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HomeMy WebLinkAbout2023-04-05 - Agendas - FinalD'Andre Jones Council Member Scott Berna Council Member Ordinance Review Committee Meeting Agenda Wednesday 5:00 p.m. on April 5, 2023 City Hall Room 326 1. Quorum Established and Call to Order 2. Approval of March 15, 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.fUetteville-angov CITY OF FAYETTEVILLE ARKANSAS MINUTES Ordinance Review Committee Meeting Wednesday, March 15, 2023 Hybrid — Room 326 and Zoom Note: These minutes are a summary of the proceedings and do not constitute a full record. Video recording of the meeting may be seen in the City's video archives at https://www.fayetteville-ar.gov/3947/Public-Meetings-Agendas- Minutes-and-Vide 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 by Zoom after roll call. 2. The Committee voted unanimously to approve the minutes from the March 1, 2023 meeting. 3. Old Business: The only item of old business on the Committee's agenda was the discussion on Use Unit 2: Campgrounds in the Unified Development Code, including definitions and use conditions. The committee agreed to allow public comment after a brief introduction of the issue. Public comment was limited to two minutes per person. Jonathan Curth provided an update on the items the committee asked staff to look. This included how other cities around the country define campgrounds and ordinances regulating camping that have been adopted. Curth presented two proposals drafted by staff. Staff Proposal 1 (Recommended by staff): Formalize the definition of campground and camping as a land use and activity. Amend the UDC to include use conditions as a conditional use requiring owner consent, responsible party/agent, adequate sanitation (including water and restrooms), setbacks, trash collection, lighting, access, storage, etc. This proposal did not include a maximum number because different campgrounds can be of different scales. All would go through the conditional use process. Staff Proposal 2: Separate from or in addition to Proposal 1. Allow by -right, small scale tent and vehicle camping on property owned by religious organizations and non -profits (up to three families) or on any property city-wide (limited to 1 family). The use conditions would be similar to the Staff Proposal 1 conditions. Additional considerations for the staff proposals: length of stay, public input, impacts on public resources (especially emergency services). Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Jonathan confirmed that New Beginnings is the only campground for unsheltered individuals that has a conditional use permit. Council Member Jones asked Captain Brad Renfro about the statistics for emergency calls at New Beginnings. There were 7 calls for service in 2021; 30 in 2022; 8 to date. There were 77 calls last year at the Tiffany property. Council Member Moore stated that we have recognized that we are in a housing crisis. She recognized the property rights of property owners city-wide and the needs of the unhoused. Council Member Jones visited the Tiffany property last week and had concerns. He said that the issue of the unhoused needs to be addressed but the concerns of neighbors are legitimate and should also be addressed. Council Member Berna acknowledged the housing crisis in NWA but stated that letting people camp in backyards is not the answer. Stated that the overwhelming majority of people would look at the situation at the Tiffany property and say that it is unacceptable. It is a violation of the rules. Council Member Moore said that there is a consensus that rules and standards should be put into place. The question is how the issue of homelessness can be addressed in recognizing property owners' rights. Council Member Berna stated a preference for Proposal 1 Council Member Jones stated that he wanted to hear from Mr. Tiffany about his feelings on Proposal 1. Council Member Berna asked if it would be appropriate to include limitations on camping on city property. City Attorney Kit Williams told the committee that they are here to formulate ordinances and not just approve proposals recommended by staff. He also told the committee that cities on the West Coast are in a very different position because of court rulings that apply only to the 9th Circuit. He urged the committee to consider every detail that would be adopted as part of a recommendation to the City Council. He recommended not getting into the issue of camping on city property. He stated that the International Municipal Lawyers Association is looking for an appropriate case in the 9th Circuit to appeal to the Supreme Court. Council Member Moore stated a preference for defining camping in a way that provides regulations but does not require a conditional use permit. Chair Hertzberg asked if the New Beginnings project or other campgrounds contained conditions that aren't in the staff proposal. Jonathan stated that some projects are going to require different conditions. Chair Hertzberg said that adding strict regulations to the code does not make sense but providing general regulations and having campgrounds go through the conditional use permit process would address any additional conditions. Chair Hertzberg opened the floor to public comment. She stated that the next meeting would be a work session without public comment. Richard Tiffany said he believes it is a misrepresentation to call his situation high crime. He stated that somebody regularly calls to harass an ex and that maybe half of the calls are from one person. He stated that the people staying on his property do not have a door to lock. From 2 2018-2020, 11 arrests. 