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Home My WebLink About1996-01-08 96-76 ORDINANCEDate January 22. 1996 item No. 96-76 Item/Subject: Amending Land Development Code - 195-199 State Street C.O. R 96-76. Responsible Department: Planning Division The Planning Board held a public hearing on the above -noted zone change request at its regularly scheduled meeting of January 16, 1996. Richard Soucy and John Largay, both representing the applicant, spoke in favor of the proposed zone change request. Gary Robinson, a perspective tenant, and Mr. Petticord,an area resident, also Bpoke in favor. No one spoke in opposition. The Board voted 4 to 1 in favor of a motion to recommend to the City Council that the sone change request contained in C.O. R 96-76 be denied. p r meAt 7ffeadj Manager's Comments: ' City Manager Budget Approval: Finance Director Legal Approval: City Solicitor xnjsoduced For Gi Paeeage First Reading Page 1 of 1 — Referral to Planning Board 96-16 Assmd to Comdor Popper January 8, 1996 CITY OF BANGOR (TITLE.) 1ltlrl}111Bfrp, Amending. Land Development Code ....... ..195-199..State .Street.......... Be 4 ordatard by the Oft Ce of Ma C49 ofBaname as foIZmvv. 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 parcel of land located at 195-199 State Street (Tax Map No. 49, Parcels 100 and 101) from Neighborhood Service Ddatrlct to Urban Service District. Said parcel containing approximately 5,080 sq. ft. and being more particularly indicated on the map attached hereto and made a part hereof. IN CITY COUNCIL January 8, 1996 First Reading Referred to Finance Committee CITY CLERK IN CITY COUNCIL January 22, 1996 Councilor Soucy Abstained Councilor Sullivan Claimed no Conflict for C.Soucy Councilor Frankel turned Chair over to C. Popper so that he could cement on this Ordinance. John Largay d Richard Soucy, representing Franke Rake Shop, spoke in favor of this Amendment. Passed Vote: ] yes, I no, 1 abstained Councilors voting yes: Ealdacci, Blanchette, Frankel, Leen, Popper, Sullivan a woodcock Councilor voting no: Tyler Councilor abstaining: Soucy CITY CLERK 96-)6 ORDINANCE TITLE ) Amending Land Development Code - 195-M state Street y a�N N M "- S 96-76 1 DATE: January 10, 1996 TO: The Planning Board PROM: The Planning Staff SUBJECTS Agenda Review - January 16, 1996 Meeting PUBLIC HEARINGS Item No. 1: Sone Change - 195-199 State Street - walteen G. Soucy d/b/a/ FraNc's Bakery, applicant. C.O. R 96- 76 a. General Deacrintion. Applicant requests zone change for a 0.58¢ re parcel from Neighborhood Service District (NSD) to Urban Service District (USD) located at 195-199 State Street. The USD designation would allow the subject premises, Frank's fakery, to utilize- its vacant .floor area for uses not contemplated in the NSD. b. Land Use and Zoning Policy. This area of State Street, (generally across from Forest Avenue on the south aide of the street) is in an area the Comprehensive Plan Land Use Concepts map indicated as High Density Residential. The current zoning in the area is Neighborhood Service District and Multl-family and Service District (MASD). The Comprehensive Plan Zoning Policy map calls for the area of State Street from Pine to Otis Streets to be MASD. That zoning designation is consistent with the MASD zoning of much of the area. Thus the question here is to determine if a change to USD is in any way in keeping with the Comprehensive Plan and the existing zoning of the area. Staff has concluded that MASD and NSD districts are more in keeping with the existing zoning and Land Use Policy of the Comprehensive Plan. C. Urban Services. The parcel proposed for the zone change is located in the Primary Services Area and has a complete range of urban services available to it. d. Existina Conditions. The subject parcel 0.58 acres in size was originally four individual Muse lots with two of the structures having been removed to make way for parking. The applicant has joined the two structures on State Street together for a total floor area of 7,810 sq. ft. with 9,610 in the bake shop and the remaining 3,300 in two apartment unite. Some of the bake shop area is currently vacant and the applicant is seeking relief from the NSD permitted uses to a broader range of uses. e. Recommendation. The fundamental Criteria for a zone change is that it is consistent with the City's Comprehensive Plan and 96-]6 that it is consistent with the existing uses and zoning in the. The Comprehensive plan calla for MSD in this area of State Street and that is consistent with the predominant zoning of the area. The existing uses in the area are quite mixed, but of the 34 parcels between Grove Street and Birch Street, 11 are strictly residential and 6 are office (2 are mixed office/residential). Of the 12 retail uses 6 are mixed use residential and 5are ervice businesses. Of the remainder one is a school one is a municipal building, one parcel is vacant, and 2 are automotive Uses. Thus, of the 34 parcels 18 are completely in keeping with the N&SD designation and 6 more have a residential component. And of the 12 retail uses most are In keeping with the NSD designation. Over the past ten years this area has attracted significant investment and rehabilitation dollars which would Seem to suggest that the uses contemplated in the M&SD and NSD designations have actually bad a stabilising impact on this neighborhood. (The NASD permits single and multi -family residential uses and conditionally allows offices, community service organizations and bed and breakfasts. The NSD permits (with a vise cap) groceries, dells, drug stores, laundromats, offices, beauty shops, repair shops, and florists and conditionally allows mixed use residential/commercial). The USD designation (if applied to this entire area) would yield site developments much like lower main Street rather than rehabilitations and reuses like those of State Street. (The USD designation permits, with no size cap, motels, eating and drinking establishments, and any other retail' or service business and conditionally allows drive-in, and automobile related uses). Staff would find that the applicant's proposal Is not consistent with existing uses in the a r the Comprehensive Plan. Staff r o�ndsthat the Planning Board recommend denial of the proposed sone change to the City Council. 96-76 7/1/95 A PLIC TION POA LAND D@OBI�P NT CODE AND NAP AMENDMENT TO: THE CITY COUNCIL AND DATE 12/22/9$ „TEE PLANNING BOARDOFBANGOR, NAIM9 NO. 1 'IiWj) W$lteen G. Soucy, d/b/a Frank's Hake Shop, Inc. .2.• o£ 195/199 St t Street Benvor. mF 04401 91y7$i6 Address CSty or Post Offtce Telephone ,hereby petition(to amend the Land Deva�grent Code of the City of @angor,,. Naive-by,xeclasaify}ng Aram one district to the UC 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) 1 S Total Area (acres or square foot) 3 X 4. PROPERTY LOCATION (General location): Example - South aide of Statestern corner oY dBro n®t of and State Street treet 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Nap NO.. 4 Parcel$ 101 ti )dd 6. EXISTING USEx 7. PROPOSED USE: Retail Sales S. RARE AND ADDRESS OF OWNER OF RECORD: Name Walteen G. Soucy Address 199 State Street Eansor,04401 9. NAME AND ADDRESS OF CONTRACT OWNER (if such z 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 1,4 Ad 11. REPRESENTATIVE OF APPLICANT: Name Richard T. Soucy (it applicable) Address 24 Forest Avenue Bangor, ME 04401 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE MODEST. RETURN FORM & DUPLICATE T'0 PLANNING DIVISION, CITY HALL BANGOR ME Application fee Processina Advertising Total Zone Change (1/2. acre or less) $297.50 $212.00* $509.50 Zone Change (in excess of 1/2 acre) $476.00 $212.00* $688.00 Contract Zone change $713.75 $265.00* $978.75 *Two Ads Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE G H 0 C F H Z