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HomeMy WebLinkAbout1989-07-10 89-311 ORDINANCEr1eII Action Date 7/18/89 Item No. 89-311 Iens/Sobjecb Amending Zoning Ordinance --Contract Zone Change - 1004 State Street - C.O. A 89-311 Responsible Dispensed; Planning Division Commanpry: The Planning Board, at itsregularly scheduled meeting of July 17, 1989, held a public hearing on the contract zone change request at 1004 State Street. - Charles Gilbert, Esq., andFrederickGallant (the applicant) both spoke in favor of the proposed contract zone change. No one spoke in opposition.. After some discussion regarding existing zoning in this area of Outer State Street and the contract conditions as proposed, the Planning Board voted five in favor and none opposed to recommend denial of C.O. 0 89-311. �e Manager's Common: to fl A . J 9-brrg(,euyl n / 'CWogai�r(Wd Cite Mawger Associated hdormatipn: - ) Budget Approval: `6� o _ ,. lin. nDvxrw Legal Approvel: City $ 1 { Introduced For O Passage - ❑FirstReeding- Page_ of ❑Referral 89-311 Aso ped to Councilor Stone, July 10, 1989 k CITY OF BANGOR (TITLE.) 0rbhUUTr0r Amending zoning ordinance 1004 State Street BtUordaiaW by the City CowmW of Oity WBangor. wfoibwu 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 1004 State Street (Tax Map No. R-71, Part of Parcel No. 33) from Residential 1 Zone to Residential 3 Zone.. Said parcel containing approximately_. 1.3 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. Theuse and/or operation of the subject .premises shall be subject to the following limitations and/or restrictions: A. One -family, two-family, three-family, and four family dwellings not to exceed a total of six (6)' units on the parcel. B. Home occupation or profession (subject to the requirements of Article 21). C. Accessory uses on the same lot andcustomarilyinaL- dental to and subordinate to the above uses. This change shall relate only to that portion of the property easterly of the brook that descends from Mt. Hope Cemetery: the portion westerly of the brook is already R-3 and shall so remain. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforce- ment 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 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. 89-311 ORDINANCE ( TITLE ) Amending zoning Ordinance 1004 State Street In city: council July 10,1989 Nefemed to Planning Bova G, Aaripied �_ cury Clerk slat um In City cannon July 24,1989 Indefinitely Poatpmei _ C yee ri ,(. [.' 0 a R1 TO R3 CONTRACT 89-311 AREA ENLARGED APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE June 26, 1989.. THE PLANNING BOARD OF BANGOR, MAINE: NO. 1. I(WE) Fred Gallant 2. of 980 Main Street -Dunstable 01827 Address City cr Post Off rce Te ep one hereby petition to amend the zoning ordinance of the Cite of Bangor, Maine by reclassifying from R-1 to the R-3 Contract zone the property outlln� on the maps attached hereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 1004 State Street Total Area (acres or square feet .3 a 4. PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. East of Pine Street Western side of State Street south of Mt. Hope cemetery 5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. R71Parcel 33 6. EXISTING USE: R-1 ). PROPOSED USE: R-3 Contract 8. NAME AND ADDRESS OF OWNER OF RECORD: Name Fred Gallant less) $125.00 $ 50.00 Addre11980 Main Street,Dunstable/0182' R. NAME AND ADDRESS OF CONTRACT OWNER (if Such): None 10. SIGNATURE OF OWNER OR CONTRACT OWNER: C'M"� ?'64td�N (i {y Gad✓ 11. REPRESENTATIVE OF APPLICANT: Name Charles E. Gilbert, I11, But, (if applicable) Address 8 Harlow Street. P.O. Box 2335 Bangor, Maine 04401 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM 6 DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR, ME. Application Fee: Processing Advertising Total Zone Change (1/2 acre or less) $125.00 $ 50.00 $175.00 Zone Change (In excess of 1/2 acre) $225.00 $'50.00 $275.00 Contract Zone Change $400.00 $250.00* $650.00 * leo Ads Required PLEASE READ PROCESSING PROCEDURE ON REVENUE SIDE 4�T'3 of CONDITIONS FOR CONTRACT ZONE REQUEST PERMITTED USES: (1) one family, two family, three family, and four family dwellings not to exceed a total of six (6) units on the parcel. (2) Home occupation of profession (subject to the requirements of Article 21). (3) Accessory uses on the same lot and customarily incidental to and subordinate to the above use. NOTE: This change shall relate only to that portion Of the property easterly of the brook that descends from Mt. Hope c e$$ary; the portion westerly of the brook is already R-jpapd shall so remain. 3 e/' Item Me. 5: Zone Change - 1004 State Street - Fred eallaMt C.O. 0 89-311 a. Applicant requests a zone change from Residential 1 Zone to Residential 3 Zone subject to certain conditions and limitations (contract zone) for approximately 1.3 acres of land located at 1004 State Street. b. The parcel in question is located on State Street beyond the Meatlowbrook Read next to the Mount Hope Cemetery. The lot has 100 feet of frontage on State Street and runs back all the way to Mount Hope Avenue. C. The Board may recall this parcel was before them in February of 1988. At that time the applicant was requesting that the entire parcel be rezoned to Residential 3. The Planning Staff had recommended that the portion which fronted an State Street should remain Al. At that time the applicant amended the application and only the rear portion of the parcel was rezoned. d. The City's Land Use Policy in this area s low density resi- dential. The aa isting zoning is Residential 1, Civic & Insti- tutional, Parkand Open Space, and Residential 3 off Mount Hope Avenue. e. The contract conditions proposed include I thru 4 unit build- ings and a limit of 6 units on the one acre parcel. The other conditions restate existing permitted accessory and home occupation uses. At present there are nconditions r which relate to buffers, setbacks, o other development standards. The Staff would recommend that the State Street frontage r zoned Residential 1. Further, we would not find the proposed 100 foot wide lot asuitable place to introduce multi -unit dwellings. The R3Zone requires a lot width of 120 feet as a m inimum for a four -unit building. f. Staff would recommend that the Board recommend that the City Council deny the Proposed rezoning request•