City officials are hammering out regulations to govern the location and operation of homeless shelters in Winchester.
The Winchester Planning Commission is expected to issue a recommendation on the proposed regulations during its monthly business meeting on Nov. 16, then forward the matter to City Council for further discussion and a final vote.
During a Planning Commission work session on Tuesday, members reviewed the proposed rules that have been in the works since August, when Winchester realized it had nothing on the books to say where, how and why homeless shelters could be established within the city.
Currently, the only year-round homeless shelters in the city are operated by the Winchester Rescue Mission at 435 N. Cameron St., which was grandfathered in because it existed before city officials established Commercial Industrial (CM-1) zoning at that location. Temporary shelters also exist — mostly notably the Winchester Area Temporary Thermal Shelter (WATTS) that operates during winter months — but Zoning Administrator Alfredo Velasquez said those facilities are either deemed accessory uses for churches or treated as temporary facilities that only operate during extreme circumstances like freezing weather, natural disasters and public health crises.
When the Winchester Rescue Mission approached Rouss City Hall in August with plans to open another year-round homeless shelter at 2655 Valley Ave., city officials first tried to shoehorn the request into a conditional-use permit (CUP) that would allow multi-family housing at that location in a Highway Commercial (B-2) zoning district. When that approach proved to be problematic, the mission’s executive director, Brandan Thomas, withdrew the CUP request and agreed to give the city enough time to create policy for homeless shelters.
According to the draft proposal presented to the Planning Commission, homeless shelters — or humanitarian shelters, as they are referred to in the documentation — would only be allowed by right in Winchester’s Health Services (HS) and Medical Center (MC) zoning districts. They would also be allowed with City Council’s issuance of a CUP in the city’s B-2, CM-1, Residential Business (RB-1), Central Business (B1) and Education, Institution and Public Use (EIP) zoning districts. These rules would apply to both permanent shelters, such as the one operated by Winchester Rescue Mission, and temporary thermal shelters, such as the one operated each winter by WATTS.
In the event of a declared state of emergency, temporary shelters could be opened in any of Winchester’s zoning districts with the authorization of the city manager. Those shelters would be required to close within seven days of the state of emergency being lifted.
An earlier draft of the proposed regulations stated that only government agencies and nonprofit organizations could apply to operate a homeless shelter, Winchester Program Manager Patrick Elwell said, “but from our city attorney’s counsel, we just decided to strike that provision entirely.” As a result, anyone could apply to operate a shelter.
All shelters, regardless of whether they are year-round or temporary, would have to comply with a lengthy list of operational requirements including:
They cannot be permanent residences.
Facilities must be staffed whenever residents are on the premises.
Mental health, parenting, life skills and employment counseling can be offered on site.
Pharmaceutical-based treatments for substance abuse are prohibited.
Alcohol, recreational cannabis and illegal substances cannot be consumed on site, but medical cannabis use is allowed with a doctor’s prescription.
They cannot charge guests for any services provided by the shelter.
They must be located within 500 feet of public transportation, such as a WinTran bus stop.
They must maintain a record of guests for at least two years.
Planning Commission member Leesa Mayfield balked at the requirement to collect the names of guests.
“For a poor, homeless person, it can be very difficult to carry identification,” Mayfield said.
Elwell and City Manager Dan Hoffman said guests would only have to give their name; no one would be asked to provide photo ID or a Social Security number. Hoffman said keeping a record of everyone who stays at a shelter is “something the Police Department relies on in case there’s an investigation.”
If the Planning Commission is comfortable with the proposed regulations, it will forward them to the City Council for final approval. If nothing delays the process, the rules could be in place as early as mid-December.
Once the regulations are established, Thomas plans to reintroduce his request to open a new shelter in a vacant, 11,522-square-foot building at 2655 Valley Ave. that formerly served as a loan company, various restaurants and a comedy club. His goal is to have it open by the time this winter’s WATTS program closes for the season in mid-March.
Attending Tuesday’s Planning Commission work session in Rouss City Hall were Vice Chairwoman Lacey Burnett and members Brandon Pifer, Paul Richardson, Leesa Mayfield and David Ray. Chairman Mark Loring and Commissioner John Tagnesi were absent.
By Brian Brehm The Winchester Star