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HomeMy WebLinkAbout2021-03-22 21-126 ORDINANCE21-126 03/22/2021 CITY COUNCIL ACTION Council Meeting Date: March 22, 2021 Item No: 21-126 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: 42/66 Title, Ordinance Amending Chapter 165, Land Development Code, District Map, by changing the Parcel of Land addressed at 16 Union Street (Assessors Map 42, Lot 66) from the Waterfront Development District (WDD) to the Downtown Development District (DDD). Summary This Ordinance seeks to change the zoning district at 16 Union Street from Waterfront Development District to Downtown Development District. If approved, the zoning change would allow the property owner to make improvements to the property consistent with the Downtown Development District including outdoor seating. The property adjoins the Downtown Development District and the building currently functions in operation, scale and form akin to a downtown building. The Comprehensive Plan shows this area as transitional from downtown to waterfront. Committee Action Committee: Planning Board Action Staff Comments & Approvals City Manager Director Introduced for: First Reading and Referral Meeting April 6, 2021 Date: For: Against: City Solicitor Finance 21-126 03/22/2021 CITY COUNCIL ORDINANCE Date: March 22, 2021 Assigned to Councilor: Fournier ORDINANCE, Amending Chapter 165, Land Development Code, District Map, by changing the Parcel of Land addressed at 16 Union Street (Assessors Map 42, Lot 66) from the Waterfront Development District (WDD) to the Downtown Development District (DDD). WHEREAS, at present, there is no opportunity to expand the business for outdoor seating; WHEREAS, in order to provide support to businesses for outdoor seating, the City Council has looked to zoning measures to provide this support; WHEREAS, the lot is adjacent to the Downtown Development District and contains a building that is typically found in an urbanized setting; 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: The Zoning District Map is hereby amended by changing the Parcel of Land located at 16 Union Street (Assessors Map 42, Lot 66) from the Waterfront Development District (WDD) to Downtown Development District (DDD). To: Honorable Bangor City Council Cathy Conlow, City Manager Tanya Emery, Director of Community of Economic Development CC: Josh Saucier, Assistant City Solicitor Jeff Wallace, Code Enforcement Officer From: Anne Krieg, AICP, Planning Officer Date: April 7, 2021 Regarding: Zone Change — 16 Union Plaza — Map -Lot 042-066 from Waterfront Development District (WDD) to Downtown Development District (DDD), Mark Greenleaf, applicant — RJL Associates, Inc., property owner Please accept this memorandum as the record of the Planning Board's recommendation for the above -noted item, as duly advertised, noticed and posted, at their public hearing on April 6, 2021. The meeting was conducted on Zoom. The applicant reviewed the need to place an awning for outdoor seating to accommodate customers. Awnings are subject to setbacks under the Land Development Code. Board members discussed if the applicant can use parking spaces like other businesses downtown have done. There was concern of zoning this lot without analyzing the whole area. No abutters were in attendance. Steven Brough, Bangor resident, spoke about the request, expressing concern regarding the city not supporting the business community by allowing the awning without a zoning change. Board members responded that the code must be followed and staff has produced many code changes to help the business community during this past year. Staff reviewed the differences between the 2 districts, noting the block functions like a city block. Most properties in this block already are nonconforming as to setbacks. See table below that was in the staff report to the Planning Board Bangor Planning Division Record of Planning Board Vote 4.6.21 16 Union Plaza Minimum Minimum Minimum Maximum Minimum Lot Maximum Minimum Front Side Rear Yard District Area (square Lot Lot Yard Yard Depth Zoning Height feet) Coverage Width Depth Depth (feet) (feet) (feet) (feet) (feet) District Downtown None None None None None None None Development (DDD) Waterfront 65; except 35 10,000 70% 100 0 20 20 Development in the (WDD), Shoreland permitted uses Zone within 250 feet of the mean high-water mark of the Penobscot River The Planning Board passed a motion to recommend the order ought to pass. The motion was made by Member Shaw and seconded by Member Bazinet. The motion carried by a yes vote from Members Shaw, Brush, Bazinet, Kenney, and the Chair, Ken Huhn. Member Perkins voted against the motion. Page 2 12 IN CITY COUNCIL MARCH 22, 2021 Cord 21-126 Motion made and seconded for First Reading and Referral to Planning Board Meeting of April 6,2021 Vote: 9—0 Councilors Voting Yes: Davitt,Dubay,Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague,Tremble Councilors Voting No: None Passed �'kl' i (,;) CITY CLERW IN CITY COUNCIL APRIL 12,2021 COrd 21-126 Motion made and seconded for Passage Vote: 8—0 Councilors Voting Yes: Davitt, Dubay,Fournier,Nichols, Okafor, Schaefer, Sprague Councilors Voting No: None Councilor Hawes temporarily out of meeting. CITY CLERk