Loading...
HomeMy WebLinkAbout1989-08-14 89-338 ORDINANCEcNaNu nN an DMe Nov. ], 1989 Item N% 8 Amending Zoning Ordinance - Contract Zone Change.- 458 be/Subjeeb Essex Street - C.O. $ 89-338 flmptnribW Deponmmb Planning Division D mwx xy: The City Council referred this zone change request beck to the Planning Board to, allow the applicant to submit additional contract conditions for reviewby the Board. The applicant submitted the additional conditions (see attached amended ordinance) which was xeadvertised and heard at the Board's regular meeting of November 6, 1989. Attorney Gilbert, representing.the applicants, spoke at length in support of the contract conditions and the proposed zone change. ' One resident of the area spoke in support of the contract zone change request and five other residents of the area spoke in opposition. The Planing Board voted five in favor and none opposed to recoammeng denial of the contract zone change request in this location. ManKbeCp Inb. l (� I'��u+Jui onn 6wn1Mc4pw.rn . p In2WltW AI wcIX"-,[�.,�/1�e+1 K`, In �NlLaa c(frnc QKt,pYW�U-EW.w.-�� ���Muwta.,,,:.,l.nbsn Aboei�t!d l,M ion.e p5 amrxvru, J .%V� Budpt ApprrnN. N.h— Rte`^"' Fmeiwa Dvtgw Lyl ApporN: •... W}1r� 1P Vete , ' \_ 'T Cuy abrirw mvnauua Far Fangesdin .. ❑flNertN Defe 8/22/89 - Item ido.-I _ Item/Bubjece Amending Zoning Ordinance - Contract Zone Change - C.O. B 89-338- Hapomible0epertmene Planning Division The Planning Board held a public hearing on the above zone change request at its regular meeting of August 21, 1989. Attorney Charles Gilbert, o of the applicants, 'spoke in favor of the proposed zone change. Joyce Coombs, an abutter to the property, also spoke in favor of the proposed change. There were a number of area residents who appeared in opposition to the zone change request including: Grace Treworgy, June Commeau, Clayton Comeau, Fred Lower, Galen Veayo; Dan Gallant, and John Lair. After careful consideration of the nature of the area and the proposed use of the area for low density residential as well as the existing R-1 zoning and the residential nature of the existing development, the Planning Board voted 5 in favor and 0 opposed to recommend denial of the zone change request in C.O. 9 89-338 to the City Council. orpnew'I ""a Wow's Comments: " 4- a, „ a Ly Cey Mamgn Associated lnfornN[lan: Budget Approval: Leyl Approval: Introduced For - OPace" ❑First Reading Pape _of_ ❑ Referral ,01 vc'2z� Data 8/22/89 Item No. Item/Subject: Amending Zoning Ordinance - Contract Zone Change C.O. p 89-338 RaapomibIa Department: Planning Division _ Cmnmmnry: The Planning Board held a public hearing on the above zone change request at its regular meeting of August 21, 1989. _ Attorney Charles Gilbert, one of the applicants, spoke in favor of the proposed zone change. 'Joyce Coombs, an abutter to the property, also spoke in favor of the proposed change. Therewere a umber of area residents who appeared in opposition to theo zone change request including: Grace Treworgy, June Comeau, Clayton Comeau, Fred Lower, Galen peeps; Dan Gallant, and John Lair. After careful consideration of the nature of the area and the proposed use of the area for low density residential as well as the existing R-1 zoning and the residential nature of the existing development, the Planning Board voted 5 in favor and O: opposed to recommend denial of the zone change request in C.O. p 89-338 to the City Council. �p / Manegx's Comments f PRa,..,' b"Aaa..9Mw.P-cI NA,....r1Ae.a-r"_Z Mvmgn Aefouamd Information. 8udgat.APpmvak --oltll Legal Approval: cin ewmrtw Introduced Far Onus" ❑ Not ReadingPap _ of ❑Relerml w onAue NH st 7 1989 Item No. 89-338 Item/Subject hrendtl g Zoning Ordinance - Contract zone Change - g 450 Essex ' ggten t Responsible Lrepemm �: Planning Division Commenpry: For Referral to Planning Boaa . eexrae Managers Comments: OF Mawgn Anacumd Information: Budget Appronl: rig ...e m'rramr Legal Approval: n ,.f �.. LiryS Intoduccd For Ora:age El First Sending' - Page_of_ ©Referral 89-538 (As Amended) Aedgned to Councilor CITY OF BANGOR (TITLE) MYDtllffi1CPt Amending zoning Ordinance„ . Beit ordained 6y W Coy Council of W City aaanpon W fallome: 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 a parcel of land located at 450 Essex Street (Tax Map No. 45, Parcel No. 9C) from Civic and institutional Zone to Commercial 2 Zone subject to certain conditions. Said parcel containing approxi- mately 80 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 Following Uses Shall be Permitted Uses: 1) professional offices 2)mmpployer-sponsored day-care where not less than 40Z of children enrolled are children of persons employed on premises; 3) maximum building size: 6,000 sq. ft. 4) maximum building height: 2. stories 5) no changes on the Essex. Street aide of the building without site plan approval (or the equivalent) from the Planning Board 6) accessory uses on the same lot and customarily incidental to and subordinate to the above uses. B. Prohibited Uses: - 1) Any use not specifically permitted above or in Article 21 of the City of Bangor Zoning Ordinance. