HomeMy WebLinkAbout1999-03-10 99-119 ORDINANCECOUNCIL
Date March 1.0. 1999 Item No. 99-119
Item/Subject: Amending Land Development Code - 119B Pine Street
Responsible Department: Planning Division
Commentary:
For Referral to Planning Board at its meeting of March 16, 1999
at 7:00 p.m.
Applicants are requesting a contract zone
change for a 4,920
square foot parcel located at 119B Pine Street from Urban
Residence 2 District to Contract Multi -Family 6 Service District.
Departmen Head•
Manager's Comments: 7l4
&MuQ' 2�1G
city
Manager
Associated ;nformation:&Al,4.,v4 /
^,'BudgetApproval:
Finance Director
Legal Approval: Uf �fMGf/ V0�5
QfC Rs1 JIIFP iflfl ,/Nf A �✓A
"Ibis fs a fe/I ra// )f AW Xity Solie ter
Introduced For
Passage
First Reading Page I of I
X Referral to Planning Board
Aeigmd to Councilor Aube March 10, 1999
CITY OF BANGOR
(TITLE.) (Dr, 1S8MPt .-.,pmenaix9-car*+-£)ec�elepnant-.c®de-�--'--- ---
Bo it rdainad A9 W City Cftwi! 9f W CRY dBaM99r, m fa tow
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 parcel of land located at 1198 Pine Street (Tax Map
No. 98, Lot 195) from Urban Residence 2 District to Contract
Multi -Family and Service District. Said parcel containing
approximately 9,920 square feet 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 ofzoneis 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 use
e is restricted to parking or housing of vehicles
only; no primary use structures will be permitted.
2. Execution by those parties with an interest in the
affected property of an agreement providing for the
P P Y ceme P 9
implementation can enforcement of all the terms and conditions
set forth above untl the Registry
of of said executed agreement is
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 andincorporated herein by reference. In the event that
said agreement is not so executed within ninety (90) from
vthe oid. a of passage hereof, this Ordinance shall becomemen null and
vola.
IB CISP CODNCII
March 10, 199
First Sending
Referred to Plying Based
CIYI
IM CISr COOSCIL
North 22, 1999
Notion for Passage Made and
Seconded
Passed
Vete: Iyee, 2 absent
councilors voting yes: Aube,
Saldeeei, Blanchette, Parnham.
Palmer. Tyler S Vardsmis
councilors absent:
Crawley 6 Bolman
fi f
I UFR]t
99-119
ORDINANCE
( TITLE, )Anendlw Lend Development Cade -
119B Pine Street
fh?2 tii1N POg AND nav 7/1/97
BEI,
TO: THE CITY COUNCIL AND DATE_/'2?-GS
'INE PLANNING BOARD OF BANGOR, MAINE; NO.
1. x(WE) Jean F-I tie_i5/vn1 i (e /e r.� -k2
2. of YS �-eno bscofi S7r. F3 n r or` MP (aor D_
Address City OPosC Office Telephone
hereby petition to amend the Land Development code of the City of
Bangor, Maine by reclassifying from u.e.. B /.
district to the q1:./b/a / ti die[rice for the
Property outlined in red on the maps attached hereto, which are
Part of this application, and deescri''bbled aef follows:
3. ADDRESS OF PROPERTY (if any) 11213 (l < 67Lr X 3 N6 l2 14tz
Total Area (acres or square feet) y.920 SZ�
4. PROPERTY LOCATION (General location)- Example - South side Of
State Street 400 yards. Bast Of Pine Street¢
aA6 5E eorns.v o F �rnchsoft Rnz 5{rOc+5 —1 S. LEGAL NG USE:
OF PROPERTY - Assessors Map NO$� Parcel (93
S. HEISTING USE: DESCRIPTION
a H ( -(.
0. PROPOSED USE: I241-(i66 101 rpfa ,
0. NAME AND ADDRESS OR OWNER OF RECORD;
Name -Jt ¢✓ /t 1]° ly - �/ (
Address 40 n..bs�u/1�
9. N60 AME AND ADDRESS OF CONl�..VAg�ACT OWNER (if nUh):/igjkRA /}y' T
065 Wt' StryeT daN� erME
uyy / �'-�'��
30. SIGNATURE OF OWNER OR CONTRAC� OWNER:
11. REPRESENTATIVE OF APPLICANT: Name L rdlWi: //n / �i1rti
(if applicable)
Address Si f I'z
RE
12, ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. YYu(
�c p�_ nppLil`a
App time
PrOce°'1 d i TSLaI
Zone Change (1/2 acre or less) $335.00
Zone Change (in excess Of 1/2 were) $503.75 $234.00' $549.00
$234.00'
Contract zone Change $755.25 73p_gg
C $1,,041 2
$292.00' $-�--�-
v
'Two Ads Required
PLEASE READ PROCESSINGPROCEDURE ON REVERSE SIDE
L5L`�DyE OPMENT
Proposed Contract Zone Charge Condition for property at 1996 Pira Street. Glen Porter awl
Jean Deighm applicants.
1. The use is restricted to parking or Musing of vehicles only; no primary use snucnres will
be pemdtted.
