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Home My WebLink About1988-07-11 88-309 ORDINANCEDaae July 19, 1988 Item No. 88-309 Item/Subject: Amending Zoning ordinance - 404 State Street - C.O, p 88-309 ResponsibleDeparmenn planning Division Commentary: The Planning Board held a public hearing len C.O. 9 88-309 at its regular meeting on July _18„ 1988. After considerable discussion about the unknown impact of expansion of the C & I Zane on abutting residential 1 properties, the Board voted 4 to 0 to recommend denial of C.O. #88-309 to the City .Council. Dr. Dennis Shubert and Dr. Jordan Shubert, the owners of the property, spoke in favor of their application. -Howard Street residents Susan Kominsky, Alan Boone, Roger Sonstroem, and N. Laurence Willey spoke in opposition. J /� yy pAepmtmneNme Manager's Commeno: ' cYy Mvwgn Associated lnformallon:0.dr,.¢ar., maQt ry',v.Qw. Budget Approval:,uq Fmm"Dvector Legal Approval: Ciy Saliim, Inhodduced For neJ ✓raaage ❑ First Reading Page_ of L1 Referral win'yr,on19AA Date Item No. 88-309 Item/Subject... mending Zoning Ordinance - 404 State Street Responsible Department Planning Division Commentary: For £or Referraf to Planning Board Only. oK . mperrmrar ej Manager's Comments:Com - 1 onst H . Associated information:v r.,q��,.; v urr.!✓ ��JJ Budget Approval: £im venin Legal Approval: Civ sot its, Introduced For �Pana9e First Heading Page _ of— [WReferral to Planning Board 88-309 ASSIGN® TO COUNCILOR Bn AND ]UGy 11, 1988 - CITY OF BANGOR (TITLE) �TiR4t8gCCo Amegding zoning ora .......................................................... 404 State Be totda4 6Y Gm atV Couwi! of CRY o Bax, as foUemo: THAT the zoning boundary lines s established by ,the Zoning Map of the City of Bangor dated September: 223,. 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 224E and 224E) from Residential 4 Zone to Civic and Institutional Zone. Said parcel containing approximately, 61 acres and being more particularly indicated on the map attached hereto and made a part hereof. IN CITY COUNCIL July ll, 1988 Eefer to Planning Board. so CITY CNtm&t/l 88-309 ONOINANCE TTILE ) emending zoning ordinance 404 State Street IntrxNlxei ara fttat W IN CITY COUNCIL July 25, 1988 Withdraw by the following yes and no votes. Councilors CYauc timet voting yes: 8levcheete, Env1aM. Frankel. "Sawyer, Semi, Stone and Tilley. Councilor abstaining: Shubert. Councilorabsent: Sullivan. c zrc clE� 88-309 GARLAND STREET SCHOOL J � � GARLAND STREET R4 q 6Q T �a• c&I �.-.— RI ..A. C&I STRE�� STATE E.M.M.C. _ - ;r�� APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE .Tune 27, 1988 THE PLANNING BOARD OF BANGOR, MAINS: NO. 1. I(WE) Acadia Realty Partnership Processing Advertising 2. of 404 State Street, Bangor, Maine 04401 947-4115 Address City or Post office $90.00 Telephone hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from R-4 zone to the C B I zone the property Outl ned,in re on the maps a attac hereto, v ich are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 404 State Street Total Area -(acres or squarefeet) 4. PROPERTY WCATION,(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 Arts complexes. - P , 5. LEGAL DESCRIPTION OF PROPSRTY-Assessors Map NO. SlK Parceldavo :.0 y6 6. EXISTING USE: vacant Z. PROPOSED USE: Addition to medical arts building B. NAME AND ADDRESS OF OWNER OF RECORD: Name same as above 9. NAME AND ADDRESS OF CONTRACT OWNER (if 10.. SIGNATURE OF OWNER OR CONTRACT OWNER! o yen 11. REP(if ESENTATIVEapplicable OF APPLICANT: Name Thomas A. Russell (if applicable) AddressP.O. BOX 702, Bangor, Maine 09401 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM s 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 d. The argument may be made that an R-2 Zone is the only feasible way to reuse this property. The,Board should consider the additional advance as which could be provided through a contract zone. The proposal in question could limit: number of buildings, expansion, and lot coverage. There could be provisions as to minimum lot size and screening. As presented, the Staff finds this request to be inconsistent with the existing and anticipated development in this area. Staff would recommend that the Planning Board recommend denial of the Residential 2 request. rIt€in Ro LII Zone Change - 404 State Street - Acadia Realty Partnership - C.O. @ 88-309 a. Applicant requests a change from Residential 4 Zone to Civic and Institutional Zone for a property containing approximately .6 acres located behind thepresent Acadia Arts Building which has access on State Street and is located approximately 250feet back from Garland Street across from the Garland Street Middle School. b. All of the property to the rear of the present Acadia Medical Building between Garland Street and it is presently vacant and is zoned Residential 4. This area is proposed for high-derulty residential e on the City's Land Use Plan and is, therefore, zoned appropriately at the present time. Applicant re users the change to provide for an "addition to Medical Arts Building' which is in the rear section of an area zoned Civic and Institutional which fronts on State Street and has its access from State Street. C. In discussion with representatives of the applicant we have pointed out that the area requested for rezoning is presentlywithin the residential use category on the Land Use Plan and that Civic and Institutional zoning is inappropriate and in conflict with the City's s land use policy.We have pointed out that the Garland Street Middle School is directly across Garland Street from this site and that further encroachment by medical office construction into the Garland Street area is not desirable. (We also noted that if applicant was to file a request for a contract zone for additional space for parking, for example, with the condition that the rest of the R-4 area be developed residentially in keeping with the City's land use policy and zoning, we would probably recommend such a change to the Planning Board.) However, we also indicated to the applicant's representative that an unconditional Civic and Institutional zoning would not be deserving of Staff or Planning Board support. d. Based on the clear conflict between this applicationand the City's land use policy and adjacent zoning (which is Residential 1), Staff would not recommend that the Planning Board recommend this one change to the City Council. Acadia (Realty Taltnetship ACADIA MEDICAL AHTS BUILDING WING PARK 404 STATE STREET BANGOR, MAINE 04401 15 July.11, 1988 Mr. Edward Barrett City Manager City of Bangor City Ball Bangor, Maine 04401 Bear Mr. Barrett Acadia Realty Partne[ship wishes to withdraw from the City Council Agenda for Monday, July 25, the request for C d I zoning for a parcel of land presently zoned R-4. Thank you for your assistance in this matter.- B e Ld ae Dennis L. Shubert, M. D. Partner