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Home My WebLink About2023-06-26 23-205 Ordinance23-205 06/26/2023 CITY COUNCIL ACTION Council Meeting Date: June 26, 2023 Item No: 23-205 Responsible Dept: Planning Action Requested: Ordinance Title, Ordinance Map/Lot: 054-223, 054- 224-C Amending Chapter 165, Land Development Code, District Map to Re -zone Property Located at 364 State Street from Neighborhood Service District (NSD) to Urban Service District (USD), and a Portion of the Property Located at 410 State Street from Contract Government and Institutional Service District (G&ISD) to Urban Service District (USD). Summary The applicant is seeking a zone change for the property at 364 State Street, Map -Lot 054-223, from the Neighborhood Service District (NSD) to Urban Service District (USD) and for a portion of the property at 410 State Street, Map -Lot 054-224-C, from Contract Government and Institutional Service District (G&ISD) to Urban Service District (USD). The total area requested to be changed is 0.5 acres and is shown in the attached exhibit and described in the attached description. The change to the USD district would allow for a greater variety of commercial uses on this lot, such as drive- in businesses, animal clinics, and restaurants. The change would also remove the contract conditions from the portion of property at 410 State Street, which currently limit the property to be used only for employee parking and prevents a curb cut onto Otis Street. The neighborhood has a mix of G&ISD, NSD, M&SD, URD-1, and URD-2 lots. The 2012 Comprehensive Plan showed this area as commercial and institutional and the 2022 Comprehensive Plan shows this as having limited commercial and institutional uses that are complementary to the surrounding area. Committee Action Committee: Planning Board Action: Staff Comments & Approvals City Manager Meeting Date: July 11, 2023 For: 4,j r�'4 City Solicitor Introduced for: First Reading and Referral Against: Fin nce Director 23-205 06/26/2023 CITY COUNCIL ORDINANCE Date: June 26, 2023 Assigned to Councilor: Schaefer ORDINANCE, Amending Chapter 165, Land Development Code, District Map to Re -zone Property Located at 364 State Street from Neighborhood Service District (NSD) to Urban Service District (USD), and a Portion of the Property Located at 410 State Street from Contract Government and Institutional Service District (G&ISD) to Urban Service District (USD). WHEREAS, at present, the zoning of the property restricts the site to certain contract conditions and more limited commercial uses and government and institutional uses and this zone change would allow for a greater variety of commercial uses; WHEREAS, the 2012 Comprehensive Plan showed this area as commercial and institutional and the 2022 Comprehensive Plan shows this as having limited commercial and institutional uses that are complementary to the surrounding area; 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 addressed at 364 State Street, Map -Lot 054-223, from the Neighborhood Service District (NSD) to Urban Service District (USD) and for a portion of the property at 410 State Street, Map -Lot 054-224-C, from Contract Government and Institutional Service District (G&ISD) to Urban Service District (USD). The total area requested to be changed is 0.5 acres and is shown in the attached exhibit titled "Proposed Zoning Change Sketch — Northern Light Health — 364 State Street, Bangor, Maine", and is described in the attached description titled "Exhibit A — Proposed Zone Change Parcel". 23-205 JUNE 26,2023 Exhibit A Proposed Zone Change Parcel A certain lot or parcel of land and any improvements thereon located on the north side of State Street and on the east side of Otis Street, City of Bangor, County of Penobscot, State of Maine, bounded and described as follows: BEGINNING at the intersection of the north line of State Street with the East Line of Otis Street; THENCE N10°43'33"W along said East line of Otis Street two hundred seven and eighty-four hundredths (207.84) feet; THENCE N79°35'09"E a distance of thirty-three and thirty-one hundredths (33.31) feet; THENCE S70°37'S3"E a distance of fifteen and ninety-two hundredths (15.92) feet; THENCE N79°10'48"E a distance of forty-three and seventy-five hundredths (43.75) feet to the point of curvature of a tangent curve to the right, said curve having a radius of twenty-eight and zero hundredths (28.00) feet; THENCE easterly, southeasterly and southerly along said curve an arc distance of forty-three and ninety-eight(43.98) feet to a point of tangency; THENCE S 10°49'12"E a distance of one hundred thirty-seven and thirty-four hundredths (13734) feet to said north line of State Street; THENCE S63°08'33"W along said north line of State Street one hundred twenty- four and zero hundredths (124.00) feet to THE POINT OF BEGINNING. Containing one-half acre, more or less. MEANING AND INTENDING to describe all of the land described in a Certificate and Abstract of the Estate of David Bruce Lawler recorded in the Penobscot County Registry of Deeds in Book 14846, Page 335, with reference made to a deed to David Lawler recorded in Bok 4918, Page 126, a portion of the land described in a deed from Wing Park Partnership to Eastern Maine Medical Center dated September 21, 1983 and recorded in Book 3447, Page 258, and a portion of the land described in a deed from Jay A. Smith to Eastern Maine Medical Center dated April 14, 1989 and recorded in Book 4420, Page 362. This description was prepared by Plisga& Day Land Surveyors and is based on Survey work performed for Northern Light Health, dated June 15, 2023, Proj ect No. 23175. Bearings reference NAD83(2011) Maine East Zone. 23-205 JUNE 26,2023 � � � � � � N/F Eastern Maine Medical Center I N/F Grid North Book 4662, Page 44 Eastern Maine Medical Center NAD83(2011) Tax Map 054 Lot 221 J Book 3447, Page 258 (1st Parcel) � � � Book 4420, Page 362 � 208 Tax Map 054 N79°35'09"E N79a 10'48"E R=28.00' Lot 224-C L=43.98' � � 33 31' 1S g2, 43.75 � S��o W � 3j S3�F � � o � � � N � o � � � 2p7 0 -+ Proposed � N � Zone Change m � m 0.5 Acres � v� � z '��- N � � o � � � w � — w � 206 N N/F � Pratt & Lawler � � � Book 14846, Page 335 � � � (ref. Book 4918, Page 126) Tax Map 054 Lot 223 205 / �2°�°� / a 33� � / 563° / / � / � I 204 � �-� / ICJ��ge$9 / 1�P /� P�� o� �'� a �°aa \\\\��uOFuiiii ��/// r9°c / ��E ....A?q�� 6 ��,�P,:.......... ,�, � Map 059 � y'STEVENSON'� � z � Lot 025 ' ` W� = N -� _� : SHEPPARD •' �_ � �i I % �`• 2086 i c Lot numbers refer to Tax �— � � ///��FSURv��\\ � 225 ��,.,��nminmalw_�� Map 054 unless noted. � � � \ � � No monuments set. � \ �� '��` � �'�� PLISGA & DAY o� 50� Proposed Zoning Change Sketch Land Surveyors Northern Li ht Health 72 Main Street Scale: 1"=50' g Bangor, ME 04401 Proj#23175 364 State Street, Bangor, Maine (207)947-0019 Date: 06/15/2023 www.wemapit.com R � � « • �� f�F;l�� 1�S „ � ' � �lf- tn �� ,,�g,��. p��''s @�d%w �o� � ' o . � , � - '" 23 20S ��I��'�I�� ' � JUNE 26,2023 ;,, � Zoning Map - �� iiii�iiii�� , � ; A�� 364 & 410 State St �� IIII�IIII� � ` ' � ' �� .� ., � �+��r %' " Ii r �r ,�� y�^fi' �'� m"�� ° � U` '��s , � ./ ��i� �G; �I�� `�� "��, �' � �` �""�'-� <3 m �. 1V1;,, �, „�,i,a;,,r��ii��i!�',�i% �$;' v� �';��°",�> � '�"�y ��„� � ;�y � ;qf;�� IIII� � � ��,�i ` � y �� /��,� % - k� ,r � w�� "�; �'°�'°f �`�r'�' i �? �/'i%.: ��i��/',;%// � �yD ��TM :��"� �'y � ��"� w ��f wW� �� i% ��1//0� � n i�, ;; � „ � �n, , ��;��, p i�i r�;: ��i� 7� �-r. � �, y�;t1f ',. v r� `' � / � � (, , r,, ��„ 1�, ` �/(��% , � //i �,,,, °'� �'om "'° (;�, N''-' ,„ �`, Ih�' �iv' �� i��i r � ^ � , /I /� �� I�� , P, �°`��, � ��u `'s ar „ � �(,;%�` II� r.,� i,iirr i��iii%, iuiiir,,,l�� :a� ., all,r4,�k„ � � ;,. 