HomeMy WebLinkAbout1989-10-23 89-414 ORDINANCE�uomwmxmmn
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lum/Subjean Amending Zoning Ordinance -
Contract Zone Change -
96 Thirteenth Street
Bmpomibb Oepertmend
Planning Division
Commen{dy:
Referral to Planning Board Only.
This applicationis for 'a contract zone
change to re -use the
former Coca-Cola Bottling Plaoton Thirteenth Street for civic
and institutional use by Penobscot Foundation for Developmental
Services
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Mduear a Command:.
Amoiatedlnbrmaelan:
Budget Approval;
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Leel Approwk
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Introduced For
ogirruge
O First Reading - - Pap—ot_
®Referral to Planning Board
DM Nov. ], 1989 (spy 89-414
Amending Zoning Ordinance - Contract Zone Change - 96
bem/Subjea: Thirteenth Street - C.O. d 89-414
flapomible Depnmmr Planning Division
Datemm ;
Applicant requested a zone change from R-1 to C 6 I subject to
certain conditions to reuse the existing Coca-Cola Bottling
facility located on a site containing approximately 3 2/3 acres
on Thirteenth Street.
Applicants and applicants( designers and attorneys presented their
plans for reuse of the building to the Board.
There were no opponents who spoke at the public hearing. (Applicant
had sent out letters to some 75 property owners in the area and had
held two neighborhood meetings to discuss their plan prior to
appearing before the Planning Board.
The Planning Board voted five in favor and none opposed to recommend
the contract zone change for this site to the City Council.
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89-414
Aevgaed to Coaaceor (AMENDED)
CITY OF BANGOR
(TITLE) @VYMAlURf Amending Zoning Ord nye
96 Thirteenth Street
Be rt ordained by Mw City Coaui! o7@s City e(BaapT, aele4nym:
THAT the zoning boundary lines as establishedby 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 96 Thirteenth Street (Tax
Map No. 12, Parcel No. 51) from Residential 1 Zone to Civic and
Institutional Zone. Said parcel containing approximately 3.67
Cres and being more particularly indicated onthe 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. Lot Coverage:
(1) The total floor space (excluding thebasement
in the existing building) shall not exceed 30,000
square feet. Except for an entry way to the
existing building, all new construction shall be
limited to single story buildings. All additional
construction shall be confined to the area set
forth in the attached sketch,
(2) No structure shall exceed the heighcof the present
building.
B. Existing or comparable replacement vegetation will be
maintained along a buffer zone, fifteen feet (151) i
width, extending along the entire northeasterly side-
line of the premises.
89-414
(AMENDED)
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.
89-414
Ax"
red w CommOor stone. october 23, 1989
CITY OF BANGOR
(TITLE.) 0TDf1 MUZ, Amend ng zoningordinance
96 Thirteenth Street
Be(t erdahud by the City Co l Of 61e City OR6a4er. ae/bymye.
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 96 Thirteenth Street (Tax
Map No. 12, Parcel No. 51) from Residential 1 Zone to Civic and
Institutional Zone. Said parcel containing approximately 3.67
acres and being more particularly indicated on the map attached
hereto and made a part hereof.
PROVIDED HOWEVER THAT, in addition to the mandatary 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
e and/or operation of the subject premises shall be
subject to thefollowing limitations and/or restrictions:
A. Lot coverage: 20% maximum. Any expansion after
October 1, 1989 limited to one story except for entry
way into existing building..
B. Buffer Zone Fifteen Peet (15') in width minimum
along entire northeasterly sideline of the premises.
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.
89-414
ONUINANCE
In City Council
OCTOBER 23, 1989 (
TITLE,) Amending Zoning ordinance 96 Thirteenth
Referred to Planning Board
1 LE
CITY CLERK
IN CITY COMM
November 13. 1989
Assigned [o
by Substitution by the following
yes
,Passed
and no votes. Councilor'nQ
voting yes: Bsldecci).Blanchette,
Cohen, England, sawyer; surd,
saaq ua, scone dna Sullivan.
