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V> <br />To:Chair Peterson and Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />^ ^ <br />From:Michael P. Gaffron, Assistant Planning & Zoning Administrator <br />Date:May 12, 1995 <br />Subject:Public Hearing - Domestic Abuse Shelter Ordinance Amendment - Thursday <br />May 18, 1995, 7:00 p.m. <br />List of Exhibits <br />A - Council Minutes 4/10/95 <br />B - Draft R-IA Conditional Use Permit <br />C - Draft B-4 Conditional Use Permit <br />D - Legal Aspects of Conditional Use Permit: <br />Statute <br />Excerpts from Malkerson Training Materials <br />Zoning Code Section 10.09 <br />On April 10, the City Council directed Planning Commission to hold a public hearing <br />for a proposed amendment to the Zonng Code to allow domestic abuse shelters. Council <br />directed staff to draft two options, to a.Tiend either the residential zomng distncts or the B-4 <br />district. Council noted that the Hessbergs would have to request a rezoning to commercial <br />(requiring a 4/5 majority vote) if the shelter use is placed in the B-4 district rather than the R- <br />lA. <br />Exhibits B and C are nearly identical draft ordinances for making domestic abuse shelters <br />a conditional use in the R-IA or B-4 zoning districts. Please remember that aU residential <br />zoning districts refer back to the R-IA conditional use standards, including the LR-IC district. <br />The required CUP conditions as drafted would functionally limit the shelter use to a very few <br />areas of the City, which staff will have mapped for the public hearing. <br />These drafts reflect an amalgamation of bits and pieces of regulation drawn from codes, <br />resolutions, etc. used in other cities, and many of these requirements have been discussed at our <br />work sessions. City Attorney Tom Barrett suggests two specific concerns with the drafts: <br />• We should articulate in the ordinance our rationale for many of the specific location <br />and site/huildin2 requirements ... i.e. why within 1,(X)0’ of a bus line... <br />• The operations section is precariously close to acting as a licensing function as <br />opposed to a zoning function, and the City may be ill-equipped to deal with the <br />potential issues with licensing such a facility. <br />Perhaps we need to limit our regulation to the impacts of it on the neighborhood, rather <br />than on how it operates ... You may see revised drafts by May 18...