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Home My WebLink About2024-01-22 24-069 Ordinance24-069 01/22/2024 CITY COUNCIL ACTION Council Meeting Date: January 22, 2024 Item No: 24-069 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: 002-009 Title, Ordinance Amending Chapter 165, Land Development Code, District Map to Re -zone the Property Located at 108 Odlin Road from Urban Residence 1 District (URD-1), Neighborhood Service District (NSD), and Urban Service District (USD) to Urban Service District (USD). Summary This Ordinance would amend the Land Development Code, District Map to re -zone the property at Map -Lot 002-009, located at 108 Odlin Road, from a combination of Urban Residence 1 District (URD-1), Neighborhood Service District (NSD), and Urban Service District (USD) to only Urban Service District (USD). The total area requested to be changed is approximately 6.27 acres. The applicant and owner of record is Bangor Lodge #244 B.P.O. Elks (also known as Bangor Elks Lodge). The area around the property consists primarily of commercial and residential uses. The zoning in the area is primarily USD to the west and north and URD-1 to the east. This area is within the growth boundary shown in the 2022 Comprehensive Plan, and the future land use map in the Plan shows this property in the Airport Commercial area, which consists of "commercial and industrial areas in proximity to Bangor's airport that support, complement, or benefit from the airport's proximity." Committee Action Committee: Planning Board Action: Staff Comments & Approvals I City Manager Introduced for: First Reading and Referral Meeting Date: February 6, 2024 For: City Solicitor Against: 97 Fin nce Director 24-069 01/22/2024 CITY COUNCIL ORDINANCE Date: January 22, 2024 Assigned to Councilor: Hawes ORDINANCE, Amending Chapter 165, Land Development Code, District Map to Re -zone the Property Located at 108 Odlin Road from Urban Residence 1 District (URD-1), Neighborhood Service District (NSD), and Urban Service District (USD) to Urban Service District (USD). WHEREAS, the area around the subject property consists primarily of commercial and residential uses, and the zoning in the area is primarily USD to the west and north and URD-1 to the east; and WHEREAS, the 2022 Comprehensive Plan shows this property in the Airport Commercial area, which consists of "commercial and industrial areas in proximity to Bangor's airport that support, complement, or benefit from the airport's proximity"; 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 002-009, located at 108 Odlin Road from Urban Residence 1 District (URD-1), Neighborhood Service District (NSD), and Urban Service District (USD) to Urban Service District (USD). The total area requested to be changed is approximately 6.27 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 Debbie Laurie, City Manager From: Anja Collette, Planning Officer Date: March 6, 2024 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation March 5, 2024 Zone Change — Map-Lot 002-009 — Urban Residence 1 District (URD-1), Neighborhood Service District (NSD), and Urban Service District (USD) 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 March 5, 2024. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were Chair Reese Perkins and Members Don Meagher, Jonathan Boucher, Trish Hayes, Mike Bazinet, and Joshua Saucier. Alternate Member Janet Jonas was present on Zoom, filling in for Member Brush, who was absent. Jason Worster explained the Elks' Lodge plans for the property and why they need to expand into the area zoned URD-1, along with why it would not be feasible for them to build the parking elsewhere on the lot. Worster also stated that the hedges in the URD-1 strip could be removed if the property changes hands. From the staff inemo: A. This item is a continuation of the zone change request for 108 Odlin Road to re-zone the entire lot from a mix of NSD, URD-1, and USD, to entirely USD. The decision on this request was deferred to this meeting to allow staff additional time to search for files related to previous zone changes for this property. B. Since the previous meeting, staff have been unable to access City Hall to search for hard files due to ongoing asbestos abatement. However, in the Council action from 2013 that changed a portion of the lot to NSD, staff have found reference to the history of the URD-1 zoning for this lot. This order is included in your packets. It does appear that the URD-1 zone was left in order to provide a buffer between the Elks Lodge property and the adjacent residential lots. However, the subsequent change to NSD for the area behind 27 and 33 Mildred Avenue did remove any provision for a buffer for those two 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 3.5.2024 108 Odlin Rd-Map-Lot 002-009 C. There are several options available to the Board to require that a buffer remain between the Elks Lodge parking lot and the abutting residences: 1. The Board could recommend approval of the zone change, but when the applicant reappears before the Board for site plan approval, the Board could consider conditioning approval on the applicant providing a wider vegetative buffer than would typically be required for off-street parking in this situation. In this case, the Board would work with the applicant to determine a reasonable width for the buffer. 2. The Board could vote not to recommend the zone change and instead ask the applicant to apply for a contract zone change, with one of the contract conditions being a wider vegetative buffer along the eastern property line. Another contract condition could be a restriction on operating hours if that is also a concern of the Board. 3. The Board could vote not to recommend the zone change and instead recommend to leave the current zoning as is. However, it should be noted that this method would only result in a buffer between the Elks Lodge and the residential lots that are zoned URD-1. There would not be a required buffer between the Lodge and the two lots zoned NSD (unless conditioned as part of a site plan approval). The first two options above though could potentially result in a vegetative buffer for these two lots as well. This third option would result in the applicant not being able to extend their parking or any other commercial development into the area zoned URD-1. Public comments primarily addressed the need for a buffer between the Elks Lodge use the adjacent residences and expressed concerns about noise. Comments were made about the original zoning of URD-1 being left in order to provide a buffer for the adjacent neighborhood. Some members of the public felt that the applicants could create parking elsewhere on the property in locations that would not impact the neighbors; others felt that the Elks' Lodge has sufficient parking and therefore that the zone change is unnecessary. Member Saucier echoed the latter comments. The applicant responded to some of the concerns expressed, stating that it wouldn't be feasible to put parking in the other areas of the property noted by the abutters. The applicant also pointed out other lots in the City zoned USD that abut residential that do not have a zoning buffer similar to the one located on this lot. The applicant stated a willingness to maintain a 50-foot buffer between their use and the neighborhood and expressed disagreement about noise issues based on a decibel test during a recent event. Page 2 � 3 CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL 3.5.2024 108 Odlin Rd-Map-Lot 002-009 Member Saucier expressed that he didn't feel the situation has substantively changed since the URD-1 buffer was originally created; therefore, he supported option 3 in the staff inemo. Other members stated a preference for option 1. Chair Perkins expressed concerns about potential changes of use and therefore preferred option 2. Member Meagher concurred. Members asked clarifying questions of staff. Staff provided clarification to the Board on the potential outcomes of options 2 and 3.With option 2, a contract zone change could not be used to limit the allowed uses on the lot, but it could be used to restrict dimensional requirements, require a wider buffer, or restrict the hours of operation; however, any of the commercial uses in USD would be allowed anywhere on the lot (provided they meet those stipulations). With option 3, leaving the zoning the same could still mean a bar or similar use could come into the portion zoned USD, but no commercial would be allowed in the URD-1 strip; however, residential uses (anything allowed in URD-1) could be put in that strip. Based on Board discussion and staff clarification, some of the members that had previously desired option 1 instead expressed a desire for option 2 as stated in the staff inemo, regarding a contract zone change with stipulations on a wider buffer between uses on the Lodge lot and the adjacent properties, and restrictions on hours of operation. Member Meagher made a motion to recommend to the City Council that the proposed zone change ought to pass. Member Boucher seconded the motion. The motion failed to pass 5:2 with the members voting as follows: • Alternate Member Jonas — No; prefers the applicant return for a contract zone change • Member Bazinet — No; prefers the applicant return for a contract zone change • Member Meagher— No; prefers the applicant return for a contract zone change � Chair Perkins — No; prefers the applicant return for a contract zone change • Member Saucier— No; prefers that the zoning remain the same • Member Boucher— Yes; prefers to stipulate conditions during the site plan process • Member Hayes — Yes; prefers to stipulate conditions during the site plan process The result of the vote is that a majority of Planning Board members voted to recommend that the proposed zone change ought not to pass. Anja Collette Page 3 � 3 IN CITY COUNCIL JANUARY 22, 2024 COrd 24-069 First Reading and Referral to Planning Board Meeting of February 6, 2024 ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL MARCH 11, 2024 COrd 24-069 Christy Babin stated she was an abutting property owner and wanted to protect her property and have privacy. Motion made and seconded for Passage Vote: 0 —5 Councilors Voting Yes: None Councilors Voting No: Deane, Fournier, Leonard, Schaefer, Yacoubagha Motion Failed ��.�` � M,�� w�� s� CITY CLERK