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HomeMy WebLinkAbout2021-05-10 21-177 ORDINANCE21-177 05/10/2021 CITY COUNCIL ACTION Council Meeting Date: May 10, 2021 Item No: 21-177 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: 40/1-A Title, Ordinance Amending Chapter 165, Land Development Code, District Map Amendment rezoning the property addressed at 1012 Broadway from Low Density Residential (LDR) to General Commercial and Service (GC&S). Summary This Ordinance amendment seeks to change the property addressed at 1012 Broadway from Low Density Residential to General Commercial and Service. This portion of Broadway has seen increased retail and commercial development over the last decade. There are condominium properties in the area; however, the size of the lot limits the ability to develop the property for that purpose. The property owner intends to use the property for commercial development. The Comprehensive Plan notes this lot as Low Density Residential, abutting Shopping & Personal Service District. Committee Action Committee: Planning Board Action: Staff Comments & Approvals Meeting Date: May 18, 2021 For: Against: City Manager City Solicitor Finance Director Introduced for: First Reading and Referral 21-177 05/10/2021 CITY COUNCIL ORDINANCE Date: May 10, 2021 Assigned to Councilor: Sprague ORDINANCE, Amending Chapter 165, Land Development Code, District Map Amendment rezoning the property addressed at 1012 Broadway from Low Density Residential (LDR) to General Commercial and Service (GC&S). WHEREAS, at present, there is a mix of attached residential and commercial uses in the environs of the subject lot, WHEREAS, the applicant seeks to place a commercial development in this area; 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 District Map is amended as follows: The property addressed at 1012 Broadway is hereby rezoned from Low Density Residential (LDR) to General Commercial and Service (GC&S). IN CITY COUNCIL MAY 10,2021 Cord 21-177 Motion made and seconded for First Reading and Referral to Planning Board Meeting of May 18,2021 Vote: 8—0 Councilors Voting Yes: Davitt,Dubay,Fournier,Nichols, Okafor, Schaefer, Sprague, Tremble Councilors Voting No: None Passed CIT LERIV IN CITY COUNCIL MAY 24,2021 Cord 21-177 Motion made and seconded for Passage Vote: 0—8 Councilors Voting Yes: None Councilors Voting No: Davitt,Dubay,Fournier,Hawes. Nichols, Schaefer, Sprague,Tremble Motion Failed Q- ') CITY UERK 21-177 MAY 24, 2021 21-177 MAY 24, 2021 21-177 MAY 24, 2021 21-177 MAY 24, 2021 21-177 MAY 24, 2021 21-177 MAY 24, 2021 From:Robert Ogan To:Planning-WWW Subject:Proposed Zoning Change at 1012 Broadway, Bangor, Maine Date:Friday, May 7, 2021 9:22:02 PM ________________________________ 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. ________________________________ Dear Members of the Bangor Planning Board, Thank you for mailing the Public Notice on April 28, 2021 to property owners concerning the public hearing on Tuesday, May 18, 2021, to consider an amendment to the Land Development Code by changing the parcel of land located at 1012 Broadway from Low Density Residential to General Commercial & Service District. For safety reasons, I object to the proposed change. I own a residence at 78 Baldwin Drive and due to the current traffic patterns it is often difficult to make a left hand turn on to Broadway from Baldwin Drive. Broadway is only a single lane road in each direction at this location and a commercial business, especially one with a "drive through” would potentially cause further traffic disruptions. Dunkin Donuts often has cars backed out onto Broadway where the road is widened - the location at 1012 Broadway does not have that capacity. In addition, the traffic leading to and coming from Bangor High School is also impacting on the traffic flow in that area of Broadway. Furthermore, the hill that leads past Dunkin Donuts to Orchard Hills impacts visibly for traffic in both directions. I greatly appreciate your prioritized consideration for the safety of the Orchard Hills and Cortland Circle residents who would be impacted by this potential zoning change. Respectfully, Robert D. Ogan 78 Baldwin Drive Bangor, Maine 04401 21-177 MAY 24, 2021 From:Linda Thompson To:Planning-WWW Subject:Zoning change 1012 Broadway Date:Friday, May 7, 2021 5:50:59 PM 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. I feel the zoning change as well as the proposed business at 1012 Broadway will create many traffic issues. I doubt another coffee etc. business is necessary so close to Dunkin. I’m not a Dunkin fan, I’m am opposed to increased traffic in a very busy area. Thank you for carefully considering this proposed change. Linda Thompson 2 Cortland Circle Bangor, ME 21-177 MAY 24, 2021 From:bshorne52890 To:Planning-WWW Subject:Zoning Change at 1012 Broadway Date:Monday, May 10, 2021 10:45:28 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. Hello, I own the property at 20 Orchard Hills Parkway across the street. The traffic on broadway, by my townhome is horrible during the morning hours already. adding a new coffee drive thru in and out would make things even worse. I think the only way it would work would be if the orchard hills exit had a smart light at it or some way to improve traffic flow. Thank you, Ben 21-177 MAY 24, 2021 From:Rosalyn Fisher To:Planning-WWW Subject:Fwd: Proposed Zoning Change Date:Monday, May 10, 2021 1:58:04 PM 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. ---------- Forwarded message --------- From: Rosalyn Fisher <osurosalyn1960@gmail.com> Date: Mon, May 10, 2021 at 1:20 PM Subject: Proposed Zoning Change To: <planning@bsngormaine.gov> Cc: Alan Paradis <jalanp@aol.com> My name is Rosalyn Fisher and I live at 49 Cortland Circle. I am writing to oppose the Proposed Zoning Change, 1012 Broadway. Since I moved to Bangor,9 years ago, the traffic on Broadway has increased to the point that it is often hard to turn left out of Orchard Hills Parkway. I learned early on to avoid school opening and closing times, but the traffic flow all day long has increased and in order to go to church or to get groceries, I usually have to wait since the flow from the stop light at Grandview and the other light from Griffin creates safety issues. Visibility coming up the hill from Griffin is poor and I feel like I am watching a ping-pong match to find a clear space from both directions. As a senior citizen, I am especially concerned in the winter when roads may be slippery. Please reconsider this