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HomeMy WebLinkAbout1994-03-16 94-132 ORDINANCELounen Action Date April 11 1994 hostile. 94-132 Amending Land Development Code - 91W Broadway - C.O. A 94-132 Item/Subject: - (As Amended) Responsible Department: Planning Division Commentary: The Planning Board held a public bearing An the above -noted contract opens change request at its regularly scheduled meeting of April 5, 1994. Thomas Russell, Esq., representing the applicant, spoke in favor of 3nepropoied obinge as did the applicant, Dr. Thanes. Norman D'Anjou, an abutting property owner residing at 51 Baldwin Drive also spoke in favor. - No one spoke in opposition. After considerable discussion, the Beard voted 4 in favor and 1 opposed to imotion to recomeend to the City Council that the zone change request contained n C.O. N 94-132(As Amended) be denied. Manager's Comments: c;rrma..g Associaledl formation: OAtfuoa Al yNQr i / Budget Approval: Former Drce Le W1 APProvel: 'f fCCOMmsind4`en "A er a ¢4,rs re9ers4be d(nird. Serawse file-®lonnir5ear sores. (4aoro( pkd( o3aln5f /eCOMmand r.5 Q�®rswolI sw a r o iir • VOP3 fo"OU r jovi a Wareced For �7C brY a(�ncGrd js N y7 w'rn�oa✓ Sa�ro✓n/ . astage paW —ot_ ❑ First Heading ❑ Referral Aprillit, 1994 94-132 AeagnM WCouncilp Baldaccf (AS ENDED) CITY OF BANGOR (TITLE.) Mrtiiltl=e, Scanting law Development code 913V Broadway Be tt ordaixd Ee W Cfss Goaded of C:bofBaaswu azfdbma: THAT the zoning boundary linea 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 913V Broadway (Tax Map No. R-40, Parcel No. 9) from Low Density Residential District, to Contract Shopping and Personal Service District. Said parcel of land containing approximately 2.02 acres and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVRR THAT, in addition to the mandatary 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: A. Any nonresidential use of the property shall be limited to business offices or offices of professional. persona, s those terms are currently defined in the Land Development Code. B. Any principal structure shall be designed and constructed so as to have a pitched, shingled roof; exterior siding that isresidential in appearance; and windows and doors that are conmnonly used in the construction of single family homes. The foregoing condition. shall not be construed as precluding the use of ramps, windows, doors or other structures necessary or appropriate to provide access to or egress from the principal structure by a person with a physical disability. C. The business or professional office use shall not occupy more than 3,900 square feet of gross floor area. The initial phase of construction may also include garage, workshop, or family room areae intended for 94-132 D. Any signs identifying the uses located on the premises shall be limited to an aggregate of 50 square feet. 2, execution by those parties with an interest in the affected property of an agreement providingfor 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 is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. _ April 11, 1994 94-132 Aadp dto Caaza r Baldacc' (AS AMENDED) CITY OF BANGOR (TITLE.) Mrbiltat[et 11.1.A.mens g Land Development ., _ .__.... 913V Broadway NO k oniaimd by No Cit9 Coan&U of So City ofBansor, ae f w.' 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 913V Broadway (Tax Nap NO. R-40, Parcel NO. 9) from Low Density Residential District, to Contract Shopping and Personal Service District. said parcel of land containing approximately 2.02 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 Ne following conditions: A. Any nonresidential use of the property shall be limited to business offices or offices of professional persons, as those terms are currently defined in the Land Development Code. - B. Any principale structure shall be designed and constructed so as to have a pitched, shingled roof; exterior siding that is residential in appearance; and Windows and doors that are commonly used in the construction of single family homes. The foregoing condition shall not be construed as precluding the use of ramps, windows, doors or other structures necessary or appropriate to provide access to or egress from the principal structure by a person with a physical disability. C. The business or professional office use shall not occupy more than 3,900 square feet of gross floor area. The initial phase of construction may also include garage, workshop, or family room areas intended for future residential use, but said areas shall not be used in connection With the business or professional office use, except that any garage may be used for parking by persons Working on the