HomeMy WebLinkAbout1991-08-12 91-314 ORDINANCE® CWIn51I Action
Data August 5, 1991
i¢bN&nEtat, erdenayAnendinWZoning Ordinance - Stillwater Avenue and
Reirs°naM8 De15s^^ntt Planning Division
For Referral to Planning Board.
The applicant is requesting a contract zone change for Property
located off Stillwater Avenue and Garden Way.
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C. No direct access from the site to Stillwater Avenue.
D. Any parking.areas: along the northwest boundary of the
property shall be screened at a minimum withjconiferous
planting of at. least four (4) feet in height at time of
planting.
2. Execution by ,those partieswith a interest in the affected
property f an agreement providing for thenimplementation and enforce-
ment 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 f the City Clerk and incorporated herein by reference. In
the event that said agreement is not s cuted within ninety (90)
days, from the date of passage hereof, thiseOrdinance shall become null
and. void. I
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CONDITIONS FOR PROPOSED CONTRACT ZONE
FOR PROPERTIES OF MAS, INC. AND JAC_CO-EAC
1. Property will be used for professional and business offices
only.
1. Any buildings or land: used or occupied and buildings
erected, constructed;: reconstructed, moved, or structurally
altered shall comply with + the. requirements Of Article 31 of
Chapter VIII ofthe ordinances of the city of Hangar and the
following dimensional requirements:
a. Maximum lot coverage: 35%
b. Maximum floor ratio: .4
C. Maximum impervious ratio: .J
3. No direct access from the site to Stillwater Avenue.
4. Any parking areas along the northwest boundary of the
Property shall be screened at a minimum with coniferous
planting of at least four (4) feet in height at time of
planting.
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APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT
TOe THE CITY COUNCIL AND DATE 5/31/91
THE PLANNING BOARD OF BANGOR, MAINE: NO.
1. I(WE: I MRS, Inc. and 3AC-CO-SAC
2. of c/o Rudman & Winchel 1, 84 Harlow Street, Bangor, Maine 20]-94]-4501
Ad ress Ctty or Post 0 ce Telephone
hereby petition to amend the zoning ordinance of the City of
Bangor, Maine by reclassifying from R -1A sone to
the C-2 zone the property out ned in red on the maps
attached hereto, which are part of this application, and
described as follows:
3. ADDRESS OF PROPERTY (if any)
Total Area (acres or square ee p,Bfi acres
4. PROPERTY LOCATION (General Description): Example - South side of
State Street 400 yds. East Of Pine Street
North side of Stillwater Avenue adjacent to I-95. The property of MRS, Inc. is
described in Exhibit A. The property of JAC-CO-SAC is described (�i,n'Exhibit B.6���
OARfaF 1 . c PABrdF
5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No.k SC Parce112 A
6. EXISTING USE: varnnt
I. PROPOSED USE:
S. NAME AND ADDRESS OF OWNER OF RECORD: Name Applicants
9. NAME AND ADDRESS OF CONTRACT OWNER (if such)
10. SIGNATURE OF OWNER OR CONTRACT OWNER: MRS, a C
BX. IS
Paul L. Kudm ,, orAttrney
11. REPRESENTATIVE OF APPLICANT: Name Paul I. Rudman
(if applicable)
Address 114 Harlow Street Bann Or, ME 04401
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN FORM 6 DUPLICATE TO PLANNING DIVISION, CITY HALL BANGOR, ME.
Application Pee: - Processing Advertising Total
Zone Change $90.00 $ 5000 _.$140.00�i �
Contract zone Change 90.00 250..00• _ $340.00
*Two Ade Required
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE
RECEIVED JUN 0 5 1991
CONDITIONS FOR PROPOSED CONTRACT SOME
FOR PROPERTIES OF MRS INC. AND SAC -CO -SAC
1. Property will be used for professional and business offices
only.
2. Any buildings or land used or occupied and buildings
erected, constructed, reconstructed, moved, or structurally
altered shall comply with the requirements of Article 21 of
Chapter VIII of the Ordinances of the City of Bangor and the
following dimensional requirements:
a. - Maximum lot coverage: 25%
b. Maximum floor ratio: .4
c. Maximum impervious ratio: .]
3. No direct access from the site to Stillwater Avenue.
4. Any parking areae along the northwest boundary of the
property shall be screened at a minimum with coniferous
Planting of at least four (4) feet in height at time of
planting.
RECEIVED JUL 2 6'061
Dsm August 21 1991 ham NO. 9 -314
Amending Zoning Ordinance - Stillwater Avenue and
Item(8ubpeD Garden Way (Contract Zone Change) - C.O. ; 91-314
Retpamibie DeprtmmH: PlanningDivision
Ciao
The Planning
.
ning Boardrequest
held a public hearing on the above -noted centric
zone change request ax its regularly scheduled meeting of August
20; 1991,
Paul Rudman, Esq., represented the applicant. He discussed the
proposed contract conditions as well as thezoning in the
surrounding area. James Parker spoke in favor of the Proposed
zone change. Carl Snow reviewed the recent gift of adjoining land
to the City for a wildlife preserve.
