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Home My WebLink About2023-10-11 23-309 Ordinance23-309 10/11/2023 CITY COUNCIL ACTION Council Meeting Date: October 11, 2023 Item No: 23-309 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: R41-020 Title, Ordinance Amending Chapter 165, Land Development Code, District Map to Re -zone Property Located at 727 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 -Lot R41-020, located at 727 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 3.31 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 property under review consists of a primarily commercial uses and high -density residential, along with some single-family residential. The zoning in the area is primarily a mixture of HDR and S&PS, with some G&ISD and M&SD. 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 City Manager Meeting Date: October 17, 2023 For: 4"d-4 City Solicitor Introduced for: First Reading and Referral Against: Finance Director 23-309 10/11/2023 CITY COUNCIL ORDINANCE Date: October 11, 2023 Assigned to Councilor: Schaefer ORDINANCE, Amending Chapter 165, Land Development Code, District Map to Re -zone Property Located at 727 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 -Lot R41-020, located at 727 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 3.31 acre and is shown in the attached exhibit. IN CITY COUNCIL OCTOBER 11, 2023 COrd 23-309 First Reading and Referral to Planning Board Meeting on October 17, 2023 ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL OCTOBER 23, 2023 COrd 23-309 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-Lot R41-020 — 727 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. Fred Marshall presented the application. Stated that there would be no difference between this application and that for 743/759 Broadway except that there is a rather sizeable piece of land behind the existing bank that the owners would like to develop; this zone change would provide flexibility for that. From the staff inemo: A. The applicant is seeking a zone change for the property at Map-Lot R41-020, located at 727 Broadway from Contract Shopping & Personal Services District (S&PS) to only Shopping & Personal Services District (S&PS) by removing the contract conditions. This property is adjacent to the ones considered in the zone change above in Item 1; however, the ownership is different for the two locations, hence the two separate applications. B. The contract conditions for the property are the same as those listed in Item 1 above. As with the zone change above, removal of these conditions would allow for future development on the site to follow the standard development requirements of the S&PS zone. 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 10.17.23 727 Broadway-Map-Lot R41-020 C. This property is located closer to the Broadway shopping center area; therefore, the neighborhood around the property under review consists of a primarily commercial uses and high-density residential, along with some single-family residential. The zoning in the area is primarily a mixture of HDR and S&PS, with some G&ISD and M&SD. 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. Vice Chair Brush made a motion to recommend to the City Council that the proposed zone change ought to pass. Member Boucher seconded the motion. The motion passed 6:0 with all members voting to approve. Anja Collette Page 2 � 2