HomeMy WebLinkAbout1994-12-12 95-41 ORDINANCECOUNCIL ACTION I
Date January .9. 1995 Item No. 95-'L\\I
1
Item/Subject: Amending Land Development Code - Chapter1I33,
Article 14 - Neighborhood Service District - C.O. i
95-41 (As Amended)
Responsible Department: Planning Division
The Planning Board held a public hearing on the above -noted zoning
amendment at its regularly scheduled meeting of January 3, 1995.
The Board recommended amending the Ordinance change to eliminate
community service organization use from the Neighborhood Service
District altogether. On a vote to recommend the amended Ordinance,
the Board voted five in favor and none opposed.
C
Dapartment Hee
Manager's Conma3nte:��y
City Manager
Associated Information: -
i
Budget Approval:
Finance Director
Legal Approval:
V , _
City Solicitor
X Passage
_ First Reading Page I of 1
Referral
Excerpt from Staff Memorandum for January 3, 1995 Planning Board
Meeting.
PUBLIC BEARINGS
Item No. 4: zoning Amendment - Chapter VIII, Article 14 -
Neighborhood Service District - City of Bangor -
C.O. i 95-41
a. This zoning amendment was submitted by the City Council to
deal with an approach to the community service organization
use in the Neighborhood Service District. The proposal was
to delete the "community service organization" use and
replace it with 'office facilities operated by a community
service organization.'
b. Following the direction indicated by the Planning Board i
the course of its discussion at the last two meetings, Staff
would recommend that the Ordinance amendment be changed by
imply deleting the community service organization use
instead of adding the office type comennity service
organization use
e to the zoning district. (See attached
amendment C.O. 95-41.)
C. As discussed at previous Planning Board Meetings It is
difficult to limit the exposure of residential properties to
community service organization uses whether they are simply
"offices' or other more intensive related activity. Staff
would recommend that the Planning Board recommend the
amended Ordinance to the Bangor City Council
95-41
Auige WCouneflor (AS AMENDED)
Np CITY OF BANGOR
(TITLE.) rWXMtC2e Amending. Land Development Code -,Chapter VIII,
Article 14 - Neighborhood Service District
BeYw wsd Ey W CRY of de My afBawyn, as fd .
THAT Chapter VIII, Article 14, Section 4.3 (I) of the Laws and
Ordinances of the City of Bangor be amended by deleting the words
"Community service organization" and relettering the remaining
permitted uses.
STATENBNT OF FACT: This amendment would eliminate the 'comounity
service organisatlon" use in the Neighborhood Service District.
DATE: January 4, 1995
TO, Bangor City Council
TeDlf: Bangor Planning Board
SUBJBCTe Response to Council Order 94-493 - Community
Service Organization Use
The Bangor City Council passed an order on October 25, 1994
requesting that the City Staff and the Planning. Board review the
Land Development Code treatment of the community service
organization use. The Planning Board reviewed this subject at
three different meetings with special emphasis on the
Neighborhood Service District locations and the community service
organization use in such zoning districts.
The City Staff made a number of recommendations to the
Planning Board as to available. options in dealing with this
particular land use in the Land Development Code and at its
seting on January 3. 1995 the Planning Board achieved consensus
on the following recommendations:
1. That the City amend the Land Development Code to delete
the community service organization use from the
Neighborhood Service District.
2. That the definition of community service organization
in the Land Development Code be revised as follows:
"Community Service Orcanisation. A nonprofit
charitable institution, not to include social
clubs, the primary functions of which are serving
public health or social welfare of the community,
provided that the specific activity which
characterizes the primary use of such community
service organisation use shall be similar in
nature, intensity and impact to other permitted
r if a conditional use, other conditional
uses n the zoning districts in which such use is
permitted."
3. That community service organization use be changed from
a permitted use to a conditional use in the Urban
Service District and that it remain as provided for in
the other zoning districts of the Land Development
Code.
