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HomeMy WebLinkAbout1989-04-10 89-166 ORDINANCEFAMM pmp Apruil 18, 1989 Item No. 89-166 Item/Subject! Amending Zoning Ordinance - Hogan Road and Stillwater Avenue - C.O. $ 89-166 Respomible m""arent: Planning Division Cameron": . The Planning Board held a public hearing on the above-noted zone change request at its regularly scheduled meeting on April 18, 1989. There were no proponents nor opponents to this request.' The Planning Board voted five in favor and none opposed to m recomend to the City Council that C.O. 8 89-166 be approved. r and Menaper'e Comments: 6y aa..eger AssxmW IMormatlon: eudpet APWoval: n Durcr Lepel Approval: cnr Sdairor Introduced For m Damage ❑Fint Reading Page _ot_ ❑Rdeml - 34y M Introduced For ®Passage - ❑ First Reading Page _ of ❑ Referral inion pap 4/3/89 Item No. 89=_155 Item/Sobjat: Amending Zoning Ordinance - Hogan Road Hapomible Department: Planning Division Cammenmry: _ . For Referral to Planning Board Only. .r..txme ManageriCommenn: City Memgrr Aesoaaad Informatmn, Budget APPmvaf: Fiweoe 04eetor Legal Approval -- "iYS low, Introduced For ®Passage - ❑ First Reading Page _ of ❑ Referral 89-166 Moped b Councilor Scone, April 10, 1989 a CITY OF BANGOR Vtl (TITLE.) 0hUmey Amending Zoning Ordinance Road Bek odaimd by Qty Cameo of City ofBaapnr, dfdlowe: TBAT the zoning boundary lines. as established. by the Zoning Map of the Cityof. Bangor dated September 23, 1974, as amended, be hereby further amended as. follows:. By changing part of a parcel of. land, located off Bogan Road and Stillwater Avenue (Tax Map No. R-69, Part of Parcel No. 1) from Commercial 2 Zone to Commercial 3 Zone. Said part of a parcel containing approximately 25.21 acres and beingmore particularly indicated on the map attached hereto and made a part hereof. 8166 ORDINANCE ( TIME,) garrial12"M 0� PEy0c El In. City Caquil Apriil 1161 9 Rageari m'Plarnitg Brand - IN CITY COUNCIL ..1L.. St.... April 24, 1989 CawuLmn Passed bythefollowing yes and no votes. Councilors voting yes: Blanchette, England. Sawyer, Berl, Shubert, Sosnavd. Sullivan andTL11pr. Councilor absent: Stone. � CYW CLEM - 'S 89-166 APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT T0: THE CITY COUNCIL AND DATE March 10, 1989 THE PLANNING BOARD OF BANGOR, MAINE:. .NO. 1. INS)-' Stillwater Averse Land Associates 2. of 38 Preble Street Portland 114. 04101 A2-0548 A Tess C ty o[ Post 0 ice Te ep one hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from C2 zone to the C3 zone the property out n�%n rad an the maps attached ereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) Aoo[tion of the Gateway North Subdivision Total Area (acres or aqua Oe Eeet) 35.21« Acre 4. PROPERTY LOCATION (General Description): Example - South aide of State Street 400 yda. East of Pine. Street --Twenty (20) of'the Fifty -Three (53) lots coarrising the Gateway North Commercial subdivision, located between Stillwater Avenue, Rogan Mad and 1-95 in Bangor. 5. LEGAL DESCRIPTION OF PROPERTY-Aese6sors Map No. R69 Parcel 1 6. EXISTING USE: Undevelopod ]. PROPOSED USE: Commercial Office and Retail Park B. NAME AND ADDRESS OF OWNER OF RECORD: Name Bangor Nall Development Assoc. Address Bennarh Mad, Stillwater, ME 04489 9. NAME AND ADDRESS OF CONTRACT OWNER (if such)% Stillwater Avenue Land Assec. 38 Preble Street, Portland, MC e ` .—O410L 10. $IGNATURB OF OWNER OR CONTRACT OWNER: 1� 11. REPRESENTATIVE OF APPLICANT: Name Welxste David R. Cope, General Partne (i£applicable) Baldy% S Czarniecki, P.A. Address 44 Central Street Baneor. ME 04401 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN. FORM s DUPLICATE TO PLANNING DIVISION. CITY HALL. BANGORr ME Application Fee: Processing Advertising - Total - Zone Change $90.00 $ 50.00 $140.00 Contract Zane Change 90.00 250.00• _ $340.00 'Two Ads Required 11 PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE 89-166 3 d. The Planning Staff has maintained that R-5 Zoning is inappro- priate for the developing areas of the city. At this time the City i wing all the existing undeveloped R-5 Zones n the developing portions of the city and reviewing their appropriateness. Staff would