HomeMy WebLinkAbout1997-02-10 97-110 ORDINANCEDate February 29, 1997 Item No. 97-110
Item/Subject: Amending Land Development Code - Outer Broadway -
C.O. # 97-110
Responsible Department: Planning Division
Commentary:
The Planning Board held a public hearing On the above noted zone
change request at its regularly scheduled meeting of February 18,
1997
James Tower, representing the applicant spoke in favor of the
proposed zone change.
Robert Colangelo, a resident of the Judson Heights Subdivision,
devsed a question about sewer capacity in regard to future
elopment of this area.
The Board voted 5 to 0 in favor of a motion to recommend to the
City Council that the zone change request contained in C.O. # 97-
110 be approved. _
Departgp Head
Manager's Comments:
City Manager
Associated Information:Q.zfyryrvt�pu,P,
Finance Director
Legal Approval: ffyo lepite
%nal PASSGje- City solicitor
Introduced For
X Passage
First Reading page I Of
Referral to Planning Board
97-110
Aeeiymed to Councilor Ty Lar February 10,1997
CITY OF BANGOR
(TITLE.) @rbhUU R1 Amending Land DeVelOPMent Code
Be u or"sof Ey W Oft Cooed of ab NBe ,MM$ewe:
TRAT the zoning boundary lines as established by the zoning Map
of the Cityof Bangor dated October 28, 1991, as amended, be
hereby further amended as follows:
By changing a part of a parcel of land located on Outer Broadway
(Tax Nap No. R-32, Part of Parcel No. 5) from Rural Residence and
Agricultural District and Low Density Residential District to
Government and Institutional Service District. Said part of a
parcel containing approximately 18 acres and being more
particularly indicated on the map attached hereto and made a part
hereof.
IN CITY COUNCIL
February 10, 1997
First Reading
Referred to Flaming
Board
£_
try Clerk
CITY COUNCIL
February 24, 1997
Passed Vote: 8 yes
Councilors voting yes: Aube,
Baldacci, Blanchette, Leen, 9Panpy
9]-110
ORDINANCE
( TffU,) Amending Land Development Code -
97-110
Irak- _.pC 13:06 fLF CCVNi 3 F=Cry CE^£LOF 3U
APPLICATION FOR LANn EVE• TCODE AND B&F 7/1/96
'DMJ?NT
TO: THE CITY COUNCIL AND DATE 01-21-97
THE PLANNING BOARD OF BANGOR, MAINE: N0.
1 I(WE) Abundant Life Church
2. of 263 Texas Avenue Bangor 945-5577
Address City or Post 0£fice Telephone
hereby Petition t0 amend the Land Deve),oseant Code of the City of
Bangor, Maine by reclassifying from A t LDk
district to the 4_z Galm district fox tole
Property outlined in zed on the maps attached hereto, which are
part Of this application, and described as follows
3. ADDRESS OF PROPERTY (if any) Broadway
Total Area (acres or square feet) e + Acres
4. PROPERTY LOCATION (General 1OCat£mn): Example - South aide of
State Street 400 yards. East 0£ Pine Street South side Of Broadway
adjacent to and easterly of Bangor Baptist Church Paaro
S. LEGAL DESCRIPTION OF PROPERTY - Asuessots Nap No. R 32Patcel 5 '6
6. EXISTING USE: open field
7. PROPOSED USE: church and associated appurtenances
S. NAME AND ADDRESS OF OWNER OF RECORD: Name Grant Trailer Sales. Inc.
Address 614 Broadway, Bangor
9. BALE AND ADDRESS OF CONTRACT OWNER (if such): N/A
10. SIGNATURE OF OWNER OR CONTRACT OWNER: Abundant Life Church
11. REPRESENTATIVE OF APPLICANT: Home f Z� ��:/
(if applicable) eerna`� Doak
Address 263 Texas Avenue, Bangor
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN PO n IN IBA
Aeelimf'on f Processina
Advertieln Total
Sone Change (1/2 acre or less) $305.75 g212.DO*$517.75
Zone Change (in excess of 1/2 acre) $489.00 $212.00* $701.00
Contract Zone Change $733.25 $265.00+ $998.25
*Two Ads Required
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE
w-uc
MEMORANDUM
DATE: February 12, 1997
TO: The Planning Board
FROM: The Planning Staff
SUBJECT: Agenda Review- February 18,1997 Meeting
PUBLIC HEARINGS
Item Nol: Zone Change - Outer Broadway -Abundant Life Church -C.O.#97-
110
a. General Description. Applicant requests a change from Rural Residence and
Agricultural and Low -Density Residential to Government and Institutional Service
District zoning for a parcel on Outer Broadway containing approximately 18
acres. The parcel has approximately 800 feet of frontage on Broadway and is in
excess of 900 feet dew bringing the rear property line to within 150 to 500 feet
from Kenduskeag Avenue. The property is located on the wast side of Broadway
a few hundred teat in -town from me Baptist Church and Chnslian school
complex (which has frontage on both Broadway and Kenduskeag Avenue). The
proposetl use of me property is for a church and the applicant, Abundant Life
Church, has a purchase and sale agreement with the owner for this parcel.
