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HomeMy WebLinkAbout1988-07-25 88-321 ORDINANCEDela Aus. 2, 1988 Item No.8e _-321 Item/kbjxt: Amending Zoning Ordinance - Contract Zone Change - 532 Hammond Street - C.O. 9 88-321 (As Amended) Respomible Departmenn 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 me discussion as to limiting the extent of future development of the site, the Board voted four in favor and one opposed to recommend the amended contract zone change request to the City Council with one additional,contract condition relating to the site map submitted by the applicant. Attorney Paul Rudman, representing the applicants, and Walter H. Foster, applicant, spoke in support of the application. There were no comments from opponents. Ixyo.tme„t eae Mareger's Comments: p' C;NC;N Ma AllocietM lntormetiOn:Ov....w-y maf� , Budget Approval: u..Y ee o Legal Approval: y5ol;n Introduced For _ ®passage First Reading Few _of_ ❑ Referral wonul Action Date July 19 1988 - Mem No. 88-321 Arnending Zoning Ordinance - Contract Zone Change - Item/Subject: 532 Renewed Street Responsible Department: Planning Division Commentary: For Referral to Planning Board Only. Y� d Wnsagei s Commends: City Mumgn Associated lnformmiomQ Budget Approval: - fiwn[e Oieeior Legal Approval: cnysaiaim introduced For q/ OpassaAS ge V O First Reading Page of ®Referral to Planning Board Only. 88-321 ASSIGNED TO COUNCILOR SHUBERT, July 25, 1988 gy�pp' CITY OF BANGOR PYI (TITLE.) rbina Tr2, Amend: g zoning Ordinance 532 Hammond Street B K motahud by W City cft a of Cft of8auyot, as falloun: THAT the zoning boundary lines as established by the Zoning Map of -the City of Bangor dated September 23, 1974, as amanded.,be hereby further amended as follows: l of located at Street (Tax By changing13,PPacelpNo. 182) from Residential 42Zone todCommmercial 2 Zone. No. 13, Said parcel containing approximately 14,000 sq.. ft. and being more particularly indicated on the map attached heretoand 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. The property shall be used for professional and business offices and apartment houses only. B. The business and professional offices willbe housed entirely within the existing structure on the lot. 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 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) daysfrom the date of passage hereof,. this. Ordinance shall become null and void. 88-321 ORDINANCE IN CITY COONCILAmending Bonin Ordinance 532 aamored July 25, 1988 I ( TITLE,) B Refer to Planning Board 3 Street Received let reading. _ IN CITY COUNCIL August S,1998 Amended by Substitution and Passed by the fallowingye8 and no votes. Councilors voting yea: England, Frankel, Sawyer, Pahl, Shubert, Stone, Sullivan and Tilley. Councilors absent: Blanchette. CITY ALESS 88-321 (AMENDED) 2 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 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. 88-321 (AMENDED) _ CITY OF BANGOR (TITLE.) (ffirbinZCTEC� Amending Zo rag ordinance a.uodi,wdwwa GtYCo of(4e Cutofaanw,mfavawa: THAT the zoning boundary lines as established by the Zoning Nap 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 532 Hammond Street (Tax Nap No. 13, Parcel No. 182) from Residential 4 Zone to Commercial 2 Zone. Said parcel containing approximately. 14,000 sq. ft. and being more particularly indicated an 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 condi- tions: 1. The use and/or operation of the subject premises shallbe subject to the following limitations and/or restrictions: A. The property shall be used for professional and business offices and apartment houses only, B. The business and professional offices will be housed entirely within the existing structure on the. lot. C. The office use will be limited to Fifteen Hundred (1500) square feet within the existing building. D. The existing building will not contain more than four (4)housingunits. - E. Eleven (11) parking spaces will be provided on site. F. The existing building perimeter as illustrated by the "foot print" shown on. Proposed Site Plan" prepared by Civil Engineering Services, Inc. and dated'] -6-88 not be enlarged and the"existing, lawn area" shown on the same plan be retained for open space as proposed by applicant. F "W C2 I 88-321 AMENDED COPY 88-321 ;r*4 747 A � �• l WELMISMIN APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT 88-321 AMENDED COPY TO: THE CITY COUNCIL AND DATE July 13 . 1988 .THE PLANNING BOARD OF BANGOR, MAINE:. NO. 1. 19M)t WALTER H. POSTER 2. of 510 Broadway, Bangor 942-6773 Address C ty or Post 0 ce Telephone hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from - R-4 zone to the C-2 zone the property n—outl e� on the maps attached hereto, which are part Of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 532 Hammond Street Total Area (acres or square feet E30:0 mK 4. PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. East of Pine Street South aide Hammond Street - East of Webster Avenue S. