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Home My WebLink About1988-10-24 88-439 ORDINANCEDow Oct. 18` 1988 Item No. 86-439 Item/BubjscO Contract Zone Change - 96 Center Street Rmponsible D"rurenL Planning Division Commentary: . Referral to Planning Board Only. Oeyann� ManagariCommmts: CirY Mamgn Assxfated Information: / Budpt APProvat: M. . Legal Approval: ciysoliaimr Introduced For WOP sage rt Fearing p�_��p � Page - of Referral 4 PQ#" &J M6o Bras 11/8/88 on (tern No. 88-439 item/Sibjen: Amending Zoning Ordinance - Contract Zone Change - 96 Center Street - Council Ordinance No, 88-439. (Amended Responsibleceponment: planning Division Commentny: The Planning Board held a public hearing at its regularly scheduled meeting on November J, 1988 for the above -noted contract zone change request. After review of the proposed contract con- ditions and the requested contract zone change, the Board voted five in favor and none opposed to recommend approval to -the City Council, as amended. Attorney Michael Fair spoke in favor of this application. There were no opponents. grr._ 6y rlrde Manger's Commeau: CL'4r� n tR Arrr;,. "L1�'��b oP� P d affj� GaJ � my Mvmgn Aemciated Information: O��rvm,.i WrIvn Appmeal:NA„ Fim ce Olrev'for Legal Approval: CnY sWiairn Introduced For ® passage Q Fico Reading page of _.. ❑ Referral 88-439 (AMENDED) �) N CITY OF BANGOR Vtl (TITLE.) rbianittep ...... Amending. zoning.. Ordinance .............. ..... as U ordosed by Wz City Cameif of Ws City ofBaap,, as /bUmoc THAT the zoning boundary. lines as established by _ the Zoning Map 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 96 Center Street(TaxMap No. 40, Parcel No. 95) from. Civic: and Institutional Zone to Commercial 2 Zone. Said parcel containingpproximately 8,784 sq. ft. 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 VIII., Article 21, Section 11 .3, Ordinances £ the. City of Bangor, said change of zone is granted autij ect to the Following con- ditions:. 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. Permitted Uses Proposed by Applicant: 1) Any business or professional office; 2) Community service organizations, 3) Any other retail orservice business conducted within a building, with no goods or materials displayed or stored outdoors, except goods or materials of a seasonal nature displayed for retail sale with outdoor display .area limited to 1% of grossfloor area of the building; 4) Accessory uses on the same lot and customarily. incidental to and subordinate to the above uses; 5) A commercial use located on premisescontaining.a mixed residential and commercial use; B. Prohibited Uses Proposed. by Applicant: 1) A bar; 2) A restaurant -discotheque; 3) Motel or hotel rIn City Council N vember 14,1988 Passed Vote 6 Yes 3 absent ming res slancheette,Eneland, a6`s�nF'�S 4aSNA eri'E1$$oodeiller Citr CNA i ^, g 88-439 ORDINANCE M LE ) Amending zoning ordinance 96 Center St Intrc rei and fund by 11111turl Will 88-439 (AMENDED) C. Other Conditions Proposed by Applicant: 1) Fencing around south and east side of parking lot shall be erected in compliance with the Zoning Ordinance: 2) Retail operation in which actual transactions with - customers shall not be conducted between the hours of 11:00 p.m. and 6:00 a.m.; 3) A minimus number of fifteen (15) parking spaces shall be provided on the premises by removing existing "parsonage" structure. 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 propert 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. 88-439 Assigned to Councilor Shubert, October 24, 1988 CITY OF BANGOR (TITLE.) 4ViM1TMtege Amending Zoning -Ordinance 96 Center Street - Be U oedaind by the Qty Cw l of Ne City of Namur. w(ogowe: THAT the zoning boundary lines as established by the Zoning Map 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 96 Center Street (Tax Map No. 40, Parcel No. 95)from Civic and Institutional Zone to Commercial 2 Zone. - Said parcel containing approximately 8,784 sq. ft. 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. VIII, Article 21, Section 11.3, Ordinances of the City of Bangor, said change of zone is granted subject to the following con- ditions: 1. The use and/or operation of the subject premises shall be subject to the. following limitations and/or restrictions; A. PermittedUsesProposed By Applicant: 1) Any business or professional office; 2) Community service organizations; 3) guy other retail or service business conducted within a building, with no goods Or materials displayed or stored outdoors, except goods or materials of a seasonal nature displayed for retail sale, with outdoor display area limited to 1% of 'gross floor area of the building; 4) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses; 5) A commercial use located on premises containing a mixed residential and