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
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Assigned to Councilor - Sprague
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GITY OF BANGOR
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(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.
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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.
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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.