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HomeMy WebLinkAbout2018-11-14 19-010 ORDINANCETitle, Ordinance CITY COUNCIL ACTION Council Meeting Date: November 14, 2018 Item No: 19-010 Responsible Dept: Planning Action Requested: Ordinance 19-010 11/14/2018 Map/Lot: 011-048, 048-A & 055-A Amending Chapter 165, Land Development Code — Zone Change — 548 Union Street, 19 Frances Street and 108 Fourteenth Street, from Urban Residence District 1 (URD -1) to Urban Service District (USD), with contract conditions on portions of two of said lots. Summary This Ordinance will amend Chapter 165 of the Land Development Code to rezone approximately 0.46 acres (20,040 square feet) of land from Urban Residence 1 District to Urban Service District. This application comprises the following properties: 548 Union Street (011-055-A), 19 Frances Street (011-048), and 108 Fourteenth Street (011-048-A). This rezoning will also apply contract conditions to approximately 0.16 acres (7,000 square feet) of the proposed Urban Service District, on the southerly portions of 19 Frances Street (011-048) and 108 Fourteenth Street (011-048-A) abutting Frances Street. Committee Action Committee: Planning Board Action Staff Comments & Approvals Meeting Date: November 20, 2018 For: City Manager City Solicitor Director Introduced for: First Reading and Referral Against: ance CITY COUNCIL ORDINANCE Date: November 14, 2018 Assigned to Councilor: Nealley 19-010 11/14/2018 ORDINANCE, Amending Chapter 165, Land Development Code — Zone Change — 548 Union Street (Tax Map 011-055-A), 19 Frances Street (Tax Map 011-048), and 108 Fourteenth Street (Tax Map 011-048-A), from Urban Residence District 1 (URD -1) to Urban Service District (USD), with contract conditions on portions of two of said lots. WHEREAS, the Comprehensive Plan of the City of Bangor has identified this property as suited for residential use; and WHEREAS, the properties in question abut a parcel currently zoned Urban Service District, containing a small automobile service station and convenience store; and WHEREAS, the applicant, Southstreet Development Company, LLC, seeks the rezoning in order to renovate and expand the existing service station; and WHEREAS, the applicant has proposed a number of contract conditions for the southerly portions of the properties abutting Frances Street; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT That the zoning boundary lines as established by the Zoning Map of the City of Bangor dated October 28, 1991, as amended, be hereby further amended as follows: By changing a parcel of land located at 548 Union Street (Tax Map 011-055-A), 19 Frances Street (Tax Map 011-048), and 108 Fourteenth Street (Tax Map 011-048-A), from Urban Residence District 1 (URD -1) to Urban Service District (USD), with contract conditions on portions of two of said lots. Said parcel of land containing approximately .46 acres and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, in addition to the mandatory conditions imposed by Chapter 165-7 of the Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. The land between Frances Street and the rear of the building(s) located on Tax Map 011-048 and Tax Map 011-048-A shall be restricted to residential housing, or parking directly associated with the proposed USD construction. 2. Residential housing remaining shall be limited to the current footprint (or less) in the current location (no closer to Frances Street or Fourteenth Street); current buffer requirements shall remain along Frances Street. 19-010 11/14/2018 3. A 10 -foot Type A buffer shall be provided along the boundary adjacent to Tax Map 011-055 and Tax Map 011-049 (to the rear of the proposed building). 4. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement 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. In the event that said agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. 19-010 NOVEMBER 14, 2018 IN CITY COUNCIL NOVEMBER 14, 2018 COr 19-010 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF NOVEMBER 20, 2018 /j , • 6/7 DEPU PrCITY CLERK IN CITY COUNCIL DECEMBER 10, 2018 COr 19-010 MOTION MADE AND SECONDED FOR PASSAGE MOTION MADE AND SECONDED TOINDEFINITELY POSTPONE POSTPONED INDEFINITELY 4:0 9 CITY CLERK