HomeMy WebLinkAbout1996-04-22 96-196 ORDINANCECOUNCIL ACTION
Date —May 13. 1996 Item No.
Item/Subject: Amending Land Development Code - 55 Kittredge Road
C.O. # 96-196 (As Amended)
Responsible Department: Planning Division
Please be advised that the Planning Board held a public hearing on
the above noted contract sone change request at its regularly
scheduled meeting on May ], 1996.
Edmond Bearar, Esq., represented the applicant and spoke in favor
of the proposed contract zone change request. Reverend Buddy
Frankland, pastor of Messiah Baptist Church, and Sohn Largay, S. F.
Singleton Co., representing the property owners, also represented
the applicant.
Tom Davis, an abutting property owner on Kittredge Road and
representing Davis Fare, spoke in favor of the proposed change.
Mr. Parsons, Mrs. T'hfbodeau, and Mr. Rodriguez, all Kittredge Road
property owners, spoke in opposition.
The Board voted 0 in favor and 5 against a motion to recommend
approval of this zone change request. The Board then voted 5 i
favor and 0 opposed to recommend to the City Council that this
contract zone change request contained in C.O. # 96-196 be
disapproved.
(NOTE: The proposed subetitution of C.O.#96-196(As Amended) is to
reflect that only part of Parcel 11, Tax Map R-60, was requested to
be rezoned.)
Departanepe Bead
Manager's Comments: S (adnJ wa
y/lh/ /'
Aota7rb BY S(kaSn w"o). City Manager
Associated Inform =,sow" aj"q, Ywe( ,
Budget Approval:
Finance Director
Legal Approval: WT 0;4 Y%An4h> Ud S` nj4
ac{%OA, sir Ah,(m4hF vY/ Rra 07OW4 city Solicitor
'Ar � asesa lj li l.!•/N
21 OQUc d ror
7 Passage
First Reading Page I of 1
96-196
(AS AMENDED)
Ami end to Caaaoeor
a -p CITY OF BANGOR
nd
(TITLE) VryC�luiBlffPt Ameing Land nevelopm nt Code
55 Kittredge Road
Bo it ordaixd 6P W Cite OWaaR oftM City ofBaapw, ae @Roma:
THAT the zoning boundary lines as established by the Zoning Map of
the City of Bangor dated October 28, 1991, as amended, be hereby
Iurther amended as follows:
By changing a part of a parcel of land located at 55 Kittredge Read
(Tax Map No. R-60, Part of Parcel 11) from Rural Residence and
Agriculture District to Government and Institutional Service
(Contract) District. Said parcel containing approximately 5.5
acres and being more particularly indicated on the map attached
hereto and made a part hereof.
PROVIDED, HMVER THAT, in addition to the mandatory conditions
imposed by Chapter VIZI, Article 2, Section 6.6 of the Ordinances
of the City of Bangor, said change of zone is granted subject to
the fallowing condition:
1. The use sad/or operation of the subject premises shall be
subject to the following limitations and/or restrictions:
A. The parcel is to be developed only for a place of
ship and educational facility, and it shall meet
the development standards applicable to Rural
Residence and Agricultural District, Table V-3,
Article 16 of the City of Bangor Land. Development
Code.
2. Execution by those parties with an interest in the
affected property of an agreement providing for the implementation
and enforcement of all the tern and conditions set forth above and
the recording of said executed agreement in 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 and incorporated
herein by reference. In the event that said agreement is not s
executed within ninety (90) days from the date of passage hereof,
this Ordinance shall become null and void.
96-196
Assigned to Co for popper April 22, 1996
CITY OF BANGOR
MIL) VHnYn=M Amending Land cevelopment code
55 Kittredge Road
Beta ardairwd by tie City Games of City ofBasm, s. rayewm
THAT the zoning boundary linea as established by the Zoning Rap 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 55 Kittredge Road (Tax Map
No. R-60, Parcel 11) from Rural Residence and Agriculture District
to Government and Institutional Service (Contract) District. Said
parcel containing approximately 5.5 acres 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 VIII, Article 2, Section 6.6 of the Ordinances
of the City of Bangor, said change of sone is 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 restriction:
A. The parcel is to be developed only for a place of
worship and educational facility, and it shall meet
the development standards applicable to Rural
Residence and Agricultural District, Table V-3,.
Article 16 of the City of Bangor Land Development
Code.
2. Execution by those parties with an interest in the
affected property of an agreement providing for the implementation
and enforcement of all the Lerma and conditions set forth above and
the recording of said executed agreement in 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 and incorporated
herein by reference. In the event that said agreement is not e
executed within ninety (90) days from the date of passage hereof,
this Ordinance shall become null and void.
