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HomeMy WebLinkAbout1993-09-27 93-443 ORDINANCEIntIVIUMd For . Firowt �FReeding Foga—°I— ❑ Referral Dole October 18,, 1993 Item No. 93-443 Amending Land Development Code - Off Stilleater Avenue - ❑omMblam: C.O. 8 93-443 RupomiMO Deparumnt: Planning Division Commen ay: The Planning Board held a public nearing on the above-noted zone change request at its meting on Celebes 5, 1993. Noroan ta sky, Esq., represented the'' applicant, and spoke in favor of the proposed request. No one spoke in opposition. The Clashing Board voted 5 to 0 in favor of a motion to reQ,unteand to the City Council that the zone ubarge request contained in C.O. d 93-443 be approved. BejAmMeW llm Manger's Comments: Cay Al'"Ver A Woiatej Inlormation:Q f l ' INAW AMovel: N R'araeea«iw legal A"weal• I f�ryli�irm+�i�!.c Uo7�s xcv� her ftk4l ' cgrotx t TY f s' rgjG IntIVIUMd For . Firowt �FReeding Foga—°I— ❑ Referral Introduced For i(ane( E3 Postage ❑Fleet lWading Faga_of_ ®Nohrml Dote September 27, 1993 Item No. 93-443 Item/Subjoct: AmendisC Lend Development Code - off Stillwater Avenue Pespondble Deportment: PlanriW Division, Commentary: For Referral to Planning Hoard. Applicant is requesting a zone chenille, item Shopping and Personal Service District to General Commercial and Service District for a parcel of land located off Stillwater Avenue (Hogan Read Extension). Said parcel containing approximately 1.5 acres. pn.m uw Manager's Comments: l mycclateMnlgnpiorrmmion: II�U'l Mtn Lx Budgt Approval: FiaaMn Oiecrw Legal Approval; This ikmA add ye�✓ire S or G er pryrmph'In Ye g Jpr Ylra� ®a;sety, eerseHrH.. /Lb�ateu( pe (PCOMM6 FPa, l% JTa P(4n�+M5 /:w4%I. C(W f' Jf! Mj1 iC. Pe. / �/ f[PlndnQ Introduced For i(ane( E3 Postage ❑Fleet lWading Faga_of_ ®Nohrml Aedgredto Councilor Sullivan September 27, 1993 /pp' CITY OF BANGOR GITLEJ (anbiu}mee, Amending Land Development code Off Stillwater Avenue Beit mdoin d by W My Cou#W of City olEarpor, as fWaus: 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 charging a parcel of land located off Stillwater Avenue (Tax Map No. R-61, Parcel No. 9B) from Shopping and Personal Service District to General Commercial and Service District. Said parcel of land containing approximately 1.yacres and being more particularly indicated on the map attached berets and made a part hereof. IN CITY COUNCIL September 27, 1993 Referred to Appropriate Committee RepelOpd lot reading. 93-443 ORDINANCE ( TITLE.) Amending. Land Development Code Off Stillwater Avenue Am4gney to ! Ado GwrsiIDun IN CITY COUNCIL October 18, 1993 Passed vote 9 yes Voting yes: BlancAette,Bragg,Caben, Frankel, Sari, Shubert, Soucy, Stone, &Sell van 2 Ci CLEBR 93-443 AgPL;CATION. POR_LHND DEVELOPMENT C0X.AND MAP. AMENDMENT TO: THE CITY COUNCIL AND DATE Sept. 13, 1993 THE PLANNING BOARD OF BANGOR, MAINE:.NO. 1. 2.' of lljj .vor_Mull Boulev_ra,_Bangory Maine94'1-'1289 ,. ^Address - c ty or Post Office —^ Telephone hereby petition to amend the Land Development Code of the city of Bangor, Maine by reclassifying from 8 & PS district to the -in red on the maps attached hereto, which are Part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any)___ Ragan Road Extension Total Area (acres or square feet) 1.545 as a e 3 4. PROPERTY LOCATION (General location): Example South side of State Street 400 yards. East of Pine Street North side of Hogan Road Proposed Extension S. LEGAL DESCRIPTION OF PROPERTY - Assessors Nap no. B-61 Parcel 7B S. EXISTING USE: Vacant Land V. PROPOSED USE: OtCice/Aeta11 S. NAME AND ADDRESS OF OWNER OF RECORD: Name _ CMS, Inc. Address _ 11 -Bangor Moll Boulev_e_rd 9. NAME AND ADDRESS OF CONTRACT OWNER (if such); Bangor, w 04403 10. SIGNATURE OF OWNER OR CONTRACT OWNER:. _/g/ Anthony Valley _ 11. REPRESENTATIVE OF APPLICANT: Name_ Antbony Valley _ -(if applicable) -- -- --- Address 11 Bangor Mall Boulevard, Bangor, ME 04401 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM dDUPLICATE TO.,PLANNINC-DdVLSION, CITY HALL,, SAN55pR,-, NE. Appl.ication_EeS Processing Advertising Total Zone Change (1/2 acre or less) $281.75 $200.00* ' $481.95 Zone Change (in excess Of 1/2 acre) 8451.00 $200.00* , $651.00 Contract Enae Change $695.25 5250.00* $926.25 *Two Ads Required PLEASE READ PROCESSING PROCEDURE ON .REVERSE SIDE 0 S&PS TO GC&S I I I .00mim"@- -- S&PS I ,J: 93-443 %3-YY3 LAND DEVELOPMENT CODE. AMENDMENT _(ZONE CHANGE). PROCEDURES A. The_Bangor_Land_,Development_Code.R4guiges: 1. Applications for zoning amendment must be filed in the Planning Division Office at City Hall (with necessary advertising and processing fees). 2. A council cil Order containing the proposed zoning amendment must be drawn up by the Planning Office and placed on the Council Agenda. 3. A public hearing most 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. 5. 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 an the zone change request. (However, a000sed 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 v change request must be received by the Planning Office at leaste two weeks prier 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 newsnaver 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 and fourth Mondays at 7:30 p.m. (Except an holidays). C. Notification You will receive notice of the public hearing 'held by the Planning Board. Afterthe Planning Board has voted an its recommendation to the City Council concerning your application, the City Council will consider your application at the next regular meeting. 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. 93-�3 Excerpt from October 5, 1993 Planning Board Staff Memorandum Item No 4: Zone Change - Off Stillwater Avenue - CMI Inc. - C.O. R 93-443 a. 98N8 DESCRIPTIO . Applicant requests a zone change from Shopping and Personal Services (8 A PH) District to General Commercial and Service District (GC S S) for a 1.54 acre Parcel located off Stillwater Avenue along the proposed Hogan Road Extension. b. LANA USE AND ZONING POLICT. The City's Comprehensive Plan Land Use Concept Map indicates that this area should be reserved for commercial uses. Historically. Hogan Road has been the dividing line for the 8 S PS and the CC e S zoning districts. With the proposed extension of Hogan Road across Stillwater Avenue, Staff feels that the extension should remain as the divider for the two zoning districts. c, URB_AN�EgV�E9. The Proposed parcel iswithin the Primary Service Area and could be served with afull range of public utilities and services. d. BF TING CONDITIONS. This land -locked parcel 1a currently vacant. It is bordered by the Country Inn to the east and by a single family residence to the north. The property to the west and south along Stillwater Is currently vacant. The area surrounding the property is zoned entirely S 6 P8. e. DECISION CRITeR IA. The basic issue for any zone change is its consistency with the City's Comprehensive Plan. The Comprehensive Plan calls for this area to be reserved for commercial uses which it is currently zoned. The applicant's request is to Change the commercial zoning from S S PS to OC 6 S. Although there is a great deal of overlap between the uses allowed In these two districts, the GC s 8 does allow a alightly wider range of uses In addition, the development standards in the Ge d 8 District are more flexible. f. RBCOMMEEDATION. Because the propose zone change is consistent with the City's Comprehensive Plan and i consistent with the historic Policy of using Hogan Road as the divider between the two commercial districts, Staff would recommend that the Planning Board recommend approval of the proposed zone change to the city Council.