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Home My WebLink About1989-02-27 89-98 ORDINANCEData March 7,un1989 Item No. 89-98 Item/Subjeen Contract Zone Change - Raven Associates - 693 Ohio Street - C.O. R 89-98 Responsible Dapanmenn Planning Division Commenury: , The Planning Board at its regularly scheduled meeting of March 6, 1989 held a public hearing on the above contract zone change request. Attorney Thomas Russell represented the applicant and explained the proposed contract conditions in supporting the application. There were seven different individuals in the Ohio Street neighborhood who spoke in opposition to the zone change request. The Planning Board voted five in favor and none opposed to recommend denial of the zone change request to the City Council. Manager i Comments:l Associated Information: 04,7� Harem Approval: Finance 0i seror Lepel Approval: UR �, d ro ry so ..A Introduced For lffPanage First Reading Page —of ❑Referral 89-98 MgnedtoCmmcikw Stone, February 27, 1989 /p CITY OF, BANGOR (TITLE.) rb4U211 M, Amending Zcning_Ordinancg .,..,..,. 693 Ohio Street Brit ordained by Ow OUY Cewait of W City ofBamsw. as fWses: THAT the zoning boundary lines as established by the Zoning Map of the City of Bangor dated September 23, 1974, as amended, be hereby Further amended as follows: By changing part of a parcel of land located at 693 Ohio Street (Tax Map No. R-34, Part of Parcel No. 3) From Residential 1 Zone to Residential 3 Zane. Said part of a parcel containing approxi- metely, 12.5 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. The overall density shall not exceed four dwelling units per gross acre. B. Any buildings constructed on the premises shall not contain more than three (3)'dwelling units per building. C. The facade of any three -unit building shallbe visually broken by either structural elements or actual breaks in facade alignment._ D. The minimum side yard for primary use structures shall be fifteen (15) feet. Any ,side yard abutting an R-1 Zone shallbe landscaped with a mixture of trees and shrubs. IP-CP`Y-,fy11HCIL SobvdrY. 2); 1989 H C:rred�t'a� Plaaglmg Board 8e veil lAt r`adiag. Y CLERK IN CITY -0OONCIL March 15, 1989 Withdraw Mac�4�s CITY LEBIL 89-98 ORDINANCE ( TITLE.) Amending. 7.onlng Ordinance ani nhio street LZEId E. The building height shall not exceed 2.5 stories or 30 feet, whichever is greater. - F. Any buildings shall be set back from Ohio Street a minimum distance of fifty (50) feet. 2. Execution by those parties with an interest in .the affected property of a agreement providing for the implementation and enforcement 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 of. the CityClerk 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, this Ordinance shall become null and void. C-2 R- IMMEMEMI ImmmommEMEM C+I M* R-1 TO R.4 CONTRACT RECEIVED FEB 1 7 1989 APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT TO: THE CITY COUNCIL AND .DATE THE PLANNING BOARD OF BANGOR, MAINE: NO. 1. I(WE) Raven Associates 2. of 569 Hammond Street Bangor, Maine 04401 942-3201 Address C ty o[ Post Ortice Telephone hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying fromR-1 zone to the R-3 sone the property outiineo rn red on the maps attached—er:�hich are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 693 Ohio Street Total Area (acres or square feeti acres 4. PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. East of Pine Street Northeasterly side of Ohio Street, approximately 354 feet northwesterly of intersection of Westland Street and Ohio street. 5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. R34 Parcel 3 6. EXISTING USE.. Vacant 7. PROPOSED USE; Multifamily R. NAME AND ADDRESS OF OWNER OF RECORD: Name Stella M. Tuck 6 Rose Ends NZ oaJILUZU —Tack Address Bangor, Maine 04401 9. NAME AND ADDRESS OF CONTRACT OWNER (if such))/: Applicant 10. SIGNATURE OF OWNER OR CONTRACT OWNER: Z . - ,/ 1, yfeF— 11. REPRESENTATIVE OF APPLICANT• Name Thomas A. Russell, Mitchell a Stearns (if applicable) ran Address P.O. Box 702 angor, 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT n ZONE REQUEST. RETURN FORM s DUPLICATE TO PLANNING DIVISION CITY HALL, BANGOR, ME. Application Feer 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 CONTRACT ZONE CONDITIONS The use, operation and/or development of the property shall be subject to the followings 1. The overall density shall not exceed four dwelling unite per gross acre. 2. Any buildings constructed an the premises shall not contain more than three (3) dwelling units per building. 3. The facade of any three -unit building shall be visually broken by either structural elements ar actual breaks in facade alignment. 4. The minimum side yard for primary use structures shall be fifteen (15) feet. Any side yard abutting an R-1 Zone shall be landscaped with a mixture of trees and shrubs. 5. The building height shall not exceed 2.5 stories or 30 feet, whichever is greater. 6. Any buildings shall be set back from Ohio Street a minimum distance of -fifty (50) feet. b: The Commercial i Zone allows a Iimited number of u s provid- ed that the building not exceed 2000 sq, ft. in gross floor area (Article 11, Section 3l. The zone also limits hours 04 Operation and outside display. C. The proposal before the Board is for two, 2,000 sq, ft. buildings which ,s permissible if the lot area oo and coverage standards can be met for. two primary uses. In this cB the applicant is well in e.