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HomeMy WebLinkAbout2023-03-15 - Agendas - FinalD'Andre Jones Council Member Scott Berna Council Member Ordinance Review Committee Meeting Agenda Wednesday 5:00 p.m. on March 15, 2023 City Hall Room 326 1. Quorum Established and Call to Order 2. Approval of March 1, 2023 Meeting Minutes (attached) 3. Old Business Sarah Moore Council Member Holly Hertzberg Council Member • Discussion of Use Unit 2, Campgrounds definitions and use conditions. 4. Any new business 5. Adjournment 113 W. Mountain Fayetteville AR 72701 (479) 575-8313 www.fayetteville-ar.gov CITY OF FAYETTEVILLE ARKANSAS MINUTES Ordinance Review Committee Meeting Wednesday, March 1, 2023 Hybrid — Room 326 and Zoom 1. The Ordinance Review Committee met in person in City Hall Room 326. Council Members Berna, Hertzberg and Moore were present in person. Council Member Jones joined the meeting after roll call. Council Member Turk was present to participate in the discussion. After a quorum was established, the Committee nominated and unanimously elected Council Member Hertzberg as the Chair for 2023. 2. The Committee voted unanimously to approve the minutes from the November 16, 2022 meeting. 3. The only item of old business on the Committee's agenda was the City's short term rental (STR) regulations. Chair Hertzberg suggested holding off on discussing this until we know how the State legislature is going to deal with the issue. Chair Hertzberg opened the floor for public comment. Charles Watson, 11 E. Davidson St., has an STR on Buchanan. He discussed an issue with light trespass from a neighbor's STR and said the Code Compliance Division said Chapter 176 does not apply to STRs that are in single family or two-family units. Thomas Brown, 333 N. Gregg, said he is interested in the attainable housing goal of the city and that STRs have an impact on that. Richard Tiffany said that STRs have an impact on the homeless population by taking long term housing out of the market and raising rent. After public comment closed, the Committee took no further action. 4. New Business: Chair Hertzberg opened a discussion on Use Unit 2: Campgrounds in the Unified Development Code, including definitions and use conditions, which was an issue brought to her by Richard Tiffany. Chair Hertzberg recognized Development Services Director Jonathan Curth who gave a presentation on the issues related to property owned by Richard and Gladys Tiffany on Lt. Col. Leroy Pond Drive. Curth sent a memo dated February 27, 2023, to the Committee, which is attached to the agenda for this meeting. He also provided a summary of comments from the February 23, 2023 Long Range Planning Committee meeting. Chair Hertzberg then recognized Richard Tiffany to speak for 10 minutes. Mr. Tiffany commented that the property is zoned RMF-24 so he could tear down the house and construct 6 apartments in its place. He says the problem is that there are people who don't want homeless Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 people in their neighborhood. Says all of the complaints, apart from the fire issue, were from visitors to the cemetery. Another neighbor had filed complaints which were resolved with Code Compliance. Now that neighbor calls Mr. Tiffany directly. He says there are women who have been at the property for more than a year because it is the safest place in town for them. Being able to provide that kind of service for the homeless community is something the City Council should work on. Said if others opened their homes, he might only have one or two campers like in the 9 years before COVID. Believes the intent of the use unit regulation is to regulate businesses, not something like his operation. Council Member Jones asked if a representative of the police department was available to discuss emergency service calls to the property. Captain Brad Renfro spoke about the calls to emergency services. He presented statistics from January 1, 2013 through February 8, 2023 showing there were 325 police calls, 148 fire calls. 473 calls total. 20% were officer initiated. In 2021, 27 disturbances, 9 in 2022, and 5 so far in 2023. There was a stabbing incident in July 2022. At the duplex to the north over the same period, there were 48 calls for police services and 2 for fire. Captain Renfro said the last call for service was a harassment call on February 24, 2023. Mr. Tiffany said that a lot of the calls were related to an ex -boyfriend of one of the residents who called multiple times. Council Member Berna applauded Mr. Tiffany for his willingness to help. Said his concern as a funeral director is they worry what is going to happen at the National Cemetery when they have funeral services there or when people are coming to pay their respects to their loved ones' grave sites. Finds it difficult to see how amending the ordinance in the way Mr. Tiffany proposes will fix the larger issues. Believes changing the definition is not something that is advisable. Council Member Jones asked Mr. Tiffany if we decided not to change the definition what