HomeMy WebLinkAboutItem 06 Temporary Emergency Shelter{00013480:1}
AGENDA ITEM SUMMARY Meeting Date: 10/19/2020
Meeting Type: Regular Meeting
Staff Contact/Dept.: Sandy Belson, DPW
Staff Phone No: 541-736-7135
Estimated Time: Consent Calendar
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Promote and Enhance
our Hometown Feel
while Focusing on
Livability and
Environmental Quality
ITEM TITLE: ALLOWING TEMPORARY EMERGENCY SHELTER IN COMMERCIAL
BUILDINGS
ACTION
REQUESTED:
Hold second reading on whether to adopt/not adopt the following ordinance:
AN ORDINANCE AMENDING SECTIONS 8.000 THROUGH 8.016 OF THE
SPRINGFIELD MUNICIPAL CODE TO EXPAND TEMPORARY
EMERGENCY SHELTERS FOR THE HOMELESS TO INCLUDE
COMMERCIAL BUILDINGS AND ADOPTING A SEVERABILITY CLAUSE
ISSUE
STATEMENT:
To allow the building at 1650 Centennial Blvd or another suitable commercial
building to be used as a Warming Center, the Council is requested to adopt an
ordinance to permit temporary emergency shelters in commercial buildings.
ATTACHMENTS: Attachment 1 – Proposed Ordinance and Exhibit A
DISCUSSION/
FINANCIAL
IMPACT:
Currently, indoor temporary emergency shelters are permitted in church buildings
and government buildings upon approval by the Director of Development and
Public Works (or his/her designee). Where city staff, including but not limited to,
police, fire, building, or code enforcement staff, have determined that any
participating property is not in compliance with the requirements of sections 8.000
through 8.016, the city manager may revoke the director’s approval. The revocation
decision may be appealed to the city council. The city council may affirm, modify
or reverse the revocation.
The proposed code amendments would expand the locations where temporary
emergency shelters are allowed, to include commercial buildings with permission
of the property owner. The amendments recognize the authority of the fire marshal
to address fire and life safety considerations in allowing this use of an existing
building. They also would allow a cold weather shelter to open as soon as
November 1.
On October 5, 2020 the C ity Council held a public hearing on the ordinance. In
response to testimony, the code amendments in Exhibit A now use t he words
“shelter or sheltering” instead of “house and housing” to be clear that the shelters
are sheltering, not housing, those who would otherwise be outside.
There is no financial impact to the city on this code amendment. As presented, the
ordinance expands the location options for an indoor emergency shelter such as the
Egan Warming Center that is operated by Saint Vincent de Paul.
CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. ___________
AN ORDINANCE AMENDING SECTIONS 8.000, 8.005, AND 8.010 OF THE
SPRINGFIELD MUNICIPAL CODE TO EXPAND TEMPORARY EMERGENCY SHELTERS
FOR THE HOMELESS TO INCLUDE COMMERCIAL BUILDINGS AND ADOPTING A
SEVERABILITY CLAUSE
WHEREAS, there is a need to expand the locations where temporary emergency shelters are
permitted, particularly for the purpose of providing shelter during periods of cold weather to
individuals experiencing homelessness within the City of Springfield;
WHEREAS, the fire marshal has a role in evaluating the fire and life safety aspects of using an
existing building for this purpose; and
WHEREAS, the Common Council of the City of Springfield finds that it is in the best interest of
the residents of Springfield to allow commercial buildings to serve as temporary emergency
shelters, upon permission of the governmental entity;
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS
FOLLOWS:
Section 1. Sections 8.000 through 8.010 of the Springfield Municipal Code are
amended as provided in Exhibit 1, attached hereto and incorporated by this reference.
Section 2. Savings Clause. Except as specifically amended herein, Chapter 8 of the
Springfield Municipal Code shall continue in full force and effect.
Section 3. Severability Clause. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereof.
ADOPTED by the Common Council of the City of Springfield this ___ day of October,
2020, by a vote of _____ for and ____ against.
APPROVED by the Council President of the City of Springfield, functioning as Mayor in
accordance with Section 17 of Springfield Charter, this ______ day of __________, ____.
