HomeMy WebLinkAbout2021-04-12 21-150 ORDINANCE21-150 04/12/2021
CITY COUNCIL ACTION
Council Meeting Date: April 12, 2021
Item No: 21-150
Responsible Dept: Planning
Action Requested: Ordinance Map/Lot: 37/84
Title,, Ordinance
Amending Chapter 165, Land Development Code, District Map, by changing the Parcel of Land
addressed at 490 Broadway from the Urban Residence 1 (URD-1) District to the Urban Service District
Summary
This Ordinance seeks to change the zoning district for a portion of the lot addressed at 490 Broadway
from Urban Residence 1 (URD-1) to Urban Service District (USD.) The portion of the lot fronting
Broadway and a portion of Earle Avenue of the subject lot is currently zoned USD; however there is a
portion of land in the rear of the lot that is zoned URD-1.
It is not known how this strip of land zoned URD-1 was placed there. It likely was land added
purchased and added to the subject property. The Comprehensive Plan has this area as both URD-1
,?nd USD as currently zoned.
The applicant wishes to purchase the property, demolish the building, and develop and operate a car
wash at the subject property.
Committee Action
Meeting April 20, 2021
Date:
Staff Comments &Approvals
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City Manager City Solicitor Finance Director
21-150 04/12/2021
Assigned to Councilor; Sprague
ORDINANCE, Amending Chapter 165, Land Development Code, District Map, by changing the Parcel
of Land addressed at 490 Broadway (Assessors Map 37, Lot 84) from the Urban Residence 1 (URD-1)
District to the Urban Service District (USD.)
WHEREAS, at present, the subject property is generally zoned Urban Service District, with a portion
of land zoned Urban Residence 1 District;
WHEREAS,, in order to provide usable land for uses allowed in the Urban Service District at this site;
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The Zoning District is hereby amended by changing the Parcel of Land addressed at 490 Broadway
(Assessors Map 37, Lot 84) from the Urban Residence I (URD-1) District to the Urban Service Distri
Memorandum
To: Honorable Bangor City Council
CC: Cathy Conlow, City Manager
Tanya Emery, Director of Community and Economic Development
Josh Saucier, Assistant City Solicitor
Jeff Wallace, Code Enforcement Officer
From: Anne Krieg AICP, Planning Officer
Date: April 20, 2021
Regarding: Zone Change — 490 Broadway — Map -Lot 037-084 — from Urban
Residence District One (URD-1) to Urban Service District (USD)
— Capital City Holdings, LLC applicant. — To amend the Land
Development Code by changing a parcel of land located at 490
Broadway, Map -Lot 037-084, from Urban Residence District One
(URD-1) to Urban Service District (URD). Said parcel of land
contains 0.61 acres, and 0.20 acres will be rezoned from Urban
Residence District One (URD-1) to Urban Service District (USD).
Other 0.41 acres of land to remain as Urban Service District (USD).
Capital City Holdings, LLC (Edward Goff), applicant.
Please accept this memorandum as an indication of the proceedings of the Planning
Board hearing on April 20t", 2021 for the above noted zoning district change application.
The meeting was held on the city's Zoom account.
Edward Goff, applicant, presented the application. He is looking to have the entire lot
be USD. He noted the previous owners used the entire lot for their operations. He
reviewed his plan to develop a car wash, coming in off Broadway and off Earle. He
indicated he fully understood the future change to right in turn and out onto Broadway
from Earle. He read abutter concerns and does not feel like he will be adding more
traffic than previous businesses. He indicated the location was positive for his business
needs. He noted that he has other locations in Brunswick and Augusta and is a good
business owner. A local Bangor resident is planned to be the owner/operator of the
facility.
Definition of car wash as an allowed use was discussed. Car Wash is embedded in the
definition for retail auto service which is a conditional use in the USD.
Board members discussed the proposed project but were cautioned that the zoning
change is for the lot and not for a specific development.
City of Bangor
Staff Report to City Council
490 Broadway
The city needs to look at the lot to see if it makes sense for the full lot to be zoned USD
as opposed to its current state as a split lot. It is helpful to know what kind of
development might be planned there; but it shouldn't be the basis for a positive or
negative recommendation. The Board was requested to make a recommendation
assuming the lot could be developed for any of the uses allowed in USD.
Staff indicated the Comprehensive Plan has the lot split zoned as it currently stands
today.
City Engineer John Theriault reviewed the 2015 Planning Study for Broadway with
Maine DOT. He indicated that the plan is to have the Earle intersection to be right in
and out. He expressed concerns with a possible request for another curb cut on
Broadway. He did indicate he would work with the applicant to create a site that works
best with configuration planned for Broadway.
The Chair opened up the floor to public comment.
Shane Leonard spoke about welcoming new businesses and that he lives in Little City.
The area has a lot of traffic issues and there is a plan for the area. He indicated that we
shouldn't look to rezone the lots in this area until the Broadway plan has been
constructed. He feels a full development here would compound the issues that are
already there.
