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HomeMy WebLinkAbout1995-12-11 96-51 ORDINANCEDate July 22, 1996 Item No. 96-51 Item/Subject: Amending Land Development Code - Chapter VIII, Part II, Article 3, Section 2 and Part III, Article 19, Section 6 Nightclub Use in the Downtown Development District - C.O. S 96-51 (Amended) Responsible Department: Planning Division The Planning Board, at its regularly scheduled meeting of July 167 1996, held a public hearing on the above -noted zoning amendment. No one spoke either in favor of or in opposition to the zoning amendment, as amended. The Planning Board voted 5 to 0 in favor of a motion to recommend to the City Council that the zoning amendment contained in C.O. Y 96-51 (Amended) be approved. Departissfit Head Mans er's Comments:"Ma:Do a jx City Manager Assocl�t tl Informzt 6 ay -96 /2-:(- Scaysfm:(j {,. "'4`, :Ff.f"MY"' -a19 u9 4d^1 a ..wcen.� mnA4�ayinv9evLmdnm) Budget Approval: Finance Director Legal Approval: Ctty Solicitor Introduced For X Passage First Reading page -.L- of 1 Referral to Planning Board 91-51 Asa4pM to C000cJor((AMENDED) Fesr RmwJ♦ 4) :u p CITY OF BANGOR rnni.) s....Amending_ Land_ Development_Code ___-_ Chapter_ VIII.,... Part II, Article 3, Section 2 and Part III, Article 14, Section 6 - -Nightclub-Use-in the -Downtown -.Development District-- ------ Be it ordaiud by fAe City ComaH otWCitenfBaap .ufoHaws: 3THAT Chapter VIII, Part II, Article 3, Section 2 of the Law and Ordinances of the City of Bangor be amended by adding the following: tclub. Dance Dia - Any eating drinking etabl' bm 1Habl p h a capacity accommmodate 300 or re entertainment facility offering opnortunity to 300 or Mrs versons to dance ine• view entertainment. Wrtake of food or baanmra� or congregate for other purposes. AND BE IT FURTHER AMENDED THAT PART III, Article 14, Section 6.4 "Conditional Uses" be amended by adding the following- B, ollowing" $ .. _..—... _.. _B , Club. Dance Hal -__.. -__"----_. _—_— l. iu Smoh use =at hams an ggtablished -hours of operation" which specifj=jjy Agfjp-- {R- durina which said use will be allowed to ove"te. 2bg get uch hours as a condi!!92n!!oit!oMdrM under this section. 44 SPph use =at establish a specificallyKill "the number of versons allowed within the building such occupancy limit will be a condition to any underapprByal h' 4-31 A DQUe limit will be 99tablished maxiasun of eu will mt be exceeded in a shutting structure- on shutting property, or within the public right-of-wav = any oublic area- �_u AppliCga Mgt demonstrate ab the eatablislument's Datrons. Ruch parking spa be located within 500 feet of the build housina the noo: and te under the control of the Q�Kmtgx Qx 14 smAT@ W OF PACT: Additions aY underlined. 96-51 (AMENDED) Aeegaed to Cammlw Nwu.e+ Aaendmtt�'. CITY OF BANGOR (TITLE) VnrbhtmtCR�_. dmending.Land ...nevelopmeni.Code.....-...- chapter ._ m.,... Part II, Article 3, Section 2 Bad Part III, Article 14, Section 6 - Nightclub -Use -in -the -Downtown -Development -District- ---- --- Be K ordatnrd 6y Bw CiW Cwaaif dW CiW ofBaaPx, ae 7dlow: THAT Chapter VIII, Part II, Article 3, Section 2 of the Laws and Ordinances of the City of Bangor be amended by adding the following: xa11 eatab ith a capacity t otlate 300 or mom cartons) or any entertaimmmit-taGlilty offorina opportunity to 300 or more Persons to dance. mQGiglize- view entertainment. operation extend beyond 11:00 0 AND BE IT PURTHER AMENDED THAT PART III, Article 14, Section 6.4 "Conditional Uses" be amended by adding the following" B b operation� which spacifically defines the time durina which said use he allowed to operate. Such hours will be a this section, waximum of 65dBl, will not be exceeded in any abutting structure- on abutting procerty. or witbin the cublic right-of-way QX-ADY-XmhLi� the hours of operation to serve hl i �hment 91 patrons, Such Parking spaces Mgt - ho located within 500 feet of the buildLa housing the use- and b. be under the control of the operator or owner Qf the establishment fas evidenced in preminesl and/or must be public narkina which is available durina t STA EUW M FACT: Additions are underlined. Date 3une 24, 1996 Item No. 6'6' Item/Subject: Amending Land Development Code - Chapter VIII, Part II, Article 3, Section 2 and Part III, Article 14, Section 6 - Nightclub Use{{ in the Downtown Development District - C.O. $ 9p-51 (Amended) Responsible Department: Planning Division For Referral to Planning Board. This Ordinance has been 'amended to delete condition No. 5. The Community and Economic Development Committee has recommended that this be referred to the Planning Board for additional review. t //a DeParts Head Manager's Comments: if15 )TEE% gtfca4b U ffmewafz ?ErtMfb AGhiN TD THIL ej, r im..