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PLANV�IC�ICr QIWI51ClN Memorandum To: Honorable Bangor City Council Deb Laurie, City Manager From: Anja Collette, Planning Analyst Date: July 12, 2023 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation July 11, 2023 Zone Change—Map-Lot 054-223— Neighborhood Service District (NSD)to Urban Service District (USD) and portion of Map-Lot 054-224-C —Contract Government and Institutional Service District (G&ISD) to Urban Service District (USD) 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 11, 2023. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were the Chair Reese Perkins, Vice Chair Ted Brush, and Members Don Meagher, Trish Hayes, Mike Bazinet, Ken Huhn, and Alternate Member Joshua Saucier. Board members voted to recuse Member Trish Hayes from deliberation since she felt she had a conflict of interest due to having a personal relationship with the project manager for the application. Jason Vafiades from Atlantic Resource Consultants presented the application. He reviewed the applicants' plans to add a drive-thru pharmacy at this location, which is why a change to the Urban Service District (USD) is needed. From the staff inemo: A. The applicant is seeking a zone change for the property at 364 State Street, Map-Lot 054- 223, from the Neighborhood Service District (NSD) to Urban Service District (USD) and for a portion of the property at 410 State Street, Map-Lot 054-224-C, from Contract Government and Institutional Service District (G&ISD) to Urban Service District (USD). B. The change to the USD district would allow for a greater variety of commercial uses on this lot, such as drive-in businesses, animal clinics, and sit-down restaurants. The change would also remove the contract conditions from the portion of property at 410 State Street, which currently limit the property to be used only for employee parking, stipulates certain buffer requirements, and provides limitations on creating a curb cut onto Otis Street. 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 7.11.23 364&410 Street—Map-Lots 054-223, 054-224-C C. The neighborhood has a mix of G&ISD, NSD, M&SD, URD-1, and URD-2 lots. The 2012 Comprehensive Plan showed this area as commercial and institutional and the 2022 Comprehensive Plan shows this as having limited commercial and institutional uses that are complementary to the surrounding area. Chair Perkins asked about the current use. The applicant stated there was currently an abandoned building on the site. Member Huhn asked if the applicants would be closing the current pharmacy at 210 State Street (formerly known as Miller Drug). Matt Marston, Chief Pharmacy Officer for Northern Light Health, approached the podium and confirmed this, stating that it would not be feasible to renovate the current facility. Chair Perkins and Marston discussed the changes that have been made over time to the current facility. Huhn stated to the applicant that Board members have to consider all the uses that could be in the new zone. Member Saucier asked if the main purpose of their zone change request was to allow for the drive-thru use. Development Director Krieg confirmed this. Member Huhn asked if the additional reason was that they couldn't do upgrades to the current location; Krieg confirmed this as well. Perkins stated he didn't feel there were many differences between the current zoning and the proposed zone. There were no comments from the public. Member Huhn made a motion to recommend to the City Council that the proposed zone change ought to pass. Member Meagher seconded the motion. The motion passed 6:0 with all members voting to approve. Anja Collette Page 2 � 2 IN CITY COUNCIL JUNE 26, 2023 COrd 23-205 First Reading and Referral to Planning Board Meeting of July 11, 2023 ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL JULY 24, 2023 COrd 23-205 Motion made and seconded for Passage Vote: 7—0 Councilors Voting Yes: Davitt, Hawes, Pelletier, Schaefer, Sprague, Yacoubagha, Fournier Councilors Voting No: None Passed ��.�` � M,�� w�� s� CITY CLERK