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HomeMy WebLinkAbout08/14/2017 02 Camp Hope OptionsBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT 1 Item No. 2. For Meeting of: August 14, 2017 ITEM TITLE: Camp Hope options SUBMITTED BY: Cliff Moore, City Manager SUMMARY EXPLANATION: Council requested a study session to discuss Camp Hope and possible options for when the current lease expires on November 15, 2017 1. Overview of Camp Hope winterizing plans 2. Water and sewer costs and issues 3. Zoning questions 4. Questions from Council ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: -----"litilN"'4------City Manager STAFF RECOMMENDATION: BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date 13 1 - future Andy 8/10/2017 13 1 - camp hope map 8/10/2017 13 1 - potential 8/10/2017 13 2 - utilities 8/9/2017 Type Coker Memo Coker Memo Coker Memo Coker Memo 2 ❑ 3 - memo zoning 8/9/2017 Coker Memo 3 T RAN S FDRML YAKIMA TOGET —R Future of Camp Hope as a Strategic Component to Solving Homelessness in Yakima Homelessness is a community problem. It is not the problem of service providers such as Transform Yakima Together (TYT). TYT is not a "business" seeking a zoning variance in order to open a business outlet in a desirable location. Rather, TYT, in response to the request of city and county leaders, has sought to be of service to the City and the broader community in meeting the needs of the homeless. And, it seems that the services provided at Camp Hope and its location have both served the City and the broader community well. Therefore, going forward, if it serves the will of the Council and the greater good of the community, we desire to be a very proactive member of the community that brings a positive solution to this problem and will, if asked, play a lead role in this. To that end, we offer this proposal / suggestion of what the future of the Camp Hope location could look like. However, the impetus for pursuing a comprehensive, strategic solution needs to come from community leaders such as the City Council. A Proposed Vision We envision and encourage a vision of a long-term plan for Camp Hope that includes multiple "villages" of various populations, including families and individuals with common area facilities that would be shared within each village or serve the entire campground. This could include a village like that which Justice Housing has been proposing (e.g. the Quixote Village in Thurston County). There is a successful example of such a camp -ground in Austin, Texas, that offers various housing options to low income and homeless individuals and families as well as common facilities, all under a central management. Notwithstanding the hurdles outlined in the legal brief provided by City staff on this project, which are issues the city and community must deal with, we believe that if all the parties work together we can define and navigate a path forward to accomplish this goal. A phased approach It is obvious that the work needed to be done for a comprehensive plan and the development of the property is something that will take some time. Therefore, it should be approached in phases while the planning, funding, and infrastructure development is being done. 4 Phase 2 (Phase 1 is the current version of Camp Hope) Description: A more durable version of the current Camp Hope as a low -barrier shelter / managed encampment along with common restroom and kitchen facilities. In addition, a separated row of tiny homes would be added to provide needed housing for families. (see Camp diagram) Need to complete: Approval by City Council Zoning and legal issues addressed Water & Sewer brought to Camp Expanded Electrical capacity Funding — State and local grants, Federal grants and a Capital Funding campaign Phase 3 Long term planning and development of a comprehensive planned community "campground" similar to the Austin community and the vision stated above developed by a broad spectrum of community stakeholders. 8/9/2017 CAMP HOPE BARRACK: TINY HOME.png East Fiirch GUEST STORAGE TRAILER Women DONATION TRAILER Bank or. Porta Potties DAY USE/KITCHEN BUILDING Smoking Area El Care Mgr Clic Womenis Barracks DAY TENT CAMP HOPE PHASE 2 Bank ct Porta Potties Men's Barracks Addition of Permanent Barracks Addition of Day Use / Kitchen Building Addition 0110 Tiny Homes for Families Addition of Education Center Connection to City Water System Viola Ave https://mail.google.com/mail/u/0/#search/mkay5k9%40yahoo.com/15d9a6e1 e6e6cd91 ?projector=1 1 /2 6 S-f-r,tc)fie_ eVe64,. 