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Home My WebLink About2024-04-08 24-119 ORDINANCE24-119 04/08/2024 CITY COUNCIL ACTION Council Meeting Date: April 8, 2024 Item No: 24-119 Responsible Dept: Planning Action Requested: Ordinance Title, Ordinance Map/Lot: R24-017 Amending Chapter 165, Land Development Code, District Map to Re -zone a Property Located at 1017 Union Street from Shopping and Personal Service District (S&PS) to Government and Institutional Service District (G&ISD) Summary This ordinance would amend the Land Development Code, District Map to re -zone the property at Map -Lot R24-017, located at 1017 Union Street, from Shopping and Personal Service District (S&PS) to Government and Institutional Service (G&ISD). The total area requested to be changed is approximately 17.45 acres. The applicant is Encompass Health Maine Real Estate, LLC and the owner of record is Union Street Associates, LLC. The zoning around the property is primarily S&PS to the east, west, and south, and High Density Residential (HDR) and Low Density Residential (LDR) to the north. There are also multiple nearby parcels in the Government and Institutional Service District (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 property in the Neighborhood Residential area, which consists of "medium -density residential development with limited commercial and institutional uses that are complementary to the surrounding residential land uses". The Planning Division finds this proposed change to be in alignment with the Comprehensive Plan. Committee Action Committee: Planning Board Action: Staff Comments & Approvals City Manager Introduced for: First Reading and Referral Meeting Date: April 16, 2024 For: Against: ✓L City Solicitor Finance Director 24-119 04/08/2024 CITY COUNCIL ORDINANCE Date: April 8, 2024 Assigned to Councilor: Fournier ORDINANCE, Amending Chapter 165, Land Development Code, District Map to Re -zone a Property Located at 1017 Union Street from Shopping and Personal Service District (S&PS) to Government and Institutional Service District (G&ISD). WHEREAS, the zoning around the property is primarily S&PS to the east, west, and south, and HDR and LDR to the north. There are also multiple nearby parcels in the G&ISD zone; WHEREAS, the land uses in the area are primarily commercial, institutional, and high -density residential; WHEREAS, this area is within the growth boundary shown in the 2022 Comprehensive Plan and the future land use map shows this property in the Neighborhood Residential area, which consists 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 R24-017, located at 1017 Union Street, from Shopping and Personal Service District (S&PS) to Government and Institutional Service District (G&ISD). The total area requested to be changed is approximately 17.45 acres and is shown in the attached exhibit. IN CITY COUNCIL APRIL 8, 2024 COrd 24-ll9 First Reading and Referral to Planning Board meeting on April 16, 2024 ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL APRIL 22, 2024 COrd 24-ll9 Motion made and seconded for Passage Vote: 9 —0 Councilors Voting Yes: Deane, Fish, Fournier, Hawes, Leonard, Schaefer, Tremble, Yacoubagha, Pelletier Councilors Voting No: None Passed ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK ECONOMICCOMMUNITY &_ DEVELOPMENT 1, CITY OF BANGOR. PLANNINGr DIVISION Memorandum To: Honorable Bangor City Council Debbie Laurie, City Manager From: Anja Collette, Planning Officer Date: April 17, 2024 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation April 16, 2024 Zone Change — Map -Lot R24-017 — Shopping and Personal Service District (S&PS) to Government and Institutional Service District (G&ISD) 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 April 16, 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, Vice Chair Ted Brush, Members Don Meagher, Josh Saucier, Trish Hayes, and Mike Bazinet, and Alternate Member Janet Jonas. The representative for the applicant, Jim Kiser, presented to the Board and explained that the purpose of the zone change request was to place a physical rehabilitation hospital on the property. From the staff memo: A. The applicant is seeking a zone change for the property located on 1017 Union Street from Shopping and Personal Service District (S&PS) to Government and Institutional Service District (G&ISD). The G&ISD zone is more institutional in nature than S&PS and allows uses such as hospitals, nursing homes, government buildings, and places of worship. B. The zoning around the property is primarily S&PS to the east, west, and south, and High Density Residential (HDR) and Low Density Residential (LDR) to the north. There are also multiple nearby parcels in the Government and Institutional Service District (G&ISD). 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 property in the Neighborhood Residential area, which consists of "medium -density residential development with limited commercial and institutional uses that are complementary to the surrounding residential land uses". The Planning Division finds this proposed change to allow institutional uses to be in alignment with the Comprehensive Plan. 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-42SO FAX: (207) 945-4447 VVvVW.BANGORMAINE.GOV CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL 4.16.2024 1017 Union Street - Map -Lot R24-017 Chair Perkins asked for clarification about the owner being different from the applicant. Kiser and Planning Officer Collette stated that it's a typical process with commercial development for a potential buyer to apply for a zone change first before completing the sale. Planning Officer Collette also stated that the purchase and sale documents that were submitted stated that the applicant is able to apply for the zone change. Chair Perkins also asked for clarification on the classification of the use as a hospital and the need for this zone. Planning Officer Collette stated that this was use would be on the scale of a hospital and the only zone that would allow for it would be G&W. Chair Perkins noted the increase in maximum height from 40 feet in the S&PS zone to 80 feet in the G&ISD zone. Kiser noted that the proposed building would only be one story. Member Saucier spoke in support of the zone change and the proposed use of the property. Saucier stated he felt that this was not very different from the surroundings and that he felt it would be a good use of the property. He also felt that the height difference would not be an issue. There were no public comments. Member Saucier moved to recommend to City Council that the proposed change ought to pass. Vice Chair Brush seconded the motion. The motion passed 7.0 with all members voting in favor. The result of the vote is that a majority of Planning Board members voted to recommend that the proposed change ought to pass. Anja Collette Page 212