<cess Of the required 16,000eq. fit. of lot area. d. The Board should also be aware of the additional require- ents which the zoning ordinance requires where commercial nme ial uolses abut residential use Article 21, Section clrr m quires commercial us s beScreened ned from residential zons along theproperty line. In addition, Article 21, Section 4(3) requires that the commercial Side yard setback he i'� sed when abutting a residential u Both of these additional requirements have been meta As always, Staff would recommend the Planning Board r view the project in view of the standards contained in Article 219 Section 10 (6). ® e. The Planning Staff would find the proposed plan In conform- ance with the standards for site plan approval and would recommend site plan approval. PUBLIC HEARINSS em N 4: _� Contract Zone Change - Ohio Street - Raven Associ- ates - C.O. R 89-98 a. Applicant requests a zone change from Residential I Zone to Residential 3 Zone subject to certain restrictions and condi- tions for approximately 12 acres located at 693 Ohio Street. b. The proposed zone change request raises umber of ques- is in regards to the City's landue ntl zoning poli- cies.a The fundamental test of change (according to s State Statutes) is its consistency with the Comprehensive Plan. The City has as its Policy statement an adopted "Land Use Plan" which is part of the Comprehensive Plan. The City's Land Use Plan for the east side of Ohio Street is for law -density residential u Keeping in mind that there are several residential zones and only two categories for r eal- dential development in the Land Use plan (high density and law density), Residential 3 falls right in the middle.. of late, Residential 3 has been termed "medium density.-- Resi- dential 1 requires 9,000 sq, ft. per unit which theoretical- ly will allow 4.84 units per acre. In actual subdivision experience that density is rarely reached. In addition, 3 fisting R -I areas such as Ohio Street tend to be very Sow density. Residential 3 allows as many as 11 units per a cre as a permitted use 14 unit buildings) and A chits per acre as a special exception iup to 6 units per building). The second concern Staff has with Residential 3 develop- ents,otherthan density, is their compatibility with exist- ing development. Introducing large scale multi -unit build- ings into areas developed with small single inappropriatefamily units iv a The Staff has held the view that Residential 3 Ening Is appropriate in developing low density a where a large acreage can be developed with some flexibility in Fou "nu type. The Orchard Hillsdevelopment is a prime example f this type of project. Further, we would not r end the introduction of R-3 Zoning o a lot by lot basis'among other R-1 developed parcels 15pot zoning). c. The area in questions is approximately 500 feet north of the M0. Pleasant Cemetery on the northeast side of Ohio Street. In this aPaxi both sides of Ohio Street are proposed for low tl density residential tlevelopment. The two notable exceptions are the cemetery and St. Mary's Church which are both civic and institutional. The existing high density residential development is located north of St. Mary'•u Church. d. The request at hand offers several conditions intended to mitigate the question of compatibility of housing type. The applicant proposes to limit the number of units per building to no more than three with visually broken facades. The buildings shall not aceed two and one-half stories or -thir- ty feet in height. Inaddition, -applicant proposes to limit buildings to no closer than 50 feet from Ohio Street and requires screening from Residential 1 properties. e. The Proposed 4 units per acre clearly makes this a low densi- ty residential proposal tin line with R-1 densities). The Planning Board needs to address whether it is appropriate at all to introduce multi -unit buildings in this R-1 area. Secondly, if the Board finds the concept acceptable, do the proposed conditions provide adequate protection for existing Ingle family development? The Planning Staff would recommend that the proposal i consistent with the land use plan and could be developed s s to be compatible with the existing development on Chided 4 Street. Staffm Would recommend that the Planning Board make a 49 favorable recommendation to the City Council. m.mtl A. Ceara March B, 1989 Russell McKenna, City Clerk City of Bangor City Hall 73 Harlow Street Bangor, Maine 04401 Re: Promised Ordinance #89-9B On behalf of Raven Associates, I hereby withdraw the Application For Zoning Ordinance and Map Amendment for a parcel of land situated at or about 693 Ohio Street (Tax Map R34, Lot 3), which request is set forth in Council Ordinance 89-98. Please advise the appropriate officials that this matter is withdrawn. I thank you for your cooperation in this matter. Very truly yours, MITCHELL 6 STEARNS Thomas A. Russell, Esq. TARxcw .qV Ntl � 1 lA 419 �NJ.ia 4-i1�o� AITORNEYS AT LAW Loa L MitoMII Own I91 9D Fiankho into Francis A. Finne8av Q91] -19m) P.O Box 702 John W. Hfllou motor.Do) MaineM401@ boom H. Keith I'mD 9ex3»I Cwnwl rad Eoan,M1am LGuy Slaru3tl Gery F. Thorne Pew M. Pew Wod...k. Jaen A. WvatlmckJc A. Fee Nv.N10r9 JR ock Aw W ,dm. M.Me ted, ngh M. FnNI atal D. Chat, Thames A Rental Iimm M1YCwoMm& Same J. MCPanlentl '. m.mtl A. Ceara March B, 1989 Russell McKenna, City Clerk City of Bangor City Hall 73 Harlow Street Bangor, Maine 04401 Re: Promised Ordinance #89-9B On behalf of Raven Associates, I hereby withdraw the Application For Zoning Ordinance and Map Amendment for a parcel of land situated at or about 693 Ohio Street (Tax Map R34, Lot 3), which request is set forth in Council Ordinance 89-98. Please advise the appropriate officials that this matter is withdrawn. I thank you for your cooperation in this matter. Very truly yours, MITCHELL 6 STEARNS Thomas A. Russell, Esq. TARxcw .qV Ntl � 1 lA 419 �NJ.ia 4-i1�o