HomeMy WebLinkAbout1993-09-27 93-443 ORDINANCEIntIVIUMd For .
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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.
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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.
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Manager's Comments:
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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
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S&PS
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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.