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Home My WebLink About2020-06-08 20-170 ORDINANCETitle, Ordinance 20-170 06/8/2019 CITY COUNCIL ACTION Council Meeting Date: June 8, 2020 Item No: 20-170 Responsible Dept: Planning Action Requested: Zoning Map Amendment Map/Lot: R68-007 Amending Chapter 165, Land Development Code, District Map by changing, upon request, the Zoning District from General Commercial and Service (GC&S) to Multifamily and Service District (M&SD) for property located at Map R68 Lot 007 on Stillwater Avenue. Summary Penquis CAP Inc. requests an ordinance amendment to change a vacant parcel of land, approximately 8.19 acres on Stillwater Avenue, from General Commercial and Service (GC&S) to Multifamily and Service District. Penquis currently has an option on the parcel owned by Cross Reality, LLC of Bangor. If approved, Penquis proposes developing the parcel into mixed income housing. The Comprehensive Plan has the area as General Commercial. Committee Action Committee: Business and Economic Development Meeting Date: Action: For: Against: Staff Comments & Approvals As this is an amendment to the Land Development Code District Map, it is also scheduled to go before the Planning Board on June 16, 2020. V1 I City Manager Introduced for: First Reading City Solicitor Finance Director CITY COUNCIL ORDINANCE Date: June 8, 2020 Assigned to Councilor: Fournier 20-170 06/8/2019 ORDINANCE, Amending Chapter 165, Land Development Code, District Map by changing, upon request, the Zoning District from General Commercial and Service (GC&S) to Multifamily and Service District (M&SD) for property located at Map R68 Lot 007 on Stillwater Avenue. WHEREAS, at present, the property is vacant and located in the Urban Ring in the Comprehensive Plan; WHEREAS, this portion of Stillwater Avenue is located near commercial and retail services, WHEREAS, affordable housing should be located near goods and services, WHEREAS, the City Council has a goal to increase affordable housing, 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 Multifamily and Service District to the vacant parcel on Stillwater Avenue known as Map R68, Lot 007, which was formerly zoned General Commercial and Service. a COMMUNITY &ECONOMIC DEVELOPMENT CITY OF BANGOR.. PLANNING DIVISION Memorandum To: Honorable Bangor City Council Cathy Conlow, City Manager From: Anne M Krieg AICP, Planning Officer Date: June 17, 2020 CC: Tanya Emery, Director of Community and Economic Development Paul Nicklas, City Solicitor Jeff Wallace, Code Enforcement Officer Re: Planning Board Recommendation June 16, 2020 Stillwater Avenue (Map R68 Lot 007) — Change zoning district from General Commercial & Service (GC&S) to Multifamily and Service District (MSD)) Please accept this memorandum as the action from the Planning Board for the noted item. The Planning Board considered this item in a properly noticed public hearing on June 16, 2020. The meeting was conducted using the city's Zoom account. The applicant, Jason Bird of Penquis CAP, Inc. reviewed the request. Planning Officer Krieg reviewed the staff report. Her comments generally followed the staff report: A. This is a request from Penquis to re -zone an L-shaped lot of 8.19 acres on Stillwater Avenue. The current zoning is General Commercial and Service. Penquis is proposing Multifamily and Service District for the new zoning. Attached is the allowable uses and dimensional requirements for these districts. B. The lot is the last lot on Stillwater on its northbound side that is zoned General Commercial. After this lot, the zoning is an abrupt change to Rural Residence. This sudden shift in zoning is not unusual for the Stillwater commercial area in general, due to the Penjajawoc Overlay Zone off the southbound edge of Stillwater Ave. C. The current zoning allows a wide range of commercial and light industrial uses. Retail and medical marijuana sales are included in this district as allowed uses. This use has a requirement to be set back from residential uses. The Planning Board has a pending application for retail marijuana in the lots adjacent to this subject parcel. If this zoning changes, and a residential development is constructed, it should be noted that the lot containing retail marijuana, as may be lawfully constructed, would now become non- conforming. The lot would still have the protections afforded non -conforming uses as it once conformed, so it can continue to exist. 