HomeMy WebLinkAbout2020-07-13 20-216 ORDINANCETitle, Ordinance
20-216
CITY COUNCIL ACTION
Council Meeting Date: July 13, 2020
Item No: 20-216
Responsible Dept: Planning/Legal
Action Requested: District Map change and Text Amendment
07/13/2020
Amending Chapters 165, Land Development Code, and Chapter 260, Signs, to Create a New Zoning District,
Commercial Corridor (CC), and to Assign Certain Properties to the District
Summary
This action creates a new district called Commercial Corridor and assigns the district to lots on Stillwater
Avenue and Hogan Road. The corridor has seen drastic changes in development practice over the last few
years, most notably in the retail sector. There remains underutilized parcels and some vacancies. The 2012
Comprehensive Plan notes this area as a commercial and shopping district. This action modifies that policy for
the area to allow for other uses such as light manufacturing and warehousing. This modification of policy is in
reaction to the development needs for Bangor that includes more industrial space. This allowance of more
industrial uses is in keeping with both the 2012 Comprehensive Plan and the 2019 Council goals in economic
policy for job creation. The location of the area near two exits of I-95 supports this policy change as the
location and convenience for distribution and access are desirable.
The ordinance also seeks to enclose the corridor to make it more pedestrian friendly and bicycle friendly. This
is in keeping with the 2019 Council Goals for improved access as well as improved design considerations in the
2012 Comprehensive Plan.
Protections continue for the Penjajawoc Marsh Overlay with this new district as industrial uses are not allowed.
The area slated for this new district is listed on the attached Exhibit A and shown on the map attached as
Exhibit B.
This action is based upon a staff recommendation to add more uses and add design elements to this area; all
in response to market changes, and to take a leadership role in improving site development practice.
Committee Action
Committee: Planning Board
Action
Staff Comments & Approvals
Meeting Date: July 21, 2020
For:
Against:
BED reviewed this at their meeting July 6, 2020. Copies of the draft were circulated to Planning Board
members and the Penjajawoc Mall/Marsh Commission.
City Manager
Introduced for: First reading and Referral
City Solicitor
Finance Director
CITY COUNCIL ORDINANCE
Date: July 13, 2020
Assigned to Councilor: Nichols
20-216 07/13/2020
ORDINANCE, Amending Chapters 165, Land Development Code, and Chapter 260, Signs, to Create a New
Zoning District, Commercial Corridor (CC), and to Assign Certain Properties to the District
WHEREAS, at present, there are market forces changing the retail industry that have affected Bangor's
shopping and commercial areas on Stillwater Avenue and Hogan Road;
WHEREAS, there are buildings vacant and underutilized;
WHEREAS, the 2012 Comprehensive Plan states the city should encourage job creation, add design elements
to the land development code, and encourage pedestrian and bicycling;
WHEREAS, the new district Commercial Corridor allows for more uses, seeks to improve the frontage of
Stillwater Avenue and Hogan Road and does not allow certain uses in the Penjajawoc Marsh Overlay 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:
Article I General Provisions
165-8 Districts established; Zoning Map.
A. Districts
(1) For the purpose of this chapter, the City of Bangor is hereby divided into 2122 districts to be
designated as follows:
(v) Commercial Corridor District (CC).
Article II Word Usage and Definitions
165-13 Definitions
Fenestration
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The arrangement of windows or other exterior openings in a building facade.
Maximum Front Setback Area
The portion of a parcel that is located between the Maximum Front Setback Line and the
""Setback," as that term is defined in this section.
Maximum Front Setback Line
A line parallelina the street lot line alona the full lenath of the street lot line, which is the
farthest distance a buildina facade can be from the Public Lot Line.
Maximum Setback
The maximum distance that a parcel may have between a lot line and the point of any -
structure, excluding uncovered steps, but including landings, porches or other structures
attached to said steps nearest to such lot line on the same lot, which defines the
appropriate yard. The term "maximum setback" further excludes ramps designed for
providing access to a building bypersons with a disability under the following conditions:
A. The ramI2 is beingr attached to an existingit i
B. The ramg is beingr attached for the gurgoseIi ith agglicable
federal or state laws regarding accessi ili it ins by 12ersonsi i ilii ;
C. The ramg cannot be reasonably r attached to any otherli
building r reguired setbacks couldi into r
things, the intended use and interior layout of the building.