8 k24'x36' with Restroom Classroom aamAvailaale for Immediate Delivery air InnovativeModular .5.0/zeons eok-Anfr cls-- 4w1 1,d 12-(W<l_s Innovative Modular Solutions www.innovativemodular.com 1 info@innovativemodular.com Proprietary information, not to be used, reproduced, or distributed without written consent. Go _ gle Maps C`-3 C".4 Ad` Robertson Landing t oirc;iil+eid Rd ernationai E Viola Ave Viola AVe Google Imagery ©2017 Google, Map data ©2017 Google United States zuu it 0 " „ g JAKE'S pt.A4 600 PARK Pvtun SANCIRARY & HOSP1TAOTY CENTER MCCOY'S MAMTENANCE 7"", IMALCSNO 41IP P Pe MobileLoaves&Fishes WS. Serving Goodness:' 4,0 FOLLOW US: ©mobileloaves #ServingGoodness www.mlf.org )(4-4119(5, Community First! Village A place to call home. 12 Camp Hope Utilities Temporary Connection Water (Map1) 1 -inch water meter to supply about 50 GPM will be required to serve this site • City to install temporary 1 -inch water meter • City to install water main to site - approximately $10,000 Water infrastructure within Camp Hope required by licensed contractor Wastewater • Approval from Yakima County Health Department for Camp Hope to install and maintain a holding tank(s) to capture wastewater onsite. • Camp Hope to have holding tank(s) pumped out as needed by a licensed septic hauler. • Wastewater to be disposed properly by licensed septic hauler. If disposed at the City's Wastewater Treatment Plant, cost would be $0.4459/gallon. Long -Term Connection Water (Map1) 1 -inch water meter to supply about 50 GPM will be required to serve this site • City to install 1 -inch water meter: $1,670 • Water Connection Charges: $2,685 • Contractor to install water main to site: $10,000 (approx) • Licensed plumber to make water connection TBD • Plumbing permit required TBD • Easement for Camp Hope water side -serve required TBD Costs do not include water infrastructure needed within Camp Hope. Wastewater (Two options) 1. Gravity Sewer (Map2): • Wastewater Connection Charge: $3,969 • Contractor to install sewer main to site: $16,000 (approx) • Licensed plumber to make sewer connection TBD • Plumbing permit required TBD • Easement for Camp Hope side -sewer required TBD • Street Break Permit TBD • Street Repair TBD Costs do not include sewer infrastructure needed within Camp Hope. 13 2. Pressurized Sewer (Map3): • Wastewater Connection Charge: $3,969 • Tank/grinder pump: $20,000 (approx) • Contractor to install force main pipe to site: $8,000 (approx) • Licensed plumber to make sewer connection TBD • Plumbing permit required TBD • Easement for Camp Hope force main required TBD Costs do not include sewer infrastructure needed within Camp Hope. TBD — To be determined 14 Camp Hope Water _ (map i) July 25, 2017 Street Labels 4000 1 Red: Layer_1 1 Green: Layer_2 • r Blue: Layer_3 • Blue: Layer_3 Red: Layer_1 Green: Layer_2 0 0 Sources: Esri, HEI USGS, FAO, NPS, I Camp Hope Sewer — Gravity (Map 2) Camp Hope Sewer — Pressure (Map 3) TO: 17 MEMORANDUM Mayor Kathy Coffey, and Councilmembers Cliff Moore, City Manager FROM: Sara Watkins, Senior Assistant City Attorney DATE: July 25, 2017 SUBJ: Steps and Timeline for Making the Encampment Permanent At your July 18, 2017, City Council meeting you heard from Andy Ferguson of Transform Yakima Together (TYT) about the status of the temporary encampment near the wastewater treatment plant. During his presentation he noted that the camp has had successes during the summer months and he would like to evaluate the possibility of extending the camp through the winter. This memo provides a summary of the necessary steps by both the Council and TYT to facilitate a year-round encampment, as well as an estimated timeline for such a change. 1. Current camp status Camp Hope is currently operating on City -owned land pursuant to a lease agreement which started on or about March 21, 2017 and runs to November 15, 2017 (approximately eight months). At the end of the lease term all residents of the camp must be transitioned off the property and the property returned to its original condition. Under the lease, all improvements made to the site are to be at the expense of TYT and become affixed to the property and owned by the City upon termination of the lease. The camp is allowed under the statutory authority granted to religious organizations to operate temporary encampments. RCW 35.21.915. The statute prohibits cities from enacting or taking action that would impose conditions against the religious organization's use of the property, with the exception of regulations pertaining to public health and safety. That statutory authority, and the temporary nature of the camp, have allowed it to operate at its location without going through a zoning review process or connecting to sewer and water facilities—things that any other campground or development seeking to use that location would be required to do under the municipal code. According to the lease, signed by both parties, the camp is to be temporary and is to operate pursuant to the proposed operations plan submitted at the time of the lease. There is currently electricity to the property. There are no water or sewer services at the property for the residents. 1 18 An extension of the lease through the winter would remove the camp's temporary status under the statute, as the camp would be at that location for over one year (assuming it would also continue on during the summer). Although "temporary" is not defined in the statute, the general definition of the word would likely preclude any encampment for a year or more. Removing the temporary status results in the requirement that TYT follow all rules and requirements that anyone else wishing to open a campground or do any development in the SR zone would have to follow. 