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
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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