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Home My WebLink About1992-01-13 92-84 ORDINANCEGW OCO Action Data X992 Item No. 92-84 Amending Land Development Code - 703 Essex Street Item/Subject: Responsible Department: Planning Division Commentary: For Referral to Planning Board. The applicant is proposing acontract z change for the church property located at 703 Essex Street. The proposed change is from an Urban Residence I District to a Government and Institutional Service District (Contract). Manager's Commeols: LityMannyar Associated Information: Budget Approval: 2.e co Dire Legal Approval: city So¢itar Introduced For 0 Passage ®First Reading Pap —of_ 92-84 (AS AMENDED) Ae®pmd to Councilor CITY OF BANGOR (TITLE.) (orbift ttrle, Amendd in1. 1g to D elopmeat1 cone 11 703 Essen Street & a ordairwd by Ge City Couuil of Use City ofBaapar, as Alleged THAT thezon ing boundary Imes as established by the Zoning Map of the City e£ Bangor dated October 28, 1991, as amended, be hereby amended as follows: By changing a parcel of land located at 703 Essex Street (Tax Map. No. R-49, Parcel No. 1) from Urban Residence 1 District to Government and Institutional Service District, Said .parcel containing approximately 6.4 acres and being more particularly indicated on .the map attached hereto and Madea part hereof. PROVIDED HOWEVER, THAT, in addition to the mandatory conditions imposed by Chapter VIII, .Article 2, Section 6.6, of the Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. That a and/or operation of the subject pram ass shall be subject to the following limitationsantler restrictions: A. Any expansionrequiringa Sand Development Permit will require the site to meet bufferyard standard o0;^ B. Floor area limit willberestricted to'a total development of primary add secondary use structures not exceeding 22,000 sq. ft.; C. Parking lot limit will be restricted to a total parking capacity of 210 vehicles; D. Subdivision of this lot will not take place; and E. Existing primary use will be maintained except a Day Care Center for a maximum of 49 children will :also be all owed. 2. Execution by those parties with an interest in the affected .property of an agreement providing for the implementation and enforcement of all the terns 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 agree- ment being on file in the office of the City Clerk and incorporated herein by reference. In the event that said agreement 1s not so executed within ninety i(90) days from the date of passage hereof, this Ordinance shall become null and void. MME ion Date Jan. 22, r1992 Item No. 92-84 Mending. Land Development Code - 703 Essex Street - C.0; M Item/8ubjece 92-84 (As Amended) Responsible Department: Planning Division Commentary: The Planning Board at its regularly scheduled meeting of January 21, 1992, held a public hearing on the above -noted contract zone change request. Madonna Flanders, Reverend.lrvin koelker, and John Rohman, all representing the applicant, spoke in favor of the proposed contract zone change request. Judith and Roger Atwater, abutting property w expressed c about additional parking, the hours of operation of the day c and whether or o not other commercial uses could be placed upon this propertyof the property were sold. The Planning Staff r mended approval of the contract z change request with the amended conditions as noted on C.O. ff 92-84 (As Mended). The Planning Board voted ananimously in. favor of a motion to recommend to the City Council that the zone charge request contained in 92-84 (As Amended) be approved. OeMrM1nem NepvA Manager's��'�A-� eiq Muruger Associated Information Oi�°^wr [ Budget Approval: Fin ..e Din'rler Legal Approval: City SWw wr Introduced For ®Passage - r, �:._. w__. __ Page— of — Bya,Tn Assigned to Councilor Sawyer, January 13, 1992 o-- CITY OF BANGOR (TITLE.) (OrYMMUtl Amending Land Development _.Code ........ _ 703 Essex Street _:... .- __. ............. .I __. Be it ordained by Us City Coww! of the City ofBaapor, as Argonne THAT the zoning boundary lines as established by the Zoning. Map of the City a2 Bangor dated October 2a, 1991, ns amended, be hereby amended as follows: By changing a parcel of land located at 703 Essex Street (Tax Map No. R-49, Parcel No. 1) from Urban Residence 1 District to Government and Institutional Service District. Said parcel Containing approximately 6.4 acres and being more particularly indicated on the map attached hereto and madea part hereof. PROVIDED, HOWEVER, THAT, in addition to the mandatory conditions Imposed by Chapter VIII, Article 2, Section 6.6, of the Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. That use and/or operation of the subject premises shall be subject to the foil owinglimitations and/or restrictions: . A. Buffer Yards shall meet current ordinance requirements for G 6 ISD zone. B. Floor Area Limit will be restricted to a total development of primary 7nd -secondary use structures not exceeding 22,000 S. F. C. Parking Lot Limit will be restricted to a total parking capacity of 210 Spaces. D. Subdivision of the lot will not take place. E. Existing Primer use will be maintained except a Day Care use for a maximum of 49 children will also be allowed. 