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Home My WebLink About2005-04-25 05-136 ORDINANCECOUNCIL ACTION Date nerd Pe onnc Item No. OS'I b Item/Subject: Amending Land Development Code a Rezoning 34 Perry Road from Industry and Service District to Urban Industry District. Responsible Department: Planning Division Commentary: For Referral to Planning Board Meeting of May 3,2005, 7:00 P.M. The applicant, Perry Road LLC, is requesting a zone change for a 4.57 acre parcel located at 34 Perry Road from Industry and Service District to Urban Industry District. Department Manager's Comments: The Planning Board voted two in favor, three opposed to a motion ending this ordinance. The Board then voted to amend it by reducing the area of the requested change from approximately 4.57 acres to approximately 3 a acres (the a of the existing development R see attached excerpt from Staff Memorandum to the Planning Board). The Board then voted three in favor, two opposed to the motion to recommend Council approval for the amended ordinance. THIS ITEM WILL REQUIRE AN AMENDMENT BY SUBSTITUTION. A REVISED ORDINANCE AND MAP IS ATTACHED. City manager Associated Information: application; original map; amended ordinance and revised map. Budget Approval: Finance Director City Solicitor Introduced For Passage First Reading Page 1 of 1 X Referral to Planning Board Meeting of May 3, 2005 C.O.R 05-136 \ (As Amended) CITY OF BANGOR gru.) Ordinance , Amending Land Development Code - zone Change To rezone 34 Perry Road from Industry and Service District to Urban Industry District. Be a ordai by the City f&an wMlm ... 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 follcma: By changing a parcel of land located at 34 Perry Road (Tax Map No. R- 28, Parcel 11) from Industry and Service District to Urban Industry District. Said parcel containing approximately 3 acres and being more particularly indicated on the map attached hereto and made a part hereof. 051136 Assigned to Councilor A11ev April 25. 2005 �1� *Mft'� CITY OF BANGOR QITLE.) Ordlnanre, Amending Land Development Code — Rezoning 34 Perry Road from Industry and Service District to Urban Industry District. THAT the zoning bourdary grads as established by the Zoning Map of the City of Bmgor dated O¢ober 28, 1991, as amended, be hereby further amended as Ntom: By changing a panel of land located at 34 Perry Road (Tac Map No. R-28, Parcel 11) from Industry and SeMce District to Urban Industry District, said parcel moaning approximately 4.5] acres and being more particularly Indicated on the map attached hereh and made a part hereof. 'IN CITY CaOPCIL April 25. 2006 FlrstlReadiag SafeA to Planning Doard�/ � CITY CLERK ID CITY COOSCSL Say %-2005 Notiadlede and seconded for Passage Nation Made and Seconded to Amend by Substitutian Passed Notion Made and Seconded for Passage of Annealed Otdinnnce Vote: 8-0 Cauncilors Pat ivg yes: Allen. Cantwell. D'Ntrico. Partingtou, Gratmick, Damen. Stone A Treadle C Iilors voting nonone Paggfd, AS Amended CITT # a5 -lift OgDINANCR (TITLE,) Amending Land Development Code - Hesoning % Perry goad it= Industry and Service District to U[ban Indent" DiStriet EI). ram. �oXN n 0 3 / Aq 6 617 s ■r GA As d . os -ass. TO, l#D s d a 2.44 AS 0 3t A` APR -13-2005 NED 11:52 AM �' 64/1]/2089 09: V9 01N^.36299 FAX N0. Lll IffIIF 02 07 OS -136 e AFPL;:.knFOE w '.:.YJ J- 33LOM6FT�__Wl TO: filioE ` :^P CI1T :`9AYAV :FE PutNN`CSL` .A) CZL JP PANu"L'R, eiINE- _N llx_:-.2cc3s-'�ms!_:Li. dF'Ji31�. 2. 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AP:1_caC_cr. % GxvT%avati An`+CYiaLF 90t3i S*GA Cha le :1.'Y N r _ 61 $95].ia 5305.00` $163.ce 'Cbutge _ ll of P/2 acre)• $115.00 '61"'0 $1.G31 -cc ti.aXve zwa eka s"OaS.Oo 9382. OB' 9L, oro P.ae PsRBired 1X4,2- N X. �' t rn a+4o (zs�942-0194 Excerpt from Staff Memorandum for May 3, 2005 Planning Board Meeting Item No. 5: Zone Change — 34 Perry Road, — Perry Road LLC: C.O.# OS -136 a. The applicant, Perry Road LLC , requests a Zone change and Land Development Code Map Amendment approval for a 4.57 -acre Parcel located at 34 Perry Road from Industry and Service District (I&S) to Urban Industry District (UID). It. The lard proposed for rezoning is in one of Bangor's oder industrial areas, know as Bangor Industrial Park. While the name might imply an organized system of streets, utilities, and stormwater management, there is little unifying the various industrial developments along Thatcher Street, Perry and Farm Roads. The existing 4.5 -acre she is two-thirds developed as an misting 14,000 square feet truck terminal and surrounding maneuvering area built in 1965. C. This area has been in the City's Comprehensive Plan as industrial since the 1960's Comprehensive Plan and likely in plans prior to that. The Zoning Policy Map indicates that Industry & Service District zoning as the appropriate industrial zone for this area, as is the entire area of the Bangor Industrial Park. The issue before the Board and the City is one of appropriate industrial Zone classification. it. In reviewing the zoning over this extensive area you will find four instances where the Industry and Service District were amended to accommodate some particular use, Bennett Tire, Aum ronics, Whited Ford, and Beal College. With the exception of Beal College which was rezoned USD, the others are zoned Urban Industry District or Contract Industry District. In reviewing the Staff memorandum of October 11, 1983, it becomes apparent that we are still wrestling with the same zoning policy issues some 20 years later. The Bangor Industrial Park is a mixture of older industrial sites developed prior to what we would consider accepted industrial development standards; buffers, impervious surface limits, height limits, minimum lots size, etc. In addition to the development nonconformlties numerous uses cross the boundary between an "industrial" use and retail and service businesses. The Urban Industry District's, statement of purpose, was developed to accommodate "...older ...industrial areas ...without the benefit of modern site development standards." In some instances applicants have utilized contact zoning provisions to maintain the development standards of the Industry and Service District while allowing the use Flexibility of We Urban Industry District. The present application before the Board Is to rezone a 4.5-acre parcel to Urban Industry District to allow just such a reuse to occur. In review of the site It appears that approximately three acres of the site is developed and one and one-half acres remain undeveloped. Planning Staff finds the proposed rezoning request consistent with the CWs land Use Policy for industrial use. The Planning Staff would recommend that the Planning Board recommend to the City Council a change to Urban Industry District, but only for the portion of the site which is developed (approximately 3 acres). This will allow the applicant to use the exlsting she development for a mixture of retail, service and wholesale uses. The remaining undeveloped portion of the property (approximately 1.5 acres) should remain as Industry and Service District zoning such that if and when it is developed'd will be subject to the applicable Industry & Service development standards.