The URL can be used to link to this page

Home My WebLink About2022-10-24 22-361 ORDINANCE22-361 10/24/2022 CITY COUNCIL ACTION Council Meeting Date: October 24, 2022 Item No: 22-361 Responsible Dept: Planning/Legal Action Requested: Land Development Code Change Map/Lot: 41/128 Title, Ordinance Amending Chapter 165, Land Development Code, District Map to Modify the Contract Zoning for the Property Addressed at 234 French Street in the Government and Institutional Services District Summary St John's Episcopal Church seeks to change the previously enacted contract zone requirements for its rectory office currently located at 234 French Street. The proposal is to clarify the building footprint allowance and the allowance for a dwelling unit on the property. The church is selling the property. Committee Action Committee: Action: Planning Board Staff Comments & Approvals Meeting Date: November 1, 2022 For: Against: W - 9�-� - City Manager City Solicitor Fi ance Director Introduced for: First Reading and Referral 22-361 10/24/2022 CITY COUNCIL ORDINANCE Date: October 25, 2022 Assigned to Councilor: Leonard ORDINANCE, Amending Chapter 165, Land Development Code, District Map, to modify the contract zoning for the property addressed at 234 French Street in the Government and Institutional Services District (G&ISD). WHEREAS, at present, the building is used as an office for a place of worship located nearby; WHEREAS, at present, the owners are looking at options for the property as to use and owner; WHEREAS, at present, the lot is contained in primarily a residential neighborhood and a school campus; 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 Zoning District Map is hereby amended as follows: The contract zone for the property addressed at 234 French Street is hereby modified to be as follows: 1. The height of any buildings on the property shall be limited to a maximum of 35 feet. Except as necessary to provide access or any other necessary reasonable accommodations when required by the Americans with Disabilities Act, the total building footprint shall be limited by the following exterior dimensions: 112 feet (on the North and South sides of the building as a maximum building depth), and 34 feet (on the east and west sides of the building as a maximum building width.) 3. Except for an accessory dwelling unit on the property, no long-term overnight accommodations shall be provided on the property. COMMUNITY &ECONOMIC DEVELOPMENT CITY OF BANGOR PLANNING DIVISION Memorandum To: Honorable Bangor City Council Deb Laurie, City Manager From: Anne M Krieg AICP, Planning Officer Date: November 2, 2022 CC: Courtney O'Donnell, Assistant City Manager Stephen Bolduc, Acting Director of Community & Economic Development David Szewczyk, City Solicitor Re: Zone Change — 234 French Street — Map -Lot 041-128 — Contract Government & Institutional Service District (G&ISD) to Contract Government & Institutional Service District (G&ISD) Clarified Conditions --To amend the Land Development Code by changing a parcel of land located at 234 French Street, Map -Lot 041-128, from Contract Government & Institutional Service District (G&ISD) to Contract Government & Institutional Service District (G&ISD) with clarification to the conditions. Said parcel of land contains 0.12 acres and is more particularly indicated on the map attached hereto and made part hereof. Contract conditions are as follows: 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. Applicant/Owner: St. John's Episcopal Church. Please accept this memorandum as the recommendation from the Planning Board for the noted item The Planning Board considered this item in a posted and noticed public hearing on November 1, 2022. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were the Chair, Ken Huhn, and Members Don Meagher, Ted Brush, Reese Perkins, Mike Bazinet, Trish Hayes and Jonathon Boucher. The Chair recused himself as he had a declared conflict as a sitting member of the Board for the applicant. Member Perkins, as Vice -Chair, facilitated this agenda item. Andy Hamilton, Esq. of Eaton Peabody, represented the interests of the landowner, St John's Episcopal Church. He indicated that the buyer for the property is John Bapst. They will use the building for their educational needs. Improvements to the building likely will include accessibility modifications to the front of the building and an elevator in the rear portion of the building. Mr. Hamilton reminded the Board that the building previously before the Church owned it, was for educational use by Husson. 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANG ORMAINE.GOV CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL 234 French Street Contract Zone Modification From the staff memo: A. The applicants are proposing to change the contract conditions on their property at 234 French Street (Map -Lot 041-128); this requires an official zone change request even though the base zone of G&ISD is not changing. The change being requested is to the second condition on the existing contract by increasing the allowed dimensions of the building. The purpose of this request is to more accurately reflect the current dimensions of the building and to provide more flexibility in the use of the property. The second condition currently reads: "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." The revised condition reads: "Except as necessary to provide access or any other necessary reasonable accommodations when required by the Americans with Disabilities Act, the total building footprint shall be limited by the following exterior dimensions: 112 feet (on the North and South sides of the building as a maximum building depth), and 34 feet (on the east and west sides of the building as a maximum building width.)" B. The first and third conditions on the existing contract will remain the same and are as follows: 1. The height of any buildings on the Property shall be limited to a maximum of 35 feet. 3. Except for an accessory dwelling unit on the property, no long-term overnight accommodations shall be provided on the property. C. This is a reminder that the Board should pass a motion in the form of a recommendation as to whether the request ought to pass or ought not to pass. Your reasons to support or oppose the change are helpful to the City Council for their deliberations. The Board had no questions. There were no questions from the public. Member Meagher made a motion to recommend to the City Council that the noted text amendment ought to pass. Member Brush seconded the motion. The motion passed unanimously. amk Page 212 IN CITY COUNCIL OCTOBER 24, 2022 COrd 22-361 First Reading and Referral to Planning Board Meeting on November 1, 2022 CITY CLERK IN CITY COUNCIL NOVEMBER 14, 2022 COrd 22-361 Motion made and seconded for Passage Vote: 9 – 0 Councilors Voting Yes: Davitt, Hawes, Leonard, Pelletier, Schaefer, Sprague, Tremble, Yacoubagha, Fournier Councilors Voting No: None Passed CITY CLERK