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Home My WebLink About2016-11-14 17-010 ORDINANCECOUNCIL ACTION Item No. 17-010 Date: November 14, 2016 Item/Subject ORDINANCE, Amending Land Development Code — Zone Change — Odlin Road (Tax Map R10 parcels 002, 002A, and 003) from an Industry and Service District to Urban Industry District. Responsible Department: Planning Division Commentary: The applicant, Lane Construction Corporation, is requesting a zone change for several parcels of land located on Odlin Road (Tax Map R10, Parcels 002, 002A, and 003) from an Industry and Service (I&S) District to an Urban Industry District (UID). The combined area of the three parcels being rezoned is 7.9 acres. The UID zone will allow them to move and maintain the existing landscape berm around the Lane Quant'. In 2013, the City amended the Land Development Code to direct quarries to Urban Industry District. /s/ Tanya Emery Dept. Head Manager's Comments: For Referral to Planning Board Meeting of November 15, 2016 at 7:00 p.m. Associated Information: Budget Approval: Legal Approval: Introduced for Passage X� First Reading City Manager Finance Director Vow Page 1 of ,I 17-010 NOVEMBER 14, 2016 t As to Councilor Nealley 411 ED. CITY OF BANGOR D.FE sem¢ i (TITLE.) O r d i n a n C e ,r Amending Land Development Code — Zone Change — Odlin Road from Industry and Service District to Urban Service District. Be it ordained by the Clty of Bangor, as follows.- THAT ollows THAT the zoning boundary lines as established by the Zoning Map of the City of Bangor dated October 28, 1991, as amended, be hereby further amended as follows: By changing two parcels of land and a portion of another parcel of land located on Odlin Road (Tax Map R10, Parcel Numbers 002, 002A and 003) from Industry and Service District (I&S) to Urban Industry District (UID). Said parcels containing approximately 7.9 acres and being more particularly indicated on the map attached hereto and made a part hereof. IN CITY COUNCIL NOVEMBER 28, 2016 COr 17-010 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 9-0 COUNCILORS VOTING YES: FAIRCLOTH, GRAHAM, NEALLEY, NICHOLS, PERRY, SPRAGUE, TREMBLE, WESTON, BALDACCI COUNCILORS VOTING NO: NONE PASSED CITY CLERK 7/1/2012 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE: THE PLANNING BOARD OF BANGOR, MAINE: 1. I(WE) The Lane Conshuction Corporation 2. of 953 Odlin Road, Bangor, ME 945-0873 Address City or Post Office Telephone 10-21-2016 RECEIVED, OCT 1 X016 d, d pl' 1111ing hereby petition to amend the Land Development Code of the City of Bangor, Nla#r►e'btggec�assifying from I & S district to the UID district for the property outlined in red on the maps attached hereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) Various - see attached Total Area (acres or square feet) 7.9 Acres +/- 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street North of Odlin Road 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No._ Parcel Multiple - see attached 6. EXISTING USE: Quarry and associated structures, office, warehouse, scale house scales 7. PROPOSED USE: same 8. NAME AND ADDRESS OF OWNER OF RECORD: Name The Lane Construction Corporation 9. Address 953 Odlin Road, Bangor, ME NAME AND ADDRESS OF CONTRACT OWNER (if such): 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name_ (if applicable) Address 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM & DUPLICATE TO PLANNING DIVISION CITY HALL BANGOR ME. Application fee Processing Advertising_ Total Zone Change (1/2 acre or less) $575.00 $410.00* $ 985.00 Zone Change (in excess of 1/2 acre) $920.00 $410.00* $1,330.00 Contract Zone Change - 5 conditions or less $1,377.00 $509.00* $1,886.00 More than 5 conditions or 50 words $1,900.00 $509.00** $To be determined *Two Ads Required ** Advertising costs above this amount to be paid for by applicant. PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE THE David Gould Planning Officer City of Bangor Maine 73 Harlow Street Bangor, Maine 04401 ,jRECEIVED OCT 21 2016 [6& ED and Planning 953 Odin Road P.O. Box 103 Bangor, ME 04402-0103 207-945-0873 207-945-0874 Fax www.laneconstruct.com Date: October 21, 2016 Re: The Lane Construction Corporation Bangor Zoning Change Request Mr. Gould, The Lane Construction Corporation is formally requesting zoning boundaries be amended surrounding our existing quarry based on current uses. Please find our application and map attached, as well as the additional information below. Application for Land Development Code and Map Amendment Questions 3 & 5 Map#_ Lot # Lot Size (Ac.) I & S existing UID existing UID proposed R10 002 1.10 1.10 0 +1.10 RIO 002-A 94.1 3 91.1 +3 R10 003 3.8 3.8 0 +3.8 If you should have any questions or require any further information, please do not hesitate to call me at 207-945-0858, or by email epweldonOIaneconstruct.coin Thank You, Eugene P. Weldon Sr. Fnvironmental Manager cc: John Theriault, Jereiny Martin, RPL, EGR, BAR An Equal Opportunity Employer MIF ins to UID MEMORANDUM DATE: November 16, 2016 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Odlin Road — Industry and Service District (I&S) to Urban Industry District (UID) — Council Ordinance 17-010 Please be advised that the Planning Board at its meeting on November 15, 2016, held a Public Hearing on the above zone change request. Chairman John Kenney asked the applicant or their representative to make a brief presentation of the request. Mr. Eugene Weldon of Lane Construction indicated that Lane would like to straighten out some of the jogs in the zoning lines on their property. In recent discussions with the City Staff concerning the status of the quarry it was apparent the zoning boundary straddles some of the quarry and adjacent Lane properties. Mr. Weldon introduced other representatives with him, Rodney Lane and Kelly Cyr of Lane Construction, Attorney Ed Bearor, and Sarah Nicolson PE of Woodard & Curran. There were no other proponents or opponents to the rezoning request. Planning Officer Gould indicated that the request was to rezone 7.9 acres of land around the quarry. A few years back the City shifted its policy for quarries from the Rural Residential District to the Urban Industry District. The long nonconforming Lane quarry was once again an allowable use in UID. In discussions with Lane about eventual permitting by the City the zone boundaries and other ongoing activities at the quarry were discussed. Some portions of the Lane property are outside of the UID Zone. In looking at the map and Land Use Plans within the Comprehensive Plan it looks like some zone boundaries cut through existing Lane parcels and it is their intention to create a uniform zone boundary. Mr. Gould noted he had no concerns relative to such an adjustment. He did indicate that there is a significant difference between the two districts. Industry and Service District is intended to be a fully serviced industrial district and is the location for new industrial parks. The Urban Industry District is for older industrial sites which may or may not have utility services that allow a wide variety of uses and has less than rigorous development standards. Mr. Gould noted that while he has no concern with Lane's application he wanted the Board to be aware that the two districts are quite different and had some concern that the Urban Industry District, given its flexibility of uses and limited development standards might become a popular request moving down Odlin Road. 2 Member Mallar did have some concerns as to whether this would allow the quarry to expand beyond its current footprint. Mr. Weldon indicated that was not their plan and some setbacks may limit outward expansion anyway. Chairman Kenney indicated that in looking at the zoning and the quarry he felt comfortable that the request was consistent with elements that should be part of the Lane quarry facilities and in the same district. Member Boothby made a motion to recommend the City Council adopt C.O. # 17-010, amending the Zoning off Odlin Road from Industry and Service District to Urban Industry District for 7.9 acres of land, Lane Construction Corporation applicant. Member McCarthy seconded the motion and the Board voted unanimously in favor to recommend the City Council pass C.O. # 17-010.