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HomeMy WebLinkAbout2019-02-25 19-104 ORDINANCETitle, Ordinance 19-104 02/25/2019 CITY COUNCIL ACTION Council Meeting Date: February 25, 2019 Item No: 19-104 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Amending Chapter 165, Land Development Code, Section 165-13, by Amending the Definition of Congregate Housing Summary This ordinance amendment would allow facilities for the elderly and persons with disabilities to be considered congregate housing based on City requirements, removing references to State requirements. Congregate housing, as currently defined in our ordinance, is housing with central dining facilities for functionally impaired elderly persons who do not require the level of care provided at a nursing home. Congregate housing has different standards under our ordinances than typical apartments, including lower requirements for off-street parking. At present, in order for a facility to be considered congregate housing under our ordinance, it must be licensed or certified through the state. One of the certification programs referred to in our ordinance no longer exists, and the City is seeing an increase in facilities that do not need to be certified through the state, but still meet other requirements of congregate housing. This ordinance amendment would allow such facilities to be considered congregate housing under our zoning ordinance, as underlying rationale for treating these facilities differently from typical apartments — for example, less of a need for parking — does not change based on whether a facility is licensed by the state. The definition change would also allow congregate housing to serve a limited number of persons with disabilities in addition to the elderly. Committee Action Committee: Business and Economic Development Action Staff Comments & Approvals Meeting Date: February 19, 2019 For: Against: As this is an amendment to the City's Land Development Code, it should be referred to the Planning Board meeting of March 5, 2019. M City Manager City Solicitor Finance Director Introduced for: First Reading and Referral CITY COUNCIL ORDINANCE Date: February 25, 2019 Assigned to Councilor: Davitt 19-104 02/25/2019 ORDINANCE, Amending Chapter 165, Land Development Code, Section 165-13, by Amending the Definition of Congregate Housing WHEREAS, at present, the Land Development Code requires congregate housing to be licensed or certified by the State; WHEREAS, for zoning purposes, the City's concern is not whether a congregate housing facility is licensed by the state, but whether it meets City requirements that have an impact on parking and other required standards; WHEREAS, congregate housing facilities may also be used from time to time to house persons with disabilities; and WHEREAS, while persons with disabilities may have different needs and require different living circumstances than elderly persons, allowing a limited number of persons with disabilities in congregate housing for the elderly will not significantly impact parking or other zoning considerations; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor is amended as follows: § 165-13 Definitions. CONGREGATE HOUSING A multifamily dwelling consisting of private dwelling units for functionally impaired elderly occupants who aFe unable to love 0i9deryei9deig" do not Let require the constant supervision or intensive health care available at intermediate care or skilled nursing facilities, with the following characteristics: where seFviees have bems"' A. The building must have a central dining facility or a program for delivery of meals to residents must be offered. B. One or more supportive services programs must be available for residents. 19-104 02/25/2019 C. Twenty percent of the dwelling units may be occupied by persons with disabilities who are not elderly. D Spouses and partners of qualifying occupants and of residents at an attached nursing facility may also reside at the congregate housing facility. E. For purposes of this definition, "dwelling unit" shall be as defined elsewhere in this section, except that cooking facilities are not required in dwelling units. Additions are underlined, deletions h_,, eugh. NIVAIMI ::�� MIDI Memo To: The Honorable City Council From: David Gould, Planning Officer Date: March 6, 2019 Re: Amending Zoning Ordinance To amend the definition of Congregate Housing (§165-13) C.O. 19-104 Please be advised that the Planning Board at its meeting on March 5, 2019 held a Public Hearing on the above zoning Amendment. Chairman Kenneth Huhn asked the applicant or their representative to make a brief presentation of the request. Assistant City Solicitor Paul Nicklas provided background on the proposed change, noting that the State of Maine had stopped certifying such facilities. Given that the City's Definition references State certification, it is a matter of housekeeping that we amend the definition. Mr. Nicklas noted that the new definition is based on elements which makes this use unique, such as resident age, the presence of supportive services or central dining facilities, limited parking demands, and other elements which set Congregate Housing as a unique land use. The other standards within the Land Development Code for this use (density, parking, etc.) will not change. Chair Huhn asked for other proponents or opponents to the text amendment. Katie Foster of Rudman and Winchell noted that her firm represented a client of such a facility and that they have worked with the City to arrive at an amendment, and as such she supports the amendment. Member Durgin moved that the Planning Board recommend the City Council adopt the ordinance change regarding self -storage as contained in Council Order 19-104. Member Meagher seconded the motion. The Board voted unanimously to recommend the proposed ordinance change be adopted by the City Council. IN CITY COUNCIL FEBRUARY 25, 2019 COr 19-104 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF MARCH 5, 2019 ) a , (7' CITY CLERKK IN CITY COUNCIL MARCH 11, 2019 COr 19-104 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUNCILORS VOTING YES: DAVITT, GRAHAM, NEALLEY, SCHAEFER, SPRAGUE, SUPICA, TREMBLE, NICHOLS COUNCILORS VOTING NO: NONE PASSED 1 4k) a Xe47.,4„..elj CITY CLERK