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW. BANG ORMAINE.GOV CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL Stillwater Avenue — Penquis CAP, Inc. Non -conforming protections, as is typical, also restrict, such that the building would not be able to expand. This is a potential conflict in land use policy the Board may want to reflect upon. D. The purpose of multi -family district is clear: The Multifamily and Service District is established to stabilize and protect the essential characteristics of certain high-density residential areas located near the central part of the City and to promote and encourage, insofar as compatible with the intensity of land uses, a suitable environment for family life. Development in this district includes all types of residential use as well as certain service uses limited to locations along major arterial streets. Stillwater Avenue is, without a doubt, a central figure in Bangor's shopping and access to goods. It is also an area, though sidewalks are available, that is predominantly automobile -dependent. The City Forest is nearby; however it may not be considered in walking distance as it appears to be over a mile away. There is clearly a market for people that want to live outside of the core business district, and may have little interest in using city parks or do not want dense neighborhood life. This edge of Bangor leading to Orono is rural in nature and offers that less compact residential life. Often in planning there are zoning rims/transitions that connect commercial districts to single family zoning and the use of a multifamily zone is often used as a transition from commercial to rural/residential. The policy question for the Board/Council is whether the city sees this particular edge as a place for a transition or does it remain as a hard edge. E. The last 2 Comprehensive Plans have this lot as the edge of commercial to rural. The language in the plan does not explain this border. There is general discussion about careful use of extending city services. This lot does not have water or sewer service and would need to extend these services for the project. G. This is a challenging zoning request for the city as there are many policies to juggle, not the least of which the provision of affordable housing. The Board discussed the influence of the previously approved that evening retail marijuana store and the effect on the zoning. There was a concern that the zoning decision should have come before the site plan application for marijuana retail. Page 213 CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL Stillwater Avenue — Penquis CAP, Inc. In response, it was clarified that the site plan was a permit to construct. No matter where it was on the agenda, the Board had to review it as a separate application. This adjacent lot's application is for a zoning change to a district that has many uses, and also was not planned to be built upon until after a site plan application was filed. The Board was concerned about creating a non -conformity. The applicant for 668 Stillwater Avenue (a retail marijuana business that had received verbal approval from the Board that evening), Keith Chretien, owner of Rock Steady, LLC also spoke. He indicated he purchased the adjacent lot to be able to expand his business. If residential uses are constructed next door, he will not be able to expand as he will be non -conforming. The Board was firm that they are in support of the provision of housing and affordability in Bangor. They expressed concern about no available utilities to the property, noting this is part of the multifamily district tenets. They also noted that the General Commercial District allows a large number of non-residential uses that may conflict with this district. They also noted the Comprehensive Plan has this lot as the edge of the Commercial district. Jason Bird of Penquis discussed the concept of imposing conditions on the zoning application with the Board. For example, they would consider placing their buildings on the lot to provide the requisite 300 feet setback from residential buildings to marijuana businesses. It was noted by staff that the applicant would need to file a contract zone as it cannot be modified currently. After further discussion, the applicant requested to withdraw the application. The Planning Board passed a motion unanimously by a motion from Member Shaw and seconded by Member Brush to accept the withdrawal without prejudice. The Council may want to consider postponing this item indefinitely. Page 313 IN CITY COUNCIL JUNE 8,2020 COrd 20-170 Motion made and seconded for First Reading and Referral to Planning Board Meeting on June 16,2020 Vote: 9—0 Councilors Voting Yes: Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague, Supica, Tremble, Davitt Councilors Voting No: None Passed CITY ACLERX IN CITY COUNCIL JUNE 22,2020 Cord 20-170 Motion made and seconded to Postpone Indefinitely Vote: 9—0 Councilors Voting Yes: Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague, Supica, Tremble,Davitt Councilors Voting No: None Passed �J CITY CLERK