CITY CL i
89-414
R1
R1 TO C&I
-T40"OfT
m � i
m
0
y
IMU�TIp�..E ' V-bJ-�OiGAP ���
APPLICATION FOR ZONING
ORDINANCE,
AND MAP
AMENDMENT
Zone Change (1/2 acre or
Developmental Services
TO: THE CITY COUNCIL AND
DATE
THE PLANNING BOARD
OF BANGOR,
MAINE:
NO.
1. 1( WE) Penobscot Foundation for Developmental Services
dBYo
2. of 143 Illinois Avenue, Bangor Maine 04401 (207) 941-ZI,90,
A3dress
CFL
or Post Orrice Te ephone
hereby petition to amend the zoning ord finance £ the City of
Bangor, Maine by Is I as;fying from non-_Dhf 1; one to
the Civic d Instit- a property cut,_
ut IHa in red on the maps
attar ado h�hich are part of this application, and
described as Collows:
3. ADDRESS OF PROPERTY (if any) 96 13th Street
Total Area (acres or square feet) 3.67 acres -+/-
4. PROPERTY LOCATION (General Description): Example - South side of
State Street 400 yds. East of Pine Street
North Side 13th Street, East of Fairmount School
5. LEGAL DESCRIPTION OF PROPERTY -Assessors -Map NO. 12 Parcel 51.
6. EXISTING USE: Ro -co Eormin Industvial/Bottlipe Plant
7. PROPOSED USE: Civic - Institutional
E. NAME AND ADDRESS OF OWNER OF RECORD: Name Coca -Cela ROttlina Como
9.
NAME AND ADDRESS OF CONTRACT
OWNER (i£ such). Penobscot Foundation
for
Zone Change (1/2 acre or
Developmental Services
less)
143 I s Av
ME
$175.00
Zone Change (In excess of
-
04401
lU.
SIGNATURE OF OWNER OR CONTRACT OWNER:
$ 50.00
$275.00
Contract Zone Change
ll.
REPRESENTATIVE OF APPLICANT:
Na athanane I. Esq.
* Two Ads Required
(i£ applicable)
27 State Street
PLEASE BEAD PROCESSING PROCEDURE
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACTZONEREQUEST.
RETURN FORM S DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR, ME.
Application Fee: -
Processing
Advertisina
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
12. Proposed Conditions:
(1) Lot Coverage:
(a) The total floor space (excluding the basement
n the existing building) shall not exceed
30,000 square feet. Except for an entry way
to the existing building, all new
construction
shall be limited to single story buildings.
All additional construction shall be confined
to the area set forth in the attached sketch.
(b) Eo structure will exceed the height of the
present building.
(2) Existing or comparable replacement vegetation will
be maintained along a buffer zone, fifteen feet
(15') i width, extending alongthe entire
northeasterly sideline of the premises.
RECEIVED OCT 3 1 10
Item No. 5:
M
Contract ZaTM1iri�mneta Street
ne Change - 9 6
Penobscot Foundation for Bevels tal Services
C.G. k 89-414
Applicant requests a zone change from R-1 to Civic
and Insti-
tutional for a property containing approximately acres
located an Thirteenth Street (the property presently houses
the Coca Cola Bott is to use the company existing building ) for Acivic
aaand inoti-
tutts re-
ional permitted use sub Jett to certain conditions.
The proposed conditions limit the total floor area of the
building to 90.000 eq. ft. (the existing building is aPProxi-
mately 22,500 sq. it. in area). The proposed conditions
also limit new can% ruction to one story. Further,
applicant has submit tatl a ske
echd0 tt on would area around be the
building i which any poesi a structureny to
onfined. nAn atlditichal sontlition li(there mits ais, apparently, a
the height of the axistin
it oultll in
have two levels in it).
possible entry way a tat -
Finally. applicant proposes to main
mthetproperty
ed areaalong the area wherePthereart
are residential buildings
which
utting the only area a
abutting the property.