would be the impact on the individuals camping at his house. Mr. Tiffany says they will have to find somewhere else to go. He says many of them would move to the sidewalk in front of the Planning office. At that point he said it would be the City's responsibility to clean up the trash, etc. Council Member Jones asked about the size of the property and how many people are there. Mr. Tiffany said it started with one person who moved into the front apartment, and that person asked to let a homeless person sleep on the front porch. For 8 or 9 years there was usually somebody on the front porch. For most of the last year and a half it has been in the range of 10- 12 people. He said the cemetery has been a poor neighbor because their mowers would blow pieces of plastic flowers into his property. There are shots fired and loud music from funeral ceremonies. Acknowledged that there has been some loud music from the property. The cemetery recontoured its property which has pushed water into his property. Said they care about dead veterans but not live ones. Council Member Jones asked Mr. Tiffany how often he goes to the property to monitor. Mr. Tiffany said a minimum of 2 days a week but sometimes 5 or 6 times a week. Most of the time the person living in the front apartment takes care of the issues. He said he has only had to call the police one time to report a woman who was claiming to be the property manager. Council Member Turk said there is a larger issue — on the Town Branch loop she counted 37 tents and 2 were directly on the trail. Parks staff were taking care of those folks. She wants the Committee and the City Council to think about it in the larger context. 2 Council Member Berna asked Jonathan about the effect of making the change proposed by Mr. Tiffany. Jonathan said based on the number of calls for services at Mr. Tiffany's property, which is well managed, that the numbers of calls could be exponentially more at other properties that are not well managed. He says there are other potential unintended consequences for the other uses listed within Use Unit 2. Mr. Tiffany said Occupy Wall Street came to the City and camped at the Town Center for months. Council Member Moore said that we are in a housing crisis. Where is an appropriate place for these individuals to go? The City Council has discussed how to solve the affordable housing crisis. Agreed with Richard that he should not have to seek a conditional use permit and that it is a property owner's rights issue. There should be some reasonable regulations. Our shelters do not have adequate housing for these individuals and non-profit organizations are not able to help them all. Chair Hertzberg acknowledged that Mr. Tiffany is trying to help the community. She was concerned about the numbers of calls for emergency services. Wants to balance the rights of homeless individuals and the rights of neighbors and those at the cemetery. Council Member Jones said he has been receiving calls from neighbors and other individuals with concerns and wants to strike a balance between providing a safe place for homeless individuals and making sure neighbors are not exposed to unsafe situations. Council Member Berna talked about a call he received from the father of a UA student who lives next to the trail. A homeless encampment is nearby. This week there were four attempts by homeless individuals to enter her apartment, one who had his pants down. Said that we have to acknowledge there's a balance. At what point do we say we look out for the law-abiding citizens? There have to be some parameters that we operate under. Mr. Tiffany said that his proposal is to just go back to the policy before October. Jonathan Curth said there is no definition of campground. New Beginnings was required to obtain a CUP as a campground and there was no change in October. Mr. Tiffany's Chair Hertzberg opened the floor for public comment. Gladys Tiffany spoke about the need for a master plan to deal with homelessness. The problem is so big it's difficult for cities to deal with it. She mentioned a homeless community outside of Austin that started as a community of 300 tiny homes and RVs to 500. Little Rock is thinking about setting up a village based on the Austin model. Council Member Moore said the Austin model is called Community First Village and will pass along more information as she receives it. Jimm Garlock, a member of the Planning Commission, said this is also a mental health and job issue. We need to provide a long term, holistic approach including health care. Is against the conditional use permit and said that could lead to unintended consequences across the city. Thomas Brown said that when the City jumps into the discussion on the attainable housing goal, workforce and low-income housing as well as homelessness should be discussed. Goals and a strategy should be discussed. Kathy Kisida lives down the street from the Tiffany property. She said if she had known about the meeting more neighbors would have shown up. Her concern is the crime on the Tiffany property. She drives