IN CITY COUNCIL
April 22, 1996
First Reading
Referred to anniug Board
TY CL
CITY CODICIL
May 13, 1996
Notion to Amend by
Substitution
Motion Passed
Attorney Ed Bearer,
Representing the Neeefah
Baptist Church, John Largay,
Real Estate Broker, Buddy
Frankland, Pastor of Messiah
Baptist Church 6 Tom Davis,
Bangor resident spoke in favor
of this Ordinance change.
Aquila Rodriguez, Bangor resident
6 Janice Thibodcau, Kittredge Brad
were not in favor of this change
Motion for Passage As Amended by
Substitution
Motion Failed Passage
vote: 9 n
Councilorsvoting n
Baldaccl,Blanchette, Frankel,
Leen, Popper, Saucy, Sullivan.
S Woodcock
Ordinance P ed Passage
CITY CLERK
96-196
ORDINANCE
( TITLE.)
Amending Land
Development
Code -
55 Kittredge
Road.
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96-196
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96-196
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96-196
7/1/95
MPLICATION FOR LAND DMLOPMENT CODE AND BAD ASENDRENT
TO: THE CITY COUNCIL AND U TE :W'+1 16, 1996
THE PLANNING BOARD OF BANGOR, MAINE: NO.
1 1(WE) Messiah Baptist Church
2. of 183 French Street, Bangor, Maine 947-7950
Address City or Post Office Telephone
hereby petition to amend the Land Development Code of the City of
Bangor, Maine by reclassif Lng from R R 6 A
district to the G G IS�i 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) 55 Kittredge Road
Total Area (acres or square feet) 5.S acres +
4. PROPERTY LOCATION (General location): Example - South side of
State Street 400 yards. East of Pine Street
Northeast side of Kittredge Road, approx. 1500' fv Stillwater Avenue.
5. LEGAL DESCRIPTION OF PROPERTY - Assessors Nap No.R=60 Parcel 11
6. EXISTING USE: vacant
7. PROPOSED USE: place of worship; educational facility
S. NAME AND ADDRESS OF OWNER OF RECORD: Name Lucille and Fteds7ick Darr
Address 55 Kittredge Renu, Banger, FE
9. NAME AND ADDRESS OF CONTRACT OWNER (ifsuch) ::TJQCC nl.. 2ra OAIN
10. SIGNATURE OF OWNER OR CONTRACT !{��G f� �� ml
11. REPRESENTATIVE OF APPLICANT: Name Edmand J. Beni
(if applicable)
Address E4 Harlas St., Bangor, W 0V02-1401
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN PORN 6 DUPLICATE TO PLANNINGDIVISION CITY HALL, BANGOR ME
Application fee Processing' Advertising Total
Zone Change (1/2 acre or less) $297.50 $212.00* $509.50
Zone Change (in excess of 1/2 acre) $475.00 $212.00* $688.00
Contract Zone Change $713.75 ,$265.00* $978.75
*Two Ads Required
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE
96-196
The parcel is to be developed only for a place of
worship and educational facility, and it shall meet the
development standards applicable to Rural Residence and
Agricultural District, Table V-3, Article 16 of the City
Of Bangor Land Development Code.
96-196
Excerpt from Staff Memorandum - May ], 1996 Planning Board
Meeting.
PUBLIC HEARINGS
Item No. 4: Some Change - East Side of Kittredge Brad -
Messiah Baptist Church - C.O. $ 96-196
a. Genesi Deecrimtion. Applicant requests a change from Rural
Residence and Agricultural to Government and Institutional
Service for part of a parcel of land located on the east
side of Kittredge Brad approximately 1600 feet from the
Intersection of Kittredge Road and Stillwater Avenue. The
area to be rezoned is part of a larger parcel which would
remain Rural Residence and Agricultural District, while 5.5
acres would be rezoned. The application indicates that the
proposed use
e is for "place of worship; educational
facility."These uses would be permitted case in the
Government and Institutional Services District.
Additionally, applicant has attached a condition to the
contract zone change which would limit the parcel to be
developed for 'a place of worship and educational facility,'
and the condition further specifies that the development
standards of the Rural Residence and Agricultural District
would apply to the use of the site. (While Staff would see
no basic problem with the application of the Rural Residence
and Agricultural District development standards, It would
appear that the maximum district height limit of 40 feet
would cause a problem for applicant, if the sone change were
passed and applicant were building a church structure on the
site.) The use limitation in the proposed condition is
inappropriate under State Statutes and the City's Ordinance.
b. Land Use and Eonino Policy. The City's Land Use Policy for
this area is for commercial use (ultimately). The zoning
Policy for the area would reflect the land use policy and
would be proposed for general commercial and service. The
ultimate urban development of this area (which is proposed
for commercial use) is terminated at a point approximately
n the northerly most boundary of this lot, since provision
of urban services may be physically difficult on the higher
elevations of the Kittredge hill. The more critical aspect
of the application of the Comprehensive Plan consistency
criteria to this zone change request is in regard to the
primary, service area policy of the Comprehensive Plan which
states that = urban zoning districts or urban densities
should be permitted in those areas which do not have a
complete range of urban services available to them a
defined within the Comprehensive Plan. (A copy of the
primary service area criteria is attached to this memo.)