1 was a tenant, 1 was a resident, and 9 were other visitors. Several were minor things like failure to appear and some disorderly conduct. He states the cemetery is intentionally flooding his property. Janie Lang, chairwoman for the National Cemetery Advisory Council, said her son is buried at the National Cemetery. She has been harassed and others have been harassed. Said it is not camping; it is a homeless encampment. The National Cemetery is not after his land. The federal government does not purchase land for cemeteries and any land must be donated. She stated that there has been trash and it is appalling that the city has let this continue. Martin Michna, a Fayetteville resident who works with Arkansas Veterans Village, spoke. He was at the cemetery on Sunday and heard cursing and yelling from the Tiffany property. He heard somebody ask "Where do I go to the bathroom?" and a lady yelled "Go pee in the Ping yard." Denise Youngblood owns property next to the Tiffany property. She sees crime and trash. They have had motorcycles, bicycles, and scooters stolen. Four people have threated her. Last night a person was screaming that somebody was killing her. She witnessed people beating each other. Says they would be better camping in the woods. People use the bathroom in the yard and if they want to use the indoor bathroom they have to pay to get a key. States that her right to peacefully exist has been harmed. Lauren McCloy asked how many people besides Mr. Tiffany are asking for a change in the ordinance to allow this activity. She says it sounds like an escape from accountability. She took pictures with a drone from her property and heard people threatening to shoot down the drone. She asked if the ordinance changes, what is the accountability and who do they call? She said the situation is negatively impacting not only the neighbors but also the homeless who are staying at the Tiffany property. Mary Tischner has worked with the homeless and volunteers. She said there are not sufficient overnight shelters. There are not enough rehab facilities for drug abuse. She stated Mr. Tiffany does not have church funding or City support and cannot be what is offered at 7hills. She is not aware of the conditions of the property because she has not been there. Kathy Kisida, who visited the property last week, spoke. She said she has never seen so much trash and litter piled up against the fence and in other areas of the property. She said there is no way a homeless person can heal in a place like that. She said one camper told her that to use the bathroom in the house you have to pay a fee. She just wants to see the property cleaned up and wants accountability. She wants the conditional use permit requirement to remain. The house is dilapidated and rundown; no screens, broken windows, people living on the porch, dead cars in the yard. She said the Tiffanys could apply for the conditional use permit and do it the right way. Gladys Tiffany wanted the committee to know that her husband has a deep and caring heart. She said the idea of kicking people off the property is abhorrent. She said the fee for the bathroom is not true. She said many things need to be done to make homelessness work at that property. They need help with trash cleanup. She said anytime it rains, the property floods and people's belongings have to be discarded. As people clean up the mess, the piles of trash get larger. She says they are willing to work with the city on what needs to be done including guidelines that actually work for the situation. Steve Real, retired military police combat veteran, knows 12 people who are buried in the cemetery. The noises, sounds and vulgar language are disgraceful. He is concerned about safety of the tenants, whether the property is up to code, broken windows, access to running water, are the cars licensed/insured? It is a cesspool fostering violence, drug use, and prostitution. He said he met the Secretary of Veterans Affairs who saw the conditions of the Tiffany property. Hayden will be moving to the property next door soon. She is afraid to go there and says she cannot bring friends there because people at the Tiffany property are doing illegal things and cussing. She said there is violence there. Billy works with low and middle income people facing homelessness. He asked if social workers have been out to the property to provide resources to break the cycle of homelessness, abuse and drug issues. Anton McBride works at the cemetery, but stated he was not speaking officially for the cemetery. He addressed the flooding issue. He said that properties flood the cemetery and stormwater drainage is not intentionally sent to the Tiffany property. They have had