by the property and sees exchanges of items at the house. She has heard that the neighbor next door has been unable to rent her duplex because of the conditions. She has seen yelling at the apartment residents, racism, bigotry. There are dead cars and dirty conditions. There's a constant smell of sewage from the property. Chair Hertzberg brought it back to the Committee for discussion. Council Member Berna has dealt with a family member dealing with mental health issues. Recognizes there a lot of mental health issues in the homeless community. Until the federal government incentivizes the health care industry to address mental health it won't be addressed because of lack of funding. If a change is made to the definition, it shouldn't be opened up too much. Council Member Jones said we have to strike a balance. Have to take into consideration what the neighbors are saying and their safety. Doesn't want a situation in which somebody gets hurt. Something needs to be in place to ensure safety for everyone. Council Member Moore thought additional feedback from the Planning Commission. Chair Hertzberg asked if the Committee wants to send something to the full City Council recommending looking at a change to the campground definition. Council Member Jones moved to forward a recommendation to the City Council to make changes to the definition of campground. Council Member Moore thought it was premature to send it to the full City Council and said that the committee should make more specific recommendations. Chair Hertzberg suggested recommending either changing the definition or continuing to require the conditional use permit. Chair Hertzberg suggested considering other options besides changing the definition or requiring the conditional use permit before the next Ordinance Review Committee meeting. Jonathan Curth said staff can provide a memo with several possible definitions that have been adopted by other municipalities, some potential conditions, and also the potential ramifications of going either direction. 5. The Committee did not take action on this item but agreed to meet again on March 15 at 5:00 pm to continue the discussion. 6. There being no new business for the committee to consider, Chair Hertzberg adjourned the meeting around 6:40 pm. 4 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 15, 2023 CITY COUNCIL MEMO TO: Fayetteville City Council Ordinance Review Committee FROM: Jonathan Curth, Development Services Director Britin Bostick, Long -Range Planning & Special Projects Manager DATE: March 13, 2023 SUBJECT: Consideration of UDC 162.01(B) Use Unit 2 — City-wide Uses by Conditional Use Permit and Providing for a Definition of "Campground" in the UDC. BACKGROUND: At their March 1, 2023 meeting, the City Council's Ordinance Review Committee heard from City staff, a resident petitioner, and members of the public regarding campgrounds. With the origin of the discussion being a City -issued violation letter to Richard and Gladys Tiffany for use of their rental property as an unsanctioned campground, Mr. Tiffany proposed to amend ordinance to allow campgrounds without a conditional use permit where there is no exchange of money or services. In response, the Committee discussed concern for housing citywide, the volume of emergency calls that Police Department Captain Renfro summarized for the Tiffany property (approx. 480 over ten years), a need for baseline safety and hygiene standards, and the importance of considering nearby residents and property owners. Additionally, while acknowledging that one property served as the source of the discussion and proposal, committee members acknowledged that the topic at -hand is not understood to resolve homelessness, but instead represent the potential to sanction non-commercial campgrounds citywide. In concluding the discussion, committee members requested staff investigate other municipalities or peer cities for potential definitions of "camp", "camping", or "campground". DISCUSSION: As several committee members noted at their March 1st meeting, municipalities nationwide are experiencing increased numbers of unhoused community members. In reviewing municipalities of similar population (-100,000) and similar character (college town), along with municipalities in differing jurisdictional geographies but with more recent case law examples regarding camping, staff identified numerous definitions (see attached). Municipalities generally fall into two categories: those that address camping from a recreational standpoint and those that have drafted ordinances with clear distinction between those camping by choice and those out of need. Among the municipalities that consider camping broadly, it is often written in sections of code addressing criminal activity, apparently as an expedient to address asserted nuisance. In considering and evaluating best practices and the standards adopted by other municipalities, staff has drafted two proposals. The first establishes a Unified Development Code (UDC) definition of "camping" and "campground" as an activity and