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforce- ment ofallthe 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. 89-338 Ae fwd be Coun flor Sosnaud, August 14, I909 CITY OF BANGOR (TITLE.) @rbilt=er 2911ip Ordinance 450 Essex Street Be to srdsimd Dg Na Citg Cmumit Wtha Cita otBanwr,mjdiome:'"" " THAT the zoning boundary lines as established by the Zoning Mapof the City of Bangor dated September 23, 1974, as amended, be hereby further emended as follows: By Changing a parcel of land located at 450 Essex Street (Tax Map No. 45, Parcel No. 90 iron Civic and Institutional Zone to Commercial 2 Zone subject to certain conditions. Said parcel containing approximately .80 acres and being more particularly indicated on the map attached hereto and madea part hereof.. PROVIDED, HOWEV&t 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 done 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 following Uses Shall be Permitted .Uses: 1) professional offices 2) employer-sponsored day -pare where not less than. 40% of children enrolled are children of persons employed on premises; 3)- accessory used on the same lot. and eustarlly incidental to And subordinate to. the above uses. B. Prohibited Uses: 1) Any use not specifically permitter) above or -in Article 21 of the City a Bangor Zoning Ordinance. 2. Execution by those .parties with an interest in the affected property of an 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 City Clerk and incorporated herein by reference. In the event that said agreement is not so executed and r orded within ninety (90) days from the date of passage hereof, this Ordinance eball become null end void. 89,338 ORDINANCE ,f11,LE I mardirg spring Ordinance 456 Essex ST city C J is 11 nV 89 1C ty Clerk IN CITY COUNCIL Aesignedb August 28, 1989 Can at next regal1A1W1I} _ a imT ITY CL UK IN CITY COUNCIL September 11, 1989 Referred back to the Planning 'Bo CIT4 Cyw IN CITY COUNCIL November 13, 1989 Indefinitely Postponed by the following yes and no vo Councilors voting yes: elanchew^ Savyar. Seel, Sosnaud and Sull . Councilors voting no: Baldaccii Cohem England and Stone. t 1 t%erm, CITY CLERK \� APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT w TO: THE .CITY COUNCIL AND DATE THE PLANNING BOARD OF BANGOR, MAINE: NO. 1. I(WE) NPC Associate$ 2. of P.O. Box 2339 Bangor, Maine 04901 947-2223 Total Zone Change (1/2 acre or Ad ress City or. Post Orrice Telephone hereby petition to amend the zoning ordinance of the City of $125.00 . Bangor, Maine by reclassifying from Civic s InstitutiIXpde to Zone Change (In excess of ": the C-2 Contract zone the property outlined 1n red on the maps 1/2 acre) attached hereto, which are part of this application, and $ 50.00 . described as follows: - $400.00 3. ADDRESS OF PROPERTY 11f any) 450 Esex S Milford) * Two Ads Required'- Total Area (acres or square eet .80 e . PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE 4• PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. East of Pine Street - .E0 acre plus of minus, N.M. corner of Essex Street at Milford Stree present location of Jehovah's Witnesses Kingdon Hall 5. LEGAL. DESCRIPTION OF PROPERTY -Assessors Map No. 45 Parcel gr 6. EXISTING USE: Civic d Institutional 7. PROPOSED USE: C-2 Contract (See attached condition) S. NAME AND ADDRESS OF OWNER OF RECORD: Name Bangor Conareaation of aehoval Witness, Addres%50 assex St , R,ngnr. Ma, 9. NAME AND ADDRESS OF CONTRACT OWNER (if such) NpC Associates 7319 Pannnr, Me. /1 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name Charles R. Ailhart iii (if applicable) I- - Address B xnrinw Street. nava^. Maine 0440. 