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Home My WebLink About1988-08-08 88-341 ORDINANCEIntroduced For Hge - Passa [:] First Nestling - Page of L] Referral _ Date Aug.y 2 1988 nem No. 88-341 hem/Subject: Amending Zoning Ordinance - Contract Zone Change - 404 State Street heeponsible Dependent: Planning Division Commentary: , Referral. to Planning Board Only, I Manager's Common: Cary Mower Associated Information: D„d.nFn., re -de Budget Approval: FirunttDireefoe Legal Approval: City soureor Introduced For Hge - Passa [:] First Nestling - Page of L] Referral _ WV8/lb/a8 Om Item No. 88-341 Amending Zoning Ordinance - Contract Zone Change - Item/Subject: 404 State Street - Council Ordinance No. 88-341. Responsible Department: Planning Division Commentary: The Planning Board held a public hearing on the above contract zone change application at its regular meeting on August 15, 1988. After considerable discussion concerning issues raised byabutting property owners, the Board amended the contract conditions and voted 4 to 0 to recommended amended C.O. / 88-341 to the City Council. Drs. Dennis Shubert and Jordan Shubert spoke in suppose of their application. Susan Kominsky, Dr.. Alan Boone, and Gayle Boone, abutting property manure spoke to concerns they had about contract conditions. - Cep,rtmavt Head Manager's Commenn: 4iea u.. Cily Mavgn Asmclated Inlormatbrc O,jwm..,�'o'$ Budget Approval: p, A. Fina ea Oiq Legal Approval: Loy Solicitor I t Introduced For I] Passage Font Heading Page of- -❑Referral - 88-341 ASSIGNED TO COUHCIIOR Sullivan, August 8, 1988 CITY OF BANGOR (TITLE.) Mrbinmty, Amending zoning Ordinance & it ordaixd by the City Cwxdt Of As City OfBaayor, as fo & THAT the zoning boundary lines s 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 404 State street (Tax Map No. 54, Part of Parcels 2248 and 2249) from Residential 4 Zone to Civic and Institutional Zone.. Saidparcelcontaining approximately 61 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. Me use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions. A. Side yard setback from the easterly property line shall be 130 feet. B. There shall be a cedar, hedge along the eastern property line. 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 f 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 vent that said agreement is no so executed and recorded within ninety (90) days from the date of passage hereof, this Ordinance shall become null And void. 88-341 ORDINANCE CITY IN Y 8IL IN CITuat Ye - e,, 19 1988 ( T • 1 Amending Zoning Ordinance 404 Referred to Planning Board 1streading. State Street u L CITY CHIL tntrme^®i aM /ttm q1 , IN cstY COUNCIL A 22,, 1988 ��y/i dU.XlA.ttlAl Amended by Substitution and pyry:typT Pa Passedssed by the following see and no yeses. Councilors voting yea: Blanchette,Ragland,, Frankel, Sawyer, Sal, Stone, Sullivan and Tilley. Councilor ab dining: Shubert. w CIT LERK 88-341 (AMENDED) CITY OF BANGOR (TITLE.) Mr31C MnCRy Amending Zo ing Ordinance 404 State Street Be ordaiuA by Me Cit CowaU of Me Cit dBammn as fo %- THAT the zoning boundary lines as established by ,the Zoning Map of tre City of Bangor .dated September 23, 1974, as amended, be hereby further amended as follows: By changing a parcel of land located at 404 State Street (Tax Map No. 54, Part of Parcels 224B and 224E) from Residential '4 Zone to Civic and institutional Zone. Said parcel containing approximately 61 acres and being more particularly ineicated 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 followinglimitations and/or restrictions: A. Side yard setback from the easterly property line shall be 130 feet. B. The existing cedar hedge running parallel to the easterly property line shall be 'retained. C. The height of any building or structure erected on this site shall not exceed fifty (50) -feet above mean ground elevation. D. Existing trees, shrubs and other landscaping features i the area between the above noted existing cedar hedge and the easterly property line of applicants parcel subject to this rezoning shall be maintained to the extent feasible. Nothing in this contractcondition is intended to prevent the property owner from removing diseased, decayed or damaged limbs, trees or shrubs in accordance with sound tree maintenance practices. 88-341 (AMENDED) 2 2. Execution by those parties with an interest in the affected property of an agreement providing for theimplementation 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. 