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Home My WebLink About1989-02-27 89-99 ORDINANCEInuodueed For -E ]R asa9e - - Firu Reading Page _ of _ X Referral PCU n Dale Feb 21,u 1989 Item No. 89-99 Contract Zone Change - Outer Ohio Street Itern/Subjan: Respomible Deparnman; Planning Division Commentary: . Referral to Planning Board Only. 1 MH f Manager's Camman Ciq afaugn . Auociamd Information: Budget Approval: Legal Approval: le4m _ Inuodueed For -E ]R asa9e - - Firu Reading Page _ of _ X Referral tounml Amlan Ww 3/22/89 Item No. 89-99 Amending Zoning Ordinance - Outer Ohio Street - lum/Subptt: Contract Zone Change - C.O. 9 89-99 Responsible Department: Planning Division Commonness: Please be advised that the Planning Board at its regular meeting on March 20, 1989, held a public hearing on the contract zone change request contained in C.O. B 89-99. Applicant's Board Member, Attorney George Singal, represented the .Bangor Housing Authority and spoke in favor of the application. Six residents of the area testified inopposition to the zone change request. These individuals cited the R-1 zoning on this area of Ohio Street, thelow-density, rural character of the existing Ingle -family development, potential for depreciation of property values from the juxtaposition of a multi -family housing deveopmnt of medium to high density, their concern over the extension of public housing into their neighborhood and a number of other related concerns. After considerable discussion by Planning Board Members as to the appropriateness of higher density, multi -family housing types n this low-density area and the City's Land Use Policy for 1 density residential" for the site in question, the Board vote 5 to 0 to recommend denial of the proposed contract a request. epam„eAr xm Matmyn's Comments: ejxvY�C✓'aiv g -VNc uxev AsspciatM lniarma�n: Ond.�w.r., �, , Budget Appronal:yJ. (Inoue Dim Legal Approval: cay� Introduced Fa 9Ipdmage ❑First Reading page_ of ❑Referral 89-99 AsnFAto ComeWx Stove, February 27, 1989 CITY OF BANGOR (TITLE.) VIfCDBi81 M _. Amanding_Zoning. .Ordinance ____.. ....... Outer Ohio Street Be it ordained M bw Oft CouMt of the City ORaMwF, as falown THAT the zoning boundary lines as establishedby the Zoning Map e€ 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. on Outer Ohio Street (Tax Map No. R-14, Part of Parcel No. 6-D) from Agricultural Zone to Residential 3 Zone. Said part of a parcel containing approxi- mately 9.63 acres and being more particularly indicated' on the map attached hereto and made apart hereof. PROVIDED HOWEVER, THAT, in addition to the mandatory conditions imposed by Chapter VIII, Article 21, Sec... 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 fallowing_ limitations and/or restrictions:' A. Overall density of 8 units per. acre. B. A 25' wide buffer to be maintained around perimeter' of property. Building setbacks to start at inside edge of buffer. C. Permitted Uses: 1) One family, two family,, three family. and four family dwellings. 2) Accessory uses on the same lotand customarily incidental toand subordinate to the: above use. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation MM and enforcement of all the terms and conditions ser forthabove 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 become null and. void. 4 6�3W UtuO Swys�l�9tt t 9.vaaLStnE,9.illi 89-99 ORDINANCE IN C117 6611NCIL (TITLE.) Amending Zoning Ordinance Outer February;,27, 1989 deferred to Planning Board Ohio Street Received let "reading. LC CITY C1 oA I! 7,(A. CdO1Ct LWN In City" t cil March 27,1989 - eonsi8er next rteeting clerk 4 6�3W UtuO Swys�l�9tt t 9.vaaLStnE,9.illi 1 , , 89-99 1 NN 1 1 p iR-f. 1 1 , e R_1� 1 March 21, 1989 Mr. Edward Barrett City Manager city Hall Harlow Street Bangor, Maine 04401 Dear Mr. eBdW As aesult of the discussion by the Planning Board to deny threquested z change,.) would like to discuss the issue with e City Council. I realize the next Council'. Meeting is scheduled for March 27th and this item will be on the agenda; however due to the fact I will be out of the country at that time I would like to have this postponed until April 10th. Sincerely, ELSIE"C. COFFEY Executive Director ECC/dl CR Gomm signer. Robert,M. pdinn Christopher Hutchins John L. McDonough Charles Dobeil T.J. Martzial Darren Cooper 89-99 - Housing Authority City of Bangor 161 DAVIS ROAD — BANGOR, MAINE 04001 TELEPHONE 944.6386 COMM6510NERS ROBERT nwrma IWAR 221989 Ess,,., DW—. CHRISTOPHERMUTCHINS CHARLES GOCEIL T-LIMARTziAL CITY MANAGERS OFFICE March 21, 1989 Mr. Edward Barrett City Manager city Hall Harlow Street Bangor, Maine 04401 Dear Mr. eBdW As aesult of the discussion by the Planning Board to deny threquested z change,.) would like to discuss the issue with e City Council. I realize the next Council'. Meeting is scheduled for March 27th and this item will be on the agenda; however due to the fact I will be out of the country at that time I would like to have this postponed until April 10th. Sincerely, ELSIE"C. COFFEY Executive Director ECC/dl CR Gomm signer. Robert,M. pdinn Christopher Hutchins John L. McDonough Charles Dobeil T.J. Martzial Darren Cooper 89-99 RECEIVE6 FEB j 71WO APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT TO: THE CITY COUNCIL AND - DATE February 17, 1989 THE PLANNING BOARD OF BANGOR, 'MAINE: Mo. 1. INS) The Bandar Housing Authority 2. of 161 Davis Road. Ban or, ME 04401 942-6365 'A yeas City or Post Office Te ep one hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from A I gone to the R3 zone the property ou tout ,nom on the maps a attac eretg, w ich are part of this application, and described'as fellows: 3. ADDRESS OF PROPERTY (if any) Total Area (acres or squarefeet) 4. -PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. East of Pine Street Nest .aide of Ohio Street 1.900 feet south of Davis Road. 5. LEGAL DESCRIPTION OF PROPERTY-Assessora Map No. 914 Parcel 6-n 6. EXISTING USE: Vacant Field ]. PROPOSED USE: Multi-Femily Houslvg B. NAME AND ADDRESS OF OWNER OF RECORD: Name Floyd Farrn Address 13 Neec Park Street 9. NAME AND ADDRESS OF CONTRACT OWNER (if such)• 10. SIGNATURE OF OWNER OR CONTRACT OWNER. v 11. REPRESENTATIVE OF APPLICANT: Name '(if applicable) Address 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM 6 DUPLICATE TO PLANNING DIVISION CITY HALL' BANGOR ME Application Pea: Processing - Advertising Total Zone Change' - $90:00 $ 50.00 $140.00 -- Contract zone Change. ' 90.00 250.00• $340.00 *Two Ads Required0' PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE EMI SUGGESTED CONDITIONS TO R3 CONTRACT ZONE February 17, 1989 1. Overall density of 0 units per acre. 2. A 25' wide buffer to be maintained around perimeter of property. Building setbacks to)atart at inside edge of buffer. 3. Permitted uses: A. One family, two family, three family and four family dwellings. B. Accessory uses on the same lot and customarily incidental to and subordinate to the above use. M6 MEMORANDUM DATE: March 14, 1989 TO: The Planning Board PROMs The Planning Staff SUBJECT: Agenda Review - March 20, 1989 Meeting CONSENT AGENDA Item No, 1: Site Plan Revision- Property Investments - 238 Hus- son Avenue a. Applicant requests al n to the starting and completion dates for the construction e o4 3 duplex buildings recently approved by the Board. The proposed duplexes will be locat- ed on Fieldstone Drive funder construction), in a Residen- tial 4 Zone. D. The applicant originally indicated starting and completion dates o4 March 1, 1989 and December 31, 1989. Due to the road construction the applicant will not be able to begin the proJect until this summer. Therefore, the applicant i requesting the revised starting and completion dates of June 1, 1989 and June 1, 1990. c. Staff would find the proposed request in line with Article 21, Section 1015)10. PUBLIC HEARINGS to No. 2 Contract Zone Change - Ohio Street - Bangor Hous- ing Authority - C.O. #89-99 a. Applicant requests a zone change from Agricultural Zone to Residential 3 Zone subject to certain restrictions antln - ditions for approximately 9 acres o4 land o44 Outer Ohio Street. b. The Planning Staff has indicated an numerous s the appropriateness and inappropriateness of the Residential 3 Zone at various locations throughout the City. The Residen- tial 3 Zone is a medium density zone which allows up t0 11 nits per acre, and ad any as 6 units per building (single family attachodl a special exception. The City's land e policy for resitlential development (urban densities) is divided into two categories; high density and low density. -- The City must be careful in locating R-3 Zones in areas where they will be i conflict with existing.low density residential housing. C. The area in question isn the fringe of what is developed as urban development. The Sunny Hollow subdivision will be developed at approximately 3 units per acre. While those lots to the north of Bunny Hollow are developed as rural residences at around .6 units per acre. At this time there seweris no serve between Sunny Hollow and Blue Hill Went, along Ohio Street.ic The Planning Staff would question the advisability of introducing higher density multi -family development into this area. d. The contract proposal fails to provide conditions which would make this an acceptable 'Row density" residential project. Eight units per a of what is typi- cally considered low density. Ye is in limits the num- ber of units in a building to four, but would allow for the typical 4ourplex5 as opposed to attached units with individu- al entrances. The contract does allude to a 25 foot buffer yard, but isvague on the u screening of the space{ presumably, it could be developed as parking. The size and shape of this parcel will in effect create a wedge of multi -unit buildings immediately adjacent to a single family subdivision. e. The Staff would find the proposed request inconsistent with the existing and proposed low density residential us this a m In addition, Staff would recommend that the pro- posed contract conditions fail to mitigate the concerns of Mixing multi -unit development with single family develop- ment. There appears to be no reason why this parcel would not be developed a single family homes like the neighboring parcels. Staff would recommend that the Board recommend de- nial of C. 0. 59-99. Item No. 3e Special Exception/Site Plan Review - Corner of Main and Union Streets Marcel Grant a. Applicant requests special exception/site plan approval to construct a mixed use residential and commercial building located at the corner of Main and Union Streets in a Commer- cial 4 Zone. b. The Board may recall this parcel was previously turned down for a retail auto service s e The Commercial 4 Zone re- quires; - quirethat r sitlential u acquire special exception approval, Article 14, Section 3(2)(d). C. This prpject includes 11 residential units and 8,300 sq. ft. of retail space. The building is located on the Main Street frontage with parking on the remainder of the site. Access is off of Union Street and Columbia Street. The Union Street n access is limited to a entrance only. The plan indi- cates 28 parking spaces where 44 are required. The appli- cant has requested a waiver of 16 spaces in -accordance with— --- Article 219 Section 5(2)(o). d. The Board may recall the recent amendments to the special exception standards which require applicant to technically