zoning change. We have DD, Dysarts and Leadbetters. People should be able to get their coffee at one of these establishments. Thank you for your consideration. Rosalyn Fisher 49 Cortland Circle, Bangor, ME 207 404-4729 21-177 MAY 24, 2021 From:Rosalyn Fisher To:Planning-WWW Subject:Proposed Zoning change Date:Monday, May 10, 2021 4:28:26 PM 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. My name is Rosalyn Fisher and my home is at 49 Cortland Circle. I am writing to oppose the Proposed Zoning Change, 1012 Broadway. Since I moved to Cortland Circle 9 years ago, the traffic on Broadway has increased to the point, that it is often hard to turn left out of Orchard Hills Parkway. I learned to avoid school opening and closing times, but the traffic flow all day has increased. In order to get groceries or go to my church on Essex I need to turn left., I usually have to wait until the traffic flow from the stop light at Grandview, and the light at Griffin lets up in order to turn safely. I feel like I am watching a soccer game. I am very concerned about access for Fire and Rescue vehicles to Orchard Hills and Cortland Circle. Many home owners are senior citizens. I think we have enough coffee shops on Broadway now. Please consider how this zoning change would impact all of us. Has a traffic study been done? Rosalyn C. Fisher 49 Cortland Circle Bangor, ME 04401 207 404-4729 21-177 MAY 24, 2021 From:Bill & Jacquie Sullivan To:Planning-WWW Subject:Proposal for drive through coffee franchise on broadway Date:Friday, May 7, 2021 2:31:28 PM 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. I travel Broadway at least twice a day and the traffic is getting worse as the years go by. Just turning left out of Dunkin Donuts becomes a problem in the summer. And the new car wash by Tri-City will only exacerbate the Broadway problem. I would like to offer my disapproval of this project. Thanks, jacquie sullivan 37 packard drive bangor, me 21-177 MAY 24, 2021 Bickford, Melissa From:katherine whitney <kayw04401@gmail.com> Sent:Tuesday, May 11, 2021 10:00 AM To:Planning-WWW Subject:zoning change at 1012 Broadway ,from LDR to GC&S WARNING:Thisemailoriginatedoutsideofourorganization.Messagesclaimingorappearingtobefromsomeone withinourorganizationmaybefraudulent.DONOTCLICK linksorattachmentsunlessyoucanverifythesenderand knowthecontentissafe. Idonotapproveofthisproposedzonechangedesignation.Ihavelivedat89BaldwinDrivesinceAprilof2008.Inthat timetherehasbeenadramaticincreaseintrafficonBroadwaymakingmyaccesstoBroadwaydifficultatcertaintimes eaccessmoreso.Inaddition,vehiclesareusuallygoingatan oftheday.Anynewbusinessintheareacanonlymak aggressivespeedwhenpassingtheBaldwinDriveandOrchardHillParkwayentrancestoOrchardHillsandCortland Circle,particularlywhenheadingoutofBangor.Icanforeseeaccidentswhenvehiclesarestoppedonthehilltryingto makealeftturnintoanybusinesslocatedonthelotinvolvedwiththisproposedchange.Ithinkthelocationonthehill isamajordrawbacktotheapprovalofabusinesslocation. IunderstandthatSt.Joe'sisplanningtoincreasethetypesofservicestheywillprovideat900Broadway.Thiswillalso increasethetrafficinthearea. Pleaseconsidermyreasonsforobjectingthischangeanddonotrecommendapprovalofthischange. thankyou. KatherineC.Whitney 1 21-177 MAY 24, 2021 From:Sarah Cary Robinson To:Planning-WWW Subject:Zoning Change Date:Tuesday, May 11, 2021 4:36:00 PM ________________________________ 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. ________________________________ Dear planning board members: I respectfully request a copy of the application for a zoning law change to a parcel of land located at 1012 Broadway, map-lot R40-001-A. Thank you Sarah Robinson Sent from my iPhone 21-177 MAY 24, 2021 From:sfcurrier94 To:Planning-WWW Subject:Zone change 1012 Broadway, Map-Lot R40-001-A Date:Wednesday, May 12, 2021 4:45:25 PM 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. Dear Ms. Krieg, As a longtime resident of Baldwin Drive and 50+ year resident of east side Bangor, I am definitely opposed to the proposed zoning change at 1012 Broadway. This change would make the entering and exiting from Baldwin Drive much worse. I understand that a coffee shop is planned on the site. This is ridiculous. From Baldwin Drive to Burleigh Road there are four places for coffee, Leadbetters, Irving Convenience, Dysarts, and Dunkin Donuts. This is in a short space and does not include McDonalds, Tim Hortons or Governors. Again, I strongly oppose this proposed zoning change. The Earle Avenue change will add to the traffic nightmare there. This was a poor decision in my opinion. I have been waiting for the traffic improvements there promised years ago. Orchard Hills is a lovely community started in 1985, and it should not be made more difficult to access home by this proposed zone change with no merit. It is unfortunate that we are still in a pandemic so that inperson protests are not wise. Thank you for your consideration. Sandra F. Currier 94 Baldwin Drive Sent from Samsung tablet. 21-177 MAY 24, 2021 From:Rudi Eyerer To:Planning-WWW Subject:1012 Broadway proposed zoning Change Date:Thursday, May 13, 2021 10:46:29 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. To Whom It May Concern: Thank you for your consideration. I for one would appreciate it if the zoning remained the same. It is already difficult enough to access Broadway so that additional traffic is not necessary. Broadway is busy enough. I understand it’s the busiest roadway in Bangor. Enough already! I live at 93 Baldwin Drive and have for circa 20 years. Thank you! Rudolf Eyerer 21-177 MAY 24, 2021 From:Parice Desjardins To:Planning-WWW Subject:Proposed Zoning Change @ 1012 Broadway, Bangor, ME Date:Thursday, May 13, 2021 12:05:15 PM ________________________________ 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. ________________________________ Dear Bangor Planning Board: My name is Parise Desjardins. I live at 21 Cortland Circle in Bangor. I am very concerned about the above request of rezoning 1012 Broadway for commercial purpose. As it is, we, the residents of Cortland, finds it very difficult at various time of any day to be able to access Broadway. Traffic coming or going drives at an aggressive speed by the time they pass Orchard Hills Parkway entrance/exit where residents of Cortland and Orchards Hill are trying to get on Broadway. Furthermore, being a retirement community, Cortland Circle residents need the ambulance services promptly at times. This extra traffic caused by a commercial zoning at 1012 Broadway