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Home My WebLink About2017-09-25 17-337 ORDINANCEOrdinance, 17-337 09/25/2017 CITY COUNCIL ACTION Council Meeting Date: September 25, 2017 Item No: 17-337 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: R55/011 Amending Chapter 165, Land Development Code, by Changing the Zone of 416 Stillwater Avenue from Contract Shopping and Personal Service District to Contract Shopping and Personal Service District (amended conditions) Summary This Ordinance change will amend the zoning for 1.8 acres of land located at 416 Stillwater Avenue from Contract Shopping and Personal Service District (S&PS) to Shopping and Personal Service District (S&PS, amended Contract Conditions). The revised conditions expand the allowable uses from Office and Day care to allow for retail and service businesses. The conditions prohibit drive—in businesses, auto repair and uses which would include a large amount of outdoor storage. Committee Action Committee: Planning Board Action Meeting Date: September 25, 2017 For: Against: Staff Comments & Approvals Le�_Lj City Manager VCity Solicitor Finance Director Introduced for: First Reading and Referral CITY COUNCIL ORDINANCE Date: September 25, 2017 Assigned to Councilor: Nealley 17-337 09/25/2017 ORDINANCE, Amending Chapter 165, Land Development Code, by Changing the Zone of 416 Stillwater Avenue from Contract Shopping and Personal Service District to Contract Shopping and Personal Service District (amended contract conditions). WHEREAS, the zoning boundary lines as established by the Zoning Map of the City of Bangor dated October 28, 1991, as amended, be hereby further amended as follows: By changing an area of land located at 416 Stillwater Avenue from Contract Shopping and Personal Service District to Contract Shopping and Personal Service District (amended contract conditions). (Tax Map No. R55, Parcel 011) said parcels containing approximately 1.8 acres and being more particularly indicated on the map attached hereto and made a part hereof. IN CITY COUNCIL SEPTEMBER 25, 2017 COr 17-337 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF OCTOBER 3, 2017 � va CITY CLERK IN CITY COUNCIL OCTOBER 11, 2017 COr 17-337 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUNCILORS VOTING YES; FAIRCLOTH, GRAHAM, NEALLEY, NICHOLS, PERRY, SPRAGUE,TREMBLE, BALDACCI COUNCILORS VOTING NO: NONE PASSED CITY CLERK ND D TO: "1 HE CITY COUNCIL AND THE PLANNING BOARD 01, BANGOR, MAINE: RECEIVE � � SEP 0.5 2017 � I 1900,~ C & ED and Planning 71112012 T CODE AND MAI' AMENDMENT 2. of f C /d>"P�l� 7 f1LAI. KqA x113_ Address City or Post Office� Telephone DATE: hereby petition to amend the Land Devclop►nent Code of the City of Bangor, Maine by reclassifying from roc district to the c am_ district for the property OLItl►ned in red on the Leaps attached Hereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (ifany)__L6 __,5i�� Total Area (acres or square fect) _ _�° 4. PROPERTY LOCATION (General location): Fxa►nple - South side of Stale Street 400 yards. East of Pine Street 5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No arcel colt 6. EXISTING USE: 7. PROPOSED USE:�� y — —�- NAME AND ADDRESS OF OWNER OF RECORD: Name_ 0g9VSI-, ��» Address_Lo o tfg&V�54a9 ss ti 9. NAME AND ADDRESS OF CONTRACTOWNER (if such): 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT. Name "� j _�D (if a licable Address_A 6&_4 k 1G Pf-eo_4% 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM & DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR, ME. Anolication fee Processing Advertising _ Total Zone Change (1 /2 acre or less) $575,00 $410.00* $ 985.00 Zone Change (in excess of 112 acre) $920.00 $410.00* $1,330.00 Contract Zone Change - 5 conditions or less $1,377.00 $509.00* $1,886.00 More than 5 conditions or 50 words $1,900.00 $509.00** $To be determined *Two Ads Required ** Advertising costs above this amount to be paid for by applicant. PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE To amend the Land Development Code by changing the contract zone conditions on a parcel of land located at 416 Stillwater Avenue, said parcel approximately 78,408 SF. Morris L. Fer, applicant. t r' XTY V The applicant has applied for a Contract Zone Change under the provision of the Land Development Code — Section 165-7 and proposes the following conditions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. Maximum building height not to exceed 35' B. Outdoor Display or Storage is limited to one percent (1%) of the gross floor area C. There shall be no drive-in business as defined in §165-13 of the Bangor Land Development Code D. There shall be no auto repair or service to include vehicle washing and fueling E. There shall be no wholesale or warehouse operations F. There shall be no auto, truck, manufactured or modular homes, agriculture or construction machinery sales. MEMORANDUM DATE: October 4, 2017 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 416 Stillwater Avenue — Shopping and Personal Service District (S&PS) to (S&PS) Change in contract conditions — Council Ordinance 17-337 Please be advised that the Planning Board at its meeting on October 3, 2017, held a Public Hearing on the above zone change request. Chairman Kenney opened the Public Hearing and asked the applicant or their representative to make a brief presentation of their application. Fred Marshall of Plymouth engineering spoke, representing his client, Morris Fer. Mr. Marshall explained that Mr. Fer had moved from the area and was divesting himself from his holdings, and that the proposed change to the contract was an attempt to make this property more saleable prior to any real estate transaction. Mr. Marshall observed that the area has changed significantly over the past several years and that every other parcel along this stretch of Stillwater Avenue was commercial and had the look and feel of modern commercial development. Generally, the applicant is looking for less restriction on commercial activities, but agrees that certain uses, such as drive- through businesses, gas stations, or warehousing, are probably not appropriate in this location. The applicant has no specific use in mind for this property, he would just like to make it more appealing for a prospective buyer to build similarly to what is adjacent. Chair Kenney asked specifically which uses would be allowed with the contract changes. Mr. Marshall listed the specific uses that would be allowed, which included retail, personal service, restaurant, clinic, office, and several others of the similar character. There were no other proponents or opponents to the rezoning. Member Boothby asked if it could be a problem that the new owner might want additional contract changes after the purchase of the property. Mr. Marshall said that he felt that was unlikely given the size and location of the property, and the compatibility of the proposed allowed uses to surrounding uses. Member Durgin asked if there was any possibility of the driveway changing. Mr. Marshall explained that was unlikely because the adjacent storage facility had an access easement over the driveway and that changing that would be difficult. z Chair Kenney asked Planning Officer Gould to share his appraisal of the project. Mr. Gould pointed out that there have been many rezonings in the area and many are contract zone changes. The proposed new contract allows most of the uses allowed in S&PS except for certain high traffic uses such as drive-thrus and gas stations and uses that would have outdoor sales or display. This contract would also allow for a larger building that was not required to have a ""residential character". Chair Kenney asked how this aligned with the Comprehensive Plan. Mr. Gould noted that the area was identified as residential in the plan, but that the area has slowly changed over time. Mr. Gould noted that this was not necessarily unusual; the Comprehensive Plan process is lengthy and is not as dynamic as land use trends, but the process allows the City some flexibility to make rational decisions. Member Guerette said that she was comfortable with the uses described in the contract. Member Durgin made a motion that the Board recommend the proposed contract zone change for 416 Stillwater Avenue to the Council for approval. Member Guerette seconded the motion. The motion passed unanimously.