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HomeMy WebLinkAbout2017-04-24 17-146 ORDINANCECOUNCIL ACTION Item No. 17-146 Date: April 24, 2017 Item/Subject: ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Allowing Personal Services Establishments in Multifamily and Service District Parcels Responsible Department: Legal Commentary: This Ordinance would allow personal services establishments, such as beauty parlors and nail salons, to locate on Multifamily and Service District parcels with certain conditions. At present, retail and service businesses are generally not allowed at Multifamily and Service District parcels, with the exception of business and professional offices and a few other specific uses. This ordinance amendment would allow personal services establishments on M&SD parcels, either as a permitted use if they only have one person providing services, or as a conditional use if they are on major arterials and meet certain parking, square footage, and other requirements. Department Head Manager's Comments: ,, na City Manager Associated Information: Ordinance Budget Approval: Finance Director Legal Approval: C# Solicitor Introduced for Passage x First Reading x Referral to B&ED and the Planning Board on May 2, 2017 17-146 APRIL 24, 2017 Assigned to Councilor Sprague TE CITY OF BANGOR ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Allowing Personal Services Establishments in Multifamily and Service District Parcels WHEREA%. at present, retail and service businesses are generally not allowed at Multifamily and Service District Parcels, with the exception of business and professional offices and a few other specific uses; WHERM%. personal services establishments, such as beauty parlors and nail salons, tend to have a similar effect on parking, traffic, and other potential zoning concerns as do business and professional offices; WHEREAS, such personal service establishments are therefore an appropriate use for Multifamily and Service District parcels, under the conditions listed below; 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 be amended as follows: § 165-13. Dennii:ilons. individUgts, �uch as k@WN p@rjQM, kd2grs, tanning salona, nail salons. or similar serviM, which cUg"m rft opffate5 gn the basis of scheduled ap"ntments. § 165-72. Required 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 CITY COUNCIL APRIL 24, 2017 COr 17-146 FIRST READING AND REFERRAL TO BUSINESS AND ECONOMIC DEVELOPMENT COMMITTEE ON MAY 2, 2017 CITY CLERK IN CITY COUNCIL MAY 8, 2017 COr 17-146 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 9-0 COUNCILORS VOTING YES: FAIRCLOTH, GRAHAM, NEALLEY, NICHOLS, PERRY, SPRAGUE, TREMBLE, WESTON, BALDACCI COUNCILORS VOTING NO: NONE PASSED CITY CLERK L. Retail or service business: 11 1 Ln ;,111 J 17-146 APRIL 24, 2017 U4 All other retail and service businesses: one space for each 300 square feet of gross floor area. § 165-90. Multifamily and Service District (M & SD). C. Permitted uses. The following uses are permitted in this district: hiffli 111 � I 111 111151WI-110-201V I ............ ............... D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (3) Business offices, professional offices, personal services establishments, and community service organizations which meet the requirements of § 165-9 and Article XIX of this chapter and which: (a) Do not exceed 3,000 square feet in gross floor area. (b) Are located on a major arterial street as defined in Article II of this chapter. (c) Meet the off-street parking requirements of Article X without a variance for any required spaces. Additions are underlin�. MEMORANDUM DATE: May 3, 2017 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Chapter 165-90, Multifamily and Service District, 165-13, Definitions, Personal Service Establishment, and 165-72 Off -Street Parking- Council Ordinance #017-146 Please be advised that the Planning Board at its meeting on May 2, 2017, held a Public Hearing on the above Zoning Amendment to revise the Multifamily and Service District to provide for Personal Services Establishments as both Permitted and Conditional Uses. Chair Kenney opened the Public Hearing and Assistant City Solicitor Paul Nicklas provided the Board with an overview of the proposed amendment. The intent is to provide for some service businesses in the Multifamily and Service District that will allow service business shops in some of these mixed use locations. Similar to the existing guidelines for business or professional office (a Conditional Use) and some that would be on the level of a home occupation (a Permitted Use). The parking requirements are specifically designed with the idea of "Walkable Communities" on an urban core model not a suburban model. Judy Hilton noted she had a property on State Street which was in an M&SD zone and had a small space that could operate as a Personal Service Establishment. Member Durgin noted that in working with AARP they were looking at ways to make Bangor a "walkable community" to help serve the needs of senior citizens. This is a step in that direction. Member Guerette noted she had a business relationship with Ms. Hilton and wanted to disclose that to the Board. Member Boothby made a motion that Member Guerette had a conflict of interest and could be excused. Member Parizo seconded the motion and Board voted four in favor and two opposed to excuse Member Guerrette. When Member Guerette left the Chambers the Board resumed discussion of the amendment. Member Boothby was concerned that the parking standard may not be sufficient to meet the demand especially if multiple clients are awaiting service. z Mr. Gould noted the concept is based on the theory that many customers will come from the nearby residentail neighborhood and can walk to the establishment. Chair Kenney thought this would be a good concept for the City. Member Boothby asked if there were other changes which embrace the walkable city concept. Assistant City Solicitor Nicklas there were others Staff is working on. Mr. Gould noted that while there may be several we're working on, it is unlikely that they will all be before the Board at once, as we like to avoid getting ahead of ourselves and focusing on one issue at a time. Member Boothby made a motion to recommend that C.O. #17-146 be adopted by the City Council. Member Durgin seconded the motion and the six Board Members voted to send a positive recommendation to the City Council.