would be detrimental in these crucial occasions. This problem would also apply to a needed Fire Truck situation. As a property tax payer in the city of Bangor, I totally opposed this rezoning @ 1012 Broadway to become commercial. It is unacceptable. Sincerely, Parise Desjardins Sent from my iPad 21-177 MAY 24, 2021 From:Gerard Tassel To:Planning-WWW Subject:Application for zone change at 1012 Broadway Date:Friday, May 14, 2021 11:42:30 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. Dear Bangor Planning Board: We are writing to express our total opposition to the Proposed Zoning Change at 1012 Broadway. Residents of Cortland Circle and Orchard Hills already have to deal with difficult, unsafe conditions to enter or exit their retirement communities. Making a left turn onto Broadway between cohorts of cars speeding uphill from either side of Broadway has now become a hazardous task, especially for older drivers. As the traffic on Broadway has tremendously increased over the last five years, it has become increasingly difficult to have enough interruptions in traffic coming from both sides to make a safe turn. The safety risk is increased by the lack of visibility on both sides of the hill. The address of 1012 Broadway is the worst location on route 5 between School Street and Griffin Road to increase traffic by changing the zoning from Low Density Residential to GC&S District. Adding more traffic congestion at 1012 Broadway is a recipe for disaster. Gerard and Anita Tassel 46 Cortland Circle l 21-177 MAY 24, 2021 From:Susan Tracy To:Planning-WWW Subject:Proposed Zoning Change on Broadway Date:Friday, May 14, 2021 11:46:43 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. To whom it may concern, I cannot stress enough how much I am against new zoning for Broadway! I have resided at Orchard Hills Estates for over 22 years now and it’s absolutely dangerous enough trying to get onto Broadway! This zoning change would add extra danger to an already dangerous area. The present challenge of people speeding up over the hill after DD and newer drivers from the high school is already challenging enough. This new zoning is an absolute recipe for disaster! I really hope you put the safety of us that reside here over any zoning changes. Sincerely, Susan Tracy 58 Baldwin Drive 21-177 MAY 24, 2021 From:Therese Ford To:Planning-WWW Subject:Proposed Zoning Change Date:Friday, May 14, 2021 12:55:44 PM ________________________________ 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. ________________________________ Hello, I am writing to state that I am opposed to the proposed zoning change at 1012 Broadway, Bangor, ME. Traffic on Broadway is already horrendous. I live at Orchard Hills and it takes forever to get out onto Broadway during morning and evening drives. Also traffic is bad when the High School lets out. Traffic already goes at a fairly aggressive speed now. Any further development will adversely affect the queuing of traffic on this section of Broadway. Thank you for your time and consideration on turning down this proposal. Sincerely, Therese Ford @ 85 Baldwin Dr., Bangor, Maine 04401 Sent from my iPhone 21-177 MAY 24, 2021 From:Sarah Cary Robinson To:Planning-WWW Subject:Zoning Change Request - 1012 Broadway Date:Friday, May 14, 2021 1:00:43 PM 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. Dear Planning Board Members: I write today to oppose the application that Mr. Albert Randall submitted on April 26, 2021 to change the zoning of the lot at 1012 Broadway—owned by Richard L. Kelley-- from LDR to GC&S. My home is at 1002 Broadway, right next door to 1012 Broadway. I have lived there for five years. I purchased my property knowing that it,and the lots contiguous to it, were classified as Low Density Residential (LDR). Having spent the last 30+ years living in rural Maine, this was exactly the classification that met my needs and requirements —close enough to the city and to Husson University, where I work, but also with a rural feel compared to the compact nature of much of Bangor’s property. I didn’t mind that Broadway was a (very) busy road nor that there were businesses nearby in both directions. I bought believing that the LDR zoning of my lot and those around me would protect my privacy and the value of my property. I bought with the expectation that my home would be protected by this designation. By contrast, Mr. Kelley has bought the lot next to me on speculation. He bought knowing that it was zoned as LDR zoned property and is speculating and gambling on being able to convince you, Bangor’s Planning Board, that you will reward his speculation with a zoning change. I will be personally harmed if you change the zoning of 1012 Broadway from LDR to GC&S. Financially, a commercial venture on this property set next to my home will devalue my property significantly. Essentially, it would become unsaleable as a residential property. According to city records, Mr. Kelley paid $35,000 for his 1.29 acre lot. It is safe to assume that the value of my 0.69 acre lot will be no more than that if this zoning change is granted. Few people would want to live very close to a commercial venture (the lots are only about 100 feet wide). It is public record that I paid $124,000 for my property, and given the current housing market, it is likely that it is currently worth considerably more. Further, I have currently contracted with two firms to do significant work on my home this summer. I am obligated to move forward with these projects—funds that will be wasted if 1012 Broadway is zoned commercial. 21-177 MAY 24, 2021 The financial harm that I would face with this zoning change would be significant and personally devastating. In addition, my quality of life will be severely affected. Currently, I enjoy the peace and quiet of my home and my yard. While a few people walk by my home, I don’t worry about privacy or generally fear for my safety. A commercial enterprise next door with its accompanying patronage would shatter exactly the quality of life that the current zoning of LDR affords me and the premise under which I purchased my property. Privacy with a commercial property next door would be non-existent. Depending on the use of the property, my ability to sleep, entertain friends, and feel safe could be severely compromised. In short, commercial zoning of the property next to mine would create an significant personal hardship. So that’s my personal concern, but it also makes little sense from the city’s point of view: 1) If the zoning for 1012 Broadway is changed, it will be a commercial lot simply plunked down in the middle of an LDR zone. Neighboring lots on both sides of Broadway and across the street are all in the LDR zone. Granting this change, and having a single commercial lot surrounded by residential property would not be a prudent zoning decision. 