Loading...
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