Phoenix aims to fast track homeless shelter, but residents remain fiercely opposed

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To fast track the construction of a new homeless shelter in southwest Phoenix before summer, city officials are side-stepping a potential appeal by residents who oppose it.

The city is going directly to the Board of Adjustment, the appellate body, to seek approval. The maneuver sets up a contentious zoning case that will be heard April 4 at noon.

Phoenix's Office of Homeless Solutions plans to build a 7-acre, 300-person homeless shelter at 71st Avenue and Van Buren Street. The site's location, roughly a mile from Fowler Elementary School and a quarter mile from residences triggers a city code requirement to obtain a use permit. Such permits are typically dispensed by the city zoning administrator, whose decision can be appealed by affected parties in opposition.

The proposed "Phoenix Navigation Center" petition was first scheduled to be heard Feb. 1, but it was delayed twice over concerns from surrounding residents, including the Si Se Puede Neighborhood Association.

Brenda Montoya, a member of the group, said the mostly Hispanic residents planned to appeal any approval. But before the last scheduled hearing March 28, the zoning administrator referred the case to the Board of Adjustments.

More: Phoenix plans homeless shelter campus at 71st Avenue and Van Buren Street

Residents say they are concerned about making conditions worse in an area that is already in need of more city services.

The referral does not prevent the neighborhood association from weighing in. The public can submit documents to the appellate body 10 days ahead and provide comments in person April 4.

The case will be determined potentially a month or two quicker and the Board of Adjustment will "provide clarity regarding the potential use of the site sooner," city spokesperson Teleia Galaviz wrote in an email.

The embattled zoning case reflects a city racing against the clock to shelter unhoused populations before Phoenix's deadly summer arrives.

City officials are anxious to avoid a public health crisis because 645 individuals died of heat-related causes in greater Phoenix last year.

The goal is to find a suitable location quickly from a limited pool of options that is as least offensive to the broader public as possible. City code restricts shelter locations to areas zoned light- and heavy-industrial, which tends to segregate unhoused populations in warehouse areas, like 71st Avenue and Van Buren Street.

Officials initially sought to locate the campus at 22nd Avenue and Lower Buckeye Road, a few miles southwest of downtown, where there weren't neighborhoods in the immediate vicinity. But it was abruptly canceled last summer when explosive levels of methane and other carcinogenic petrochemicals were found.

At the new location, the city must now balance concerns from residents who are largely Hispanic and less privileged than others in Phoenix.

U.S. Census tract data show 18% of residents in the immediately adjacent area live beneath the poverty line, a rate 25% higher than the rest of Phoenix. Roughly 30% of the children are considered impoverished. Nearly half the residences are mobile homes.

Montoya, from Si Se Puede, said the group had already submitted documents and members plan to speak against the proposal at the Board of Adjustment hearing.

"We are a Hispanic community, but we also have the same rights as any community to want our neighborhood to be ... better," Montoya said. "That we have all the opportunities that other areas have."

Residents mobilize for protections

Montoya said residents were relieved with some of the protections the city has agreed to, although it took significant organizing on the residents' part to get them.

In February, Si Se Puede dedicated its efforts to mobilizing residents after leaders were notified of the city's intentions to build the shelter in the area, Montoya said.

In two hearings held that month, the community had a turnout of about 200 people, all of whom opposed the construction of the shelter.

"Not a single person was in favor," Montoya said. "Everyone opposed it. Some neighbors even got angry."

Neighbors complained about the lack of responsiveness from the city and issues with poor translation services for Spanish speakers.

Montoya said city staff avoided giving straightforward answers and did not address the community's concerns when residents asked questions.

“We are doing everything we can to make the city listen to us, to listen to each person's feelings,” Montoya said. “But sometimes it is very difficult.”

After repeated communication, the residents and city compromised.

City agrees to protections after community input given

The most notable stipulation is the creation of a 15-member advisory committee, of which half must come from community members, business owners, school district employees or other stakeholders in the community who reside or work within 1.5 miles of the shelter, according to city documents. The advisory committee would meet monthly leading up to the campus opening and quarterly thereafter, city spokesperson Kristin Couturier said.

The permit also would include six-month and 18-month reviews of the permit to ensure the city's compliance, with advanced notification sent to nearby property homeowners, the Si Se Puede Neighborhood Association and the Fowler Elementary School District.

Other stipulations include creating an "operational plan" that outlines security and coordination with police, code of conduct rules, and site design to reduce crime.

The Office of Homeless Solutions is also creating a Good Neighbor Agreement, which Couturier said will lay out "how the city and shelter provider will work with the neighborhood to promptly address concerns."

The agreement is in draft form but so far includes curfews, bans on campus visitors and illicit drugs, rules for backgrounding campus attendees, and rules for contacting neighbors regarding issues at the campus.

The city's plans initially included allowing residents who committed sex offenses to stay at the campus.

That posed a significant concern for parents like Brenda Bustamante, mom of a fifth grader at Fowler Elementary who used to walk about 30 minutes to attend school and come back home every day.

Bustamante said her 10-year-old daughter recently started taking the bus because road conditions had become more dangerous.

"Many heavy-load trucks often transit the street, which makes it unsafe when we walk by, and it's also now very unsafe because there are a lot of homeless people," Bustamante said. "It's a danger. And the shelter isn't there yet, imagine what it will be like when they open it. We as parents are going to be very uncomfortable."

Montoya said the city's communication and collaboration has significantly improved in recent weeks. But the residents remain categorically opposed to the project.

"We are very sorry for what homeless people are experiencing, it is something that no one should suffer, but we believe that the city of Phoenix has other land properties outside that would not impact any neighborhoods," Montoya said.

Taylor Seely covers Phoenix for The Arizona Republic / azcentral.com. Reach her at [email protected] or by phone at 480-476-6116.

Laura Sepulveda covers breaking news with a focus on Arizona's Latino communities. Reach her at [email protected].

This article originally appeared on Arizona Republic: Phoenix aims to fast track homeless shelter while residents reject it