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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. i W cc F- F - SAPS 96-196 RR&A TO c W H H S&PS 96-196 RR&A TO 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 ibSW%eWm Hob MTesl Pd OBomg n au / CgN N dXafiAXnW 9oJ �1imm. • .J61g o GQ =-- Tagiumcao, 0 Cnalee^ry CW, Malllp ,d -- M� EWA --ase — Syl pwgYm Skp ...Dow r a - or -4Zx me�...v. Zox APPLICATION hmatlon Hole MTest Pll OBmingl / ' tl'Tm q Q9aKK INhM IkG'xe Mew W �wu.n uoonne 11 oosarvanon HWe OTest_PI[ Oft o.uln a orvuKK Nafisn,mw. a4re.l sou ' o.ou m aw'+= �w®. am+. wiwa sai I xI oa1.?z/96 .o.203 n au Poem �1imm. • .J61g o GQ =-- astir__ ......... eEA; .............. -- -- W --ase — Syl pwgYm Skp ...Dow r �wu.n uoonne 11 oosarvanon HWe OTest_PI[ Oft o.uln a orvuKK Nafisn,mw. a4re.l sou ' o.ou m aw'+= �w®. am+. wiwa sai I xI oa1.?z/96 .o.203 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