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HomeMy WebLinkAbout1988-04-25 88-200 ORDINANCEY1V11 "Date 5/1/148 her-No. 88-200 Item/Sublece Amending Zoning Ordinance - Contract Zone Change - 136 Union Street - C.O. 9 88-200 Responsible Department. Planning Division - Commentary: The Planning, Board held a public hearing on the above contract one change request at its regular meeting on May 2, 1988. After considerable discussion as to whether the proposed reuse of the property would create a parking problem in the area, the Board voted four in favor and one opposed to recommend the proposed change to the City Council. Sack Cashman and Dave Giroux, the buyers of the property, spoke in favor of the application as well as representatives of The American Legion, thepresent owners. yunmmr H.md Manager's Comments: - Ci(Y Mevgn' Associated Information: Budget Approval Fivnn Dinno Legal Approval: crusakaw- Introduced For ®Passage Q First Reading Page 1 of 1 0 Referral Item NO. — Pap _of_ wV„ 88-200 item/Subject: Amending Zoning Ordinance - 136 Union Street - Contract Zone Change Responsible Departmene planning Division Commentary: For Referral Only ManageriCommenn: GryA Afsocialed In'"atlon:a p.yl /Ylen 6 Budget Approval: N, I'iunxaeowerlar legal Approval: c.ry saxa r Item NO. — Pap _of_ 88-200 Introduced by Councilor Tilley, April 25, 1988 CITY OF BANGOR (TITLE.) (DrYMMUPe Amend ng Zoning0rd1 ace ,,,,,,,,,,,,,, Union Street Be U ordained by dw City Camudl of Me City of Bangor, as fotlaws. THAT the zoning boundary lines as established by the Z.onig'Hap 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 136 Union Street (Tax Nap No. 42, Parcel No. 35) from Residential 5 Zone to Commercial 2Zone. Said parcel containing approximately 12,093 sq. ft. 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 ofthe subject premises shall be subject to the following limitations and/or restrictions: A. Any business or professional office. B. Accessory uses on the same lot and customarily inci- dental to and subordinate to the above uses. 2. Execution by those parties with an interest in the affected property of anagreementproviding for theimplementationand 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. IN CITY COUNCIL April 25, 1988 Referred to Planning Board. NPlnv»++� CIT eeN [G-11131S..WWA (TITLE,) Amending Zoniv¢ Ordinance IN CITY COUNCIL Intrmlxei o d Glad IF nay 9, 1988 qqq Passed by the fallowing yes and no votes. Councilors? `�f -` e� voting yes: Blanchette,Bann lmon England, Frankel, Sawyer, Sea(, Shubert, Sullivan and Tilley. CITY OEM PUBLIC HEARINGS Item No. 4; Final Subdivision Plan Revision - Grandview Avenue and Essex Streets - Darbro, Inc. a. Applicant requests final subdivision plan approval for a revision to the approved Darbro Subdivision located off Essex Street and Grandview Avenue. b. The proposed revision is submitted due to major changes in the utility services for the subdivision. There are only minor changes n the lotting. A revision is in order because the easements for the sewer and water lines are on the final plan. c. The City Engineer's Office has reviewed the proposed changes in utility service and finds them to be acceptable. Staff would recommend final plan approval. Item No. 51 Contract Zone Change - 136 Union Street - Felix G. Realty Trust and Sohn A. Cashman - C.O. d 88-200. a. Applicant requests a zone change from Residential 5 Zone to Commercial 2 Zone subject to certain limitations and restrictions for a parcel of land located at 136 Union Street. b. The parcel in question is located on the corner of Union Street and First Street; Valentine Elementary School building. Presently, the American Legion uses the building. .This area of Union Street, north of First Street and Columbia Street, is primarily zoned Residential 5 with a few lots zoned Civic and Institutional. The uses in the area are mixed, the majority being residential, with civic and office uses being secondary. C. The City's land use policy for this area is for high density residential development. Presently, the R-5 Zone allows 2,000 sq. ft. of office space as a special exception. The proposed contract would allow for the reuse of the existing building for office space, approximately. 