HomeMy WebLinkAbout2012-12-26 13-052 ORDINANCE COUNCIL ACTION
Item No. 13-052
Date: December 26, 2012
Item/Subject Amending Land Development Code— Zone Change — 1049 Broadway
from Low Density Residential District to Shopping and Personal Service District
Responsible Department: Planning Division
Commentary:
For Referral to Planning Board Meeting of Wednesday, January 2, 2013 at 7:00 P.M.
The applicant, Leadbetter Realty Trust, is requesting a zone change for a three parcels of land
located at 1049 Broadway containing approximately 6.2 acres from Low Density Residential
District to Shopping and Personal Service District.
Is/ Rosie Vanadestine
Interim Dept. Head
Manager's Comments:
Cad C Q /
City Manager
Associated Information:
Budget Approval:
Finance Director
Legal Approval:
Ci Solicitor
Introduced for
Passage
X First Reading Page 1 of 1
X Referral to Planning Board Meeting of January 2, 2013, 7:00 p.m.
13-052
DECEMBER 26,2012
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Assigned to Councilor Nealley
rtp4 4CITY OF BANGOR47"..„ w
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(TITLE.) Ordinance , Amending Land Development Code — Zone Change —1049
Broadway from Low Density Residential District to Shopping and Personal Service District.
Be it ordained by 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 three parcels of land located at 1049 Broadway (Tax Map No. R40, Parcel Nos. 6,
6H and 6G) from Low Density Resisdential District to Shopping and Personal Service District.
Said parcels of land containing approximately 6.2 acres and being more particularly indicated
on the map attached hereto and made a part hereof.
1
IN CITY COUNCIL
December 26, 2012
First Reading and REferral to
Planning Board Meeting of
4aar at 7pm
CITY CLERK',"
IN CITY COUNCIL
January 14, 2013
Motion moved and seconded to indefinitely postpone
44.), )4f.04C
CITY CLERK
13-052
MEMORANDUM
DATE: January 3, 2013
TO: The Honorable City Council
FROM: David G. Gould, Planning Officer
SUBJECT: Amending Zoning Ordinance
1049 Broadway— Low Density Residential (LDR) to
Shopping and Personal Service District (S&PS)
Council Ordinance 13-052
Please be advised that the Planning Board at its meeting on January 2, 2013,
held a Public Hearing on the above zone change request.
Mr. Sean Thies, PE of Civil Engineering Services representing Leadbetter Realty
Trust indicated they were seeking to rezone 6.2 acres from Low Density Residential
District to Shopping and Personal Service District. Mr. Thies indicated the property was
located between two commercial properties on Broadway and they felt their request
was consistent with other commercial zoning around them.
Mr. John Rebar of 39 Woodland Drive indicated the rezoning was very close to
his residential property on Woodland Drive. He was comfortable with the residential
rezoning around his home, in that only other housing would be developed there. Mr.
Rebar noted he received notice of the rezoning proposal from the Planning Office and
they were very helpful in answering his questions. He noted to the Board once a
property is zoned commercial it likely never returns to residential use.
Mr. Jeff Leadbetter of Leadbetter Realty Trust indicated that he would be happy
to designate some of the property adjacent to Hemlock Ridge into open space.
Planning Officer Gould noted that the request for 6.2 acres which was advertised
and being heard by the Board cannot be amended by the Board at this point. Certainly
Mr. Leadbetter could reapply with a different proposal if he wishes to.
Mr. Gould noted that the City's Land Use Policy for this portion of Broadway has
been consistent for the last 40 years. In those intervening decades land consistent with
that Land Use Policy has been rezoned and a portion of it developed. The property in
question is beyond what was envisioned as commercial. The existing insurance building
which was formerly zoned Institutional was rezoned as a contract zone limited to the
existing building and office use only.
Mr. Gould noted that while he was sympathetic to Mr. Leadbetter's predicament
over the cost of commercial property, he did not feel rezoning residential property to
commercial was in the best interest of Broadway. He noted the troubled 50-unit
13-052
2
attached residential project on Essex Street which caused a great deal of anxiety with
residents of the Darbro Subdivision. On this parcel one could fit up to 30 units of
attached residential and access Broadway directly. Mr. Gould noted that Mr. Harold
Johnson of 55 Woodland Drive, who developed Hemlock Ridge, indicated that he was
okay with some commercial development on Broadway but there should be an outlet to
Burleigh Road so as not to create traffic congestion on Broadway. Mr. Johnson did not
want commercial zoning to abut his property.
Mr. Gould and the Board discussed the options for contract rezoning and other
options Mr. Leadbetter could pursue. Planning Officer Gould indicated there are options
that they could explore, but there would remain a basic land use conflict with the
Comprehensive Plan.
The Planning Board voted unanimously none in favor and seven opposed to
recommending to the City Council that the zone change request contained in C.O. # 13-
052 be approved.
13-052-
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l 13-052
7/1/2012
APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT
TO: THE CITY COUNCIL AND DATE: November 30,2012
THE PLANNING BOARD OF BANGOR,MAINE: :..
1. I(WE) Leadbetter Realty Trust J
2. of 611B Wilson Street, Brewer,ME 04412 907-4445
Address City or Post Office Telephone
hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying
from LDR district to S&PS the 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 any) 1049 Broadway
Total Area(acres or square feet) 6.2 Acres
4. PROPERTY LOCATION(General location): Approximately 1,000 feet south of the intersection of
Griffin Road and Broadway on the east side of Broadway.
5. LEGAL DESCRIPTION OF PROPERTY-Assessors Map No. R40 Parcel 6,61-1, 6G
6. EXISTING USE: Portion is single family residence; remaining is wooded.
7. PROPOSED USE: Uses approved in the S&PS Zone.
8. NAME AND ADDRESS OF OWNER OF RECORD:Name: Leadbetter Realty Trust
Address: 611B Wilson Street, Brewer,ME 04412
9. NAME AND ADDRESS OF CONTRACT OWNER(if such): NA
10. SIGNATURE OF OWNER OR CONTRACT OWNER: .(27/-' /%
11. REPRESENTATIVE OF APPLICANT:Name: CBS, Irfc. (Sean Thies,P.E.)
(if applicable)
Address: P.O. Box 639,Brewer, ME 04412
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN FORM&DUPLICATE TO PLANNING DIVISION, CITY HALL,BANGOR,ME.
Application fee Processing Advertising Total
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* $1,330.00
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