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.
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Manager's Comments:
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Associated Information,6
Finance Director
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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.