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
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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