2. Execution 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 said executed agreement n the Penobscot County Registry of Deeds by the Property owner, a copy of said agree- ment being on file in the office of. the City Clerk and Incorporated herein by reference. In the event that said agreement i not s executed within ninety (90)' days from the date of Passage hereof, this Ordinance shall become null and void. 92-94 Auipmd to Councilor Sawyer, January 13, 1992 CITY OF BANGOR (TITLE.) Mrbh 8l Cga Ame^d ng'L a nal Be velognwt Coda 703 Essex Street his 4 ordaiwd Ey W MY Council of the CUR OrBanhar, aefolbme: THAT the zoning boundary lines as established by the Zoning Map of the City a£ Bangor dated October 28,. 1991, as amended, be hereby amended as follows: By changing a Parcel of land located at 703 Essex Street (Tax Map No. R-49, Parcel No. 1) from Urban Residence 1 District to Government and Institutional Service District. Said parcel containing approximately 6.4 a and being more particularly Indicated on the map attached hereto and made epart hereof. PROVIDED, HOWEVER, THAT, in addition to the mandatory conditions imposed by Chapter VIII, Article 2, Section 6.6, of the Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. That use and/or operation of the subject Premises shall be subject to the fell winglimitations and/or restrictions: A. Buffer Yards shall meat current ordinance requirements for G a ISD zona. B. Floor Area Limit will be restricted to a total development of primary and secondary use structures not exceeding 22,000 S. F. C. Parking Lot Limit will be restricted to a total parking capacity of 210 Spaces. D. Subdivision of the lot will not take place. E. Existing Primary use will be maintained except a Day Care use for a maximum of 49children will also be allowed. 2. Execution by those parties with an interest in the affected property of an agreement providing. for the Implementation and enforcementofall the terms and conditions set forth above and the recording of said executed agreement n the Penobscot County Registry of Deeds by the Property owner, a copy of said agree rent being on file in the office of. the City Clerk and incorporated herein by eference. In the event that said agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. 92-86 ONOINANCE ( TITLE,) Amerdiag Land Development Code 703 Essex Street In City Council January 13,1992 refered to appropriate Committee consider next meeting / um� AeAre a to Wek r City Clerk — CWIILQ In City Council January 27,1992 Council voted Councilors Frenkel, Sawyer No Conflict Medici by Substitution & Passed by the Sollewing vote 9 Yes Voting Yee Baldacoi,Blanchette,Bragg Cohen,Frankelr Berger, Saxl, Soucy, Stone �J MMMIIWMINN� 9I-86 j R CONTRACT EN� APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE December 20, 1991 THE PLANNING BOARD OF BANGOR, MAINE: N0. 1. I(WE) First United Methodists Church 2. of 703 Essex Street, Sanger, ME 04401 (207) 945-9567 Atldxess Ci[y or Post Office Telephone hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from UED-i zone to the Contract G 4 ISD sone the property ou Honed in redin red on the maps attache�hich are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 703 Essex Street Total Area (acres or square feet 6.4 Acres 4. PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. East of Pine Street East aide of Essex Street, North,uf watchmaker Street 5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. R49 Parcel 1 6. EXISTING USE: Church and associated uses ]. PROPOSED USE: Church and associated uses S. NAME AND ADDRESS OF OWNER OF RECORD: Name First United Methodist Church Address 703 Essex Street, Bangor 9. NAME ANDADDRESSOF CONTRACT OWNER (1E `such)[ Glenn -0. Never 10. SIGNATURE OF OWNER OR CONTRACT OWNER: L1 11. REPRESENTATIVE OF APPLICANT: Name Bohn M. Solman, WBRC A/C lif applicable) Address 44 Central Street, Bangor (207) 947-4511 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM L DUPLICATE TO PLANNING DIVISION. C,ITTV HALL BANGOR ME O L Application Fee: Processin e2t iina Zone Change (1/2 acre or leas) DO X91 00Stall,00 Zone Change (in excess of 1/2 0 - 0\. 0 50.00 acre) \. Contract Zone Change0.00 SBSy .00 *Two Ada Required �� \ PLEASE READ PROCESSING PROCEDURE ON RSVENSE SIDE 92-84 2427/FIRST UNITED METHODIST CHURCH CONTRACT ZONE CHANGE CONDITIONS January 3, 1992 (from December 20, 1991) Buffer Yards shall meet current Ordinance requirements for G and ISO zone. Floor Area Limit will be restricted to a total development Of primary and secondary use structures not exceeding 22,000 S.P. Rarking Lot Linit will be restricted to a total parking capacity of 210 Spaces. , Subdivision of the lot will not take place. Existing[ primary use will be maintained except a Day Care use for a maximum of 49 children will also be allowed. APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT T0: THE CITY COUNCIL AND DATE December 20. 1991 THE PLANNING BOARD OF BANGOR, MAINE: N0. 