land use respectively. To supplement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 this, staff further proposes use conditions that will form the basis for evaluating a proposal for a campground. Combined, these definitions and use conditions will then be applied in response to a conditional use permit application for a campground under Use Unit 2, Citywide Uses by Conditional Use Permit. Additionally, this proposal will formalize the current interpretation under which staff is operating (attached). Proposed Definition(s) Campground: The use of private or public property for camping purposes. Camping: To pitch, erect, create, use, or occupy camp facilities for habitation, as evidenced by the use of camp paraphernalia, including but not limited to the following: A. Erecting any tent, tarpaulin, shelter, or other structure or temporary structure that would permit one to sleep overnight; B. Using a vehicle for the purpose of sleeping, including but not limited to all types of recreational vehicles. Camping shall not include incidental napping or picnicking. Proposed Use Conditions Camping shall not be permitted on private property where it is conducted in such a manner as to create inadequate sanitation or a public or private nuisance. The following general requirements shall apply to campgrounds: A. Consent of the owner of the property; B. Either occupation of the property by its owner or registration with the City of contact information of a responsible party that can respond within one hour for activity on the property; C. Provision of sanitary facilities, including restroom and potable water; D. Provision of garbage services such that no accumulation of solid waste occurs; E. Provision of storage for campers to store personal items such that items are not visible from a public street; and F. Tents, shelters, or other camping shelters shall be more than five feet from any property line. The second proposal assumes the intent to establish by -right camping citywide or in certain locations and to certain scales. A temporary camping program of this nature is intended to allow campers to locate near institutional services and on dispersed properties. Similar to staff's first proposal, defining both "camping" and a "campground" is necessary to ensure consistent application of ordinance and for the public's clarity. It is possible that both proposals could exist in tandem, with small-scale camping permitted by -right and conditional use permit approval necessary when the number of campers is larger. Proposed Temporary Camping and Parking Program With written authorization of the private property owner of a property, up to three total motor vehicles or tents, in any combination, may be used for camping in any parcel or parking lot on real property developed and owned by a religious institution, place of worship, or nonprofit organization, regardless of the zoning designation of the property. Up to one family may use residentially -zoned property developed with an occupied dwelling, with further authorization from the property owner and tenants of the property, for camping by either: A. Using a tent to camp in the back yard of the residence; or B. Using a single motor vehicle parked in the driveway of the dwelling, subject to §172.11, Driveway and Parking Standards for Four (4) Parking Spaces or Less. A property owner or organization that authorizes any person to camp on a property shall ensure: A. Consent of the owner of the property; B. Either occupation of the property by its owner or registration with the City of contact information of a responsible party for activity on the property; C. Provision of sanitary facilities, including restroom and potable water; D. Provision of garbage services such that no accumulation of solid waste occurs; E. Provision of storage for campers to store personal items such that items are not visible from a public street; F. Tents, shelters, or other camping shelters shall be more than five feet from any property line; G. Not require or accept payment of any monetary charge nor performance of any valuable services in exchange for providing authorization to camp on the property, provided that nothing in this section will prohibit the property owner from requiring campers to perform services necessary to maintain safe, sanitary, and habitable conditions at the campsite. In closing, it is staff's current position that it serves the overall public interest to maintain some level of review for campgrounds of both recreational and non -recreational purposes. Without assurance of responsibility, hygiene, and safety, camping for any purpose can pose a hazard and nuisance to property owners, campers, and neighbors. Attachments: Researched Camping/Campground Definitions Current Use Unit 2 Interpretation - Campground Camping/Campground Definitions Formal/Recreational : • Campground: Temporary or permanent buildings, tents, or other structures established or maintained as a temporary living quarter, operated continuously for a period of five days or more for recreation, religious, education, or