Should the City Council wish further deliberation on the
part of the Planning Board on this subject, the Board stands
ready to follow-up on any suggestions.
David Cole, e, C
Bangor Planning Board
DC/LPJ
Attachments:
1)
Staff
Psmorandnm
of
November
29,
1994
2)
Staff
Memorandum
of
December
15,
1994
DATE: November 29, 1994
TO: The Planning Board
FROM: The Planning Staff
SUBJECT: Treatment of Community Service Organization Use in
the Land Development Code
Background
The City Council passed an Order asking the Staff and the
Planning Board to look at the treatment of Community Service
Organizations under the provisions of the Land Development Code
(C.O. 94-463, Attached). The primary concern behind this request
s the inclusion of such uses in the Neighborhood Service
District where there is a potential for imwediate juxtaposition
of acamunity service organization uses and low density
residential properties.:
Community Service Organization use is included in a number
of the City's zoning districts: Multi-Pandly and Service
District as
conditional uses (major arterial street locations);
Neighborhood Service District as a permitted use; Urban Service
District as a permitted use; Downtown Development District as a
g
permitted use; ver:mantand Institutional Service District as a
permitted use; Shopping and Personal Service District as a
permitted u and general Commercial and Service District as a
permitted use.
A "community service organization" is defined in the Land
Development Code as a n profit charitable institution, not to
include social clubs, the primary function of which is serving
the public health or social welfare of the community." The
Council Order requests that the review of community service
organization uses and more specifically "social service agencies"
should focus on the Land Development Code's "definition and
regulation of the location" of these vsAlso, it requests
that "special attention shall be given to the Neighborhood
Service District."
Neighborhood Service District
The Neighborhood Service District is a follow-on to the old
C-1 Zone in the 1974 Zoning Ordinance. The District was created
in the 1960's to identify those uses which had a primary service
area of the immediate neighborhood as opposed to city-wide and
area -wide markets. However, there were extensive areas on three
of the City's arterial streets which were essentially "down
zoned" from a prior •'1«al business" category from the 1960
Zoning Ordinance. This Created a larger number of properties
under the "neighborhood" designation than neighborhood use in
these areas would logically have supported. The areas in
question created a concentration of such uses in the Outer
Hammond Street area between Dean Street and Nest Broadway;
another concentration on Center Street between Jefferson Street
and Cumberland Street; and a third concentration on State Street
between Pine Street and Otis Street. There is also a scattering
of Neighborhood Service District zoned properties in some of the
residential areas such as Garland Street, Ohio Street, etc.
The uses in the Neighborhood Service District are fairly
narrowly defined and include, grocery store; delicatessen; drug
store; laundromat; business or professional office; barber/beauty
shop; shoe repair, small appliance repair; flower shop; community
service organization; and group day cam or nursery school. (As
an aside, there was a review of these uses about a decade ago to
e if they should be expanded to insure better utilization of
these properties in the neighborhood zoning districts, but after
n exhaustive review of a number of potential uses, the list
remained the same •)
present use of the Neighborhood Service Districts includes a
wide range of activities since many of the properties am either
grandfathered for more intensive commercial use or had bass
stepped -down" from more intensive to less intensive commmercial
activity over the years under the Ordinance's n nconformities
provisions. However, it is interesting to note that a large
number of the uses in these districts do comply with the
Neighborhood Service concept as them are a number of convenience
stores, offices, beauty/barber shops, delicatessens, community
service organizations, and small repair shops. Along with the
conforming uses them are a number of nonconforming uses such as
gas stations, auto repair, and more intensive retail uses which
would not, strictly speaking, meet the Neighborhood Service
District definitions. The number of community service
organizations in these neighborhood service districts is fairly
limited. The Ned Cross has its offices on a Mildred Avenue
location and Manna has opened up a soup kitchen at a former gas
station (which was moat recently used as a carpet sales
establishment) on the corner of Center and Jefferson Streets.
