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HomeMy WebLinkAbout2012-02-27 12-096 ORDINANCECOUNCIL ACTION Date: 2-27-12 Item No. 12 096 Item/Subject: Ordinance, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Allowing Health and Fitness Centers in I & S Districts Responsible Department: Community and Economic Development Commentary: This proposed Ordinance amendment to the City's Land Development Code was initiated by City staff to accommodate a Bangor fitness center business that is outgrowing its space and wishes to relocate and expand. The amendment would add a fitness center definition to § 165-13 Definitions "Fitness Center -- A commercial enterprise in an enclosed building intended for use as a gymnasium or physical training facility. A fitness center may provide health and wellness consultation as an accessory use." It would also add "fitness center" to the definition of Recreational Use; and would add fitness center as a permitted use in an Industry and Service District (I&S) §165-103 "provided that it is housed in an existing building, does not include other indoor recreational facilities such as bowling alleys, tennis courts, pool halls, roller rinks or video arcades or specific facilities for spectator events or competitions and does not include large recreational/sports fields, such as golf courses, archery ranges, motorized sports, paintball or firearms. Smaller outdoor activities accessory to the fitness center would be allowed". These limitations are intended to limit recreational uses of industrial buildings to the definition of fitness center to preserve industrial buildings for industrial use while recognizing that some industrial buildings can often accommodate the space needs of a fitness center better than most commercial buildings. Manager's Comments: Ordinance Associated Information: ?Lk0uQ0G, %ARD Q,F,Cov%vC),AA-TION Budget Approval: Legal Approval: Introduced for Passage x First Reading X Referral +, �1. r,r.,M1 'tel ., 0.�J1 Department Head City Manager Finance Director X/J W ity Solicitor Page _of_ 12 096 rte; February 27, 2012 S+ F BANS s i Assigned to Councilor - Sprague g GITY OF BANGOR 41ED,F (TITLE.) Ordinance, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Allowing Health and Fitness Centers in I & S Districts WHEREAS, health and fitness facilities sometimes require large buildings with high ceilings; and WHEREAS, vacant industrial buildings are often excellent locations for such facilities, and WHEREAS, health and fitness facilities are unlikely to interfere with industrial uses; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT, Chapter 165 of the Code of the City of Bangor be amended as follows: § 165-13. Definitions. 20 46; ..... .. .. tib.., i i li L ` �• y + l • +.� + + li 1 •. li + RECREATIONAL USE -- Any use of a building or land for active or passive recreation, entertainment or amusement purposes, whether or not such facility, operation or use is public or private, profit or nonprofit in nature, to include a gaming facil fitness center or, where authorized by the State of Maine and the City of Bangor, a gaming facility. § 165-103. Industry and Service District (I & S). C. Permitted uses. The following uses are permitted in this district: MUT IN CITY COUNCIL February 27, 2012 FIRST READING AND REFERRAL TO PLANNING BOARD 1 �If tICIM CITY CLERK IN CITY COUNCIL March 26, 2012 Motion Made and Seconded for Passage Vote: 8-0 Councilors Voting Yes: Baldacci, Gallant, Gratwick, Longo, Hawes, Sprague, Weston & Durgin Councilors Voting'No: None Councilor Absent: Blanchette . Pas ed T , A �, 2�d FRIM CITY'CLEAK # 12-096 ORDINANCE (TITLE,) AMENDING CHAPTER 165, LAND DEVELOPMENT CODE, OF THE CODE OF THE CITY OF BANGOR, BY ALLOWING HEALTH AND FITNESS CENTERS IN I & S DISTRICTS Assigned to Councilor 12 096 tennis courts, WgI hall% roller Anks or video amades or soecific facilities for spKc. ato events or Wmetitions. (c)—netcilltv r rla. not lacludm Large mreational/sp-Qrts-fieldl suCh aa golf coumm. ye1y ranggLMotoriz"orts, •, r. or firearms, Smaller outdoor activities accessoly tQ-thg-ftness genter are allowed, UZ Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any use approved under Subsection D below. Additions are gndeftgej, deletions stmek through. W do W.! MOT Vol SM AM............ -w-w- 41 I MEMORANDUM DATE: March 21, 2012 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Land Development Code Chapter 165-13 Definitions, and 165-103 Industry & Service District Council Ordinance 12-096 Please be advised that the Planning Board at its meeting on March 20, 2012, held a Public Hearing on the above zoning amendment. Planning Officer David Gould indicated the proposed amendment was intended to allow for fitness centers within Industry Service Districts where existing buildings may uniquely fit their reuse needs. Mr. Gould noted that in many instances industrial parks are designed and built by the City for the specific needs of industrial users who otherwise might not have a suitable location. The City most often sells the lots to facilitate specific entities for industrial uses. The Economic Development Office was contacted by a parry interested in reuse of an industrial building that was uniquely suited to their needs with large open spans and high ceilings. The proposed zoning amendment was crafted to accommodate that need and avoid a vacant unused building, but protect the industrial districts from widespread displacement by nonindustrial uses. There were no opponents or proponents speaking to the above zoning amendment. Member Sturgeon asked if the provision limiting reuse to existing buildings was tight enough to prohibit someone from constructing a building with the intent to turn it into a fitness center use. Mr. Gould indicated he thought that was unlikely, there are many other zones that would accommodate the use, and it's our understanding that the interest is in an existing structure which has the right dimensional characteristics that make it ideal. Lots in industrial parks that are owned by the City are most often sold based on a specific development proposal so that it is unlikely that a nonindustrial use would be endorsed by the Economic Development Office. Member Damon asked if other industrial neighbors were notified and if such a change might be inconsistent with their use and understanding of what could take place in the industrial park. Mr. Gould responded that text amendments are advertised, but specific notices are not mailed, as the amendment would apply district -wide. Mr. Gould indicated the amendment was developed at the request of the Economic Development Office and supported by the Business and Economic Development Committee. Mr. Gould noted that an alternative approach would be rezoning a parcel to accommodate a broader use, but such approach has its drawbacks as well and is somewhat costly to the applicant. The Board voted unanimously to recommend passage of Council Ordinance 012-096.