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) 1 $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. * Two Ads Required'- . PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE ADDENDUM TO C - 2 CONTRACT ZONECHANGEAPPLICATION 450 ESSEX STREET THE FOLLOWING USES SHALL BE PERMITTED USES: 1a7. professional offices; (b) employer-sponsored day-care where not less than 40% of children enrolled are children of persona employed on premises; (c) accessory uses on the same lot and customarily incidental to and subordinate to the above uses. PROHIBITED USES; Any use not specifically permitted above or in Article 21 of the City of Bangor Zoning Ordinance. Item No BI Zone Change - 450 Essex Street - NCP Associates - C.O. e89-398 a. Applicant requests anchange from Civic and Institution- al Zone to Commercial 2Zone for approximately three quar- ters of an acre located at 450 Essex Street. b. The proposed contract zone change is located on the corner of Essex Street and Milford Street (primarily an access drive to the Mary Snow Schoen. This site is the present location of the Jehavah's Witnesses church. TM1e contract. conditions basically limit the use of the property to proles - agonal office use. C. The Planning Board is well aware of the concerns of the Ingle family homeowners whoraslde along thisstretchof Essex Street. It has been the Staff's recommendation that this area be maintained as a residential Area andel dev_yl.pp= Went that would add additional traffic and ecti vl ty should be discouraged. The City's land use plan indicates this parcel for Civic t Institutional use, largely due to the church use at the time of the land u a plan revision. d. While there may be other uses allowed in the Cal Zone which e would generate m activity than the existing church 'Staff would not find the proposed commercial contract zone in - accordance with the City's development plans forthis - ection of Essex Street. The contract as proposed provides o limitations on floor area or 'a restriction to the existing building. There are no provisions for buffers or hours of operation. e. Staff would find the proposed request in conflict with the City's development policy for Essex Street and further the proposed contract does not provide any sort of protection from the development of Office useat this location. Staff would recommend that the Planning Board recommend denial of the proposed C2 contract to the City Council. 89-338 m R4 1%1__ - ■ R4 M C&1 TO C2 CONTRACT! APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE THE PLANNING BOARD OF BANGOR, MAINE: NO. 1, I(WE) NPC Associates 2. of P.O. Box 2339 Bangor, Maine 04401 947-2223 Address City or Post Office Telephone hereby petition to amend the zoningordinance of the City of Bangor, Maine by reclassifying from Civic S Institutimmrle to the C-2 Contract zone the property ou—Mnedin [ed on the maps attached hereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 450 EssexStreet #Cor Milford) Total Area (acres o square Feet) _ ,EO a 4. PROPERTY LOCATION (General Description): Example - South side at State Street 400 yds. East of Pine street .EO acre plus or minus, N.W. corner of Essex Street at Milford Scram present location of Jehovah's Witnesses Kingdom Hall S. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. 45 Parcel_ 6. EXISTING USE: Civic and Institutional 7. PROPOSED USE: C-2 Contract (See attached condition) B. NAME AND ADDRESS OF OWNER OF RECORD: Name Banaor Congregation of .Tehoval Witness, Addres%50 Pages Mt.. nangnt Mo, 9. NAME AND ADDRESS OF CONTRACT OWNER (if suCh)NPC Associates 2319 /1 //'' �// , Me. 10. SIGNATURE OF OWNER OR CONTRACT OWNER: ( 7 KC4 - 11. REPRESENTATIVE OF APPLICANT:. Name CM1arleg R. pi lher� STT (if applicable) — Address - R Harlow Street anger Mains 0440. 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM s 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 Two Ads Required `PLEASE -BEAD PROCESSING PROCEDURE ON REVERSE SIDE ADDENDUM TO C - 2 CONTRACT ZONE CHANGE APPLICATION 450 ESSEX STREET THE FOLLOWING USES SMALL BE PERMITTED USES; (a) professional offices; (b) employer-sponsored day-care where not less than 401 of children enrolled are children of persons employed o Premises; (c) accessory uses on the same lot and customarily incidental to. and subordinate to the above uses. PROHIBITED USES• Any use not specifically permitted above or in Article 21 of the City of Bangor Zoning Ordinance. I -- tem Na, ee Zone Change - 430 Essex Street - NCP Associates - L.O. k89-338 a. Applicant requests anchange from Civic and Institution- al Zone to Commercial 2Zone for approximately three quar- ters of an acre located at 