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HomeMy WebLinkAbout2016-12-28 17-054 ORDINANCECOUNCIL ACTION Item No. 17-054 Date: December 28, 2016 Item/Subject: ORDINANCE, Amending Chapter 165, Land Development Code, Section 165- 72, Required Number of Spaces, of the Code of the City of Bangor, By Requiring Fewer Parking Spaces of Existing Neighborhood Service District Parcels Responsible Department: Community and Economic Development Commentary: This ordinance will amend the Land Development Code to require fewer parking spaces of businesses located in Neighborhood Service District (NSD) parcels currently in existence. Many Neighborhood Service District parcels are small pre-existing lots with limited off-street parking. Businesses on such parcels often provide valuable resources to surrounding neighborhoods. These businesses frequently change hands, though, and sometimes remain vacant for over 12 months, thereby losing any grandfathered status for lack of off-street parking. The lack of parking then makes it difficult for businesses to locate on the parcel, leaving the parcel vacant indefinitely. This ordinance amendment would require five fewer parking spaces for businesses on NSD parcels, so long as the parcel had been zoned NSD prior to January 1, 2017. If the number of required parking spaces would be reduced to zero or fewer, then no parking spaces would be required. This item was discussed at the Business and Economic Development Committee meeting on December 20, 2016. Manager's Comments: Associated Information: Ordinance Budget Approval: Legal Approval: Introduced for Passage x First Reading Referral Department Head vv` CU) 9e, City Manager Finance Director City Solicitor 17-054 DECEMBER 28, 2016 Assigned to Councilor Tremble CITY OF BANGOR ORDINANCE, Amending Chapter 165, Land Development Code, Section 165-72, Required Number of Spaces, of the Code of the City of Bangor, By Requiring Fewer Parking Spaces of Existing Neighborhood Service District Properties WHEREA% many Neighborhood Service District parcels are small pre-existing lots with limited off- street parking; WHEREA,% businesses on such parcels often provide valuable resources to surrounding neighborhoods; WHEREA.% these businesses change hands frequently and sometimes remain vacant for over 12 months, thereby losing any grandfathered status for lack of off-street parking; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165-72 of the Code of the City of Bangor be amended as follows: §165- 72. Require[ number of spaces. A minimum number of off-street parking spaces shall be provided and maintained by the owner of every building or property hereafter erected, altered or changed in use, in accordance with the following requirements: In addition to the above requirements, sufficient spaces shall be provided to accommodate parking requirements of employees and company vehicles as may be needed. The Downtown Development District and the Bass Park District shall be exempt from the requirements of this section except Subsection S. (2) The Waterfront Development District shall be exempt from the requirements of this section if: IN CITY COUNCIL DECEMBER 28, 2016 COr 17-054 FIRST READING CITY CLERf IN CITY COUNCIL JANUARY 23, 2017 COr 17-054 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 9-0 COUNCILORS VOTING YES: FAIRCLOTH, GRAHAM, NEALLEY, NICHOLS, PERRY, SPRAGUE, WESTON, BALDACCI, TREMBLE COUNCILORS VOTING NO: NONE PASD �FEPRTTY MY CLERK 17-054 DECEMBER 28, 2016 (4-4) The total on-site requirement is less than 25 spaces and there is adjacent on -street parking; or There is an existing public parking lot or parking garage of 25 or more spaces within 1,000 feet of the building; or (30 The City Council has authorized funding to construct parking of 25 or more spaces intended to serve this use within 11000 feet of the building. 0 air All"i'l : Oil Matz- AK4,11P Additions are Wndgdingd, deletions struel( threuo. MEMORANDUM DATE: January 18, 2017 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Chapter 165-72 — amending Off -Street parking for Neighborhood Service Districts — Council Ordinance #17-054 Please be advised that the Planning Board at its meeting on January 17, 2017, held a Public Hearing on the above Zoning Amendment to revise the Off -Street parking requirements for the Neighborhood Service District. Chair Kenney opened the Public Hearing and Planning Officer David Gould provided the Board with an overview of the proposed amendment. The intent is to provide some flexibility to existing small businesses in the older built-up portion of the City by reducing the number off-street parking spaces required. Many of these locations were built decades ago when lots were smaller and neighborhoods were served by small retail establishments. With existing land use regulations, a commercial site that may have nonconforming grandfathered parking would be in jeopardy of becoming non-viable if it sits vacant for a year of more. Mr. Gould reviewed a variety of sites to demonstrate the extent of the Neighborhood Service District throughout the City. The District was the City's land use solution to older service stations which dominated the major collectors such as State Street and Hammond Street. There were no other proponents or opponents to the proposed text amendment. Chairman Kenney thought the change would breathe some life into some locations. Mr. Kenney also noted that the District limits total commercial floor area to 2,000 square feet, and as such the typical amount of parking required would be small and likely manageable on -street. Member Durgin asked if the details on existing sites and new sites was included in the proposed amendment. Mr. Gould indicated that it was. Member Boothby made a motion to recommend that C.O. #17-54 be adopted by the City Council. Member Durgin seconded the motion and the Board voted unanimously to send a positive recommendation to the City Council.