interruptions in cemetery activities and services because of disruptions from the Tiffany property. He stated that it does affect the cemetery. Council Member Jones said he has gone to the property and spoken with Mr. Tiffany and residents numerous times. He said that nobody had an issue with homeless people being on the property. He heard that there need to be more services provided there. He said he believes the conversation is around establishing conditions. He said the City Council has a responsibility to ensure there are conditions to protect everyone. He wants to ensure Mr. Tiffany can utilize the services available from the city. Council Member Berna pointed to pictures provided by Mr. Tiffany that show stormwater draining into the cemetery not out of the cemetery. He said that the public comment reinforced his belief that the conditional use permit is absolutely necessary. It adds a layer of protection and definition that is a must. Chair Hertzberg asked Jonathan Curth about Proposal 1. She asked if it would it be a hassle to get written authorization? Jonathan stated that written consent by the owner or agent is required for the conditional use permit. She asked if there were other cities with setback or spacing requirements. Jonathan responded in the affirmative and said that it is common to have setbacks along property lines for safety purposes. City Attorney Kit Williams announced that Mr. Tiffany has refused to apply for a conditional use permit so the City Prosecutor has filed a case against him for refusal to comply with city ordinances. Marianne Hill brought up concerns about the Tiffany property and stated that the cemetery property should be sacred. Shannon Warren lives off of Double Springs Road and says a campground like that would not be allowed in her neighborhood. She said she believes Mr. Tiffany should be responsible for taking care of his property and not the City. She asked why the City is letting this happen to veterans and their families. She said if there are veterans on the property they should reach out to her organization, Arkansas Veterans Village, for help. The committee discussed the definition of storage. Council Member Berna stated that Proposal 1 is a good starting point and that some conditions may need to be added to it. 4 The committee discussed the definition of campground and camping. Council Member Moore stated that she preferred Denver's definition of "camp" and stated that Denver has put city resources toward the unsheltered. She is concerned about whether the definition would require somebody's child camping in their backyard to get a CUP. The committee then discussed potential conditions. Jonathan Curth read some of the conditions associated with the New Beginnings project. New Beginning also operates under a governance document that was incorporated into the conditions. Chair Hertzberg asked if the committee wanted to discuss Proposal 2. Council Member Moore is still a proponent of allowing some camping by right. Council Member Berna says he wants to keep the CUP process in place. Chair Hertzberg said she did not feel comfortable with the part of the proposal to allow up to three per parking lot/parcel for nonprofits and religious organizations but liked the second part of the proposal to allow one family to camp on residentially zoned property by right. Council Member Moore advocated for setting parameters to allow people to stay certain places by right. Chair Hertzberg said if the City allows a single family on residentially zoned property the definitions and conditions need to be tightened up. Council Member Berna believes removing the conditional use permit requirement is a mistake. Council Member Jones stated that he also believes we should keep the conditional use permit. The committee discussed the next steps. The committee asked the City Attorney's office and planners to work on Proposal 1. Chair Hertzberg asked if the definition of family for Proposal 2 could be tightened up. Jonathan Curth summarized that the committee wants to revisit the definition of campground, with an eye to the Medford, Oregon and Denver ordinances; possible language as to limited camping by right with an eye to property owner's rights; and adding conditions about flood ing/floodplain and an evaluation on standards of duration. 4. New Business: None 5. The committee agreed to meet again April 5 at 5:00 pm. Chair Hertzberg announced that public comment will not be allowed as this will be a committee working session. 6. There being no new business for the committee to consider, Chair Hertzberg adjourned the meeting around 7:20 pm. DEPARTMENTAL OFFICE OF THE CITY ATTORNEY TO: Ordinance Review Committee CC: Jonathan Curth, Development Services Director FROM: Blake Pennington, Assistant City Attorney DATE: April 5, 2023 RE: Proposed UDC Amendments for Camping and Campgrounds Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal I have worked with Jonathan Curth to finalize the proposed draft language included in your agenda packet. Based on the request of the committee at the end of the last meeting, the draft covers three major topics: 1. Definitions of campground and camping, which would exempt from regulation napping, picnicking, and an owner or tenant camping in their own backyard. 