HomeMy WebLinkAbout1993-03-22 93-199 ORDINANCEoma April 8, 1993 Item No. 9a-199
Amending Land Development Code - 375 Mt. Hope Avenue
nem/Subject. C.O. M 93-199
Responsible Department: Planning Division
fnmmentary:
Please be advised that the Planning Board held a public hearing on the above
noted contract zone change request at its regularly scheduled meeting on
April ], 1993.
Reverend Jonathan Falk, Steve Leavitt, Rick Dickinson, the Assistant Pastor,
Ken Johnson and Fred Lancaster, all representing the applicant, spoke in
favor of the proposed contract zone change request.
Charles Murray, Stan Israel, Frank McGarry and Stan Miller, all neighboring
property ow a s, spoke in opposition.
After considerable discussion, the Planning Board voted four in favor and o
opposed to r end to the City Council that the zone change request contained
in C.O. p 93-199 be approved.
wpim'sentflmA
Managers Comments: -
pay Mmwyn
Asmcimed Information:
Budget Approval: -
FmmrceFmmrceWur
Legal Approval:
City Salsa,
Introduced For .
First
FrsA a
C]Feeding Pogo_ of
93-199
AedgnM to Councilor Sullivan March 22, 1993
CITY OF BANGOR
(TITLE.) (ffiT1b11funce, Amen.d.ing.i.and Deveigpneno c e ..,.,,......
375 Mt. x p avenue
Be it ordained by W City Cassel of His City ofBaaper, an f llmex:
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 a parcel of land located at 375 Mt. Hope Avenue (Tax
Map No. R-63, Parcel No. 12) from Urban Residence One District
to Government and Institutional Service (Contract) District.
Said parcel of land containing approximately 63,925 an. 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 zone 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.
Permitted Uses - places of
worship, group day Care or
nursery
school - day care
center
(30 maximum).
B.
Maximum
Lot Coverage: 25%
C.
Maximum
Building Size: 15,000
SE
D.
Impervious Surface Ratio:
.6
E.
Maximum
Signage Size: 50
SF
F.
Minimum
Side Yard Depth:
50
feet East Side
C.
Minimum
Rear Yard Depth:
50
feet
H.
Maximum
Height Limit:
50
feet
93-199
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, 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.
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, 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.
93-199
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93-199
TO,
1.
APMIC&TIOM FOR LAND DRVELOPMTE M
THE CITY COUNCIL AND DATE
THE PLANNING BOARD OF BANGOR, MAINE: NO.
I(NB) Z/r',m Or2{,dvr /gqri�A (Q 6
MP REENONEET
7--'-%7
2.
of ?7f YMT Ib A �i,b✓S C
yv'x Bas✓
AAdteea City or Poet Office
Telephone
hereby petition t0 amend the Land Development
Code of the City of
Bangor, Maine by reclassifying Prom (/Rn 2
district to the QcI5/>
district for the
property outlined in red on the maps attached
hereto, which are
part of thin application, and described as follows,
3.
ADDRESS OF PROPERTY (if any) 37s Mi /4cpe /iW
iCAa .(
Total Area (acres or square feet) 3/S1�m
; > '
4.
PROPERTY LOCATION (General location), Example
- South aide of
State Street 400 yards. East of Pine Street
5. LEGAL DESCRIPTIONOF (/PROPERTY - Assessors Rap M0.9-0 parcel U.
6. EXISTING USE, C LP4
1. PROPOSED USE: Cahurck
8. NAME AND ADDRESS OF OWNER OF RECORD: Name Olgro: Or4AX J%sLyYrMn dUY4
Address 373'm7 //a� /&e BANg:r
9. RARE AND ADDRESS OF CONTRACT OWNER (if such): SIAM
10. SIGNATURE OF OWNER OR CONTRACT OWNERS /!� £��
11. REPRESENTATIVE OF APPLICANT: Name/ ecv,»
(if applicable) aov w, s..n �nY UAWOx asS tY
Address NI YVT-hC
12. ATTACH ANY CONDITIONS PROPOSRD FOR A CONTRACT ZONE REOUEST.
RETURN FORM A DUPICWE TO PLANE NG DIVI ON I Y HA OR NE
Anolication fee processing Advertisin Total
Zone Change (1/2 acre or less) - $213.50 $200.00* $473.50
Fore Change (in excess of I/2 -acre) $431.15 $200.00* $656.15
Contract Zone Change $656.50 - $250.00* $906.50
*Two Ade Required
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE
February 26, 1993
The below items are for consideration for the proposed Contract
Zone Change in a 6 4 ISD Zone:
Permitted uses - Places of worship
- Group Day Care or Nursery School
- Day Care Center (30 maxima)
Maximum Lot Coverage: 258
Maximum Building Sive: 15,000 SF
Impervious Surface Ratio: .6
Signage Size: 50 SF
Side Yard Depth: 50' Bast Side
Rear Yard Depth: 50'
Height Limit: 500
"PLICaTIOM MR AND DEVELOPS= C0 M I NT
TOt THE CITY COUNCIL AND DATE T_3—Y3
THE PLANNING BOARD OF BANGOR, NAINE: NO.
