HomeMy WebLinkAbout2013-03-11 13-101 ORDINANCECOUNCIL ACTION
Item No. 13-101
Date: March 11, 2013
Item/Subject ORDIANCE, Amending land Development Code — Zone Change —'108
Odlin Road from Urban Residence One District to Neighborhood Service District.
Responsible Department: Planning Division
Commentary:
For Referral to Planning Board Meeting of Tuesday, March 19, 2013 at 7:00 P.M.
The applicant, Thirty Three Realty, LLC, is requesting a zone change for a portion of a parcel of
land located at 108 Odlin Road and containing approximately 16,987 sq. ft. from Urban
Residence One District to Neighborhood Service District. This property is the rear portion of the
Bangor Elks property off Odlin Road. In 1976 the rear 100 feet of the Elks property was left as a
residential zoning district to act as a buffer between the Elks lodge and the single-family
dwellings on Mildred Avenue. In 1981, the property at 33 Mildred Avenue was rezoned to
commercial use. Due to the existing buffer, and setbacks on commercial property abutting
residential property the applicant is requesting the Elks Lodge buffer zone be eliminated as it is
no longer applicable between two commercial properties.
/s/ Rosie Vanadestine
Dept. Head
Manager's Comments:
City Manager
Associated Information:
Budget Approval:
Finance Director
Legal Approval:
C' Solicitor
Introduced for
Passage
X First Reading Page 1 of 1
X Referral to Planning Board Meeting of March 19, 2013, 7:00 p.m.
13-101
MARCH 11, 2013
Assigned to Councilor Civiello
CITY OF BANGOR
O R
ATF
(TITLE.) Ordinance, Amending Land Development Code — Zone Change —108 Odlin Road
from Urban Residence One District to Neighborhood 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 part of a parcel of land located at 108 Odlin Road (Tax Map No. 2, Part of Parcel
N0.9) from Urban Residence One District to Neighborhood Service District. Said part of a
parcel of land containing approximately 16,987 sq. ft. and being more particularly indicated on
the map attachT hereto and made a part hereof.
IN CITY COUNCIL
March 11, 2013
First Reading and Referral to
Planning Board Meeting of March 19, 2013
IN CITY COUNCIL
April 8, 2013
Motion Made and Seconded for Passage
Vote: 9-0
Councilors Voting Yes: Baldacci, Blanchette,
Civiello, Gallant, Hawes, Longo, Nealley,
Sprague, Durgin
Councilors Voting No: None
CITY CLERK
13-101
MEMORANDUM
DATE:
March 27, 2013
TO:
The Honorable City Council
FROM:
David G. Gould, Planning Officer
SUBJECT:
Amending Zoning Ordinance
108 Odlin Road — Urban Residence One District to
Neighborhood Service District
Council Ordinance 13-101
Please be advised that the Planning Board at its meeting on March 26, 2013,
held a Public Hearing on the above zone change request.
Ms. ]ane Skelton, Esq., the applicant, explained that she is requesting a zone
change for a 16,987 sq. ft. parcel of land which she purchased from the abutting
property owner (The Elks Club). She presently has her law office at 33 Mildred Avenue
which is presently zoned Neighborhood Service District. When looking into the
possibility of expanding her building, she discovered that she would not meet the
required 20' setback. In order to have enough land area to meet setbacks, she
purchased the property under consideration for the zone change. She indicated that
she felt that Neighborhood Service District zoning was compatible with the surrounding
properties.
Chairman Sturgeon asked for comments from proponents and opponents. No
one spoke either in favor of or in opposition to the request. Chairman Sturgeon closed
the Public Hearing and asked for comments.
Planning Officer Gould explained that when the Elks Club Lodge was built in
order to provide a buffer between the Elks Lodge and the single family dwellings along
Mildred Avenue approximately 100 feet of land was zoned Residential 5. Subsequent to
that, the property at 33 Mildred Avenue was rezoned to Commercial One District in
1981 (now a Neighborhood Service District). The applicant was exploring the potential
of adding a second structure on the Mildred Avenue property and found the adjacent
residential zone in between two commercial uses. The juxtaposition between the two
districts calls for additional setbacks and buffer yards which causes a limitation of
development options. The proposed rezoning would provide a uniform zone and
eliminate the "buffer zone" which is no longer needed. The Land Use and Zoning
Policy in the Comprehensive Plan both represent the residential neighborhood adjacent
to a commercial district off Odlin Road. Staff indicated that where the two properties
are both commercially zoned it is time to let the buffer zone expire and allow the
applicant the additional space to develop what is allowed under the Neighborhood
Service District.
13-101
2
Mr. Bolin moved to recommend to the City Council that the zone change request
at 108 Odlin Road from Urban Residence One District to Neighborhood Service District
as contained in C.O. # 13-101 be approved. Mr. Boothby seconded the motion, which
passed by a vote of 6 to 0. e
13-101
MARCH 11. 2013
ART URDI TO NSD
1 1 T
HAMMOND'STDIMMPNWA
1
4
13-101
MARCH 11. 2013
7/1/2012
APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT
TO: THE CITY COUNCIL AND DATE:
THE PLANNING BOARD OF BANGOR, MAINE:
1. I(WE) Thirty Three Realty, LLC
2. of 33 Mildred Avenue, Bangor, Maine 04401 (207)947-6500
Address City or Post Office Telephone
hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from
URD -1 district to the NSD district for the property outlined in red on the maps
attached hereto, which are part of this application, and described as follows:
ADDRESS OFPROPERTY (if any) 108 Odlin Road
Total Area (acres or square feet) 190+/- x 90 +/- = 17,100 s f . +/-
4. PROPERTY LOCATION (General location): Example - South side of
State Street 400 yards. East of Pine Street
114' West of Mildred Avenue
5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. 2 Parcel 9
6. EXISTINGUSE: vacant land behind Elks Lodge
7. PROPOSED USE: NONE
8. NAME AND ADDRESS OF OWNER OF RECORD: Name Bangor Lodge #244 Bangor Elks
Address 108 Odlin Road, Bangor, Maine 04401
9. NAME AND ADDRESS OF CONTRACT OWNER (if such): 33 Rea 1 ty , LLr-
10. SIGNATURE OF OWNER OR CONTRACT OWNER:
11. REPRESENTATIVE OF APPLICANT: Name
(if applicable) ` f
Address >,;<< t..�
12. ATTACH ANY CONDITIONS PROPOSED FOR kCONTRACT ZONE REQUEST.
RETURN FORM & DUPLICATE TO PLANNING DIVISION. CITY HALL, BANGOR. ME.
Application fee Processing Advertisinu 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