450 Essex Street. - A. The proposed contract zone change is located an the corner of Essex Street and Milford Street (primarily an access drive to the Mary Snow School). This site is the present location of the Jehovah's Witnesses church. The contract conditions basically limit the use of the property to profes- sional office use. C. The Planning Board is well aware of the c of the Ingle family homeowners who r reside along this stretch of Essex Street. It has been the Staff's recommendation that this area be maintained a r residential a and develop_ ant that would add additignal traffic and activity should be discouraged. The City's land use plan indicates this parcel for Civic & Institutional use, largely due to the church use at the time of the land use plan revision. d. While there may be other uses allowed in the C&I Zone which e would generate m activity than the existing church Staff. would not find the proposed commercial contract zon accordance with the City's development plans for thiin s action of Essex Street. The contract as proposed provides no limitations an floor area or a restriction to the existing building. Thera are no provisions for buffers or hours of operation. - - a. Staff would find the proposed request in conflict with the City's development policy for Essex Street and further the proposed contract does not Provide any sort of protection from the development of office use at this location. Staff would recommend that the Planning Board recommend denial of the proposed C2 contract to the City Council. 89-336 R4 r■ �'. wr 0�.. C2M R4 R1 Ar W ----------- .,_ W ------ R1 LM R2 APPLICATION FOR ZONING ORDINANCE AND HAP AMENDMENT ` T0: THE CITY COUNCIL AND "-,DATE THE PLANNING BOARD OF BANGOR, MAINE: NO. 1. I(WE) NPC Associates 2. of P.O. Box 2339 Bangor, Maine 04401 947-2223 _ Advertising Total Add teas C [y o[ Pos[ Of E1ce Telephone hereby petition to amend the zoning ordinance of the City of less) $125.00 Bangor, Maine by reclassifying from Civic z Institutiotvfe to $175.00 Zone Change (In excess of the C-2 Contract zone the propertyoutlad in red on the maps - attached hereto, which are part of this application, and $225.00 $50.00. described as follows; Contract Zone Change 3. ADDRESS OF PROPERTY (if any)�p50 Essex Street Milford) $650.00 * Two Ads Required #co Total Area (acres or square Laet) .8a acre _ 4. PROPERTY LOCATION (General Description): Example - South side Of PROCEDURE ON REVERSE SIDE State Street 400 yds. East of Pine Street .80 acre plus or minus, N.W. corner of Essex Street at Milford Stree present location of Jehovah's. Witnesses Kingdom Hall 5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. 45 Parcel gr 6. EXISTING USE: Civic and Institutional 7. PROPOSED USE: C-2 Contract (See attacheg condition) 8. NAME AND ADDRESS OF OWNER OF RECORD: Name Bangor ConareaaH nm of *ehova. Witness - Address)50 Essex St.. Bananr Me. 9. NAME AND ADDRESS OF CONTRACT OWNER (if Such)NEC Associates 2139 , Me. 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT:. Name Charles E. Gilbert *ii (if applicable) Address 8 Harlow Rfroot angn.Ma 0440 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 * Two Ads Required _ PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE The following list of people are associated with: NPC Associates --- Norman Hei� - - Peggy Gilbert Charles Gilbert — --- October 4, 1989 Planning Department City Of Bangor City Hall 73 Harlow Street Bangor, Maine 04401 RE: NPC AB80ciates-RerOning Application 450 Essex Street Gentlemen Enclosed please find our check payable to the City Of Bangor in the amount of 8250.00, representing the additional - advertising fee involved in the rehearing of this matter. I understand that it will be on the Planning Board agenda for November 6. This will also serve to confirm the additional conditions which the applicant has proposed be added to the conditions on the 'original application: 1. Maximum AYNNV nS AT uw size: UGGY B. GUMS ft. 6N wSousa NGWAN S. KmnwN BI IO2)07=1 F. 0, BOX AH 0ARD3 B. Ga9P8im DEBrOw020744IM71 6MROR, N.lnm d9043n9 October 4, 1989 Planning Department City Of Bangor City Hall 73 Harlow Street Bangor, Maine 04401 RE: NPC AB80ciates-RerOning Application 450 Essex Street Gentlemen Enclosed please find our check payable to the City Of Bangor in the amount of 8250.00, representing the additional - advertising fee involved in the rehearing of this matter. I understand that it will be on the Planning Board agenda