2) Broadway is already a dangerous road. With the entrance to the Orchard Hills Condominium complex and the existing traffic, I always turn right coming out of my driveway—choosing to travel longer distances, rather than to make a left turn. A commercial enterprise located at 1012 Broadway, would further exacerbate an already dangerous road with heavy traffic. While I recognize that the exact use of the property does not enter into your decision whether or not to grant this request for a zoning law change, I hope you will at least take into account that such a change could have a dramatic effect on road safety in the area. The Bangor rumor mill says that Mr. Kelley is looking to put a fast food or drive through facility on the property. A dangerous situation already exists at Dunkin’ Donuts at the bottom of the hill, where it is not unusual to see traffic backed up onto Broadway during rush hour as patrons wait in line for their drive-thru service. A similar situation at the top of the hill for any sort of commercial venture could lead to significant hazards. 3) The area serves as a wildlife corridor providing access between otherwise disparate conservation areas and other currently undeveloped parcels. For the last 12 months, we have had a resident bear. This is known due to multiple sightings, scat, and destroyed bird feeders. In addition, deer, skunk, raccoons, fox, and many species of birds take advantage of the properties in this area and use them as a corridor between conserved and other currently wild areas that are nearby. As urban sprawl continues, it has been demonstrated that the best way for wildlife and humans to co-exist is to provide avenues for animals 21-177 MAY 24, 2021 to travel to reach increasingly smaller areas of suitable habitat. A commercial enterprise in the middle of this otherwise low density area would impact the ability of these animals to continue to survive here and likely increase the opportunity for negative human/animal interactions—be it a bear in garbage or deer being struck on Broadway. I recognize that land-use planning and zoning are fluid processes that must naturally evolve over time, but “z oning also provides a measure of predictability to land owners or potential land owners by providing them with information regarding the types of uses permitted on their property as well as on surrounding properties.” (quoted from Bangor’s website). It appears that this request is driven by one person’s speculative purchase of real estate, hoping that the planning board will make the change he desires, not a thoughtful, measured change based on the needs of the city, its residents, and our natural environment. I respectfully urge you to deny this request. Sarah Robinson Homeowner, 1002 Broadway 21-177 MAY 24, 2021 From:Jacey Keller To:Planning-WWW Subject:Proposed Zoning Change Date:Friday, May 14, 2021 1:43:51 PM 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. Hello, I am writing to express my concerns about the proposed zoning change at 1012 Broadway, Bangor. I am a resident of Orchard Hills and strongly oppose this due to the heavy amount of traffic on Broadway in front of the entrance and exits to our neighborhood. Traffic travels very quickly in front of our neighborhood and we don't have a turning lane or any stop signal at this time. Traffic is also very heavy during morning and evening commuting times and during school dismal times and residents already experience extended waits to be able to enter Broadway. Adding a commercial residence across from our residence would add more volume to the traffic difficulties we already have. Again, I strongly oppose this change as Broadway current is designed. Thank you for your time and consideration. Best, Jacey Keller 207-907-9111 21-177 MAY 24, 2021 From:Burke To:Planning-WWW Subject:parcel land located at 1012 Broadway to amend from LDR to GC & S Date:Saturday, May 15, 2021 4:02:24 PM 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. As an Orchard Hills Parkway property owner and taxpayer I am writing to express my concern about the above noted proposed zoning change. This change, if granted, would I believe generate a dramatic and potentially dangerous increase in traffic volume along Broadway particularly during normal business hours. It would make access to Broadway from both Baldwin and Orchard Hills even more difficult than it currently is and significantly increase the potential for accidents. I would ask the board to consider these concerns carefully before granting any zoning changes for the property in question. Thank you for your consideration, Michael Burke 13 Orchard Hills Parkway 21-177 MAY 24, 2021 From:Andy Shuman To:Planning-WWW Subject:proposed zoning change on 1012 Broadway Bangor Date:Saturday, May 15, 2021 7:25:19 PM 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. 5/15/21 Jani Shuman 97 Baldwin Dr Bangor, ME 04401 949-3083 To whom it may concern: I am writing in protest of the zoning change from low density residential to general commercial & service district. I have lived at Baldwin drive for 14 years now, I have watched the traffic and noise level steadily grow every year. It has been documented that over 15,500 cars travel Broadway daily. Rarely is there a stop in the flow of traffic. Adding another business that will have a drive through, will just add to the congestion and well as the rate of accidents. There are already times of the day when you are not able to make a left turn out of this complex without a long wait or pulling out in front of cars in an unsafe situation. My condo is the closest to the road, due to the noise from the car volume, in the summer I rarely open my front windows, rarely does the traffic stop. I will also be almost directly across from this new business, not a view I would prefer and not why I moved into this complex. The St Joseph hospital outpatient complex is across the road and with their expansion soon, there is going to be more traffic as well. Bangor High school is here as welland again, there is traffic congestion when school gets out for the day. The traffic lights are not near enough or in sink to help with the traffic flow near us already. We do not