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HomeMy WebLinkAbout2020-03-09 20-099 ORDINANCETitle, Ordinance 20-099 03/09/2020 CITY COUNCIL ACTION Council Meeting Date: March 9, 2020 Item No: 20-099 Responsible Dept: Planning/Legal Action Requested: Zoning District Map Change - Contract Map 041/Lot128 Amending Chapter 165, Land Development Code, District Map by Changing the Parcel of Land at Map 41 Lot 128 from Urban Residential Development — 2 (URD -2) to Government and Institutional Service District Contract Zone (G&ISD-contract) Summary This Ordinance amends Chapter 165 of the Land Development Code to rezone a parcel of land at 234 French Street from Urban Residential Development — 2 (URD -2) to Government and Institutional Service District Contract Zone (G&ISD-contract). The applicant, St John's Episcopal Church, currently utilizes the space for church office. Under the current zone, office use is consider non -conforming. The Proposal seeks to change the district to bring the property into conformity as to use and provide for additional accessory uses for the church. If approved by the council, the contract zone change includes the following provisions: 1. The height of any buildings on the Property shall be limited to a maximum of 35 feet. 2. The total building footprint shall be limited by the following exterior dimensions: 100 feet (on the North and South sides of the building), 28 feet on the front side, and 24 feet on the back side. 3. Except for an accessory single dwelling unit on the property, no long-term overnight accommodations shall be provided on the property. Church -related services are proposed to continue in the building. Committee Action Committee: Planning Board Action Staff Comments & Approvals Meeting Date: March 17, 2020 For: Against: As this is an amendment to the Land Development Code District Map, this is proposed to be referred to the Planning Board meeting of March 17, 2020. i r City Solicitor Finance Director Introduced for: First Reading and Referral CITY COUNCIL ORDINANCE Date: March 9, 2020 Assigned to Councilor: Schaeffer 20-099 03/09/2020 ORDINANCE, Amending Chapter 165, Land Development Code, District Map by Changing the Parcel of Land at Map 41 Lot 128 from Urban Residential Development — 2 (URD -2) to Government and Institutional Service District Contract Zone (G&ISD-contract) WHEREAS, at present, this property serves as an accessory, usual and normal administrative function to the services provided by St John's Episcopal Church; WHEREAS, in the future, the administrative functions may modify within the footprint of the existing building; WHEREAS, the applicant has offered to place measures to prevent negative impacts to the neighborhood through the contract conditions; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor is amended 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: The Zoning District Map is hereby changed by changing the Parcel of Land at Map 41 Lot 128 from Urban Residential Development — 2 (URD -2) to Government and Institutional Service District Contract Zone (G&ISD- contract). This is subject to the following conditions: 1. The height of any buildings on the Property shall be limited to a maximum of 35 feet. 2. The total building footprint shall be limited by the following exterior dimensions: 100 feet (on the North and South sides of the building), 28 feet on the front side, and 24 feet on the back side. 3. Except for an accessory single dwelling unit on the property, no long term overnight accommodations shall be provided on the property. Memorandum To:Honorable Bangor City Council CathyConlow, City Manager From:Anne M Krieg AICP, Planning Officer Date:April 8, 2020 CC:Tanya Emery, Director of Community and Economic Development Paul Nicklas, City Solicitor Jeff Wallace, Code Enforcement Officer Re:Planning Board Recommendation April 7, 2020 Please accept this memorandum as the recommendation from the Planning Board for the noted item. The Planning Board considered this item in a noticed public hearing on April 7, 2020. The meeting was conducted using the city’s Zoom account. Chairman Huhn, by a motion duly made, seconded, was recused from the proceeding. Mr. Huhndeclared a conflict of interest as a member of the leadership for the parish. The motion carried by roll call vote with Perkins voting against. Mr. Huhn left the room for the hearing. Member Ted Brush was Chairman Pro-tem for the hearing by general agreement of the Board. The attorney for the applicant was Andrew Hamilton of Eaton Peabody. He reviewed the programs and services the church provides out of its parish office on French Street. He added that the church intends to place a re-sale clothing store in the basement of the building. Other programs and services currently managed and provided from the building will remain. Members of the church leadership were present on the call and also spoke about programs and services. The crux of the argument was in relation to the changes in non-conforming situations. Under current zoning, the use is not allowed as an office. It is usual and ordinary, however, to have a parish office either on the same lot, adjacent or in the near vicinity of a church. Changing the district to make the use allowable would be in keeping with typical development practice for places of worship. 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL PROPOSED CONTRACT ZONE FOR PROPERTY AT 234 FRENCH STREET The non-conforming situation that was questioned was the setback. The change in the zoning would make the side setback continue to be non-conforming. Practically, the lots in the area all are developed very close to their respective property lines, not unlike any downtownmixed residential neighborhoods. The Land Development Code doesn’t expressly prohibit changing a zone to another zone whereby the subject lot is non-conforming, however the Code does indicate a lot cannot be made more non-conforming. The challenge, then, for the Board, was whether the change was an increase in non-conformity. Board members held a brief discussion regarding the addition of the use of a re-sale shop and the need for the zoning change. The Board passed a motion, by roll call, made by Member Perkins and Seconded by Member Hogan, to recommend to the City Council that the contract zone for this property ought to pass. All members voted yes with Huhn abstaining. Page 2 | 2 IN CITY COUNCIL MARCH 9,2020 Cord 20-099 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF MARCH 17,2020 c CITYCLEW APRIL 13,2020 Cord 20-099 MOTION MADE AND SECONDED FOR PASSAGE VOTE 8 - 0 COUNCILORS VOTING YES: FOURNIER, HAWES,NICHOLS, OKAFOR, SCHAEFER, SPRAGUE, SUPICA, TREMBLE COUNCILORS VOTING NO: NONE PASSED CIT CLE