HomeMy WebLinkAbout2020-11-23 21-029 ORDINANCETitle, Ordinance
CITY COUNCIL ACTION
Council Meeting Date: November 23, 2020
Item No: 21-029
Responsible Dept: Planning
Action Requested: District Map Changes
21-029 11/23/2020
Map/Lot: 48/256 & 256A
Amending Chapter 165, Land Development Code, District Map, by changing the Parcel of Land addressed at
200 & 210 State Street,(Map 48, Lots 256 and 256-A, respectively) from Neighborhood Service District (NSD)
to Urban Service District (USD.)
Summary
This Ordinance amends Chapter 165 of the Land Development Code from Neighborhood Service District (NSD)
to Urban Service District (USD). During the COVID-19 pandemic, the pharmacy on State Street constructed a
temporary emergency service drive-through window. This drive-through is important to limit contact with
customers, and it has been well received by the pharmacy's customer base. The pharmacy is near the hospital
and is also adjacent to residential neighborhoods. This location makes the pharmacy convenient, and it adds a
benefit to the neighborhood around it.
The pharmacy would like to re -develop the parcel and construct a new pharmacy building with accompanying
drive-through service: changing their temporary drive-through to a permanent one. The proposed re-
development is hampered by setback requirements and the face that drive-through uses are not allowed in
NSD.
The City is already taking steps to reduce setbacks in USD, which would directly benefit this redevelopment.
Drive through service is also allowed in USD. There are other parcels along State Street that are designated
USD. The Comprehensive Plan saw this location as NSD; however development patterns have changed since
2012. Given the needs for this service, staff feels comfortable with this departure from the Comprehensive
Plan.
Committee Action
Committee: Planning Board
Action:
Staff Comments & Approvals
Meeting Date: December 1, 2020
For:
City Manager City Solicitor
Introduced for: First Reading and Referral
Against:
Finance Director
CITY COUNCIL ORDINANCE
Date: November 23, 2020
Assigned to Councilor: Dubay
21-029 11/23/2020
ORDINANCE, Amending Chapter 165, Land Development Code, District Map, by changing the Parcel of Land
addressed at 200 & 210 State Street,(Map 48, Lots 256 and 256-A, respectively) from Neighborhood Service
District (NSD) to Urban Service District (USD.)
WHEREAS, at present, the pharmacy on State Street is utilizing a temporary structure for the provision of
drive-through services in response to Emergency Orders to prevent the spread of COVID-19 by reducing
customer contact;
WHEREAS, in the near future, the pharmacy seeks to re -develop the parcel to construct a new pharmacy
building that will have a permanent drive through facility; and
WHEREAS, in order to provide for this development that is important for the City and its neighborhood
residents, these parcels need to be rezoned to allow such re -development;
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 amended by changing the Parcel of Land addressed at 200 & 210 State
Street, (Map 48, Lots 256 and 256-A, respectively) from Neighborhood Service District (NSD) to Urban Service
District (USD).
21-029
DECEMBER 14, 2020
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: December 8, 2020
CC: Tanya Emery, Director of Community and Economic Development
Joshua Saucier, Assistant City Solicitor
Jeff Wallace, Code Enforcement Officer
Re: Planning Board Recommendation November 17, 2020
Map Amendment Zone Change — 200 and 210 State Street
Please accept this memorandum as the recommendation from the Planning Board for the noted item.
The Planning Board considered this item in a noticed public hearing on December 1, 2020.
The meeting was conducted using the city's Zoom account.
Representing the applicant, Northern Light Pharmacy, Andrew Hamilton, Esq. of Eaton Peabody,
reviewed the application request. Miller Drug has been in operation since 1939. Jeff Jeter, Director
of Real Estate and Property Management for Northern Light Health were also present via zoom.
Miller Drug State Street location has taken significant steps during pandemic. The creation of the
drive-thru is important to help decrease risk. Traffic flow will be unencumbered as more space onsite
can be dedicated to queuing. Many patients that utilize drive-thru suffer from mobility issues. The
availability of drive-thru increases access for disabled and/or physically handicapped customers. The
feedback has been overwhelmingly positive, and hope that this will stay permanent.
A drive-through is similar to other pharmacies and stores in the area. State Street is a major arterial
street, and appropriate for this allowance. Adequate queuing space will be made available and lot will
be appropriately laid out. The City Ordinance requires finding of consistency with the Comprehensive
Plan. This amendment is consistent. Staff memo provides foundation in the evolution of State Street,
and importance as a corridor connector. Previous gas station uses, historically, leaving the State
Street area for other arterial corridors. This is a necessary zone change, NL Health wants to continue
to serve the public within close proximity to the hospital.
Member Meagher spoke to Contract Zone Changes, and potential uses in new zone. He
understands that lot size does have an effect on potential other uses and this is a mall lot. Meagher
noted he is obligated to look at all potential uses and how it would affect the neighborhood. Hamilton
advised there are 11 permitted uses in the NSD, and between USD and NSD, 7 are common.
Meagher concerned about service stations per abutter comment received via email, and indicated
current owners, the Millers, have an intended use, but that may not always be the case in the future.
Hamilton advised that gas (service) stations can only come in as conditional use. Jeff Jeter's added
his perspective that gas stations are incredibly expensive, most likely wouldn't fit on lot, and unlikely
that they'd see that investment in that property.