The nonconforming bottling Plant is basically, an industrial
and the reuse of the property would allow (under step
down proviciame in Article'2 of the Ordinance
inuation for
taerange
preee04
potential activities las well as ca
nt
e by n other owner). The ptl use isOne which,
while it a acertain amount
f floorwithin
the
building, does not generate the kind of traffic thatother
similar amount of floor area might generate in so
me
use Primary activity would be coming and going of the
Clients of the program (which number presently:
approximately 50), and the instructional staff which number
approximately 30. In our view, the proposed contract zone
change provides Oar r e Of property, such. as that
allowed under the n ncon4ormities section 04 the Ordinance,
for an activity which i much less intensive and has much
less impact upon the neighborhood than the presenta e
us r
s
other Potential rouses of the property. In fact, the
activity level of the proposed reuseis probably
considerably less than the existing elementary school which
abuts this Property to the west. Because 04 the rather
extensive lot, nearly four acres, there isuP plea room the
room for
reuse of the property without encroaching
school site or abutting residentialPropertiesto the east.
Tae only issue that this application raises in the mind of
Staff is the Provision which allows fortpP bapatldetl tothe
8,000 eq. ft. of additional floor a
rea iabuilding esWh rf [oppllpwnfura[M1entlicmted commitment
funds tolthe
3-
substantialainvestment which must [bemmade to4rehabilitate
the building far its uae, ths c ao o a
from present policy of not encouraging expansion of what i
basically a conforming use situation. Applicant can
explain the need to have some
leeway
for
and addifortional services
classroom and service area
increase. —
e. In Staff's view the use
is
appropriate and the contract
conditions relate to thephysical development of the proper-
ty and, therefore, meet Ordinance and State Statutory provi-
sions.
u
The only i which the Board must address is h,th-
ar i comfortable in allowing for potential (although not
guaranteed eapansionl of the floor area of the building o
this site. Were it not for that possibility in the contract
conditions, Staff would have no hesitation rm.,ding that
the Board recommend this contract zone changetoCity
Council. _ _
89-414
APPLICATION FOR ZONING
ORDINANCE
AND MAP
AMENDMENT
Address C ty Or Past Ortice
Te ep one
hereby petition to amend the zoning ordinance of
TO: THE CITY COUNCIL AND
$125.00
DATE
THE PLANNING -BOARD
OF BANGOR,
MAINE:
NO.
1. I(WE) Penobscot Foundation for Developmental Services
2.
of 143 Illinois Avenue, Ban or, Maine 04401
(207) 941-2290
Total
Address C ty Or Past Ortice
Te ep one
hereby petition to amend the zoning ordinance of
thCity of
$125.00
Bangor, Maine by incises ��',,EEging from non-cohformi
Pizone to
Zone Change (In excess of
the Civic & Inatit-' f" s property outlines
on the maps
attached hereto, which ace part of this application,
and
$ 50.00
described as follows:
Contract Zone Change
3.
ADDRESS OF PROPERTY (if any) 96 13Th Street
$650.00
* Two Ads Required
Total Area (acres or square fe003.67 acres +/-
-4.
4.
PROPERTY LOCATION (General Description)r Example
- South side of
State Street 400 yds. East of Pine Street
North
Side 13th Street, East of Fairmount - School
S.
LEGAL DESCRIPTION OF PROPERTY -Assessors Map No.
17 ParcellL
6.
EXISTING USE: Non -conforming Ind/Bottlina
Plant
7.
PROPOSED USE: Civic - Institutional
8.
NAME AND ADDRESS OF OWNER OF RECORD: Name Coca-Cola Rntrlin¢ Cmmn
9. NAME AND ADDRESS OF CONTRACT OWNER (if such('. Penobscot Foundation for
10. SIGNATURE OF OWNER OR CONTRACT OWNER;
11. REPRESENTATIVE OF APPLICANT: Name�Nat
(if applicable) 27
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE BEQUEST.
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
89-414
12. Proposed Conditions:
(1) Lot coverage: 20% maximum
My expansion after October 1, 1989 limited to 0
story except for entry way into existing building•
(2) Buffer zone Fifteen Feet (151) in width minimum
along entire northeasterly sideline of the premises.
89-414
R1
R 1 TO C&1