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Home My WebLink About2022-12-12 23-033 ORDINANCE 23-033 12/12/2022 �� p�� CITY COUNCIL ACTION �'�' °�� Council Meeting Date: December 12, 2022 ,4� ,� `�°��'` �� Item No: 23-033 ��,,�. � °"= ° �� Responsible Dept: Planning/Legal � �,� ��.��p��.�` Action Requested: Land Development Code Text Change Map/Lot: N/A Title, Ordinance Amending Chapter 165, Land Development Code, by Adding Museum as an Allowed Use in the Urban Service District (USD) Summary Staff is working with an existing museum operator who wishes to relocate to a property on Broadway. The property is zoned Urban Service District. (USD) In looking at the properties that are zoned USD, they are mostly congregated on Main Street, Broadway, and State Street. Main Street was slated, in the most recent Waterfront Master Plan, to become an entertainment district. This use, a museum, would fit into that plan. Other areas on State Street and the noted area on Broadway could allow for a museum use, as this use typically has a low impact on abutting neighborhoods. Other entertainment uses are allowed in USD, so this is in keeping with the existing zoning practice for the district. Committee Action Committee: Planning Board Meeting Date: December 20, 2022 Action: For: Against: Staff Comments &Approvals BED review 11.21.22 . � City Manager City Solicitor Finance Director Introduced for: First Reading and Referral 23-033 12/12/2022 CITY COUNCIL ORDINANCE ��p'�.,�A�r�;..�, C��; �, �� '� Date; December 12, 2022 �� '� � m:. ,� , �� ,r��,,,�: � Assigned to Councilor; Schaefer �� V�� .. ORDINANCE, Amending Chapter 165, Land Development Code, by adding museum as an allowed use in the Urban Service District (USD) WHEREAS, at present, there are underutilized buildings in the Urban Service District (USD); WHEREAS, other entertainment uses are allowed in the USD; WHEREAS, this effort will allow for a museum to relocate to Bangor; 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: § 165-92 Urban Service District (USD). C. Permitted uses. The following uses are permitted in this district: (4) Museum ffi W M e �'1 f� ` I �� .�.�� "" �� ./ � �1. F 1.�.� //; .q w '' I�EV'�� L��1"�T � M� .� CIT� �F BAI�T+G+C�R. PLANV�IC�ICr QIWI51ClN Memorandum To: Honorable Bangor City Council Deb Laurie, City Manager From: Anja Collette, Planning Analyst Date: December 21, 2022 CC: Courtney O'Donnell, Assistant City Manager Anne Krieg, Planning Officer Stephen Bolduc, Interim Director of Community and Economic Development David Szewczyk, City Solicitor Re: Planning Board Recommendation December 20, 2022 Amending Chapter 165, Land Development Code by adding museum as an allowed use in the Urban Service District (USD) Please accept this memorandum as the recommendation from the Planning Board for the noted item. The Planning Board considered this item in a noticed public hearing on December 20, 2022. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were the Chair Ken Huhn, Vice Chair Reese Perkins, and Members Don Meagher, Ted Brush, Mike Bazinet, and Jonathan Boucher. Planning Officer Krieg reviewed the change and the reasoning for it. From the staff inemo: A. This is a staff-led proposal to add the use museum to the Urban Service District. The request is in response to the owner of the Cryptology Museum who wishes to locate at a property zoned USD on Broadway. They currently are located as a bookstore as the principal use with some accompanying curated items for display on Hammond Street. Their museum pieces are in Portland and the museum wants to relocate completely to Bangor, thus the proposed principal use for the Broadway property will be a museum and the bookstore will be ancillary. B. Though this location, in particular, could be seen as a benefit for the area and the owner's dedication to saving the building is admirable, good planning practice dictates that we need to look at how adding this use affects the entire district. USD can be found mostly on Main Street and it is speckled along State Street. There is also the subject property area that contains USD. Most USD lots abut residentially zoned properties and are also on major arterials. The portion of Main Street zoned USD is across from the waterfront park and concert venue, as well as the casino. 73 HARLOW STREET,BANGOR,ME 04401 TELEPHONE: (207)992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL 12.20.22 Museums in USD C. The creation of the USD was meant to be a gateway commercial area, not really a corridor, but not a downtown fabric condensed pattern either. Looking at other uses allowed in USD, they are mostly commercial, some mixed use is allowed but at a very low density. A couple of years ago, we amended the district requirements to reduce front setbacks to make USD more pedestrian-oriented. In your packet is the current language and requirements for USD. D. Adding a museum to a commercial district may seem counterintuitive; however the most recent waterfront master plan calls out Main Street as an area to welcome entertainment uses. Museums also are destination uses, thus the traffic generation typically is not detrimental to abutting neighborhoods and their typical hours of operation are not intrusive. E. This is a reminder that the Planning Board's action on Land Development Code amendments takes the form of a recommendation to City Council. The motion is constructed to recommend to the City Council that the proposed amendment ought to pass or ought not to pass. If the Board votes that it ought to pass then the Council needs a majority to pass the amendment. If the Board votes that it ought not to pass, then the Council needs a super majority (2/3 vote) to pass the amendment. Member Brush asked about other museums in town and whether they would be affected. Krieg stated that they were in the Downtown Development District (DDD) and would not be affected. Member Meagher asked about the meaning of"Cryptology" and whether it was related to printing material. Loren Coleman, the party interested in placing a museum on the property zoned USD on Broadway, clarified that it is cryptozoology and explained what that meant. He also gave his background and background on the property, and what he proposed to do at the property. Chair Huhn asked about what kind of traffic this type of museum gets in Portland, where they are currently located. Coleman stated that the traffic is very light; they maybe get 30,000 people a year and it's mostly from classes, school trips, and tourists. Additionally, the hours would only be from 10 am to 4 pm in the winter and 10 am to 6 pm in the summertime, so no nighttime traffic. Member Boucher asked about the zoning for the Cole Land Transportation Museum. Planning Officer Krieg stated she wasn't sure what the zoning was there, but would look this up. Member of the public, Dominick Rizzo, presented to the podium to express his support for this project. He stated that he's not worried about traffic since a bus line goes past the property and the property is walkable and bikeable. He suggested that the owner put a bike rack on the property. Member Meagher asked about parking space requirements for this use. Planning Officer Krieg stated that it would be based on the floor area. Page 2 � 3 CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL 12.20.22 Museums in USD Member Brush made a motion to recommend to the City Council that the application for a district change ought to pass. Member Bazinet seconded the motion. The motion passed 6:0 with all members voting to approve. -Anja Collette Page 3 � 3 IN CITY COUNCIL DECEMBER 12, 2022 COrd 23-033 Motion made and seconded for First Reading and Referral to Planning Board Meeting on December 20, 2022 Vote: 8 —0 Councilors Voting Yes: Hawes, Leonard, Pelletier, Schaefer, Sprague, Tremble, Yacoubagha, Fournier Councilors Voting No: None Passed ��.�` � M,�� w�� s� CITY CLERK IN CITY COUNCIL DECEMBER 28, 2022 COrd 23-033 Motion made and seconded for Passage Vote: 7—0 Councilors Voting Yes: Davitt, Hawes, Leonard, Sprague, Tremble, Yacoubagha, Fournier Councilors Voting No: None Passed ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK