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HomeMy WebLinkAbout2025-02-24 25-079 Ordinance25-079 02/24/2025 CITY COUNCIL ACTION Council Meeting Date: February 24, 2025 Item No: 25-079 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: R41-001-C Title, Ordinance Amending Chapter 165, Land Development Code, District Map to Re -zone a Property Located at 870 Broadway from High -Density Residential District (HDR) 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 R41-001-C, located at 870 Broadway, from High -Density Residential District (HDR) to Shopping & Personal Service District (S&PS). The total area requested to be changed is approximately 7.93 acres. The applicant and owner of record is 850 Broadway, LLC c/o Nate Freeman. 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: March 4, 2025 For: City Solicitor Against: (:i ) "/ 21 f - Finance Director 25-079 02/24/2025 CITY COUNCIL ORDINANCE Date: February 24, 2025 Assigned to Councilor: Fish ORDINANCE, Amending Chapter 165, Land Development Code, District Map to Re -zone a Property Located at 870 Broadway from High -Density Residential District (HDR) 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 R41-001-C, located at 870 Broadway, from High -Density Residential District (HDR) to Shopping & Personal Service District (S&PS). The total area requested to be changed is approximately 7.93 acres and is shown in the attached exhibit. 3/3/25, 8:52 AM Mail - Maquillan, Sarah - Outlook Outlook Re: 870 Broadway From Collette, Anja <anja.collette@bangormaine.gov> Date Mon 3/3/2025 08:51 To Terry Hopkins <thopkins3.14159@gmail.com>; Planning-WWW <planning@bangormaine.gov> Hi Terry, thank you for your comments. They have been sent to the Planning Board. Just to clarify though, what is being reviewed at tomorrow night's meeting is just a zone change, not a development proposal, although the applicants did state in their application materials what they plan to do. When the Board reviews zone changes, they have to look at any potential future uses that might occur on a property, regardless of what the applicant is planning, since plans don't always come to fruition. If someone does propose a development there, they would have to come back before the Board to receive approval for that. Also to clarify about the left turn lane, the previous development that was approved there was approved with the condition the developer construct a left turn lane. However, that was only to be done if the project was constructed, which it wasn't. It is likely that this would be a condition of approval for a future project to be developed there (depending on the type of project) and if it is, the developer is the one who would have to construct it as part of their project. Let us know if you have any questions, Anj a Collette Planning Officer Community & Economic Development Planning Division 73 Harlow Street Bangor, ME 04401 Phone: 207.992.4280 From: Terry Hopkins <thopkins3.14159@gmail.com> Sent: Sunday, March 2, 2025 4:19 PM To: Planning-WWW <planning@bangormaine.gov> Subject: 870 Broadway https://outlook.office365.com/mail/inbox/id/AAQkADg4ZmJIYWZjLTE1 MjUtNGM1 NC1 iMDk2LWVmYmNIMDg4MjAOZQAQAHi%2BEYPgpwlluLjOcIoD2... 1/2 3/3/25, 8:52 AM Mail - Maquillan, Sarah - Outlook ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... "'IIIMIIIIIIIMG+�� IIII''.III'X""IIII""IIIIIIIIIIIII'"'IIIM L.� - DOUBLE CHECK THE SENDER'S ADDRESS BEFORE OPENING LINKS OR ATTACHMENTS. To the Planning Board: I believe this is the same lot that you approved a couple of years ago for a 100 Unit apartment complex. We all know that Broadway carries the highest volume of traffic of any artery in the City. Residents in this area know that we cannot stop "progress," but when you previously approved that lot for Residential use, you failed to address the traffic issue then, and I suspect you will fail again this time. Specifically, you have not made provision for a turning lane into the driveway/parking lot of this new project, and here is what is going to happen: When a vehicle comes up the hill from the Grandview area and attempts to turn left into the lot, many times during the day, it will have to wait for a string of vehicles coming from the opposite direction (heading intown) that is often 20 to 30 vehicles in length. I know this because I live in Cortland Circle, and those of us in Cortland Circle and Orchard Hills Estates not only deal with such traffic coming into town, but strings of a nearly equal number of vehicles heading out of town, and this occurs all day_ long,. We also get the traffic leaving the St Joseph Hospital complex, as well as traffic leaving Hobart St to make it more difficult for us to enter Broadway safely. Have you asked for a traffic study to determine how many more vehicles this development will be adding to Broadway? Whether you have or not, this development NEEDS a dedicated turning lane for left -turning vehicles. Please don't approve this project without addressing the traffic issue. Terry E Hopkins 41 Cortland Circle https://outlook.office365.com/mail/inbox/id/AAQkADg4ZmJIYWZjLTE1 MjUtNGM1 NC1 iMDk2LWVmYmNIMDg4MjAOZQAQAHi%2BEYPgpwlluLjOcIoD2... 