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Home My WebLink About2019-02-25 19-106 ORDINANCETitle, Ordinance CITY COUNCIL ACTION Council Meeting Date: February 25, 2019 Item No: 19-106 Responsible Dept: Planning Action Requested: Ordinance 19-106 02/25/2019 Map/Lot: 011-048, 048-A 56 & 055-A Amending Chapter 165, Land Development Code — Zone Change — 554 Union Street from Urban Service District (USD) to Contract Urban Service District, and 548 Union Street, 19 Frances Street and 108 Fourteenth Street from Urban Residence District 1 (URD -1) to Contract Urban Service District. Summary This ordinance will amend Chapter 165 of the Land Development Code to rezone approximately 0.68 acres of land in two portions to a Contract Urban Service District. A 10,000 sq. ft. (0.23 acre) parcel of land at 554 Union Street (011-056) is proposed to change from USD to Contract USD, and the remaining 20,000 sq. ft. (0.46 acres) located at 548 Union Street (011-055-A), 19 Frances Street (011-048), and 108 Fourteenth Street (011-048-A) are proposed to change from URD -1 to Contract USD. This rezoning will apply contract conditions to add hours of operation for the commercial use, screening requirements from neighboring residential properties, and retention of existing of housing on the Frances Street side of the site. Committee Action Committee: Planning Board Action: Staff Comments & Approvals Meeting Date: March 5, 2019 For: City Manager City Solicitor Director Introduced for: First Reading and Referral Against: Finance CITY COUNCIL ORDINANCE Date: February 25, 2019 Assigned to Councilor: Nealley 19-106 02/25/2019 ORDINANCE, Amending Chapter 165, Land Development Code — Zone Change — 554 Union Street from Urban Service District (USD) to Contract Urban Service District, and 548 Union Street, 19 Frances Street and 108 Fourteenth Street from Urban Residence District 1 (URD -1) to Contract Urban Service District. WHEREAS, the Comprehensive Plan of the City of Bangor has identified this property as suited for residential use; and WHEREAS, the properties in question abut a parcel currently zoned Urban Service District, containing a small automobile service station and convenience store; and WHEREAS, the applicant, Southstreet Development Company, LLC, seeks the rezoning in order to renovate and expand the existing retail facility; and WHEREAS, the applicant has proposed a number of contract conditions for the site to reduce impacts on neighboring properties on Frances Street, including the retention of existing residential structures; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT That 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 554 Union Street from Urban Service District (USD) to Contract Urban Service District, and 548 Union Street, 19 Frances Street and 108 Fourteenth Street from Urban Residence District 1 (URD -1) to Contract Urban Service District, said parcel of land containing approximately 0.68 acres and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, in addition to the mandatory conditions imposed by Chapter 165-7 of the Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. The residential buildings (located within the first 50' wide section of land parallel to Frances Street) will remain on lot 048 (108 Fourteenth Street) and on lot 048-A (19 Frances Street) for residential use. Modifications to these residential buildings shall be limited to maintenance upkeep within the current footprint. No commercial construction or build out will be allowed in the first 50 feet. 2. Lighting and signage for commercial use shall be restricted from the residential portion described above. 3. A 6 ft. high continuous fence will be installed and maintained to restrict traffic (vehicular and pedestrian) from accessing Frances Street directly. The fence shall also restrict access to lot 055-A. 19-106 02/25/2019 4. A minimum of twelve 8 -foot high (at planting) conifer trees shall be planted and mantained aalong the continuous fence, six on each line of the fence. 5. Hours of Operation shall be restricted to 6:00 a.m. to 9:00 p.m. 6. Gas pump sales shall be restricted to Hours of Operation. 7. Delivery times shall be restricted to Hours of Operation. 8. Snow removal operations shall be restricted to Hours of Operation. 9. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all the terms and conditions set forth above and the recording of said executed agreement in the Penobscot County Registry of Deeds by the property owner. In the event that said agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. USD Contract COF X\ wo 19-106 FEBRUARY 25, 2019 USD 'roposed Change USD to Contract USD roposed Change URD -1 to Contract USD NIVAIMI ::�� MIDI Memo To: The Honorable City Council From: David G. Gould, Planning Officer Date: March 6, 2018 Re: Amending Zoning Ordinance Union, Fourteenth & Frances Streets — Urban Service District (USD) and Urban Residence 1 (URD -1) to Contract Urban Service District — C.O. 19-106 Please be advised that the Planning Board at its meeting on March 5, 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. Randy Bragg of Carpenter Associates presented the application on behalf of Southstreet Development Company, LLC. Mr. Bragg noted that a similar rezoning request for this property had been before the Board in December, and that this new request had been changed to reflect concerns from neighbors that were heard at that meeting. Mr. Bragg stated that he and his client had invited all of the neighbors to a meeting in the interim, which was well -attended, and had developed stronger contract conditions for the rezoning based on this meeting. Mr. Bragg detailed the contract conditions which include retaining the two houses on the site as continuing residential use, conditions for fencing and landscaping, and limitations to operating hours. Mr. Bragg then presented of a digital model of the development proposed after the rezoning, and its surroundings. Member Brush asked why the two residential homes were being rezoned, rather than being left in the URD -1 zone. Mr. Bragg responded that if that were proposed, the lots for the two homes would be undersized for the URD -1 zone, which could cause problems down the road. He noted that keeping the entire site within the same zone with the same conditions simplifies things. Chair Huhn asked for proponents and opponents to the application George Newhall of 13 Manners Avenue spoke in support of the proposal, noting that he was opposed to the original rezoning but supports this application and its new contract conditions. Connie Newhall of 13 Manners Avenue spoke in support of the proposal, but stated that she had some concerns related to how the residential homes could be used under the rezoning. Dennis Michaud of 523 Union Street also spoke in support of the proposal, stating that he sees this as an improvement to the neighborhood. Kathleen Strout of 44 Manners Ave stated that she was very concerned about this rezoning when it was initially proposed, but is now much more comfortable with the idea. Chair Huhn closed the public hearing and asked for the Staff report. Planning Officer David Gould discussed the history of contract zoning, noting that both the zoning and the contract conditions "run with the land", not with the owner. Mr. Gould explained that that for any of the contract conditions to change in the future, the owner at that time would need to go through a rezoning process similar to this process. Mr. Gould stated that therefore the residential homes on the site would remain residential in accordance with the contract conditions, until a rezoning was approved for the property. Mr. Gould further noted that the rezoning also included a parcel on Union Street which has not been included previously, but now the contract conditions would apply to this parcel as well. Mr. Gould explained that the Board should make a recommendation to the City Council on whether or not to recommend the proposed contract rezoning. Member Shaw asked Mr. Gould to elaborate on the presence of the residential homes on the site and the contract conditions that applied to them. Mr. Gould replied that the lots currently do not meet minimum lot size standards, and the proposed rezoning would make these parcels even smaller. He stated that there was no particular reason to disallow such a rezoning, and that the site is large enough to accommodate all uses — both the existing residential uses and the anticipated commercial use as discussed at this meeting. Associate Member Bazinet stated that he was very glad to see that the applicant has been responsive to the concerns of the neighbors and supports this rezoning. Member Meagher and Chair Huhn stated their agreement, noting that it was good to see opponents from the last hearing be proponents at this hearing. Associate Member Bazinet made a motion that the Planning Board recommend approval of Zone Change request at Union, Fourteenth & Frances Streets from USD and URD -1 to Contract USD to the City Council. Member Durgin seconded the motion. The Board voted unanimously in favor to recommend the rezoning to the City Council. 2 IN CITY COUNCIL FEBRUARY 25, 2019 COr 19-106 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF MARCH 5, 2019 (7) 7,/_l_s_Li / CITY CLERK IN CITY COUNCIL MARCH 11, 2019 COr 19-106 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUNCILORS VOTING YES: DAVITT, GRAHAM, NEALLEY, SCHAEFER, SPRAGUE, SUPICA, TREMBLE, NICHOLS COUNCILORS VOTING NO: NONE PASSED CITY CLERK