8,000 sq. ft. The decision before the Board is twofold; o e is the proposed office use compatible with the area, and two, can the lot support the level of activity proposed by the applicant. d. It is the opinion of the Planning Staff that the proposed reuse would clow a level of activity which the existing lotcannotsupport. The parking demand for an 8,000 sq. ft. office building would be approximately 27 spaces. The existing site does not have sufficient area to provide half of the required parking. Staff 1s additionally concerned that the proposed contract provides no means to mitigate any adverse imoacts from adjacent residential properties. It has been the policy of the Planning Staff not to encourage increased levels of activity on lots which are incapable of accommodating such activity. C. Staff would recommend that the Planning Board recommend denial of the proposed request. NEW BUSINESS Item No. ]: Site Plan Review - Corner of Kittredge Road and Stillwater Avenue - Oxford Inns Associates a. Applicant requests site plan approval to construct a two-story hotel on the corner of Stillwater Avenue and Kittredge Road in a Commercial 2 Zone. b. The proposed hotel will be located next to the Hogan Road extension which is scheduled to be completed this summer. In addition to the construction of the connector road (Hogan Road extension) KittredSa Road will be relocated to intersect with Stillwater Avenue further to the north. C. The proposed 97 -room hotel is a permitted use in the C-2 zone. The development will gainaccess off the proposed connector road. The Plan submitted meets the requirements of the C-2 Zone for lot coverage, setbacks, building height, etc. The plan indicates the required loading zone and exceeds the required number of parking spaces. d. At the time of this memorandum there are a few minor details which need to be addressed. The Ordinance requires raised islands to be included n parking lots of three or more rows. (Article 21, Section 5 (4)(b).) The plan presently omits two required islands. The required handicapped parking spaces fail cc show the required "access aisle" as required by the Maine Human Rights Act and the City's Zoning Ordinance. Lastly, the planting plan indicates screening for the proposed parking area in the Kittredge Road right -of -way - The Planning Staff has contacted the applicant's architect and we are assured noted corrections will be made. Staff would recommend site plan approval if the above noted corrections are made. Item No. 8: .Planning Board Review of Bangor Center Management Corporation District and Program per requirements of State Statutes. a. The State Statutes authorizing establishment of assessment districts under the provisions of 30 M.R.S.A. § 4863 (1) and (2) provide for review of district establishment and programs as part of the input into City Council decision making. Theitem before the Planning Board on May Zed is review of the Downtown Advisory Board's Management Program in the District which was previously established. We have enclosed a summary of the program as outlined by the Downtown Manager for the up -coming fiscal year. b. As we have indicated on a previous occasion (see attached excerpts from the Memorandum for the 11/86 meeting at which this item was initially reviewed), the. reason for Planning Board involvement is to review the APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT - TO: THE CITY COUNCIL AND DATE 3117/RA THE PLANNING BOARD OF BANGOR, MAINE: NO. 1.I(WE) Felix G. Realty Trust and John A. Cashman 2. of 4 Union Street union Plaza Bangor, ME 04401 947-6463 Ad cess City or Post Office Te ep one hereby petition to amen the zoning ordinance of the City of Bangor, Maine by reclassifying from R,.¢;nentiel sne to the Cnmmorr: nl 7 zone the property outlined in red on the maps attached he[eto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 136 Union Street, Bangor, ME Total Area (acres or square feet 12.091 ¢ R L 4. PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. East of Pine Street 5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. 42 Parcel_ 6. EXISTING USE: 1..n..e ]. PROPOSED USE: (C-91 OFi;re Zone Change cper $ 50.00 = $140.00 Contract Zone Change 90.00 - 250.00' _ $340.00 8. NAME AND ADDRESS OF OWNER OF RECORD: Name American Legion Holding g CO. 9. NAME AND ADDRESS OF CONTRACT OWNER (if Such): Felix G Realty Trust 4 Union Street 10. SIGNATURE OF OWNER OR CONTRACT OWNER: /s/ David Giro x, Trustee 11. REPRESENTATIVE OF APPLICANT: Name Dave Felix G. Realty Trust Gi John Cashman (if applicable) 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM b DUPLICATE TO PLANNING DIVISION, CITY HALL BANGOR, ME. Application Fee: Processing Advertising Total Zone Change $90.00 $ 50.00 = $140.00 Contract Zone Change 90.00 - 250.00' _ $340.00 *TWO Ada Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE R5 / N 88-200 A