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HomeMy WebLinkAbout1988-07-11 88-311 ORDINANCEil`n Date Ails 2 AR .. Item No. 88-311 Hem/Sublet` Amending Zoning Ordinance - Contract Zone Change - Outer Broadway - C.O..No. 88-311 (As Amended)' Responsible Department: Planning Division Commentary: The Planning Board held a public hearing on the above contract zone change request at its regular meeting on August 1, 1988. After some discussion on the additional conditions submitted byapplicants to address concernsexpressed by Board Members at the previous meeting, the Board voted five in favor and none opposed to recommend the amended change .from A-5 to C-2(Contract) to the City Council. There were no proponents or opponents who spoke at the public hearing. -' Depanm ManageriComments: - Ciq Mowgn Associated information: O A . ) WW 1 Budget Approval: N. Fiv ee Dire Legal Approval: c, ��rcor Introduced For ®Passage ❑ First Reading Page_ of ❑Referral Intrcduced For (i L) Passage s ❑Fir" Reading Flaming Board Pap — of ®Referral a g Om July 5.1988 hem No. 88-311 Item/Subject: Ascending Zoning Ordinance - Contract Zone Change - Outer Broadway Responsible Department: planning Jlivision Comrentuy: Referral to Planning Board Only. { aprcmem xee Manager's Comments: IdPttfA- Lify Mvwger Associated! Information:0 As_.V Budget Approval: Fnv C, averse, Legal Approval: Ery so mno. Intrcduced For (i L) Passage s ❑Fir" Reading Flaming Board Pap — of ®Referral a g 88-311 (AMENDED) -' CITY OF BANGOR (TITLE.) 41YT�iUdITCEr Amending zoning_ Ordinance Be U ordained by CUM OsassU of CUy afBamor, as(d/amac THAT the zoning boundary lines as established by the Zoning Map f -she City of Bangor dated September 23,_1974, as amended, be hereby further amended as follows: By changing a parcel of land located on Outer Broadway (Tax Map No. 62, Parcel No. 197) from Residential 5 Zone to Commercial 2 Zone. Said parcel containing approximately .952 acres and being more parti- cularly 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 of the subject premises shall be subject to the following limitations and/or restrictions: A. Any business or professional office, provided that such use shall not exceed six thousand; (6,000) square feet to gross floor area, B. A residential use located on premises containing.a mixed residential and commercial use, provided that such use shall not exceed three thousand (3,000) square feet in gross floor area; - C. Accessory uses on the same lot and customarily incidental to and subordinate to the above uses. 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 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. ONOINANCE ( TIT E, 88-311 ASSIGNED TO COUNCILOR SHMERT, JULY ll, 1988 ��_pp CITY OF BANGOR (TIRE.) v1/rYITW=et Amending Zoning Ordinance ___ Be k ordained by fns Citg Cemne of As GUY ofBammr, as fbUowr THAT the zoning boundary lines as established by the Zoning Map of -the City of Bangor dared September 23, 1974, as amended be hereby. further amended as follows; By changing a parcel of land located on Outer Broadway (Tax Map No. 62, Parcel No. 197) from Residential 5 Zone to Commercial 2 Zone. Said parcel containing approximately ..952. acres and being more particularlyindicated on the map attached hereto and made a part hereof. PROVIDED HOWEVER, THAT, in addition to the mandatoryconditions 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 following limitations and/or restrictions: A. Any use permitted in a C-2 Zone, including residential use located on premisescontaining a mixed residential and commercial use, provided that the commercial portion of the use shall not exceed 6,000 square feet. 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 aboveand 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. 88-311 ORDINANCE I TITLE,) Amending zoning Ordinance IN CITY COUNCIL July 11, 1988 Outer Broadway Refer to Planning;B/oard. .vOOLAH afe6 - InVOLcad ant filed IF IN CITY COUNCIL L August 8. 1998 Amended by Substllowinturi. .'l and by the CwuCitw» yes no vmdzd lollow{ng yes and no woes. Councilors ting yea: land,Stone Frankel. Sawyer Seal, Shubert. Stone SullivanSullfvBl and t, Tilley. Councilor absent: Blanchette. Y CLBRR 88-311 astl 1 , ---- R1 ---- ,,T-' I LASALLE DRIVE ---- _,� l all I 1 I \ Y 351 C2 I C2 C2 BROADWAY' Ri 1 P&ol R1 M R5 TO C2 CONTRACT ---- astlel 1 Rl LASALLE DRIVE e� d W. BROADWAY R1 d C2 MRS TO C2 CONTRACT APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT 88.311!ENENDED COPY TO: THE CITY COUNCIL AND NOTE June , 1988 THE PLANNING BOARD OF BANGOR, MAINE: N0. 