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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. Owd Manager's Commen�.a��yp cTrcx Ti Associated Information: QAAL441" Budget Approval - (xxe P'rce Legal Approval:I5" / Mt-P9Jile5 Ips aArmalivt uoi�9 t, 4A01 P0950<jC caysiasch. 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.