recommend the Planning Board recommend approval of this rezoning proposal to the City Council. Item No. ]( Zone Change - Gilman Road - Liberty Group - C.Q. k 89-163 a. Applicant requests azone change from Agricultural Zone to Commercial 2 Zone for approximately 6 acres of land off of Gilman Road. It. The area in question is adjacent to the existing C-2 Proper- ty which the Liberty Group has under contract. The City's land use e plan indicates Commercial development for appraxi- mately1,300 feet back from Stillwater Avenue. The proposed request falls within that area. C. The proposed Commercial 2 request isconsistent with the City's land use policy and with tthee sting and proposed uses n Stillwater Avenue. Staff would note that prior to construction the City's sewer line would need to be extend - ad. Staff would recommend that the Planning Board make a favor- able recommendation to the City Council. ,Item No. S: Zone Change - Stillwater Avenue - Stillwater Ave- nue Land Associates - C.O. k 69-166 a. Applicant requests a zone change from Commercial 2 Zone to Commercial 3 for approximately 25.2 acres of land off of Stillwater Avenue and Hogan Road. Thea n question is part of the recently approved "Gateway North" subdivision. b. The City's zoning In this area is amixture of 0-2 and C-3. Presently, C-3 extends fromthe interstate, north to the ax isting mobilehome sales lot and includes, Burger King,Paul's, Shaw's, the car wash, MCGonalds, the Casco Northern building, Maine Square, Bangor Savings Bank, the Bangor Motor inn, the Pancake House, etc. The McQuik all change is the only business in the C-2 Zone at this time. The existing C-3 Zoning is located approximately 600 to 700 feet back from Stillwater Avenue. C. The Mall area off of Hogan Road and Stillwater Avenue.( zoned Commercial 2 with the exception of the Chrysler dealer- ship. Stillwater Avenue is developing as solely C-2 zoning. Hogan Road (with the exception of the area noted above) i zoned Commercial 3. d. The Commercial 3 Zone allows a number of heavy commercial not allowed in C-2, such as lumber and building supply, auto truck and equipment sales and service. In addition the C-3 Zone allows several light industrial special exception The development standards are roughly similar but there are some differences. e. Asa zoning policy issue frontage e the Planning Staff would "command that the City not zone the Stillwater Avenue frontageC3 and that C-2 zoning be maintained for approximately 500 feet of depth back from Stillwater Avenue. The proposed request is carsi5tent with that policy. The Planning Staff would recommend that the Planning Board recommend approval if they cancur with the proposed zoning policy. Item No. 9: Zone Change - 96 Center Street - Phil Frederick - C.O. p 89-165 a. Applicant requests a change in the contract zone conditions for the building located at 96 Center Street. This property s previously approved ascontract commercial zone n November of 1988. One of theconditionsoffered by the applicant was that the existing parish house would be razed and 15 parking spaces would be created. The building "as removed but there is insufficient space far 15 parking spac- es. b. At this time the applicant is seeking to revise the contract to specify only 6 parking spaces. There are other chang- e proposed to the contract. The Planning Staff would recgm- entl that the floor area of the building be tied to the umber of spaces to beprovided. Initially, it was thought that the site development (church) would be considered "grandfathered" (nonconforming) In terms of parking and that the contract z should include the required parking. The building w estimated at approximately 5,000 square feet and 15 spaces would be adequate. C. Staff would recommend that the contract include a statement that the development would meet the parking requirement of one space per every 300 square feet. Staff would favor limiting the floor area to 1,800 sq. ft. for c s ial use. Another option would be far the applicant to provide the additional parking required off-site. d. Staff would not recommend the proposed a endment without some additional language to address parking.