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
200 & 210 State Street
Ilya Askinazi, property owner of 15 Forest Avenue inquired about reconfiguration, site circulation, and
reducing impacts to Forest Avenue. Askinazi had concerns regarding "loud trash pickup", and
landscaping contractors using leaf blowers at early morning hours. He had additional concerns of
patrons waiting in bushes for Miller Drug to open, and the possibility of other uses.
Hamilton indicated that Jeter would take information back to organization, and the Millers have been
good neighbors. Jeter was hesitant to get into site plans at this time, articulated to the group that the
proposal would not bring a significant change. A re -developed parcel would make the lot flow better.
Jeter will follow up on matters presented by Askinazi. Bernard "Bill" Miller advised the rubbish
situation was temporary and that once the build out was completed, it would be moved back to their
original location. Miller indicated that previous to Miller Drug, there was a gasoline station at the
location for many years. The Millers went through the expense of removing tanks, twice.
Ken Lowe, property owner of 18 Forest Avenue has similar concerns to those brought up, as well as
possibility of other establishments. He feels that it's a small neighborhood community with residential
homes, home businesses. He was concerned about the traffic generated from Abraham Lincoln
School during morning and afternoon drop-offs. He also inquired about traffic studies and about
uncommon uses that would be allowed if the pharmacy no longer existed.
Hamilton provided a few overall comments. Gas stations are no longer smaller in scale; citing
examples of Tradewinds, Dead River, and Irving. He provided examples of Walgreens across on
Union Street and 14th Street, and drive-thru on site. He noted there would be a stiff conditional use
review for drive-thru. The staff memo addressed other uses allowed in the zone, all adequately
addressed that they cannot be located here with this size lot.
Askinazi inquired about the urban zoning allowance, if marijuana is in plans for this location. Staff
memo indicates that this cannot be allowed at location due to separation requirements. He thinks
that it's a good idea as location is near hospital and seems conducive to the use.
Lowe expressed further concern with traffic, the school (Abraham Lincoln School), and more
residences along that area to Stillwater Avenue.
Hamilton respects the abutter requests to discuss site plan and conditional use review, will be sure
that happens to address their concerns. State Street is a reflection of the interesting evolution of
development in Bangor. This will be consistent with the Comprehensive Plan, existing uses and
zoning in the area.
City Engineer Theriault briefly discussed trip generation and that there isn't a high generation with
pharmacy use. This will still be a conditional use in the zone. When site plan is presented for review,
they'll again review site circulation. School and pedestrian traffic will also be looked, is comfortable
with a drive-thru at this pharmacy location.
Planning Officer Krieg indicated that a traffic study would be reviewed as part of conditional use. She
also provided her staff report notes:
Page 214
CITY OF BANGOR PLANNING DIVISION
PLANNING BOARD RECOMMENDATION TO CITY COUNCIL
200 & 210 State Street
A. The pharmacy, in response to the needs of their customers during the current pandemic, have
placed a temporary drive-through on their site. This service has been well received and very
helpful to reduce contact with customers.
B. They would like to make this permanent but the site is difficult with current setbacks in
Neighborhood Service District. There is also a prohibition on drive-through. The Urban
Service District would allow for a better site design that would be in keeping with the lots in its
environs, most notably the bakery across the street. This block is zoned USD.
C. State Street is an important connector that has become an important corridor connecting the
core business district to the hospital. The uses serve this traffic, along with the abutting
neighborhoods.
E. To compare the districts:
Attribute Neighborhood Service District
Purpose
Allowed Business or professional office,
uses retail or service business (excluding
auto), bed and breakfast, schools,
daycare centers, take out with
conditions, places of worship, home
occupation, mixed
commercial/residential, one or two
dwelling
Conditional
uses
Urban Service District
Any business office or professional office, Motel, hotel
or inn. Schools conducted for profit, such as trade,
business, dance and music schools, day-care center
(small or large), Community service organizations, Club
or lodge, private, Enclosed recreation centers
conducted for profit, Restaurants, Places of worship,
Any other retail or service business (except those
provided for in Subsection D below) conducted within a
building with no goods or materials displayed or stored
outside, except goods or materials displayed for retail
sale with an outdoor display area limited to 1 % of the
gross floor area of the building, Clinic, medical or dental,
Bar, tavern or lounge with conditions, Marijuana store
(with conditions this site will not meet)
Page 314
CITY OF BANGOR PLANNING DIVISION
PLANNING BOARD RECOMMENDATION TO CITY COUNCIL
200 & 210 State Street
F. It is clear USD is more of an intense district; however the smaller lots on State Street control
the specific developments along this street beyond the zoning requirements.
Member Perkins appreciates the thoughtful comments and concerns, and moved to recommend the
district change to City Council for amending Land Development Code by changing parcels of land,
located at 200 State Street, (Map -Lot 048-256-A), and 210 State Street, (Map -Lot 048-256) from
Neighborhood Service District (NSD) to Urban Service District (USD). Seconded by Member Brush.
A roll call vote: Meagher, yes; Brush, yes; Kenney, yes; Perkins, yes; Huhn, yes.
amk
Page 414
IN CITY COUNCIL
NOVEMBER 23,2020
COrd 21-029
Motion made and seconded for First Reading and Referral to Planning Board Meeting of December 1,2020
Vote: 9—0
Councilors Voting Yes: Davitt,Dubay,Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague,Tremble
Councilors Voting No: None
Passed
CrN CLE
IN CITY COUNCIL
DECEMBER 14,2020
Cord 21-029
Motion made and seconded for Passage
Vote: 9—0
Councilors Voting Yes: Davitt,Dubay,Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague,Tremble
Councilors Voting No: None
Passed
CIT CLERK