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HomeMy WebLinkAbout1995-07-10 95-314 ORDINANCECOUNCIL ACTION Date July 24, 1995 Item No. vs -319 Item/Subjectx Amending Land Development Code - 91 Allen Court - C.o. S 95-314. Responsible Department: Planning Division The Planning Board held a public hearing on the above -noted zone change request at its regularly scheduled. meeting of July 18, 1995. William England, executive Director of Shave Mouse, and Brian Mee, Ames Engineers, represented the applicant and spoke in favor of the proposed change. Roxanne Munkagaard, Jan Pilotte, Vicki and Kevin Relay, David McCourt, Kay Surpless and Norman Fletcher, all neighboring property owners, all spoke in opposition. ne Planning 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. R 95-314 be denied. i�Nli�$�.`CEiI Manager's Comments: ty Manager Associated Information,6 Finance Director Legal Approval: !Cr 4f{fcfc PC Szt. G.S ui ik Cly 5 Land�rml (wr C_a4 ()'16M - Hem - j7+15 Hem rry�W9 Fly' VOPS city SolicitLY� or (213 vvk) Ar flan/�n5.s�.. roduced For Passage _ First Reading Page I of I Referral 95-314 Aeripmd W C uusdor Popper July 10. 1995 CITY OF BANGOR (TITLE.) @YDRtB=, Amending land Development Cade lta R ordained Ey W City Cour of W city of Manger, as foUoma: THAT the zoning boundary lines az 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 91 Allen Court (max Map No. 41, Parcel 49) from Urban Residence 2 District to Government and Institutional Service District. Said parcel containing approximately 7,500 sq. ft. and being more particularly indicated on the map attached hereto and made a part hereof. In City Council July 10, 1995 first reading referred Co Planning Board C citr clerk eil 95-314 ORDINANCE ( TIT1E,) Ame^ding Lavd 0evelopmen[ Code - Allen Street. Q. Aaspted to dw,D 462 a twnr IN CIT4 COUNCILJul1995 Notion 1995 lotion Lo Indefinitely Postpone Notion PalleePassage lee Failed Vote: g No, 1 Yee Voting No: Baldacci,Souc Blanchette, CohTyler Frankel, SOECy, Sullivan, Tyler a eooacopp Voting yea' Poppe[ Johnof a Planning Boa Department, Belayedamendment. Action of lad England, Direct raara oa Chia a, Spoenc. villiam theprop Director of Shawtion Nouse, Spoke about the proposed dem location for AShawrea Houde, Several residents ment of the Land Street Area spoke against the Director to othemm nand Development Code, gen 0166, Director of Community & economic Development, Noted thatwith he badraving received a Letter frog the William Bouse England spoke follo the proposed ordfnance.ents on recur v gland spoke Letter to withdrew Cibb's casements an receiving the Letter to vithdxav No ion for Passage Ordinance Passedn Vote: 6 yes, 3 no VOLS^g yea: Blanchette, Cohen, Soucy, Sullivan, Tyler 6 Bald Woodcock VOC1ngJie; Baldflcci, Pypnkel 6 Popper CIIY� LEEK 95-314 ye ' \ / ® URD -2 to G&sD 95-314 711/94 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE THE PLANNING BOARD OF BANGOR, MAINE: NO. 1. r(WE) $NAW HOUSE 2. of 160 BROADWAY, BANGOR MAINE 04401 941-2882 Address City or Post Office Telephone hereby petition to amend .the Land Development Code of the City, of Bangor, Maine by reclassifying from Ran - 2 district to the GE A SD 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) 91 ALLEN COURT Total Area (acres or square feet) 1.500 SF 4. PROPERTY LOCATION (General location): Example - South side Of - State Street TDO yards. East of Pine Street 90 FEET FROM CORNER OF ALLEN WHAT Mo COURT STREET ON THE SOUTHEAST SIDE 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. 4P Parcel 49 6. EXISTING USE: RESIDENTIAL Y. PROPOSED USE: RESIDENTIAL SHELTER r e'. NAME AND ADDRESS OP OWNER OP RECORD: Name DENNIS e. 4 KATHERINE E. WILLIAM Address 91 COURT STREET, BANGOR 9. NAME AND ADDRESS OF CONTRACT OWNER (i£ such): SHAW -NOUS% . 10.'SI6NA7URB OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name BRIAN A. AMPS. (if applicable) Address PO BOX 26 10, BANGOR, 016 04402-2610 12: ATTACH ANYCONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. E RN F AM DUPLICATB TO PLANNI G VI N C L BANGOR ME. Replication fee Processing Advertising Total Zone Change (1/2 acre or less) $289.50 $212.00* $501.50 Zone Change (in excess of 1/2 acre) $463,25 $212.00* $675.25 Contract Zone Change $694.75 $265.00* $959.75 *Two Ada Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE Excerpt from Staff Memorandum for July 18, 1995 Planning Board Meeting PUBLIC HEARINGS Item No. 4, Sone Change - 91 Allen Court - Shaw House - C.O. 4 95-314. e. General