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Home My WebLink About1996-09-25 96-386 ORDINANCECOUNCIL ACTION Date September 13, 1996 Item No. 96-386 Item/Subject[ Amending Land Development Code - 302V Hasson Avenue Responsible Department: Planning Division Applicant requests a zone change by reclassifying a parcel from High Density Residential to Shopping and Personal Service Contract for a professional and/or business office use located at 302V Hasson Avenue. The lot in question is a vacant parcel which abuts Roes Manor. Departure ( Head Ma ager's omment P e �+a 4/ sdMJa /W/c 4�w/ m %'r<.tr H' ,PyAf7 u!I /k' avaikbr �NII/cjm/0f6 City Manager Assoc' ted Info;7BrfMxr,l� , AV,,A# ra% Budget Approval Finance Director /Jit C ty Solici g Introduced For Passage X First Reading Page I of I Referral to Planning Board " 1 -?6 7 311nµ 96-386 Aedgnedto Counm3or Sullivan September 25, 1996 CITY OF BANGOR (TITLE.) anrbinM Z, Amending rand Develolnnent Code .......... ................ _._..... 302V Musson Avenue BaR adsBud by ate Oity Cousdf of Ow CRY ofBaxyor. ssfo . 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 part of a parcel of land located at 302V Musson Avenue (Tax Map No. R-41, Part of Parcel 41) from High Density Residential to Shopping and Personal Service (Contract) District. Said parcel containing approximately 4.7 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 zone is granted subject to the following conditions: 1. The use e and/or operation of the subject premises shall be subject to thefollowing limitations and/or restrictions: A. Buildings will be limited to a height of 35 feet B. Buildings shall Be limited to 22,500 sq. ft. of floor area; C. Any buildings will conform in architectural character with the architectural character of Ross Manor Nursing Home; D. Maximum impervious surface will be 60 percent; E. Minimum rear yard = 25 feet; P. Specimen trees shall be retained to provide a vegetative buffer from Husson Avenue. Such vegetative buffer shall have a depth of 40 feet measured horizontally from the right-of-way line of Musson Avenue. Selective cutting of trees within such buffer area shall be permitted, IN CIIYlWU M Sept. 25, 1996 Pitet Reeding R exed m Planning load IN CITY COUNCL October 16, 1996 Notion to Amend by by Substitution Passed Passed As Amended by Substitution Vote: ) yes, 1 absent Councilors voting yes: Blanchette, Leen, Popper, Soucy, Sullivan, Tyler a woodcock Councilor abs : Baldacci cri— ITY CLua& 96-386 ORDINANCE Title, Amending Land Development Code - 302V ...................................... Hessen Avenue, ...... A Ped to . Councilman Councilmn SUBSTITUTE COPY {AS AMENUEb) Aesired to Councilor CITY OF BANGOR (TITLE.) (Drbil Mfg lading Land Development Code 302V Husson Avenue Be it oNanr by tht City Council of the City ofBanpor, m follow: _1'HAT 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 apart of a parcel of land located at 302V Husson Avenue (Tax Map No. R-41, Part of Parcel 41( from High Density Residential to Shopping and Personal Service (Contract) District. Said parcel containing approximately 4.7 acres and being more particularly indicated on the mapattached 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 zone is granted subject to the following conditions: 1. The use e and/or operation of the subject premises shall be subject to thefollowing limitations and/or restrictions: A. Buildings will be limited to a height of 35 feet B. Buildings shall be limited to 22,500 sq. ft of floor area; C. Any buildings will conform in architectural character with the architectural character of Ross Manor Nursing Home; D. Maximum impervious surface will be 60 percent; E. Minimum rear yard = 25 feet; F. Specimen trees shall be retained to provide a vegetative buffer from Husson Avenue. Such vegetative buffer shall yf+_ 4 have a depth of 40 feet measured horizontally from the right-of-way line of Hasson Avenue. Selective cutting of trees within such buffer area shall be permitted, provided that not more than forty percent (408) of the volume of trees four (4)n nches o e in diameter, measured 4.5 feet above theground level, is cut in any ten (10) year period. Volume may be considered to be equivalent to basal area. G. Existing specimen trees shall also be retained along the west lot line of the property to provide a vegetative buffer from the abutting "Morningside" condominium site. Such vegetative buffer shall have a depth of 20 feet measured horizontally from the westerly property line of this parcel except that such vegetative buffer shall have a minimum depth of 30 feet along the westerly property line in areas adjacent to existing buildings and parking lots located on the abutting condominium site. Selective cutting within the buffer area shall be permitted under the same conditions detailed in Section F., above. H. With regard to activities and operations, there shall be: 1. No storage activity (except incidental storage); 2. No servicing of motor vehicles; 3. No drive -up windows or drive-in service. 4. No outdoor display of goods; 5. No alcohol served on the premises; 6. No for-profit enclosed recreational activity; 7. No retail sales: and 8. No transient accommodations for compensation. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all the terms 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 i not s, executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. M HDR TO S&PS* N® HDR .Tm M tH D R -----_ - HDR HDR* S&PS 96-386 provided that not more than forty percent (408) of the volume of trees four (4) inches or more in diameter, measured 4.5 feet above the ground level, is cut in any ten (10) year period. Volume may be considered to be equivalent to basal area. G. With regard to activities and operations, there shall be: 1. No outdoor activity (except incidental storage); 2. No servicing of motor vehicles; 3. No drive -up windows or drive-in service; 4. No outdoor display; 5. No alcohol served on the premises; 6. No for-profit enclosed recreational activity; J. No retail sales: and N. No transient accommodations for compensation. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all the terms and conditions set forth above and the recording of said executed agreement in the Penobscot County Registry of Deeds by the property own 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 so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. 96-386 (AS AMENDED) Aaeignedto Councgor Sullivan September 25, 1996 CITY OF BANGOR (TITLE.) anEDI1TM gff Iuoending L a Development c de 302V Musson Avenue Be it ordaivd 6y Nv City cmmaH of the City o/Bangor, m fo s: 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 part of a parcel of land located at 302V Musson Avenue (Tax Map No. R-41, Part of Parcel 41) from High Density Residential to Shopping and Personal Service (Contract) DistriCt. Said parcel containing approximately 4.7 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 zone is granted subject to the fallowing conditions: 1. The use e and/or operation of the subject premises shall be subject to thefollowing limitations and/or restrictions: A. Buildings will be limited to a height of 35 feet B. Buildings shall be limited to 22,500 sq. ft. of floor area; C. Any buildings will conform in architectural character with the architectural character of Ross Manor Nursing Home; - D. Maximum impervious surface will be 60 percent; E. Minimum rear yard - 25 feet; F. Specimen trees shall be retained to provide a vegetative buffer from Musson Avenue. Such vegetative buffer shall have a depth of 40 feet measured horizontally from the right-of-way line of HnssOn Avenue. Selective cutting of trees within. such buffer area shall be permitted, 96-386 (AS AMENDED) provided that not more than forty percent (408) of the volume of trees four (4) inches or more in diameter, measured 4.5 feet above the ground level, is cut in any ten (10) year period. Volume may be considered to be equivalent to basal area. G. with regard to activities and operations, there shall be: 1. No storage activity (except incidental storage); 2. No servicing of motor vehicles; 3. No drive -up windows or drive-in service; 4. No outdoor display of goods; 5. No alcohol served on the premises; 6. No for-profit enclosed recreational activity: 9. No retail sales: and S. No transient accommodations for compensation. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all the terns 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 so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. CONDITIONS A. Buildwgswll be limited to a mrdmum Mghtaf35 feet; B. Building adult be limited 1022,500 square feet of floor area; C. Any buildings will conform in auchkodural chandler with the architecturd character of Ross Manor Nursing Home; D. Maximum impervious surface area will be sixty percent (60%), E. Mmanan rear yard=25 feet; F. Specimen ores shall be retained to provide a vegetative buffer from Husson Avatars. Such vegetative buffer shall have a depth of 40 fed measured horizontally from the sidelineofHusson Avemse. Selective cutting oftrees witwn such buffer area shall be personnel, provided that nM more then forty precem (40%) of the volume of trees four (4) inches or more in diameter, measured 4.5 feet above ground level, is cut wavy ten (10) year period. Volume may be considered to be equivalent to basal area. G. With regard to activities and operations, than shall be'. 1. No storage activity (except inddental storage); 2. No serviwng of motor vehicles; 3. No drive -up windows or drive-in service; 4. No outdoor display of goods; 5. No alcohol served on the premises; 6. No for- profit enclosed rocreational activity; 7. No retail sales: and 8. No transient accommodations for compensation. k:\02158\pah\misc\rosszondrFl7.wpd 96-386 I/l/S$ wN Nnir. N^' TO: m CIT COUNCIL AND PINNING BOARD OF BANWR, 1b55caze 2. of 489 Slate S[reet. Banmr, w:w Address City or Post Office Telephone hereby petition to amend the Land Develom Code f the C't Bangor, Paine by reclassifying from High aisity �sidential (" "jf district to the 2 6 PS CmNraCt district for the property outlined in red on the mars attached hereto, which are part of this application, and described as follows: 3. ADDRESS OF PE DPEATY (1£ any) 302V }Neter Avenue Total Area (acres or square £ex) 9.7 acres 4. PROPERTY LOCATION (General location)t Zaccaria - Snatch side of State Street 400 yards. East of vine Street West Side of Nvsson Aeem,e, 300 yards Sooch of Broadway S. LECAL DESCRIPTION OF PROPERTY - Assessors Nan No. R-41 Parcel 41 (portion 6. EXISTING USE: Vacant 7, PROPOSED VSE: Piofasafral ari/or Butirnss Offices G. WANE AND ADDRESS OF OWNER OF RECORD: Were 1d sscare Addreas 489 State Street, Bangor S. •NAMi AND ADDRESS OF CONTRACT OWNE.9 (i£ even : Same 10. SISNhFSFF DF Ow'NEA OR CONTRACT DNNSR: Nh � 11. R^PSLSENTATIOE OF AP?LICANT: Mame P. ew Hamilton (if applicable) Adi-ase P.O. Rox2 1210, Bangor Maine 010 12. ATTAR ANY ,CO[.9STIDNS PAOPOSEe FORA CONTRACT SONE REDDEST. Amallcatlnn ice Procecp'.. Tutal Zone Change (1/2 Acte or less) $305.75 $212.001 $517-75 Zone Change (In excess of 1/2 acre) $409.00 $212.001 $701.00 Contract zone Change $733.25 $265.00+ .,$g9B:25 - "Twc Ras Enquired PLEAS_^ RPSD PROCESSING PROCEDURE ON REVERSE SIDE