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:
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AllocietM lntormetiOn:Ov....w-y maf� ,
Budget Approval: u..Y
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Legal Approval:
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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.
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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