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Home My WebLink About2019-10-28 19-414 ORDINANCETitle, Ordinance 19-414 10/28/2019 CITY COUNCIL ACTION Council Meeting Date: October 28, 2019 Item No: 19-414 Responsible Dept: Legal/Planning Action Requested: Ordinance Map/Lot: R23 -021-A Amending Chapter 165, Land Development Code — Contract Zone Change — 44 Griffin Road — LDR (Low Density Residential) to Contract General Commercial & Service (GC&S) District. Summary This contract zone change would change the zoning district at 44 Griffin Road from Low Density Residential (LDR) to Contract General Commercial and Service (GC&S). This site established auto sales as a land use activity in 1964. Over time the use expanded to its current configuration. The site is presently Low Density Residentail (LDR) and a nonconforming use. This is a re- application with changes for the property currently housing Linnehan's Right Way Auto. The auto sales use currently there is a nonconforming use in the LDR district. The owner seeks to expand the business' scope of services to include automobile service & detailing. The proposed contract conditions include: A. The following uses are the only uses that shall be allowed on this property: Vehicular, equipment, mobile home and machinery sales and service; retail auto service; auto repair shop; any accessory uses on the same lot and customarily incidental and subordinate to the above uses. B. Subject to site plan approval, existing impervious surface may be expanded up to a maximum of 45,500 sq. ft. and the building square footage may be expanded up to a maximum of 3,500 sq. ft. C. 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 located within the Resource Protection District. D. 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. E. Sign square footage shall not exceed 400 sq. ft. Committee Action Committee: Business and Economic Development Meeting Date: Action: Staff Comments & Approvals Planning Board meeting November 5, 2019 For: Against: City Manager City Solicitor Finance Director 19-414 10/28/2019 Introduced for: First Reading and Referral CITY COUNCIL ORDINANCE Date: October 28, 2019 Assigned to Councilor: Sprague 19-414 10/28/2019 ORDINANCE, Amending Chapter 165, Land Development Code, District Map by changing the parcel of land, 44 Griffin Road from LDR (Low Density Residential) to Contract General Commercial & Service (GC&S) District. WHEREAS, the lot has been continuously commercially used for the automobile industry; WHEREAS, in order to allow the nonconforming automotive use to grow this property requires rezoning to a commercial district; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor is amended as follows: The Zoning District Map is hereby changed by assigning the parcel of land, 44 Griffin Road from LDR (Low Density Residential) to Contract General Commercial & Service (GC&S) District. This is subject to the following conditions: A. The following uses are the only uses that shall be allowed on this property: Vehicular, equipment, mobile home and machinery sales and service; retail auto service; auto repair shop; any accessory uses on the same lot and customarily incidental and subordinate to the above uses. B. Subject to site plan approval, existing impervious surface may be expanded up to a maximum of 45,500 sq. ft. and the building square footage may be expanded up to a maximum of 3,500 sq. ft. C. 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 located within the Resource Protection District. D. 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. E. Sign square footage shall not exceed 400 sq. ft. Memorandum To: The Honorable City Council From: Anne Krieg AICP - City Planner/HPC CC: Tanya Emery, Director of Community & Economic Development David Gould, AICP, Planning Officer Paul Nicklas, Assistant City Solicitor Date: November 6 2019 Re: CORD 19-414 Please accept this memorandum as an indication of the Planning Board proceedings at their requisite public hearing on November 5, 2019. Ed Bearor, Esq., of Rudman & Winchell, representing the applicant/property owner, reviewed the application, history and contract conditions. Linnehan owner present. Planning Board Member Brush asked questions about the applicant's intentions for expansions of the building. It was noted the intention was to place a 100' x 30' +/- building addition. Planning Board Member Durgin inquired about timing of project and the applicant indicated they were hoping to start as soon as possible. Planning Board Member Meagher asked about the increase of impervious surface and the applicant responded the addition is proposed to be on what is now impervious cover. The owner/applicant continued to explain the intention of the expansion of the use is for minimal retail automotive services, but is meant for the service of Linnehan vehicles. Mr. Bearor indicated they met with the abutter, Amy Faircloth, to review their plans. Ms. Faircloth spoke to the Board and indicated she still opposes the change. She feels strongly that this expansion of the use is changing the character of the neighborhood. City of Bangor Planning Division Planning Board recommendation for CORD 19-414 She further objects to zoning changes, regardless of contract conditions, that this is the beginning of commercial zoning district spread in a low density residential neighborhood. She told the Board there are 2 new residential houses across street so the area continues to be residential. She added that the list of uses is intense for this area, and the expansion will not be to just maintain their vehicles. She closed stating that he can do what he wants to do at his facility now as it stands today as he has grandfathered use. Planning Board Member Shaw asked for clarification on how contracts are monitored. Planning Officer Gould responded that the contract conditions run with the land and are recorded. Mr. Bearor responded to the abutter comments; opining that the proposed contract zoning change does not change character of area as they have been there 50 years. He added if other properties wanted to change to commercial zoning, they would have to apply. He also reacted that new homes built in the area mean people want to live there regardless of his client's property. Their intention is they want to clean up the zoning for the property instead of arguing a non -conformity protection to allow an expansion. Planning Officer Gould explained grandfathering rights and privileges and agrees that others would have to apply, but agreed with the arguments regarding further zoning district changes in the area. Gould also reminded the Board their action is a recommendation to Council. Member Shaw reviewed the differences between the previous application and the current contract application. . Gould responded drive thru is proposed to be not allowed, nor gas sales. Member Durgin inquired about the increase in traffic. Mr. Bearor advised that they have 3-4 customers a day and 4 employees. Abutter Faircloth returned to the podium and stated that this is double in intensity of the use from what is there now. She has a concern that accessory use would include a gas pump. Page 213 City of Bangor Planning Division Planning Board recommendation for CORD 19-414 Planning Board Chair Huhn responded that it could not be retail gas. Mr. Bearor advised that they do not intend to sell gas, and he doesn't consider it an accessory use. Associate Member Bazinet (voting) added there is a repair business down the street from the applicant's. Member Meagher moved to recommend the Contract Zone Change to City Council, seconded by Member Durgin. The motion passed 4:2 with Members Brush and Chair opposed. Page 313 IN CITY COUNCIL OCTOBER 28,2019 COrd 19-414 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF NOVEMBER 5,2019 �'o' � CITY CLE NOVEMBER 13,2019 Cord 19-415 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 9-0 COUNCILORS VOTING YES: FOURNIER, HAWES,NICHOLS, OKAFOR, SCHAEFER, SPRAGUE, SUPICA, TREMBLE,DAVITT COUNCILORS VOTING NO: NONE PASSED CI LERX