premises. D. The right to Occupy and use a business or professional office on the premises shall he subject to the condition Subsequent that the construction of a residence on the Premises must he commenced by not later than 48 months after Me issuance of a certificate of occupancy for any business or professional office and said construction neat be completed within one year from the date of commencement. s. The total groes floor area for all structures on the property shall not exceed 8,500 square feet. F. Any signs identifying the uses located on the premises shall be limited to an aggregate of 50 square feet. G. Access to and from the premises shall he limited to one curb cut on Broadway and one curb cut on Hobart street. 2. BcecutiOn by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all Ne 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 Ne City Clerk and incorporated herein by reference. In the event that said agreement is not so executed within ninety (aa) days from the date of passage hereof, thea. this Ordinance shall become null am Bear Russ: On behalf of Dr. Richard Thomas, please find enclosed an amended version of Council Ordinance 94-132. We respectfully request that the original version of Council Ordinance 94-132 be amended by substitution to substitute the enclosed version therefor,and that the City Council consider and act upon the enclosed proposal. Thank you for your cooperation in processing this request. Very truly yours, MITCHBIb B STRARRES��p/ �ae e /`N- TPhomas A. Russell TAR: kab a Enc. cc: Erik Stumpfel, Esq. John Lord MITCHELL & STEARNS ATIDRNEYSATLAW 99 Fmn41in SM1z1 P.O B,, 7M Baasm. Mean Ld OIR - revue aNeMMm Tele011e(20)19Gt-3741 Lmee&MiWtll An" MFamal 01 19110 Pamela D. Qo¢ Lem, L. Smarts 3d NeWmid M Rwmblml - (19131989) nM1mm, A. Rumen Ion W. Belles Same 1. MCPamlmdtl 11925-1993) 3mmu A. Bakm J,,A Hmdhw- Tem maee(20 W14XD9 Omp,y P. Bev 1. BreGfmE Cal(ry April 11, 1994 Russell McKenna, City Clerk city of Bangor 73 Barlow Street Bangor, Maine 04401 Re: Council Ordinance 94-132 Bear Russ: On behalf of Dr. Richard Thomas, please find enclosed an amended version of Council Ordinance 94-132. We respectfully request that the original version of Council Ordinance 94-132 be amended by substitution to substitute the enclosed version therefor,and that the City Council consider and act upon the enclosed proposal. Thank you for your cooperation in processing this request. Very truly yours, MITCHBIb B STRARRES��p/ �ae e /`N- TPhomas A. Russell TAR: kab a Enc. cc: Erik Stumpfel, Esq. John Lord &1 N ON AC LDR ISD ---- G&ISD LDR M LDR TO &PS C TRAC urnancia nw1 Pate March re one Item No. 94-132 Amending Lend Development Code - 913V Broadway Ison/Subject: Responsible Department: Plaraing Division Commenury: For Referral to Plefming Board. The applicant iz requesting a contract zone change at 913V Broadway to change a pareel of fend from Low Density Residential District to Shopping and Perapnal Service District subject to certain conditions. O / it Manager's Comments: euyas+.uaer Associated Information:0 ,Apr 9uowj Ma fI. Budget Approval: Fiwueearscrur Legal Approval: Ciry Sdiudar introduced For E:)Pasmge ❑ First Reading Page _ of M P.f...,l to PlaemiM BoaTd 94-132 Aeipud to Councilor Baldacci March 16, 1994 CITY OF BANGOR (TITLE) @XiYI11MltEr amenaang Lana neevelopm t code 91W Broadway Bait oMairmyMW COM Cmme3ofW Cit dBevpor, astoUaav THAT the zoning boundary linea as established by the Boning 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 913V Broadway (Tax Map No. R-40, Parcel No. 9) from Low Density Residential District, to Contract Shopping and Personal Service District. Said parcel of land containing approximately 2.02 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: A. Any nonresidential use of the property shall be limited to business offices or offices of professional persons, s those terms are currently defined in the Land Development Code. B. Any principal structure shall be designed and constructed so as to have a pitched, shingled roof: exterior siding that is residential in appearance; and windows and doors that are commonly used in the construction of single family homes. The foregoing conditions shall not be construed as precluding the use Of ramps, windows, doors or other structures necessary or appropriate to provide access to or egress from the principal structure by a person with a physical disability. C. The business or professional office use shall not exceed 5,000 square feet in gross floor area. IN CITY COUNCIL _ March 18, 1994 First Reading Referred. to Cammynity and Economic Deveelopm@nt C In City Council April 11'.y, 1994 amend by substitution Passed Also Move to Amend Council Order 94-132 as previously amended with substitution contained in a draft by Thomas Russell Zsqui a that was mBceived at the Meeting _ 94-192 ORDINANCE ( TITLE,) Amending Lend Development Code 913V Broadway. �G.. to Notion for Passage as aZanded failed Passage Vote 3 Yes 5 No 1 Absent Voting Yes Raldacci, Shubert, Sunny Voting No Blanchette, Sapper, Stone, Absent, Cohen Notion to Have the Planning Heard bank. the Comprehensive Plan and Zoning i that Particular Area passed No Conflict for Councilor Stone C4tLt /moiyClem 'Cl L y C 94-132 Assigned ;o Counnbr Bzldaccl ¢, CITY OF BANGOR (TITLE) OCftltknt[B; ...... ..9.me afrg Wd_Development rude.... ................... 