Richmond planners review proposed zoning text for overnight homeless shelters; staff to research other cities

At a Richmond Planning and Zoning Commission meeting, commissioners discussed a proposed text amendment to Section 406.5 of the city—ode to classify "overnight shelters" for people experiencing homelessness and to set where those facilities might be allowed.

Planning staff member Tyler Fraser said the draft would make overnight shelters a conditional use in every zone so that any proposed site would require a conditional use permit from the Board of Adjustments. "It's simply being brought back," Fraser said, describing the current draft as "proposed to be conditional in every zone." He told commissioners the commission could specify which zones should allow the use or narrow the list of zones where a conditional use could be approved.

The commission discussed which zones would be appropriate. Several commissioners said they did not favor allowing overnight shelters in R1 and R2 single-family residential zones; one commissioner also said industrial zones should be excluded because of equipment and site conditions. Commissioners noted that some federally protected residential facilities already exist in residential areas and are governed by the Americans with Disabilities Act, which limits local zoning control over those facilities.

Members of the public urged the commission to provide clearer rules so shelters can open quickly. Monica Barnes, who identified herself as founding Madison County Haven of Hope and said she is working with cofounders Jamie Jordan and Jesse Shepherd, described an immediate need after the closure of Madison Home. "When the shelter closed at Madison Home April 1, I was running Madison Home. There were 40 people that had to start sleeping in the streets that next night," Barnes said. She said her group has filed with the state to form a nonprofit but has no funding yet and is searching for a suitably zoned building.

Barnes said the group is operating a very limited temporary shelter with the Church of Christ while pursuing grants and a larger site. She described steps the group is taking to address safety and policing concerns: "We do a liability waiver. We do a waiver of reasonable expectation of privacy, and that was something that the police department recommended that we do so that we're able to search their property if they are in our building." She said the group used an attorney to draft those waivers.

Commissioners and staff agreed more research and community input are needed before recommending specific zoning changes. Fraser offered to "look at what other cities are doing" and report back at a future meeting; commissioners asked staff to consult nonprofits working on the issue. No formal vote or ordinance amendment was adopted at the meeting; the item was presented for discussion and placed on a future agenda for additional review.

The commission also noted, earlier in the meeting, that a vote taken at the previous meeting on this subject had been declared invalid and that the topic remains before the board for formal action in the future.

The discussion closed with staff agreeing to collect examples and bring recommendations, including suggested zones and conditional-use criteria, to a future meeting to allow the commission to decide whether to permit overnight shelters in specified zones or keep them subject to conditional-use review.