1. ..E. -..) William V. Coppola and Sheila M. Coppola 2. of 45 Beach Street Rockland, ME 04841 594-9555 Atld reSa City o[ POSC OEf 1C¢ Tel¢p One hereby petition t0 amend the zoning ordin ace of the City of Bangor, Maine by reclassifying from R5 zone to the CZone the property outlined n red on the maps attachedev�hich are part of this application, and described as follows': S. i ADDRESS 3. ADDRESS OF PROPS @g., Y (if any) Outer Broadway 6 Sheila M. Coppola Total Area (ac5les or square ee[) 0,952 Acres 4. PROPERTY LOCATIOW (General Description): Example - South side of State JpOdsons Sub Sivisiont ot195-A2A Heights Approximate 531 Feet north of Judson Blvd. ME 04541 5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. 62 Parcel 197 6. EXISTING USE• R5 (undeveloped lot) $140.00 I. PROPOSED USE: C2 Contract *TWO Ads Required S. NAME AND ADDRESS OF OWNER OF RECORD: Name William V. 6 Sheila M. Coppola 95 Beach Street Address Rockland, ME 04541 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): SAME 10. SIGNATURE OF OWNER OR CONTRACT OWNER nst 11. REPRESENTATIVE OF APPLICANT: Name Charles E. Gilbeffq III, Esq. (if applicable) ,1 e.0, sox Address Bangor, ME 04401-2339 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM E 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 CONTRACT ZONE CHANGE (AMENDED) WILLIAM 6 SHEILA COPPOLA PARCEL BROADWAY CONDITIONS FOR C-2 CONTRACT ZONE CHANGE: Uses shall be limited as follows: 1. Any business or professional office, provided that such use shall net exceed sax thousand (6,000) square feet in gross floor area, 2. A residential use located on premises containing amxed residential and commercial use, provided that such u shall exceed not a eed three thousand (36000) square feet in gross floor area; 3. Accessory uses on the same lot and customarily incidental to and subordinate to the above uses. PUBLIC HEARINGS Item No. 5: Contract Zone Change - Outer Broadway — William and Sheila Coppola - C.O. i 88-311 a. This is a continuation from the previous meeting of a request for change from Residential 5 Zone to Commercial 2 Zone (contract) for a one acre Lot located approximately 500 feet north of Judson Boulevard on Outer Broadway. At the previous meeting, Staff and the Planning Board had discussed the fact that the proposed conditions did not really provide definable limits of the use and extent of activity for this site. The Planning Board instructed the applicant to work with Staff in developing more definite contract standards for the next meeting. b. Staff has met with the attorney representing the applicants and after some lengtbly discussion, the attorney filed amended conditions (attached) which theylimited the use to business or professional office (as is the case of the MTA lot next door) and provided for a 6,000 sq. ft. limit in gross floor area for that use. Applicant also provided for a 3,000 sq. ft. groes floor area limit on residential e of the premises. This means that the total site development will not exceed 9,000 sq. ft, and the use would be in line with those- mitted in the R-5 Zone, that is: residential and business and pro- fessional office (as a special exception). The major difference then in this contract zone change would be to increase the amount of floor area available for the business or professional office use from 2,000 sq, ft, which is the limit for the special exception in the R-5 Zone to 6,000 sq, ft. (The limit on the office use for the Maine Teacher's Association parcel was 5,000 sq. ft.) C. Given the presence of a 5,000 sq. ft, office development on the adjacent parcel and considering that there is approximately 40,000 sq. ft. of lotarea available for this use, e, Staff would recommend that the Planning Board recommend this contract zone change to the City Council. Item No. 6: Contract Zone Change - 583 Hammond Street - Walter H. Foster, Jr., C.O. @88-321 - a. Applicant requests a zone change from Residential 4 Zone to Commercial 2 Zone subject to certain conditions and limitations. The proposed zone change is located at 583 Hammond Street. b. The proposed request is contrary to the City's land use policy, and the existing zoning in the neighborhood. Me Land Use Plan (1979 Revision) identifies this parcel as proposed for low density residential use. Presently it is a four -unit apartment building in a Residential 4 Zone. It has been the City's policy since the mid 1970's to reduce the level Of commercial activity on several historically commercial strips. The City's plan was to direct commercial development away ,from areas like State Street Center Street and Hammond Street to the newer developing commercial areas which are better suited to handle the impacts from traffic and parking.