Sim Allen, Jim Nadeau, and Site Junkies, all residents of Stillwater
Gardens, spoke in opposition. Theyall expressed concern ab
increased traffic on Drew Lane and in the area of the residentout
ial
subdivision (Stillwater. Gardens).
The Planning Staff recommended approval as the zone change was in
keeping with the neighboring'conaract zoning and the conditions
as proposed helped to mitigate adverse affects of the proposed use.
The: Planning Board voted 4 t 1 in favor of a motion to recommend
to the City Council that the contract zone change eq X contained
in C.O. 91-314 91-314 be approved.
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91-314
Auiped to Cooncdor Sosoaud, August 12, 1991
�p
CITY OF.: BANGOR
(TITLE) Mrbir@Rtrpr....... ......__._.dmemli.ng..Zoning_Ordinance....._....._._._.....____.
Stillwater Avenue and Garden Way
Bs a at"by 0s Me CeawiU ofas GUN ofBGnssr. aefoyoroo:
THAT, the zoning boundary lines as established by the Zoning Nap
of the City of Bangor dated September 23, 1974, as amended, be
hereby further amended as follows:
By changing parts of parcels of land located off Stillwater Avenue
and Garden Way (Tax Map No. 55, Part of Parcel No. 12 and Part of
Parcel No. 12A) from Residential IA Zone to Commercial 2 Zone.
Said parts of parcels containing approximately 2.43 acres and being
more particularly indicated on the map attached hereto and made a
Part hereof.
PROVIDED, HOWEVER THAT, in addition to the mandatory conditions
impoaed by Chapter VIII, Article 21, Section 11.3, Ordinances of
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. Property will be used for professional and business
offices only.
B. Any buildings Or land used or occupied and buildings
erected, constructed, reconstructed, moved, Or structurally
altered shall comply with the requirements of Article 21
f Chanter VIII of the Ordinances of the City of Bangor
and the following dimensional requirements:
1)- Neximom lot coverage: 25%
2) Maximtaa floor ratio: .4
3) Maximum impervious ratio: .7
C. No direct access from the site to Stillwater Avenue.
D. Any parking areas along the northwest boundary of the
Property shall be screened at a minimum with coniferous
Planting Of at. least four (4) feet in height at time of
planting.
2. Execution by those parties with an interest in the affected
property of an agreement providing for the implementation and enforce-
ment of all the terms and conditions set forth above and the recording
of saidexecuted 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 agreement is not so executed within ninety (90)
days from the date of passage hereof, this Ordinance shall become null
and. void.
APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT
TO: THE CITY COUNCIL AND DATE 5/31/91
THE PLANNING BOARD OF BANGOR, MAINE: NO.
1. I(We) MRS, Inc, and JAC-CO-SAC
-
2.
of C/o Rudman A Wlnchell, 84 Harlow Street, Bangor, Maine 207-947-4501
Ad ress City or Post O frce
Te ephone
hereby petition to amend the zoning ordinance of the
City of
Bangor, Maine by reclassifying from R-lA
to
a property -outlined Ctho16t lfined in re
theattac az
zone
on the maps
e�to, which arezone
p application,
and
described as follows:
3.
ADDRESS OF PROPERTY (if any)
Total Area (acres or square eat E.EB acres
4.
PROPERTY LOCATION (General Description): Example - South side of
State Street 400 yds. East of Pine Street
North side of Stillwater Avenue adjacent to I-95.. The property
of MRS, Inc. is
described in Exhibit A. The property of JAC-CO-SAC is described in Exhibit B.
Garr* 1a c Pnero
5.
n
LEGAL BRECRI PT ION OF PROPERTY -Assessors Map NO.M1 S(
Pa rcel I A
6.
EXISTING USE: locant
7.
PROPOSED USE: CMIdOgial
8.
NAME AND ADDRESS OF OWNER OF RECORD: Name ApDl icanLS
9. NAME AND ADDRESS OF CONTRACT OWNER (if such):
10. SIGNATURE OF OWNER OR CONTRACT OWNER: MORS,yC�`nd 1�
11. REPRESENTATIVE OF APPLICANT: Name pawl L Paul L.u m 1,attorney
Rudman
(if appl icable�
Address 84 Harlow Street Bangor ME 04401
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN FORM s pUPLICAT6 TO PLANNING OI VZ SIGN CITY HALL ANG M6
Application Fee: Processing Advertising Total
Zone Change $90.00 $ 50.00 $140.00'_
Contract Zone Change 90.00 250.00• -
r $140.-06'
•Two Ads Required
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIpE
RECEIVED JUN 0 5 1991
CONDITIONS FOR PROPOSED CONTRACT SOME
FOR PROPERTIES OF MRS, INC. AND JAC-CO-EAC
1. Property will be used for prof essional"and, business offices
only.
2. My buildings or land used or occupied and buildings
erected, constructed reconstructed, moved, Or structurally
altered shall comply withitbe. requirements Of xApticle 21 of
chapter VIII of.ebe Ordinances of the City Of Bangor and the
following dimensional requirements:
a. Maximum lot coverage: 25%
b. Maximum floor ratio: .4
C. Maximum impervious ratio: .7
3. No direct access from the site to Stillwater Avenue.
4. Any parking areae along the northwest boundary of the
Property shall be screened at a minimum with coniferous
Planting of at least four (4) feet in height at time of
Planting.
+\ RECEIVED JUL 2 6 igqt
The
Following
list
of
people
are associated
with:
m,es�
.
The following list of people are associated with:
SAC/CO/SAC'-'-
Carl H. Snow, Jr:
Shawn Small
dames Parker
Item No. 5: Contract Zone Change - Stillwater Avenue and Bar-
den Way - Mrs. Inc. and jAC/Co/SAC - C.O. N91-314
a. Applicant requests achange from a Residential 1-9 Zone
to a Contract Commercial et (C-2) Zane for a 2.43 a e parcel
between Stillwater Avenue and Garden Way. The applicant
proposes a business and professional office use at this
location.
D. The applicant proposes the following conditions:
I. Property will be used for professional and business
office only;
II. Any buildings or land used oroccupied and buildings
acted, constructed, moved, o structurally altered
%hall comply with the requirements of Article 21 of
Chapter VIII of the Ordinances of the City of Bangor
and the following dimensional regdirementsi
.. Maximum lot coverage; 25%
2. Maximum floor ratio: .4
3. Maximum impervious ratio: .P
III. No direct access from the site to Stillwater Avenue.
IV. Any parking areas
along the northwest boundary of the
property shall be screened at a mwith coniferous
plantings of at least four (4) feet �inheight at the
time of planting.
C. The proposed Contract 0-2 zone change and office use is
consistent with recent contract zone changes and approved
uses along Stillwater Avenue (Realty World and II.S.D.A.
Building). However, the proposed zone change in not consis-
tent with the Zoning Policy Map of the City's Comprehensive
Plan. The Zoning Policy Map identifies this area for low
density residential use.
d. The proposed use will not significantly affect public servic-
es
s in the area. However, the traffic generated by the pro-
posed uie will impact the intersection of Drew Lane and
Stillwater Avenue and cause increased delays on Drew Lane.
e. Due to the approval of previous commercial zone changes, the
proposed contract zone change is consistent with existing
zoning and land uses
n the immediate a and Staff would
recommend that the Spare recommend the proposed contract
zone change to the City Council.
91-314
Awigrud to Co,mdor Sasuaud, August 12, 1991 r'
CITY OF BANGOR
(TITLE.) (DrY ancet _Amenuiing Zoning. Ordinanc® .._. _..__
Still to Avenue and Garden Way ..,..,.__„
Bea ordained by the Oily CweU of Cit ofBaayer," fd ngs:
THAT, the zoning boundary lines as established by the Zoning Map
o£. the City of Bangor dated September 23, 1974, as amended, be
hereby further amended as follows:
By changing parts of parcels of land located off Stillwater Avenue
and Garden way (Tax Map No. 55, Part of Parcel No. 12 and Part of
Parcel No. 12A) from Residential lA Zone to Commercial 2 Zone.
Said parts of parcels containing approximately 2.43 acres 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 21, Section 11.3, Ordinances of
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. Property will be used for professional and business
offices only.
B. Any buildings or land used or occupied and buildings
erected, constructed, reconstructed, moved, or structurally
altered shall comply with the requirements of Article 21.
of Charter VIII of the Ordinances of the City of Bangor
and the following dimensional requirements:
1)Maximum lot coverage: 25%
2) Maximum floor ratio: .4
3) Maximum impervious ratio: .]
91-314
August 12H19N91 ORDINANCE
Amending ZonArg Ordinance Stillwater
O ( TITIE,) -
"i .. Avenue and Garden Nay
City Clerk
IN CITY COUNCIL
AeOgned [a
August 26, 1991
xUymed by adding the,followlng �f
/'
94 Y ¢ shall be [ width to f111YGt�L
e"44/
in and f h number a p cea fn ABC
Cwmcttmm
manner As to provide,acontinuous
.
visuelecreeadng.between _the r parting area
tdg£M1e.Ad9oini� proper to.the-northwest.
Sameenit�'sp'aiinbe Nenti: iy-maintained
while the property is used for professional or
buameAs offices. Passed. -
Ordinance as Amended failed to pass by
the following yes and no votes. Councilors
sting yes: Cohan and Stone. Councilors
voting n :.Baldecti, Bragg, Frankel, Sonnaua,
and Sullivan. Councilors absent: Sawyer and Saal.
qL�
TW CLE YI,