HomeMy WebLinkAbout1988-11-14 88-450 ORDERDaren- 91 „`na, Item No.RR-4y0
bam/S1bjeme Contract Zone Change - 491 Main Street
Nesponsible Department: Planning Division
Conmpt.ry:
-The Planning Board held a.public hearing on. the above contract zone
change request at its regular meeting on Novembeb,21., 1988.
The Planning Board voted five in favor and none opposed to recommend
the contract zone change request to the City Council.
Attorney Thomas Johnston, represented the applicant.
There were no opponents.
OeyortmenrHrd
Manager's Comments:
nymm ssr
Asesmawd Information: O. r , ,n.o$1 s
Budget Approvtl: .�
FinanceO etr
Legal Approval:
city 5o/ieiror
inuWuaed For
®Passage
El First Reading - Page_ of
❑NNerral
88-450
Assigned to Councilor Shubert, November 14, 1988
-, > CI'T'Y OR BANGOR
(TITLE.) (ffir1111t&lit?y ...Amending Zoning...Ardi.nance
Bert ordaiscd by W City Conned offle City ofReagan ae faoma
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 part of a parcel of land located at 491 Main Street
(Tax Map No. 25, Part of Parcel No. 14) from Residential 4 Zone
to Commercial 3 Zone. Said part of parcel containing. approximately
25,000 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. The property subject to the proposed zone change shall
be used only for parking.
B. Applicant agrees not to create an additional curb cut
n Lincoln Street for vehicles using the proposed
parking area.
2. Execution by those parties with an interest inthe 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 Registiyof 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.
88-450
ORDINANCE
( TITLE ) Amendiag zoning ordinance 491 Main St.
In City Council November 14,1988
1st reading iefered to planning
Board
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-PAClty Clei ` /�
Olna/�ICd�m,WVi (Imm
In City Council November 28 ¢g88 -
Passed
vote Yes 2 Absent
Votingg Yee Blesaud, Store, Sullivan,
TillShubey
AbsentuSaxl,Se,eallivav,
Tilley Abeent Saxh Sflayer -
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88-450
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APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT
TO:
THE CITY COUNCIL AND DATE
THE PLANNING BOARD OF BANGOR, MAINE: - NO.
1.
I(WE) Bv:9of Publiehing Company
2.
of 491 Main Street, Bangor, Maine 04401 942-4881
Address - City or Post Office Telephone
hereby petition to amend the zoning ordinance of the City of
Bangor, Maine by reclassifying from A-4 zone to
the C-3 Cmtract zone the property out ne in rad on the maps
attached hereto, w lch are part of this application( and
described as follows:
3.
ADDRESS OF PROPERTY (if any) 491 Main Exseet
-
Total Area (acres or squarefeet)
4.
PROPERTY LOCATION (General -Description): Example - South side of
-yds.
State Street 400 East Of Pine Street
South aide Of LIM33111 Straus west side of Main Street.
5.
LEGAL DESCRIPTION OF PROPERTY-ASSessors Map No. 25 Parcel 14
6.
EXISTING USE: vacant'- - -
g.
PROPOSED USE% Parking lot
B.
NAME AND ADDRESS OF OWNER OF RECORD: Name Bangor Publishing Company
Address 491 Alvin Street, Bangor, ME
04401
9.
NAME AND ADDRESS OF CONTRACT OWNER (if such): Pals
p/
30.
SIGNATURE OF OWNER OR CONTRACT OWNER! 9 -R ato 4�#�g
11.
REPRESENTATIVE OF APPLICANT: Name P.XAxhaw Haidlton T�
(if applicable) ".
Ctr., P.O: Box 1210, H
Address M¢aegor,
MErill
04401
12.
ATTACH ANY CONOITIONE PROPOSED FOR A. CONTRACT ZONE REQUEST.
RETURN FORM A DUPLICATE TO PLANNING DIVISION CITY HALL BA GOR Mg.
Application
Fee: Processing. Advertising Total
Zone
Charge $90:00 " $ 50.00 140.00
Contract
Zone Change 90.00 - 250.00* 5340.00
*Two Ads Required- - '
PLBASE HEAD PROCESSING PROCEDURE ON REVERSE SIDE
ep k— Y,5-6
1. The property subject to the proposed sone change shall
be used only for parking.
2. Applicant agrees hot to create an additional curb cut
on Lincoln Street for vehicles using the proposed
parking area.
