HomeMy WebLinkAbout2022-08-08 22-276 ORDINANCE22-276 08/08/2022
CITY COUNCIL ACTION
Council Meeting Date: August 8, 2022
Item No: 22-276
Responsible Dept: Planning/Legal
Action Requested: Land Development Code Change Map/Lot: R11/12&13
Title, Ordinance
Amending Chapter 165, Land Development Code, District Map to rezone properties located on Outer Broadway
& North Bangor Road from Rural Residence & Agriculture (RR&A) to Shopping & Personal Service (S&PS)
District - Contract.
Summary
The owner of the properties, Duane Williams is seeking a Shopping & Personal Service District (S&PS) contract
zone. This contract seeks to allay the concerns expressed in response to a previously denied application for a
zone change.
The property is currently zoned Rural Residence & Agriculture (RR&A) and is located in an area where there
are large lots, mixed in with industrial use, and single family residential dwelling units on a two-lane road. The
previous Comprehensive Plan saw this area as an open area transitioning from the adjoining towns into
Bangor.
The conditions will reduce the impervious surface cover from 70% in S&PS to 50%. The lots will also be
combined. The other condition is that the current curb cut on Broadway will be a right turn exit only as part of
any development.
Committee Action
Committee:
Action:
Planning Board
Staff Comments & Approvals
C�J
City Manager
Introduced for: First Reading and Referral
Meeting Date: August 16, 2022
For:
Jr City Solicitor
Against:
Finance Director
22-276 08/08/2022
CITY COUNCIL ORDINANCE
Date: August 8, 2022
Assigned to Councilor: Tremble
ORDINANCE, Amending Chapter 165, Land Development Code, District Map to rezone properties located on
Outer Broadway & North Bangor Road from Rural Residence & Agriculture (RR&A) to Shopping & Personal
Service (S&PS) District - Contract.
WHEREAS, at present, the property owner would like to use the property commercially;
WHEREAS, at present, the lot is located on a busy road near an industrial facility;
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 Zoning District Map is hereby amended as follows:
The contract zone conditions for the properties located on Outer Broadway & North Bangor Road from Rural
Residence & Agriculture (RR&A) to Shopping & Personal Service (S&PS) District — Contract:
1. Total estimated% of lot allowed for impervious surface will be limited to 50%. Allowed total is
70% under the zoning of Shopping and Personal Service. Current lots will be combined into one.
2 Current curb cut on Broadway will be for Right turn EXIT only and marked as such
Memorandum
To: Honorable Bangor City Council
Deb Laurie, City Manager
From: Anne M Krieg AICP, Planning Officer
Date: August 17, 2022
CC: Courtney O’Donnell, Assistant City Manager
Tanya Emery, Director of Community and Economic Development
David Szewczyk, City Solicitor
Re: Planning Board Recommendation August 16, 2022
Zone Change – Outer Broadway – Map R11 Lots 12 & 13 – From Rural Residence &
Agriculture (RR&A) to Shopping & Personal Service District (S&PS) Contract –
Applicant/Owner: Duane Williams, Glenn McLellan
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 August 16, 2022.
The meeting was conducted in the Council Chambers at City Hall. Members in attendance in the
Chambers were the Chair, Ken Huhn, and Members Don Meagher, Reese Perkins, Lisa Shaw, John
Kenney (voting), and Ted Brush.
The applicant, Duane Williams, presented the application.
There were no questions from the public.
Contract conditions are as follows: 1. Total estimated percentage of lot allowed for the impervious
surface will be limited to 50%. The allowed total is 70% under the zoning of the Shopping & Personal
Service District. Current lots will be combined into one. 2. Current curb cut on Broadway will be for
right exit turn only, and marked as such.
From the staff report:
A. The applicant is returning to the amendment process with a contract zone. The contract
zone method was chosen to provide more restrictions on the development of the property
in response to abutter concerns from their previous application for a zoning change.
B. The restrictions in the contract zone can only be about the development of the site and
not uses, as per the requirements of the contract zone provisions (in your packet.)
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
Outer Broadway
C. The previous Comprehensive Plan has this area as part of the Rural Residence &
Agriculture zone. Staff is working on the Comprehensive Plan draft now and there is not
clear agreement in public comment as to how this area of the city should be developed in
the future.
D. This lot, however, is unusual as it sits between a clear rural area and a heavy industrial
use. It also can take advantage of the rear access road which can reduce traffic impacts
to Broadway.
Member Perkins made a motion to recommend to the City Council that the application for a district
change ought to pass. Member Kenney seconded the motion. The motion passed 6:0.
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IN CITY COUNCIL
AUGUST 8, 2022
COrd 22-276
First Reading and Referral to Planning Board Meeting on August 16, 2022
CITY CLERK
IN CITY COUNCIL
AUGUST 22, 2022
COrd 22-276
Motion made and seconded for Passage
Vote: 7 – 0
Councilors Voting Yes: Hawes, Leonard, Okafor, Schafer, Sprague, Tremble, Fournier
Councilors Voting No: None
Passed
CITY CLERK