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Home My WebLink About2023-05-22 23-155 Ordinance 23-155 05/22/2023 �� ,�� CITY COUNCIL ACTION ��' °�� Council Meeting Date: May 22, 2023 ��` r�,,� �� Item No: 23-155 ��:� ��.��,��„� . :��r�,,: � �� .�� Responsible Dept. Planning �°��"� Action Requested: Land Development Code Change Map/Lot: R68-008 �`�::. �- Title, Ordinance Amending Chapter 165, Land Development Code, District Map to Re-zone Property Located at Map-Lot R68- 008 from Rural Residence and Agricultural District (RR&A) to General Commercial and Service District (GC&S) Summary This Order would amend Chapter 165 of the Land Development Code to re-zone property located at Map-Lot R68-008. The applicant is seeking a zone change to the General Commercial and Service District (GC&S). The change to the GC&S district would allow for a variety of commercial uses on this lot and would match the zoning on adjacent properties to the south. The existing zoning on the property restricts use of the site to low density residential, home occupations, small daycares, and places of worship. The neighborhood is primarily made up of RR&A to the north and GC&S to the south towards the Bangor mall area. The lot is walking distance to goods and services. Committee Action Committee: Planning Board Meeting Date: June 6, 2023 Action: For: Against: Staff Comments &Approvals ��-� `�� - � ��'�--�.� ,��-�-- City Manager City Solicitor Finance Director Introduced for: First Reading and Referral 23-155 05/22/2023 �� ,�� CITY COUNCIL ORDINANCE �� °��'�� '° Date: May 22, 2023 d�� r �� '"� ��.� Assigned to Councilor: Tremble � � ��"ai��,�'''� ORDINANCE, Amending Chapter 165, Land Development Code, District Map to re-zone property located at Map-Lot R68-008 from Rural Residence and Agricultural District (RR&A) to General Commercial and Service District (GC&S). WHEREAS, at present, the zoning of the property restricts the site to mainly low density residential uses and this zone change would allow for more commercial and high density uses; WHEREAS, properties directly to the south of the site are also zoned GC&S; WHEREAS, the properry at Map-Lot R68-008 is walking distance to goods and services; 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 to reclassify the property located at Map-Lot R68-008 from Rural Residence and Agricultural District (RR&A) to General Commercial and Service District (GC&S). 23-155 � w MAY 22,2023 � <<�� ' ��U� IT'� �- E��C�I��.�h I � . .. � f �3�V�E L,�[l'� � I"�T � _� ��T� �� 8..�.N�+�R �r�,aNuvlr�� arvrsrc�� Memorandum To: Honorable Bangor City Council Deb Laurie, City Manager From: Anne M Krieg AICP, Director of Community & Economic Development Date: December 7, 2021 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Re: Planning Board Recommendation December 7, 2021 Zone Change — Map-Lot R68-008 — Rural Residence and Agricultural District (RR&A) to General Commercial and Service District (GC&S) 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 6, 2023. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance were the Chair, Reese Perkins, and Members Ken Huhn, Trish Hayes, Don Meagher, Jonathon Boucher, Mike Bazinet and Ted Brush. The applicant, Emily Mitchell, representing the interests of AR Building Company. There were some technical issues with her presentation, possibly due to a weak internet connection from her location. AR Building Company is a real estate development company with 50 years' experience, established in Pittsburgh. They develop multifamily development projects in the eastern states and indicated they do not develop other types of commercial projects. They remain owners and managers of their properties. Member Brush asked about the provision of low income housing. The applicant indicated they provide moderate income units in municipalities that require inclusionary zoning; otherwise they develop market rate housing. Jim Upham of Bangor, is part owner of the direct abutting property. He indicated the area is single family residential by use. The concern he expressed are the uses that are allowed in General Commercial and Services District. These uses, if developed on the property, may be incompatible with the uses currently in the residential area in the outer Stillwater area. He was not opposed to the multifamily type project. Two other property owners across the street also expressed the same concerns. In deliberations, the Board reviewed other zoning options as Multifamily and Services District and contract zones. Contract zones do not allow reduction of allowed uses, only physical characteristics can be modified, as setbacks, buffers and height as examples. 73 HARLOW STREET,BANGOR,ME 04401 TELEPHONE: (207)992-4280 FAX: (207)945-4447 WWW.BANGORMAINE.GOV 23-155 MAY 22,2023 CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMIv�NDATION TO CITY COUNCIL Outer Stillwater Director Krieg indicated that the lot is within the growth district boundary from the 2012 Comprehensive Plan and it is on the edge of the proposed Growth District Boundary on the current final draft of the new Comprehensive Plan. Councilors may recall the boundary follows the edges of water and sewer, with some exceptions as this area. This lot and the adjacent lot the applicant is interested in developing will need an extension of utilities that they are prepared to extend. Board members had general agreement that this lot should be zoned to Multifamily & Service District to allow for the proposed development. The list of other uses allowed in the district made the Board uneasy on what types of future development could occur at the site. The Board also was troubled by the edging of the Growth Boundary and its effect on the proposed zoning change. After these deliberations, a motion to recommend the zoning did not move forward as no members seconded the motion. Member Brush moved, with a second from Member Bazinet, to recommend the zoning change ought not to pass. All were in favor of the motion. Councilors are advised that a 2/3 vote is required of the Councilor to ratify this zoning change. amk Page 2 � 2 IN CITY COUNCIL MAY 22, 2023 COrd 23-155 First Reading and Referral to Planning Board Meeting of June 6, 2023 ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL JUNE 12, 2023 COrd 23-155 Motion made and seconded for Passage Vote: 0 —9 Councilors Voting Yes: None Councilors Voting No: Davitt, Hawes, Leonard, Pelletier, Schaefer, Sprague, Tremble, Yacoubagha, Fournier Failed ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK