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HomeMy WebLinkAbout2018-02-26 18-123 ORDINANCETitle, Ordinance 18-123 02/26/2018 CITY COUNCIL ACTION Council Meeting Date: February 26, 2018 Item No: 18-123 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Amending Chapter 165, Land Development Code, Section 165-93, by Limiting Ground -Floor Residential Units in the Downtown Development District Summary This ordinance would limit ground -floor residential units in Bangor's downtown. As our downtown continues to revitalize and demand for downtown living continues to grow, an increasing number of ground floor spaces are being renovated into residential spaces. If allowed without restriction, this trend could reduce the vibrancy of the downtown area, making it less attractive to both residential and commercial uses. First floor residential units are also not well suited to the more commercial areas of downtown, given the noise and lack of privacy of these areas. This ordinance would prevent residential units from being located on the ground floor of major commercial areas in the downtown, preserving the urban, commercial character of downtown and reducing conflict between commercial and residential uses. An appeal process would exempt the property if it were otherwise unable to earn an economic return on its value. Committee Action Committee: Business and Economic Development Action Staff Comments & Approvals Meeting Date: February 20, 2018 For: Against: As this is an amendment to the Land Development Code, it should also be referred to the Planning Board meeting of Tuesday, March 6. m City Manager Ci Solicitor Finance Director Introduced for: First Reading and Referral CITY COUNCIL ORDINANCE Date: February 26, 2018 Assigned to Councilor: Davitt 18-123 02/26/2018 ORDINANCE, Amending Chapter 165, Land Development Code, Section 165-93, by Limiting Ground -Floor Residential Units in the Downtown Development District WHEREAS, as our downtown continues to revitalize and demand for downtown living continues to grow, an increasing number of ground floor spaces are being renovated into residential spaces; WHEREAS, if allowed without restriction, this trend could reduce the vibrancy of the downtown area, making it less attractive to both residential and commercial uses; and WHEREAS, first floor residential units are not well suited to the more commercial areas of downtown, given the noise and lack of privacy of these areas; 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: § 165-93 Downtown Development District (DDD). C. Permitted uses. The following uses are permitted in this district: (14) Residential units, provided that: U All residential units located adjacent to the following public ways and parks must be wholly located above the ground floor: f 11 Broad Street between West Market Square and Washington Street. f 21 Columbia Street between Hammond Street and Middle Street. f 31 Central Street between Harlow Street and Hammond Street. f 41 Exchange Street between State Street and Washington Street. f 51 Hammond Street between Court Street and the Kenduskeag Stream. f 61 Harlow Street between State Street and Franklin Street. f 71 Main Street between Union Street and Hammond Street. 18-123 02/26/2018 f 81 Merchant's Plaza between West Market Square and Water Street. f 91 Pickering Square. 1-101 State Street between Broadway and the Kenduskeag Stream. 11 West Market Square. fW Notwithstanding subsection (a) above, a residential unit may be located on the ground floor adjacent to a public way or park listed in that subsection if, upon appeal to the Board of Appeals, the property owner can demonstrate that the property is otherwise incapable of earning an economic return on its value as appraised by a qualified real estate appraiser. Additions are underlined, deletions strueak threugh. MEMORANDUM DATE: March 7, 2018 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Chapter 165-93 — Limiting ground floor residential units in the Downtown Development District. Council Ordinance #017-123 Please be advised that the Planning Board at its meeting on March 6 2018, held a Public Hearing on the above Zoning Amendment to revise the Land Development Code relative to residential units in first floor commercial spaces in the Downtown Development District. Chair Boothby opened the Public Hearing and Planner Sean Gambrel provided the Board with an overview of the proposed amendment. Planner Gambrel noted that an increase in downtown redevelopment has prompted some developers to replace first floor commercial space with residential space. The conversion of these spaces has a twofold impact, as it takes away street activity related to store front shops, and secondly the residentail units seek privacy and security for dwellings at the street level. The proposed text amendment would still allow residential first floor spaces on streets outside of the core of downtown, such as York or Franklin Streets. Further, if it could be demonstrated that such a limitation would be an economic hardship, the applicant could request a waiver from the Board of Appeals. All existing first floor units would be legal grandfathered units. Member Durgin asked how many units likely are in existence now on the first floor(s). Mr. Gambrel noted approximately a dozen. Chair Boothby asked for public comments on the proposed amendment. Greg Edwards spoke in favor of the proposed amendment. He noted his business moved downtown for the lively interactive environment downtown provides. He also noted the City had spent a large sum of money to make West Market Square a vibrant pubic space, and that the gates installed on doorways for the first floor residential units there detracted from the community feeling considerably. Ann Marie Orr indicated she was a business owner downtown and was not in favor of adding more restrictions to development downtown. She was concerned that the next step might be to limit other uses deemed not interactive, such as office 2 spaces. She believed the building owners ought to decide what is best for their building and that the market would determine what was economically feasible or not. Member Durgin made a motion to recommend that C.O. #18-123 be adopted by the City Council. Member Guerette seconded the motion and the Board voted six in favor and one opposed to send a positive recommendation to the City Council. IN CITY COUNCIL FEBRUARY 26, 2018 COr 18-123 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF MARCH 6, 2018 CITY CLERK IN CITY COUNCIL MARCHH12, 2018 COr 18-123 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUNCILORS VOTING YES: DAVITT, GRAHAM, NEALLEY, NICHOR$ , SUPICA, TREMBLE, WESTON, SPRAGUE COUNCILORS VOTING NO: GRAHAM PASSED 4A) Q, Zr31404:,4)CITY CLERK