2. Conditions for campgrounds to operate only upon approval of a conditional use permit. a. Seven required minimum conditions are proposed. These are focused on property owner responsibility, health and safety, and protection of neighbors through setbacks. b. Seven non -required but recommended factors for Planning Commission (or City Council, on appeal) to consider are also proposed. These include limits on duration of the permit or duration of stays; conditions specific to the property under consideration, additional separation and screening, occupancy, campfires, noise, and storage provisions which will likely vary from property to property. 3. We have also included some draft language under Proposal 2 for limited temporary camping by right that could allow one family (as defined in the UDC) to camp on a residential property without going through the conditional use permit process. The attached draft would allow either a tent in the back yard or a vehicle in the driveway of a property containing a permanent residential dwelling. Like Proposal 1, this proposal includes requirements focusing on property owner responsibility, health and safety, and the protection of neighbors. If the Committee decides to move forward with this, I would recommend more discussion on the types of camping that would be allowed in (A) and the length of stay provision found at (B)(7)• The Committee has two options: I. You can decide not to take any action and staff will continue administering the campground regulations as they have for several years. 2. You can forward proposed regulations to the full City Council with a recommendation of approval. This can include some or all of the regulations in your agenda packet and you can also make amendments to the draft before making your recommendation. Any recommendation to the full City Council will require a simple majority to pass. CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 5, 2023 CITY COUNCIL MEMO TO: Fayetteville City Council Ordinance Review Committee FROM: Jonathan Curth, Development Services Director DATE: April 4, 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: Following two meetings on the topic, City Council's Ordinance Review Committee is discussing campground definitions, appropriate use conditions for campgrounds, and allowances for camping of varying scale. The topic was initiated by a resident, petitioning consideration for an ordinance change to allow campgrounds citywide if not operated as a business where goods or services are exchanged for money, including donations (attached). At the Committee's request, staff reviewed other municipalities' approaches to camping and campgrounds. The product of this includes a framework to formalize and adopt a campground definition and appropriate conditions under which an applicant can request a conditional use permit. Additionally, proposed language was drafted for a temporary camping and parking program to allow small-scale, by -right camping. DISCUSSION: Regarding formalization the definition of a campground, Committee Members requested a draft ordinance that included elements proposed on March 15th with additions or revisions from the Committee. Committee comments included: • Preference for a simpler, more clear-cut definition or definitions. • Exemption for property owners using their own property for camping. • Additional language regarding appropriate campground locations. Accordingly, staff refined the proposal as follows: Title XV, Unified Development Code Chapter 151, Definitions Campground: Private or public property for camping purposes. Camping: To reside or dwell temporarily in a place, with shelter, including one or more of the specified activities: A. Erecting any tent, tarpaulin, shelter, or other structure or temporary structure that would permit one to sleep overnight; Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 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, picnicking, or personal use by the owner or tenant of a permanent residential dwelling. Chapter 163. Use Conditions §163.XX Campgrounds A. Campgrounds may be permitted citywide as a conditional use subject to the following minimum conditions: 1. Consent. The owner of the property shall provide written consent. 2. Contact. The owner of the property shall ensure current contact information is provided to the City for the owner or a responsible party. 3. Owner or agent accessibility. The property owner shall ensure that they or a designated agent are available at all times the property is being used for camping, including nights and weekends, in order to facilitate compliance with this section. For the purposes of these regulations, "availability" means that the owner or agent is accessible by telephone, and, able to be physically present at the short-term rental within one hour of being contacted. 4. Sanitation. Provisions shall be made to ensure any person camping on the property has access to sanitary facilities, including restroom and potable water. 5. Waste. The owner of the property shall ensure the provision of adequate garbage services such that no accumulation of solid waste occurs. 