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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