The URL can be used to link to this page

Home My WebLink About1993-02-22 93-158 ORDINANCEIntroduced For . 0 FineReading ❑ Rom Rorerrai Few —of_ Date March 3. 1993 Item Na. 93-158 Amending Land Development Code - 12-I6 Second Street .Item/Sub' R: W C.O. N 93-158 Far ponsible Department: Planning Division ` Commentary: The Planning Board held apublic hearing on the above -noted contract zone change request at its regularly scheduled meeting of March 2, 1993. Roger HubertEsquire, representing the applicant spoke in favor of the application. Lynda Ciyve, Executive Director of the y.V.D.A.-also apoke in favor. No one spoke in opposition. The Planning Board voted 5 to 0 in favor of a motion to recommend to the City council that the contract zone change contained in C.O. d 93-158 be approved. Menage's Comments: Cuy Muugn Nsociated Information: / Budget Approved: /J Fimnre0ircao. Legal ApProyal: 7hi5 i�PM K4eiK5 iye fine ive Uculyy5lowmw yoF5 Af tiMl yKsza�y(. Introduced For . 0 FineReading ❑ Rom Rorerrai Few —of_ 93-158 Rapped to. Councilor Sullivan, February 22, 1993 _ CITY OF BANGOR (TITLE.) 0rlYWMtrPt amends ng..Land. o veIrece t Code ......::_.._ ............ 13-16 Second Street Be fi onledned by W City CVmdE of the City ofBaoyor, we foibms: 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 two parrcels of land located at 12 and 16 Second Street (Tax Map No. 42, Parcel Nos. 38 and 39) from Multi Family and Service District to Goverment and Institutional Service (Contract) District. Said parcel Of land Containing approximate- ly 15,000 sq. ft. 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 Ordinanc- es the City of Bangor, said change of sane is granted subject to the following conditions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. The property only be used for a parking lot; and B. The two existing multi -family structures be removed. 2. Execution by those parties with a interest in the af- fected property of an agreement providing for the implementation and enforcement of all the terms and conditions set forth above and the recording of said axecuted agreement in the Penobscot County Registry of Deeds by the propertyowner, 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 agree- ment is not so executed within ninety (90) days from the date of. passage hereof, this Ordinance shall became null and void. 93-158 Aevgned to Councilor Sullivan, February 22, 1993 CITY OF BANGOR (TITLE) Mrailtjl Amending Land Development code 12-16 Second street Be k ordaiud W W Cfty Cussed ofW City ofBaapor, as fo .* -" MAT the zoning boundary linea as established -by the Zoning Map - of the City of Hangar dated October 28, 1991, as amended, be hereby further amended as follows: By changing two parrcela of land located at 12 and 16 Second Street (Tax Map No. 42, Parcel Nos. 38 and 39) from Multi Family and Service District to Goverment and Institutional Service (Contract) District. Said Parcel of land containing approximate- ly 15,000 sq. ft. and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED HDREVER THAT, inaddition to the mandatory conditions imposed by Chapter VIII, Article 2, Section 6.6, of the ordinanc- es the City of Bangor, said change of zone is granted subject to the fallowing conditions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. The property only be used for a parking lot; and B. The two existing multi -family structures be removed. 2. Execution by those parties with an interest in the af- fected property of an agreement providing for 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, copy of said agreement being on file in the office of the City Clerk and incorporated herein by reference. In the event that said agree- ment is not so executed within ninety (90) days from the date of passage hereof, this ordinance shall become null and void. ' MEMORANDUM DATE: July 27, 1993 TO: Ruse McKenna, City Clerk FROM: Lynn Johnson, Planning Secretary SUBJECT: Original Copy of Contract Zone Change Agreement - C.O. R 93-158 Attached is the original copy of the Contract zone Change Agreement between the City of Bangor and the Bangor -Brewer Young Women's Christian Association for property located at 12 and 16 Second Street. Please keep this on file with C.O. R 93-158. L.P.J. 93-159 Awn ped to Councilor Saxl, February 22, 1993 CITY OF BANGOR (TITLE) (OriliVIUMPf A._n9.Ins t a Devol,gM r code .. _. sill leader Avenue and Garden Way Be it ordained by the City Cosuit of de Cite of Bangor, as Mawr THAT the zoning boundary lines as established by the Zoning Map of the City of Bangor dated October 28, 1991, as amended, be hgreby further amended as follows: By changing a part of a parcel of land located on Stillwater Avenue and Garden Way (Tax Map No. 55, Part of Parcel No. 12A) from Low Density Residential District to Shopping and Personal Service (Contract) District. Said parcel of land containing approximately 100,000 sq. ft. 