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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property abutting residential property the applicant is requesting the Elks Lodge buffer zone be eliminated as it is no longer applicable between two commercial properties.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