HomeMy WebLinkAbout2021-02-22 21-101 ORDINANCETitle, Ordinance
21-101 02/22/2021
CITY COUNCIL ACTION
Council Meeting Date: February 22, 2021
Item No: 21-101
Responsible Dept: Planning
Action Requested: Ordinance Map/Lot: n/a
Amending Chapter 165, Land Development Code, by adding allowed uses to the Shopping & Personal Service
District (S&PS)
Summary
This Ordinance will amend Chapter 165, Land Development Code, by adding more allowed uses to the
Shopping & Personal Service District (S&PS). Changes in the commercial market since adoption of the 2012
Comprehensive Plan have resulted in properties in (S&PS) being vacant and/or underutilized. Based on
conversations with commercial developers, the city has a shortage of light industrial and light manufacturing
properties, and opportunities may exist for redevelop commercial properties for light industrial uses that would
not necessarily be incompatible with commercial use. Under the amended ordinance, the Penjajawoc Marsh
area is protected from increased activities by limiting expansion of these uses in the protected area.
The infrastructure serving the district in the Hogan/Stillwater area is sufficient to handle any resulting
increased traffic.
Committee Action
Committee: Planning Board
Action:
Staff Comments & Approvals
Meeting Date: March 2, 2021
For:
Against:
C -,AA Po
City Manager ity Solicitor Finance Director
Introduced for: First Reading and Referral
CITY COUNCIL ORDINANCE
Date: February 22, 2021
Assigned to Councilor: Schaefer
21-101 02/22/2021
ORDINANCE, Amending Chapter 165, Land Development Code, by adding more allowed uses to the Shopping
& Personal Service District (S&PS)
WHEREAS, at present, there are underutilized and vacant buildings in the Shopping and Personal Service
District,
WHEREAS, there is interest from private developers in putting other non -retail uses in this district;
WHEREAS, there is adequate infrastructure in the district to support new development and re -development;
WHEREAS, the adjacent Penjajawoc Marsh remains an important resource requiring protection from certain
uses,
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:
§ 165-101 Shopping and Personal Service District (S & PS).
C. Permitted uses. The following uses are permitted in this district:
(5) Fitness Centers
(13) Parking Garage
(16) Personal Services establishment
LL71 Accessory uses on the same lot and customarily incidental to and subordinate to the above uses
and any use approved under Subsection D below.
D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses
may be permitted in this district:
21-101
FEBRUARY 22, 2021
(b) Establish a base -line inventory of city-wide greenhouse gas emissions; and
(c) Reduce future city-wide greenhouse gas emissions by prioritizing zero -carbon solutions
for local electricity, heating, and transportation systems; and
(d) Transition municipal operations to renewable energy by 2040; and
(e) Seek to integrate climate action into all municipal planning efforts, policies, and
procedures; and
(f) Ensure the participation, inclusion, and support of all citizens, including youth,
community organizations, academic institutions, indigenous groups, and racial, gender,
immigrant, and disability justice organizations, and others; and
(g) Ensure a just transition for local residents and accelerate local adaptation and resilience
strategies in preparation for intensifying local climate impacts;
BE IT FURTHER RESOLVED, the Bangor City Council directs the city manager to establish,
within 90 days, a public process to create a municipal climate action plan consistent with this
resolve;
BE IT FURTHER RESOLVED, the City of Bangor joins the global Climate Emergency
Movement and calls on the State of Maine, the United States Congress, the President of the
United States, and all governments and people worldwide to declare a climate emergency,
initiate a climate mobilization to reverse global warming and the ecological crisis, and provide
maximum protection for all people and species of the world; and,
BE IT FURTHER RESOLVED, in furtherance of this resolution, the City of Bangor shall
submit a certified copy of this resolution to the County Commissioners office, State
Representatives, Senators Susan Collins and Angus King, Governor Janet Mills, and the Maine
Climate Council, and request that all financial, technical, and relevant regulatory assistance in
effectuating this resolution be provided.
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21-101 02/22/2021
(2) Self -storage facility, provided that:
(a) No more than 1,000 square feet of floor area are provided to any one customer except
on a lot with a yard that abuts Stillwater Avenue or Hogan Road, where more than 1,000
square feet of floor area may be provided to one customer.
(3) Retail auto service, provided that:
Lc I The use is not located in the Penjaiawoc Marsh Overlay Zone
(5) Gasoline service station, provided that:
Lc I The use is not located in the Penjaiawoc Marsh Overlay Zone.
(6) Warehousing or wholesaling of goods and materials, provided that:
(b) The gross floor area of a building housing such uses shall not exceed 20,000 square feet
except on a lot with a yard that abuts Stillwater Avenue or Hogan Road, where more
than 20,000 square feet of floor area may be allowed.
(c) The use is not located in the Penjaiawoc Marsh Overlay Zone.
The requirements of Article XIX are met.
(8) Auto, truck, boat, manufactured or modular homes, agricultural and construction machinery
sales, provided that:
(d) The use is not located in the Penjaiawoc Marsh Overlay Zone.
Le) The requirements of Article XIX are met.
(9) A mixed residential and commercial use, provided that:
21-101 02/22/2021
12 Manufacturing, compounding, assembling, packing, treatment, or warehousing or
wholesaling of goods and products, provided that:
(a) The activity will not be noxious or injurious by reason of the production or
emission of dust, smoke, odor, gas, fumes, refuse matter, noise, vibration or
similar substances or conditions. The applicant must demonstrate that no
adjacent property or business will be adversely affected by the use.
(b) The use is not located in the Penjaiawoc Marsh Overlay Zone.
(c) The use is located on a lot with a yard that abuts Stillwater Avenue or Hogan Road.
Planning Division
Memorandum
To: Honorable Bangor City Council
Cathy Conlow, City Manager
CC: Tanya Emery, Director of Community & Economic Development
Josh Saucier, Assistant City Solicitor
Jeff Wallace, Code Enforcement Officer
From: Anne Krieg AICP, Planning Officer
Date: March 3, 2021
Regarding: Amending Chapter 165, Land Code, by adding allowed uses to the
Shopping & Personal Service (S&PS) District
Please accept this memorandum as the recording and explanation of the Planning
Board action on the above noted item at their requisite public hearing dated March 7,
2021.
Planning Officer Krieg read the summary from the Council Action into the record.
Questions surrounding the definition of the use of light manufacturing were addressed
A unanimous motion was passed duly made by Perkins and seconded by Meagher to
recommend to the City Council that the noted amendment ought to pass.
IN CITY COUNCIL
FEBRUARY 22, 2021
COrd 21-101
Motion made and seconded for First Reading and Referral to Planning Board Meeting on March 2,2021
Vote: 9—0
Councilors Voting Yes: Davitt,Dubay,Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague,Tremble
Councilors Voting No: None
Passed
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CITY CL RK
IN CITY COUNCIL
MARCH 8,2021
COrd 21-101
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
CITY CLE