1. I(WE) First United Methodist. Church 2, of 703 Essex Street. Bangor, HE 04401 (207) 945-9567 Atld case C [y oc Pos[ OEE ice Telephone hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from URD -1 zone to the Contract O 6 ISD zone the property outlined in red on the maps attached hereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (Lf any) 703 Essex Street Total Area (acres or square, feet) 6.4 Acres 4. PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. East of Pine Street East side of Essex Street, North..of watchmaket Street 5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. R49 Parcel 1 6. EXISTING USE: Church and associated uses Z. PROPOSED USE: Church and associated uses E. NAME AND ADDRESS OF OWNER OF RECORD: Name First United Methodist Church Address 703 Essex Street, Bangor 9. NAME AND ADDRESS OF CONTRACT OWNER (i£ such)z Olson E. Hower 10. SIGNATURE OF OWNER OR CONTRACT OWNER: I 11. REPRESENTATIVE OF APPLICANT: Name Sohn M. Rothman, WBRC A/E (i£ applicable) Address 44 Central Street, Bangor (207) 947-4511 12. ATTACH ANY CONDITIONS PROPOSED FOR A -CONTRACT ZONE REQUEST. RETURN FORM 6 DUPLICATE TO PLANNING DIVISION, CITY HALL BANGOR ME O� Applies (1/2 Fee-. Prod etC00in [al Zane Change (1/2 acre or lana) y�',, 00 11'^00 00 Zone Change (in excess of 1/2 �+.�. 0 0. 0 50 00 acre) Contract Zone Change 0.00 $85'Q.00. *Two Ads Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE v 2427/FIRST UNITED METHODIST CHURCH CONTRACT ZONE CNANGE CONDITIONS January 3, 1992 (from December 20, 1991) Buffer Yards shall meet Current ordinance requirements for G and ISD sone. Floor Area Limit will be restricted to a total development of primary and secondary use structures not exceeding 22,000 S.F. _ - Parkins Lot Limit will be restricted to a total parking capacity of 210 Sne Subdivision of the lot will not take place. Existing Primary use will be maintained except a Day Care use for a maximum of 49 children will also be allowed. MEMORANDUM DATE: January 14, 1992 ' TO: The Planning Board FROM: The PI seeing Staff - SUBJECT: Agenda Review - January 21, 1992 Planning Board Meeting PUBLIC BUSING Item No 1: Contract Zone Change - First United Methodist Church - 703 Essex Street - C.O. g92-84 m. General Description. APplicant requests a contract sone change from Urban Residential District 1 to Goverment and Institutional Service District (G 6 ISD) for a 6.4 acre parcel located at 703 Essex Street. Applicant proposes to make this sone change conditioned upon: 1. Any expansion requiring a Land Development Permit will require the site to meet bufferyard standard "B"; II. Floor area limit will be restricted to a total develop- ment of primary and secondary use structures not exceed- ing 22,000 sq. ft.; 111. Parking lot limit will be restricted to a total parking capacity of 210 vehicles; ' IV. Subdivision of this lot will not take place; and V. Existing primary use will be maintained except a Day Care Center for a maximum of. 49 children will also be allowed. b.1111111ID1 loning Policy.The Comprehensive Plan indi- cates that the proposed use of this general area is for low density residential uses. However, there is Currently a 11,500 sq. ft. church complex and an approximately 130 -space parking lot on the property, in addition, .the church also operates a nursery on the premises. C. Urban The property is within the Primary Service Area and is currently served by public sewer and water. The increased development which would be allowed in this pre - Posed contract sone change would not significantly impact theme utilities. d. Exietinc Conditions. There is an existing church complex O the site. The proposed contract condition to limit develop - sent On this 6.4 acre parcel to 22,000 sq. ft. is Ear more restrictive than the development standards of the sone. This condition significantly reduces the impact of any Proposed expansion on the surrounding residential uses. In addition, any expansion would require the applicant to meet bufferyard requirements to help screen proposed uses from adjacent properties e. Decision criteria. The Comprehensive Plan indicates that the proposed we of this general area is for low density residential uses. Although, the proposed contract Zona change is not consistent with the Comprehensive Plan it is consistent with the existing development on the site and would make this church complex a conforming use. (Prior zoning ordinances allowed churches in residential district, as special exceptions.) I. Bec*Wzendation. The Proposed zoning is not consistent with either the Land Use Concept Nap or the Zoning Policy Nap of the City's Comprehensive Plan. However, the uses allowed in the proposed contract sone change are consistent with uses currently existing on the property. The Parcel is within the Primary Service Area and public utilities will not be significantlyaffected. The restrictive contract conditions along with the size of the proposed parcel significantly reduce the impact of any. Proposed expansion on adjacent residential uses. Staff would recommend that the Planning Board recommend this contract sone change request to the City Council.