6. Setbacks. The owner shall ensure that any facilities, tents, or vehicles used for camping comply with the setback requirements of the applicable zoning district. 7. Access by the City. The City shall be authorized to enter the property to ensure compliance with the City's ordinances and any conditions of approval. B. In addition to the factors set forth in § 163.02(C)(3), campgrounds are further subject to approval, denial, or additional conditions based on the Planning Commission's findings on the following factors: 1. Duration. Where appropriate, conditions may be applied limiting the duration of the conditional use permit or the duration of stay by campground users; 2. Natural Hazards. Potential natural hazards, including flooding and slopes, shall be considered in siting of camping areas and may be a factor for denial of a conditional use permit; 3. Separation and Screening. The Planning Commission may require greater separation from adjacent properties than the minimum setbacks applicable to the zoning district. The Planning Commission may also require screening. 4. Occupancy Limits. The Planning Commission should consider limits on the number of occupants on the property with consideration for factors including, but not limited to, the acreage of the property, the proximity of adjacent structures, and the capacity of utilities available on site. 5. Campfires. Where appropriate, conditions may be applied limiting campfires or other open burning, with review and approval by the Fire Marshal. 6. Noise. The Planning Commission may apply conditions limiting noise emissions from the campground. 7. Storage. Where appropriate, conditions may be applied to ensure that any person camping on the property has access to securable storage for personal items. The second proposal, for a citywide, by -right temporary camping and parking program, received a more reserved response from the Committee, particularly regarding an allowance for up to three vehicles or tents to be placed on properties owned by religious institutions and nonprofit organizations. Concerns were expressed about additional issues, like fencing and screening, the length of a stay, and what constitutes a family or its size. Comment was also made about the potential for a property owner with multiple parcels, whether contiguous or disparate, to allow temporary camping on each parcel, even if they are developed as a whole. While the Committee appeared divided in their opinion on the appropriateness of a temporary camping and parking program, a draft ordinance is attached for consideration. Title XV, Unified Development Code Chapter 164.XX, Proposed Temporary Camping and Parking Program A. Up to one family, as defined in § 151.01, may use residentially -zoned property developed with an occupied dwelling, with further authorization from the property owner and any tenants of the property, for camping by either: 1. Using a tent to camp in the back yard of the residence; or 2. 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. B. A property owner or tenant of a permanent residential dwelling that authorizes any family or person to camp on a property shall ensure: 1. Consent of the owner of the property; 2. Occupation of the property by its owner and registration with the City of contact information of the party responsible for activity on the property; 3. Provision of sanitary facilities, including access to restroom and potable water; 4. Provision of garbage services such that no accumulation of solid waste occurs; 5. Provision of storage for campers to store personal items such that items are not visible from a public street. Owners remain responsible for maintaining their property so that it does not create an unsightly or unsanitary condition as defined in §95.01; 6. Tents, shelters, or other camping shelters shall be more than five feet from any property line; 7. Length of stay shall not exceed 30 days; and 8. 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 campground. Attachments: • Resident Proposal (Received via Councilmember Hertzberg) Unit 2. City -Wide Uses by Conditional Use Permit. (1) Description. Unit 2 consists of uses which may be conducted anywhere in the territorial jurisdiction, but which can be objectionable to nearby uses and are therefore permitted subject to conditional use permits in all districts. Unit 2 City Wide Uses by Conditional Use Permit (2) Included Uses, applies only to business use, with a business being where goods or services are provided in exchange for money, either as an amount charged or by request for donations. (2) Included Uses. EXPAND Public and private facilities: I • Airport, flying fields and heliport • Bed and breakfast facilities* • Campground • Community Recycling Drop-off Facility 4 • Landscape contracting business • Plant nursery • RV sewage disposal facility • Solid waste disposal facility • Water recreation area Temporary facilities: I • Carnival, circus, and tent revival* • Commercial facilities • Real estate sales office (located at a specific location in an underdeveloped subdivision and operated for the purpose of developing said subdivision) • School and church facility