HomeMy WebLinkAbout1995-08-14 95-357 ORDINANCEDate Accost 28, 1995 Item No. 4r-
Item/Subject: Amending ISM Development Code - 91 Grove Street -
C.O. # 95-357 (As Amended)
Responsible Department: Planning Division
The Planning Board held a public hearing at its regularly scheduled
meeting of August 15, 1995 on the above -noted contract zone change
request.
Albert Smaha represented the applicant and spoke in favor of the
proposed change. No one spoke in opposition.
After som discussion, the Board approved a motion to amend
contract condition B. to read 'that the number of dwelling units be
limited to two. ^
A motion to recommend approval of C.O. # 95-357 (A nded) passed
by a vote of 4 in favor and 1 opposed.
Dep teen H ad
Manager's Comments: P�I.m.ekn.
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F/etDvnuaPa✓,u.,� City Manager
Aseocis ed Informationssp
Budget Approval
Finance Director
City Solicitor
L Passage
_ First Reading Page _1 of 1
Referral
C.O. No. 95-357
Assigned to Councam, (AS AMENDED)
CITY OF BANGOR
(TITLE.) MCb(1I21t[Ce1 Amendi,ng.,.Land Developme t Code ..... ......
Beit ordairud by w Otty Ceaneit ofSw City ofBampn% w fWamm.
THAT the zoning boundary lines as established by the Zoning Nap 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 Drove Street (Tax Map
No. 48, Parcel 73) from Urban Residence 1 District to Urban
Residence 2 (Contract) District. Said parcel containing
approximately 10,000 sq. ft. and being more particularly Indicated
on the map attached hereto and rade 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
and/or operation of the subject premises shall be
subject to thefollowing limitations and/or restrictions:
A. - That there would be no expansion to the exterior of
this building; and
B. That the number of dwelling units be limited to
two.
2. Execution by those parties with an interest in the
affected property of an agreement providing for Che 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 owns copy of said agreement
Doing 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 frog the date of passage hereof,
this Ordinance shall become null and void.
®URD -1 TO URD -2 north
CONTRACT
July 25, 1995
TO: The Planning Board City of Bangor
FROM: Dr.1yadu Tyson
BB: 91 Grow St., or
M addendum to 14 request for contract zone change at 91 Grove Street should stipulate
that there would" a snsion to the arterior of this building and that the interior
would inc de a secpnd residents] apartment.
Simerlay,
Dr. Dudley Tyson
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE
95-357
7/1/95
STURM FORMDUPLICATE O PLANNING
APPLICATION R LAND DEVELOPMENT CODE AND MAP AMENDMENT
BANGOR ME.
T0:
THE CITY COUNCIL AND DATE
Application fee
Processing
THE PLANNING BOARD OF BANGOR, MAINE: N0.
1.
I(WE) Hadley B T son (Mary E Tyson)
2.
of 91 Grove Street Bonsor ME 942-5784
$212.00*
Address City or Post Office
Telephone
$476.00
hereby petition to amend the Land Development Code of
the City of
$688.00
Bangor, Maine by reclassifying from URD -1
$713.75
$265.00*
district to the Contract URD22 district
for the
*Two Ade Required
property outlined in red on the maps attached hereto,
which are
part of this application, and described as follows:
PLEASE BRAD PROCESSING PROCEDURE ON
3.
ADDRESS OF PROPERTY (if any) 91 Grove St
Total Area (acres or square feet) 10,000 $a, ft
East Side of Grove between Somerset& Carp d
4.
PROPERTY LOCATION (General location) Exam ma a -.South
side of
State Street 400 yards. East of Pine Street
5
LEGAL DESCRIPTION JIROPE mx'1y Asseasoxa Map No. 48
parcel 73
.
sing
7.
PROPOSED USE• Two Apartments
S.
NAME AND ADDRESS OF OMNER OF RECORD: Name Mary E.
Tyson
Address
9.
MAME AND ADDRESS OF CONTRACT OWNER (if such):
10.
SIGNATURE OF OWNER OR CONTRACT OWNRR: /s/ Dudley B. Tyson
11.
REPRESENTATIVE OF APPLICANT: Name
(i£ applicable)
Address
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE
REQUEST.
STURM FORMDUPLICATE O PLANNING
DIVISION, 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)
$476.00
$212.00*
$688.00
Contract Zone Change
$713.75
$265.00*
$978.75
*Two Ade Required
PLEASE BRAD PROCESSING PROCEDURE ON
REVERSE
SIDE
A. The Bancor Land DavOlOPMent Code R6QUires2
1. Applications for zoning amendment must be filed in the Planning
Division Office at City Ball (with necessary advertising and
processing fees).