913V Broadsay Be it ordaiud by ahs City Conxif of MY ofBmpor. as fegoms: THAT the zoning boundary linea a established by the Zoning Map of the City of Bangor dated October 28, 1991, as amended, his hereby further amended as follows, By changing a parcel of land located at 913V Broadway (Tax Nap No. R-40, Parcel No. 9) from Low Density Residential District, to Contract Shopping and Personal Service District. Said parcel of land containing approximately 2.02 acres and being more particularly, indicated on the map attached hereto and made a part hereof. PROVIDED, HdiEVBR 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, A. Any nonresidential use of the property shall be limited to business offices or offices of professional persons, as those terms are currently defined in the Land Development Code. B. Any principal structure shall be designed and constructed so as to have a pitched, shingled roof; exterior siding that is residential in appearance; and windows and doors that are commonly used in the construction of single family homes. The foregoing conditions shall not be conatruad as precluding the use of ramps, windows, doors or other structures necessary or appropriate to provide access to or egress from the principal structure by a person with a physical disability. C. The business or professional office use shall not exceed 5,000 square feet in gross floor area. R6dlTP ®® F�2L'OTIPffi iaa Stet Sven Bongo[MElo u�mte IS L✓Y/dN� /�M lavl Cc.in MCC( /f Ya 4d� Q /990. 1993 . cu �'(d 4 bye Ga U5c t+ as ` e 2'/ .zs t re�y.eJ/n q4 13.Y we approve the request of Hr. Richard Thomas to change the zoning of his property on the c of Broadway and Hobart to allow his having a professional office and/or residence there. q y=f 3 9' We approve the request of Dr. Richard Thomas to change the zoning of his property on the corner of Broadway and Robert to allow his having a professional office and/or residence there. q`f-<'3 a - Ne approve the request of Hr. Richard Thomas to change the zoning of his property on the corner of Broadway and Hobart to allow his having a professional office and/or residence there. _______ ________________________________________________________ 5 Y -Z 3 2 We approve the request of Dr. Richard Thomas to change the zoning of his property on the corner of Broadway and Hobart to allow his having a professional office and/or residence there. 0"4O j We approve the request or Br. Richard Thomas to change the Conine of his property on the a of Broadway and Hobart to allow his having a aroressionai office or residence there. M 12L -1-i r B("6--©4 k01_67a-f ---- --- 4 ---_--4 ------ C_^--- 3.s3__ _______ \ / Rpi elo We approve the request of Dr. Richard Thomas to change like zoning of o his properly on the c of Broadway and Hobart to allow hiehaving aprprofessional office and/or residence there. L, - ----- - - - - ---------------- ------------------ - - - - ---------- - - - - COQ2 � Uac�l We approve the request of Or. Richard Thomas to change the zoning at 44y-/3 �- We approve the request of Or. Richard Thomas to change the aning of his property on the c of Broadway and Hobart to allow his having a professional office end/or residence there. cotl_ s7oktl3B�YA------2.--- cokr.L&AdP--1t(ke[-6 _-Y tc - A�HE O 94-132 Hili.• � &1 D N ON AC LDR Cx&ISD -- G&ISD LDR ®LDR T &PS 0 a U. . 94-132 APPUCATJON_FOR LAND_DEVELOPMENT_g4DE. AND HAP AMENDMENT TO: THE CITY COUNCIL AND DATE THE PLANNING BOARD OF BANGOR, MAINE:. No. 2 Address LL4D2 y or Po t_Ci.9_2_ .q42"lG1C Atldreas City or Post -Office Telephone hereby petition to amend the Land Development Code of the City of Bangor. Maine by reclassifyin from l_T2 district to the _� P� district for the Property outlined in zed n the maps attached hereto, Which are Part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if. any)-0�13 _V Total Area (acres or square feet) a.0, , Z 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street L:pSZ Sigma pF r$2OADw^Y I F a7 N Or ;+00411 . 