C. Urban Services. The proposed site for the Government and
Institutional Service District is located completely outside
of the City's Primary Service Area in this section of the
96-196
City (See Primary Service Area Map and Primary Service Area
Criteria). Therefore, regardless of which urban zoning
district applicant should seek, it Is not eligible for such
zoning due to the lack of services. The Primary Service
Area concept was introduced in the 1989 Comprehensive Plan
to insure that development does not outstrip the capability
of the City to deliver necessary services to site
developments. Also, it is critical for the City to control
the extension of such services so as not to be faced with
providing missing services to developed areas at a
prohibitive cost(at some later date).
d. sxistinc conditions. The presently vacant 5 acre site is
part of a long narrow parcel which extends down Kittredge
Road toward Stillwater Avenue and contains an existing
farmhouse. The development of Kittredge Road is low-density
and, predominantly, residential in keeping with Rural
Agricultural areas in which urban services are not available
and where on-site waste disposal is required. The nearest
urban zoning in this area at the corner of Stillwater
Avenue and Kittredge Road where the "Country Inn" is located
and where there is a full range of urban services. All of
the uses in the area are compatible with Rural Residence and
Agricultural zoning requirements.
e.iaeon Criteria. State Statutes require that'. the City's
zoning be consistent with its Comprehensive Plan. The issue
in this particular case is not So much onof land use as it
is the overall development policy of the City which does act
Support urban development and urban zoning in those areae
where urban services are not available. Regardless of
whether this Rare a Wal-Mart or a church, it is
inappropriate and contrary to the City's development policy
as outlined in the Comprehensive Plan to provide the urban
zoning which applicant requests. It Is premature to.
establish urban sorting at this location. For that reason,
Staff would recommend that the Planning Board recommend
denial of the zone change request to the City Council.
96-196
ti
f
ere
PRIMARY SERVICE AREA
11112011 PSA BOUNDARY
SERVICE OAP
SCALE COMPREHENSIVE PLAN
1000,
O''2000' REVISION 1989
)a7- 96-/
BANGOR WATER DISTRICT
P 0. B0% 804• BANGOR MAINE O4un-MU0
TEL. (20)1947-4516. FAX: (207) S4)S]07
Rev. Buddy Frankland
R 2 Box 6790
East Holden MH 04429
Wgne J.R Mw
April 12, 1996 Set" Meuse
asma J.Mler
MSL 00mrel Mervper?rurvrer
cal P. M,M m'
Ww,'QmXV
T,,Mwl seven M1bmgr
RE: Water main extension cost estimate
Dear Rev. Frankland:
In accordance with your request, please find enclosed two
oat estimates for installing a water main extension along the
Kittredge Road. The length of the line would be approximately
2300 feet.
The estimate of $72,675 assumes that no ledge blasting and
excavation would be required. The Second estimate of $241,360 i
a worstcase
estimate which assumes the entire 2300 feet of
excavation would involve ledge blasting and removal. It is very
doubtful that this much ledge excavation would actually be
required. i would recommend that a contractor perform a ledge
profile survey early in your project planning phase in order to
obtain a more accurate estimate of ledge.
I hope the information provided is sufficient for your
needs. Please contact me if you have any question.
Sincerely,
BANGOR WATER DISTRICT
(1,Cd ill.
Wayne J. Bagels i
General Manager
�ec� S-d3-9�6
'N/•�f/(" MAINE
FlnECfPngley ieumrrtaxvf
FIM eMan Bureeu Chief
April 7d, 1996
Herman C. Frankland
Messiah Baptist Church
183 French Street
Bangor, Maine 04401
Dear Mr. Frankland,
This letter is in response to your receM question regarding sprinkler system requirements for
a church auditorium that you propose to build in Bangor.
The following is an excerpt from the 1994 NFPA Life Safety Code:
83.5.1 Buildings containing Class A or Class B assembly occupancies shall be probided by
an approved, supervised automatic sprinkler system installed in accordance with Section 7-7
as follows:
(a) Throughout the story containing the assembly occupancy, and
(b) Throughout all stones below Me story containing the assembly occupancy, and
® In the case of an assembly occupancy located below the level of exit discharge,
throughout all stones intervening between that story and the level of exit discharge including
the level of exit discharge.
Exception No. 1: Assembly occupancies used primarily for worship with fixed seating and not
part of a mixed occupancy. (See 4-1.11 )
You indicated that you would accommodate 350-750 persons. This would classify your
building as a class B assembly. Note that exception 1 of the above code section would
exempt you from having to provide a sprinkler system, providing that all seating is of a fixed
nature and that the building is used primarily for warship.