D. The ramg and any unenclosed, landings or otherlevel surfaces ir r
into its design and attachment to the buildingr r designed
be Uart of r attached to any other new structure,r kind, whichwould
violate reguirement
Where not specifically referred to as a "maximum setback," ""maximum front setback area,"
or "maximum front setback," the term ""setback" shall have the meaning as it is defined
under "setback" later in this section.
Article III Nonconformities
165-15 Extension or increase in intensity
F. A nonconforming building, structure or other site development may not be changed in any manner
which increases or extends its nonconformity; provided, however, that this restriction shall not prohibit
changes which do not directly affect the nonconforming site development aspect(s). In the case of a
non-conformina maximum setback any chanaes to the buildina footprint shall be located so
as to reduce the maximum setback non -conformity, unless the Plannina Board finds that
such a non -conformity reducina location of the altered footprint would be contrary to the
20-216 07/13/2020
purposes of the zoning district of the parcel, in which case the Planning Board shall grant
an exception to this requirement.
Article V. Accessory Uses and Structures
165-29 Temporary Promotional Activities.
In the USD, DDD, WDD, ADD, CC, G & ISD, S & PS and GC & S Districts, promotional activities, such as sales
featuring food sales, entertainment, fairs, circuses and carnivals, may be allowed upon issuance of a permit by
the Code Enforcement Officer, provided that:
165-31 Temporary sales of food or merchandise
C. Temporary sales of food or merchandise shall only be permitted in the following districts: Urban Service
District, Commercial Corridor, Shopping and Personal Service District, General Commercial and
Service District, Downtown Development District, Waterfront Development District, Urban Industry
District and Industry and Service District.
D. Temporary sales of food or merchandise shall be further limited as follows:
(2) In the Commercial Corridor (CC), Shopping and Personal Service District, General
Commercial Service District, Urban Service District and Urban Industry District, no more than
four itinerant commercial vendors may be permitted per lot. Each vendor must provide access to
five parking spaces in excess of those required by any other use or uses on that lot.
§ 165-66 Zoning district boundaries.
Where the side or rear lot line of a lot in a Neighborhood Service District (NSD), Urban Service District (USD),
Airport Development District (ADD), Urban Industry District (UID), Commercial Corridor (CC), Government
and Institutional Service District (G & ISD), Shopping and Personal Service District (S & PS), General
Commercial and Service District (GC & S), Industry and Service District (I & S), Technology & Service District (T
& S), or Bass Park District (BPD) abuts any residential district, Resource Protection District (RP) or Park and
Open Space District (P & O), a transitional yard will be established in accordance with the district development
standards, and any applicable side or rear yard building setback shall either be increased by 20 feet with at
least a Buffer Yard A (as defined in § 165-135D) established, or be increased by 10 feet with at least a Buffer
Yard B established. Any applicable side or rear parking setback shall be governed by § 165-73D(1).
Article IX Supplemental Lot and Yard Limitations
165-69 Planned Group Development
A. Except as specifically provided in Section 165-102.1 (Commercial Corridor District), the The
planned development shall not create increases in prescribed densities and/or lot coverage or reduce the
required area for yards and off-street parking or violate any other site development standards applicable
to the district.
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§ 165-73 Parking area location and screening.
B. In any district, no off-street parking space, outdoor display area or outdoor storage area shall be
located closer to a street line, side lot line or rear lot line than the minimum distance in feet indicated
on the following schedule:
District
I & S, T & S, G & ISD, CC, S & PS,
GC & S, P & O, RR & A, RP, LDR
and HDR
I &S,G&ISD, CC, GC&S, BPD
and S & PS
With more than 100 spaces
With more than 250 spaces
With more than 500 spaces
165-74 Design, construction and maintenance.
Minimum Distance in Feet From
Street Line Side Lot Line Rear Lot Line
20 10 10
25
20
20
30
25
25
40
30
30
C. Paving. Parking lot paving will be required in accordance with the following schedule:
District
Extent of Paving Required
URD -2, M & SD, NSD, USD, DDD, WDD, All parking, loading, display and maneuvering surfaces
G & ISD, ISD, LDR, HDR, T & S, CC,
and S & PS
ADD, UID, GC & S, and I & S All front yard display, maneuvering and parking area surfaces
Article XIII Urban Developed Area Districts
165-102.1 Commercial Corridor (CC)
A. Statement of Purpose - The Commercial Corridor is established to accommodate the dail
or freauent shoppina, service, and employment needs of the area. The intent is to
encouraae redevelopment and infill development that better defines the corridor and to
accommodate new approaches to larae scale commercial areas that will be pedestrian and
bicycle -friendly.