If theapplicationproceeds beyond special exception/sitelan
approval then the applicant is required to apply for a Mobile Home
Park Construction Permit under the provisimnsof the Mobile Home
Ordinance.
The Mobile Home Ordinance provides the standards for the design of
a mobile home park. In that process the City Engineer and Code
Enforcement Office review the plan. The Planning Board would hold
a public hearing on that application and make recommendation to the
City Council, which will take final action.
c. At this point in the process the planning Board is being asked to
make a decision on the special exception/site plan application udder
the standards contained in Article 22, Section 2.
What the Board has been given to review is a preliminary mobile home
park plan which indicates 202 mobile home lots, roadways, topography,
utilities and abutters. The submittalat this point does not include
all the information that willbe required under the requirements of
the Mobile Home Ordinance. Mesubmittaldoes provide enough basic
information for the Board to evaluate the impact of the proposed
development.
The Planning Staff has raised several concerns. with the proposed plan
as presented. The main problem we 'foresee is that the proposed lotting
will not meet the 110 foot depth requirement. Staff has also recomminded
that the applicant not locate any units any closer. than 200 feet from
Essex Street. Staff has also requested that the plan indicate the
100 year base flood elevation.
d. At the time of the memorandum, the Staff would find that the plans
fail to demonstrate the feasibility of carrying out this project
under the provisions of the City's. ordinances. Staff has met with
the applicant's engineers and has advised themofour concerns. It
is our understanding that the epplicane will revise their plans prior
to the Board's November 21, 1988 meeting.
At this time, Staff cannot make a favorable recommendation on the
special exception.
,-=tom NO. 3 '-Contract Zone Change - 491 Main Street -. Bangor Publishing
Company
a. Applicant requests a zone charge from Residential 4 Zone to Covmierc ial
2 Zone for approximately 25,000 sq. ft. of land located off Lincoln
Street.
b. The proposed zone change is subject to certain conditions and restric-
tions (contract zoning). The conditions proposed by the applicant
limit the use to parking and prohibit any new access to Lincoln Seree t.
c. The City's land use plan along Main Street indicates covvoercial use
for the first 400 .feet or so and high density residential further
back from Main Street.
Pr - 3
d. While the Staff would not recommend an expansion of a noncontract
commercial zone the proposed contract conditions will allow for
the provision of more off-street parking and not allow further
expansion of commercial uses. The Planning Staff would recommend
that the Planning Board make a favorable recommendation to the
City Council.
OLD BUSINESS
Item No. 5: Site Plan Review - Stillwater Avenue - Queen City Associates
a. Applicant requests site plan approval for construction of a com-
merical building off Stillwater Avenue located in a Commercial 2
Zone.
b. The Code Enforcement Officer has requested that this item (which
was continued from the November 7;.1988 Meeting) be withdrawn.
NEW BUSINESS
Item No. 6: Preliminary Subdivision Plan - Kenduskeag Avenue - Morris Far
a. Applicant requests preliminary subdivision approval for a.19.73 acre
parcel on Kenduskeag Avenue in a Residential 1 Zone.
b. Applicant is requesting approval of a 45 lot residential subdivision
with variety of lot sizes(ranging from 9,000 sq. £t. to 38,700
sq. ft. with most over 12,000 sq. ft.). All lots exceed minimum
standard requirements for lot area and lot width in the R-1 Zone.
Applicant proposes one public street(a loop road) and public
utilities.
c. Staff finds that the plan is basicallyacceptable, however, several
details need attention: The City Engineer requested that the road
profiles be changed to provide more pitch. - The Fire Department
requested that the water mains be 8 inches in diameter to provide
adequate flow for hydrants. A profile for a section of the
sewer was not submitted and an easement for said sewer line should
be shown on the plan. An easement for. the City's. interceptor sewer
is not shown nor is anne easement for applicant's: proposed. stosewer.
The applicant's agent has-been notified of these modifications and a
revised plan is anticipated. Staff wouldrecommend preliminary plan
approval only if the above modifications are submitted.
Item No. 7: Site Plan Review - Odlin Road - Transco
Applicant requests site plan approval for construction of one two-
story building with an 801. x 120' footprint in an I-2 Zone on Odl in
Road. The building will be for storage and distribution of office
es
furniture and equipment. accompanied -by..accessory office ectiv.
fice
b. The uses proposed are permitted under the Zoning Ordinance for I-2
zones. Lot coverage, setback, aide, and rear yard requirements
have been met. Proposed grading, utilities and screening have been
provided. Parking spaces provided are adequate for the uses.