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
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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.