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HomeMy WebLinkAbout2019-05-29 19-222 ORDINANCEOrdinance, CITY COUNCIL ACTION Council Meeting Date: May 29, 2019 Item No: 19-222 Department: Planning 19-222 05/29/2019 Map/Lot: 033-018A Amending the Land Development Code - Amending Chapter 165, Land Development Code, Contract Zone Change - 295 Hammond Street from Multifamily and Service District (M&SD) to Contract Downtown Development District (DDD). Summary The proposed contract zone change will amend the zoning at 295 Hammond Street. The applicant, Heirs of David Lawler seeks to reuse the existing building located at 295 Hammond Street. The older building was likely a small automobile repair garage at one time, but has been used as office and service business uses more recently. The small lot (3,434 SF) does not comply current urban commercial district standards therefore the applicant elected to pursue a contract Downtown Development District to keep the building in productive use Some roof repairs have encroached into existing building setbacks. This rezoning will add contract conditions to limit the floor area to the existing building, Prohibit Drive-in Business and require a minimum number of parking spaces. Committee Action Committee: Planning Board Action Meeting Date: June 4, 2019 For: Against: Staff Comments & Approvals CA 'V l Lr� (�Oq City Manager City Solicitor Finance Director Introduced for: CITY COUNCIL ORDINANCE Date: May 29, 2019 Assigned to Councilor: Graham 19-222 05/29/2019 ORDINANCE, Amending Land Development Code — Amending Chapter 165, Land Development Code, - Contract Zone Change - 295 Hammond Street - from Multifamily and Service District (M&SD) to Contract Downtown Development District (DDD). WHEREAS, the Comprehensive Plan of the City of Bangor has identified this property as suited for Multifamily and Service Businesses; and WHEREAS, the former gasoline service station, does not conform to the Land Development Code standards for lot area, lot coverage and setback provisions, and WHEREAS, the addition of contact zoning limitations will allow for the reuse of the existing structure without altering the area it which it is located. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, 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 295 Hammond Street (Tax Map No. 033, Parcel 18A) from Multifamily and Service District parcel containing 3,434 square feet 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 zone change is granted subject to the following conditions: 1. No Drive-in/Drive Thru businesses allowed. 2. The building shall not exceed 900 square feet. 3. Site shall provide a minimum of three parking spaces. 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 19-222 05/29/2019 said agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. 19-222 MAY 29, 2019 INS t v Hammond St M& SD 'to DDD C Inti:act �. NIVAIMI "I'M MUD Memo To: The Honorable City Council From: David G. Gould, Planning Officer Date: June 5, 2019 Re: Amending Zoning Ordinance C.O. #19-222, 295 Hammond Street- from Multifamily and Service District to Contract Downtown Development District. Please be advised that the Planning Board at its meeting on June 4, 2019, held a Public Hearing on the above zone change request. Chairman Ken Huhn asked the applicant or their representative to make a brief presentation of the request. Fred Marshall of Plymouth Engineering representing the Heirs of David Lawler, told the Board the existing structure on the property is extremely close to the property lines such that installation of a conventional pitched roof outside of the setbacks was problematic. The Applicant has sought to utilize the flexibility of the Downtown Development District with conditions to mitigate some of the flexibility of the District such as floor area, off street parking and drive in businesses. Chair Huhn asked for any other proponents or opponents to the rezoning application. Being none, he asked if the Board had further questions or ready to make a motion. Member Durgin asked about the floor area limitation. Mr. Marshall indicated the contract provides slightly more than the existing building, such that it would allow some expansion within the limits of available parking on the lot. It was noted that the lot is a triangular shape in a fairly busy intersection. Mr. Marshall indicated it was most likely going to be leased for office uses or similar, not drive though or high traffic uses. Planning Officer Gould noted the property was originally a single bay service garage and likely sold gasoline to a growing automobile market. As times changed, the small service stations began to disappear and convenience stores with gas grew much larger. By the 1960's the service station was abandoned and reused as office space. The last tenant was Pine State Hearing Aid Inc. Lisa Shaw made a motion to make a positive recommendation to the City Council. Member Durgin seconded the motion and the Board voted unanimously to make a positive recommendation to the City Council changing the zoning of 295 Hammond Street from Multifamily and Service District M&SD) to contact Downtown Development District (DDD) as contained in C.O. #19-222. 2 z 0 H ciaW W g H 0 H a A o w N A U" P-1 a) En 0 in g 4-1 W QW O bA 0 0 1.1 a) a) W ,c) a P at W o z Pct bA 0 W 0 N H - U w p..1 O H LJ H H <4 z al ' 41 A A 0 sa , p �-i a) . z 1 0 0 ,, b „' z z i a p H H �� a H H 71 H H - 0 0 L./ a% > > It rl N • 4 0.1 0 O i N Uo NON I g g W SI ., 0% 1..1rnr.1, U es H rn � g, 0 Z H-1 i .. 0 0 0 _ ? H N JJ � U P H PZ W 0 0 O H O - 0 Z 00 f= z O+U H o y