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Home My WebLink About2014-10-15 14-314 ORDINANCECOUNCIL ACTION Item No. 14-314 Date: October 15, 2014 Item/Subject: Amending Chapter 165, Land Development, of the Code of the City of Bangor — Section 165- 103.1— Technology and Service District (T & S) - Adding Drive -In Businesses Commentary: The proposed amendment to the Technology and Service District will add drive-in businesses as a conditional use provided they are located on Maine Avenue. This amendment will allow the development of drive -up service windows in the Maine Business Enterprise Park. Manager's Comments: For referral to Planning Board Meeting of October 21, 2014, 7:00 p.m. Associated Information: Budget Approval: Legal Approval: Introduced for /s/ Tanya L. Emery Department Head Lai I�n1 City Manager Finance Director Passage X First Reading Page 1 of 1 X Referral to Planning Board Meeting of October 21, 2014, 7:00 p.m. 14-314 OCTOBER 1S, 201.4 N s� Assigned to Councilor Nealley CITY OF BANGOR (TITLE.) Ordinance, Amending Chapter 165, Land Development, of the Code of the City of Bangor — Section 165-103.1 — Technology and Service District (T & S) -- Adding Drive -In Businesses NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT, Chapter 165 of the Code of the City of Bangor be amended as follows: § 165-103.1. Technology and Service District. D. Conditional Uses (3) Drive-in businesses, provided that: (a) They are limited to service businesses.. b Thgy are located on Maine Avenue. (I They do not offer retail sales via drive-in service. AND that Chapter 165, Schedule B be amended as follows: Schedule B Technology and Service District (T&S) Conditional uses Drive-in Business Minimum Lot Area 40,000 square feet Minimum Front yard 50 Minimum Side yard 30 feet Minimum rear yard 30 feet Density/Acre . NLA Density/Building N/A Maximum Height 50 feet Maximum Lot Coverage 35% Maximum Floor Area Ratio 0.6 Maximum Impervious Surface Ratio .65 Minimum Open Space NLA Minimum Lot Width 150 feet Minimum Buffer Yard Type B Additions are underlined deletions struek tlieagh. IN CITY COUNCIL OCTOBER 15, 2014 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF OCTOBER 21, 2014 CITY CLERK IN CITY COUNCIL OCTOBER 27, 2014 MOTION MADE AND SECONDED FOR PASSAGE V0TE:8-0 COUNCILORS VOTING YES: BALDACCI, CIVIELLO,DURGIN,GALLANT GRAHAM, NEALLEY, PLOURDE, SPRAGUE COUNCILORS VOTING NO: NONE PASSED CITY CLERK GC Gl GC&S IV c 14-314 OCTOBER 15, 2014 00v - e e S&PS NBAa,ne Feet 0 62.5125 250 375 500 1/n-250ft S&PS to GC&S 14-314 OCTOBER 15, 2014 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) Longview Plaza, LLC 2. of 25 Recreation Park Drive, Suite 204, Hingham, MA 02043 Address City or Post Office Telephone 09--26-14 hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from S&PS district to the GC&S district for the property outlined in red on the maps attached hereto, which are pact of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 164 Longview Drive, Bangor Me 04401 Total Area (acres or square feet) 9.9 Acres 4. PROPERTY LOCATION (General location): Example - South side of Southwest quandrant of intersection State Street 400 yards. East of Pine Street of Longview Drive and Stillwater Avenue 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No._ Parcel Map No. R69 Parcel 001-N 6. EXISTING USE: Vacant Retail. Building Site 8. PROPOSED USE: Retail NAME AND ADDRESS OF OWNER OF RECORD: Name Home Depot USA Inc. 2455 Paces Ferry Road Se Atlanta, GA 30330 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): Longview Plaza LLC 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name P. Andrew Hamilton, Esq. (if applicable) Eaton Peabody Address PO Box 1210, Bangor, Me 04402 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 1 OCTOBER 27, 2014 MEMORANDUM DATE: October 22, 2014 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending the Land Development Code Chapter 165-103.1 Adding Drive-in Business to the Technology and Service District - City of Bangor, applicant. C.O. # 14-314. Please be advised that the Planning Board at its meeting on October 21, 2014, held a Public Hearing on the above change to the Land Development Code. Vice Chairman Paul Bolin opened the Public Hearing. Planning Officer Gould provided the background of the zoning in the Maine Business Enterprise Park (MBEP) and how it has evolved over time. The City has an entity interested in this location with a drive-thru use element. While we have typically steered away from retail sales and drive-thru uses in the business park the City has decided to modify the Technology and Service District to facilitate the request for such a use on Maine Avenue. There were no other proponents or opponents to the text amendment. Mr. Kenney asked if the proposed development standards being added were different from the existing ones in the MBEP. Mr. Gould noted because it's a newly listed use, Schedule B needs to have a standard for each of the elements in the table. Most are the same as other uses in the park. Ms: McCarthy moved to recommend that the City Council adopt C.O. # 14-314. Member Boothby seconded the motion and the Board voted unanimously in favor of recommending that the City Council approve the proposed text amendment, adding drive-in business to the Technology and Service District.