approval or Correction, the Minutes of the Formal Meeting on June 23, 2021

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4. ¶ For Approval or Correction, the Minutes of the Formal Meeting on Jan. 3, 2024

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5. ¶ Summary

Item text

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6. ¶ Liquor License - Special Event - Our Lady of Czestochowa Roman Catholic

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7. ¶ Liquor License - Special Event - The Arizona Board of Regents (ASU)

Item text

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8. ¶ Liquor License - Special Event - St. Gabriel the Archangel Roman Catholic

Item text

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9. ¶ Liquor License - Special Event - St. Gabriel the Archangel Roman Catholic

Item text

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10. ¶ Liquor License - Corazon de Agave

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11. ¶ Liquor License - Carniceria Ponderosa 3

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12. ¶ Tequila

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13. ¶ Liquor License - Stem Wine Company

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14. ¶ Liquor License - Starfish Lounge 2

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15. ¶ Liquor License - New Tokyo Food Market

Item text

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16. ¶ Liquor License - Special Event - Madison District Educational Foundation, Inc.

Item text

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17. ¶ Liquor License - Special Event - Madison District Educational Foundation, Inc.

Item text

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18. ¶ Liquor License - First Watch #1046

Item text

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19. ¶ Liquor License - Taco Viva

Item text

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20. ¶ Liquor License - Special Event - Phoenix World Arts Collective

Item text

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21. ¶ Liquor License - Hugo's

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22. ¶ Liquor License - Mariscos El Viejon 2

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23. ¶ Liquor License - The Venue on 7th

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24. ¶ Bingo License - Phoenix Lodge 335 of the Benevolent and Protective Order of

Item text

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35. ¶ Request to Enter into Partnership Agreement with Northern Arizona University -

Item text

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36. ¶ Pre-Engineered Fabric Shade Structures Contract - COOP 24-0032 - Request for

Item text

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37. ¶ Electronic Agenda Management System and Video Streaming Service - RFA 19-