Plannina Issues
Other than the fact that we may have too much property in
some areae included in the Neighborhood Service zoning category,
it appears that there is a potential for certain types of
activity to have an impact on residential properties located
around these isolated neighborhood service district properties.
In some cases neighborhood service property is surrounded onall
sides by single-family residential zoning, for example. if an
activity is located on such a property that generates large
numbers of people coming and going or brings into the
neighborhood people who are perceived to represent a threat to
the neighborhood, there is a potential conflict in the use of the
property. The easiest way to handle the issue is to eliminate
the community service organization use from the Neighborhood
Service District all together. However, depending upon the
definition of the community service organization use, that may
not be necessary. also, there is mora potential for conflict In
some locations of neighborhood service district sites than
others, such as those alluded to above, which are isolated
properties in wholly residentially zoned and used areas.
Coswunity Service organization Definition.
There is a temptation to depart from the general, generic
definition of aeommunity service organization included in the
land Development Code and attempt more specific subdivisions of
this useCategary. However, it is difficult in practice to
separate out the various activities of small social service
agencies which may find these small -scaled developments outside
of high rent, retail locations attractive and functional for
their use. Mat small community service organizations, for
ample, combine their administrative office functions and
counseling and treatment activitiesin one building and among the
same staff members. This makes it difficult to draw a line
between when clients will receive specific treatment orservices
and when, primarily, administrative and clerical management of
social service agency activities are being carriedout. The
trend toward deinstitutionalization of various types of patient
populations and the need for more outpatient follow-up for
various types of conditions, which are under treatment has given
rise to the demand for reasonably accessible social service
agency sites, which can carry out multiple service activities.
The recent concern over a soup kitchen on Center Street
illustrates a type of activity which brings a relatively large
number of persons together at a single point in time and has a
potential for disrupting the surrounding neighborhood, while the
overall level of activity may not be disruptive. it may be that
the community service organization definition could have a
distinction as to when places of assembly of a certain number of
persons for feeding or treatment are included as a separate sub
use category.
As a practical matter, the addition of a definition of a
specific activity to the Land Development Code would then break
it out of the generic definition of "community service
organization" and such a use category would have to be dealt with
separately in terms of where it was permitted and the development
standards required to initiate it, etc.
The present distribution of Neighborhood Service Districts
in the community can lead to a high level of exposure of an
1nWividual activity to abutting residential properties and,
therefore, to potential conflicts in the use of such properties.
The present definition of community Service organization is
sufficiently broad to include a wide range of activities which
may or may not be desirable to have in some purely residential
settings. It would be Staff's view that either the whole
community service organisation use category or Some subdivision
of it is inappropriate for the present Neighborhood Service
District distribution in the City and that, therefore, treatment
of these uses in this zoning district should be altered either
through redefinition or elimination of the use.
DATE: December 15, 1994
TO: The Planning Hoard
PROM: The Planning Staff
SUBJECT: Proposed Community Service Organization
Alternatives for land Development Code
There are several general approaches which could be used to
deal with the community s organization use in the Land
Development Code and which would answer the request of the City
Council's Order in this regard. Hirst, the use and definition
could be eliminated altogether, which has some appeal as being a
relatively simple action but, may lead to unforeseen problems a
outlined below. Another suggested approach would be to redefine
the use and try to make it limited in each zoning district by
being comparable or "similar to" other uses allowed as either
permitted or conditional uses in its zoning district. Finally,
the general definition could be defined somewhat to clarify what
is proper and not proper under the banner of "cosmunity service
organization' and the treatment of these uses in the various
zoning districts could be reviewed and modified on a district -by -
district basis. (This might include making such uses conditional
use where they were permitted use previously, etc.)