need another coffee shop across the road from us, there is a perfectly available building on Broadway and Husson Ave, the old bank, that has a drive through already in it and the building is vacant and there is a light there. Why does the city continue to let business build new business when there are so many abandonedbuildings around that are available, to mention the bank, and at least out by the mall, one torn down now, but they are everywhere, it is a waste of space and perfectly good buildings. I am very much against this as a homeowner and hope that you will not change this zoning. thank you a concerned citizen Jani Shuman 21-177 MAY 24, 2021 From:RCASWELL@roadrunner.com To:Planning-WWW Subject:zoning change proposal Date:Sunday, May 16, 2021 1:57:14 PM 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 whom it may concern, My name is Roberta Caswell and I live at 11 Orchard Hills Pkwy. I am writing today to let you know about my concerns with the amendment to changing the zone at 1012 Broadway from LDR to GC&S. I have lived in Orchard Hills the past 15 years. My unit is up front facing Broadway. Most late afternoons the traffic is backed up from the light at Burleigh Rd. past my home to Eye Center Northeast from 4:30 to about 5:15 when people are heading out of Bangor on route 15. Also it is very difficult to turn left from Orchard hills pkwy onto Broadway especially from 7:30 to 8:15 in the morning and 1:50 to 2:15 when school gets out. And in between those times I have sometimes waited more than 5 minutes to get onto Broadway. Our only exit is Orchard Hills Pkwy and Baldwin Dr. We have no other exit and entrance ways for our total of 151 units. And some units use 2 vehicles. Numerous accidents have taken place right in front of Baldwin Dr and Orchard hills. When I turn into Orchard Hills from Broadway the cars go around me onto the dirt so they do not have to stop and wait for me to turn. The lights at Grandview and Burleigh Rd. do not help the flow of traffic. If a business was approved right across Baldwin Drive it would create numerous accidents and long lines of traffic trying to flow. I urge the planning board not to approve this land development code. Thank you for you time. Roberta Caswell 21-177 MAY 24, 2021 From:kim libby To:Planning-WWW Subject:Proposed Coffee Shop on Broadway Date:Sunday, May 16, 2021 6:48:26 PM 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. Dear Planning Board Members, My name is Kim Libby and am currently living at 82 Baldwin Dr. The purpose of my email is my deep concern for the safety of not only the people who live at Orchard Hills and Cortland but anyone who commutes on Broadway. As we all know there have been numerous accidents on Broadway in the past, I have experienced many near misses waiting to turn into either Baldwin Dr or Orchard Hills . Individuals exceed the speed limit and constantly pass on the right and going off pavement to do so on a daily basis. I feel to aid in preventing future accidents there should be turning lanes and a widened road to accommodate this. In my opinion Broadway is already dangerous with speeding, individuals blocking the roadway to get in line for Dunkin Donuts. I do not see this improving only becoming much worse. There are other areas much more suitable for another coffee shop Thank you for taking the time to read my concerns and taking them into consideration. Sincerely, Kim Libby 82 Baldwin Dr 21-177 MAY 24, 2021 From:Ruth Pierson To:Planning-WWW Subject:Public Hearing May 18, 2021 Date:Monday, May 17, 2021 9:21:04 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. My name is Ruth Pierson. I am a tax- paying citizen of Bangor and reside at 43 Baldwin Drive, Orchard Hills Estates off Broadway. I write today in firm opposition to the proposed zoning change to the 1.29 acre of land at 1012 Broadway. The proposal, as presented, is to change that parcel of land from LDR to a General Commercial and Service District, with apparent plans for a coffee shop and possible drive- thru. Broadway is already one of the most heavily trafficked routes in Bangor with an excess of 15,500 vehicles per day using the road at various speeds. For the 150 homeowners of Orchard Hills Estates and Cortland Circle there already exists a substantial problem with getting on/off Broadway. We have only two egress routes: Orchard Hills Parkway, and Baldwin Drive which is directly across from the parcel of land in question. Adding more traffic, more turns, longer waits to join or or exit the Broadway traffic flow, to the Bangor High School traffic, school buses, St. Joseph’s Medical Complex traffic, 18- wheelers as well as the regular commuter traffic, creates a significant safety issue. Broadway is not wide enough for an extra turn lane and there is no traffic light at the proposed location. I encourage the Planning Board of the CITY OF Bangor to seriously consider the homeowners and residents of Orchard Hills and Cortland Circle as well as the significant safety hazards created by a zoning change and commercial development to 1012 Broadway. I urge you to oppose the the zoning change request. Thank you for your time. Ruth Pierson -- Ruth S. Pierson (207) 949-6089 21-177 MAY 24, 2021 From:K D To:Planning-WWW Subject:Rezoning on Broadway Street Anne Krieg Date:Monday, May 17, 2021 10:03:35 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, Anne, A left a message at the office last Monday about the rezoning on Broadway near Orchard Hill/Cortland Circle. As I didn't hear back, I'm sending an email. I reject the proposed zoning change from resident to commercial. It is hard enough to get out on Broadway from Orchard Hill Parkway now and with more businesses it will be horrible. Very few people obey the speed limit on Broadway now and it will be worse with the change. We have early morning traffic going to work, the buses from Bangor High, the huge trucks, etc. Also the traffic lights from the ice cream shop and the radio station are on the same schedule and that is a problem. What we need is a traffic light at the entrance to St. Joseph's Internal Medicine offices and the road from the high school onto Broadway. I don't know if that would help or not, but please look into it. So my vote is NO to the changes. I live at 38 Cortland Circle and have been there for 14 years. Thanks for listening to my opinion. Kay Davis 21-177 MAY 24, 2021 I am a resident of orchard hills. Broadway is an extremely busy road, and for several years now I have had to wait up to 15 min to get out. If