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HomeMy WebLinkAbout2021-04-26 21-168 ORDINANCE21-168 04/26/2021 CITY COUNCIL ACTION Council Meeting Date: April 26, 2021 Item No: 21-168 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: n/a Title, Ordinance Amending Chapter 165, Land Development Code, by adjusting locations for some allowed uses to the Shopping & Personal Service District (S&PS) Summary This Ordinance will amend Chapter 165, Land Development Code, by allowing some of the recently added commercial/industrial uses in the Shopping & Personal Service District on Bangor Mall Boulevard and Longview Drive. This will help property owners in these areas that do not have direct access to Stillwater/Hogan but are on roadways that are equipped to handle the maneuvering and traffic needs for these uses. Committee Action Committee: Planning Board Action: Staff Comments & Approvals Ctx-�11 ') City Manager Meeting Date: May 4, 2021 For: a "-� City Solicitor Introduced for: First Reading and Referral Against: Finance Director 21-168 04/26/2021 CITY COUNCIL ORDINANCE Date: April 26, 2021 Assigned to Councilor: Okafor ORDINANCE, Amending Chapter 165, Land Development Code, by adjusting locations for some 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 properties that abut Bangor Mall Boulevard and Longview Drive should also be allowed to develop or re -develop for these 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). D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (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 Bangor Mall Boulevard, Longview Drive, Stillwater Avenue or Hogan Road, where more than 1,000 square feet of floor area may be provided to one customer. (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 Bangor Mall Boulevard, Longview Drive, Stillwater Avenue or Hogan Road, where more than 20,000 square feet of floor area may be 21-168 04/26/2021 allowed. (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 Penjajawoc Marsh Overlay Zone. (c) The use is located on a lot with a yard that abuts Bangor Mall Boulevard, Longview Drive, 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: May 4, 2021 Regarding: Amending 165 Land Development Code, allowing some of the recently added commercial/industrial uses in the Shopping and Personal Service District to be allowed for properties on Bangor Mall Boulevard and Longview Drive. 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 May 4, 2021. Planning Officer Krieg reviewed the staff comments including: A. This is a staff -led request to add the roadways Bangor Mall Boulevard and Longview Drive to the allowed lots with frontage thereto that can have industrial uses. B. When we wrote in the ability for distribution and light manufacturing into the Shopping & Personal Service District initially a few months ago, there was a concern about the ripple effect to other parts of the city that are also S&PS. These areas had not been studied for impacts or other land use considerations for these additional uses. To prevent unintended consequences, these noted uses were requested and voted through to only be on the Stillwater Avenue Hogan Road lots. C. The Bangor Mall and other underutilized or vacant lots also have frontage on the Mall Road. Additionally, there are lots in S&PS that are up by Target that also could easily house these more intense commercial/industrial activities. This proposed amendment allows for these uses in these noted locations. Planning Staff comments on changes to S&PS D. This is a reminder the Board should pass a motion as which is a recommendation to the City Council that the request ought to pass or ought not to pass. A unanimous motion was passed duly made by Member Perkins and seconded by Member Hogan to recommend to the City Council that the noted amendment ought to pass. IN CITY COUNCIL APRIL 26,2021 Cord 21-168 Motion made and seconded for First Reading and Referral to Planning Board Meeting of May 4,2021 Vote: 9—0 Councilors Voting Yes: Davitt,Dubay,Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague, Tremble Councilors Voting No: None Passed CIT CLE IN CITY COUNCIL MAY 12,2021 Cord 21-168 Motion made and seconded for Passage Vote: 8—0 Councilors Voting Yes: Davitt,Dubay,Fournier,Nichols,Okafor, Schaefer, Sprague,Tremble Councilors Voting No: None Passed CI Y CLERK