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Council committee weighs Conestoga hut pilot at Gathering Place amid legal warning about spot zoning
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Summary
The Planning and Development Committee heard backing from volunteers and residents for a short-term Conestoga-hut shelter pilot at the Gathering Place, but the city law director warned a site-specific ordinance could be construed as spot zoning unless it aligns with citywide rules.
The Planning and Development Committee heard robust public comment and staff legal guidance on a proposed temporary-shelter pilot at the Gathering Place (7 and 15 North Congress Street) that would use Conestoga huts to provide short-term shelter this winter.
The planning commission recommended amending ACC 23.04.03 to allow temporary shelters as a permitted accessory use for the Gathering Place; the committee also received a legal opinion (No. 25-02) from the city law director that warned an ordinance conferring special rights on a small set of lots could constitute spot zoning.
Supporters addressed the committee during public comment. Megan Benjamin, an intern at the Gathering Place, said volunteers conducted a door-to-door outreach campaign and tracked neighborhood responses: "88% or 32 out of the 36 households we spoke to supported the project or felt unbothered by it," she told the committee. David Hartinger, a resident, added: "I'm a 110% in favor of the Conestoga Hut project."
Several council members said they wanted the pilot to move forward quickly because winter is approaching and the Gathering Place already provides day services and restrooms. Mayor Patterson underscored that the law director concluded the Gathering Place pilot is "not inherently illegal" but warned separate ordinances for similar zones could create legal exposure if the city treats comparable R-3 or B-3 properties differently.
Committee members debated two related items: a site-specific amendment to allow temporary shelters at the Gathering Place, and a broader proposal to allow temporary shelters as a conditionally permitted use in R-3 and B-3 zones citywide. Some members favored keeping the Gathering Place ordinance separate so the site-specific pilot is not delayed by a longer, citywide zoning overhaul. Others said the two ordinances should be aligned to reduce the risk of spot zoning.
Councilmember Thomas proposed keeping the measures separate to avoid tying the Gathering Place pilot to a lengthy citywide rezoning. Other members proposed harmonizing review periods and approval processes (for example, annual review versus biennial review and whether the Service Safety Director or the Board of Zoning Appeals provides initial approval) to avoid inconsistent treatment across similar properties.
Ginger, the Gathering Place leader referenced in committee remarks, told council staff she expects the Gathering Place to provide restrooms and daytime services and said a porta-potty could be staged for overnight hours if needed; she clarified the site already has several restrooms for daytime use.
No final ordinance passed in committee Monday. The Gathering Place item will appear for first reading at upcoming meetings; the committee set a public hearing for the citywide item on Nov. 3 as part of the required public-process schedule. Councilmembers asked staff and local stakeholders to draft clearer, service-focused conditions for any citywide language so conditional uses are tied to sponsor organizations and service requirements rather than left as a "free-for-all."