something is built across the street it will make the situation even worse. The congestion will be emense, and cause accidents. We do not need another coffee shop in this area with Dunkin' doughnut and Dysarts so close As a tax payer I am very upset about this plan. Thank you Linda McQuarrie 21-177 MAY 24, 2021 From:Christine M. Bouchard To:Planning-WWW Subject:Opposition to Zone Change at 1012 Broadway Date:Monday, May 17, 2021 3:56:54 PM 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 Afternoon! My name is Christine Bouchard. I have lived and paid taxes at 39 Baldwin Drive, Bangor, Maine for the last 19+ years. Baldwin Drive is located in Orchard Hills Estates and is perpendicular to Broadway. The reason for my correspondence with you this afternoon is to express my firm opposition to the proposed zoning change to the 1.29 acre parcel of land at 1012 Broadway, Bangor, Map- Lot R40-001-A from Low Density Residential to General Commercial & Service District. It has been noted by several people that plans are to put in a small coffee shop with a possible drive-thru. The thought of this type of establishment directly across from Baldwin Drive literally makes me shudder. I am not only a resident here at Orchard Hills Estates, but I am also the President of the Board of Directors. That makes me a representative of 101 units/homeowners. It is my duty to uphold the By-Laws and the Rules & Regulations of this community. It is also my duty to make sure that I keep my community safe for all that live here. Behind Orchard Hills Estates is another community, Cortland Circle, with another 51 units/homeowners represented by a separate Board of Directors. However, they stand along with me in opposition to this change. This means at any given time, 152 homeowners are attempting to leave their homes. We have only two means of exiting our community onto Broadway, Baldwin Drive and Orchard Hills Parkway. This area of Broadway already sees over 15,000 cars a day traveling at over 30 miles per hour. Just this morning, at 10:30 a.m., cars were backed out into Broadway from Dunkin’ Donuts creating the potential for accidents. That’s not even at the worst traffic times of the day. Add to that the traffic from Bangor High School and St. Joseph Hospital and it’s a recipe for disaster. I have seen this road get busier and busier over the last 19 years that I have lived here and the last thing we need is something that will cause more traffic, more backed up traffic, and other various traffic challenges. Please consider the residents of Orchard Hills Estates and Cortland Circle and the significant safety issues another business on the already unsafe stretch of road when making your th decision on Tuesday, May 18. I stand firmly opposed to the zone change and I am hopeful that the Planning Board members 21-177 MAY 24, 2021 will fully consider my position. Thank you for your service to Bangor. Sincerely, Christine M. Bouchard, President _______________________________ Orchard Hills Homeowners Association HopeForACure824@ymail.com (207) 745-0454 Sent Via Yahoo Mail 21-177 MAY 24, 2021 From:Beverly Dority To:Planning-WWW Subject:Proposed Zoning Change, 1012 Broadway Date:Tuesday, May 18, 2021 9:20:40 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. I have heard that a zoning change has been requested at 1012 Broadway for a coffee shop. I have lived at Orchard Hills on Baldwin Drive for 14 years, and I have seen many changes in this area, all affecting traffic flow. Before I retired 5 years ago, I had to leave for work at 7:30 am in order to get to work by 8 am - sometimes it took more than 10 minutes to get onto Broadway. Now I run errands at 1 pm, and it can still take that long. Traffic is crazy, never ending, and they all drive very fast. It is the only thing WRONG with living here. I hear sirens from the many accidents that occur on Broadway.. I would implore you to reject the request for safety reasons. In addition, another coffee shop is not needed - there is a Dunkin (which has lines of cars backed up on the street) and Leadbetters close by. Does the City of Bangor really need more tax income? It is getting taxes from the 90+ units at OH, new money from the weed industry and more than a million in stimulus from the federal government. Our "neighborhood" has more than enough businesses encroaching, please don't add any more. Orchard Hills is a lovely place to live. You wouldn't want this in your neighborhood either. Sincerely, Beverly Dority 67 Baldwin Drive 21-177 MAY 24, 2021 From:Robert Libbey To:Planning-WWW Cc:Heather Magan Subject:Comment on Proposed Zoning Change at 1012 Broadway, Map-Lot R40-001-A Date:Tuesday, May 18, 2021 11:54:21 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. To the Planning Board: My name is Robert Libbey and I am the owner of 26 Orchard Hills Parkway. I would like to voice my objection to the proposed zoning change from Low Density to Residential to General Commercial and Service District at this location. The area on Broadway that contains this lot is already congested and additional commercial use of this will make the road far worse than it is now, adversely affecting the residents of Orchard Hills Estates and the value of the residents' property. I would also like to object to the development of another retail establishment on a street that continues to be an unplanned, unregulated strip. The encroachment of commercial development on this section of Broadway is not the best usage of the available land. As growth continues in the area, the city should not be granting zoning changes lightly. One only has to look at Stillwater Avenue to see the results of too much unplanned commercial development. This section of Broadway should remain as residential. Thank you for your time and consideration. -- Robert Libbey 917-502-8380 21-177 MAY 24, 2021 From:Jessica Leighton To:Planning-WWW Subject:Zone change 1012 Broadway Date:Tuesday, May 18, 2021 1:44:30 PM ________________________________ 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 afternoon. My name is Jessica Leighton. I live at Orchard Hills Parkway. I moved to Bangor approximately 10 months ago. I enjoy the city. I enjoy the location I live in. I received a notification that the land at 10:12 Broadway is going to be potentially rezoned to commercial land. I feel this way negatively impact the residents in this area and lead to more car accidents. The traffic is very heavy here during most of the day and evening. I bring my children to school at Cohen and