HomeMy WebLinkAbout1994-03-28 94-144 ORDINANCEDam rile 11 n
IItem No. 94-144
Item/Subject: Nrending Land Development Code - Chapter VIII, Article 11,
Section 2.18 - off Street Parking - C.O. # %-144
Responsible Department: Planning Division
Commentary:
The Planning Board held a public hearing on the above -noted string amendment
at its meeting of April 5, 1994.
Kan Gibb, Director of Coermmity and Bconcric DevelOpaent, spoke in favor of the
amendment. No one spoke in oppoaititn.
The Board: voted 5 to 0 in favor of a motion to redtarend to the City Council
that the swung amendment contained in. C.O. a 94-144 to approved.
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Manager's Commen�.a��yp cTrcx
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Associated Information: QAAL441"
Budget Approval -
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Legal Approval:I5" / Mt-P9Jile5 Ips
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Introduced For
Opener
[]First Reading _ Page_of_
DReferml
94-144
Aoipmdto Commgor Popper March 28, 1994
CITY OF BANGOR
(TITLE.) &NITMMeC Amending. Land Development Code chapter. VIII,
Artiel 11, Seetion 2 18 Oft Street Parking
$Rmpa Ey de City Cana l of Me City dBaupar. as Moms.
THAT, the Land Development Code, Chapter VISI, Article 11,
"Section 2.18 - Off Street Parking Regulations be amended as
follows:
2.18 in the Downtown Development District and waterfront
Development District only, the Planning Board may grant a
special exception to the above off-street parking
requirements in situations where: (1) private paid parking
facilities are available within 500 feet of the site to meet
such requirements; or (2) private parking within 500 feet of
the site is available to meet such requirements due to
differences in time of use; or (3) o----_c-^as" --oe
physical limitation. which cannot be evert me without
creating a undue economic hardship prevenots the owner from
otherwise meeting the above off-street parking requirements
provided that the recipient of such a parking waiver shall
pay an amount equal to $1,500 for new construction Land $799
none for rehabilitation of existing floor areal per space
waived into the City's Parking Development Fund at the time
of receipt of a building permit for such project.
STATEMENT OF FACT: This amendment eliminates the parking waiver
fee for projects which involve rehabilitation
of existing buildings. Additions are
underlined and deletions arestwu: k oat.
In City Council April 25, 1994:
Passed Vote 1 yes 1 Ab 1 Absent'
Voting -Yes Beldacci, Blanchette, Cohen
Shubert, Soucy, Sullivan Tyler
Voting No Popper Absent Stone
C1tVClerk
94-146
ORDINANCE
IN CITY COUNCIL
Match 28, 1994
Referred- to Appropriate
( TITLE.) Amending Land Development Code -
omm1[an
4-1-
Chapter VSII. Article 11. Section 2.18 -
TCLEI to--
Off Street Parking.
A.dgesdm
In City Council April 11, 1994
Motion to Refexr to Couaunity
and Economic Oevelopaent Coamdttee
PPaan/seeeddam
n
T/' CpIM tLWffi
cuty Clerl,
In City Council April 25, 1994:
Passed Vote 1 yes 1 Ab 1 Absent'
Voting -Yes Beldacci, Blanchette, Cohen
Shubert, Soucy, Sullivan Tyler
Voting No Popper Absent Stone
C1tVClerk
94-144
Excerpt from Staff Memorandum for April 5, 1994 Planning Board
Meeting.
.Item No. 9: Ordinance Amendment - Amending Chapter VIII,
Article 11, Section 2.18 - Off Street Parking -
C.O. 94-144. -
a. This proposed amendment to the off-street parking
regulations would eliminate the requirement for the payment
of a fee for the waiver of parking spaces under these
provisions of the Land Development Code for rehab oroiects
Only. The rationale behind this amendment is that there are
relatively few properties which have not been rehabilitated
over the last 15 years and that several of those are very
large projects, which face formidable barriers in terms of
economic feasibility of rehabilitation. If the fee for a
waiver of parking is added to these alreadyinsurmountable
costs, it will be more difficult to find feasible
rehabilitation projects.
b. Also, in eviewing this section of the Ordinance, a question
was raised about the language under subparagraph (3) which
relates to granting avr due to the limitation of
physical space to provide parking. The language relating to
"economic hardship- was not clear and it was
suggested that
the intent of this language was to clarify the physical
limitation condition, which allows for the waiver of parking
where there is not space available to the person developing
the downtown parcel to provide it. The 'economic hardship"
language was included in this provision to make it clear
that some extremely expensive solutions (such as building a
parking garage under the building or adding two stories to
the top of it) would not disqualify a person from the
It is felt that the restatement of the economic
hardship language clarifies this provision'. -
c. Staff would recommend that this amendment to the off-street
parking provisions in the Downtown Development District and
Waterfront Development District be recommended to the City
Council.