vacation purposes. (Cascade Charter Township, MI.) • Any area that is occupied or intended or designed or improved for occupancy by transients using recreational vehicles, motor homes, or mobile trailers for dwelling, lodging, or sleeping purposes and is held out as such to the public. Campsite does not include any manufactured housing community. (Imperial Beach, CA) • A lot in single ownership that has been developed or is intended to be developed for occupancy by tents and all types of recreational vehicles, including tent trailers, for transient dwelling purposes. (Loveland, CO) • An area to be used for transient occupancy by camping in tents, camp trailers, travel trailers, motor homes, or similar movable or temporary sleeping quarters of any kind. (Bayfield County, WI) • Campground means any parcel or tract of land owned by a person, state or a local government, which is designed, maintained, intended or used for the purpose of providing sites for non -permanent overnight use by 4 or more camping units, or by one to 3 camping units if the parcel or tract of 26 land is represented as a campground. (Menomonie, WI) • Any parcel or tract of land under the control of any person, organization, or governmental entity ... wherein sites are offered for the use of the public or members of any organization for the establishment of temporary living sites for two or more recreational vehicles or camping units. (Indian Trail, NC) General: • Campground means an area on which accommodations for temporary occupancy, such as tents or recreational vehicles, are located or may be placed for less than one month, and which is primarily used for recreational purposes and retains an open air or natural character. (Boulder, CO) • "Camp" means to reside or dwell temporarily in a place, with shelter. (Denver, CO) • "Campsite" means any place where any bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed, established or maintained for the purpose of maintaining a temporary place to live, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof. (Eugene, OR) • "Campsite" means any place where any bedding, sleeping bag, or other sleeping matter, or any stove or fire is placed, established, or maintained, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof. (Portland, OR) • "Camping" means the use of any public or private property for living accommodation purposes including but not limited to any of the following: 1. Erecting any tent, tarpaulin, shelter, or other structure that would permit one to sleep overnight; 2. Using a recreational vehicle for the purposes of sleeping. (Burlington, WA) • "Campsite" means any place where any stove or fire is placed, established or maintained for the purpose of maintaining a temporary place to live, or where the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof is placed, established or maintained for the purpose of maintaining a temporary place to live. (Medford, OR) • "Campground" means an area within a public park designated for camping purposes. • "Camping" means the use of public park for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings, or making any fire, or using any tents or shelter or other structure or vehicle for sleeping or doing any digging or earth breaking or carrying on cooking activities. The above listed activities constitute camping when it reasonably appears, in light of the circumstances, that the participants, in conducting these activities, are in fact using the area as a living accommodation regardless of the intent of the participants. (Honolulu, HI) • "Camp" or "Camping" means to pitch, create, erect, use, or occupy camp facilities, or to use camp paraphernalia or both for the purposes of habitation, or in such a way as will permit remaining overnight, or parking a trailer, camper, or other vehicle for the purpose of remaining overnight. (Snohomish, WA) • "Encampment" means one or more tent, structure, or assembly of camping equipment or personal property located in an identifiable area, which appears to a reasonable person to be being used for camping. An identifiable area includes areas where the tents or structures are in plain sight of each other. (Seattle, WA) • "Camp" or "camping" means to pitch, create, use, or occupy camp facilities for the purposes of habitation, living accommodation, or dwelling, as evidenced by the storage of personal belongings in "camp facilities" or the use of "camp paraphernalia." • "Camp facilities" include, but are not limited to, tents, tarps configured for shelter, huts, and temporary shelters. • "Camp facilities" does not include shelters when used temporarily in a park for recreation or play, consistent with [local ordinance reference], during hours when the park is open to the public. • "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or non -city -designated cooking facilities and similar equipment. (Auburn, AL) • "Camping" shall mean the use of land to conduct one or more specified activities when, based upon such use, it reasonably appears in light of all the circumstances that the