Careful attention is aiven to redevelopment, new development, and expansion of existin
development to encourage shared entrances and parking, connecting sidewalks, decorative
and dark sky friendly lighting, appropriate signage, and visual breaks in buildings through
areen areas and landscapina. The intent is to encouraae flexible desian for modern
business development and to limit both visual clutter and driver confusion. A thoughtful
mix of uses at higher densities is envisioned. This zone allows industrial, commercial,
20-216 07/13/2020
recreation, entertainment, retail, and employment centers to blend well in close proximity
to each other.
B. General Reauirements
1) Buildings or land used or occupied and buildings or structures erected, constructed,
reconstructed, moved or structurally altered, whether permitted uses or conditional
uses, shall comply with the requirements of this Section, Articles II through XII, and
the specific development standards of Article XIX of this Chapter.
2) Outdoor dining areas are allowed as approved under a land development permit in
Article XVI of this chapter and are not calculated for parking requirements for the
use.
3) Outdoor storage of goods is allowed as part of the Planning Board review of a Land
Development Permit.
4) Buffer Yards and landscaping requirements
(a) Properties in a Planned Group Development under Section 165-69, shall have
buffer yards and landscaping as determined by the Planning Board as part of a
Land Development Permit in accordance with Article XVI of this chapter.
(b) Properties not covered in Section 165-102.1(B)(3)(a) immediately above
shall have a Buffer yard Type E along the front yard. Building facades or
portions thereof that face public streets shall have, along their foundation
landscaping that meets the planting types of Buffer yard type B Subtype 1 or
2.
C. Buildina Reauirements
(1) Lengths of facade uninterrupted by windows or other external openinas exceeding
30 feet are prohibited on all around story facades.
(2) At least 50% of the Principal Building Facade shall be located within the Maximum
Front Setback Area.
(a) For multiple buildings on a lot where there is no sinale Principal Buildina, one
building shall meet this requirement that is not an accessory building.
(b) For multiple buildings on a lot where there is one Principal Building, the
Principal Building shall meet this requirement.
(c) No portion of a principal building facade within the Maximum Front Setback
Area shall exceed 75 feet of continuous linear plane.
D. Permitted Uses
1) Any business office or professional office.
2) Retail sales or service business.
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Vehicular, equipment, boat mobile home and machinery sales and service.
Building supply.
Restaurant, including take-out and drive-in.
Places of worship.
Clinic, medical or dental.
Animal clinic or hospital.
9) Entertainment or recreational facilities (including but not limited to museums,
galleries, theaters, and broadcast studios).
10) Hotel or Inn.
11) Conference Center.
12) Schools conducted for profit, such as trade, business, dance and music schools.
13) Small or Large daycare center.
14) Fitness center.
15) Personal Service.
16) Club or Lodge, private.
17) Community Service Organizations.
18) Information processing and communications facilities.
19) Parking_ garage.
20) Passenger intermodal facility.
21) Self -storage facility.
22) Public Utilityli is .
23) Marijuana store, provided that:
(a) The building in which the facility is located must be at least 1,000 feet from,
or on the other side of a controlled access hiahway from, the real property
comprising anypublic or private elementary or secondary school or school
dormitory, iuvenile shelter, orphanage, public plavaround, or public park as
defined in & 231-2 of this Code.
20-216 07/13/2020
(b) The building in which the facility is located must be at least 300 feet from, or
on the other side of a controlled access highway from, any church, chapel,
parish house, other place of worship, day care, or dwellina on a residential
parcel, measured by a straiaht line from buildina to buildina.
(c) (Reserved)
(d) No mariivana cultivation facility, mariivana manufacturing facility, or
marijuana testing facility may be accessory to a retail marijuana store.
(e) No drive-in windows are allowed. No curbside or other pickup of mariivana by
persons outside the store is allowed.
(f) Sianaae desianed to appeal to persons under 21 years of age is prohibited.
(20) Accessory uses on the same lot and customarily incidental to and subordinate to the
above uses or to an approved conditional use under Subsection E below.
E. Conditional uses.
Subiect to Plannina Board approval under the provisions of & 165-9, the followina uses may
be permitted in this district:
(1) Bar, tavern or lounge, provided that:
a) Such use must have established hours of operation which specifically define
the time durina which said use may be allowed to operate. Such hours will be
a condition of approval under this section. In no event shall such hours of
operation beain before 7:00 a.m. or end after 1:30 a.m., except that the hours
of operation may end at 2:30 a.m. on January 1 of each year.