W
T
99-119
MEMORANDUM
DATE: March 9, 1999
TO: The Planning Board
FROM: The Planning Staff
SUBJECT: Agenda Review - March 16, 1999 Meeting
CONSENT AGENDA
Item No 1: Site Development Plan - 395 Griffin Road - Kathy's
Catering
a. Applicant requests Site Development Plan approval to
construct a 2,800 sq, ft, addition to the existing Kathy's
Catering facility located at 395 Griffin Road in a General
Commercial and Service District.
b. Applicant proposes to use the addition to expand the kitchen
and storage areas of the facility. The addition is to be
located on the rear of the facility and the rear
oarkino and
loading area would be expanded to accommodate the addition.
The plan meets Ordinance and submittal requirements. Staff
recommends Site Development Plan approval.
POBTIC HARING
Item No 2: Contract Zone Change - 119V Pine Street - Jean
Deiqhan and Glen Forter - C.O. k 99-119
a.nalDescription. Applicants request a change from URD -2
toMulti-Family and Service District for a parcel contain...
=.g
approximately 9,900 square feet of area located at the
corner of Pine Street and Penobscot Street. The parcel in
question has been vacant for a number of years and there are
a number of residential properties in the surroundina area
including some single-family and a number of multi -family
uses. Applicants request the change to Multi -Family and
Service District because they wish to use the parcel for
off-street parking for their property located diagonally
across the street in a Multi -Family and Service District
zone. The Land Development Code does not allow accessory
use parking in more restrictive zoning districts for use= -
located in less restrictive districts.)
b. nand Use Policy. The area in _ estion is proposed for high
density residential use on the City's Land Use Concept Map.
The issue isnot o of land use but one of zoning policy as
the area on the west side of Pine Street is proposed for
Multi -Family and Service District and the zoning of the area
RE
on the east side of Pine Street is proposed for URD -2
zoning. That is that either zoning district would meet land
use policy. The Multi -Family 6Service Zoning District is,
technically speaking, inconsistent with the zoning policy
for that side of Pine Street.
C. Urban Sermicea.
The parcel lies within the Primary Service
Area boundary and has a full range of urban services
available to it.
d. Decision criteria. The basic criteria for rezoning is the
City's Comprehensive Plan and more particularly, its land
use policies. As noted above, the zoning would be
consistent with the Land Use Policy as it's presently zoned
py if it were changed. Since the parcel is on the boundary
line between two zoning districts, there is always a moot
point as to what is appropriate zoning. Since this is a
contract zone change which limits the use to accessory use
parking (which necessitates the zone change because it i
accessory to uses in the Multi -Family and Service District
as noted above) it would appear that the impact of such
se
would be minimal. The uses in the Multi -Family c Service
District which distinguish it from the URD -2 residential
uses would all be eliminated as the contract condition
allows for accessory use parking only.
e. Recommendation. The proposed Contract Multi -Family S
Service District zoning appears to be consistent.with the
residential use
e and the zoning proposed for the area a
is limited to accessory parking only. For this reasons
Staff would recommend that the Planning Board recommend the
contract zone change to the City Council.
Item No. -. Zone Change - 645 Union Street - Thomas Emero -
C.O. # 99-120
a.gtna Applicant requests a zone change from
URD -1 to URD -2 for an approximately 20,000 square foot
parcel located on the corner of Union Street and Sixteenth.
Street. This parcel is a vacant lot which recently had a
residence removed from it (the City has reserved an easement
along the Union Street frontage of the parcel in the event
that there is
need for additional right-of-way for Union
Street in this area).
b. Land Use Pnlicv. The area in question is proposed for low-
density residential use and the zoning policy is for URD -I
as it is presently zoned. The Land Use Policy for the area
APFL�gTlQli POR LAN I/1/97
x
TO: THE CITY COUNCIL AND DATE
ME PLANNING BOARD OF BANGOR, MAINE: NQ
1. I(Wa) J¢au AA iiti )v,ni i Vie /moo �eR
2. Of 4S tt' nMbscot Srr. e
City of Po t Office Telephone
hereby petition to amend the Land Development Code of the City of
Bangor, Maine by reclassifying from /ls... d_-.Nv
district to the /N / B Y 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) (3 p�It &Irfl-c /3RMG R I4yCC
Total Area (a CIEs or 9¢Idre feet) x • D 1
4. PROPERTY LOCATION (General location). Example - South Bide of
State Street 400 yards. East Of Pine Street=*
L%Ah S& Cornzr o F pncb"44 Pwz s+r�rs —�
5. LEGAL DESCRIPTION OF PROPERTY - Asassents Map No. Parcel /93
6. EXISTING USE: ±nrNao h -164T
7. PROPOSED USE: 6!arb't i0t P( r.ea_
8. NAME AND ADDRESS OF OWNER OF RECORD: Name I'
Address 41) tii'O&bs /'A 5f,
9. NAME= ADORBBB of CON Cr OWNER (if such) :r/`( N lYy � C
SD YTuRR 3F O SYryet e ort OW c: 0)
10, SIGNATURE OF OWNER OR CONTRACn OWNER;
11. REPRESENTATIVE OF APPLICANT: Name
(1£ applicable)
Address 49 Px.iSi' f li rµ�
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRAGP ZONE "QUEST, uYYO�
xETTiRN PI.cAT
Application fee Procssing
A v'.�eSi�wi 1LLd1
Zone Change (1/2 acre or less) 5315.00 $234.00*
Done Change (in excess of 1/2 acre) $503.75 5549.00
Contract zone Change $755.25 $234 00• yS-63Z ]5'
$29z.oP� L,647.25
*Two Ads Required
PLEASE READPROCESSING PROCEDURE ON REVERSE SIDE
L
LAND DSV&OWM