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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. A95ngr'S Commmb: 'D+prrm[.r ru Cay uinwo QIYOUabd/abrmation:p�„y,ra) �^I Badge Apptavai: .J R' _r f Mm Dmgn LOW ApflWatt Y 55F. CYp SMiQT” I . intradacM For ❑ First F Farrell" planning Board - 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 P ww""<l 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. v tom. %2tL4 to F,11 i a p�A ykw VWeTf<l5 aHPn -L✓. s,� w✓m� r a 31� Sp"°d in I✓OA A msnnef p5 {+ n✓id+ a wkvo✓y 9� fis✓e� s tL le) iierwsen / r� ark7P (_, s a-_ t � j .area a�rj fl. p 7 ) (inlLrrf'r % �< ,.of we,b/��. sCr<enln5 sinnjr bee Use v✓ ;k P+ f/r'e�rf� .l�.S--Fn eyr %. fr✓pSSjene( Or bvsi,vss Was, qee w0 w•P► �o �/�nr un//.PreeiseS rlSGrj� slal/ �i Af slS•«(P � ln./nl Se of P nal jnfK�ie (i�(+fi 3 spA�sin j.� e<si•ff n/jal pyr17 (•¢loosen 3o PM ear( 73a dry %r r 1r t4wn ,`a�'"Lvl'env! S. ev be 0 y kS� Jl.bl.- 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. Menper'eDNn:tnnb: mntHul lvms ted I krmiHon.- 02araa /i(lZd ' ) /TSSJ. CdY SNinr E FuPR ❑tt et Radinp - 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,