Loading...
HomeMy WebLinkAbout1988-11-28 89-5 ORDINANCEpate .12/6/88 u" loam No. 89-5 Item/Subject Amending Zoning Ordinance -477' Essex Street - C.O. p 89-5 gaponsble Departmenn planning Division pommenmry: , The Planning Board, at its regularly scheduled meeting on December 5, 1988, held a public hearing on the above-noted zone change. -The Planning Board found the requested change not to be.in accordance with the City's Land Use Plan and found it to be an intrusion in a single -family neighborhood. The Board voted 5 to 0 in favor of a motion to recommenddenial of the zone change request to the City Council. Pam Norton and Mike 'Gleason spoke in favor of the zone change. Grace Treworgy, Fred Lower, June Commeau and Mr.veayo, neighboring property owners, spoke in opposition. ppn.,eat xaed manegeesc mnmrmn coy mow e Associated lnlormation: Budget Approval: flee Dwaor Legal Approval! City swwum Introduced! For QPassage First Reading Page _ot_ ❑ Referral 89-5 Assigned to Councilor Shubert, November 28, 1988 CITY OF BANGOR (TITLE.) (Orbirtatteee Amending_ Zening...Grdin�rce_......... _..._ 477 Essex Street Be U orda(w ol by the City Comuil oftM My WBaagor, as fbUms : THAT the zoning boundary lines as established by the Zoning Mpa of i City of Bangor datedSeptember 23,. 1974,as amended,. be hereby further amended asfolloms: By changing a parcel of land located at 477 Essex Street (Tax Map No. 45, Parcel No. 14) from Residential I Zone to Civic and Institu- tional Zone. Said parcel containing approximately 29,892 sq, ft. and being more particularly indicated on the map attached hereto and made a part hereof. Y 89-5 M URUINANCE Council November 28,1988 to Plsnninti Board ( TTI'LE t Amending Zoning ordinance 677 Essex Et ivg. G. intl'onmad tnI raw 4v fYt ✓Ytu� In City Council Decembee 12,1988tiXnn Indefinitely Postponed city 2ONING ORDINANCE AMENDMENT (ZONE CHANGE) PROCEDURES A. The Bangor Zoning Ordinance Requires: 1. Applications for a zoning amendment must be filed in the Planning Division Office at City Hall (with necessary advertising and processing fees). - 2. A Council 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 be heldby the' Planning Board on the proposed amendment (The City Council n take no action until after the Planning Board hearing and report). 4. A notice of the public hearing must be placedinnews- paper at least 10 days prior to the hearing aneaa notice must be mailed to owners of abutting property within 100 feet of the property subject to rezoning action:. 5. At least three (Out of five) Planning Board Members' votes are necessary for Planning Board recommendation of the zoning amendment. 6. After receipt of the Planning Board recommendation the City Council must act on the zone 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 zone change request must be received by the Planning Of Eice at least two weeks prior to the time of the Planning Board meeting at which the hearing will be held (because of the time required for placement of a legal advertisement i the newspaper and initiation of the request an the City . Council Agenda). 2., The Planning Board meets twice a month on the first and third Monday's at 7:30 p.m. and the City Council meets twice a month on the second and fourth Monday's 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 appli- cation, the City Council will consider your application at its 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, 947-0341, Ext. 206. 89-5 APPLICATION POR ZONING ORDINANCE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE November 7,1988 THE PLANNING BOARD OF BANGOR, MAINE:- NO. 1. I(WE) 2. of to .wat...�4oDann Adtl[esa t y ot�P st�ice e Telephone hereby petition to amend the zoning ordinance ofthe City of Bangor, Maine by reclassifying from 'zone to the C & I zone the property nuHptea tn red anthe maps attac BdTi eereto, which are part of this application) and described as follows: 3. ADDRESS OF PROPERTY (i£ any) 477 Essex Street Bangor, ME 04401 TotalArea(acresor square feet)29.892 4. PROPERTY LOCATION (GeneralDescription): Example - South side of State Street 400 yds. East Of Pine Street East side of Essex Street, .3 mile north of Stillwater Avenue. 5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. 45 Parcel 14 6. EXISTING USE: Single Family Nome I. PROPOSED USE: American Red Cross Chapter Office B. NAME AND ADDRESS OF OWNER OF RECORD: Name Harriet ward Address Holiday Park, Bangor, ME 9. NAME AND ADDRESS OF CONTRACT OWNER (if such):- American Red Cross _ 12 Stillwater Avenue Bangor ME 04401 10.. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name Pamela Norton, Chapter Manage[ (if applicable) 'Address Pine Tree Charter. American Red Cross 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST, RETURN FORM & DUPLICATE TO PLANNING DIVISION. CITY HALL BANGOR, ME. Application Fee: Processing Advertising Total Zone Change $40.00 S 50.00 = $140.00 Contract Zone Change 90.00 250.00• _ $340.00 'Two Ads Required ' _- PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE November 7, 1988 THE PLANNING BOARD OF BANGOR, MAINE: N0.' I. I(WE)p'„ rms 2. of Addresaty or Post 0 f c Telep one hereby petition to amend the zoning ordinanceofthe City of Bangor, Maine by reclassifying from zone to the C & i sone the property ou ne n re on the maps attached ereto, W lch are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 477 Essex Street Ban o[ ME 04401 Total Area (acres or square feet - 29,892 4. PROPERTY LOCATION (General Description): Example - South side of State Street 400 yda. East of Pine Street East side of Essex Street, .3 mile north of Stillwater Avenue. S. LEGAL DESCRIPTION OF PROPERTY -Assessors Map NO. -45 Parcel 14 6. EXISTING USE: single Family Hone 7. PROPOSED USE: American Red Cross Chapter Office B. NAME AND ADDRESS OF OWNER OF RECORD: Name Harriet Ward Address Holiday Park,- Bangor,ME 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): American Red Cross _ 12 St lwater Avenue _ Bangor. ME 04401 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name Pamela Norton Chapter Manager (if applicable) Address _ Pine Tree Chagier Am R d Crow 12. ATTACH ANY CONDITIONS PROPOSED .FOR A CONTRACT. ZONE REQUEST. RETURN FORM & DUPLICATE TO PLANNING DIVISION CITY HALL BANGOR ME Application Fee: Processing Advertising Total Zone Change $90.00 $ 50.00 $140.00 Contract Zone Change - 90.00 250.00` $340.00 *TWO Ads Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE Item No. 2: Zone Change - 477 Essex Street - American Red Cross - C.O. 689- a. Applicant requests a zone change from Residential 1 Zone to Civic 6 Institutional Zone for a 30,000 sq. ft. parcel located at 477 Essex Street. b. The City's land use policy along this section of Essex Street is for low-density residential use. There are three notable exceptions to this land use policy: the Lutheran Church and the Jehovah Witness Kingdom Hall, which are zoned C S I, and the MediMaine medical offices which are a commercial 2 (Contract) Zone. c. The Staff and the Planning Board have discussed the problems associated with spot zoning C d I zones at various locations within the City. Given the wide variety of uses allowed and the level of activity which can be associated with a C 8 I Zone it can be considered to impact a neighborhood as would a commercial zone. d. There has been considerable discussion in the last few years con- cerning the development and traffic impacting this neighborhood. The proposal before the Board is contrary to the City's land use and zoning policy and would have a negative impact on the neighborhood. The Planning Staff finds the proposed request to be a spot zone, inconsistent with the City's low-density residential land use policy and abutting Residential 1 zoning. Staff would recommend that the Planning Board recommend denial to the City Council. Item No. 3: Zone Change - Outer Ohio Street - Frederick L. Street Jr. and Frederick L. Street, III, applicants. C.O. 1 89-9 a. Applicants request a change from Agricultural to Residential 3 Zone of a parcel containing approximately 17.6 acres located at the south- east corner of the intersection of Ohio Street and Pinson Road. The applicants have a purchase and sale agreement with the present owner of the property, Eleanor Mower Mains and Ralph E. Mower. The property is presently vacant and undeveloped and the proposed use is residential. b. This parcel is in an area proposed for low density residential in the City's Proposed Land Use Plan. A request for R-3 zoning is consistent with the Land Use plan for the area. .Other land use in the immediate area includes New Capehart, Grange Hall and the Ohio Street Evangelical Covenant Church. The request for R-3 zoning appears to be compatible with the other uses and zoning in the area and Staff would recommend that the Planning Board recommend C.O. P 89-9 to the City Council for approval. However, the Board should caution applicant that the .zone change does not obligate the City to sewer this parcel (sewer is presently in New Capehart and along the Kenduskeag Stream, both 400 feet 3 from this property. - 89-5 CG CONTRACT 1;1 C&1 IIILFO7 ST- i-� ® R l TO C&1