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HomeMy WebLinkAbout2021-06-28 21-258 ORDINANCE21-258 6/28/2021 CITY COUNCIL ACTION Council Meeting Date: June 28, 2021 Item No: 21-258 Responsible Dept: Planning Action Requested: Zone Map Change Map/Lot: 59/12 Title, Ordinance Amending Chapter 165, Land Development Code, District Map by Changing the Parcel of Land at 466 State Street from Urban Residence 1 (URD1) to Neighborhood Service District (NSD) Summary This ordinance would amend the Land Development Code to change a .59 acres parcel of land located at 466 State Street from Urban Residence (URD1) to Neighborhood Service District (NSD). The property has a small carriage house in the back of the property and the new owner, James Brochu, would like to use it for a small professional office with employees, which is allowed in NSD. Previously, the carriage house had been used as a dental office. In 2012, the Comprehensive Plan did indicate this lot to be NSD. Staff Comments & Approvals Planning Board meeting July 9, 2021 City Manager City Solicitor Finance Director Introduced for: First Reading and Referral to Planning Board of July 9, 2021 21-258 6/28/2021 CITY COUNCIL ORDINANCE Date: June 28, 2021 Assigned to Councilor: Dubay ORDINANCE, Amending Chapter 165, Land Development Code, District Map by Changing the Parcel of Land at 466 State Street from Urban Residence 1 to Neighborhood Service District (NSD). WHEREAS, the property at 466 State used to house a dentist practice and contains an outbuilding in the rear of the lot for this use; and WHEREAS, the new owner would like to continue this use by assigning proper and appropriate zoning to the property; and WHEREAS, the lot was planned to be Neighborhood Service District; and WHEREAS, NSD was created to allow for small business to occur in residential areas or areas in transition from commercial to residential; 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 at 466 State Street from Urban Residence 1 to Neighborhood Service District (NSD). Said parcel contains approximately .56 acres in size and being more particularly indicated on the map attached hereto and made a part hereof. Memorandum To: Honorable Bangor City Council Cathy Conlow, City Manager From: Anne M Krieg AICP, Planning Officer Date: May 19, 2021 CC: Tanya Emery, Director of Community and Economic Development Joshua Saucier, Assistant City Solicitor Jeff Wallace, Code Enforcement Officer Re: Planning Board Recommendation July 6, 2021 Map Amendment 466 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 July 6, 2021. The meeting was conducted in person with the Board members and staff present. The advertisement and posting were noted the meeting would be on Zoom; thus Zoom was available to interested parties. The applicant attended the meeting on Zoom. James Brochu reviewed the application. He wants to use the carriage house as an office. He made the argument that an office is less intensive than a dentist offices as to parking needs and traffic generation. Board members talked about parking needs at the site. The staff report included the following information: A. The applicant is a recent purchaser of one the properties across the street from the hospital. He is requesting a zoning change from URD-1 to NSD. The reason for the request is to utilize the carriage house behind the main house for a fully occupied business office. B. The use of the office is more intense than what’s controlled in the current home occupation code. The carriage house used to contain a dental office, which is a medical office, thus technically a different use. This causes a need to change the zoning. C. These properties along State Street have seen a resurgence of restoration and reuse. This proposal in particular is a positive example of living and working in this block of State Street. As in the previous application for Larkin Street, though this property is not on the historic list (yet,) it is an example of life in Bangor along the waterfront from a different era. 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL 466 State Street The ability to use the property for a live/work environment makes the property more economically favorable to a property owner. This zoning change supports that use of the property. D. The Comprehensive Plan has the property as it is zoned today, as single family. The Neighborhood Service District has been used extensively along State Street as a way to use the existing older homes for both residential and commercial uses. This request is in keeping with that usage of the district. The NSD was created, in part, to provide for this type of development. The Board agreed with the staff assessment regarding the use of the carriage house and the city’s desire to keep these historic buildings viable, and passed a motion, dutifully made by Member Shaw and seconded by Member Brush, to recommend to the City Council that the said zoning district change ought to pass. All members voted yes. amk Page 2 | 2 IN CITY COUNCIL JUNE 28,2021 COrd 21-258 Motion made and seconded for First Reading and Referral to Planning Board of July 6,2021 Vote: 9—0 Councilors Voting Yes: Davitt, Dubay, Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague,Tremble Councilors Voting No: None Passed CITY CLE IN CITY COUNCIL JULY 12,2021 Cord 21-258 Motion made and seconded for Passage Vote: 7—0 Councilors Voting Yes: Davitt,Fournier,Hawes,Nichols, Okafor, Schaefer,Tremble Councilors Voting No: None Passed CITY CLE