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 Ordinanc- es 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 premises shall be subject tothe following limitations and/or restrictions: A. Property will be used for professional,office, therapeu- tic care andmedical rehabilitation. B.. Any buildings or land used or occupied and buildings acted, constructed, reconstructed, moved or structur- ally altered shall comply with the requirements of Part II General Requirements and Part IV Land Development Permit of Chapter VIII Land Development Code of the Ordinances of the City of Bangor and the following dimensional requirements: 1, minimum front yard building setback 40 ft. 2. minimum side yard building setback 15 ft. 3. minimum rear yard building setback 25 ft. 4. minimum parking lot setback 10 ft. 5. maximum building height 40 ft. 6. maximum building footprint to lot ratio 209 TO2 THE CITY COUNCIL AND THE FURRIER BOARD OF BANGOR, MAINE: 1..I(NN)�aBIoni-RreWe: x2 n�Christian 2. of_ "m4 hatsby petltlan to emend the Bangor[ Rasa by recleaaifyi district to yo« +• w app.ucetlon, and describe 3. ADDRESS OF PROPERTY (11 any) 12 + 16 Se Total Area (acres o2 sgnare E6et) 4, PROPERTY LOCATION (GBaeral 10cetiw)s Stata Street 400 yards. East of pine Southeasterly side at Second Street 5.. LEOAL DESCRIPTION OP PROPERTY _ Assess 6. EXISTING USE:- multi -Family a aitnent build 7. PMPOSED OSE:s . Paua„o Tot n S. HARE AND.ADDREEE OF GRRER OF RECORD: Ri 9. 'RAEE AM'MORESS OF CONTRACT OWNER (if 10. SIm!rDBR OF OWNER OR CONTMOT ORRERs,� 11. (If upGENTATIpE OF "MicANTs Rene _ LY (If applicable) I Address eane3 t) Se 12. ATTACH ANY CONDITIORS FROFO6M'FOR A M Annucation feat 11 1 Pecoss.e Eons Change (1/2 acre or lase) $273.50 Eons Change (in excess of 1/2 soma) $439.75 Contract Esas Change - $656.50 •TNo Ada Required PLEA52 READPROCESSING PROCEDURE ,em smerusaaa, mcn Iallws t Street iple South aide of eat Nap No. 42 parcel 38 6 39 I:l "T,J I Adv rti i Total 6200.00+ $473.50 $200.00+ $656.75 $250.00* $906.50 REVER99 SIDE Application for land Development Code and Map Amendment 12. - Attachment The race change will be granted on the conditions that I) The property only be used for a paricing lot; and 2) The two aisting multi -family sometimes be removed. Bangor -Brewer Yining Women's Christian Association 4C41 aecetive Director excerpt from Staff Memorandum for March 2, 1993 Planning Board Meeting Items No. 2: Amending Land Development Code - 12 and 16 Second Street - Banger -Brewer YMCA - C.O. R 93-140 a. General Description. Applicant requests a zone change from Multi -family and Service District (M S SD) to a contract Government and Institutional Service District (G A ISD) for a 15,000 sq. ft., 2 -lot parcel located at 12 and 16 Second Street. The contract conditions include: The property will be used only for a parking lot and that the existing multi -family structures be removed. b. Land Use and Zoning Policv. The Comprehensive Plan's Land Use Concepts and Zoning Policy Maps indicate that the gener- al use of this area s to be reserved for high density resi- dential uses. Theexisting zoning is primarily M A AD, with the exception of a USD (Contract) to the southeast, and G 6 ISD (YWCA site) across the street to the north. c. Urban Services. The site 1s currently served by a full range of urban services. d. Existing Conditiona. The lots currently have two multi -family structures (a 2 -unit and 5 -unit) located o them. The land uses surrounding this parcel vary greatly. To the east is the Broadlawn Rooming House and the Together Place (a non-profit community service.organization). To the southeast, is the Valentine school office building. To the south and west are multi -family residential uses. Across the street to the north is the YWCA. There is acritical shortage of off-street parking in this area due to the activ- ities of the YWCA and the small lots in the area. e. Decision Criteria. Under the mandatary conditions for a contract zone (Article 2, Section 6.6.