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Home My WebLink About1989-04-10 89-164 ORDINANCEDM April 19, 1989 hem No. 89-164 Amending Zoning Ordinance.-444V Stillwater Avenue - hem/SubleoD Contract Zone Change - C.O. p 89-164. Reepogeible Deportment Planning Division Commentary: ' The Planning Board held a public hearing on the above contract zone 'change request at its regularly scheduled meetingonApril 18, 1989. - - Ed Bearor, Esq., representing the applicant, discussed the proposed conditions, as amended, with the Board. No one spoke in opposition. - After careful consideration of the Land'Use policy, the nature - of the area, and the standards for granting a contract z one change, the Planning Board voted five in favor and none opposed to recommend denial of C.O. 9 89-164 to the City Council. - an.r ciao (x Manager's Commenu: G. eon ^_�j 9aa^i-1 V�a+nv.vt'v/� Llhl^�tea . Ciayebmp Associated Informadofu Budget APWoval: Legal ApWoval: oay smiotro. Introduced For ❑Passage Q First Reefing Page — of ❑Refearal' - lAunrn Anion pay April 19, 1989 Iym No. 89-164 Amending Zoning Ordinance- 444V Stillwater Avenue - Itam/&ibjeco Contract Zone Change - C.O. $ 89-164. Responsible Deportment: Planning Division Commentary: _ The Planning Board held a public hearing on the above contract zone change request at its regularly scheduled meeting on April 18, 1989. Ed Sector, Esq., representing the applicant, discussed the proposed conditions, as amended, with the Board. No one spoke in opposition.' After careful consideration of the Land Use policy, the nature of the area, and the standards for granting a contract zone change, the Planning Board voted five in favor and none opposed to recommend denial of C.O. d 89-164 to the City council. Mal r Manepes eCommann. P.Qidor M1NLL �$ Wa- PX.i�um/ gm+u,r�o�y�,s "Cues usgg( r Amomated Inbrsmflon: Butlgm Approval: fiv Dven r Legal Approval: Oita Saferror Introduced For ED Passage - ❑ First Reading No _ of ❑Referral r 0V(Ua-f` Wunml fiction pep 4/3/89 Ilan Na. 89__164 - hem/Buhlect: Amending Zoning Ordinance - Contract Zone Change _ 444V Stillwater Avenue Raponsipa D"rurene Planning Division Cpmmenpry: . For Referral to Planning Board Only. oeV+nmen.--� Mamga'a Comments: Ciy Mamge� AnIXpted Informetwn: Budget Apprpvel: Legal Approval: Introduced For ®Pausge ❑ For Reading Pape _ of _ ❑ RNapI 89-164 Aeop:ed to CotmeOor Shubert, April 10, 1989 CITY OF BANGOR (TITLE.) (DXYMAtifCt _Amending Zoning Ordinance, ........ 444V Be it ordedwd by W Oily CoweW of Guy o(Banper, as YhUouv: 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 444V Stillwater Avenue (Tax Map No.. R-55', Part of Parcel No. 11-A) from Residential lA Zone to Commercial 2 Zone. - Said part of a parcel containing approximately 3.10 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 subu subject to the following limitations and/or restrictions: A. The property shall be used only ,for business or professional offices; motel or .hotel; enclosed recreationcenters conducted as gainful business; retail services or business with outside display area limited to less than 17 of the gross floor area of the building; accessory uses. B. There shall be a buffer strip 301 to 50' 1n width along the boundary of all adjacent R -1A zoned .property.. 2. Execution by those parties with an interest in thea£fecEEd property - f.art agreement providing for the implementation and enforce - Saint of all the terms andconditions 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 become null and void. In City milot iful.10,1989 .� m P7argrga2 1 .GP.F IN CITY COUNCIL April 24, 1909 Referred back to Planning Soard� � U CLERK 89-4 ORDINANCE TITLE,) J *beete 994 V StilbeG A Awgned to Councilor Shubert G✓Ci1WY1 89-164 APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT " TO: THE CITY COUNCIL AND DATE 3131 Ia9 THE PLANNING BOARD OF BANGOR, -MAINE: NO. 1. I(WE) JAC-CO-SAC. 2. ofig Kenduskeac Veza Bangor ME ' Address City or Pest CO CTelephone hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying frozeR-1A zone to the C-2 - zone the property out n—i�T red on the maps attac eahereto, wwhich are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) - 444-V Stillwater Avenue Total Area (acres or square ee[)a 10 ACE05 (A nnrtion of existinn 7.7 acre 4. PROPERTY LOCATION (General Description): Exampar el )Sou[h side of State Street 400 yds. East of Pine Street Northwest side of Stillwater Ave., abutting Interstat 95 5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No.R-55 Parcelll-A 6. EXISTING USE: Varxnt a -1A 7. PROPOSED USE: Pnmmcriral f -P 8. NAME AND ADDRESS OF OWNER OF RECORD: Name JAr-PO-SAC c o .aro n'� — Address 16 Kenduskeaq Plaza, Bangor ME 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): N/A 30. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANTt Name Paul L. Rudman.Esg. (if applicable) Address 84 Harlow Street, Bangor ME 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM a 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 89-164 Item No. 10e' Contract Zone Change - Stillwater Avenue - SPOCA - '1- - C.O. k 89-160 a. Applicant requests aochange request fromResidential 1-A zone to Commercial 2eZone subject to certain limitations and restrictions for approximately 3.1 acres of land off of Stillwater Avenue. b. The proposed zone change request is located north of the interstate adjacent to the First Realty office building o Stillwater Avenue. The City's land use policy in this ara is low density residential and resource protection and par 5ks & ppm space. Approximately, 500 feet west of Stillwater Avenue the land use e plan changes from low density residen- tial to the P & Cand Re use designation. The existing zoning in the area is Residential 1-A with the exception of the two contract e commercial z Those two contracts are limited to office use only, along with other. development standard%. The Planning Board recommended the City Council deny both previous proposals. c. The land uissues involved in this request a o differ - ant than those of the previous requests. The applicant is seeking to spot z commercial development i n area, pro- posed for low density residential tlevelopment. a it. In addition to Staff'S concern for adding commercial develop- ment to this area is thee potential access problems a iat- so with this location. The 'a a to be"zoned is a portion of a 17 acre parcel which fronts on Stillwater Avenue in two places and on Drew Lane in one. Staff would recommend that access to this a v s be carefully reviewed. The contract conditions offered by the applicant allow a wide variety of e and contain n standards which would limit the extent of the potential commerclal development. The proposed buff- er does mat include any language as to its use development (possibly there would be screening?). e. Staff would find the proposed contract zone change in son- flict with the land use plan and not In ordance with the conditions imposed by Article 21, Section 11, 11.3 (con- tract zoning). Staff would recommend the Planning Board recommend denial of the proposed contract rezoning. Item No. 111 Special Exception Site Plan - 1135 Broadway - John _. Benson a. Applicant requests special exception .site plan approval to use a portion of the existing building at 1135 Broadway as a residential unit in a Commercial 3 Zone. 89-164 5 Item No. 30: 'Contract Zone Change Stillwater Avenue - SPOCP - C.O. p 89-164 a. Applicant requests'achange request from Residential I -P -zone to Commercial o2eZene subject to certain limitations and restrictions for approximately 3.1 acres of land off of Stillwater Avenue. - - It. The proposed zone change request 1s located north of the interstate adjacent to the First Realty office building on Stillwater Avenue. The City's land use policy in this area s low density residential and resource protectionand parks & open space. Approximately, 500 feet west of Stillwater- Avenue the land use e plan changes from law density residen- tial to siden- tialto the P & 0and RP use designation. The existing zoning In the area s Residential 1-A with the exception of the two contract commercial zones. Those two contracts are limited to office use only, along with otherdevelopment standards. The Planning Board recommended the City Council deny both previous proposals. - C. The land use issues in volved in this request a o differ - ant than those of theprevious ,requests. The applicant i seeking to spot zone commercial development in an area pro- posed for,low density residential development. d. In addition to Staff's concern for adding commercial develop- ent to this &"a is the potential access passociat- ed 'a- iat- ed with this location.The area to be rezoned is a.pvrtivn of a 17 acre parcel which fronts an Stillwater Avenue in two places and on Drew Lane in one. Staff would recommend that access to this area be carefully reviewed. The Contract conditions offered by the applicant allow a wide variety of e and . contain n standards which would limit theextent of the potential c rcial development. The proposed buff - or strip does not include any language as to its use or development (possibly there would be screening7l. 0. Staff would find theproposed contract zone change in coh- flick with the land use plan and not in accordance with .the conditions imposed by Article. 21, Section It, 11.3 Icon - tract zoning). Staff would recommend the Planning Board recommend denial of the proposed contract rezoning. - Item No. iiz Special Exception Site Plan - 1135 Broadway - John. Benson a. Applicant requests special exception .site plan approval to use a portion of the existing building at. 1135 Broadway as a residential unit in a Commercial 3 Zone. -