2. A council Order containing the proposed zoning amendment must be
drawn up by the Planning Office and placed on the Council Agenda.
3. A public hearing must be scheduled to be held by the Planning
Board on the proposed amendment (the City Council can take no
action until after the Planning Board hearing and report).
4. A notice of the public hearing must be placed in a newspaper at
least 10 days prior to the hearing and a notice must be mailed to
owners of abutting property within 100 feet of the property
subject to rezoning action.
S. A public hearing sign (picked -up in the Planning Office) must be
posted on the proposed property 10 days prior to the Planning
Board's public hearing.
6. At least three affirmative votes are necessary for Planning Board
Recommendation of the zoning amendment.
7. After receipt of the Planning Board recommendation the City
Council must act on the zone change request. (However, a
proposed amendment which has been disapproved by the Planning
Board may only be enacted by a 2/3 vote of the City Council).
B. Scheduling
1. A zone change request must be received by the Planning Office at
least two and one-half weeks prior to the time of the Planning
Board meeting at which the hearing will be held (because of the
time required for placement Of legal advertisements in the
newspaper and initiation of the request on the City Council
Agenda).
2. The Planning Board meets twice a month on the first and third
Tuesdays at 7:30 p.m. and the City Council meets twice a month on
the second end fourth Mondays at 7:30 p.m. (Except on holidays).
C. Notification
You will receive notice of the public hearing held by the
Planning Board. After the Planning Board has voted on its
recommendation to the City Council concerning your application,
the City Council will consider your application at the next
regular mating. You will not receive formal notice of the City
Council meeting. If you have any questions regarding the status
of your application, you should contact the Planning Office, City -
Hall, 945-4400, Ext. 206.
95-35T' -
LAED DEvEtOPMENT
CODE
AMEND
ZONE
CHANGE)
PROCEDURES
A. The Bancor Land DavOlOPMent Code R6QUires2
1. Applications for zoning amendment must be filed in the Planning
Division Office at City Ball (with necessary advertising and
processing fees).
2. A council Order containing the proposed zoning amendment must be
drawn up by the Planning Office and placed on the Council Agenda.
3. A public hearing must be scheduled to be held by the Planning
Board on the proposed amendment (the City Council can take no
action until after the Planning Board hearing and report).
4. A notice of the public hearing must be placed in a newspaper at
least 10 days prior to the hearing and a notice must be mailed to
owners of abutting property within 100 feet of the property
subject to rezoning action.
S. A public hearing sign (picked -up in the Planning Office) must be
posted on the proposed property 10 days prior to the Planning
Board's public hearing.
6. At least three affirmative votes are necessary for Planning Board
Recommendation of the zoning amendment.
7. After receipt of the Planning Board recommendation the City
Council must act on the zone change request. (However, a
proposed amendment which has been disapproved by the Planning
Board may only be enacted by a 2/3 vote of the City Council).
B. Scheduling
1. A zone change request must be received by the Planning Office at
least two and one-half weeks prior to the time of the Planning
Board meeting at which the hearing will be held (because of the
time required for placement Of legal advertisements in the
newspaper and initiation of the request on the City Council
Agenda).
2. The Planning Board meets twice a month on the first and third
Tuesdays at 7:30 p.m. and the City Council meets twice a month on
the second end fourth Mondays at 7:30 p.m. (Except on holidays).
C. Notification
You will receive notice of the public hearing held by the
Planning Board. After the Planning Board has voted on its
recommendation to the City Council concerning your application,
the City Council will consider your application at the next
regular mating. You will not receive formal notice of the City
Council meeting. If you have any questions regarding the status
of your application, you should contact the Planning Office, City -
Hall, 945-4400, Ext. 206.
95-35]
As'
pad In C unaor Popper August 14, 1995
CITY OF BANGOR
(TITLE.) MTi1CtlMtCgf Amending. Land Oweelopm nt Code
& R ordained by W Ctty crowan:{o(cw city of Bugger, Be loBmoz:
TRAP the zoning boundary linea as established by the Zoning Bap of
the City of Bangor dated October 28, 1991, as amended, be hereby
further amended as followsl-
By changing a parcel of land located at 91 Drove Street (Tax Map
No. 4B, Parcel ]3) frwo Urban Residence 1 District to Urban
Residence 2 (Contract) District. Said parcel containing
approximately 10,000 sq. ft. and being more particularly indicated
on the map attached hereto and made a part hereof.