«%[A` PkIWOWC Pions City Manager Associated U�I�IX .S^nFfoQrmation: 0�(1yy,,,q, pp I .44 Budget Approval: Finance Director Legal Approval: n4 /) City Solicitor Introduced For Passage First Reading Page 1_ of I _Z_ Referral to Planning Board COUNCIL ACTION Date: 12-11-95 Item No 96-51 Itea/Subject: Ordinance, Amending Lana Development Code --Chapter VIII; Part II, Article 3; Section 2 and Part III• Article 14, Section 6 --Nightclub Use In the Downtown Development District Responsible Deparcaent: Community and Economic Development Committee At Me request Of SaVeral Mainers Of the City Council, City staff has worked anan approach to problem associated with large nightclub and entertaincent facilities in the Downtown Development District. This xa requested several coatings ago by the Community and Economo Development Committee. The general approach i orporated in the attached ordinance was subsequently reviewed with the committee as was the actual draft of the ordinance asrcntlment. In essence, the attached amencrent to the lana Developmet Code mould establish nightclub and antertei::ment facilities as a conditional use in the n omtown Development District. Ey moving these larger establishments into the conditional use, the impact of such facilities n Me downtown would be separately evaluated by the Planning Doara. Such facilities would be approved if they: established hours of operation; establish a maximum occupancy which me will llmit the hurler of persons allowed within the building at any one ti; comply with a sixty-five dam noise limit in any abutting structure, on abutting property, on within the public right of way; and demonstrate sufficient parking i available during the hours of operation to the establimsent•s patrons. askinto meet the need of any establishment's patrons would be based on Me location of ,ch parking within 500 feet of the building and that such parking would be under Me control of the operator or Owner of the establiaheent Or be public parking which is available during the hours Of operation. The standard which would be used for establishing parking would be based on actual use. Por xanwle, we rurally require one parking apace per four seat, in restaurants. Thus, a restaurant which would serve 300 individuals weula require 75 parking spaces. Once this ordinance amendment has received first reading, it will be scheduled for the Planning board. At the present time, we saturate that this Stns will be before the Planning Dara at its meeting of the 19th of DeselMet If this schedule is met, a recommendation would be available to the City Council for its meting of December 27th. It subsequently adopted by Me Couhcil, it would go into effect on January 6, 1996. rTTV v e' R Associated Infornation: Ordinance Legal Approvals -rk5 1F p /yqp✓i N5 a a rma ive pok D/ 3)x Ci{/ (p✓nfi(or5 paw /pr'na� �O//f,wd f}F � Wyd aP planning #0ord raPM04P d/r'1' � Td AI IU/✓d CITY SOLSCS Introduces Passage Rifat aeadin,9 n^ eIPage- of--Referral Ys y/�a0vne/1 b+a` l9� lCl �� 96-51 Amlge to Councilor Popper December 11, 1995 CITY OF BANGOR MTLEJ UryrbhUU tty Amending. Land Davalopmsnt Code -.Chapter V1XI. Part II, Article 3, Section'2 and Part III, Article 14, Section 6 - Nightclub Uae_in the DgwAtown_ Deyelgpment.Diatilct.... ........... Beitord isedby0w CUP CwscBefVw CYgafBss ,gefdkwe: THAT Chapter VIII, Part II', Article 3, Section 2 of the Laws and Ordinances of the City Of Bangor be amended by adding the following, Nightclub, Dance Hall Disco eating or drinkin geftablishmenr sexoring 3uu or more vatrons (with a cgpacityt acconabodate 300 facility offering t 'C to 300 or more persons to dancer i 1' 1 ek f faotl b or congregate for other mrnoses. AND BE IT FURTHER AMENDED THAT PART II1, Article 14, Section 6.4 "Conditional Uses- be amended by adding the following" E. Ni ht Club. Dacca Hall Disco provided thatz 11 Such USQ =at have an gatablished 'hours of overatlon'which avecifically defings the tina during which said use will be allow� ed to o rate. The Planning Boardma set such houraas condition of its approval under this section. Lai Such use mast 1'sh a'maximum occucancy- which ill specifically limit the nundeerf cersons allowed within the building at any one time and such limit ill be n condition -aPproVal under this section. 