(b) Such use must establish a maximum occupancy which will specifically limit
the number of persons allowed within the building at any one time, and such
occupancy limit will be a condition to any approval under this section.
(c) A noise limit will be established such that the maximum of 65 dBA will not be
exceeded in any abuttina structure, on abutting property or within the public
riaht-of-way or any public area.
(2) Gasoline Service Stations, provided that:
(a) Pumps and the edae of any canopy/overhang for the pumps are not located in
the Maximum Front Setback Area.
(b) Adeauate aueuina space for at least two vehicles for each aas-dispensina
nozzle, without restrictina automobile access to and earess from the site, is
provided.
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(3) Manufacturing, compounding, assembling, packing, treatment, warehousing or
wholesaling of goods and products subject to:
(a) The activity will not be noxious or iniurious by reason of the production or
emission of dust, smoke, odor, pas, fumes, refuse matter, noise, vibration or
similar substances or conditions
(b) The activity is not located in the Penjaiawoc Marsh Overlay Zone
(4) Cellular telecommunication towers, provided that:
(a) They are not located in the Peniaiawoc Overlay Zone
(b) They do not exceed 195 feet in height, or the minimum height reauired under
federal law, whichever is areater.
(c) They are set back from property lines a minimum of 100% of the tower
heiaht.
(d) They conform to the reauirements of & 165-80.1
F. Prohibited uses. Any use not specifically permitted in this section or in Articles II through
XII of this chapter is prohibited.
Article XVI Land Development Permit
§ 165-111 Site developments requiring permit.
A. Any activity covered under this chapter shall require a land development permit under the following
conditions:
(5) Any use, including permitted uses, in the CC, NSD, USD, DDD, WDD, ADD (except for airport traffic
control and direct aviation support uses), BPD, UID, G & ISD, S & PS, GC & S, T & S, and I & S Districts
(as defined in Articles XIII, XIV and XV of this chapter).
BE IT FURTHER 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 by adding a new Schedule D as follows:
Schedule D
Commercial Corridor District
Minimum Lot Area 10,000 sq. ft.
Minimum Road Frontage 75 feet
Minimum Setbacks
20-216 07/13/2020
For buildings up to and including 30'
Front 10 feet
Side 10 feet
Rear 10 feet
For buildings
over 30'
Front
20 feet
Side
10 feet
Rear
20 feet
Maximum Setbacks for Buildings on lots with frontage on Stillwater Ave or Hogan Rd
Front 25 feet
Maximum Lot Coveraae 50%
Impervious cover ratio .8
Maximum Building Height 60'
Minimum Buildina Heiaht 25 feet
Minimum Building Fenestration for anyportion of building facing Stillwater Ave or Hogan Rd
Ground story 40%
Upper Stories 30%
BE IT FURTHER 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 boundary lines as established by the Zoning Map of the City of Bangor dated October 28, 1991, as
amended, are hereby further amended as follows:
By changing the parcels of land identified by tax map and parcel number in the attached Exhibit A from their
present zoning districts to Commercial Corridor (CC), said parcels of land being more particularly indicated on
the map attached hereto as Exhibit B and made a part hereof.
BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 260, Signs, of the Code of the City of Bangor is amended as follows:
Article II On -Premise Signs
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Chapter 260-7 District Specific standards and limitations
H. CC, UID; S & PS; GC & S; I & S.
Additions are bolded and underlined, deletions StF Hot;0#.
