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HomeMy WebLinkAbout2025-12-22 26-058 Ordinance26-058 12/22/2025 CITY COUNCIL ACTION Council Meeting Date: December 22, 2025 Item No: 26-058 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: n/a Title, Ordinance Amending the Land Development Code, Section 165-13 Definitions to Remove Ohio Street and State Street from the Minor Arterial Street Definition and Add Ohio Street to the Major Arterial Definition Summary The Land Development Code currently defines certain streets as either major or minor arterial streets. The criteria for major arterials are that they are "highways of regional significance with average annual daily traffic in excess of 10,000 vehicles and containing more than two lanes in at least some sections". Ohio Street and State Street are included as minor arterials even though they meet some or all of the criteria of major arterials. State Street appears to be erroneously included as a minor arterial since it is also listed as a major arterial. Not being listed as a major arterial impacts the land uses that can be developed on Ohio Street since quite a few uses are limited to major arterials. These land uses typically make sense on Ohio, but are currently prohibited from being there. These discrepancies present a barrier for future development and don't align with the City's Comprehensive Plan. This amendment would remove Ohio Street and State Street from the minor arterial category and add Ohio Street to the major arterial category. Committee Action Committee: Planning Board Action: Staff Comments & Approvals 4W City Manager Director Introduced for: First Reading Meeting Date: 1/6/2025 For: City Solicitor Against: Finance 26-058 12/22/2025 CITY COUNCIL ORDINANCE Date: December 22, 2025 Assigned to Councilor: Carson ORDINANCE, Amending the Land Development Code, Section 165-13 Definitions to Remove Ohio Street and State Street from the Minor Arterial Street Definition and Add Ohio Street to the Major Arterial Definition. Whereas, the Land Development Code currently defines certain streets as either major or minor arterial streets; Whereas, Ohio Street and State Street are included as minor arterials even though they meet some or all of the criteria of major arterials, and State Street appears to be erroneously included as a minor arterial since it is also listed as a major arterial; Whereas, not being listed as a major arterial impacts the land uses that can be developed on Ohio Street since quite a few uses are limited to major arterials; Whereas, this amendment would remove Ohio Street and State Street from the minor arterial category and add Ohio Street to the major arterial definition; Be it Ordered by the City Council of the City of Bangor that, The Land Development Code shall be amended as shown below: § 165-13 Definitions. STREET, MAJOR ARTERIAL Generally, a highway of regional significance with average annual daily traffic in excess of 10,000 vehicles and containing more than two lanes in at least some sections. Specifically, the following streets are to be considered major arterial streets in Bangor: Broadway, Hammond Street, Hogan Road, Main Street, Odlin Road, State Street, Stillwater Avenue, Ohio Street, and Union Street. STREET, MINOR ARTERIAL Generally, a street providing service for trips of moderate length, serving smaller geographic areas than major arterial streets, and offering connectivity to major arterial streets. Specifically, the following streets are to be considered minor arterial streets in Bangor: Mount Hope Avenue, Essex Street, Griffin Road, Kenduskeag Boulevard, o;;e-StFeet, StateStFeet, Maine Avenue, and Fourteenth Street. Additions underlined, deletions stFu eagh Memorandum To: Honorable Bangor City Council Carollynn Lear, City Manager From: Anja Collette, AICP, Planning Officer Date: January 7, 2026 CC: Courtney O’Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg, AICP – Director of Community & Economic Development Re: Planning Board Recommendation January 6, 2026 Amending Chapter 165, Land Development Code, by Removing Ohio Street and State Street from the Minor Arterial Street definition and adding Ohio Street to the Major Arterial definition 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 January 7, 2026. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were Chair Jonathan Boucher, Vice Chair Janet Jonas, and Members Trish Hayes, Ted Brush, Ken Huhn, Ross Whitford, and Greg Hobson, as well as Associate Member Justin Cartier. Planning Officer Collette reviewed a presentation on the proposed amendments. Key points that were made are as follows:  This change does not mean that Ohio Street would be physically changing. There are no plans to widen Ohio Street or otherwise physically make it into a higher capacity road.  The current zoning, current water and sewer infrastructure, and the growth boundary and future land use plan in the Comprehensive Plan are the controlling factors on what types of development might be allowed and where infrastructure would be extended. o Water and sewer infrastructure are also controlling factors on the intensity of development that can go on a site o Outer Ohio Street is outside the growth boundary and designated as rural residential in the future land use plan; the Comprehensive Plan states that water and sewer infrastructure will be limited to within the growth boundary o Only a few uses would be allowed by this change in the Rural Residential and Agricultural zone, such as direct farm sales and places of worship  Many of the uses affected by this change are conditional uses, where the Planning Board has discretion to decide whether the traffic impacts of a project are too great and whether the intensity and scale of a proposed use fits in with the neighborhood  Where there are existing uses along Ohio Street that are currently prohibited by the Code because Ohio Street isn’t a major arterial, these may be legally non-conforming; therefore, redevelopment or expansion is limited and these types of uses could not be newly constructed on a site 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 1.6.2026 Land Development Code – Arterial Definition