131 A noise limit will be established such that the Mgimum f 65dill not be exceeded In abutting structure• on abuttingyMoerty. or within the oublic right-of-waypuhlic area. 131 Applicant must demonstrate that sufficient carting is available during the hours of operation to saarme 96-51 the establishment's patrons. Such parking spaces must: a. be located within 500 feet of the building houa'na the uses and Is. be under the control of the operator or owner of the establishment las evidenced in a binding written acreemsmst between operator and the owner or his/her agent of the parking Premises) and/or must be Pabllc Parking which is available cation the h=§ 21 opgratign determined by the City of Bangor City Engineer), 1@.). Applicant must demonstrate that the proposed use meets the Provisions of Article 2, Section 8 of this Ordinance and that in addition to the provision of adequate utilities las recuired in lc la 2 the of the conditional use will be assured by Providing aiand coam n ase t a a ehe and mthe safety end control of the 'mximuo of She building by the u STATBMSBT OF FACT: Additions are underlined. IN CITY WUNCIL 96-51 December ll, 1995 ORDINANCE First Reading Referred to gnning Board 1 TITLE,) gmending Land Development Code - J Chapter VIII, Part II, Article 3, Section [rC CLERK 2 and Part III, Article 16, Seciton 6 - Nightclub Use in the Downtown Development District. IN CITY COUNCIL December 27, 1995 ��wedio Tabled -Referred to Council Workshop V(�,2) Vote: 5 yes, 3 no, l absent tlam Couacri, voting yes: BaldacFrankel, teen, Popper, 6 Woodcock k Councilors Voting n Blanchette, Soucy 6 Tyler Councilor Abse ullivan CITY CLERK I Y COUNCIL June 26, 1996 Notion to Amend by Substitution Passed Notion to Ref ack to Planning Board Passed \ CRTY Clet N CI COUNCIL in v 22, 1996 Notion to Mien by Substitution Passed Passed As Amended by Substitution Vote: 5 yes, 3 no, t absent Councilors voting yes: Raldacci, Blanchette, Frankel. Popper b Woodcock Councilors voting no: Soucy, Sullivan 6 Tyler Councilor Ab e6[: Leen Excerot from Staff Memo for 712/96 Board Meeting Item No. 6v City Council Referral - C.O. # 96-51 - Nightclub Use in the Downtown Development District a The proposed amendment contained in Council Ordinance 96-51 was before the Planning Board for public hearing at its December 19, 1995 meeting. At that time the Planning Board recommended against the amendment.. The Council tabled the item and referred it to the Community and Economic Development Committee for further review. You will recall that thele was a joint meeting with the Community and Economic Development Committee and the Planning Board to discuss this issue (after it had been referred back to the Council from the Planning Board public hearing). At the Council meeting on June 24, 19961 the Ordinance was amended to delete condition No. 5 (which 'related to the management and control of the activity by the nightclub managers). The amended Ordinance was then. referred back to the Planning Board for further review antl suggestions. b. At the time of the Planning Board public hearing there seemed to be a great deal of confusion about the purpose of the amendment and there was som suggestion that it was aimed at a particular establishment, which had a liquor license application Pending before the Council. Those attending the public hearing also spoke (in some cases) in terms of the pending application and the potential impact of the use of the old Grants building for such use. C. while many of the concerns raised about these uses in the downtown cannot be addressed in the Land Development Code and are not, therefore, within the purview of the Planning Board's responsibilities, there are legitimate land use impact issues which have been raised. The question Is whether having a land use review with certain specific conditional use Criteria is worthwhile for this rather unusual type of activity in the downtown or