88-341 GARLAND STREET SCHOOL J L GARLAND STREET `e 1 R4 C&I 1 3 R1 z F A. C&I STATE E.M.M.C.' APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT 88-341 Advertising TO: THE CITY COUNCIL AND DATE ) 4 n •qAA $90.00 THE PLANNING BOARD OF BANGOR, MAINE: NO. = $140.00 1. I(WE) Acadia Realty Partnership 250.00' _ $340.00 2. ofqtCuaLc_x Maine 04401 947-4115 Adtlrasa City or Post Office Te ep one hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from R -4a to the Contract C S 1 Zone the property-Outline-d-"-re-6 on the maps attached hereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 404 State Street Total Area (acres or square feet qp7_ 4. PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. East of Pine Street Located to the north of existing Wing Park and Acadia Medical Arte complexes. 5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. 54 Parce1224B 6 @24E Part of 6. EXISTING USE: 9. PROPOSED USE: Addition to Medical Arts Buildine B. NAME AND ADDRESS OF OWNER OF RECORD: Name Same a3 above 9. NAME AND ADDRESS OF CONTRACT OWNER (if .Such): 10. SIGNATURE OF OWNER OR CONTRACT OWNS 11. REPRESENTATIVE OF APPLICANT: Name _ Partner (if applicable) 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM 5 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 Ads Required PLEASE BRAD PROCESSING PROCEDURE ON REVERSE SIDE 88-341 Proposed Conditions 1. Side Yard setback from the easterly property line shall be 130 feet. 2. There shall be a cedar hedge along the eastern property line. 88-341 Ttem No. 3: Contract Zone Change - 404 State Street - Acadia Realty Partnership (R-4 to C fi I) - C.O. A 88-341. a. Applicant requests a change from Residential 4 Zone to Civic and Institutional Zone subject to certain conditions for approximately .6 of an acre located behind the existing Wing Park and Acadia Medical Arts Complex off State Street. The proposed use of the area to be rezoned is for an addition to the existing medical arts building and applicants have indicated as conditions that any proposed addition would be located no closer than 130 feet from the easterly boundary line of their property which is approximately the location of the easterly end of the existing building. Also, applicants have proposed to retain and maintain an existing cedar hedge which runs along the east side of the area to be rezoned and then goes over e onto the remaining R-4 property. r This cedar hedge s at least 10 feet wide at the present time and in excess of 25 feet in height and provides a very dense visual barrier to any activity that would take place on the proposed parcel. b. The area to be rezoned is a long narrow strip approximately 78 feet in width which runs the full width at the applicant's property behind the existing building and parking area. The 130 foot side yard contract condition means that approximately 10,000 sq. ft. of the 26,000 sq. ft. area could not be used for building development. c. With the building location oriented toward the adjacent parking lot zoned C 6 I under a contract with the Eastern Maine Medical Center to the west, it appears that building development impact would be minimal' on either Garland Street or the Howard Street area. (Further, while applicants are not bound to any £vivre development plans of the remaining acreage between this site and Garland Street, they have indicated plans to building housing in the remaining R-4 area under their control.) Staff would recommend that the Planning Board recommend the requested contract zone change to the City Council. NEW BUSINESS Item No. 5: Site Plan Review - 450 Main Street - Lorraine and Dewey Gosselin a. Applicants request site plan approval to construct a 1,600 sq, ft. addition to the existing building located at 450 Main Street in a Commercial 3 Zone. b. 'Che proposed addition is totheexisting bridal shop and is proposed for storage useonly. The proposed storage use. is a permitted accessory use in the C-3 Zone. C. The Zoning Board of Appeals has granted the applicant a variance from the Commercial 3 Zone minimum lot size requirement. The Cade Enforce- ment Office has determined that the proposed addition does not require y arking spaces Presently, this site contains the bridal shop (2,400 sq. ft.) and a two unit apartment building. There are approxi- mately 8 parking spaces on site most of which are nonconforming. The applicant proposes to add two additional parking spaces which would be to the rear of the existing building. 88-041 GARLAND STREET SCHOOL J 1 GARLAND STREET uj IJ C&I 178' T Rl r C&I ST PTE M R4 O. #t& 4 CONTRACT