2/2 DEVELOPMENT CITY OF BANGOR. PLANNINGr DIVISION Memorandum To: Honorable Bangor City Council Debbie Laurie, City Manager From: Anja Collette, Planning Officer Date: March 4, 2025 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation March 4, 2025 Zone Change — 870 Broadway - Map -Lot R41-001-C — High -Density District (HDR) to Shopping & Personal Service District (S&PS) Residential 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 4, 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, Mike Bazinet, Trish Hayes, and Janet Jonas. The applicant's representative, Robert Frank with WBRC, presented to the Board about the requested zone change and the applicant's plans for the property as a mixed commercial residential development. From the staff memo: A. The applicant is seeking a zone change for their property located 870 Broadway from High -Density Residential District (HDR) to Shopping & Personal Service District (S&PS). The property requested to be changed is shown in the exhibits in your packets. B. 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). 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". D. 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 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 3.4.2025 870 Broadway - Map -Lot R41-001-C Comprehensive Plan and provides a benefit to the community. The Comprehensive Plan can be found here: htrehensiive-Pllan- E..F. A list of the current allowed uses in HDR and S&PS is included in your packets. Planning Officer Collette summarized a public comment that was received regarding concerns about traffic and provision for a center turn lane. Collette stated that the staff response emphasized that the Planning Board must consider any potential uses that could be allowed with the zone change, not just what the applicant is proposing, and that any development would have to come back to the Planning Board for approval and that off -site traffic improvements would be handled then. Robert Libby, president of the Orchard Hills HOA, commented that Orchard Hills is in opposition to the change due to the impact on traffic, particularly with existing issues for Orchard Hills residents to turn left onto Broadway. Frank from WBRC stated the applicant is aware that off -site traffic improvements would be required later on as part of State permitting and stated that the proximity of the proposed housing to St. Joseph's and Husson may encourage non -vehicular travel. City Engineer Davis concurred that the State would be involved in the traffic permitting process for the potential development and that this could result in other improvements, such as a traffic light and/or sidewalks. Member Huhn stated he was concerned about traffic impacts as well, but that the proposed development could trigger major improvements to Broadway. Huhn also stated his feeling that the zone change would be in alignment with the Comprehensive Plan, that the area is moving towards mixed use, and that this change would allow for additional housing and the provision of extra services in the area. Member Jonas concurred with Member Huhn regarding traffic impacts and had questions about the type of restaurant planned. The Board and Planning Officer Collette discussed that that any future uses need to be considered, not just what the applicant has planned. Collette stated that a sit-down restaurant would be permitted by right and a drive-thru would be conditional. Richard Nickerson, a member of the Board of Cortland Circle, stated his concerns with traffic impacts, particularly with the high -turnover restaurant proposed, and felt that a center turn lane would not help. Chair Perkins asked City Engineer Davis whether this type of development would indeed trigger larger changes (traffic improvements) to Broadway. Perkins mentioned the Comprehensive Plan's policy on corridor development and safety, and asked if there was more the City could do to alleviate these issues. Davis stated that Broadway has been looked at extensively and that there have been multiple studies for the corridor, and confirmed that this could be a good jumpstart for major changes. Planning Officer Collette mentioned that development in these corridor areas would also be extensively looked at in the Land Development Code update process to see what types of development changes could help alleviate these problems. Page 213 CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL 3.4.2025 870 Broadway - Map -Lot R41-001-C Member Huhn moved to recommend to City Council that the proposed change ought to pass. Vice Chair Boucher 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 313 IN CITY COUNCIL FEBRUARY 24, 2025 COrd 25-079 First Reading and Referral to Planning Board Meeting on March 4, 2025 �����:,w�,��° '" .�� ��°,„�,��"���,°��*°.������ �� CITY CLERK IN CITY COUNCIL MARCH 10, 2024 COrd 25-079 Motion made and seconded for Passage Vote: 7—0 Councilors Voting Yes: Beck, Deane, Fish, Fournier, Leonard, Mallar, Tremble Councilors Voting No: None Passed ���.�` � M,�� �������w������ � �s� CITY CLERK