The URL can be used to link to this page

Home My WebLink About2023-10-11 23-310 Ordinance23-310 10/11/2023 CITY COUNCIL ACTION Council Meeting Date: October 11, 2023 Item No: 23-310 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: R41-019- B/R41-018 Title, Ordinance Amending Chapter 165, Land Development Code, District Map to Re -zone Property Located at 743 & 759 Broadway from Contract Shopping & Personal Service District (S&PS) to Shopping & Personal Service District (S&PS) Without Contract Overlay. Summary The applicant is seeking a zone change for the property at Map -Lots R41-019-B and R41-018, located at 743 & 759 Broadway from Contract Shopping & Personal Services District (S&PS) to only Shopping & Personal Services District (S&PS) by removing the contract conditions. The total area requested to be changed is approximately 1.58 acre and is shown in the attached exhibit. The contract conditions for this property limit the curb cuts that can be made onto Broadway and Hillside Avenue, limit the types of uses that can go on the property, reduce the maximum impervious surface ratio and floor area ratio, and require additional landscaping and buffering for uses on the site. Removal of these conditions would allow for future development on the site to follow the standard development requirements of the S&PS zone. The neighborhood around the two properties under review consists of a mix of high -density residential and single-family homes, along with some commercial uses. The zoning in the area is primarily a mixture of HDR and S&PS, with some LDR and G&ISD. This area is within the growth boundary shown in the 2022 Comprehensive Plan and the future land use map in the Plan shows this area as consisting of "medium -density residential development with limited commercial and institutional uses that are complementary to the surrounding residential land uses". Committee Action Committee: Planning Board Action: Staff Comments & Approvals CJ77 r City Manager Introduced for: First Reading and Referral Meeting Date: October 17, 2023 For: City Solicitor Against: Finance Director 23-310 10/11/2023 CITY COUNCIL ORDINANCE Date: October 11, 2023 Assigned to Councilor: Sprague ORDINANCE, Amending Chapter 165, Land Development Code, District Map to Re -zone Property Located at 743 & 759 Broadway from Contract Shopping & Personal Service District (S&PS) to Shopping & Personal Service District (S&PS) Without Contract Overlay. WHEREAS, there are currently contract conditions on the site that limit the curb cuts that can be made onto Broadway and Hillside Avenue, limit the types of uses that can go on the property, reduce the maximum impervious surface ratio and floor area ratio, and require additional landscaping and buffering for uses on the site; WHEREAS, removal of these conditions would allow for future development on the site to follow the standard development requirements of the S&PS zone; WHEREAS, the 2022 Comprehensive Plan shows this area as consisting of "medium -density residential development with limited commercial and institutional uses that are complementary to the surrounding residential land uses"; 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 -Lots R41-019-B and R41-018, located at 743 & 759 Broadway from Contract Shopping & Personal Services District (S&PS) to only Shopping & Personal Services District (S&PS) by removing the contract conditions. The total area requested to be changed is approximately 1.58 acre and is shown in the attached exhibit. IN CITY COUNCIL OCTOBER 11, 2023 COrd 23-310 First Reading and Referral to Planning Board Meeting on October 17, 2023 ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL OCTOBER 23, 2023 COrd 23-310 Motion made and seconded for Passage Vote: 7 -0 Councilors Voting Yes: Davitt, Hawes, Leonard, Schaefer, Sprague, Tremble, Pelletier Councilors Voting No: None Passed ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK 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: October 18, 2023 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation October 17, 2023 Zone Change — Map-Lots R41-019-B and R41-018 — 743 & 759 Broadway — Contract Shopping & Personal Service District (S&PS) to Shopping & Personal Service District (S&PS) Without Contract Overlay 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 October 17, 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, Jonathan Boucher, and Ken Huhn. Member Huhn stated that the applicants were his dentists and asked if other Board members felt that this was a conflict. City Solicitor Szewczyk advised that the members could discuss whether they felt it was a conflict. All members except for Member Huhn voted to allow Huhn to remain as a voting member on this item. Fred Marshall presented the application and described the history of the site and the contract zoning of the area. From the staff inemo: A. The applicant is seeking a zone change for the properties at Map-Lots R41-019-B and R41-018, located at 743 & 759 Broadway from Contract Shopping & Personal Services District (S&PS) to only Shopping & Personal Services District (S&PS) by removing the contract conditions. B. The contract conditions for these two properties reduce the maximum impervious surface ratio and floor area ratio; limit curb cuts onto Broadway; prohibit straight-through access from Broadway to Hillside Avenue; prohibit retail fuel storage or garage facilities, motor vehicle servicing, wholesale storage or warehousing, outdoor display or storage of goods 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 10.17.23 743 &759 Broadway—Map-Lots R41-019-B and R41-018 taking up more than 1% of the gross floor area of the building, and enclosed recreation or entertainment facilities; require a C-type vegetative buffer along the Broadway frontage and the northern property line; and require additional landscaping and setbacks for parking lots on the site. The full contract language is included in your packets. Removal of these conditions would allow for future development on the site to follow the standard development requirements of the S&PS zone. C. The neighborhood around the two properties under review consists of a mix of high- density residential and single-family homes, along with some commercial uses. The zoning in the area is primarily a mixture of HDR and S&PS, with some LDR and G&ISD. This area is within the growth boundary shown in the 2022 Comprehensive Plan and the future land use map in the Plan shows this area as consisting of "medium-density residential development with limited commercial and institutional uses that are complementary to the surrounding residential land uses". There were no comments from staff or from the public. Member Boucher asked if this change aligned with the Comprehensive Plan. Development Director Krieg stated that the site is within the growth boundary. 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