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. 240 parcel g 6, EXISTING USE: Vr.Gq� _ 7. PROPOSED USE:__ POSSDv'4 OFC F S. NAME AND., ADDY SS OF OWNER OF RECORD: Name X.IGHpaZD IHOA14SfDG Address _.ZO_C3ftlhelll�ljl A\V� �Av6e2 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): g5 Ac 10. SIGNATURE OF OWNER OR CONTRACT OWNER:,_r�;4v'�13. �&,wG.S 11. REPRESENTATIVE OF APPLICANT: Name __ .. Thums�• Russell, Esq. (if applicable) - Mitchell 6 Stearns Address _ P.O. Box 702, 99 Franklin St. v 12. ATTACH ANY CONDITIONS PROPOSED FOR A CBangor, ME 04402-0702- ONTRACT ZONE REDDEST. RETURN FORM A D,DPL7CAT8 TO PLANNING DIVISION.. CIW HALL,, _NANCOR,_ ME. App] igati_on_fee _P£ocegain9 Adyertipipy Tgtal Zone Change (112 acre or less). $281.75 5200.00• `. $481.75 Zone Change (in excess of 112. acre) $451.00 S200.00* $651.00 Contract Zone Change $676:25 8250.00+ :. $926.25 $926.25 *Two Ada,Reguired PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE "' 96-132 PROPOSED CONTRACT ZONING CONDITIONS 913 BROADWAY The use, development and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: 1. Any nonresidential use of the property shall be limited to business offices or offices of professional persons, as those terms are currently defined in the Land Development Cade. 2. Any principal structure shall be designed and constructed so as to have a pitched, shingled roof; exterior siding that is residential in appearance; and windows and doors that are commonly used in the construction of single family homes. The foregoing condition shall not be construed a Precluding the use of ramps, windows, doors or other structures necessary or appropriate to provide access to or egress from the principal structure by a person with a physical disability. 3. The business or professional office use shall not occupy more than 3,900 square feet of gross floor area. The initial phase of construction may also include garage, workshop, or family room areas intended for future residential use, but said areas shall not be used in connection with the business or professional office use, except that any garage may be used for Parking by persons working on the premises. e. The total gross floor area for all structures on the Property shall not exceed 8,500 square feet. 5. Any signs identifying the uses located on the premises shall be limited to an aggregate of 50 square feet. $1 D ONT AC G&ISD LDR ® LDR re c 90-133 &PS 77� APPL]CA210N FOR_LANp _DRVELOPMENT.CODE AND -MAP ... AMENDMENT TO: THE CITY COUNCIL AND DATE THE PLANNING BOARD OF BANGOR, MAINE! NO - 1. I(NE) 2. .. of any c i t :nT ( .y�G03 9U� -7 �_ ., Address City'or Peat Office Telephone hereby petition to amend the Land Development Code of the city of Bangor, Maine by [eclassifyin from I r0 district to the �_ + (1__;__ _ drstrdct for the Property outlined in red on the maps attached hereto, Which are par[ f this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) __qJl V, Total Area (acres or square feet) 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street L:/5ST 519 pF 'P2. AUWAV,NTRTH or f+o Fj �(. O 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No.y40 Parcel 6. EXISTING USE:ijtl, _-- Gr PROPOSRD USE: `._DQfTO p,�gOFCk - _ -- NAME AND ADDRESS OF OWNER OF RECORD: Name .�\CHN2D.iHQu�S.IDC t Address 2O_(F-(�y,)LI„1�L�q J6a2 NAME AND ADDRESS OF CONTRACT OWNER (if such): SIGNATURE OF OWNER OR CONTRACT OWNER:, REPRESENTATIVE OF APPLICANT: Name ,, ._Thomas. A. Rue sell Esq-. (if applicable) Mitchell i Stearns r Address P.O. Box 702, 99 Franklin at, Bangor, ME 04402-0702 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM 6 DgPLICATE TO_PLANMJ,NO DIV;pXoN,. CITY HULL,__ BANGOR,_ ME, Appli_cati_oW_Ree PLOce€sins Ad Wrtilin3 Total Zone Change (1/2 acre or less)'' $281.75 8200.00a 5.��$481.75 Zone Change (in excess of 1/2. acie)„ $4@1.00' .$200.00+;.,. $651.00 Contact Zane Change so 6. 2!' � $250.00i $926.25 le *Two Ada Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE - 94-132 PROPOSED CONTRACT ZONING CONDITIONS 913 BROADWAY The use, development and/or operation of the subject premises shall he subject to the following limitations and/or restrictions: 1. My nonresidential use of the property shall be limited to business offices or offices of professional persons, as those terms are currently defined in the Land Development Code. 2. My principal structure shall be designed and constructed so as to have a pitched, shingled roof; exterior siding that is residential in appearance; and windows and doors that are commonly used in the construction of single family homes. Me foregoing condition shall not be construed as precluding the use of ramps, windows, doors or other structures necessary or appropriate to provide access to or egress from the principal structure by a person With a physical disability. 