Please be advised that this determination Is made per the available information, and
requirements may change when construction documents are available for review by this
office.
If I can be of any further assistance, please call on me
Sincerely,
""
Lo: aley�
Fire Preverdio ureau Chief
of S -13-9r
Earle M. Rahmse, R.S.
Environmental Health Consultant
FOOD -WATER -SEWAGE
181 Randolph Drive
P.O. Box 280
Bangor, Maine 04402-0280
(207) 942-3659
22 April 1996
MESSIAH BAPTIST CHURCH
c/o Buddy Frankland
RR 2 - Box 6790
E. Holden, Maine 04429
re: Site Evaluation Proposed Church Site; Results of
Dear Mr. Frankland:
Attached in a copy of the soils loge from the site
evaluation performed on the land for the proposed Messiah
Baptist Church, Ritterage Road, Bangor. The site evaluation
and soils analysis was performed on Sunday, 21 April 1996.
Interpretation of results:
1. Soils were classified as a 2/3 C in accordance
with the most current Maine Subsurface Waste water
disposal Rules (144A CMR 241). This is a sandy
loss with a seasonal water table between 15 and 48
inches to the surface of the ground.
2. There is sufficient area to support a septic
system that will adequately treat in excess of
4,000 gallon per day of domestic sewage.
3. In accordance with Table 901.2, Phase I of the
proposed septic system will be designed to handle
2,000 gallonsper day. The calculations are as
follows - Total of 350 seats; 200 seats for general
eating and 150 seats for dining (200 a 4) 6 150
x 8).
I recommend that a condition on the Land -use Permit include
requirement that the 2,000 gallon septic tank be pumped
before any large function (i.e. wedding reception) that may
exceed the minimum design factor. This would allow
sufficient retention of additional liquids without hinder-
ing the soil absorption capacity.
A completed design and a subsurface wastewater disposal
system application (BBE -200) will follow shortly.
Yours in health,
earlA use
L.8.0s0 SIC.8.0., 0309
copy to:
Bangor Planning Board
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CITY
A' g MAINE M zo � GH
.: "tet'
ENGINEERING DEPARTMENT
James D. Ping, P.E., City Erglneer/Dlrma of Public Ssrvima
April 11, 1996
Rev. Herman C. Frankland
RRA2 Box 6790
East Holden, blE 04,129
SUBJECT: Sewer E tension - Kittredge Road
Dear Rev. Frankland:
In accordance with your recent request, we have looked into the wet of extending
the City sewer system out Kittredge Road from Stillwater Avenue a distance of
approximately one half mile. A very preliminary Marianne of costs to construct such an
eteresion is around $250,000 00. To farther refine this figure would involve doing an
engineering study, including test borings to obtain borer infb mafion regarding ledge
excavafion. 1 as certain that ledge would be encountered, and this can have a significant
impact on construction Costs.
Before further work is undertaken, it would be necessary to present this request to
the City Council for authorization to conduct an Engineering Feasibility Study. I would
note that this extension would go outside the "primary service boundary' which delineates
Use area witlun which full services for development, including public utilities are
anticipated.
The City's current policy for sewer extensions requDes developers and petitioners
to bear the full rusts of such extensions.
I hope this iMorrmnion ie helpful. If you have arty other queniom, please fed free
to contact me.
Sincerely,
James D. Ring P.E.
City Engineer
96-196
3-2
The
Primary Service Area Wap was developed based on the
following
criteria.
1.
Sewers
a. Within five hundred to one thousand feet of exist-
ing eight inch or larger public sewer, or
b. Within five hundred to one thousand feet of an
approved eight inch or large public sewer exten-
sion.
2.
Waw:
a. Within five hundred to one thousand feet of exist-
ing six inch or larger water district main, or -
b. Within five hundred to one thousand feet of pro-
gramed
(approved and budgeted) six inch or larger
water district main.
3.
Fire Protection:
Within one and ane half to two miles travel distance of
any City Fire Station or within two and one half to
three miles distance from an aerial ladder company.
(Industrial Park areas which are required to be fully
sprinkled can be exceptions to this criteria.)
9.
cess:
Within a thousand to fifteen hundred feet of an arteri-
al or collector street with reserve traffic carrying
capacity to serve potential traffic generation from
projected uses.
5.
Por Residential Development:
Within one mile radius of a public recreational facili-
ty offering opportunity and facilities for active recre-
ation and within one half mile radius of a public park
and open space area suitable for passive recreation
activity.
-6.
Within One Half to One Mile DiStanCQ Of City Transit
Service:
].
Availability of Electrical and Telephone Service,
To
make this concept work as an official policy of the City,
the City need only to adopt the Primary Service Kea Wap based
upon the above criteria. (See Primary Service Area Wap.) Impli-
f