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Home My WebLink About2024-04-22 24-130 Ordinance24-130 04/22/2024 CITY COUNCIL ACTION Council Meeting Date: April 22, 2024 Item No: 24-130 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: R35-030 Title, Ordinance Amending Chapter 165, Land Development Code, District Map to Re -zone a Property Located at 670 Ohio Street, from Low Density Residential District (LDR) to Neighborhood Service District (NSD). Summary This Ordinance would amend the Land Development Code, District Map to re -zone the property at Map -Lot R35-030, located at 670 Ohio Street, from Low Density Residential District (LDR) to Neighborhood Service District (NSD). The total area requested to be changed is approximately 4 acres. The applicants and owners of record are Lisa Clark and John Clark. The area around the property consists of primarily residential use with commercial uses nearby to the west along Union Street. The change to the NSD district would allow for small-scale commercial uses (limited to 2,000 square feet of floor area or less), and some low to medium density residential uses. 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: May 7, 2024 For: City Solicitor Against: Finance Director 24-130 04/22/2024 CITY COUNCIL ORDINANCE Date: April 22, 2024 Assigned to Councilor: Hawes ORDINANCE, Amending Chapter 165, Land Development Code, District Map to Re -zone a Property Located 670 Ohio Street, from Low Density Residential District (LDR) to Neighborhood Service District (NSD). WHEREAS, the area around the property consists of primarily residential use with commercial uses nearby to the west along Union Street; WHEREAS, the change to the NSD district would allow for small-scale commercial uses and some low to medium density residential uses; WHEREAS, the 2022 Comprehensive 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"; 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 R35-030, located at 670 Ohio Street, from Low Density Residential (LDR) to Neighborhood Service District (NSD). The total area requested to be changed is approximately 4 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: May 8, 2024 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation May 7, 2024 Zone Change — 670 Ohio Street - Map-Lot R35-030 — Low Density Residential (LDR) to Neighborhood Service District (NSD) 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 May 7, 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, Jonathan Boucher, and Mike Bazinet, and Alternate Member Janet Jonas. The applicants for the zone change, Lisa and John Clark, presented to the Board and explained that the purpose of the zone change request was to have a small store (12'x12') with a 4-space parking lot for selling the cut flowers they grow on the site. From the staff inemo: A. The applicant is seeking a zone change for their property located on 670 Ohio Street from Low Density Residential District (LDR) to Neighborhood Service District (NSD). The area around the property consists of primarily residential uses with commercial uses nearby to the west along Union Street. The change to the NSD district would allow for small-scale commercial uses (limited to 2,000 square feet of floor area or less), and some low to medium density residential uses. B. The Neighborhood Service District is intended to allow for low-impact commercial uses that are located primarily within established residential areas and to be limited to commercial and mixed uses that will have a minimal impact on the neighborhood (e.g. small neighborhood stores or offices, churches, etc). Therefore, this zone is often not located contiguous to other NSD parcels, but located in scattered "pockets" within residential areas. 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 5.7.2024 670 Ohio Street—Map-Lot R35-030 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 be in alignment with the Comprehensive Plan. Planning Officer Collette mentioned comments from two abutters who came to the office in person to express concerns about the impact this would have on traffic on Ohio Street in this area. Collette also stated that the need for the zone change is triggered by the addition of on-site sales. The Board asked the applicants clarifying questions on the proposed use. Chair Perkins asked City Engineer Theriault about the impact this may have on traffic in the area. Theriault stated he did not anticipate large traffic numbers being produced by the proposed use and stated that the small size of the parking area will be a limiting factor in how many customers can stop there. Member Boucher asked Planning Officer Collette for clarification about the allowed uses in the Low Density Residential (LDR) District. Collette stated that LDR would not allow for commercial uses such as this and that NSD is the most limited commercial district they could go to that would still allow retail sales. There were no public comments. Vice Chair Brush moved to recommend to City Council that the proposed change ought to pass. Member Boucher seconded the motion. The motion passed 7:0 with all regular 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 2 � 2 IN CITY COUNCIL APRIL 22, 2024 COrd 24-130 First Reading and Referral to Planning Board Meeting on May 7, 2024 ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL MAY 13, 2024 COrd 24-130 Motion made and seconded for Passage Vote: 8 —0 Councilors Voting Yes: Deane, Fish, Fournier, Leonard, Schaefer, Tremble, Yacoubagha, Pelletier Councilors Voting No: None Passed ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK