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Home My WebLink About1993-09-27 93-444 ORDINANCEIntraduad Fa OPeaege O First fladbq _ hpe_of— ®flafertal ' Date September 27. 1993 Itm N1.93-444 Item/Subject: Amending Land Development Code - 164 Broedwey Rppomible Department Pleasing Division Commanuty: For Referral to Plarming Board Applicant is requesting a contract zone change for a parcel of lend located at 164 Broadway for a charge from URD-1 to M & W. Said parcel containing approximately 8,975 sq. ft. eprtwev Idal, Marupr i fommantt CI ' I � �4r Inwtn fClu7/ v � AsroclaJted Information: �/AlI1gI - 9udgt App eml: Fireee ~or Legal Appaval: 71h'5 i[1Pmp. kvi( Inpt/ulre Sl or 6 aktrr6lIH ✓•,Li f° /enP� SSPljPt yw Sm(On CN>SOINNr Rrym,.WA Atfon 09 1�f /FeM7^l' i30GrA. Intraduad Fa OPeaege O First fladbq _ hpe_of— ®flafertal ' Date Member 18, 1593 Ilam No. 93-644 RaMBubloeL Amending Lana Development Code - 162-164 Broadway - C.O. # 93-444 RapondMe pparement: Planning Division commentary: The Planning Board held a public hearing on the above noted contract zone change request at its regularly seheduled meeting on Catcher 5, 1993. Elizabeth K. Ebitz, Esq., and Judith W. Thornton, Esq., the applicants, spoke n favor of the proposed request.Robert Rosen, representing the property owner, alto spoke in favor. John Rohman,s neighboring residential property carner, spoke in opposition. Steve Tuekerman, another area residential property never, also spoke in opposition. The Board voted 5 to o in favor of a motion to reedronand to the City. Council that the contrast zone change request contained in D.C. # 93-444 be denied. aarpm"Mem Med Manager's Commenn: aA - A2�70„ eL4 nya.a.# Aswciated Iniormetion: �p,Wu,nu. � gPmgf a ng Budget Approval: N MeasureMeasre mfor Legal Apprwel:�A�/ ✓p,�s/� waw K YV ®LUMO'- bI oY Sam, yaRi pe�q 5 �a Introduced For . ❑PIS” i Most Reading pepee_of_ ❑Noferrvl Asalgned to Councilor S921 September 27, 1993 CITY OF BANGOR (TITLE.) MxililtttltC .,.-Adv rding..Land.Dewelopment. cola...... ............. __.. 16216¢,Broadway _. _.. Bek vrdaixed by the City ComoU of the Cies ofBawyor. aw fa(lowe: TWAT, the zoning boundary lines est;Mlished by the Lotting bap of the .,.City of Suncor dated October 28, 1991, as amended, be hereby further amended as follows: Parcel No. 110) from Urbarcel of lan Residence I Dihtrcated at 164 ictato�ppM1 tixg� No. r 48, amijy et:d service mor District.Said parcel of lana containing approximately 8,945 nft.,. and being more particularly indicated an the e map attached Hereto and made a pert hereof. PROVIDBD SorlEVER TnaT, in addition to the mandatory conditions imposed by Chapter VIII, Article 2, Section 6.6, of the ordinsncea of the City of Hunger, said change of zone is granted eubject_to the following conditions: 1. The use and/or operation of the subject premises scall be subject to the following limitations and/or restrictions: A. The parking requirements of the site will use adjacent off-sitaeparking that already exists. B. The subject site will share a 30 foot by 25 foot loading zone with the Penobscot Valley Health building. C. The proposed site will be limited to pf6fessional office D. There will be no addition to the existing floor area. 2. h ecution by those parties with an interest in the affected Property of an agreement providing for the Implementation and enforcement Of all the terms and conditions set forth above and the recording of cid executed agreement in the Penobscot County Registry of Deeds by teethe pirtyCcover, a coca of amid agreement being on file in the office Of Y incorporated herein by reference. In the event that cid agreement is not so executed within ninety (90) days from the date of passage hereof, this Ord1ranee 'ball become null and void.' 93-444 . ORDINANCE IN CITY COUNCIL September 27, 1993 ( I=,) Anending Land Development Cade 162-164 Referred to Appropriate Committee ned latGredi4. _ Broadway v CUT VILERK Aedgnedm IN CITY COUNCIL Oarobjjjje--r---////--��18, 199�'3�/� eb�1 wsi am CITY CvaNN IN CITY COUNCIL November 9, 1993 — Iniefinitely Postponed (in brad By Councilor Popper) 4ll CITY RR _ GARLAND STREET I I --- URD; -1 _-------i URD -2 -_----- - -I- --- -- ; SD O JMBERLAND 0 STREET URD 11-2 Fl 1 -- ---3 G&ISD 2 sslab F O z URD -1 TO M&SD CONTRACT 93-444 i APPLICATION FOR. LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND - DATE Sept. })e_ 993_ THE PLANNING BOARD OF BANGOR, MAINE: NO. " -'-- 1. I(WE) __Elisabeth Relly..Ebitz. Esq, and Judith, Harrell Thormmn, Bsq.__ 2. of ._ 15. Columbia_ BxKea5 P.O. Box 641, Banger, ME 04402-0641 947-8666 Address City or :Post Office - -- "-' Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by classifying from jdALL __ ict st—x district to the M�In re iiiaweaa aswice District dirfor te property outline V on th maps attached hereto, Which a part Of this application, and described as follows: re 3. ADDRESS OF PROPERTY (if any) _ 162-16_4 Broadway, Bangor Total Area (acres or square feet) 8775 Square Peet 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street West side of Broadway 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No.68.— Parcel 1,Q__ 6. EXISTING USE: Two -Family House. 7. PROPOSED USE:, _Professional_ Office___ S. NAME AND ADDRESS OF OWNER OF RECORD: Name Robert Rolsky, beneficiary of the Ida Rolsky Revocable Trust 1990 Address Wh 8 l 85 Beaver lake Road _.. 9. NAME AND ADDRESS OF CONTRACT OWNER (if surh):iteffsh, Montana 59937 - Elizabeth -Kelly Anita, Esq. 10. SIGNATURE OF OWNER OR CONTRACT OWNER:t. I dish llq[°a(-1�1j Thornton, Esq. 11. REPRESENTATIVE OF APPLICANT: Name Pro se (if applicable) - - Address 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. See Attachments RETURN FORM 6 DUPLICATE TO PLANNING, DIVISION, CITY HALL, BANGOR, ME. Application fee Pcoceggjpg Advertl$ing. Total Zone Change (1/2 acre or less) $281.75 $200.00* $481.75 Zone Change (in excess of 1/2 acre) $451.00 $200.00* $651.00 Contract Zone Change $676.25 $250.00* $926.25 *Two Ads Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE LAND DEVELOPMENT CODE AMENDMENT (ZONE CHANGE) PROCEDURES A. The Bangor band_ DevelopmentCode Reguirep: 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 n 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 must be scheduled to beheldby 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 innewspaper am least 10 days prior to the hearing and a notice must be mailedto suners of abutting property within 100 feet of the property bject to rezoning action. S. 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 r endation the City r Council must s n the z change request. (However, a proposed 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.s change r received est must be r by the Planning Office at leasts two weeks prior to the time of the Planning Board meeting at which the hearingwill be held (because of the time required for placement of lea a! advertisements in the n paper and initiation of the meanest on the City Council Agenda). 2. The Planning Board meets twice a month on the first and third esdays at 7:30 p.m. and the City Council meets twice a month on the second add `fourth Mondays at 7:30 p.m. (Except on holidays). C. Notification You will receive notice of the public hearing held by the Planning Board. After the Planning Board has voted on its recommendation to the City Council concerning your application, the City Council will consider your application at the next regular meeting. You will pot receive formal notice Of the City Council meeting. If You have any questi Ona regarding the status of your application, you should contact the Planning Office, City Hall, 945-4400, Ext. 206. ATTACBH8NT9 The applicants have a.Contract to Buy the subject site. See Exhibit A, with the purchase price deleted. Theattachedand incoiporated.site plan; Exhibit B, is for a professional office,which will have minimal impact on the site. This conditional use will not create any significant change in the neighborhood. The parking requirements of the site will use adjacent off- site parking that already exists. This has been approved by the Penobscot valley Health Association. See Exhibit C, attached hereto. Applicants need nine parking spaces for their 2466 square - foot building. We have five employees, including ourselves, who work from 8:00 a.m. to 5:00 p.m. approximately on weekdays. Penobscot Valley has a 3000 square foot office with two employees during the day and four employees at night. They have 44 parking spaces available. Previously, Penobscot Valley has leased one parking space. The subject site will share a 10 foot by 25 foot loading zone with the Penobscot Valley Health building. Bee Exhibit B. The use of the loading zone will be minimal to include OPS, post office, Federal Express, office supply and bottled water delivery. since we provide a service rather than a product, the number of deliveries is only minimally greater than the number of deliveries to a two-family residence. This site will provide a buffer yard for its new driveway and walkway connection to Penobscot valley in accordance with Buffer Zone C. The same Buffer Yard C will be provided to the Woodbury single family residence. The present two-family apartments will become one professional office with no,addition to the existing floor space. The proposed use would have minimal additional impact an the site. Respectfully submitted, Elitplaeth Rel y Ebitz, q. Ju 6 Vth Worrell Thornton, sq. q3 -yvY Excerpt from October 5, 1993 Planning Board Meeting Memorandum Item No. 5: Contract Zone Change - 162-164 Broadway - Ellzabeth Ebitz Esq. and Judith Thornton Esq. - C.O. k 93-444 a. GENERAL DESCRIPTION. Applicants request a zone change from Urban Residence 1 District to Multi -Family and Service District for a parcel containing approximately 8,800 sq. ft. located at 162-164 Broadway adjacent to the Penobscot valley Health Association site. b. LAND USE AND ZONING POLICY. The proposed Multi -Family and Service District zone change lies on the edge of a Proposed for high density residential use of the City'saLand Use Concepts Map. Subsequently, when the Land Development Code was in the process of being developed, there was a extensive study of densities and land use in this are, of the City to define and implement the objectives laid out in the Comprehensive plan to reduce potential