1. I(WE) Z//r, Ordos lre5l
2. of ?Jf /41 YT Nubs ,4ve iAA/�' r 9y2 -POs✓
Atldreee City ox Post Office Telephone
hereby petition to named the Land Development Code of the City of
Bangor, Raine by leselfying from
district to the _ G!-Scn tliefsiet for the
Property outlined in red on the maps attached hereto, Which are
part of this application, and described as £ollo z
3. ADDRESS OF PROPERTY (if arty) ,375.3 �5 MY k,u.. Qac Rkauc Qac Qx�¢
Total Arae (acres or equaxe feet) 63 c)f sf -Es. '
4. PROPERTY LOCATION (General location): Example - South side of
State Street 400 yards. East of Fine Street
5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map M0.9-13 Parcel (7,
6. EXISTING USB: C Harc(
I. PROPOSED USE: Cle:cl�/l
8. NAME AND ADDRESS OF OWNER OF RECORD: Name //ilgr,,. pillv,;dox ir,5 Y <n L4'uwa
Address 32> mIW' Ae dw jef'?Gr
9. AND ADDRESS OF CONTRACT OWNER (if mach): 5,4mer-f
30. SIGNATURE OF OWNER OR CONTRACT ONNENt
11. REPRESENTATIVE OF APPLICANT: Name�
licable mu,»
(if ap aov r.., e,.,n un
P ) r sn.sa ms s5ty
Adtlreae
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURNFORM D I TE Tb LANK „DIMS C TY N BAN HB
Application fee Pxmceeeina Adventisina Total
Zone Change (1/2 acre or leas) $273.50 $200.00* $473.50
Zone Change (in excess of 1/2 acre) $437.75 $200.00* $656.75
Contract Zone Change $656.50 $250.00* $906.50
*Tao Ade Required
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE
The below items are for consideration for the proposed Contract
Zone Change in a d'6 ISO Zone:
Permitted Uses - Places of Worship
- Group pay Care or Nursery School
- pay Care Center (30 maximum)
Maximum Lot Coverage:
35%
Maximum Building size:
15,000 SP
Impervious Surface Ratio:
.6
Signage size:
50 SP
Side Yard Depth:
50' East Side
Rear Yard Depth:
50'
Height Limit:
500
Excerpt from Staff Memorandum for April 7, 1994, Planning Board
meeting
PUBLIC HEARINGS
Item NO 4: Amending Land Development Code - 375 Mt. Hope
Avenue - Pilgrim Orthodox Presbyterian Church -
C.O. p 93-199
a. General Dese iption. Applicant requests a z change from
Urban Residence District (URD -1) t0 a contract Government
and Institutional Service District (G s ISD) for a 63,925
sq. ft. parcel located at 375 Mt. Hope Avenue. These condi-
tions include:
Permitted Uses - Places of worship
- Group Day Care or Nursery School
- Day care center (30 maximum)
Maximum
Lot Coverage:
256
Maximum
Building Size:
15,000
sq. ft.
Impervious Surface Ratio:
.6
Maximum
Signage Size
50 sq.
ft.
Minimum
Side Yard Depth:
50 ft.
(east side)
Minimum
Rear Yard Depth:
5o ft.
Maximum
Height Limit:
50 ft.
The church currently occupies a 2 -story, 5,600 sq. ft. struc-
ture on the site. The parking on-site is not adequate
which forces parishioners to parkin an adjacent office
parking lot and along the street. Places of worship are a
conditional Use n URD -1. However, they are required to be
located on a major street. Mt. Hope Avenue is not a major
street. This makes the church a grandfathered,
non -conforming use. If the church wanted to expand their
parking lot or expand their church facility it would be a
expansion of a -conforming a and would not be permit-
ted. The only zoning district which allows churches and
does not have a major street requirement is the Government
and Institutional Service District. Under the proposed
contract conditions, the church would be allowed to almost
triple in size and to provide day care services.
b. Land Use and zoning Policy. The Comprehensive Plan's Land
Use Concepts and Zoning Policy Maps indicate that the gener-
al use of this area is to be reserved for low density r -
dential a The existing zoning in the area is primarily
URD -1. However, there is Urban Industry District Contract
and Government and Institutional Service District zoning
near by.