Another resident noticed a drop in traffic when the redemption center closed. She feels
that people will cut through their neighborhood to get to the light at Center Street when
they leave the business. The roads are narrow so she is concerned with the cut
through traffic is going to be unsafe.
David Moyse agreed with other comments about traffic in the area.
Dominick Rizzo also agreed with previous speakers. He also has concerns with the
MDOT plan for the area as well as the traffic. He feels the URD-1 was placed
purposefully to give a buffer to the residential neighborhood.
Don Meagher moved that the application ought to pass. Reese Perkins seconded the
motion.
More discussion on the Comprehensive Plan ensued.
Resident Ragner Jaeger spoke that we may not know what was planned with the split
zoned lot but it is there to be allowed for a residential use. He indicated the Board
should not vote on this until we know what can operate therewith the traffic. He added
that perhaps it could be a green space.
City Engineer John Theriault added that no further studies are planned for the area as
we just did a planning process with Maine DOT.
Pa g c 213
City of Bangor
Staff Report to City Council
490 Broadway
The conditional use application would require a traffic study as part of a conditional use
application which would produce some updated traffic numbers. Regardless of what
happens at the site, there is a right in and right out which makes it less desirable so if
there is a business that can accept those limits, then perhaps that is a good option.
A roll call vote was taken and the motion passed 3 to 2. Ted Brush and Chairman Ken
Huhn voted no, indicating that they see the URD-1 in the rear potion of the lot as a
buffer, placed there on purpose.
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P a; c 3 1 3
From:
Emerv, Tanya
To:
Theriault. John; Bickford. Melissa
Cc:
Krieo, Anne M.
Subject:
FW: Rezoning 490 Broadway
Date:
Tuesday, April 20, 2021 11:21:38 AM
Attachments:
Zonino chanoe 4.2021.docx
Wanted to be sure you had this as well, John, and Mel for the record.
From: Sprague, Jonathan
Sent: Tuesday, April 20, 2021 11:17 AM
To: Conlow, Cathy <cathy.conlow@bangormaine.gov>
Cc: Emery, Tanya <tanya.emery@bangormaine.gov>; Krieg, Anne M.
<anne.krieg@bangormaine.gov>
Subject: Rezoning 490 Broadway
Good morning,
This is just a short note about the proposed zoning change for 490 Broadway. This will be
discussed tonight at the Planning Board. I recently received a letter that had been sent to the
planning department by Frank, Sara, and Kathryn Carr of 64 Earl Avenue. (Attached for ready
reference.) This letter raised several concerns about the zoning change. After the letter, I
walked the Broadway property and had a conversation with the Carrs. I told them I thought
they had raised several legitimate questions, particularly about traffic patterns for a car wash.
I suggested that they made their concerns known to the Planning Board, in addition to the
letter sent to the Planning Department.
Most of the Carr's concerns were directed at what might be constructed on the site, not at the
rezoning of the .2 acres of land. They recognized why any property owner might want this
rezoned. I told them that there might not be much opposition to rezoning such a small strip of
land. I also indicated that they could raise their concerns at a future City Council meeting or
during any permitting process for this site, and that I was sure the Planning Department and
the City Engineer would be looking carefully at any traffic issues.
Correct me if I am wrong, but I am assuming that simply rezoning this property does not
constitute approval or imply that we favor of construction of a car wash, even though we know
that this is what is being considered.
My conversation yesterday was before today's BDN article on this zoning issue. The BDN
article was consistent with the Carrs comments.
Thanks,
Jonathan
From: Sarah Bvrne
To: Planning-WWW
Subject: RE: proposed zone change of Broadway Redemption Building
Date: Tuesday, April 20, 2021 8:43:29 AM
WARNING: This email originated outside of our organization. Messages claiming or
appearing to be from someone within our organization may be fraudulent. DO NOT CLICK
links or attachments unless you can verify the sender and know the content is safe.
Good morning,
I am writing to express my concerns over the zone change to the old Broadway Redemption
Building. As a Bangor resident who drives past the proposed car wash location at least 4
times a day, I cannot endorse the encouragement of additional turning traffic so close to the
fork in the road where one has to choose to travel into town on Broadway/the I-95 on ramp or
Center Street. The number of vehicles heading into town that make this decision at the last
minute coupled with traffic coming out of the Irving Station or the UPS/Uhaul that is turning
left towards town is already something that keeps my head on an excessive swivel while in
the area. There is also volume that turns into and off of Poplar Street/the Little City
neighborhood just past the fork in the road sometimes blocking traffic at the light at Broadway
about a block from the proposed sight. Adding the opportunity for more left turning traffic off
Broadway to the proposed site is short sided especially given that there is no turning lane.
This area of our city is in need of a modern street layout. I understand that there are plans for
a restructure of the nearest intersections. Unless a turning lane is added in this stretch of
Broadway prior to the opening of this new car wash business I am opposed to the zone change.
-Sarah Byrne, Bangor homeowner and resident
From:
Kriea, Anne M.
