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Home My WebLink About1988-07-11 88-310 ORDINANCE,1'988 Date Jullvc 19 Item No. 88=310 Item/Subject, Amending Zoning Ordinance - 744 Stillwater Avenue - C.o. p 88-310 Responsible Department: Planning Division Commentary: The Planning Board held a public hearing on C.O. ¢ 88-310 at its regular meeting on July 18, 1988. After discussion of the con- sistency of this with the City's Land Use policy for this area of Stillwater Avenue, the Board voted 5 to 0t recommend this zone change request to the City Council. Attorney Peter Dane represented the applicant. There were no opponents. punmem HeoG Manager's Commenm: Ciry Marmgn Aesxiated Informatftn:OIj,.s , Budget Approval: et,k Fineaee Daevror Legal Approve]: Ciraxinror Intor uced For M Senate ❑First Reading page of _. ❑Referral introduced For MPaeage EFirst Reading - - Page_ of ®Referral to Planning Board. Date 715186L11pn Item No. e8-310 ,Item/Subject: Amending Zoning Ordinance - 744 Stillwater Avenue Responsible Department: Planning Division Commentary: For Referral to Planning Board Only. e� D",tm., f me Manager's Commanm Crty Mew4Il+��M-JC.� Associated Information. M.L.•a,.�rvY 8utlget Approval: see .. Director Legal Approval: introduced For MPaeage EFirst Reading - - Page_ of ®Referral to Planning Board. -:1IIIIN I- ASSIGNED Sny ll, 1988 CITY OF BANGOR (TITLE.)�xD[iW1C[e, Amendr g z ning,_Ord ee ......... ............... 744 Stillwater Avenue Be mdahvd by dw City CoaxeB of Be Cay of Bay .as Me= THAT the zoning boundary lines as establishedby the Zoning Map sf the City of Bangor dated September 23, 1974, as amended, be hereby further mended as follows: By changing a parcel of land located at 744 Stillwater Avenue(Tax Maps No. R-61, Part of Parcels No. 4A and -4B)'from Agricultural Zone and Commercial 2 (Contract) Zone to Commercial 2 Bone. Said parcel containing approximately 1.13 acres and being more particularly indicatedon the map attached hereto and made a part hereof. IN CITY COUNCIL July 11, 1988 Refer to Planning Board. C CITY EBR 88-310 ORDINANCE ( TITLE,) Amending zoning ordinance 744 Stillwater Avenue. ///In��ucauaH ad(tlei 6y IN CITY COUNCIL �® n ^ �j % July 1988 A Passedd by by the following yea Cppe(Lwm and no votes. Councilors voting yea: Blanchette, England, Frankel; sawyer, Next, Shubert, Stone and Tilley. Councilor absent:"vaQ n pp Y -r l CITY CLERK 88-310 ® A TO C2 Mfl & C2 (contract) N APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT 88_310 TO: THE CITY COUNCIL AND DATE July 1 1988 THE PLANNING BOARD OF BANGOR, MAINE: NO. 1. I(WE) Lucille A. Debark 2. of - Hermon Maine 945-5407 Address City or Post 0 .ice Te ephone hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from A and C-2(ContracTdne t0 the C-2 zone the property outl nTEn —red on the maps attached hereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 744 Stillwater Avenue Total Area (acres or square feet) -l.13 acres 4. PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. East of Pine Street That portion Of Assessors Map on R -fit Parcel 4A and. 4B not located within Park 6 Open Space Zone Part of 5. LEGAL DESCRIPTION OF PROPERTY-AssessOrS Map NO. R-61 Parcel4A E 4B 6. EXISTING USE: Residential and Limited Commercial 7. PROPOSED USE: C-2 B. NAME AND ADDRESS OF OWNER OF RECORD: Name Same Address RFD $ 3 Box 304 Bangor, ME 04401— 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 5/ Nathan Dane III 11. REPRESENTATIVE OF APPLICANT: Name Nathan Dane, III Esp. (if applicable) Address 27 State Street, Bangor, ME 04401 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM 6 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 READ PROCESSING PROCEDURE ON REVERSE SIDE Item No. 12 Zone Change - 744 Stillwater Avenue - Lucille A. DeBeck - C.O. 9 88-310 a. Applicant requests a change from Agricultural Zone and Commercial 2 Zone with conditions to Commercial 2 Zone of property containing approximately 1.13 acres located at 744 Stillwater Avenue. The area n question is proposed for commercial use in the City's Comprehensive Plan and a portion of the property is presently in commercial use as Cindy's Saddlery. b. Since the commercial zoning is consistent with the City's Land Use policy for the area and is also compatible with abutting C-2 zoning and the uses on this portion of Stillwater Avenue in general, Staff would recommend that the Board recommend this zone change to the City Council. Item No. 13: Contract Zone Change - Outer Broadway - William and Sheila Coppola - C.O. p 88-311 a. Applicants request a change from Residential 5 Zone to Commercial 2 Zone for a lot just under one acre located approximately 530 feet north of Judson Boulevard. Applicants have proposed that this be contract zone change and that the "conditions" be "any use permitted in a C-2 Zone including a residential use located on premises containing a mixed residential/commercial use provided that the commercial portion of the use shall not exceed 6,000 sq. ft." b. Much of the area in question is zoned Residential 5with Residential 1 zoning across Broadway and C-2 .contract existing on the adjacent lot. (Maine Teachers Association parcel) The proposed use for the area is for high-density residential and the nearest commercial land use on the City's Land Use Plan is located south of Judson Boulevard (in -town from Judson Boulevard). Obviously, request for commercial zoning i in direct conflict with the Citya land use policy for this area. The proposed condition is really. little more than a blanket C-2 zone with some restriction on the total building area. The adjacent C-2 contract zone on the in -town side of this parcel is very restricted and limits use to professional office only. An introduction of potentially all of the uses in the C-2 Zone on this site would appear to be contrary to the City's development policy and undercuttin ofthe zoning granted to the adjacent parcel. A wide range of retail g and service activities would be permitted on this site which might well conflict with the adjacent office contract use as well as residential use to the rear and further out Broadway from this site. c. Given the fact that there is no proposed physical improvements which would mitigate the impact on any retail or service activity on this site and given the fact that the proposal conflicts directly with the City's land use policy for this area, Staff would have no choice but to recommend denial of the above zone change request as it is presently drawn.