The URL can be used to link to this page

Home My WebLink About2023-10-11 23-307 Ordinance23-307 10-11-2023 CITY COUNCIL ACTION Council Meeting Date: October 11, 2023 Item No: 23-307 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending the Code of the City of Bangor, by Creating Regulations and Allowances for Emergency Shelters. Summary The proposed changes would update the City's Code of Ordinances to clarify the definition of emergency shelters and to allow this use in the Government & Institutional Service District (G&ISD) with stipulations around siting and layout. At present, emergency shelters are defined but are not allowed in any zone in the City. However, there are existing shelters in the City, with interest from some in expansion. The allowances provided by these amendments would permit expansion of some shelters, as well as allow for new shelters in select areas. These amendments also attempt to allay concerns expressed during a previous amendment proposal regarding siting and security by providing additional stipulations for this use. The 2022 Comprehensive Plan suggests that the City "evaluate land uses that allow for sheltering and supporting people experiencing homelessness to help ensure that existing zoning supports a diverse housing stock". Committee Action Committee: Planning Board Action: Staff Comments & Approvals i City Manager Meeting Date: October 17, 2023 For: 4A�q- City Solicitor Introduced for: First Reading and Referral Against: -2- finance Director 23-307 10-11-2023 CITY COUNCIL ORDINANCE Date: October 11, 2023 Assigned to Councilor: Davitt ORDINANCE, Amending the Code of the City of Bangor by Creating Regulations and Allowances for Emergency Shelters. WHEREAS, at present, emergency shelters are not currently allowed in any zone in the City; WHEREAS, the proposed changes would update the City's Code of Ordinances to clarify the use of emergency shelters and allow the use in the G&ISD zone with stipulations on siting and layout; WHEREAS, the allowances provided by these amendments would permit expansion of some shelters, as well as allow for new shelters in select areas; WHEREAS, the 2022 Comprehensive Plan suggests that the City evaluate land uses that allow for sheltering and supporting people experiencing homelessness to help ensure that existing zoning supports a diverse housing stock; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT The Code of the City of Bangor is amended as follows: § 165-13 Definitions. EMERGENCY SHELTER A facility operated by a not -for -profit corporation or public agency providing temporary overnight shelter to homeless individuals, which provides shelter to no more than 70 individuals per night. This term does not include federal, state, or municipal subsidy of temporary accommodations using existing homes, apartments, hotels or motels or facilities when deemed a local emergency by the City of Bangor pursuant to Article XVII of the Code of Ordinances. § 165-97 Government & Institutional Service District (G&ISD). D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (5) Emergency shelters, provided that: (a) The parcel on which the facility is located is at least 100 feet from any parcel in a residential zone. 23-307 10-11-2023 (b) The facility shall provide adequate space for conducting security searches and other assessments. (c) The facility shall be designed with a centralized shelter operations office on each level providing sight lines to sleeping areas. (d) The facility shall be designed to provide adequate indoor space to permit all shelter guests day shelter. (d) A management plan adequately outlining the following areas shall be provided: management responsibilities; process for resolving neighborhood concerns, staffing; access restrictions; on -site surveillance; safety measures; controls for resident behavior and noise levels; and monitoring reports. (e) The facility shall submit a transportation plan that identifies how the transportation needs of guests will be fulfilled. (f) The facility shall provide on -site services to support residents, such as case management, life skills training, counseling, employment and educational services, housing assistance, or other programs. (a) Suitable laundry, kitchen, pantry, bicycle storage, and secure storage facilities for shelter stayers shall be provided on -site. (h) An outdoor area for guest use shall be provided on -site with adequate screening to protect privacy of guests. (i) The facility shall be eligible to participate in the MaineHousing Emergency Shelter and Housing Assistance Program (ESHAP). Additions underlined, deletions strtfe�k threijo. IN CITY COUNCIL OCTOBER 11, 2023 COrd 23-307 First Reading and Referral to Planning Board Meeting on October 17, 2023 ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL OCTOBER 23, 2023 COrd 23-307 Motion made and seconded for Passage Vote: 7 -0 Councilors Voting Yes: Davitt, Hawes, Leonard, Schaefer, Sprague, Tremble, Pelletier Councilors Voting No: None Passed ��.�` � M,�� w�� s� CITY CLERK ffi W M e �'1 f� ` I �� .�.�� "" �� ./ � �1. F 1.�.� //; .q w '' I�EV'�� L��1"�T � M� .� CIT� �F BAI�T+G+C�R. PLANV�IC�ICr QIWI51ClN Memorandum To: Honorable Bangor City Council Deb Laurie, City Manager From: Anja Collette, Planning Analyst Date: October 18, 2023 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation October 17, 2023 Amending the Land Development Code by creating regulations and allowances for Emergency Shelters Please accept this memorandum as the recommendation from the Planning Board for the noted item. The Planning Board considered this item in a noticed public hearing on October 17, 2023. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were the Chair Reese Perkins, Vice Chair Ted Brush, and Members Don Meagher, Trish Hayes, Jonathan Boucher, and Ken Huhn. Planning Analyst Collette presented the changes and explained the background on this proposal. From the staff inemo: A. The proposed changes would update the City's Code of Ordinances to clarify the definition of emergency shelters and to allow this use in the Government & Institutional Service District (G&ISD) with stipulations around siting and layout. Primarily, any parcel where a shelter is proposed would need to be at least 100 feet from a parcel in a residential zone and there would need to be on-site support services, a management plan, and a plan for transportation for residents. Additionally, the clarification of the definition seeks to differentiate this type of shelter from temporary shelters designated during a declared local emergency, such as during a natural disaster. B. At present, emergency shelters are defined but are not allowed in any zone in the City. However, there are existing shelters in the City (operating as legally non-conforming uses), with interest from some in expansion. The allowances provided by these amendments would permit expansion of some shelters, as well as allow for new shelters in select areas. These amendments also attempt to allay concerns expressed during a previous amendment proposal regarding siting and security by providing additional stipulations for this use. 73 HARLOW STREET,BANGOR,ME 04401 TELEPHONE: (207)992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL 10.17.23 Land Development Code—Emergency Shelters C. The 2022 Comprehensive Plan suggests that the City "evaluate land uses that allow for sheltering and supporting people experiencing homelessness to help ensure that existing zoning supports a diverse housing stock". A member of the public, Dianna Young, asked if shelters would be required to have trash pickup and mentioned issues related to trash observed in existing locations. Planning Analyst Collette confirmed that trash pick-up would be provided for these locations and noted that any issues related to trash on the property would be a Code violation that could be reported. Member Boucher made a motion to recommend to the City Council that the proposed amendments ought to pass. Member Huhn seconded the motion. The motion passed 6:0 with all members voting to approve. Anja Collette Page 2 � 2