To:
"Taylor Chaout"
Cc:
Planning-WWW
Subject:
RE: Zone change of Earle Ave/Broadway concerns
Date:
Thursday, April 15, 2021 8:31:23 AM
r
Thank you for your comments below. They will be very helpful to the deliberations of
the Planning board.
Please know these comments will be sent to the Planning Board and the City Council
for tWeir g
You can participate in the Planning Board hearing through Zoom. The information is
on the home page for the city under the header Public Meetings & Events. You can
click on the Planning a a and the pop up
has the zoom information. If you wish to watch but not participate, you can also
watch on the City's Facebook pagea
011
Anne Krieg AICP
Bangor Planning Officer
From: Taylor Chaput <tfrancey119@gmail.com>
Sent: Thursday, April 15, 2021 5:10 AM
To: Planning-WWW <planning@bangormaine.gov>
Subject: Zone change of Earle Ave/Broadway concerns
....................................................................................................................................................................................................................................................................................................
WARNING: This email originated outside of our organization. Messages claiming or
appearing to be from someone within our organization may be fraudulent. DO NOT
CLICK links or attachments unless you can verify the sender and know the content is
safe.
To whore it may concern,
I am writing in regards to the proposed zone change at the corner of Earle Ave and Broadway to allow for the opening of a car
wash. I have several concerns regarding this proposition that I would like to bring up.
The first is noise pollution. Living in this part of Little City, we already hear the traffic on both I-95 and Broadway. The noise
that comes from a car wash will only add to the level of noise pollution in our neighborhood, which, in my opinion, will drive
down the value of the homes in the area.
Second, if I heard correctly, the intersection of Broadway and Center St is one of the most dangerous intersections in Bangor
(maybe even in Maine). With the proposed changes to make the turn out of Earle Ave to Broadway a right turn only, more
traffic will already be diverted down Earle, Warwick, and Pleasant View. These roads can barely handle the traffic we have
now. We already have issues with cars not stopping at the end of Earle Ave to turn onto Warwick and speeding around the
corner of that Fowler Ave extension. Additionally, during the winter and spring months (spring being the busiest time for a car
wash), these roads are barely wide enough for two cars to pass through. And, we don't have any sidewalks in this area except
for a small part of Earle (and it's in rough shape). The roads themselves are in rough shape too. There are many young children
in this area, including my own, who enjoy to play outside. Unless the city plans to address the lack of sidewalks and the
condition of the roads, I don't think it is reasonable to allow a zone change for a business that is going to draw a lot of traffic
(and noise) to this area.
I hope you will take these concerns into consideration before allowing any kind of zone change to this location.
Thank you,
Taylor Chaput
23 Warwick St
Taylor
To: tall it it ........ b... ..Ira it g oii irm liir e.,g!2y
From: The Carr Family at 64 Earle Avenue
Subject: 490 Broadway — 21-150 Ordinance to amend Chapter 165
We have recently learned of the proposed ordinance change to Chapter 165. A neighbor on Lemist
Street alerted us to the proposed zoning change. Here are some of our concerns:
• How will customers enter and exit the business?
o The Broadway approach: This is a particularly dangerous stretch between the overpass
and Center Street or traffic lights before Mary Snow School.
■ Vehicles are merging onto Broadway from the interstate and are jockeying for a
position.
o The Earle Avenue approach: many tailgating vehicles think that a right turn signal means
a turn onto Center Street only.
■ It can be a close call when making a right turn onto Earle Avenue.
• It is our understanding that a car wash may be built on the 490 Broadway lot. This type of
business tends to create a line of waiting customers.
o Would this traffic backup onto Broadway, Earle Avenue, Lemist Street or the Tri-City
Pizza Parking lot?
• The Maine DOT has completed a study of the Broadway Corridor.
o Part of the study proposes a right turn only in and out of Earle Avenue.
o How would this effect the proposed business?
o How much additional traffic will this create in the neighborhood?
o This is a residential neighborhood where the streets are narrow and blind spots could
cause accidents.
We would be happy to answer any questions that you may have.
Frank, Sara and Kathryn Carr
IN CITY COUNCIL
APRIL 12,2021
Cord 21-150
Motion made and seconded for First Reading and Referral to Planning Board Meeting of April 20,2021
Vote: 9—0
Councilors Voting Yes: Davitt,Dubay,Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague, Tremble
Councilors Voting No: None
Passed
CITY 6LtkIC7
IN CITY COUNCIL
APRIL 26,2021
COrd 21-150
Judith Rosenbaum-Andre,Raguer Jaeger,Dominick Rizzo and Dennis Andre spoke against this change for safety reasons and
not knowing the impact of additional traffic in the surrounding neighborhoods.
Ed Goff, developer of the project, stated there would be right turns only. He said there could be a multitude of allowed
businesses on this site that could have more hours of operation than the proposed car wash. He said they operate several car
washes on extremely busy streets throughout the state.
Motion made and seconded for Passage
Vote: 7 -0
Councilors Voting Yes: Davitt,Dubay,Fournier,Hawes,Nichols, Okafor, Schaefer
Councilors Voting No: Sprague,Tremble
Passed
CITY CLERK