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HomeMy WebLinkAbout2017-12-27 18-064 ORDINANCETitle, Ordinance CITY COUNCIL ACTION Council Meeting Date: December 27, 2017 Item No: 18-064 Responsible Dept: Legal Action Requested: Ordinance 18-064 12/27/2017 Map/Lot: N/A Amending Chapter 165, Land Development Code, Section 165-72, by Removing the Requirement that Neighborhood Service District Parcels be Previously Established in Order to Benefit from Relaxed Parking Restrictions Summary A year ago, an ordinance amendment relaxed parking requirements for Neighborhood Service District (NSD) parcels, allowing them to have five fewer required parking spaces than would otherwise be permitted. The exception only applied, however, to existing NSD parcels. This amendment would allow any NSD parcels to benefit from this five -space parking exception. This will assist in the redevelopment of parcels that are rezoned NSD in the future. Committee Action Committee: Action: Staff Comments & Approvals Meeting Date: For: Against: C"�1 Y (��k /;W City Manager fity Solicitor Introduced for: First Reading and Referral to Planning Board Meeting of January 2, 2018 Finance Director CITY COUNCIL ORDINANCE Date: December 27, 2017 Assigned to Councilor: Perry 18-064 12/27/2017 ORDINANCE, Amending Chapter 165, Land Development Code, Section 165-72, by Removing the Requirement that Neighborhood Service District Parcels be Previously Established in Order to Benefit from Relaxed Parking Restrictions WHEREAS, at present, Neighborhood Service District (NSD) parcels benefit from a partial exception to parking requirements if they were established as NSD parcels before January 1, 2017; WHEREAS, in order to provide for economic development and reuse of certain parcels in the City, there are parcels that would appropriately be rezoned NSD, and these parcels should benefit from the same parking exception; 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 is amended as follows: § 165-72 Required number of spaces. A minimum number of off-street parking spaces shall be provided and maintained by the owner of every building or property hereafter erected, altered or changed in use, in accordance with the following requirements: R. Exemptions from the requirements of this § 165-72 are as follows: (3) Uses in Neighborhood Service District parcels are permitted to have five fewer parking spaces than would otherwise be required under this section. If the number of parking spaces required would as a result be zero or fewer, then no parking spaces are required for that use. Additions are underlined, deletions strueak threugh. MEMORANDUM DATE: January 5, 2018 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Chapter 165-72, removing date of establishment for NSD zone for reduction of off- street parking, Council Order #018-064 Please be advised that the Planning Board at its meeting on January 2, 2018 held a Public Hearing on the above Zoning Amendment to revise the Land Development Code relative to changes to required off-street parking in the Neighborhood Service District (NSD). Mr. Paul Nicklas, Assistant City Solicitor, presented the text amendment to the Board. He explained that roughly a year ago the zoning ordinance was amended to reduce parking required for NSD sites if it was an existing Neighborhood Service District. Staff would like to remove that requirement for only existing NSD zones, but to include future, NSD sites as there are a number of parcels that could operate as neighborhood service uses which have not previously been zoned NSD. No member of the public spoke for or against the amendment. Chair Kenney asked for the staff report. Planning Officer David Gould stated that the original reason for this change was that because NSD zones are largely grandfathered, the parking exemption was to be only for existing grandfathered NSD uses. He expressed concern that this exemption without the grandfathering stipulation could motivate developers to seek NSD to avoid parking, whether it's a resource to the neighborhood or not. Mr. Gould noted that this is not an uncommon problem, and there are spots like this throughout the city. In addition the Comprehensive Plan and zoning identify many of these parcels as residential in an attempt to clean up some nonconformities. Mr. Nicklas advised that we're trying to encourage neighborhood service uses and many of these uses have been difficult to redevelop because options are limited based on their being grandfathered. Member McCarthy asked what the parameters of NSD are now. 2 Mr. Gould indicated that NSD is fairly restrictive; no drive-in businesses, or alcohol service are permitted and commercial space is limited to 2000 S.F. with specific hours of operation. Typically, these are not uses will generate a great deal of traffic or parking. Chair Kenney noted that because zone changes are public hearings, neighbors would have an avenue to voice concerns to the board, and that this would provide flexibility for appeals. Member LeBlanc moved to recommend the Council approve the text amendment as presented by staff. Member Durgin seconded the motion. The motion was passed unanimously. IN CITY COUNCIL DECEMBER 27, 2017 COr 18-064 FIRST READING AND REFERRAL TO PLANNING BOARD MEETINGF OF JANUARY 2, 2018 CITY CLERK IN CITY COUNCIL JANUARY 8, 2018 COr 18-064 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 9-0 COUNCILORS VOTING YES: DAVITT, GRAHAM, NEALLEY, NICHOLS, PERRY, SUPICA, TREMBLE, WESTON, SPRAGUE COUNCILORS VOTING NO: NONE PASSED 4-„ , �cl c-aDCc,+'-tom✓ CITY CLERK