for November 6. This will also serve to confirm the additional conditions which the applicant has proposed be added to the conditions on the 'original application: 1. Maximum building size: 6000 sq. ft. 2. Maximum building height: 2 stories 3. No changes on the Essex at. aide of the building without site plan approval (or the equivalent) from the Planning Board. The real estate purchase and sale agreement which is Os file in this case has been modified and supplemented. NPC Associates has waived the rezoning contingency, and will be purchasing the building even if the rezoning is not granted. Please advise whether a sign oust he Posted and, ifgo, when. Planning Department, City Of Bangor October 9, 1989 Page Teo Thank you for your anticipated cooperation. Sincerely yours, ll.Cb//a[�-lesles S. Gilbert III CBG/g r Item No. a( Contract Zone Change - 450 Essex ren Associates - C.O. a 89-338 a. Applicant has resubmitted acontract a change request from Civic and institutional to Commercial 2 Zone for appnox- imately 3/4 acre locate�50. Essex Street. (you will call that this request was before you in September and was tabled by the City Council to allow the applicant to resub- mit with new Conditions. Because of the fact that the pub- lic hearing had been closed and the conditions accompanying the a re to be changed, the project was eadvertisad at the-expenseof the applicant and is beck before your for review of the new conditions.) b. As you knows the proposed site is located an the corner of Essex Street and Milford Street and is presently the loca- tion of the 3ehovah's Witnesses church. The proposed con- tract - tract conditions limit uses in the Contract C-2 Zone to "professional offices" nd"emplayer sponsored day care where net less than 40% of children enrolled are children of persons employed on the premises." Additional conditions allow forana to the present building which i ap- proximately r 3500 sq. ft. of floor area to 6000 sq. ft. of floor a a (which would amount to a approximate doubling). Also, the building "height" is limited to "two stories." The oresant building is a one story building which fits in with the residential character of the area. Applicant also proposes some sort 04 condition which would not permit change on the Essex Street frontage of the property "without site plan approval." This condition is somewhat meaningless since changing the zone to C-2 would require any change to the site which added parking etc. receive site plan approval anyway. - c. At the time of the original zone change request Staff point- ed out that this is a residential area with predominantly single-family residential uses along the Essex Street front- age and that there has been sagreat deal of concern about increased traffic from v activities in this a over time. e Land Use Policy on the site itself iscivic and Th institutional, reflecting the church use at the time of the Land Use Plan Revision in 197S. Staff noted in its initial review of the project that there were other uses in the civic and institutignal zone which Could generate more activity than the existing church (and applicants have argued that this is a distinct possibility n this came). Howevert the proposed contract provides for early doubling the floor area of the existing building a well as allowing an increase n bulk by building a addition— al story upon the present building. This would change the exterior appearance and the bulk of the building drastically which would clearly make it out of character with the single-family detached dwellings existing in this area. Also, the increased floor area could increase the amount of traffic generated by the site. As with the original request] we must point out that a C-2 Zone (whether it be contract ornoncontract) is clearly in conflict with the City's development policy Along this stretch of Essex Street and that while there are some addi- tional conditions proposed by applicant at this time (the limitation on the square footage of the building and the limit of the number of stories to two) these conditions, rather than assuring that there will be minimal impact from reuse of the buildings open up the possibility of expanding the building in bulk and area and increasing its negative impact upon the neighborhood. For that reason w do not feelthatthe contract conditions provide adequate safe- guards to the neighborhood and would recommend that the Plannigg Board recommend denial to the City Council.