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Home My WebLink About2022-06-13 22-213 ORDINANCE22-213 06/13/2022 CITY COUNCIL ACTION Council Meeting Date: June 13, 2022 Item No: 22-213 Responsible Dept: Planning/Legal Action Requested: Land Development Code District Map Map/Lot: R11/005-A Change Title, Ordinance Amending Chapter 165, Land Development Code District Map, by Changing the Parcel of Land Addressed at 2354 Broadway from the Rural Residence & Agriculture District (RR&A) to the Shopping & Personal Service District (S&PS). Summary The owner, Pray Properties, is seeking a zoning change for the former gas station and retail store located at 2354 Broadway from the Rural Residence & Agriculture District to the Shopping & Personal Service District. The gas station and store use pre -dated zoning requirements for the RR&A district but had non -conforming protections. The RR&A district does not allow for this type of commercial use. When the business stopped operating, it would have been subject to non -conforming protections for twelve consecutive months. When the business stopped operating after those twelve months, under the provisions of 165-17.A, then the property lost those protections and the property must comply with RR&A. The property owner has a business prepared to occupy the building under the allowances of the S&PS district. Committee Action Committee: Planning Board Action Staff Comments & Approvals Meeting Date: June 21, 2022 For: Against: City Manager City Solicitor Finance Director Introduced for: First Reading and Referral 22-213 06/13/2022 CITY COUNCIL ORDINANCE Date: June 13, 2022 Assigned to Councilor: Tremble ORDINANCE, Amending Chapter 165, Land Development Code District Map, by changing the Parcel of Land addressed at 2354 Broadway from the Rural Residence & Agriculture District (RR&A) to the Shopping & Personal Service District (S&PS). WHEREAS, at present, the subject property has an abandoned use; WHEREAS, previously, there was a business that operated there for many years and pre -dated the zoning restrictions of the Rural Residence & Agriculture Zoning District; WHEREAS, at present, the property owner wishes to restore a commercial use at this location; 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 Parcel of Land addressed at 2354 Broadway shall be changed from the Rural Residence & Agriculture District (RR&A) to the Shopping & Personal Service District (S&PS). COMMUNITY &ECONOMIC DEVELOPMENT CITY OF BANGOR PLANNING DIVISION Memorandum To: Honorable Bangor City Council Deb Laurie, City Manager From: Anne M Krieg AICP, Planning Officer Date: June 21, 2022 CC: Courtney O'Donnell, Assistant City Manager Tanya Emery, Director of Community and Economic Development David Szewczyk, City Solicitor Re: Planning Board Recommendation June 21, 2022 Zone Change — 2354 Broadway — Map -Lot Rll-005-A — Rural Residence & Agricultural (RR&A) to Shopping & Personal Service (S&PS) District 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 June 21, 2022. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were the Vice -Chair Reece Perkins, and Members Don Meagher and Ted Brush. Attending virtually were Members Lisa Shaw, Mike Bazinet, and Alison Coladarci. Vice -Chair Perkins chaired the meeting in Chairman Huhn's absence. The applicant reviewed their plans to restore the commercial uses and add a cafe. There were no questions from the public. From the staff report: A. The applicants are proposing to change the parcel of land addressed as 2354 Broadway from the RR&A zone to S&PS. B. There is an existing structure on this property that was historically a gas station and convenience store. This was a non -conforming use in the RR&A zone, meaning that the use was there prior to the parcel being zoned as RR&A. After the zone change to RR&A, the structure was allowed to exist as it was, but, as a non -conforming use, was unable to be expanded. Additionally, if the structure became vacant for one year or more, it would lose its non -conforming status and no longer be able to continue operating as a gas station and convenience store. This is now the case as this structure has been vacant for approximately 2-3 years. C. The applicants would like to change the zone for this property to S&PS so that the structure can legally be used again as a convenience store and gas station. D. The Comprehensive Plan has this area shown as rural. In the former plan, this area was meant to be limited in development. This property's original development is akin to the "countryside gas station." 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANG ORMAINE.GOV CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL 6.21.22 2354 Broadway Member Brush asked for clarification on the non -conforming status. Member Bazinet inquired about the gas station. The applicant will need to work on this detail with Maine DOT. Member Shaw clarified the gas station use is a conditional use that would have to come back to the Planning Board for review. The Chair indicated he reviewed the Comprehensive Plan and found that the city had a desire to keep the rural areas rural but allow for the commercial uses that already existed at the time, but not to expand them Member Meagher made a motion to recommend to the City Council that the application for a district change ought to pass. Member Bazinet seconded the motion. The motion passed 5:0. � 1117 Page 212 IN CITY COUNCIL JUNE 13, 2022 COrd 22-313 First Reading and Referral to Planning Board Meeting of June 21, 2022 CITY CLERK IN CITY COUNCIL JUNE 27, 2022 COrd 22-213 Motion made and seconded for Passage Vote: 8 – 0 Councilors Voting Yes: Davitt, Leonard, Okafor, Schaefer, Sprague, Yacoubagha, Fournier Councilors Voting No: None Passed CITY CLERK