20-216
JULY 13, 2020
EXHIBIT A
MAP -LOT -UNIT
R61-022
R61 -010-A
R61
-016-A
R55-013
R62-001
R68-041
R61 -010-B
R61
-009-E
R55-006
R55-011
R68-035
R69 -011-A
R61-017
R61-007
R55
-011-A
R68
-035-A
R69 -001-V
R55
-004-A
R61-008
R61
-009-G
R68
-003-B
R69-013
R69-011
R61
-005-J
R62-006
R61
-007-C
R69 -013-A
R68
-034-A
R61-005
R61-021
R61
-007-B
R69-003
R69
-001-M
R61
-005-H
R61
-021-D
R61
-005-B
R69 -006-E
R69
-001-F
R61
-005-L
R68-036
R61
-005-D
R69 -004-F
R69
-001-N
R61
-005-G
R68-037
R61
-005-F
R69 -003-A
R69
-004-B
R61
-005-A
R68-039
R61
-005-M
R69 -006-C
R55
-004-B
R61
-004-A
R62-009
R61
-004-C
R69 -006-B
R61
-021-C
R61-004
R69
-004-A
R55
-005-A
R69 -006-F
R54-004
R61-003
R55
-012-D
R61
-021-F
R61-012
R69-002
R61-002
R61
-015-C
R61
-021-E
R61-011
R69-004
R61
-021-B
R62-009
R55-005
R61-013
R69
-002-B
R61
-021-A
R60
-012-C
R55
-015-A
R61 -009-B
R69
-001-C
R61-001
R61
-005-F
R55
-015-C
R61 -009-H
R68-003
R61
-009-M
R55
-015-D
R61-009-3
R68-031
R61-009
R68-007
R61-015
R68-032
R61
-009-P
R68
-006-B
R61 -015-B
R68-034
R55-009
R68
-006-A
R61-023
R61
-009-E
R61
-009-A
R69-001
R61-020
R61-014
R61
-009-C
R69-014
R61-019
R61
-015-A
R61
-009-K
R69
-001-E
R61 -019-A
R62-008
R61
-015-C
R69
-001-L
R61-018
R60-012
R61
-006-A
R69
-001-H
R61 -017-A
R69
-006-A
R61-006
R69
-001-G
R61-016
R69-006
R61
-006-B
IN CITY COUNCIL
JULY 13,2020
COrd 20-216
Motion made and seconded for First Reading and Referral to Planning Board Meeting of July 21,2020
Vote: 9—0
Councilors Voting Yes: Fournier,Hawes, Nichols, Okafor, Schaefer, Sprague, Supica, Tremble,Davitt
Councilors Voting No: None
Passed
CITY CLERK
IN CITY COUNCIL
JULY 27,2020
COrd 20-216
Motion made and seconded for Passage
Motion made and seconded to Indefinitely Postpone
Vote: 9—0
Councilors Voting Yes: Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague, Supica,Tremble,Davitt
Councilors Voting No: None
Passed to Indefinitely Postpone
Memorandum
To: Honorable Bangor City Council
From: Anne M Krieg AICP, Planning Officer
Date: July 22, 2020
CC: Tanya Emery, Director of Community and Economic Development
Josh Saucier, Assistant City Solicitor
Jeff Wallace, Code Enforcement Officer
Re: CO 20-216 Zone Change — Stillwater Avenue Corridor Project — Map -Lots Indicated on CORD
— City of Bangor
Please accept this memorandum as the recommendation from the Planning Board for the noted item.
The Planning Board considered this item in a duly noticed public hearing on July 21, 2020. The
meeting was held as a Zoom Meeting. Staff in attendance were Planning Officer Anne Krieg,
Assistant City Solicitor Josh Saucier, and City Engineer John Theriault. In the audience on Zoom
was Melissa Bickford. All Planning Board members were present with the exception of Michael
Bazinet with an excused absence.
Planning Officer Krieg reviewed the language with the Board.
She indicated the following, from the staff report:
A. This proposed text and district change is a staff -led project in response to possible
developments in the area, the need for industrial space, and the number of vacancies and
underutilized buildings in the area.
B. We have received concerns from a landowner in the area about the non -conforming situations
created from both fenestration requirements and the maximum setbacks. Staff would like to
take some time to review these concerns further.
C. Once the Board reaches general agreement about what you would like to see looked at further
for another draft, please consider making a motion that the City Council sends the ordinance
back to staff; that is, that they postpone indefinitely with the understanding another draft will
commence the process in August.
The Board discussed the previous Planning Board discussion regarding zone change for campground
in same area, confirming the location.
There was also discussion on how the city can make the area more pedestrian and bicycle friendly.
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 for new Corridor Zone
CO 20-216
There was general Board discussion about allowing high density residential in the area. Planning
Officer Krieg indicated staff had discussed this and decided to hold off recommending that use as it
would be a large departure from the Comprehensive Plan. Board members noted it is almost time to
update the Comprehensive Plan and this area can be discussed then as possible area for live/work
housing. There was general agreement that residential uses might work in the area.
Randy Bragg, PE questioned whether fenestration requirements was a code issue. Krieg responded
the regulations on building design are new for Bangor but are not new in similar codes in Maine and
the rest of the country.
Board members unanimously passed a motion duly made and seconded by roll call vote to forward a
recommendation to the City Council that the amendment should be postponed indefinitely.
P a g e 2 1 2
Anne Krieg AICP
Bangor Planning Officer
Anne Krieg AICP
Bangor Planning Officer
Anne Krieg AICP
Bangor Planning Officer
Development Assistant
Notary Public
Anne Krieg AICP
Bangor Planning Officer
Development Assistant
Notary Public