Change From the staff memo: A. This amendment would remove Ohio Street and State Street from the minor arterial street category and add Ohio Street to the major arterial category in the Land Development Code. B. The criteria for major arterials are that they are “highways of regional significance with average annual daily traffic in excess of 10,000 vehicles and containing more than two lanes in at least some sections”. Ohio Street and State Street are included as minor arterials even though they meet some or all of the criteria of major arterials. State Street appears to be erroneously included as a minor arterial since it is also listed as a major arterial. C. Not being listed as a major arterial impacts the land uses that can be developed on Ohio Street since quite a few uses are limited to major arterials. These land uses typically make sense on Ohio, but are currently prohibited from being there. These discrepancies present a barrier for future development and don’t align with the City’s Comprehensive Plan. D. The proposed change would introduce new uses to Ohio Street, depending on the zoning. The following is a list of uses that are restricted to major arterials in certain zones, along with the zones that restrict them in this way. i. Nursing homes: URD-1, URD-2, LDR, HDR ii. Boarding homes: URD-1, URD-2, LDR, HDR, RR&A iii. Offices and community service organizations: M&SD iv. Hospitals: G&ISD v. Medical offices and clinics: G&ISD vi. Large landscaping service businesses: RR&A vii. Places of worship: URD-1, URD-2, LDR, HDR, RR&A viii. Sales of farm products: RR&A ix. Chemical dependency treatment facilities: G&ISD x. Private schools, training facilities, and recreational uses: RR&A xi. Secure Level IV residential care facility: G&ISD E. This is a reminder that the Planning Board’s action on Land Development Code amendments takes the form of a recommendation to City Council. The motion is constructed to recommend to the City Council that the proposed amendment ought to pass or ought not to pass. If the Board votes that it ought to pass, then the Council needs a majority to pass the amendment. If the Board votes that it ought not to pass, then the Council needs a super majority (2/3 vote) to pass the amendment. Many members of the public commented in opposition to the change, stating concerns such as allowing more commercial development along Ohio Street and associated traffic impacts, impacts on the rural area of outer Ohio Street, questions about the potential new uses that would be allowed and why some of the uses that are listed under this change are already on Ohio Street, and comments on why they felt that Ohio Street did not meet the definition of major arterial. Page 2 | 3 CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL 1.6.2026 Land Development Code – Arterial Definition Change Planning Officer Collette reiterated the points made during the presentation. Member Jonas asked for confirmation that this amendment wouldn’t change the zoning and that if someone wanted to do a more intense commercial use like a Walgreens, they would have to do a zone change. Collette confirmed this and stated that there is not currently the type of commercial zoning along Ohio Street that would allow intense commercial development such as strip malls and big box stores. Associate Member Cartier asked if this was being proposed as a way for the City to allow more chemical dependency treatment facilities along Ohio Street. Collette stated that it was not and that that use would only be allowed in the G&ISD (Government & Institutional Service District) zone, which is only present in a few pockets along Ohio Street. Collette further stated that if someone wanted to put that use in a place along Ohio Street that is not currently zoned G&ISD, they would have to come to the City for a zone change. Cartier further asked for the reason why this was being proposed. Collette stated that a party was interested in placing a recreation center along Ohio Street near Penobscot Christian School, but also that staff felt this change would be beneficial to other uses such as working farms, as well as currently legally non-conforming uses, such as some places of worship and nursing homes. Chair Boucher stated that he felt this was largely a clerical change that would result in bringing some properties into conformity. Boucher asked for clarification about the process for a non-conforming use to come into conformity, whether they would need a zone change, and whether that would be spot zoning. Collette provided clarification on legal versus illegal spot zoning. Cartier talked about the difference in feel between State Street and Ohio Street. Boucher clarified the difference between how the streets are defined and their urban or rural feel, stating that some major arterials also transition into rural, undeveloped areas. Member Huhn moved to recommend to City Council that the proposed amendments ought to pass. Member Jonas seconded the motion. Members Brush, Huhn, Jonas, and Whitford voted no because they felt that Ohio Street did not meet the criteria for a major arterial street. Chair Boucher and Members Hayes and Hobson voted yes. The result of the vote is that a majority of Planning Board members voted to recommend that the proposed amendments ought not to pass. Anja Collette Page 3 | 3 IN CITY COUNCIL DECEMBER 12, 2025 COrd 26-058 First Reading and Referral to Planning Board Meeting on January 6, 2026 CITY CLERK IN CITY COUNCIL JANUARY 12, 2026 COrd 26-058 Motion made and seconded for Passage Motion made and seconded to postpone to the regular City Council Meeting on January 26, 2026, at 7:00 PM and refer to the Business and Economic Development Committee at its next meeting. Vote: 8 – 0 Councilors Voting Yes: Beck, Carson, Deane, Faloon, Fish, Mallar, Walker, Hawes Councilors Voting No: None Passed CITY CLERK IN CITY COUNCIL JANUARY 28, 2026 COrd 26-058 Jeffrey Fahey, Joseph Pratt, Sadie Francis, Paul Pasquine and Tammy Boyle spoke in opposition. Motion made and seconded for Passage Vote: 0 - 8 Councilors Voting Yes: None Councilors Voting No: Beck, Carson, Deane, Faloon, Fish, Leonard, Mallar, Hawes Motion Failed CITY CLERK