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Home My WebLink About2026-04-13 26-139 Ordinance26-139 04/13/2026 CITY COUNCIL ACTION Council Meeting Date: April 13, 2026 Item No: 26-139 Responsible Dept: Planning Action Requested: Ordinance Title, Ordinance Map/Lot: R25-001-B Amending Chapter 165, Land Development Code, District Map to Re -Zone a Portion of Property Located at 355 Maine Avenue from Government & Institutional Service District to Shopping & Personal Service District Summary This ordinance would amend the Land Development Code, District Map to re -zone a portion of the property at Map -Lot R25-001-B, located at 355 Maine Avenue, from Government & Institutional Service District (G&ISD) to Shopping & Personal Service District (S&PS). The total area requested to be changed is approximately 2.48 acres. The applicant is Totem 2.0 LLC and the owner of record is University of Maine Systems. 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 %114 City Manager Introduced for: First Reading and Referral Meeting Date: April 21, 2026 For: City Solicitor Against: &_&_ Finance_.- 15 !;, Director 26-139 04/13/2026 CITY COUNCIL ORDINANCE Date: April 13, 2026 Assigned to Councilor: Leonard ORDINANCE, Amending Chapter 165, Land Development Code, District Map to Re -Zone a Portion of Property Located at 355 Maine Avenue from Government & Institutional Service District (G&ISD) to Shopping & Personal Service District (S&PS). WHEREAS, the land uses around the property consist primarily of a mix of institutional, industrial, and some residential and commercial; WHEREAS, the zoning around the property consists primarily of Government & Institutional Service District (G&ISD), Airport Development District (ADD), and Urban Industry District (UID), with some residential zones nearby, such as High -Density Residential (HDR) and URD-1 (Urban Residence District 1); 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 a portion of the property at Map -Lot R25-001-B, located at 355 Maine Avenue, from Government & Institutional Service District (G&ISD) to Shopping & Personal Service District (S&PS). The total area requested to be changed is approximately 2.48 acres and is shown in the attached exhibits. , CA Drawn: JE Checketl: RB Scale: 1' � 60' Dale: 03.16.2026 Pr01eC[ NO: 2026020 �� '�'� N�� e "�'��`1�'��`I�'��``� ��'�``�'� � ��"�'��"V'��'� ,� .. ,� _� � �� 1``��' �� ITY �� BANGt�I�,. r��,aN�alr�c �rvrsra�v Memorandum To: Honorable Bangor City Council Carollynn Lear, City Manager From: Anja Collette, AICP, Planning Officer Date: April 22, 2026 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg, AICP — Director of Community & Economic Development Re: Planning Board Recommendation April 21, 2026 Amending Chapter 165, Land Development Code, to Re-zone a Portion of Property Located at 355 Maine Avenue from Government & Institutional Service District (G&ISD) 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 April 21, 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 Ted Brush, Ken Huhn, Ross Whitford, and Greg Hobson. The applicants, Totem 2.0 LLC, reviewed their proposed use for the property as an auction house and how they felt the zone change aligned with the Comprehensive Plan. From the staff inemo: A. The applicants are requesting to change a portion of the property located at 355 Maine Avenue from Government & Institutional Service District (G&ISD) to Shopping & Personal Service District (S&PS). The portion requested to be changed is shown in the exhibits in your packets. B. 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". C. The Comprehensive Plan, and particularly the future land use plan, should be the guiding factor the Board should consider when deciding whether to make a recommendation on this zone change. The additional primary consideration should be whether this change would provide a benefit to the community. 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 4.22.2026 Zoning Amendment-355 Maine Avenue There were no comments from public. Members Brush and Jonas expressed concerns about spot zoning. Planning Officer Collette stated that the courts have determined spot zoning can be legal if a change aligns with the Comprehensive Plan and provides a benefit to the community. Member Jonas expressed concerns that the future land use plan designated this area as residential and questioned whether it precluded commercial uses. Collette stated that this land use area did have a provision for commercial and institutional uses that would be complementary to residential uses and stated that when staff recommended this zone to the applicants, one consideration was that the Board had approved changes to S&PS for lots on Broadway that were in the same future land use area in the Plan. Member Huhn moved to recommend to City Council that the proposed amendment ought to pass. Member Hobson seconded the motion. All members voted in favor. The result of the vote is that a majority of Planning Board members voted to recommend that the proposed amendment ought to pass. Anja Collette Page 2 � 2 IN CITY COUNCIL APRIL 13, 2026 COrd 26-139 Motion made and seconded for First Reading and Referral to Planning Board Meeting on Apri121, 2026 Vote: 9—0 Councilors Voting Yes: Beck, Carson, Deane, Faloon, Fish, Leonard, Mallar,Walker, Hawes Councilors Voting No: None Passed � �„��µw�:..�� n,� „ ��rv��:�„� �. CITY CLERK IN CITY COUNCIL APRIL 27, 2026 COrd 26-139 Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes: Beck, Carson, Deane, Faloon, Fish, Leonard, Mallar,Walker, Hawes Councilors Voting No: None Passed � �„��µw�:..�� n,� „ ��rv��:�„� �. CITY CLERK