commercial use; B. Prohibited Uses Proposed By Applicant: 1) A bar; 2) A restaurant -discotheque; 3) Any of the special exception uses in Chapter VIII, Article 12., Section 3(2); 4) Motel or hotel; In City Council October 24,1998 BeTered to Planning Board let tiding ty c-�J� In City Council November 14,1988. Passed as amended amended copy attached vote 6 Yes 3 absent voting yas Blanchette. Ebgland,Savyer,Sosnaid, Su133van.Tilley Absent Semi, Sbubety Stone City Clerk 86-439 ORDINANCE ( TITLE,) Amending Zoning Ordinance 96 Center St C. OtherConditionsProposed By Applicant: 1) Fencing around south and east side of parking lot shall be erected in compliance with the Zoning Ordinance; 2)Retail operation in which actual transactions with customers shall not be conducted between the hours of 11:00 p.m. and 6:00 a.m.; 3)' A minimum number of fifteen (15) parking spaces shall be provided on the premises. 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 propertyy owner, a copy f said agreement being on file in the Office o£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. 88y434 r. \ NC&1 TO C 2 Amm J� ``C&I YO C 2 APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT 88-439 T0: THE CITY COUNCIL AND DATE October 5, 1988 THE PLANNING BOARD OF BANGOR, MAINE: NO. 1. 2. 3. 4. 5. 6. T. 8. 9 ItW Philip C. Frederick of 306 Birch Street, Bangor, Maine Address - _--- _ City or Post O ace Te ep one hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from cI zone to the C2 zone the property outl inned in re0 on the maps attache o , which are part of this application, and described as follows: ADDRESS OF PROPERTY (if any) 96 Center Street Total Area (acres or squarefeet) 8,784 PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. East of Pine Street Corner of Cumberland and Center Streets LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. 40 Parcel 05 EXISTING USE: church and pariah house PROPOSED USE: retail floral shop NAME AND ADDRESS OF OWNER OF RECORD: Name Bangor Advent Christian Churcl Address 96 Center Street, Bangor NAME AND ADDRESS OF CONTRACT OWNER (if such): Philip C. Frederick 306 Birch St., Bangor 30. SIGNATURE OF OWNER OR CONTRACT OWNER: ,Iq 11. REPRESENTATIVE OF APPLICANT: Name (�a,.I'(/ . QH (if applicable) Mac ael L. Rear, Esq. Address 82 Columbia Street, Bangor 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM 6 DUPLICATE TO PLANNING DIVISION CITY HALL BANGOR ME Application Pee: Processing Advertising Total Zone Change $90.00 $ 50.00 $140.00 Contract Zane Change 90.00 250.00• _ $340.00 *Two Ada Required PLEASE BRAD PROCESSING PROCEDURE ON REVERSE SIDE Permitted Uses Proposed by Applicant: (a) Any business or professional office; (b) Community service organizations; (c) Any other retail or sevice business conducted within a building, with no goods or materials displayed or stored outdoors, except goods or materials of a seasonal nature displayed for retail sale with outdoor display area limited to 1% of gross floor area of the building; (d) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses; (e) A commercial use located on premises containing a mixed residential and commercial use, II. Prohibited Uses Proposed by Applicant: 1. A bar; 2. A restaurant -discotheque; 3. Motel or hotel. III. Other conditions Proposed by Applicant: 1. Fencing around south and east side of parking lot shall be erected in compliance with the Zoning Ordinance; 2. Retail operation in which actual transactions with customers shall not beconductedbetween the hours of 11:00 p.m. and 6:00 a.m.; 3. A minnows number of fifteen (16( parking spaces shall be provided on the premises by removing existing "parsonage• structure. RECEIVED NOV 0 2 98 b. The Commercial 2 Zone requires a drive-in business meet the standards Of special exception contained in Article 22, Section 2 (Chapter VIII, Article 12, Section 3(2)(b)). C. A proposal to add a drive -up window to an existing site development is a difficult task. The plan before the Board adds a drive -up window to the side of the existing building with a minimum of dis- turbance to the existing site. Staff would find that the Proposed use meets the standards of special exceptions. d. The plan presented indicates the proposed drive -up window and canopy. The cars at the drive -up window are to be separated from other traffic by a raised curb. The proposal eliminates approximately eleven parking spaces. The Shaw's Plaza development provides considerably more spaces than the zoning ordinance requires. Staff recommends site plan approval. Item No. 9: Zone Change - 144 York Street - Congregation Beth Israel - C.O. 0 88-438 a. Applicant requests a change of two adjacent parcels from Residential 5 to Civic and Institutional Zone on York Street on either side of the existing synagogue. b. The synagogue itself