Loading...
HomeMy WebLinkAbout2019-02-11 19-094 ORDINANCEOrdinance, CITY COUNCIL ACTION Council Meeting Date: 02-11-2019 Item No: 19-094 Responsible Dept: Planning 19-094 02/11/2019 Map/Lot: R61- 009E Amending Chapter 165, Land Development Code, 688 Hogan Road - from Shopping and Personal Service District (S&PS) to General Commercial & Service District (GC&S). Summary The proposed zone change will amend the zoning at 688 Hogan Road. The applicant, Q. V. Realty Trust, seeks to undertake sales and service of automobiles at this property. The General Commercial and Service District will facilitate such a use as a permitted use. Committee Action Committee: Planning Board Action: Staff Comments & Approvals wA M Lam— City Manager Introduced for: Meeting Date: February 19, 2019 For: 07�r City Solicitor Against: Finance Director CITY COUNCIL ORDINANCE Date: February 11, 2019 Councilor: TREMBLE 19-094 02/11/2019 ORDINANCE, Amending Land Development Code — Amending Chapter 16S, Land Development Code - 688 Hogan Road - from Shopping and Personal Service District to General Commercial and Service District. 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 a parcel of land located at 688 (Tax Map No. R61, Parcel 009E) from Shopping and Personal Service District to General Commercial Service District. Said parcel containing approximately 9.27 acres and being more particularly indicated on the map attached hereto and made a part hereof. S&PS S S&PS MALL BLVD S&PS I® Proposed Change S&PS to GC&S I S&PS 19-094 February 11 S&PS 19 NIVAIMI ::�� MIDI Memo To: The Honorable City Council From: Sean Gambrel, Planning Staff Date: February 20, 2018 Re: Amending Zoning Ordinance 688 Hogan Rd — Shopping & Personal Service (S&PS) to General Commercial & Service (GC&S) — C.O. 19-094 Please be advised that the Planning Board at its meeting on February 19, 2019 held a Public Hearing on the above zone change request. Chairman Kenneth Huhn asked the applicant or their representative to make a brief presentation of the request. Ed Bearor of Rudman-Winchell spoke representing the applicant. Mr Bearor explained that his client, QV Realty Trust, purchased this property in order to operate an auto sales business, including accessory automotive repair, which is typical with such a use. Mr. Bearor noted that auto repair was not allowed in the S&PS zone, which necessitated the requested rezoning. Mr. Bearor pointed to the existing Quirk Auto Group site on Hogan Road as an example of what this site might eventually resemble, though no specific plans have been prepared to date. Member Kenney expressed concern about other uses that might be allowed under GC&S use which would be incompatible with the surrounding land use pattern, such as a cellular tower or light manufacturing, and why contract conditions weren't included to limit the rezoning to more compatible uses. Mr. Bearor responded that given market conditions it was unlikely that drastically incompatible uses would ever occur on this site, and that simply, his client wished to have the most flexibility possible when designing their facility. Chair Huhn asked for proponents and opponents to the application. There were none. Chair Huhn then asked for the staff report. Planning staff Sean Gambrel reminded the board that there are essentially two factors to consider with any rezoning, 1) alignment with the comprehensive plan, and 2) long-term land use on the site regardless of what might be proposed in the near term. Mr. Gambrel pointed out that the property in question was clearly shown on the Comprehensive Plan's Zoning Policy map as intended for S&PS zoning and that the board should consider if they felt that the proposed rezoning was consistent with that. Mr. Gambrel also noted a number of incompatible uses which could be located on the site, including large machinery sales with outdoor display, mobile home sales, self -storage, warehousing, and others. Mr. Gambrel explained that when the car sales operation eventually leaves the site, these uses could legally be placed on the property; similarly, if the applicant changed their mind and sold the parcel, any of those uses could legally be placed on the site. Mr. Gambrel also noted that any legal use could operate on the site unchanged. This property was developed long before the city's current regulations on stormwater, traffic movements, and landscaping were in place, and if possible the City would like to have assurances that the lot would be brought up to today's standards. Mr. Gambrel noted that the nearby Quirk Auto Group site was well designed in these regards, however, the zone change did not include any assurances that the applicant or another party would develop the lot in a similar manner. Mr. Gambrel stated that the Board should weigh the potential impacts of the rezoning versus the applicant's anticipated use and make a recommendation to the City Council. Member Durgin made a motion that the Planning Board recommend approval of zone change request at 688 Hogan Road from S&PS to GC&S to the City Council. Member Brush seconded the motion. The Board voted unanimously to recommend the City Council approve the proposed rezoning. 2 IN CITY COUNCIL FEBRUARY 11, 2019 COr 19-094 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF FEBRUARY 19, 2019 ./f1;;Ai 73 CITY CLERK IN CITY COUNCIL FEBRUARY 25, 2019 COr 19-094 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 7-0 COUNCILORS VOTING YES: DAVITT, GRAHAM, SCHAEFER, SPRAGUE, SUPICA, WESTON, NICHOLS COUNCILORS VOTING NO; NONE PASSED t?` CITY CLERK