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HomeMy WebLinkAbout2014-04-28 14-155 ORDINANCECOUNCIL ACTION Item No. 14-155 Date: April 28, 2014 Item/Subject Amending Land Development Code — Contract Zone Change — 2630 Outer Broadway from a Rural Residence and Agricultural District to a Contract Urban Industry District. (Map — Lot R11 -002-C) Responsible Department: Planning Division Commentary: The applicant, American Iron and Metal, LP (A.I.M.) is requesting a contract zone change for a portion of a parcel of land located at 2630 Outer Broadway containing approximately 5.07 acres from Rural Residence and Agricultural District to a Contract Urban Industry District. This contract rezoning request will allow A.I.M. to expand their metal storage and processing activities to adjacent areas. The contract conditions are intended to deal with hours of operation and a designated buffer at the periphery of the new area. /s/ Tanya L. Emery Dept. Head Manager's Comments: For Referral to Planning Board Meeting of May 6, 2014 at 7:00 p.m. i City Manager Associated Information: Budget Approval: Finance Director Legal Approval: City golicitor Introduced for Passage X First Reading Page 1 of 1 X Referral to Planning Board Meeting of May 6, 2014, 7:00 p.m. 14-155 APRIL 28, 2014 Assigned to Councilor Durgin 1VY � CITY OF BANGOR ,o oq TED. � 4TED,f (TITLE.) Ord 1 n a. n C e r Amending Land Development Code — Contract Zone Change — 2630 Outer Broadway from a Rural Residence and Agricultural District to a Contract Urban Industry District. Be It ordained by the Cily Cound/ of the Clay of Banger, as fo/%ws: 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 5.07 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 south boundary with the RR & A Zone as depicted on Exhibit SK1. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all the terms 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 April 28, 2014 First Reading and Referral to Planning Board Meeting of May , 14e . CITY CLERK IN CITY COUNCIL May 12, 2014 Motion made and seconded for Passage Vote: 1-8 Councilors Voting Yes: Baldacci Councilors Voting Nos Blanchette, Civiello, Durgin, Gallant, Graham, Nealley, Plourde, Sprague Nottigg Failed ITY CLL 14-155 APRIL 28, 2014 RRA to UID Contract 14-155 APRIL 28, 2014 7/1/2012 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE: 3/21/2014 THE PLANNING BOARD OF BANGOR, MAINE: 1. I(WE) AMERICAN IRON AND IVIETAL, LP 2. of 9100 HENRI BOURASSA EST, MOIQTREAL, QC 905-547-5533 Address City or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from. RR&A 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) 2630 OUTER BROADWAY Total Area (acres or square feet) 24.5 ACRES (APPROXIMATELY 5.07 ACRES TO BE RE -ZONED) 4. PROPERTY LOCATION (General location): 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.R11Parcel 2C 6. EXISTING USE: METAL pROCESSING PILES. ACCESS ROAD, STORMWATER DETENTION POND, STORAGE BUILDING 7. PROPOSED USE: UNCHANGED NAME AND ADDRESS OF OWNER OF RECORD: Name AIM RECYCLING USA LLC Address9100 HENRI BOURASSA E., MONTREAL -EST (QUEBEC) 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): SAME AS ABOVE 10. SIGNATURE OF OWNER OR CONTRACT OWNER ,¢ SENT) 11. REPRESENTATIVE OF APPLICANT: Name CES, INC. (CHIP HASKELL, P.E.) (if applicable) Address P.0 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'x* $To be determined *T,%N,o Ads Required X* Advertising costs above this amount to be paid for by applicant. PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE 14-155 APRIL4 .NDS' 4�1 l CC3NDlTNONS 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 south boundary with the RR&A zone as depicted on exhibit SK1. JN: 10778.002 14-155 MEMORANDUM DATE: May 7, 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 14-155. Please be advised that the Planning Board at its meeting on May 6, 2014, held a Public Hearing on the above zone change request. Chip Haskell of CES, represented American Iron and Metal (AIM). He noted it was the applicant's intent to match the zoning district's boundaries to the facilities existing footprint. Mr. Haskell noted that the new owner only recently became aware that some of the site and its improvements were beyond the Urban Industry District boundary. The most recent construction was a stormwater pond constructed to be in compliance with State of Maine Solid Waste Bureau regulations. Planning Officer Gould explained the history of zoning on the parcel. In 1991, Bangor Investment Company requested a contract rezoning of 7 acres of land for recycling of metal and other materials. Based on the 1979 Land Use Plan, historic industrial use of the property, and other adjacent land uses, the City approved the contract rezoning with some limitations to make it compatible with adjacent residential neighbors. Since the 1979 Land Use Plan the designation of industrial has not been depicted in the Comprehensive Plan for this location. It is not that the City's intent is to eliminate the district but the concern the impacts on expanding the district may have on rural residentail property owners. Mr. Gould noted that one portion of the site was not owned by the applicant in 1991 so it was not rezoned. That building is now surrounded by industrial zoning and it would make sense to include it. Mr. Gould noted that the Planning Office's attempts to bring the site into compliance via subsequent approvals have been unsuccessful. What the Board needs to decide is whether the proposed rezoning is a minor adjustment or an expansion beyond what was contemplated for this area. There were no other proponents or opponents to the rezoning request. 14-155 2 The Board asked if the Planning Office had heard from any of the abutters. Mr. Gould noted one of the abutters called and indicated his belief was that property owners ought to have the right to use their property as they see fit. The Board questioned why so much area was being requested, which appeared beyond the existing operations and abutting some other properties on Old Broadway. The Board asked if the Land Development Code would require buffers between this use and residential neighbors. Mr. Gould noted that wherever commercial or industrial uses abut residential uses certain buffers are required but are not the extent that is proposed in the contract conditions. Planning Officer Gould noted the Board was not required to make a recommendation this evening. The Land Development Code gives the Board 30 days from the close of the hearing. The Board noted they we thankful to have this discussion with the applicant and did not want to hold them up. The Board did express concerns as to the area proposed to be rezoned and the scope of the proposed buffer. The Board concluded it would not be productive to continue the discussion but to make a recommendation with the application before it. Based on its consistency with the Comprehensive Plan and the other adjacent properties, Member Williams made a motion to recommend the proposed contract zone change to the City Council. Mr. Boothby seconded the motion. The Board voted unanimously against the motion to recommend that the City Council adopt the rezoning proposed from a Rural Residence and Agricultural District to a Contract Urban Industry District as contained in C.O. # 14-155.