occasionally the high school. It is treacherous to get out of Orchard Hills. I feel that changing this lot to commercial will only further increase the traffic should a business be established. There are other places in Bangor that could be considered for business. Unless the city plans on adding street lights by the high school entrance on Broadway, I do not support a zoning change. Thank you, Jessica Leighton Sent from my iPhone 21-177 MAY 24, 2021 21-177 MAY 24, 2021 21-177 MAY 24, 2021 From:rachel.mcleod84 To:Planning-WWW Subject:Zoning change at 1012 Broadway, Bangor Date:Tuesday, May 18, 2021 4:20:00 PM 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. Dear Bangor Planning Board: I am writing in regards to the planned rezoning near my house at 984 Broadway in Bangor. I have heard there will be a meeting to discuss rezoning the nearby property at 1012 Broadway from low density residential to commercial. I am strongly opposed to this idea. I am very concerned about the impact on traffic in an area that is already very heavily traveled. There is already frequently a significant wait time to pull out from our driveway at the top of the hill, and traffic from the Dunkin Donuts is lined down the street 4 or 5 cars or more most mornings. Adding additional traffic on top of the problem already present is a danger to everyone. My uncle (Paul Knowlton) was killed a few years back in a traffic accident at one of the traffic lights on Broadway, so I know there has been at least one fatality. Furthermore, the fire station on Griffin Rd. uses Broadway for quick access to downtown Bangor regularly. Adding additional traffic risks slowing down emergency services for other citizens of Bangor. I feel spot rezoning the property at 1012 Broadway in Bangor is irresponsible and will likely hurt the property value of my and other nearby properties. There is lots of space on and around Broadway that is already zoned commercial that would be far better suited for this kind of endeavor, so there is no reason to rezone this one lot to accommodate one person. We should encourage business development and improvement in the city of Bangor in areas that are already designated commercial, and keep residential areas protected for the residents that already own property. As a property tax payer in the city of Bangor, I totally oppose this rezoning at 1012 Broadway to become commercial. It is unacceptable. Sincerely, Rachel McLeod and Lenny Lones 984 Broadway, Bangor ME 04401 Sent from my U.S.Cellular© Smartphone 21-177 MAY 24, 2021 21-177 MAY 24, 2021 Remarks presented to the City of Bangor Planning Board at their regularly scheduled meeting on May 18, 2021 by Sarah Cary Robinson, owner of 1004 Broadway. Thank you members of the Planning Board for your careful consideration of this request. You have my written comments that were submitted earlier. I will also be submitting these comments for the official record. I strongly urge the members of the planning board to vote against changing the zoning of 1012 Broadway from Low Density Residential (LDR) to General Commercial and Services. First, this is an example of “spot zoning.” According to the Free Dictionary, spot zoning is “the granting to a particular parcel of land a classification concerning its use that differs from the classification of other land in the immediate area.” While it is true that there are commercially zoned lots closer to Griffin Road, the property at 1012 Broadway is surrounded by Low Density Residential properties. In some states spot zoning is illegal. In others, it is seen as an arbitrary and unfair treatment, that favors a particular landowner. If the planning board allows 1012 to be reclassified as commercial, it would be doing exactly that—favoring a new landowner, who purchased this property speculating that he would be able to 21-177 MAY 24, 2021 change the zoning. What message does that send to the many long-term residents who purchased their homes based on the fact they were living in a residential area. Bangor’s Comprehensive Plan serves as a guide for decisions in making changes to zoning classifications. In fact, the opening lines of the Introduction on Page 3 states : “The Plan serves as a guide for the development of policies, goals and objectives, and provides a “blue print” for future growth and conservation.” Further on page 102, the plan states “The application of zoning provisions to private property must be based on the “Comprehensive Plan.” One of the weaknesses of the City’s prior Comprehensive Planning was the over-reliance on the “Proposed Land Use” Map as the basis of zoning decisions without clear linkage to the variety of underlying factors which compromise “land use policy.” Therefore, I ask that you consider the following from our own 2012 Comprehensive Plan and ask whether or not this proposed zoning change makes sense based on the plan. On Pgs 95-96 Under Physical Development Element: Outer Broadway, I quote: “This area of the City has recently received a large percentage of new housing in the City that includes single-family subdivisions, mobilehome parks, and innovative attached residential, condominium and modern garden apartment complexes. Within this area there is additional serviced land which can continue to 21-177 MAY 24, 2021 provide opportunities for new housing types that can meet market needs. This area should be promoted as an area of quality residential opportunities in the City.” How is zoning a single lot on Outer Broadway, that is in the middle of a LDR zone, consistent with the comprehensive plan stating that “this area should be promoted as an area of quality residential opportunities in the City?” Page 107: Physical Development Element, Broadway. “Broadway like several of the City’s corridors has a wide variety of diverse areas and uses, from central Bangor the rich historic stretch from State Street to Broadway Park, the transitioning stretch between Broadway Park and Interstate 95, the commercial corridor from the Interstate to Husson Avenue, an institutional and residential section between Husson Avenue and Griffin Road, and the developing stretch beyond Judson Boulevard to the extents of our urban service area.” Further, on pages 108 and 109, the plan goes on to state: “The commercial development along the Broadway frontage has, to date, not been a significant traffic problem. However, increasing traffic volumes on Broadway should cause the City to be cautious in adding continued linear commercial zoning and place a strong emphasis on access management. 