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Home My WebLink About2014-05-28 14-193 ORDINANCECOUNCIL ACTION Item No. 14-193 Date: May 28, 2014 Item/Subject ORDINANCE, Amending Land Development Code — Contract Zone Change — 2630 Outer Broadway (Tax Map R11, 02C) from a Rural Residence and Agricultural District to a Contract Urban Industry District. Responsible Department: Planning Division Commentary: The applicant, American Iron and Metal, LP is requesting a contract zone change for a portion of a parcel of land located at 2630 Outer Broadway (Tax Map R11, 02C) containing approximately 5.3 acres from Rural Residence and Agricultural District to a Contract Urban Industry District. The contract conditions are intended to deal with an expanded metals storage and processing area and vegetated buffer and hours of operation limits to mitigate the impacts on adjacent rural properties. /s/ Tanya L. Emery Dept. Head Manager's Comments: For Referral to Planning Board Meeting of June 3, 2014 at 7:00 p.m. City ManagerJ Associated Information: Budget Approval: Finance Director Legal Approval: City Solicitor Introduced for Passage X First Reading Page 1 of 1 X Referral to Planning Board Meeting of June 3, 2014, 7:00 p.m. 14-193 MAY 28, 2014 Assigned to Councilor Durgin h�� D/'NCO S•' tee, CITY OF BANGOR (TITLE.) Ord 1 n a n C e r Amending Land Development Code — Contract Zone Change — 2630 Outer Broadway (Tax Map R11, 02C) from a Rural Residence and Agricultural District to a Contract Urban Industry District. Be It ordained by the City Cwndl of the City of Bangor, as follow.- 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 a portion of a parcel of land located at 2630 Outer Broadway (Tax Map No. R-11, Part of Parcel No. 2-C) from a Rural Residence and Agricultural District to a Contract Urban Industry District. Said portion of a parcel of land containing approximately 5.3 acres and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, in addition to the mandatory conditions imposed by Chapter 165-7 of the Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. The limitation of outside processing to the hours of 6:00 a.m, to 8:00 p.m. B. The maintenance of a 50 foot vegetated buffer from the boundary with the RR & A Zone as depicted on Exhibit SKI, existing impedance from the wet pond fill slope notwithstanding. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all the terns and conditions set forth above and the recording of said executed agreement in the Penobscot County Registry of Deeds by the property owner, a copy of said agreement being on file in the office of the City Clerk and incorporated herein by reference. In the event that said agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. IN CITY COUNCIL MAY 28,'2014 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF JUNE 3, 2014 CITY CJnRK. IN CITY COUNCIL JUNE 9, 2014 MOTION MADE AND SECONDED FPR PASSAGE VOTE:7-0 COUNCILORS VOTING YES: BALDACCI, BLANCHETTE, GALLANT, GRAHAM, NEALLEY, PLOURDE, SPRAGUE COUNCILORS VOTING NO: NONE PAS!$ED CITY CLERK 14-193 MAY 28. 2014 RR&A to UID Contract 14-193 MAY 28, 2014 7/1/2012 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND THE PLANNING BOARD OF BANGOR, MAINE: 1. I(WE) AMERICAN IRON AND METAL, LP 2. of 9100 HENRI BOURASSA EST, MONTREAL, QC 905-547-5533 Address City or Post Office Telephone DATE: 5/14/2014 hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying fi-om RR&A district to the Uro 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) 2630 OUTER BROADWAY Total Area (acres or square feet) 24.5 ACRES (APPROXIMATELY 5.3 ACRES TO BE RE -ZONED) 4. PROPERTY LOCATION (General location . State Stfeet 400 yards. East of Pine Sti HEADING NORTH ON BROADWAY, TURN LEFT ONTO OLD BROADWAY 1/4 MILE PAST HUDSON ROAD IMMEDIATELY AFTER GAS STATION. SITE IS ON LEFT. 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No.RI1parcel 2C 6. EXISTING USE: METAL PROCESSING PILES. ACCESS ROAD, STORMWATER DETENTION POND, STORAGE BUILDING 7. PROPOSED USE: UNCHANGED 8. NAME AND ADDRESS OF OWNER OF RECORD: Name AIM RECYCLING USA LLC Q Address91o0 HENRI BOURASSA E., MONTREAL -EST (QUEBEC) NAME AND ADDRESS OF CONTRACT OWNER (if such): SAME AS ABOVE 10. SIGNATURE OF OWNER OR CONTRACT OWNER: I REPRESENTATIVE OF APPLICANT: Name CES, INC. (CHIP HASKELL, P.E.) (if applicable) Address P.O BOX 639, BREWER, ME 04412 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 14-193 MAY 28 E t f�f COND ONS The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: 1) The limitation of outside processing to the hours of 6:00 am to 8:00 pm. 2) The maintenance of a 50 foot vegetated buffer from the boundary with the RR&A zone as depicted on exhibit SKI, existing impedance from the wetpond fill slope notwithstanding. JN: 10778.002 14-193 May 28, 2014 MEMORANDUM DATE: June 4, 2014 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 2630 Broadway from Rural Residence and Agricultural District (RR&A) to Contract Urban Industry District (UID) - Council Ordinance 14-193. Please be advised that the Planning Board at its meeting on June 3, 2014, held a Public Hearing on the above zone change request. Chip Haskell of CES, represented American Iron and Metal (AIM). He noted that the applicant was before the Board previously with a similar contract zone change request. In response to concerns of the Board, the applicant reapplied with a new Contract Zone Change request and is proposing a reduced area to be rezoned (which utilizes an existing brook as a boundary line) and has submitted a modified set of contract conditions. The modification of the contract zone change condition would allow a small fill extension of the wet pond. Mr. Mallar asked why the applicant was only proposing a 50 foot buffer along the east side of the property and no buffer on the westerly side. Mr. Haskell indicated that there are railroad tracks on the westerly side. Mr. Mallar also asked about whether or not the applicant had received approval to construct the wet pond. Mr. Haskell indicated that they had received Minor Site Plan Revision approval. Mr. Bolin noted that at the last meeting, the Planning Board had concerns about the proposed contract zone change request and indicated that they felt that the area requested to be changed was too great. The Board also had concerns about the scope of the proposed buffer and that this use not be expanded on the lot. He said that the applicant had made a good faith effort to address the Board's concerns. Mr. Kenney said that he didn't feel any need to require an additional buffer along the railroad track. Planning Officer Gould indicated that the differences from the previous application included the language addition in the second condition to add (existing impedance from the wet pond fill slope notwithstanding', and the reduction in the area proposed to be rezoned. The current application uses an existing brook to define the proposed zoning boundary. Mr. Gould indicated that it was up to the Board to determine if this application was what the Board had envisioned. 14-193 May 28, 2014 2 There were no other proponents or opponents to the rezoning request. Based on its consistency with the Comprehensive Plan and the other adjacent properties, Mr. Kenney made a motion to recommend approval of the proposed Contract Zone Change as contained in C.O. # 14-193. Mr. Boothby seconded the motion, which passed by a vote of four in favor and one opposed.