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Home My WebLink About2017-08-14 17-288 ORDINANCEOrdinance, CITY COUNCIL ACTION Council Meeting Date: August 14, 2017 Item No: 17-288 Responsible Dept.: Planning Action Requested: Ordinance 17-288 AUGUST 14, 2017 Map/Lot: N/A Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, by Raising the Maximum Height of Office Buildings in the Waterfront Development District from 65 to 100 Feet Summary This ordinance will amend the Land Development Code by allowing the maximum height of office buildings in the Waterfront Development District to go from 65 feet to 100 feet. At present, most buildings in the Waterfront Development District may be no more than 65 feet in height. The proposed amendment will add Business and Professional Office to the list of structures which may be up to 100 feet in height in this zone, when treated as a conditional use. Committee Action Committee: Planning Board Action: Staff Comments & Approvals City Manager Introduced for: First Reading and Referral Meeting Date: September 5, 2017 For: 1417 City Solicitor Against: "-'C� C�� Finance Director CITY COUNCIL ORDINANCE Date: August 14, 2017 Assigned to Councilor: Tremble 17-288 AUGUST 14, 2017 ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, by Raising the Maximum Height of Office Buildings in the Waterfront Development District from 65 to 100 Feet WHEREAS, the Waterfront Development District allows hotels outside of the Shoreland Zone to exceed 65 feet in height when treated as a Conditional Use, and WHEREAS, it would be beneficial to allow business and professional office uses the same flexibility, 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 be amended as follows: § 165-94 Waterfront Development District (WDD). A. Unchanged. B. Unchanged. C. Unchanged. D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (1) Unchanged. (2) Hotel or business or professional office building,, in excess of 65 feet in height, provided that: (a) Such facility will not be located within 250 feet of mean high water on the Penobscot River. (b) Such facility will be not more than 100 feet in height. Additions are underlined, deletions struei h. 17-288 AUGUST 14, 2017 Schedule A Urban Developed Area Zoning Districts Maximum District Minimum Lot Area Maximum Lot Minimum Minimum Minimum Minimum Minimum Usable Maximum Height (feet) (square feet) Coverage Lot Width Front Yard Side Yard Rear Yard Open Space Minimum Floor Area (feet) (feet) (feet) (feet) (square feet per Water setback Ratio dwelling unit) (feet) Waterfront Development District (WDD), conditional uses; hotels, business or 100 40,000 75% 100 0 20 20 NA 250 2 )rofessional office buildings in excess of 65 feet in height IN CITY COUNCIL AUGUST 14, 2017 COr 17-288 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF SEPTEMBER 5, 2017 CITY CLE IN CITY COUNCIL SEPTEMBER 11, 2017 COr 17-288 MOTION MADE AND SECONDED FOR PASSAGE VOTE:9-0 COUNCILORS VOTING YES: FAI.RCLOTH, GRAHAM, NEALLEY, NICHOLS, PERRY, SPRAGUE, TREMBLE, WESTON, BALDACCI COUNCILORS VOTING NO: NONE PASSED "'AL, ? ierve4-4,:kod CITY CLE MEMORANDUM DATE: September 6, 2017 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Chapter 165-94 D (2) and Schedule A — amending Height Limits in Waterfront Development District — Council Ordinance #17-288 Please be advised that the Planning Board at its meeting on September 5, 2017, held a Public Hearing on the above Zoning Amendment to revise standards of 165-94 adding Business and Professional Office to hotels for structures which can exceed 65 feet in height in the Waterfront Development District. Chair Kenney opened the Public Hearing and Planning Officer David Gould provided the Board with an overview of the proposed amendment. The proposed amendment will add Business and Professional Office uses to structures which can exceed 65 feet in height in the Waterfront Development District, provided they are not in the Shoreland Zone and they do not exceed 100 feet in height. Currently Hotels are the only other structures which can exceed 65 feet in height in this district. Such uses are treated as a Conditional Use, where the Board can review consistency with other buildings around it. Member Boothby stated that he believed this was inconsistent with the intent of the Waterfront District. A tall building on a high elevation could limit views of the waterfront. Lloyd Leeman of 24 Pleasant Street indicated he was not familiar with the particular details but was concerned with changes to the height of structures in the waterfront District. He noted the waterfront was a very lovely site and that obstructions like the fence along Main Street and 100 foot tall buildings may impact that. David Latulippe noted that the additional height would allow Bangor Savings Bank to occupy a smaller overall footprint, thereby maintaining more green space in the district. He also indicated that construction trends are for taller ceilings to add more natural light to building interiors, and that this change helped in that regard as well. Planner Gould noted the change will cover the entire District, from May Street to Dutton Street. He further noted that since its beginning the Waterfront District has been dynamic and evolved as time went on. Some may recall the Hunter Plan with tall office buildings and hotels surrounding civic squares and elevated walkways. With the arrival of the Folk Festival the plan began to shift towards a more open concert venue. 2 The Board discussed height limits in the Waterfront District and the Board's review of such requests. Member Durgin made a motion to recommend that C.O. #17-288 be adopted by the City Council. Member LeBlanc seconded the motion and the Board voted five in favor and two opposed to make a positive recommendation to the City Council.