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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.