whether such Deveshould be left without review (under the Land lopment Code). d. One Issue which was raised by the Planning Board was whether or not this type of use should be or shouldn't be allowed in the downtown area at all. Since there are so many similar uses which are permitted, it appears that it is largely a matter of scale and Impact, not a particular land use that is at issue in this case. Therefore, the question to whether an appropriate set of conditional use standards could be developed which would help address the Impact of this activity in the downtown area from a land use - standpoint. e. Other aspects of these applications (such as those considered by the City Council under the application for a liquor license) can also help the Council in dealing with these uses. However, these are limited to the "track record' of holders of liquor licenses, etc. While area Planning Board members have been concerned that they are being asked to address irrelevant factors in regard to these uses under the Land Development Code, Councilors feel that they are being asked to address land use impact issues under the liquor licensing procedure. It would appear that it is reasonable and proper for the City to take into account both land use impacts and the character and complianceissues, when such activities are proposed. However, each aspect of these uses should be dealt with within the context of the appropriate ordinance and review procedure. f. The amendment of the original proposal to eliminate the fifth standard under the conditional use criteria (which was somewhat vague and difficult to interpret) leaves us with a more clear cut amendment to the ordinance. Planning Hoard Hembers may feel that some of the other conditions need review and/or revision as well. Subject to such revisions, we would recommend that the Planning Board reconsider this amendment as a legitimate provision of the City's Land Development Code to deal with an extraordinary use impact in the Downtown Development District. Excerpt from Staff Memorandum for December 19, 1995 Planning Board Meeting. Item No 3: Zoning Amendment - Chapter VIII, Part ii, Art. 3, Sec. 2 and Part III, Art. 19, Sec. 6 - Nightclub Use in the Downtown Development District. - C.O. i 95-51. a. The City Council has been concerned about the introduction of large-scale nightclub activities into the downtown area without any review by the City other than that afforded under State liquor license application. Recently, the Community Bud Economic Development Subcommittee of the Council asked Staff to look into possible treatment of such uses in the Downtown Development District and report back to it. The enclosed memorandum dated November 21, 1995 is an response to that request and lays out the basis for the zoning amendment which was ultimately introduced. b. As the memo indicates large-scale, nightclub type uses (those serving 300 or more persons) would become conditional USOS in the Downtown Development District and as such there would be a list of specific development standards applied to such use relating to: the hours of operation; determination of a maximum occupancy; a noise limit; the provision of Parking; and the applicant's ability to support and manage the use in the building in question. The reason for the "hours of operation" and "maximum occupancy- determination is to provide a basis for the review under the other criteria. For example, the parking can be provided through the concept of "shared parking," which allows for the use of parking. spaces which are not in demand during off hours (the evening in this case). (Many times, these buildings in the Downtown Development District will either be grandfathered for parking requirements otherwise under the Ordinance or be eligible for a parking waiver, a unique situation relating to the downtown development district.) obviously, the hours of operation and number of patrons directly influence any parking analysis. C. Given the potential for a tremendous impact of such uses n the downtown area in general and more particularly, in the environs in which it is located, it would appear sensible to have further review of Boon uses before they are established. Staff would recommend that the Planning Board recommend the zoning amendment in C.O. R 96-51 to the City Council.