_______________________
Council President
ATTEST:
__________________________
City Recorder
Attachment 1, Page 1 of 3
EXHIBIT A
CHURCHES, GOVERNMENT BUILDINGS, AND INDUSTRIAL SITE PROPERTIES AS TEMPORARY
EMERGENCY SHELTERS FOR THE HOMELESS
8.000 General.
The requirements specified in sections 8.000 to 8.016 shall be considered the minimal
requirements to establish, maintain, and operate a temporary emergency shelter at a church, governmental
building, commercial building, or industrial site property. The development and public works director, or
his or her appointee, shall approve the temporary emergency shelter use if the applicable requirements
specified in sections 8.000 to 8.016 have been met.
8.005 Definitions.
For the purposes of sections 8.000 to 8.016 the following mean:
Church. Defined as specified in section 6.1-100 of the Springfield Development Code and having
as a building or buildings of at least 3,000 square feet for the purposes of indoor shelter, or having
parking setbacks and screening pursuant to the Springfield Development Code for the purposes of outdoor
shelter.
Cold Weather Shelter. An emergency shelter established pursuant to section 8.010 of this code,
which provides shelter for individuals experiencing homelessness during the period from November
1st5th to March 31st, on nights when average temperature is forecasted to be below 30 degrees Fahrenheit
or on nights when forecasted conditions otherwise pose a threat to human health and safety, including, but
not limited to, significant accumulations of snow or ice.
Commercial Building. A building that is used for commercial purposes. It includes vacant
buildings in which the most recent permanent primary use was commercial.
Emergency Shelter. A temporary emergency shelter established pursuant to section 8.010 or
8.012 of this code. It shall not be construed to mean “emergency services,” as defined in section 2.804 of
this code. “Camper or trailer” shall have the same meaning as “recreational vehicle” as defined in section
6.1-100 of the Springfield Development Code.
Governmental Building. A building leased or owned by a governmental entity, upon permission
of the governmental entity.
Industrial Site. Property having heavy or light-medium industrial zoning in accordance with
section 3.2-400 of the Springfield Development Code and, a primary use approved in accordance
development review procedures of the Springfield Development Code.
Temporary. For shelters other than cold weather shelters, a period of 15 consecutive days or
longer if the provisions of section 8.010(2) are met; or a period not to exceed 90 days when the provisions
of section 8.012 are met.
8.010 Approval Process for Indoor Shelter.
A governmental entity, commercial building owner, or church representative shall apply to the
building official department of development and public works prior to opening an emergency shelter for
the homeless. Prior to authorizing occupancy and annually thereafter, the fire marshal in consultation with
the building official shall apply the following standards:
EXHIBIT A, Page 1 of 2
Attachment 1, Page 2 of 3
(1) Whenever practical, housheltering of the homeless shall occur on the ground floor. first
floor of the governmental building or on the first floor of the church in the meeting or multi-purpose
room.
(2) For indoor shelters other than cold weather shelters, the maximum number of families
shall be limited to the lesser of the following:
(a) The number of persons that would be permitted based on the zoning density. For
example, if the church was on one acre of land zoned Low Density Residential, approximately five single-
family homes could be constructed (30 percent of the land is subtracted for streets and other
nonresidential uses as specified in the Metro Plan). Considering there are approximately four persons in a
family, a total of 20 persons per acre would be allowed; or
(b) 100 square feet per person, in the area designated to shelterhouse the homeless.
(3) A plan shall be submitted to the building official department of development and public
works showing how the following standards of operation will be met:
(a) The area in square feet of the portion of the church building proposed to be used
to shelterhouse the homeless and the number of persons to be shelteredhoused;
(b) The route persons would use to exit or enter the proposed sleeping area;
(c) The location of smoke/fire detection devices in the proposed sleeping area;
(d) The location and number of sanitation fixtures.
(4) A written explanation concerning how the homeless will be supervised and any other
program activities such as meals, child care, day care, social service referral, etc.
(5) The building official fire marshal shall have the authority to make minor modifications
from these standards where practical, however, such modifications shall not be in conflict with the health,
safety and welfare of the citizens of Springfield.
EXHIBIT A, Page 2 of 2
Attachment 1, Page 3 of 3