Wilmington City Council voted 4-2, with Mayor Pro-Tem Kevin Spears and Councilwoman Chakema Clinton-Quintana dissenting, to restore group day facilities as a permitted use in some residential and commercial zoning districts of the city.
According to staff, the day shelter category was eliminated from city code during an update to the Land Development Code in 2021.
Under the amended ordinance, day use facilities will be permissible under conditional zoning approval. That means applicants will be subject to two hearings: one before the Planning Commission, and another before the City Council.
Clinton-Quintana and Spears both believed the item was rushed, and asked for more time to consider questions like the required ratio of staff to clients of any future facility.
Tony Perez, of Living Hope Day Center, spoke about his interest in the ordinance.
“It’s quite obvious that we’re here because of the actions that I have, in my organization, taken recently, to try and acquire property,” he told the Council. "And rest assured, I understand that you guys got a lot of heat from a lot of folks, and I hope you can recognize that so did I."
Related: After Living Hope switches directions, neighbors speak on their experience and lessons learned
Perez recently backed away from a plan to build a day center in at the former Sorrow Drowner location at South 10th and Dock streets due to community opposition, and is actively seeking a new site for his operation. He persuaded Council to reject a provision that would have held multiple violations of city code as a zoning violation, pointing out that bar and restaurant owners are not responsible for the actions of customers who have become intoxicated.
“When did we decide that an organization is responsible for the free will decisions of individuals who happens to frequent that place?” he asked. “Who’s to decide that I’m responsible because somebody’s having a mental health crisis?”
Council Member J.C. Lyle moved to restore the definition of the day use facilities to the city code, noting that, “The thing about conditional rezoning, is this isn't a one-shot deal. This opens it up to every project that comes through, every proposal that comes through. We get to look at it and wrestle with it and work with the applicant. So this isn't a one-and-done.”
The amended ordinance will have its second reading at the next Wilmington City Council meeting. If it passes again, it will take effect immediately.
Below: Map of zoning districts that would allow a day-use facility.