c. Urban Services. The site is currently served by a full
range of urban services.
d. 8xstie co dy'
nThe church abuts single family residen-
tial uses o , east, and Teat of the site.
he
property to,the south is vacant. There is also an office
complex, a television transmitter area. station (WLBz) and a
SO -bed nursing Rome in the area,
e. Decision Criteria. under the mandatary conditions for a
contract zone (Article 2, Section 6.6.(8)) the proposed zone
change must be consistent with the Comprehensive elan; must
beconsistent with the existing uses in the area and Permit-
ted uses within the original zoning district. Ia addition,
the contract conditions must relate to the Physical develop-
ment or operation of the property. Although, the proposed
one change is net Consistent with the Land Use Policy of
the Comprehensive Plan, the expansion of the use is consis-
tent with the wide range of uses along Mt. Hope and would
have been permitted in the original zone, if it had been
located on a major street.
f. S&o Sndati cn. Although the proposed zone change i not
consistent Tfth the Comprehensive Plan's Land Use concept
Map, the existing church is consistent with the various land
in8would recommend
the
Planning
eardrecommendthecontractonechange to theCity cons -oil,
Introduced For
Pape_of_
ymatch ^l6,
Data 1993
Item No. 93_199
Item/subject: Amending
Land Development Code - 375
HL Hope Avenue
Responsible Department:
Planning Division
commerm":
For, Referral to Planning
Board.'
The applicant, Pilgrim Orthodox
Presbyterian Church,
I s requesting a cent ract
zone change from Urban Residence one District to Government and Institutional
Service District for its
property located at 375 Ht.
Hope Avenue.
-
.pm nnme
Manager i Comments:
eiymma er
Associated Information:
Butlge[Appmval:
Henna. arena.
Legal Approval
cilyso inrur
Introduced For
Pape_of_
93-199
Aeugned to Counelor Sullivan March 22, 1993
CITY OF BANGOR
(TITLE.) MC[iltSltt¢f Amending Land, Development code .........
Halt onfained by the City Connell of HW Qty o/Bamom. as fonou+s:
THAT the zoning boundary lines a established by the Zoning Map
oT the City of Bangor dated October 28, 1991, as amended, be
hereby further amended as follows:
By changing a parcel of land located at 375 Mt. Hope Avenue (Tax
Map No. R-63, Parcel No. 12) from Urban Residence One District
to Goverment and Institutional Service (Contract) District.
Said parcel of land containing approximately 63,925 sq, ft. and
being more particularly indicated on the map attached hereto and
made a part hereof.
PROVIDED HOWEVER KHAT, 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 sone 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.
Permitted Uses - Places of
worship, group day care or
nursery
school - day care
center
(30 maximum).
B.
Maximum
Lot Coverage: 258
C.
Maximum
Building Size: 15,000
SF
D.
Impervious Surface Ratio:
.6
H.
Maximum
Signage Size: 50
SF
F.
Minimum
Side Yard Depth:
50
feet Hast Side
G.
Minimum
Rear Yard Depth:
50
feet
H.
Maximum
Height Limit:
50
feet
93-199
ORDINANCE
IN CITY COUNCIL ( TITIE,) Amending Land Development Codi¢
nar<h 22, 1993 3T5 Mc. Hope Avenue
Received lar reading e
Refe Ted to Appropriate CaJi ties.
CLE
[o //
IN CITY COUNCIL
April 12, 1993
Motion to table and direct rct core change,
Dept. to x with a ontrcc f cchurc that
wouldallow
by the f a rebuiowing yes of the votes. failed
Co pass by voting
following yes and n voeea.
Councilors voting yee: Cabers, Saxl and Stone.
Shubert, voting n Sullivan.Blan.e tte.. Bragg, Frankel,
Question Soucy and livavote to Move the
Day Care Passed. " School
Co Neem by re ludingCenter Crone
Day Care or Nursery Motion
and Dab Care Center lee -
place of Worship. Motion fialed by CM1e Following yes
and n ngCouncilors voting yrs: Bragg, Soucy and Sullivan.Shube
Councilor voting no: BlanMove the
Question
n the Or er Pa Shubert
and Stone. Motion to wove rbe pfailedn on [fie by
Passed.
Motion for voeea.¢ of ntheci Order filled Co pias by the following
Yes and n votes. Councilors voting yea: Bragg, Soucy and Sullivan.
no; voting : R1ancM1eeee, Cohen, Frankel, Saxl, Shubert and
Stone.
'CITY CIYRR _