participants, in conducting the specified activities, are using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities in which they may be engaging. Camping shall not include residing in a permanent structure that may be lawfully occupied as a permanent or temporary residence. "Specified activities" shall include: (a) sleeping or making preparations to sleep such as laying down bedding. (b) storing personal belongings including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar materials. (c) making any fire for the purposes of warmth, or of cooking. (d) erecting a tent, lean-to or other similar temporary structure. (Lawrence, KS) • Camp or camping means sleeping, making preparation to sleep (including the laying down of bedding for the purpose of sleeping), and associated activities, including the storing of personal belongings, making any fire, remaining at or near any tent or other shelter, doing any digging or earth breaking or carrying on of cooking or other activities supportive of camping or living accommodation purposes. (Asheville, NC) • Camping shall mean to sleep or spend the night or reside or dwell temporarily in a natural area, with or without bedding or other camping gear, and with or without shelter, or to conduct activities of daily living, such as eating or sleeping, in such place. Camping shall not include incidental napping or picnicking. (Fort Collins, CO) Aft CITY OF FAYETTEVILLE ARKANSAS TO: Whom It May Concern City Planning Division File FROM: Jessie Masters, Development Review Manager DATE: October 7, 2022 STAFF MEMO SUBJECT: Use Unit 2 — City-wide uses by conditional use permit (Campground) BACKGROUND: In recent months there have been complaints within a residentially -zoned neighborhood that people have been sleeping in tents overnight and living on a piece of property for an extended period of time. The City of Fayetteville does not currently have a codified definition of campground, though allows them as a conditional use everywhere under Use Unit 2. DETERMINATION: Campgrounds are listed in the Unified Development Code under 162.01(B)(2) as Use Unit 2, City - Wide Uses by Conditional Use Permit. Merriam Webster defines a campground as the following: Campground (n): the area or place (such as a field or grove) used for a camp, for camping, or for a camp meeting. Further, Merriam Webster defines "camp" as the following: Camp (n): a place usually away from urban areas where tents or simple buildings (such as cabins) are erected for shelter or for temporary residence (as for laborers, prisoners, or vacationers) Relying upon a dictionary definition of campground in the absence of an alternative, staff interprets from a land -use perspective that if a use becomes traffic -generating for the purpose of occupying the property for the erection of tents or other temporary shelters, separate from or additional to the use of another principal use, the property would be subject to the conditional use permit process. For future reference, other municipalities do specifically define "campground." These references can prove to be beneficial for research purposes when Fayetteville seeks to codify a more specific definition. • Campground: Temporary or permanent buildings, tents, or other structures established or maintained as a temporary living quarter, operated continuously for a period of five days or more for recreation, religious, education, or vacation purposes. (Cascade Charter Township, Mich.) • Campground: Any area that is occupied or intended or designed or improved for occupancy by transients using recreational vehicles, motor homes, or mobile trailers, for dwelling, lodging, or sleeping purposes, and is held out as such to the public. Campsite does not include any Mailing Address: CITY PLANNING 113 W. Mountain Street www.fayetteville-ar.gav Fayetteville, AR 72701 manufactured housing community. (Imperial Beach, Calif.) • Campground: A lot in single ownership that has been developed or is intended to be developed for occupancy by tents and all types of recreational vehicles, including tent trailers, for transient dwelling purposes. (Loveland, Colo.) • Campground: An area to be used for transient occupancy by camping in tents, camp trailers, travel trailers, motor homes, or similar movable or temporary sleeping quarters of any kind. (Bayfield County, Wisc.) • Campground: Any parcel or tract of land under the control of any person, organization, or governmental entity ... wherein sites are offered for the use of the public or members of any organization for the establishment of temporary living sites for two or more recreational vehicles or camping units. (Indian Trail, N.C.) Smimps- Davidson, Michael, and Fay Dolnick. A Planners Dictionary. American Planning Association, 2004. Merriam -Webster. (n.d.). Campground. In Merriam-Webster.com dictionary. Retrieved September 30, 2022, from https://www.merriam-webster.com/dictionary/campground Merriam -Webster. (n.d.). Camp. In Merriam-Webster.com dictionary. Retrieved September 30, 2022, from https://www.merriam-webster.com/dictionary/camp