Wilmington, North Carolina, planning commission splits 3-3 on proposed homeless day shelter restrictions

The City of Wilmington planning department is seeking to revive a land code provision on homeless day shelters, though staff did not win the planning commission’s support. The commission, which includes two new members and was missing Richard Collier, voted 3-3 on staff’s proposal to restrict group day facilities to certain zoning districts, as the city’s land code did before it was updated in 2021.

Staff are pursuing the former classification after Living Hope Day Center sought to relocate its services for homeless individuals to the former Sorrow Drowner space at 10th and Dock streets. The shelter falls under community center use in the current land code and was allowed to move there by right. Many nearby residents asked the city to step in, citing concerns about concentrating people experiencing homelessness near the area’s schools. Living Hope has since withdrawn its plans for the site.

Under staff’s proposal, group day facilities would be allowed in high-density residential districts (MD-10 and MD-17), urban mixed use, the central business district, community business, regional business, office and institutional, and commercial services districts. In the old code, these facilities were permitted through a special use permit. Staff now suggest they go through the conditional zoning process. Any property owner wishing to open a group day center would need to locate within an approved zoning district and apply for a conditional rezoning, and the planning commission and city council would then evaluate whether the location is suitable and whether further conditions are warranted.

The commission proposed two initial conditions: a minimum lot size of 3,000 square feet and an operating manual setting goals for patrons and supervision standards. The operating manual responds to a concern raised by the community during the Living Hope debate, which was that no operational plan had been provided explaining how the owners would address potential safety concerns at a no-barrier shelter. Staff’s proposal also states that a center with more than three confirmed violations of the city code within one month, or six within a year, would have its operations jeopardized.

Assistant Planning Director Brian Chambers said at the meeting that the violation provision “wasn’t previously associated with a group day facility.” He said it was associated with a group home residential use, which he said is how a homeless shelter would be classified. “Staff is bringing this forward for consideration because it would add another layer of enforcement to ensure compliance with city standards,” Chambers said.

Two city residents who spoke during public comment asked that the amendment go further, suggesting a 1,000-foot buffer between any facility and a school, daycare or park. Jones, who pointed to her involvement with the Wilmington Housing Authority and various nonprofits, said schools and daycares are spread across the city, which limits where any center could be located. She also noted that no one had raised issues with the operation of a day shelter out of downtown’s First Baptist Church, and that St. Mary Catholic School is three blocks from the Living Hope site. She urged the city not to stop helping people out of fear of them.

Commissioner Stephanie Lanier said she was uncomfortable voting without seeing a map of available parcels under the 1,000-foot condition. Planning staff did provide a map of parcels eligible under the proposed rules, but it did not include a buffer because staff did not endorse one. Chambers said staff were hesitant to adopt a specific standard that would apply to every situation, because each situation differs and the city wants to avoid over-regulating. Commissioners Jack Pollock and Ace Cofer indicated support for a buffer. When Pollock moved to add the buffer to the proposed amendment, he said it should apply only to schools.

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