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HomeMy WebLinkAbout2016-009 Emergency Homeless Encampment; Zoning Modification ORDINANCE NO. 2016 -009 AN ORDINANCE relating to land use and zoning, declaring an emergency with regards to the homeless encampment on East Chestnut Avenue and temporarily lifting zoning restrictions that prohibit campgrounds in the R -2 zoning district for the parcel commonly known as 101 South 6t Street. WHEREAS, homelessness continues to be an issue in Yakima County, with the 2016 Point in Time survey indicating that approximately 600 people are homeless on any given night; and WHEREAS, although this is a decrease of about 16% from 2015, the number of chronically homeless has not significantly dropped; and WHEREAS, more than 80% of the homeless population is concentrated in the City of Yakima and approximately 90% of the homeless surveyed indicated that the last place they had permanent housing was Yakima County; and WHEREAS, barriers to housing exist including the extremely low vacancy rate in Yakima County of approximately 2% since 2012; and WHEREAS, winter warming shelters were available from mid - November through mid -March to address health and safety issues arising from the cold weather in Yakima during the winter months; and WHEREAS, since the winter warming shelters closed in March there has been an increase in the number of visible and chronically homeless individuals in the City of Yakima, despite the drop in overall homelessness over the last ten years; and WHEREAS, shortly after the winter warming shelters closed, an impromptu and unauthorized encampment was established on a public right -of -way, adjacent to East Chestnut Avenue on the corner of East Chestnut Avenue and South 6 Street in Yakima, housing those who are considered chronically homeless, the number of which has not declined at the same rate as other homeless populations in Yakima County; and WHEREAS, the encampment has grown in size to encompass the entire right -of -way planting strip area between the alley and the corner, with little open space; and WHEREAS, due to escalating public health concerns, the City accepted a loan from the Yakima Health District in June to provide funding to place health and sanitation facilities near the encampment; and WHEREAS, Yakima Neighborhood Health Services (YNHS) owns as private property the adjacent property at 101 South 6 Street and allowed the City to place the health and sanitation facilities on the property adjacent to the encampment; and WHEREAS, since the sanitation facilities were placed, Yakima Valley Conference of Governments (YVCOG) approved funding for a voucher program to place many of the chronically 1 homeless individuals at the encampment into housing, however, YVCOG was required to send out an RFP for the program, and the vouchers are not expected to be available until August 1st; and, WHEREAS, the numbers of people at the encampment, and the lack of space, people are starting to use the roadway for sitting, standing and socializing, including people sitting on the curb with their legs in the lanes of travel, creating a traffic /pedestrian safety issue for drivers and homeless individuals; and WHEREAS, there have been numerous incidents involving people in the street and obstructing traffic as well as instances where items and persons have obstructed public use of the sidewalk along the roadway; and WHEREAS, the encampment area is overcrowded and lacking in any space for movement of people, relaxing, socializing or conducting day -to -day activities; and, WHEREAS, YNHS offered to allow the encampment to move to 101 South 6 Street, located in the R -2 zone, for a short period of time until the voucher program can be administered if the City continued providing the health and sanitation facilities currently at the encampment and provided fencing; and WHEREAS, the City Council finds that the regulatory requirements established by this ordinance are necessary for the immediate preservation of the public peace, health and safety and for the immediate support of the health and safety issues surrounding the encampment on East Chestnut Avenue in Yakima, and WHEREAS, the City Council finds and determines that approval of such regulatory requirements and declaring an emergency is in the best interests of the residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The City Council adopts the foregoing recital clauses herein as findings in support of the adoption of the declaration of emergency and temporary suspension of the zoning code with regards to the property owned by YNHS at 101 South 6th Street (Yakima County Tax Parcel No. 191319 - 13459). Section 2. As a result of the declaration of emergency, the zoning requirements for Parcel Number 191319 -13459 are suspended for a limited period of time to allow a campground in the R -2 zoning district to facilitate an encampment until August 15, 2016. Section 3. The suspension of the zoning requirements for Parcel Number 191319 -13459 are limited to allowing a campground and are limited in duration to August 15, 2016. After that date, the property will need to return to being compatible with the R -2 zoning requirements. Section 4. The City will continue to provide health and sanitation facilities as are supplied currently to the encampment through the loan agreement with the Yakima Health District, until 2 August 15, 2016. The City will also provide fencing along the alley and neighboring properties which will be placed as to not limit service providers from servicing the health and sanitation facilities. The City Manager is hereby authorized to implement and administer the functions authorized herein and to perform and administer such other services deemed necessary and appropriate to implement the functions authorized herein. Section 5. The property remains in the full and complete control of YNHS, its owner, and the City has no responsibility for the activities upon the property during the time period that a campground is permitted under this ordinance. Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional, unlawful or invalid by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 7. Effective Date. Effective Date. This oridinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL signed and approvCd this 5t day of July, 2016. Avina Gutier a o ATTEST: _ .� ` YF r(�� 11 10- 1 1 cf� q • S Sonya C aar Tee, City Clerk ; . � ° ;; • Publication Date: July 8, 2016 14 �,, ./NGTO Effective Date: August 7, 2016 3