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.