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Home My WebLink About2019-07-08 19-274 ORDINANCETitle, Ordinance CITY COUNCIL ACTION Council Meeting Date: July 8, 2019 Item No: 12-274 Responsible Dept: Planning Action Requested: Ordinance 19-274 07/08/2019 Map/Lot: R23 Lot 21A(part) Amending Chapter 165, Land Development Code — Contract Zone Change — 44 Griffin Road from Low Density Residential District (LDR) to Contract General Commercial and Service District (GC&S). Summary This Ordinance will amend Chapter 165 of the Land Development Code to rezone approximately 2.02 acres of land from Low Density Residential District to Contract General Commercial and Service District. This site has been a used auto sales lot since the early 1960's. If approved the following contract conditions would apply: A. Light industry, public utility and public service uses, and chemical dependency treatment facility, as those terms are now defined by the City of Bangor 165-102 General Commercial and Service District, shall not be allowed. B. Applicant will reseed, loam, or otherwise restore and maintain with appropriate grasses or similar low - height vegetation the disturbed portion of the lot that is presently within the Resource Protection District C. All exterior lights, excluding two (2) exterior lights mounted on the building, shall be either motion activated and/or on timers that turn on the lights no sooner than 5:00 a.m. and turn off the lights no later than 10:30 p.m. D. Building square footage shall not exceed 6,000 square feet and impervious surface, including building square footage, shall not exceed 67,500 square feet. E. Sign square footage shall not exceed 400 square feet Committee Action Committee: Planning Board Action: Staff Comments & Approvals Meeting Date: July 16, 2019 For: City Manager City Solicitor Director Introduced for: First Reading and Referral Against: ance CITY COUNCIL ORDINANCE Date: July 8, 2019 Assigned to Councilor: Nealley 19-274 07/08/2019 ORDINANCE, Amending Chapter 165, Land Development Code — Contract Zone Change — 44 Griffin Road from Low Density Residential District (LDR) to Contract General Commercial and Service District (GC&S) WHEREAS, the Comprehensive Plan of the City of Bangor has identified this property as suited for Low Density Residential Uses, and WHEREAS, this property has been operated for automobile sales since the early 1960's, and WHEREAS, the applicant, seeks to expand the existing automobile sales (a nonconforming use in Low Density Residential District), and WHEREAS, the applicant has proposed a number of contract conditions to limit the expansion of the automobile sales facility at this location. 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 portion of a parcel of land located 44 Griffin Road (Tax Map R23 -21A), from Low Density Residential District (LDR) to Contract General Commercial and Service District. Said parcel of land containing approximately 2.02 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: This rezoning will also apply contract conditions to: A. Light industry, public utility and public service uses, and chemical dependency treatment facility, as those terms are now defined by the City of Bangor 165-120 General Commercial and Service District, shall not be allowed. B. Applicant will reseed, loam, or otherwise restore and maintain with appropriate grasses or similar low - height vegetation the disturbed portion of the lot that is presently within the Resource Protection District. C. All exterior lights, excluding two (2) exterior lights mounted on the building, shall be either motion activated and/or on timers that turn on the lights no sooner than 5:00 a.m. and turn off no later than 10:30 p.m. D. Building square footage shall not exceed 6,000 square feet and impervious surface, including building 19-274 07/08/2019 square footage, shall not exceed 67,500 square feet. E. Sign square footage shall not exceed 400 square feet 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. Memo DATE: July 17, 2019 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 44 Griffin Road, Tax Map R23-021-A from LDR (Low Density Residential) to Contract General Commercial and Service District (GC&S) – Council Ordinance 19-274 Please be advised that the Planning Board at its meeting on July 16, 2019, held a Public Hearing on the above zone change request. The hearing was chaired by the Vice Chair, Nelson Durgin. Vice-Chairman Durgin asked the applicant to make a brief presentation of the request. Steve Wagner from Rudman & Winchell, as attorney for the applicant, reviewed the request. He indicated the property has consistently been used for automobile sales and has a current zoning status of pre-existing non-conforming as to use. His client wants to improve the property and add more automobile related services including car detailing and service. This would be enforced currently as an expansion on a non- conforming use and would not be allowed. The proposal to change the zoning district would allow this expansion to occur. Mr. Wagner then reviewed the conditions of the contract zone. Vice Chair Durgin confirmed the proposed zone corrects the allowance of the current use. Member Kenney expressed concern regarding other allowed uses in the district as proposed, most notably a drive-through business. He was also concerned with lighting. He further commented that no gas pumps should be allowed on the site. Vice Chair Durgin asked if there were any other proponents. Being none, he asked for any opponents. Amy Faircloth of 822 Kenduskeag Avenue, a direct abutter to the subject property, spoke to the Board. She requested the Board recommend a denial of the proposed district change. She noted that the current business is not a concern, but any expansion of building and use of the site is a concern. 2 She felt the ability to expand does not fit in the environs of the low density residential that surrounds the property, as well as the Stream Protection area directly adjacent to the subject parcel. She further commented a concern about the stream, noting its significance in the city and the existence of trails. She read the description of the proposed district, which includes statements that the district is not compatible with residential uses. She closed her comments stating that the potential reuse and expansion of the existing use is not compatible with the area. Planning Officer David Gould reviewed the history of the property. He noted it appeared the automobile dealership was started in the 1960’s and thus pre-dated site plan review requirements. The City’s Comprehensive Plans have always indicated this area as low density, especially along the Kenduskeag Stream. He reviewed the other allowed uses. The Board was instructed to weight the conditions of the proposal with the planning aspects of the environs. He reminded the room that Council makes the final decision, as well a reminder that the existing use can remain regardless of any action on the proposal. Member Meagher asked the opponent if he would be okay with the intended expansion only, without any other allowed commercial uses. Mr. Wagner indicated this could hurt any possible resale of the property in the future and cause the property to possibly become stagnant. His client wants the flexibility of other uses in the district. He noted the proposed allowed uses are not dramatically different from automobile sales. Ms. Faircloth responded as well, noting this could be a slippery slope of allowances and feels strongly the proposed expansion change the character of the area starkly. She noted elements such as lighting and noise as examples of such changes. Member Meagher added that the contract should be tied to a site plan. Member Kenney added his concern with the proposal that is inconsistent with the Comprehensive Plan. Planning Office Gould noted that a contract zone can provide more limitations. Staff assists applicants with the preparation of conditions but are respectful of the Board and can’t make any guarantees for approval. He reminded the Board that the process does not allow any changes to be made to the contract at the meeting. The applicant may return with a new contract/application. Member Kenney reiterated concerns about the other allowed uses in the district that could be located on the subject property in the future. Ms. Faircloth added that the proposed building is significantly larger than what is there now and will create more noise and traffic to the area. 3 Member Kenney moved, with a second from Member Shaw to recommend the proposal as submitted. All were opposed to the proposal (0-6.) IZ �-,i 'G cc:)' :::i 0, y 4 - rn�; d ;o tN rA ,d 1 O0 �"C CilNO ,, . . O ?‹,>. z z r 7 d � d ti o tz F tv r y y o 0 z b r z z y n ril r 00 0C o 0 O b o m m 1.1 z n 0 r .57N O d