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. 13 Parcel 182 6. EXISTING USE: multi -family 7. PROPOSED USE: oro£essional offices and apartments B. NAME AND ADDRESS OF OWNER OF RECORD: Name Stanley Strout Address 532 Hammond Street angor, �iE-04101-- 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): Walter H. Foster 10. SIGNATURE OF OWNER OR CONTRACT OWNER. _ 11. REPRESENTATIVE OF APPLICANT: Name Paul L. Rudman, Esq. (if applicable) Address 84 Harlow 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 CONDITIONS A. The property shall be used for professional and business offices and apartment houses only. B. The business and professional offices will be housed entirely within the existing structure on the lot. ADDITIONAL CONDITIONS TO CONTRACT ZONING "QUEST C. The office use will be limited to Fifteen Hundred (1500) square feet within the existing building. D. The existing building -will not contain more than Four (6) housing units. B. eleven (11) parking spaces will be provided on site. PUBLIC HEARINGS Item No. 5: Contract Zone Change - Outer Broadway - William and. Sheila Coppola - C.O. 9 88-311 a. This is a continuation from the previous meeting of a request for a 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 lengrhlY discussion, the attorney filed amended conditions (attached) which they limited 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. e. Applicant also provided for a 3,000 sq, ft. gross floor area limit on residential use 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 per- mitted in the R-5 Zone, that is: residential and business and pro- fessional office (as a special exception). The major differencethen n 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. £t. (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 lot area available for this use, 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. 9 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. The Land Use Plan (19]9 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 e the mid 1920'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. _ - c. The concern with the proposed contract is twofold. The present la, uage allows for an unlimited amount of commercial space in the existing structure. Secondly, if no commercial development were installed an unlimited number of residential uses could be added without any of the lot area requirements provided by the R-4 and R-5 Zone. Staff would not recommend a Residential 5 Zone at this location never mind a Commercial 2 Zone which allows no standards at all for residential units. d. The Staff finds the proposed contract zone change to be inconsistent with the mandatory conditions of Article 21, Section 11.3, and basically a blank check as to floor area and residential units. Staff would recommend denial of the proposed request. Item No. ]: Final Subdivision Plan - Eremite 6 Valley - Odlin Road a. Applicant requests final subdivision plan approval of a four -lot subdivision located off Odlin Road in a Commercial 3 Zone. b. The preliminary plan was approved by the Board at its July 5, 1988'. meeting with the condition that the City Engineer review and approve the engineering details. c. There have been a number of questions raised about the proposed water and sever utilities and their adequacy to handle the potential development. (See enclosed memorandums.) d. It is the opinion of the Staff that as long as the proposed utility systems do no violate any State or local codes it is up the the discretion of the developer and future purchasers as to whether the proposed utility arrangement is adequate. Staff would recommend that the final plan note that lots 3-4 are to be served by private wells and that a private landowners association is to construct and maintain the proposed roadway and sanitary severs. e. Staff would not recommend final plan approval until the questions raised about the proposed sewer service are resolved. NEW BUSINESS Item No. 9: Site Plan Review - Haskell Road - Oara£oli, Rabbitt and Ham, a. Applicant requests site plan approval for construction of a 5500. s. ft, addition to an existing building for equipment sales and service use on Haskell Road. b. There are a number of problems with this site planus presently sub- mitted. These include lack of details on building height, lighting, landscaping, and lack of clarity as to what some areas on the site are proposed to be used for. Also, the parking on the front of the site along Haskell Road does not meet the 10 foot minimum setback requiredby the Zoning Ordinance. A further problem is the determination of the