is in a Civic: and. Institutional Zone and is indicated on the Land Use Plan as a civic and institutional area. Also, there is civic and institutionaldirectly across the street for the ether synagogue.The Congregation Beth Israel proposes to add on to the existing synagogue which would necessitate the change of the parcel to east of the existing Cfi I Zone and at the same time has requested the rezoning of .the parcel which ends on the west side to Essex Street. c. Because of the presence of civic and institutional use areas on both sides of York Street in this area, and the existence of civic and institutional zoning directly across from this parcel as well as covering the area of the existing synagogue, Staff would recommend that the Planning Board recommend the zone change to the City Council. iItem No. '10: ) Contract Zone Change - 96 Center Street - Philip C. Frederick C.O. g 88-439 a. Applicant requests a change from C & I to C-2 Zone for a parcel of land containing approximately 8,784. sq. £t. on the corner of Center Street and Cumberland Street. Applicant proposes that this be a contract zone change with several conditions. First, applicant has submitted a list of what are. basically C-2 uses including the business and professional office category,. community service organiza- tions, the broad category of retail or service business and accessory uses. Applicant also proposes to prohibit certain uses including a bar, restaurant -discotheque, and motel and hotel. Applicant further has some physical limitations which include fencing around a parking lot (which is required in the Zoning Ordinance),: limitation of hours between 11:00 p.m, and 6:00 a.m., and the provision of a minimum number of parking spaces on thepremises (15). 88-439 4 b. After some discussion with applicant as to the wide range of uses to be, permitted under the contract, Staff is reluctant to recommend the broad retail or service business use category since it represents a completely unknown passibility for reuse. (We have suggested to applicant that a list of what are basically C-1 uses be put into the contract so that everyone will know what the parcel in question can be used for.) Also, we have suggested that applicant make it clear that there be limitations on the physical development of theproperty to wit: the elimination of the parsonage building (which would be necessary to provide the parking spaces committed by the contract, anyway). Applicant has indicated that be would amend the conditions to clearly eliminate the personage structure, which would leave a minimum size parcel with one building on it and one site development. Applicant has also indicated that he did not wish to limit the range of uses permitted under the contract. c. Staff feels that with clearly. listed prohibited uses and the elimination of the second building, that applicant has provided some definition of the extent of the development permitted on the premises. However, we would urge the Board to limit the permitted uses to business and professional office use, community service organizations, and a specific list of limited uses which essentially conform to C-1 uses, if the Board wishes to recommend the zone change to the City Council. As it is presently drafted, Staff would recommend that the Planning Board not recommend it to the city Council. ltem Ne. 11: Special Exception/Site Plan - 308 Hammond Street - Robert Sullivan a. Applicant requests site plan approval to use the existing building at 308 Hammond Street as office space and four apartment units in a Residential 5 Zone. b. The proposal before the Board is: to add 850 sq. ft. of office space to the existing four -unit building at308Hammond Street. The Residential 5 Zone allows 2,000 sq. ft. of office space as a special exception provided the building is, located on a major street (Article 21, Section 2(4)): C. The Planning Staff has raised anumber of issues concerning the addi- tion of office space at this location. The existing site development, four apartment units, is nonconforming in several aspects. The required lot size is 7,200 sq. ft. where 6,780 sq. ft. is provided. The front, side and rear setbacks are all substandard. The usable open space required for the four -unit building is 11800 sq. ft, the open space provided is approximately 400 sq. ft. The existing site development could not without a variance add another unit to this site due to all the nonconforming aspects. The proposal before the Board will add 850 sq. ft. of office spaceand increase the parking area, thereby eliminating some of the existing open space. Applicant proposes to meet the required 10 parking spaces by providing four on-site and six spaces off-site. Staff has requested a lease for the six off-site parking spaces which has not been submitted at