No preview available
HomeMy WebLinkAbout2025-02-10 25-067 Ordinance25-067 02/10/2025 CITY COUNCIL ACTION Council Meeting Date: February 10, 2025 Item No: 25-067 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: R41-005 Title, Ordinance Amending Chapter 165, Land Development Code, District Map to Re -zone a Property Located at 861 Broadway from Contract Industry & Service District (I&S) and Low -Density Residential District (LDR) to Shopping & Personal Service District (S&PS). Summary This ordinance would amend the Land Development Code, District Map to re -zone the property at Map -Lot R41-005, located at 861 Broadway, from Contract Industry & Service District (I&S) and Low -Density Residential District (LDR) to Shopping & Personal Service District (S&PS). The total area requested to be changed is approximately 10 acres. The applicant and owner of record is The Zone Corporation. 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". Committee Action Committee: Planning Board Action Staff Comments & Approvals City Manager Introduced for: First Reading and Referral Meeting Date: February 18, 2025 For: Against: City Solicitor Finance Director 25-067 02/10/2025 CITY COUNCIL ORDINANCE Date: February 10, 2025 Assigned to Councilor: Leonard ORDINANCE, Amending Chapter 165, Land Development Code, District Map to Re -zone a Property Located at 861 Broadway from Contract Industry & Service District (I&S) and Low -Density Residential District (LDR) to Shopping & Personal Service District (S&PS). WHEREAS, the land uses around the property consist of a mix of institutional and low to high -density residential; WHEREAS, the zoning around the property consists primarily of Government & Institutional Service District (G&ISD), Low -Density Residential (LDR), and High -Density Residential (HDR); WHEREAS, 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"; 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 R41-005, located at 861 Broadway, from Contract Industry & Service District (I&S) and Low -Density Residential District (LDR) to Shopping & Personal Service District (S&PS). The total area requested to be changed is approximately 10 acres and is shown in the attached exhibit. ECONOMICCOMMUNITY &_ DEVELOPMENT 1, CITY OF BANGOR. PLANNINGr DIVISION Memorandum To: Honorable Bangor City Council Debbie Laurie, City Manager From: Anja Collette, Planning Officer Date: February 19, 2025 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation February 18, 2024 Zone Change — 861 Broadway - Map -Lot R41-005 — Contract Industry and Service District (I&S*) and Low -Density Residential District (LDR) to Shopping & Personal Service District (S&PS) 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 February 18, 2025. 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 Jonathan Boucher, and Members Ted Brush, Ken Huhn, Trish Hayes, and Janet Jonas. The applicant's representative, Andy Johnston, presented to the Board about the requested zone change. From the staff memo: A. The applicant is seeking a zone change for their property located 861 Broadway from Contract Industry & Service District (I&S*) and Low -Density Residential District (LDR) to Shopping & Personal Service District (S&PS). The property requested to be changed is shown in the exhibits in your packets. B. The current contract conditions on this property include that any buildings are limited to a maximum of 35 feet, building expansion is limited to 4,000sgft of floor area, any new buildings will conform in architectural character with the existing building's character, maximum lot coverage is 20%, maximum impervious area is 30%, and the use of the land is restricted to broadcast related business use only. C. The area around the property consists primarily of a mix of institutional uses and low to high -density residential. The zoning directly around the property consists primarily of Government & Institutional Service District (G&ISD), Low -Density Residential (LDR), and High -Density Residential (HDR). 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 2.19.2025 861 Broadway - Map -Lot R41-005 D. 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". E. Prior to making a recommendation on this zone change to the City Council, staff recommend the Planning Board make a determination on whether this change aligns with the 2022 Comprehensive Plan and provides a benefit to the community. The Comprehensive Plan can be found here: htt se//ban ormaiinee ov/DocumentCenter/�iiew/�4C7/Com rehensiive-Pllan- .............. PDF. Member Huhn and Chair Perkins asked about what would happen to the radio station and tower there. Johnston responded that they would likely be removed. Member Jonas asked about the proposed use; Johnston replied that there isn't a firm proposed use yet, but that this would help provide flexibility for potential development. Chair Perkins and Member Huhn asked whether this change would make the radio station non- conforming. Planning Officer Collette stated that it would not since information processing and communications facilities are an allowed use in the S&PS zone and that S&PS would have less restrictive dimensional controls than what is currently allowed by the contract zone. Member of the public and abutter, David Craig, commented and discussed the history of the site and original zoning. He stated his concerns about current traffic in the area and how this change might exacerbate that. Chair Perkins and City Engineer Davis discussed the traffic reviews that are done for site development applications and that steps might be taken for a particular project to help mitigate the traffic in the area. Planning Officer Collette reiterated that the Board should consider the Comprehensive Plan in their decision, what the potential future uses might be, and the potential community benefit versus impact to the immediate area of the proposed change. Member Brush moved to recommend to City Council that the proposed change ought to pass. Member Huhn seconded the motion. The motion passed 6.0 with all members voting in favor. Chair Perkins stated he felt that this change did align with the Comprehensive Plan and the planned future land uses in this area. 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 IN CITY COUNCIL FEBRUARY 10, 2025 COrd 25-067 First Reading and Referral to Planning Board Meeting on February 18, 2025 �����:,w�,��° '" .�� ��°,„�,��"���,°��*°.������ �� CITY CLERK IN CITY COUNCIL FEBRUARY 24, 2025 COrd 25-067 Motion made and seconded for Passage Vote: 8 —0 Councilors Voting Yes: Beck, Deane, Fish, Fournier, Hawes, Mallar, Tremble, Pelletier Councilors Voting No: None passsed ���.�` � M,�� �������w������ � �s� CITY CLERK