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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. amk Page 2 | 2 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