PROVIDED, HOBEVBR TRIPP, 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 Prussians shall be
subject to the following limitations and/or restrictions:
A. That there would be no expansion to the exterior of
this building; and
B. That the interior would include a second
residential apartment.
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 Bet forth above and
the recording of said executed agreement in the Penobscot County
Registry of Deeds by the property o copy of said agreement
being on file in the office of the City yClerk 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.
95-35]
Excerpt from Staff Memorandum for August 15, 1995 Planning Board
Meeting
P TC wRamrBGs
rten No. 3x Contract sone Change - 91 Grove Street - Mary and
Dudley Tyson - C.O. 8 95-357.
a. General Description. Applicant requests a zone change for a
10,000 square foot parcel from Urban Residence District -1
(URD -1) to Contract Urban Residence District -2 (U 2)
located at 98 Grove Street. The Contract URD -2 would allow
the subject premises, currently a single family structure,
to be converted into a two dwelling unit structure with no
additions to the exterior of the structure.
b. Land Use and Zoning Policy. The board will recall that
Grove Street is
considered the dividing line in this area
between URD -1 to the east and URD -2 zoning to the west. The
Coaprehensive plan specifically cites protection from
overcrowding Rod congestion and protection of predominately
Ingle family neighborhoods as a rationale for the policy.
Older neighborhoods with small lots and large hones create
excessive densities when converted into multi -family homes
over time. On Grove Street between Somerset and Garland
there are 52 unite in the block with an average of 16.6
dwelling unite per acre (DUA) on the wear side and 12.1 DUA
on the east aide of the block. Both of these DUA densities
are regarded as very high density (the Ordinance seta the
cap at 12 OUR) and the average lot sizes are as small or
smaller than the City allows inn
any residential a The
lots on Grove between Somersetand Garland average about
5,251 sq. ft. on the west aide and 6,656 sq. ft. on the east
side. The challenge in establishing policy, here is to look
beyond individual lots and address the goals of the
CompYehansive Plan. Overcrowding and congestion are
avoided
by discouraging sultifemn
fly conversions and singlefamily
neighborhoods are protected by this.
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. existing Conditions. As discussed above the applicant
proposes to convert a single family unit sited on a 10,000
sq. ft. lot to a 2 -unit structure with no additional
construction. The residence is a large structure containing
approximately 15 rooms. On site parking is feasible. The
parcel is abutted by a 2 -unit structure to the north and
rear as wall as a single fanily structure to the south and
rear. Directly across the street are a 3 -unit, 2 -unit, and
single finally structure.
95-35]
Recommendation. The fundamental criteria for a contract
zone change is that it is consistent with the City's
Comprehensive Plan and that it is consistent with the
existing uses in the area and permitted uses within the
original district; contain conditions related to the
physical development of the property; and be subject to an
agreement with both the City and the owner providing for
implementation and enforcement (Article 1, Section 6.6).
Staff would find that the proposed zoning is not consistent
with the comprehensive plan. The proposal is consistent
with existing uses and the permitted uses In the original
district. The conditions do relate directly to the physical
development of the property directly prohibiting exterior
expansion and limiting interior change to two total dwelling
units. The contract would provide for implementation and
enforcement. Staff recosmsends that the Planning Board
recommend denial of the proposed sone change to the City
Council as it is not consistent with the Comprehensive Plan.
July 25, 1995 1_ {, . . .....
TO: The Planning and City ofBangor.
FROM: Dr. Dut! Tyson
M 91 Grove St, angor
that there would
would include a
Sincerley,
Dr. Dudley Tyson
queen for contract zone change at 91 Grove Street shoudd stipulate
expansion to the exterior of this building and that the interior
95-35]
URD;1 2
I
95-357
® URD—1 TO URD, 2 north
CONTRACT_
95-357
ORDINANCE
IN CITY COUNCIL
August 14, 1995
First Reading
( TIM,) standing Land Development Code -
Beferred Co Planning Board
91 Grove Street.
CITY
�°
r
IN CITY COUNCIL
August 28, 1995
Assigned to
MotionAm
Motion Co Amend bySubsti
Fl /1j-^
Passed
IIA1 LY/
SIA
Passed As amemded by
Substitution
t
Vote: 8 yes, l absent
Councilors voting yes: Baldacci,
-
Blanchette, Frankel, Popper,
Soucy, Sullivan. Tyler d Woodcock
Ca lot Abe nt' ahen
IIt C