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
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CITY OF BANGOR
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(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.