densities in these areas and protect them from overcrowding which comes from conversions of single-family homes t0 multi -family and non-residential uses over time. The resulting zoning applied to this block (and the blocks both north and south of this block in this area of Broadway, lead to the establishment of the present URD -1 zoning in this block (with the exception of the Penobscot Valley Health Association property which is zoned G A ISD) and ORD -2 zoning for the block south of Cumberland Street (which allows for multi -family use up to four dwelling units only). Singling out of one parcel in this block and treating it differently from the rest of the area amounts to what is referred in the vernacular as "spot Zoning" which is really another way of saying that it is contrary to the City's Land Use and Zoning Policy for the area. c. URBAN SERVICES. This site has a full range of urban services and that would not he an issue in regard to this Sona change request. d. EXISTING CONDITIONS. Currently, the site is used for residential purposes with the existing building containing two dwelling Unita (which would be grandfathered under the Present zoning). The remainder of the block (with the exception of the Penobscot valley Health Association building) is comprised of single-family, another duplex and a fourplex onseries of very small lots. Lotting in this block ranges from under 3,000 sq. ft. to 8,500 sq. ft. of area with the exception of the Penobscot valley Health site and the one large single-family lot on the corner of Garland and Broadway (which is in excess of 20,000 sq. ft.). This is a good illustration of the reason that the City has i3-yfly changed the zoning in its new Land Development Code in these residential areas as residential densities on these 3,000 and 4,000 sq. ft. lets are comparable to those which are the upper limits for multi -family residential uses in, for ample, the City's HDR zoning district. The zoning across the street (Broadway) from this site is URD -2, which limits the number of dwelling units to four and does not permit conditional use offices. UDECIS O1 H CRIT -MIB. The primary criteria for aing decision such as this O is its consistency with the City's Comprehensive Plan. It is Staff's position that the Comprehensive Plan objectives in this a are to limit s intensity of u and protect the single-family and small apartment area from both higher intensity residential use and other nonresidential sidential uses. Therefore, Staff would recommend that the Planning Board not recommend this contract zone change to the City Council. The proposed contract conditions attached to this zone change request deal with the provision of parking on an adjacent site; the eof loading a n the adjacent site and limit the reuse to the existing floor a and to professional office use. However, the increase in activity generated by the establishment of the office use on this site is exactly what the City wishes to avoid in these residential areas. The contract conditions only acommodate the proposed use without really limiting its impact in any significant way. MBMORANollM T0: Bangor City CreaTAe FROM: Brace N. Shib sst. City Solicitor RB: 162-164 Broadway Contract Zone Change Council Ordinance i93-444 BATT: November 3, 1993 Please be advised that Ms. Ebitz and Ms. Thornton have withdrawn their Contract Sone Change request. See attached letter. For this reason, this matter should be indefinitely postponed. Per the Council's direction, at its October 18, 1993 seting, staff attempted to meet with the applicants to discuss some of the issues raised at that Council meeting. It was after these initial discussions, which included the idea of maintaining a certain amount of green space on the property, that Ms. Stitt informed me that the off-site parking requirement originally included in the Contract Zone Change request was unacceptable given nc the future uncertainty of their being able to meet that repairement.The letter confirmed Ms. ebitz's verbal discussion with myself. Please feel free to contact me if you have any further questions. The two neighbors who appeared in opposition, Mr. Ransom and Mr. Tuckerman, have been apprised of this development. to Attachment pc: Edward Barrett, City Manager Sohn Lord, Planning Officer EBITZ & THORNfON, P.A. Jwmmw.'XOPm°" October 22, 1993. , "NGO�o)97ws waam)m,aew Bruce Shibles, Esq. Assistant City Solicitor City Hall Bangor, ME 04401 Re: Zone Change Application for 162-164 Broadway Dear Bruce: I am writing at the present time in order to withdraw the contract zone change petition of Judith and myself. We are unable to accept the zoning condition of off-site parking. Although that would not be a problem to satisfy right now or during the neat five years, it may well be a problem in .the future with the green space requirement about which youhave insisted for the subject lot. Please share this decision an our part with the approptiate official. Very truly yours, Eliza th Kelly Ebitz EKE:klw cc Mr. Steven Menson, Bangor Planning Office 'Mr. John Lord, Planning Officer Mr. William England Mr. Robert Rosen (Enc.) 293-078.L7 r------- £`P. Ty� acs ?= 953 ®EraseE 6C -NT