2. TYT's required actions to make the encampment permanent through the winter months and possibly into next summer a. Land Use and SEPA To have a permanent camp at the current location a number of steps will need to be taken by TYT. These steps are in addition to the negotiation of a new lease for the property with the City (discussed later in this memo). Campgrounds are defined in the Yakima Municipal Code (YMC) as follows: "Campground" means a development providing facilities for outdoor recreational activities, including structural improvements such as covered cooking areas, group facilities, and travel trailer or tent sites designed for temporary occupancy. This definition includes camping clubs when developed in accordance with applicable state standards. YMC 15.02.020. It is unclear at this point whether the proposed use of the property will fall under this definition, as TYT has not provided the City a plan or site information for a year round encampment. However, it appears that campgrounds are intended to be used as outdoor recreational opportunities, not as temporary or permanent housing for homeless. See below for information about "mission" uses. If the use falls under the definition of "campground," the property is zoned Suburban Residential (SR). Campgrounds are allowed in the SR zone with a Type 3 review. TYT will need to submit an application pursuant to YMC 15.15.030 for a type 3 review on the property. The application must include a detailed site plan. The Planning Division also solicits comments from other departments (such as wastewater, streets, and engineering) and drafts a staff report on the application. Because it is a Type 3 review, according to the municipal code there must be notification to surrounding properties and the Hearing Examiner must hear the request, conduct a public hearing, and make a determination. Once the application is submitted and determined to be complete, it is forwarded to the Hearing Examiner. Notice of the public hearing must be provided to all persons who have requested notice, and all property owners within 300 feet of the exterior boundaries of the site. After the public hearing, the Hearing Examiner will determine if the application should be approved, and what conditions should be required as part of that approval. Such a procedure may take at least 90 days from date of application 2 19 submission to the Hearing Examiner decision on the application. This does not include any time needed to facilitate an appeal. The property also may be considered a "mission" under the YMC, depending on the plans of TYT. A "mission" is defined as: "Mission" means a facility typically owned or operated by a public agency or nonprofit corporation, providing a variety of services for the disadvantaged, typically including but not limited to temporary housing for the homeless, dining facilities, health and counseling activities, whether or not of a spiritual nature, with such services being generally provided to the public at large. Mission uses shall be Class (2) uses within the GC general commercial, CBD central business district, and M-1 light industrial zoning districts as set forth in Table 4-1, YMC 15.04.030, and subject to a Type (3) review as set forth in Chapter 15.15 YMC with a development agreement incorporating applicable development standards and mitigations imposed by the hearing examiner. Effective as of and from August 24, 2015, any modification of an existing mission use shall be subject to the modification procedures and provisions of Chapter 15.17 YMC; provided, that any proposed modification that does not meet the criteria in YMC 15.17.040 for administrative review and approval shall be subject to a Type (3) review with a development agreement incorporating applicable development standards and mitigations imposed by the hearing examiner. YMC 15.02.020. Missions are not allowed in the SR zone. Based on the activities of the current encampment, due to the fact that temporary housing is being provided for the homeless, there are dining facilities and counseling is being done (faith -based counseling included), it is likely that the activities fall more under the term "mission" than "campground." This could change, however, depending on TYT's operation and site plan. The Council recently approved a zoning amendment that would allow the City to process "tiny home" projects under the definition of multi -family residential. This allows such projects in additional zones. However, multi -family developments are not allowed in the SR zone. If the use is neither a campground, a mission nor a multi -family development, then it is an unclassified use, and is required to go through a Hearing Examiner review, as described above. In all cases, the project may need to go through SEPA, depending on the size of any proposed commercial structures, parking spaces and activities proposed on the site. SEPA requires that the applicant submit its application. Upon review, the City makes a determination. Generally, there is a fourteen (14) day appeal period for determinations made by the City. SEPA review is site and fact - specific, so the amount of time for reviewing the application and making a determination could vary depending on the project envisioned by TYT. b. Utilities and Permits The Yakima Municipal Code requires that all developed properties within the City be