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Home My WebLink About2009-01-12 09-041 ORDINANCECOUNCIL ACTION Item No. n 9 041 Date: January 12, 2009 Item/Subject: Ordinance, Amending Land Development Code, Chapter 165, Section 165-92 D and Section 165-93 D — Urban Service District and Downtown Development District Responsible Department: Legal Commentary: The City Council has received numerous complaints regarding noise and behavior of patrons of businesses in the downtown. The downtown, which includes areas zoned as both Downtown Development District and Urban Service District, includes approximately 500 residential units. At the present time, nightclubs, dance halls, and discos are a conditional use in the Downtown Development District. This amendment would extend the conditional use status to such establishments in the Urban Service District. It would also limit the hours of operation for such establishments to those between 7:00 a.m. and 1:30 a.m. Finally, it would eliminate the parking requirements set out in the current ordinance that apply to such establishments in the Downtown Development District. This change recognizes that the City eliminated the general parking requirements that at one time applied to the downtown some years ago. The City needs to consider what is in the best interest of the public health, safety and welfare of all its citizens. Residents are entitled to be free from disturbances in their homes. This Ordinance will strike a balance between the needs of the needs of the eating and drinking establishments located in the downtown and the residents; and At its January 6, 2009 meeting the Transportation and Infrastructure Committee recommended that this ordinance amendment be first read and referred to the Planning Board. Department Head Manager's Comments: 6-1 a �' �`� City Manager Associated Information: fyuuI,,.n P�4 . Budget Approval: Q"" ` Finance Director Legal Approval: Ci Solicitor Introduced for Passage X First Reading X Referral to the Planning Board ]anuary 20. 2009 na 7 D.M. SA Assigned to Councilor Blanchette January 12, 2009 `s" CITY -OF BANGOR �RgKr�Eo,FE9 (TITLE.) Ordinance, Amending Land Development Code, Chapter 165, Section 165-92 D and Section 165-93 D — Urban Service District and Downtown Development District WHEREAS, the City Council has received numerous complaints regarding noise and behaviour of patrons of businesses in the downtown; and WHEREAS, the downtown, zoned Downtown Development District and Urban Service District, includes approximately 500 residential units; and WHEREAS, it is in the best interest of the citizens of Bangor to strike a balance between the needs of the eating and drinking establishments located in the downtown and the residents; and WHEREAS, because easting and drinking establishments can not serve alcohol after the hour of 1:00 a.m. and residents are entitled to be free from disturbances in their homes after that hour, limits on the hours of operation of eating and drinking establishments in the downtown are appropriate and in the interest of public health, safety and welfare. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT the Land Development Code of the City of Bangor be hereby amended as follows: DDD 165-93 D Conditional Uses (5) Nightclub, dance hall or disco, provided that: (a) Such use must have established hours of operation which specifically define the time during which said use may be allowed to operate. Such hours will be a condition of approval under this section. In no event h II such hours of gpgratiQn begin before 7:00 a.m. or end after 1:30 a.m. (b) Such use must establish a maximum occupancy which will specifically limit the number of persons allowed within the building at any one time, and such occupancy limit will be a condition to any approval under this section. (c) A noise limit will be established such that the maximum of 65 dBA will not be exceeded in any abutting structure, on abutting property or within the public right-of-way or any public area. 09 041 USD 165-92 D Conditional Uses Nightclub, dance h§11 or disco, vi (a) Such use _must _have established hours of oHeration which specifically define the tame during which id use moy be allowed to opgrate.'Such hours will be a conditign of a1212roval under this section. In no event5hall sMch hours of o0gration bggin before 7:QQ a.Ln. or §nd after 1:30 a.m. (b) Such use must establish a maximum occupancy which will specifically limit the number of persons allowed within the building n one time, n h occupAngy limit will be a condition ton ap2roval under this n. (c) A noise limit will be established such that the maximum of 65 dBA will not be exceeded in any abutting structure, n obuttingr within the 12ublic right-gf--wa or any Qublicarea. d The aRI21iont mu5t demonstratet sufficient pgrkingof one pgrkingr each four persons of established maximum occupancy is available during the hours of opgration to serve e establishments tron . Such pprking Vaces must: [11 Be loca ed within 50feet of the building housing the use: and 2 Be under the t of the opgrator or owner of thelishm nt as g—videncedin a binding written ag=ment between opgrator and thg owner or his/her agent f the pgrking i2rgmises) and/or must be Hublic Harkins which is available during the hours of ot�eration as determined by the 9& of BangorCurt Engineer. STATEMENT OF FACT: Additions are underlined. Deletions are struek thFeu, IN CITY COUNCIL January 12, 2009 First Reading and Referred to t Planning Board CITY CLERK IN CITY COUNCIL February 9, 2009 Motion Made and Seconded for Passage Vote: 7-0 Councilors Voting Yes: Bronson D'Errico, Gratwick, Nealley, Palmer, Stone and Wheeler Councilors Voting No: None Councilors Absent: Blanchette, and Hawes Passed , 'L DEPUTY CITY CLERK # 09-041 (TITLE,) &ending Land Development Code, Chapter 165, Section 165-92 D and Section 165-93D - Urban Spruirp District And Downtown Development District Assigned to Councilor T Qovl� MEMORANDUM DATE: February 4, 2009 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Land Development Code 165-92D and 165-93D -Council Ordinance 09-041 Please be advised that the Planning Board at its regularly scheduled meeting on February 3, 2009 held a Public Hearing on the above Land Development Code Amendment. City Attorney Norm Heitmann provided an overview of the proposed Land Development Code Amendment that was developed to update the language in Downtown Development District and add a conditional use to Urban Service District for "Nightclubs, Dance Halls or Discos". There were no proponents or opponents from the public in attendance. The Planning Board Members discussed whether the new provision in USD would open up more areas for potential neighbor complaints or provide for better control of existing facilities in the urban core. Planning Officer David Gould noted that in the urban, built up, portion of the City lots tend to be smaller and in close proximity (between land uses). The issues of this dense development does not tend to occur in developing areas where lots are larger, space is available for buffering, and districts tend to be better separated. There are three commercial zoning districts in the built—up portion of the City; Neighborhood Service District (NSD) where no alcohol consumption is allowed, Urban Service District (USD), and Downtown Development District (DDD). The proposed language would make establishments meet the threshold criteria for Conditional Uses in the Districts and set specific hours of operation. The Board was in general agreement with the intent of the new provisions and voted six in favor and one opposed to recommend the changes to 165-92 D and 165-93D as contained in C.O. 09-041.