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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