3. The:Dusiness or professional office use shall not exceed 5,000 square feet in gross floor area. 4. My signs identifying the uses located on the premises shall be limited to an aggregate of 50 square feet. 94-132 future residential use, but said areas shall not be used in connection with the business or professional office use, except that any garage my be used for parking by persons working on the premises. O. The total gross floor area for all structures on the property shall not exceed 8,500 square feet. E. Any signs identifying the uses located on the premises shall be limited to an aggregate of 50 square feet. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all theterms and conditions set forth above and the recording of said executed agreement i 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 a executed within ninety (90) days from the date of passage hereof, Ordinance shall become null and void. 96-132 D. My signs identifying the uses located on the premises shall be limited to an aggregate of 50 square feet. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement ofallthe 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 in not so executed within ninety (90) days from _ the date of passage hereof, this Ordinance shall become null and void. E 94-132 PROPOSED CONTRACT ZONING CONDITIONS 913 BROADWAY The use, development and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: 1. Any nonresidential use of the property shall be limited to business offices o offices of professional persons, as those terms are currently defined in the Land Development Code. 2. Any principal structure shall be designed and ainstructed so as to have a pitched, shingled roof; exterior ding that is residential in appearance; and windows and doors that are commonly used in the construction of single family homes. The foregoing condition shall not be construed as precluding the use of ramps, windows,' doors or other structures necessary or appropriate to provide access to or egress from the principal structure by a person with a physical disability. 3. The business or professional office use shall not exceed 5,000 square feet in gross floor area. 4. Any signs identifying the uses located on the premises shall be limited to an aggregate of 50 square feet. 94-132 Excerpt from Staff Memorandum for April 5, 1994 Planning Board Meeting. PUBLIC HEARINGS Item Mo. 5: Contract Zone Change - 913V Broadway - Dr. Richard Thomas - C.O. # 94-132 a. Applicant requests flnchange from Low Density Residential District to Contract Shopping and Personal Service District for a two acre parcel located at 913V Broadway. This item was continued from the March 15th Planning Board Meeting. b. Since the last meeting, the applicant has revised the proposed contract conditions. Condition #3 which limited the business and professional office to 51000 sq. £t. of gross floor area has been revised to state: The business of professional office use shall not occupy more than 3,900 square feet of gross floor area. The initial phase of construction may also include a garage, workshop, or family room area intended for future residential use, but said areas shall not be used in connection with the business or professional office use, except that any garage may be used for parking by persona working on the premises. The applicant included an additional condition which states: The total gross floor area for all structures on the property shall not exceed 5,500 square feet. C. The proposed conditions are an attempt to further limit the professional office use on the site. However, the conditions indicate that the initial phase of construction may include a workshop and family room which is intended for residential use and would not be included in the total office gross floor area. Dr. Theme would build his residence at a later date. However, there are no specific time frames for its construction. Will this area be used for office use until the family residence is constructed and what happens to this floor area if Dr. Thomas changes his mind and chooses not to build his residence at this site'! d. Regardless of the amended contract conditions, the fundamental situation has not changed (see March 15th Memorandum). The proposed contract zone change is not consistent with the City's Comprehensive Plan and fails to meet the "mandatory conditions^ for a contract zone change. Staff still would recommend that the Planning Board recommend denial of the proposed contract sone change at 913V Broadway to the City Council.