1. Elimination. The problem with eliminating the use
altogether and doing away with its definition in the Ordinance is
that there can be no direction an the part of the City as to
where and how these uses are established and there can be a
number of difficult determinations to be made by the Code
Enforcement Office as to what kind of use any given application.
is and whether it is or is not 'appropriate to the site in
question. Given the concerns of the conmunity in various
residential areas and the experience that some neighborhoods have
had with an over concentration of such activities, it would
appear responsible to continue to have a community service
organization use and to control it through zoning provisions.
2. Compatible Definition Revision. The suggestion was
made that the community service organization use ould remain as
s both as to definition and to district permissibility if it
were limited to activities which were similar in intensity and
type to those in the zoning district in which it was to be
located. The -pros and cons" of this are that it sounds somewhat
logical and would appear to lead to desirable outcomes, on the
one hand, but, it would leave a number of ambiguous
interpretations to be made by City Staff in Those instances where
such determination is not clear cut. Inevitably, these would be
situations that would turn out to be controversial and have .-
potential impact on their surroundings.
3. Refined Definition and District Review. A more
comprehensive way to deal with the community service organization
use would be to clarify the definition somewhat and to
specifically exempt certain types of activity which my be
inappropriate or cause high impacts in the zoning districts in
which these uses would logically be found. To that end, we would
suggest a definition similar to the following,
-Community Service Organization" 'A non-profit
charitable institution, not to include social clubs,
the primary function of which is serving the public
health or social welfare of the community and which may
include services for and treatment of various client
populations either on -premise or off -premise, but which
shall specifically exclude: manufacturing and
processing activities, operation of places of assembly
where capacity for groups of twenty or more program or
service clients at any one time; and eating or drinking
establishments. -
This definition would rule out the introduction of industrial and
manufacturing type uses under the auspices of community service
organization sponsorship and would eliminate those activities
which bring together a large number of people on the premises of
a CSO at any one given time. (Other development standards,
density controls, etc. would apply as appropriate for the various
districts.)
The treatment of such a revised community service
organization use could be as follows,
1. As a conditional use in the Multi -family and Service
District (as presently allowed);
2. Eliminated from the Neighborhood Service District;
3. As a conditional use in the Urban Service District
(presently a permitted use);
4. As a permitted use in the Downtown Development District
(as presently treated);
5. As a permitted use
e in the Government and institutional
Service District (as presently allowed);
6. As a permitted use in the Shopping and Personal Service
District (as presently allowed);
7. As a permitted use
e in the General Commercial and
Service District (as presently allowed).
This would appear to allow adequate protection for those
urban developed area districts, which are in close proximity to
established neighborhoods, while at the same time allowing for a
variety of zoning districts in which such uses could be located.
Those activities which are eliminated from the revised definition
would be allowed in their own right as primary use activities in
the zoning districts where they are presently permitted and under
the same conditions.
G /i
95-41
Amippedtof nnobi Cohen December 12, 1994
CITY OF BANGOR
(TITLE.) &MU81ModIng Land Development Code Chapter vx1. xx,
Article 14 - Neighborhood Service District
Be ¢ordain d M1at4e Oita C loftys CitsofBanaor• aefoNeum.
THAT Chapter viii, Article 14, Section 4.3 (I) of the Laws and
Ordinances of the City of Bangor be amended by deleting the words
"Community service organization,' and inserting In its place the
followingz
"x. Office facilities operated by a community service
organization,--.
STATEMENT OF FACTt This amendment would limit the 'community
service organization" use in the Neighborhood Service District to
office activities.
IN CITY COUNCIL
December. 12, 1994
Introduced Under Suspension
of the Rules
,Vote on Suspension Of Rules -
Passed
First Reading Referred to
Planning Board
CITYPLEAR
IN CITY COUNCIL
January 9, 1995
P d As Red by Substitution
/00
BE
95x41
ORDINANCE
( 'TITTLE,) Amending Land Development Code '-
Chapter VIII, Article 14 - Neighborhood
Service District.
Designed to