HomeMy WebLinkAbout2018-07-23 18-295 ORDINANCETitle, Ordinance
18-295 07/23/2018
CITY COUNCIL ACTION
Council Meeting Date: July 23, 2018
Item No: 18-295
Responsible Dept.: Planning
Action Requested: Ordinance Map/Lot: 048/175
Amending Chapter 165, Land Development Code, Contract Zone Change — 31 Somerset Street (Tax Map 048-
175) from Urban Residence Two District (URD2) to Contract Government and Institutional Service District
(G&ISD).
Summary
This contract rezoning will rezone 31 Somerset Street from Urban Residence 2 District to Contract Government and
Institutional Service District. The contract zone change will allow John Bapst Memorial High School to utilize the existing
structure as a school business office.
Committee Action
Committee: Planning Board
Action:
Staff Comments & Approvals
Meeting Date: August 7, 2018
For:
City Manager City Solicitor
Against:
Introduced for: First Reading and Referral to Planning Board Meeting of August 7, 2018
Finance Director
CITY COUNCIL ORDINANCE
Date: July 23, 2018
Assigned to Councilor: Nichols
18-295 07/23/2018
ORDINANCE, Amending Chapter 165, Land Development Code- Contract Zone Change — 31 Somerset Street
(Tax Map 048 Lot 175) from an Urban Residence 2 District (URD2) to a contract Government and Institutional
Service District (G&ISD).
WHEREAS, John Bapst Memorial High School seeks to rezone this property for use as a school business office
WHEREAS, G&ISD will facilitate that use, and
WHEREAS, the contract zoning limitation will not allow a structure in excess of forty feet tall.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS:
Chapter 165 of the Code of the City of Bangor is amended as follows:
That the zoning boundary lines as established by the Zoning Map of the City of Bangor dated October 28,
1991, as amended, be hereby further amended as follows:
By changing a parcel of land located at 31 Somerset Street (Tax Map 048 Parcel 175) from Urban Residence
Two District (URD2) to Contract Government and Institutional Service District, (G&ISD) Said parcel of land
containing approximately .06 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 165-7 of the
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:
A. The height of any building on the property shall not exceed 40 feet.
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. In the event that said agreement is not so executed within ninety (90) days from the date
of passage hereof, this Ordinance shall become null and void.
18-295
JULY 23, 201
a
Is
MEMORANDUM
DATE:August 8, 2017
TO:The Honorable City Council
FROM:David G. Gould, Planning Officer
SUBJECT:Amending Zoning Ordinance
31 SomersetStreet–Urban Residence 2 District (URD-2)
to contract Government & Institutional Service District
(G&ISD) –CouncilOrdinance 18-295
Please be advised that the Planning Board at its meeting on August 7,2018,held
aPublic Hearing on the above zone change request.
Chairman Charles Boothby asked the applicant or their representative to make a
briefpresentation of the request. Mr.Andrew Hamilton, Esq. of Eaton Peabody
indicatedthat he was representing John Bapst Memorial High School.
Mr. Hamilton reviewedthe details of the Comprehensive Plan and the rezoning
application’s consistency with the Plan. He noted this property abuts the school and for
many years has been used as the school’s development office. The applicant wishes to
make the zoning consistent across these two abutting parcels. Additionally, the parcel
is currently nonconforming in its own zone, and this would eliminate a nonconformity.
Mr. Hamilton further noted that this particular property was something of a
transition zone between the larger buildings of the school, the adjacent church, and the
new gymnasium that will be built soon. Because of this, the applicant is comfortable
with contract conditions on the rezoning, limiting the height of the building to 40 feet,
instead of the usual 80 feet allowed in the G&ISD zone.
There wasno opposition tothe rezoning request.
Planning Officer Gould reiterated Mr. Hamilton’s point about the nonconforming
lot and noted that the height limit imposed by the contract conditions would help keep
the parcel in character with the adjacent properties along French Street. He noted that
the planning office had heard no concerns from neighbors.
Member Durgin made a motion that the Planning Boardrecommend theCity
Council adopt C.O. 18-295,amendingthe zoning at 31 Somerset Streetfrom Urban
Residence 2 (URD-2) to Government and Institutional Service District (G&ISD),John
Bapst Memorial High School, applicant. MemberHuhnseconded the motion. The
Planning Board voted unanimously in favor to recommend C.O. 18-295.
IN CITY COUNCIL
JULY 23, 2018
COr 18-295
FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF
AUGUST 7, 2018Al CIT CLERK
IN CITY COUNCIL
AUGUST 13, 2018
COr 18-295
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 8-0
COUNCILORS VOTING YES: DAVITT, GRAHAM, NEALLEY, PERRY, SUPICA,
TREMBLE, WESTON, SPRAGUE
COUNCILORS VOTING NOt NONE
PASSED
4-A.)
CITY CLE