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Home My WebLink About2023-08-28 23-261 ORDINANCE23-261 08/28/2023 CITY COUNCIL ACTION Council Meeting Date: August 28, 2023 Item No: 23-261 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: 042-087 Title, Ordinance Amending Chapter 165, Land Development Code, District Map to Re -zone Property Located at 128 & 130 Hammond Street from Contract Downtown Development District (Contract DDD) to Downtown Development District (DDD). Summary The applicant is seeking a zone change for the property at Map -Lot 042-087, located at 128 & 130 Hammond Street, to remove the contract conditions from the property zoning and to be zoned as only Downtown Development District (DDD). The total area requested to be changed is approximately 0.15 acres and is shown in the attached exhibit. The current contract conditions state that no alcoholic beverages shall be sold on the property and non- residential uses shall be limited to 6,200 square feet. This zone change would remove these restrictions. The Downtown Development District generally allows for a wide range of commercial uses, including restaurants, bars, retail stores, offices, and others. The neighborhood primarily consists of DDD, M&SD, and G&ISD lots. This area is within the growth boundary shown in the 2022 Comprehensive Plan and the future land use map in the Plan shows this as the Downtown area and consisting of "a high -density mixed -use development area that is inclusive of central business district functions, commercial uses, municipal and institutional uses, and high -density residential development". Committee Action Committee: Planning Board Action Staff Comments & Approvals City Manager Introduced for: First Reading and Referral Meeting Date: September 5, 2023 For: ,dwv5j�' — City Solicitor Against: Firfance Director 23-261 08/28/2023 CITY COUNCIL ORDINANCE Date: August 28, 2023 Assigned to Councilor: Schaefer ORDINANCE, Amending Chapter 165, Land Development Code, District Map to Re -zone Property Located at 128 & 130 Hammond Street from Contract Downtown Development District (Contract DDD) to Downtown Development District (DDD). WHEREAS, at present, the current contract conditions state that no alcoholic beverages shall be sold on the property and non-residential uses shall be limited to 6,200 square feet; WHEREAS, the Downtown Development District generally allows for a wide range of commercial uses, including restaurants, bars, retail stores, offices, and others; WHEREAS, the 2022 Comprehensive Plan shows this area as consisting of "a high -density mixed -use development area that is inclusive of central business district functions, commercial uses, municipal and institutional uses, and high -density residential development"; 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 at Map -Lot 042-087, located at 128 & 130 Hammond Street, to remove the contract conditions from the property zoning and to be zoned as only Downtown Development District (DDD). The total area requested to be changed is approximately 0.15 acres and is shown in the attached exhibit. ffi W M e �'1 f� ` I �� .�.�� "" �� ./ � �1. F 1.�.� //; .q w '' I�EV'�� L��1"�T � M� .� CIT� �F BAI�T+G+C�R. PLANV�IC�ICr QIWI51ClN Memorandum To: Honorable Bangor City Council Deb Laurie, City Manager From: Anja Collette, Planning Analyst Date: September 6, 2023 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation September 5, 2023 Amending Chapter 165, Land Development Code, District Map to Re-zone Property Located at 128 & 130 Hammond Street from Contract Downtown Development District (Contract DDD) to Downtown Development District (DDD) 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 September 5, 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 Trish Hayes, Don Meagher, Mike Bazinet, Ken Huhn, and Jonathan Boucher. Also in attendance was Alternate Member Joshua Saucier. Attorney Tim Pease, representing the applicant, presented the proposed change to the Board. The property is currently where the restaurant, Novio's, operates. The current owner discovered the contract zone from 1994, which states that no alcohol sales and no commercial uses over 6,200 square feet are permitted on the property. These conditions are inconsistent with the owner's current business there and the owner is therefore requesting a repeal of the contract zone. From the staff inemo: A. The applicant is seeking a zone change for the property at Map-Lot 042-087, located at 128 & 130 Hammond Street, to remove the contract conditions from the property zoning and to be zoned as only Downtown Development District (DDD). The current contract conditions, which were created in 1994, state that no alcoholic beverages shall be sold on the property and non-residential uses shall be limited to 6,200 square feet. This zone change would remove these restrictions. B. The Downtown Development District generally allows for a wide range of commercial uses, including restaurants, bars, retail stores, offices, and others. The neighborhood primarily consists of DDD, M&SD, and G&ISD lots. 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 9.5.23 128-130 Haimnond Street-Map-Lot 042-087 C. This area is within the growth boundary shown in the 2022 Comprehensive Plan and the future land use map in the Plan shows this as the Downtown area and consisting of "a high-density mixed-use development area that is inclusive of central business district functions, commercial uses, municipal and institutional uses, and high-density residential development". Member Huhn asked for clarification on the location of the building, which Tim Pease provided. Tracy Bigny, representing Hammond Street Congregational Church, presented to the podium and described her concerns with how much of the building could be used as commercial if the change were to pass. She explained that there is currently a shared dumpster and shared parking on the Church's property that are used by the current business and she expressed concerns with overflowing trash or more intense use of the parking if the business were to expand or change in nature. She also expressed her concerns with not having the ability to provide input later on if changes to the business were to occur that only required interior changes since it would not require Planning Board or Historic Preservation Commission approval. Chair Perkins discussed the purview of the Planning Board and mentioned that enforcement of things such as trash and parking belonged to departments such as Code Enforcement. Development Director Krieg stated that if there were to be a change from residential to commercial, it would require a change of use permit from Code Enforcement, who would look at things like health hazards and code violations before issuing the permit. Vice Chair Brush motioned to recommend that the zone change ought to pass. Member Bazinet seconded the motion. The motion passed 7:0 with all members voting to approve. Anja Collette Page 2 � 2 IN CITY COUNCIL AUGUST 28, 2023 COrd 23-261 First Reading and Referral to Planning Board Meeting of September 5, 2023 ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL SEPTEMBER 11, 2023 COrd 23-261 Motion made and seconded for Passage Vote: 8 —0 Councilors Voting Yes: Davitt, Hawes, Pelletier, Schaefer, Sprague, Tremble, Yacoubagha, Fournier Councilors Voting No: None Passed ��.�` � M,�� w�� s� CITY CLERK