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
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S&PS
MALL BLVD
S&PS
I® Proposed Change S&PS to GC&S I
S&PS
19-094
February 11
S&PS
19
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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
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CITY CLERK