(B)) the proposed zone s change must be consistent with the Comprehensive Plan; must be consistent with the existing uses re n the a and permit - led uses within the original zoningdistrict. In addition, the contract conditions must relate to the physical develop- ment or operation of the property. Although, the proposed zone change is not consistent with the Land Use Policy of the Comprehensive Plan, the proposed parking lot 1s consis- tent with the permitted uses within the original M 6 SD zoning. I. Recommendation. Although the Proposed zone change is not consistent with the Comprehensive Plan's Land Use Concept Map, it is consistent with the existing zoning and existing uses in the area. In addition, the proposed change does not represent an expansion of use. The Proposed change is an attempt to help alleviate an existing parking problem. Staff would recommend that the Planning Board recommend the contract zone change to the City Council. TOt TM CITY COUNCIL ADD TRS PLAINNING HDAAD OIIP BANGORr MIME 1. .I(=) a'aa^t-Breves Vn nk Wome - .2. of. �e.�.,.. .. Addreea� " City or Pest 01 hereby petition to amend flies Lead Dewe Amagor, Raine by reclassifying from Mme, district to theaand Property Outlined inrednon the maps a Part Of this application, need desoxi 3.ADDRESS OF PROPERTY (if any)l2+ 16 Se( Total Area (acres Or square feet) 4. PROPERTY LOCATION (General location)[ I State Straet 400 yards. Seat of Plate southeasterly aide of Second Street S•' LNGiL DESCRIPTION CP PROPERTY - Assesses 6. =ISTAG DEE;_ Multi-Familv apartment builds 7 PROPOSED 058;_c Tot S. NANS AND ADDRESS OF ORM OF RBCDRDI Ne �'. Addre 9. Mae MD_Alnetws OF CONTRACT ONNSR (!t 10. SIGINITORE OF ODmSR on CONTRACT OMMSAx 11. MR= M72STIVE OF APPLICANT[ Name LY. (if applicable) I . Address Banl 3] Ser 12. ATTACK ANY CONDITIONS PROPOSED'. POR A CO Ann— UXA=2n. —fee I Prceee zone Change (1/2 acre or lasey $293.50. Zara Change (10 8x[008 of 1/2 -acre) '$437.75 Contract zone Change $656.50. •Two Ade Required PLEASE READ-PROCESSIRG PROCEDURE 93-158 wn en r ; follows: Street y iple - youth side of 'set NAP no. 42 Paxcal 38 6 39 Eanoor-Brewer YWCA (16 Second StreeLl t Second c 4L 9); Bangor -Brewer YWCA (12DSeaona A St.) WE 04401 I. Clyvq Executive Director YWCA wer Bangor. cr EONE REDDEST. 'ISI ff", Msdertiaiw Total 9200.00• $473.50 $200.00* $656.75 $250.00+ $906.50 REVERSE EIDE 93-158 Application for lend Development Code and Map Amendment 12. - Attachment The zone change will be granted on the conditions that 1) The property only be used for a parking lot: and 2) The two existing multi -family structures be removed. Bangor -Brewer Young Women's Christian Association ma C1yv Executive Director Qit,9,w+ Introduced For ; Openings First Heading pope ElRolland Date February 16, 1993 Item No. 93-158 Item/Subject Mending the Land Development Code -'12-16 Second Street Responsible Department: Planning Divi sion Commentary: For Referral to the Planning Board. The applicant Is requesting a contract zone change for property located at 12-16 Second Street from Xulti•Family and Service District to Government and Institutional Service District. De1,4,mma Head Mmnager's Comments: cly.wrayu Associated lnrormaGon:6 y I - Budget Approval: Haom mureor Laval Approval: eiry sed,rer Introduced For ; Openings First Heading pope ElRolland 93-158 Aaigned to Councilor Sullivan, February 22, 1993 CITY OF BANGOR (TITLE.) (PrbiltUM Mending Land Development code Be U mebubmd by the city Cbwut! of Cie city ofBanvar, az ibuouv 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 two parrcels of land located at 12 and 16 Second Street (Tax Map No. 42, Parcel Nos. 38 and 39) from Multi Family and Service District to Government and Institutional Service (Contract) District. Said parcel of land containing approximate- ly 15,000 sq, ft, 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 Ordinate - as of the City of Bangor, said change of zone is granted subject to the following conditions: 1. The use e and/or operation of the subject premises shall be subject tothe following limitations and/or restrictions: A. The property only be used for a parking lot; and B. The two existing multi -family structures be removed. 2. Execution by those parties with an interest in the af- fected property of an agreement providing for the implementation and enforcement of all the terms and conditions set forth above and the recording of said axecuted 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 agree- ment is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. IN CITY COUNCIL February 22, 1993 Received let reeding - Reter ed to Appropria/tte Committee. kQ� CITY ER2 93-158 OPOINANCE ( TITLE.)1 ane Land Development Code 12-16 Second Street N / I/I n 6wIN CI MarchT10C0 993E CA (21 i � �/Al OV Passed by the following yes @xortzsm and no votes. Councilors voting yes: Blanchette, Bragg, Cohen,. Frankel, Soucy, Stone and Sullivan Councilors absent: Saxl and Shubert. CIri1 CLERK