Description. Applicant requests a zone change from Urban Residence 2 District to Governsent and Institutional Service District for a parcel located on Allen Court (approximately 90 feet from the corner of Court Street and Allen Court). The total area of this parcel is approximately 7500 sq. ft. This parcel contains an existing residential structure and is located immediately behind a church structure on a parcel zoned Government and Institutional Service District on Court Street. This applicant wishes to add the residential parcel to the church parcel in order to provide additional area for the proposed use of the church for a residential shelter. b. Land Use and Zoning Policy. The proposed use of this area of the City is for 'high density residential." The zoning of the area is proposed for Government and Institutional services at the corner of Court Street and Hand Street with an extensive complex of such uses and multi -family and service district zoning further up Hammond Street and a limited area of Court Street while the predominant zoning on Court Street is URD -2. C. Urban Services. This area has a complete range of urban services. d. Existing Conditions.- The area in question is a mixture of uses and zoning classifications. The zoning at the Hammond Street junction with Court Street (and the uses in that area) is all Government and Institutional Service. Further up the street the predominant zoning is Urban Residence 2 and there are number of multi -family residential uses, including nonconforming apartment houses with more than the four dwelling units allowed in Urban Residence 2, aswell as rooming houses and other such uses. Also, there isa complex of multi -family and service district zoning diagonally across Court Street from Allen Court in the block between Ohio and Court Street on both aides of Boynton Street. Two lots down from this parcel, on the same side of the street, there is a Neighborhood Service District Contract zone which was granted by the City a few years ago with the expectation that it would be for office use. There are a number of reasonably small lots along this section of Court Street, particularly, in the immediate area of Allen Court. and Boynton Street. There is also an extensive area of Park and Open Space zoning down over the back from the Allen Court area along the Aenduakeag Stream. While the proposed zoning for this parcel and existing zoning on the adjacent church lot is for governmentand institutional Services, the use is a residential one in keeping with the roaming house presently situated between this parcel and Court Street adjacent to the G a ISO zoned parcel at the corner of Allen Court. The applicant has indicated that the intended use of this parcel is an adjunct to the church parcel on the corner of Allen Court and Court Street, which is of somewhat limited size (approximately 6300 sq. ft. in area). The addition of approximately 7500 sq. ft. of area on the Allen Court parcel would facilitate use of the existing property zoned G a ISO on the corner of Court Street and Allen Court. e. Recommendation. The basic criteria for zoning is that it be consistent with the City's Comprehensive Plan. While the mixture of uses and zoning in this immediate area of Court Street represents somewhat of a patchwork pattern, it is logical to assume that residential use of the Mien Court Parcel and the Court Street parcel is consistent with the City's Land Use Policy. As Planning Board Members know,, there is no clear-cut guidance In the zoning policies of the City as to exactly what is appropriate for government and institutional service zoning locations. However, those that consistentare s with abutting u and abutting zoning would appear to be consistent with the City's Comprehensive Plan. It is Staff's position that the provision of additional land area (applicant indicates that they intend to tear down the existing residential structure on this parcel) to facilitate use of property on the corner of Court Street and Allen Court would be advantageous to the applicant and to the area since additional land would be made available for the proposed use and development of the site. Any additional development on the site would have to meet current ordinance requirements and if there were any changes, such changes would be subject to site plan approval by the Planning Board. For these reasons, Staff would recommend that the Planning Board recommend approval of the zone change request on the Allen Street parcel to the City Council.