B. Land Use and Zoning Polity. The City's land use policy for the Broadway
corridor in this area is for high intensity use with me land use concepts map
indicating "commercial" from a point 1000 feet south of Budegh Road up to and
a short distance beyond this frontage. From a development impact point of view
the Government and Institutional Service zoning on this parcel would have no
more impact than commercial use of the parcel. The zoning policy proposed for
this area was Shopping. and Personal Service to a point somewhere in the
vicinity of the southern (in -town) property line of the parcel. (The existing LDR
and HDR zoning on this section of Broadway is a carry over from zoning
established many years ago.) The parcel in question has mostly Rural
Residence and Agricultural zoning as does much of the block between Broadway
and Kenduskeag Avenue (including the whole Baptist Churchischool complex)
but there is Low Density Residential zoning on a piece of the Broadway homage.
C. Urban Services. The parcel in question is located within the primary service area
as designated in the City's Comprehensive Plan and is therefore eligible for
urban zoning.
D. Existing Conditions. Much of tha wast side of Broadway in this area is vacant at
the present time including this parcel. Beyond this location on the west side of
Broadway lies the extensive Baptist Church site with a school, radio station, and
9]-110
athletic fields. Across Broadway from this location there are two office buildings
located in a Contract Shopping and Personal Service zoning district. Further out
Broadway from those two structures the Broadway frontage is undeveloped
across from this site. The Kenduskeag Avenue residential development to the
rear of this site is all presently zoned Rural Residence and Agriculture (while
Mere are a few sides zoned LDR farther in -town on Kenduskeag Avenue). Given
that Broadway is a major access highway from areas north of Bangor into the
City and given that this section of Broadway is on the edge of Me primary service
area and urban development in general (being diagonally across the street from
the whole Judson Heights residential complex, for example) there is
considerable pressure for development along such an arterial street. Starting at
the intersection of Kenduskeag Avenue and Broadway this block of land is
largely presently zoned and/or used for Government and Institutional Service
uses. The Myerowitz Chiropractic clinic at the junction of Kenduakeig Avenue
and Broadway is zoned G 8 ISD and so used. The church complex alluded to
above takes up a considerable acreage adjacent to the Myerowitz Chiropractic
clinic site and church ownership extends to the boundary line of this property
site. The existing church/school site is not zoned Government and Institutional
Service since under prior zoning (1974 Ordinance) churches were conditional
uses in the Agricultural zone and the church did not need G 81SO zoning when it
was established years ago.
The potential for a large govemment and institutional services site to generate a
certain amount of development and resulting traffic makes the Broadway arterial
an appropriate location for such a complex and along with the abutting complex
of a similar nature, this establishes a meaningful association of relatetl uses at
this entrance to the City's urban area. Furthermore, the basic overriding concept
of use in this whole area of Me City is to preserve (through resource protection or
low-density residential zoning) Mose areas along the stream for low density use
and to increase the intensity of use as Me distance from the stream increases to
major use corridors such as Broadway and Union Street. The two church
complexes in this section of Broadway provide an excellent transition from the
low-density residential use along Kenduskeag Avenue to the higher intensity use
on Me Broadway corridor further in -town. Staff will be prepared to review the
overall land use concepts as they relate to this area at the meeting on the 18th.
Decision Criteria. The State Statutes require Mat the City's zoning be consistent
with an adopted Comprehensive Plan. The Comprehensive Plan appears to
support the zoning request before you in that while there is not a specifc
Governmental and Institutional service proposal in this area there is a proposal
for high intensity use (arguably more intensive use, if it were to be commercial,
for example) and the provision of a full range of urban services in that the site
lies within the Primary Service Area. Because the site is located immediately
adjacent to a large Government and Institutional Service complex which would
complement this development and because of the need for an arterial street
location for such complexes, existing conditions support the request as well.
9J-110
Therefore, Staff would recommend that Me Board recommend the zom change
request to the City Council.