21-177 MAY 24, 2021 Granting commercial zoning to a SINGLE lot in the middle of the “institutional and residential section between Husson Avenue and Griffin Road” does not meet the intent of the existing zoning in this area. Traffic has only become more congested along Broadway over the last 9 years. Granting this zoning change would be in direct opposition to what is recommended here in the 2012 plan with no new mitigating circumstances to warrant the change of a single lot to commercial zoning. Page 117. Part V. Development Goals, Objectives and Policies Goal #1. “The City of Bangor shall strive to provide the best possible living environment for its citizens through promotion and protection of the quality of life in the community and creation of economic opportunity for individuals.” Spot zoning and adding a single commercial lot in our residential neighborhood will significantly impact our quality of life. According to your plan, the #1 Goal is to promote and protect “the quality of life in the community.” I ask that you protect and promote your citizens in this LDR zone by denying this request. The recommended policies following this goal specifically talk about the need to restrict activities that increase high noise levels and to work to increase safety and reduce traffic congestion. A spot 21-177 MAY 24, 2021 commercial zone within this LDR area will do the exact opposite of your policies. Page 118. Goal #2. “The achievement of the most functional spatial arrangement of activities in the community. Objective: The City of Bangor shall adopt land use controls, to minimize conflicts between incompatible activities.” Recommended Policy #7: “The City shall protect established, predominantly single-family neighborhoods from introduction of conflicting uses and multi-family conversions.” Spot zoning of a commercial lot in a Low Density Residential area will completely fail to meet this second goal. If granted, this commercially zoned property will be within 50 feet of a single-family home and close by many others. How will this “minimize conflicts between incompatible activities?” How will this “protect established, predominately single-family neighborhoods from introduction of conflicting uses?” Page 119. Goal #3. “The achievement of an integrated balance between the natural and man made environment. Objective The City shall strive for the preservation of 21-177 MAY 24, 2021 critical environmental areas and sensitive treatment of development sites to create built-up areas that are harmonious with the surrounding natural landscape.” As mentioned in my previously submitted letter, we have a natural wildlife corridor that feeds the open space beyond Griffin Road and also to Prentiss Woods. Development of a commercial property is far more likely to conflict with the natural environment than any use under the current LDR zoning regulations. So keeping the current LDR zoning in place meets this goal as well as recommended policy # 3, that says “the City shall establish linkage between significant natural areas of the community…” Page 121/122: Goal #6: “Enhance the appeal and livability of the City through application of Community Design Standards. Objective To promote a scale sympathetic to human use in urban development by the provision of minimum design standards in the City's Land Development Ordinances.” Recommended Policy # 5: “Development standards for the City shall encourage compatible architectural styles and development…” Policy #7. “The City shall require higher standards of buffering between residential areas and commercial/industrial sites.” The homes in this LDR neighborhood range from those that are on the historic register to older single-family homes and attractive town house units. 21-177 MAY 24, 2021 How will spot zoning a single commercial property in the midst of these homes “enhance the appeal and livability of the city and meet policies #5 and 7 that encourages “compatible architectural style” and “higher standards of buffering between residential areas and commercial/industrial sites.” Again, one single family home is within 50 feet of this property and will in particular be impacted if this zoning change is allowed. I’ve quoted quite a bit of your own words back at you tonight and I hope you agree that allowing a spot zoning change of a single property in the middle of a Low Density Residential area would not meet the intent of Bangor’s own Comprehensive Plan. I want to quote one additional passage, directly from the Planning section of the City’s website—under Zoning: “The overall intent of zoning is to insure the compatibility of land uses throughout Bangor. Zoning also provides a measure of predictability to land owners or potential land owners by providing them with information regarding the types of uses permitted on their property as well as on surrounding properties. Potential property owners are advised to check both the City’s Zoning District Map and Comprehensive Plan to determine what types of development are currently allowed or may be allowed in the future.” 21-177 MAY 24, 2021 Five years ago, when I purchased my home, I consulted the zoning maps and comprehensive plan. I counted on that “measure of predictability” as I made my decision to purchase my home on Broadway. I was well aware of the commercial zones that make up the gas stations, and food establishments closer to Griffin Road. I fully recognized that Broadway was a busy arterial highway for Bangor. I liked the fact that I had institutionally zoned areas— the church, Husson and the high school around me. I did my homework and I knew what I was purchasing. Mr. Kelley, the new owner of 1012 Broadway, also knew what he was purchasing—a residential lot—and he paid for it accordingly, as a residential lot. He bought the land, making the conscious decision that he would gamble his investment and speculating that he could apply and receive a change in zoning for his residential land. Tonight, are you going to reward the speculator or are you going to honor your responsibilities to me and the other landowners in this residential zone who believed they could count on their city officials to honor the intent and letter of the Comprehensive Plan and the zoning policies? I urge you to do what is right. Do not approve a spot zoning and turn 1012 into a commercial lot in the midst of a residential neighborhood. Do not reward one man’s speculative investment at the expense of the well thought out investments of so many others. 21-177 MAY 24, 2021