connected to city services—water and sewer. "All new lots and development shall be served by a sanitary sewer line adjacent to the lot or development site." YMC 12.03.010. Similarly, "All new lots and development shall be served by a public water supply line maintained by the City of Yakima, Nob Hill Water 3 20 Company, or other water purveyor, and located adjacent to the lot or development site. The water line shall be capable of providing sufficient flow and pressure to satisfy the fire flow and domestic service requirements of the proposed lots and development as approved by the city engineer in cooperation with the code administration manager and water irrigation division manager." YMC 12.04.010. The site must be connected to public water and sewer facilities, prior to being allowed to open as a permanent campground, assuming the application is approved. That connection must be approved by the wastewater division, and, due to the location of the current camp, the connection may require obtaining an easement through the Kmart property. The camp cannot connect to the main trunk line going into the wastewater treatment plant. The camp will also need to follow the other development standards set forth in the code that are applicable to the site. Even if the encampment were to close at the end of the winter season (in March 2018), the site would still need to be ready to withstand winter conditions. This includes connection to city sewer and water, creation of a hard surface to support a camp in rain, snow, ice and the resulting mud when the snow and ice thaws, and installation of additional lighting due to winter darkness. The creation of those permanent improvements on City owned property should be carefully evaluated. It is unknown what kind of structures the utilities will be connected to—right now there are no permanent structures on the premises. If TYT intends to build a community building with bathrooms, showers and a kitchen, for example, it will also need to submit building plans, obtain necessary building permits, and pass all the necessary inspections before the City can allow occupancy. This is true for any structures being built on the premises. It is important for the City to know if structures are intended to be built. This property is owned by the City and the City needs to determine if it wants permanent structures being built upon it. Further, the lease will need to clearly state what happens with the permanent structures once the lease is finished. Normally, and as with the current lease, all permanent improvements are paid for by the lessee, but become the property of the lessor at the end of the lease. Improvements that can be removed with no damage to the premises may be removed by the lessee prior to the end of the term. The City Council will need to determine the appropriateness of allowing an entity to build permanent structures and construct permanent infrastructure (such as pipes) on its property (if that is what is proposed by TYT). 3. Council action TYT needs to provide more substantive information about what it intends to do at the property if they want a long-term lease. Specifically, TYT needs to provide its plan for the site, including whether permanent structures are being proposed, 4 21 to what utilities would be connected, and a site and operations plan for a year- round campground at the location. Without this information, at a minimum, it is impossible to formulate a lease agreement for the site. Once the Council understands what TYT intends to do, it will need to negotiate and enter into a new lease with TYT. A new lease for the campground is essential to ensure that each party understands their responsibilities for the site. The lease is a binding legal document and creates a landlord -tenant relationship between the parties. Further, since the campground is on City -owned property, the Council will want to ensure that the City property, and the City, is protected from legal liability. One specific item that should be discussed is the insurance provisions in the lease. The current lease provides for a $2,000,000 liability policy. This is a standard amount for City contracts, however, housing people in tents on City owned property is not a standard activity that the City has allowed. As such, the Council should evaluate whether increases in insurance amounts would be appropriate, taking into consideration the activity on the property. Staff will also need to contact the City's insurance providers to ensure that the increased activities on the property will be covered by the City's current insurance policies. If the insurance providers have concerns, additional insurance provisions may be necessary in the lease. Another item to be discussed is the operations plan and how the City plans to ensure that the operations plan is being enforced. If the Council wants a specific operations plan that will address operations of a campground in winter months, an operations plan should be outlined in the body of the lease. Some additional safety items may also want to be specifically stated in a lease that covers the winter months, such as no open fires or burning, and provisions for snow and ice removal at the campground. 5