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Home My WebLink About2016-12-28 17-057 ORDINANCECOUNCIL ACTION Item No. 17-057 Date: December 28, 2016 Item/Subject ORDINANCE, Amending Land Development Code — Zone Change — 1612 Ohio Street (Tax Map R014 Parcels 1 and 2B) from Rural Residence and Agricultural District and Low Density Residential District to Government and Institutional Service District Responsible Department: Planning Division Commentary: The applicant, Beacon of Hope Church of God, is requesting a zone change for 5.1 acres of land located at 1612 Ohio Street from Rural Residence and Agricultural District (RR&A) and Low Density Residential District (LDR) to a Government and Institutional Service District (G&ISD). The Beacon of Hope Church of God has been at this location for many years on a small parcel of land with an on-site septic system. The Lyons Ledge Subdivision, built on adjacent property, extended public sewer and water utilities closer to the small church. The property surrounding the church was rezoned in 2005, to Low Density Residential in anticipation of a subdivision for single family dwellings which occurred 2007-2009. The existing church is considered a non -conforming use in the RR&A because they are not on a Major Arterial Street nor are they connected to water and sewer. Because the adjacent area has been re -zoned to LDR and because water and sewer are available, the Church would like to expand its church operations. G&ISD will allow for expansion with the understanding that the facility will be connected to public utilizes. Beacon of Hope Church of God has agreed to connect public utilities prior to further expansion. /s/ Tanya L. Emery Dept. Head Manager's Comments: For Referral to Planning Board Meeting of January 3, 2017 at 7:00 p.m. Associated Information: Budget Approval: Legal Approval: Introduced for Passage X First Reading City Manager Finance Director City Solicitor Page 1 of 1 X I Referral to Planning Board Meeting of January 3, 2017, 7:00 p.m. 17-057 DECEMBER 28, 2016 Assigned to Councilor Graham CITY OF BANGOR (TITLE.)Ordinance,f Amending Land Development Code — Zone Change — 1612 Ohio Street (Tax Map R014 Parcels I and 2B) from Rural Residence and Agricultural District and Low Density Residential District to Government and Institutional Service District. Be it ordained by the City Council of the City of Bangor, as foifows• 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 portions of parcels of land located at 1612 Ohio Street (Tax Map R014 Parcels 001 and 002B) from from Rural Residence and Agricultural District and Low Density Residential District to Government and Institutional Service District. Said portions of parcels containing approximately 5.1 acres and being more particularly indicated on the map attached hereto and made a part hereof. INCCITY COUNCIL DECEMBER 28, 2016 COr 17-057 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF JANUARY 3, 2017 CITY CLERK IN CITY COUNCIL JANUARY 9, 2017 COr 17-057 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUNCILORS VOTING YES: FAIRCLOTH, GRAHAM, NEALLEY, NICHOLS, PERRY, SPRAGUE, WESTON, BALDACCI COUNCILORS VOTING NO: NONE PASSED CITY CLE 7/1/2012 C & ED ar'Alk*TION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT f TO: THE CITY COUNCIL AND DATE: 17& THE PLANNING BO RD OF BANGOR, MA 1. I(WE) i�,e ceoj O � #Dee (4L)6r O � da 2. of Id/t Dit� *eek 49 4ir /V liN41 lv7 i ,r X17 - Y36 7 Address City or Post Office Telephone a hereby petitionWend the Land Development Code of the City of Bangor, Maine by reclassifying from RPA istrict to the (r t district for the property outlined in red on the maps attached hereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if an L (} �iD SkeeT9�er /hf mel Total Area (acres or square feet) 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No Parcel 6. EXISTING USE: C hurLh 7. PROPOSED USE: Chut'A 8. NAME AND ADDRESS OF OWNER OF RECORD: Name teu-p1U W Ape a fr h ef Address N/1 0h;-0 AR+4di 1'1� OVY61 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): 10. SIGNATURE OF OWNER OR CONTRACT OWNER. 11. REPRESENTATIVE OF APPLICANT: Name (if applicable) Address 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM & DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR, ME. Application fee Processing AdvertisingTotal Zone Change (1/2 acre or less) $575.00 $410.00* $ 985.00 Zone Change (in excess of 1/2 acre) $920.00 $410.00* Contract Zone Change - 5 conditions or less $1,377.00 $509.00* $1,886.00 More than 5 conditions or 50 words $1,900.00 $509.00** $To be determined *Two Ads Required ** Advertising costs above this amount to be paid for by applicant. PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE 17-057 "nvrvmuvD ia ini RR&A to G&ISD LDR to G&ISD R&A .. L O _ �..:."'�ra.Yt �a�'.Y4'!hhYt'r`..�.J4 "�`...e.��t r' O R 0 N Yew u cfw f BA A gor N —"MMdMbb'AW- Feet 0 35 70 140 210 280 lin=142ft RR&A to G&ISD LDR to G&ISD MEMORANDUM DATE: January 4, 2017 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 1612 Ohio Street — Rural Residence and Agricultural District (RR&A) and Low Density Residential District (LDR) to Government and Institutional Service District (G&ISD) — Council Ordinance #17-057 Please be advised that the Planning Board at its meeting on January 3, 2017, held a Public Hearing on the above zone change request. Chairman John Kenney asked the applicant or their representative to make a brief presentation of the request. Mr. David Plunkett indicated that he represented the Beacon of Hope Church of God, requesting the property be rezoned to Government and Institutional Service District. The church currently operates a food pantry from the basement of the church and hope to expand slightly to provide some more space. They will utilize existing parking and no other expansions are envisioned at this time. There were no other proponents or opponents to the rezoning request. Planning Officer Gould indicated that the request was to rezone approximately 4 acres of land off Ohio Street and Davis Road which was recently acquired by the Church. The existing structure has quite a history at this location. The zoning of the land and its somewhat odd configuration stems from its prior design intent to be single family housing. Some years ago Pastor Bean had inquired about the potential to expand the church at this location. The direction was that if the church could access utility service then G&ISD would be a reasonable request. There was less encouragement for a church located in a rural area to grow substantially, as such a facility should be in a location with access to a large array of City Services. In this instance the surrounding residential development extended sewer, water and sidewalks to this portion of Ohio Street. Chair Kenney noted G&ISD would allow other uses beyond a church. Member Boothby made a motion to recommend the City Council adopt C.O. #17- 057, amending the Zoning of 1612 Ohio Street from Rural Residence and Agricultural District and Low Density Residential District to Government and Institutional Service District. Member McCarthy seconded the motion and the Board voted unanimously in favor to recommend the City Council pass C.O. #17-057.