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HomeMy WebLinkAbout1988-11-28 89-7 ORDINANCEIntroduced For Epareage - ONot Reading _ Pap— of ❑ Referral Bass 12/6/88 Item No. 89_7 Item/Subjm: Amending Zoning Ordinance - Huason Avenue - C.O. 1 89-0 BeponeiMe Department planning Division Commentary: The Planning Board held a public hearing on the above noted - contract zone change at its regularly scheduled meeting on .December 5, 1988. After review of the proposed conditions and its proposed use in this area, the Board found the requested zone change to be in accordance with the requirements for a contract zone change. The Board voted 5 to 0 in favor of a motion to recommend to the City Council approval of C.O. 1 89-7. Darrell Cooper, the applicant, spoke in favor. David Sklar, an abutting property owner, spoke in opposition. Oeyn(mmf Now Manager's CpmmenD: Cay Manger AneolaMd InlIXomtion: Budget Approval: Fin ee Dveeow Legal Approval Cny Sulicuae Introduced For Epareage - ONot Reading _ Pap— of ❑ Referral MQUE n21,_ Data November 1988 Item No. 99=7 Item/Subject: Amending Zoning Ordinance - Contract Zone Change - Husao n Avenue Responsible Department: Planning Division Comrrennry: Referral to Planning Board. Only. .panni Manager's Comments: 1 Cisy Mawger Associated Information: 6,.ALMei., )srye Budget Appro"I: u(A— Finaxs Dveamr Legal Approwi: Gry saws" Introduced For DPanage - ❑First Reading per _ of ®Referrer. PQe�(aos,rl 89-) Assigned to Councilor Shubert, November 28, 1988 CITY OF BANGOR (TITLE.) MaWh 1LEg IBass nding Zoning Ordinance dk it ordn mad by W City Coonan of W city dBauver. as fouowx THAT the zoning boundary. lines as established by the Zoning Map f the City of Bangor dated September 23,. 1974, as amended, be hereby further amended as follows: By changing part of a parcel ofland located on Huston Avenue (Tax Map No. R-41, Part of Parcel No. 40) from Residential 1 Zone to Residential 4 Zone. Said part of'a parcel containing approximately 3K, 875 sq. £t. and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED HOW VER, 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 condi- tions: 1. The use e and/or operation of the subject premises shall be subject to thefollowing_ limitations and/or restrictions:. A. More will be a twenty (20 foot buffer strip consisting of evergreen trees pl'antedand/or maintained along the northerly and easterly property. lines of said, land i _ question. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementationand enforce- ment of all the termsand 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 of the City Clerk and incorporated herein by reference. In the event that said agreement is not so executed and recorded within ninety (90) days from the date of passage hereof, this Ordinance shall becomenull and void. 1 ORDINANCE IN City Council November 28,1988 ( TIME ( Amending Zoning ordinance Hasson AePered to Planning Hoard 1st Reading Avenue Cfwfh Clerk m(rcasm em /ism w �.zXPSl In Council December 12,1988 QAYM Oman Vote 9 Yes Voting yes Blanobette,England,Banyev. Saxl,Sbubert, Sosnaud, Stone, Su111van.Tilley 1 1 �_ R4 0 R^Q 5n L!h FOP 69-] APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE Sept. 26, 1988 THE PLANNING BOARD OF BANGOR, MAINE: NO. I. I(WE) Property Investments 2. of 2 Hammond street, P. 0. Baa 673 Ben or, Maine 942-4815 Ad cess C ty o[ Pos[ 0 f Ce Telep one hereby peel tion to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from R-1 zone to - the R-4 zone the property Duel ned to re on the maps attar ed hT ereto, which are part of this application, and described as followa: 3. ADDRESS OF PROPERTY (if any) Fieldstone Drive Total Area (acres or squarefeet) 36. 75 4. PROPERTY LOCATION (General Description): Example South aide of State Street 400 yds. East of Pine Street Northeast comer nsisting of Lots 8. 9, and 30 of the proposed subdivision Wow as Fieldstone Drive. 5. .LEGAL DESCRIPTION OF PROPERTY -Assessors Map Mo.oit-41 Parcel °iO 6. EXISTING USE: R-1 - vacant T. PROPOSED USE: R -d - Multifamily 8. NAME AND ADDRESS OF OWNER OF RECORD: Name Property Investments Address P. 0. B^ 673, Ban6or. HE 04 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): ^ s. _ U m s.� ✓stn IT..IW oVY°/ 10- SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name (it applicable) 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE BROUGHT. RETURN FORM A DUPLICATE TO PLANNING DIVISION CITY HALL, BANGORf ME, Application Fee: Processing Advertising Total Zone Change Contract Zone Change $90.00 90.00 $ 50.00 250.00' _ $140.00 $340.00 *TWO Ade Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE CONTRACT CONDITIONS PROPOSED BY APPLICANT 1. There will be atwenty (20) foot buffer strip neteting of evergreen trees planted and/or maintained along the northerly and easterly property lines of Said land In question. MEMORANDUM DATE: November 30, 1988 T0: The Planning Board FROM: The Planning Staff SUBJECT: Agenda Review - December 5. 1988 Meeting PUBLIC HEARINGS Stem No. I: Contract Zone Change - Husson Avenue - Property Investments - C.O. @ 89-7 a. Applicant reqqueets a zone change from Residential 1 Zone to Residential 4 Zone for approximately 37,000 sq. ft. of land located Off of Husson Avenue. The land inquestion'is located to the rear (north) of the Morningside Condominium development. The Board may recall a recent subdivision application at this location. b. The City's land use policy in this area is A mixture If low density residential, high density residential, and civic and institutional. The land which fronts on Husson Avenue is proposed for high density residential. A number of these parcels are developed as multi -family housing. To the north is a cluster of a dozen single family homes along Grandview Avenue. At the time that Husson Avenue was being developed for multi -family. housing the area around Grandview Avenue was retained as R-1 to provide a buffer between the multi -family housing and the single family housing. I. The lot in question has the rear corner (northeast corner) designated as loo density residential, about 37 000 sq. ft. At this time the applicant is seeking to rezone that R-1. portion to R-4. The concern is that this proposal will erode the R-1 buffer which protects the single family homes from p encroachment of multi -family development. The zoningp(Articleas made 21, Section 11x3). This condr the itions con of offered bytheapplicant is that a 20 foot buffer of evergreen trees be maintained at the edge of this property. d. The Board should review the applicant's request in view of the City's land use policy, zoning in the area, and the standards for contract zoning (Article 21, Section, ll): The Planning Staff would find that the proposed contract zone change condition is adequate for this par- cel given its location, same 450 .feet from the nearest single-family house on Grandview Avenue. Therefore, Staff would recommend the Planning Board make a favorable recommendation to the City Council.