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HomeMy WebLinkAbout2013-10-28 13-350 ORDINANCECOUNCIL ACTION Item No. 13-350 Date: October 28, 2013 Item/Subject - Amending Land Development Code -- Contract Zone Change — 76 Dutton Street from General Commercial & Service, Urban Residence 2 and Urban Service District to Contract Bass Park District. Responsible Department: Planning Division Commentary: This Ordinance will amend the Land Development Code by rezoning a 3.13 acre parcel of land, located at 76 Dutton Street, from its current General Commercial & Service, Urban Residence 2 and Urban Service District to a Contract Bass Park District. The co -applicant's, City of Bangor and Banres LLC, are requesting a contract zone change to facilitate and create flexibility in the zoning standards for a proposed hotel use. Specifically, the effect of this amendment will be to reduce front setbacks at Dutton Street. That will allow the building to be closer to Dutton Street, facilitate protection of the adjacent, residential district located at the rear of the property and preserve parking at Bass Park. For Referral to Planning Board Meeting of Tuesday, November 5, 2013 at 7:00 P.M. Manager's Comments: Associated Information: Budget Approval: /s/ Tanya Emery Dept. Head i 011.1 ��._�_City Manager Finance Director Legal Approval: City Solicitor Introduced for Passage X First Reading Page 1 of 1 X Referral to Planning Board Meeting of November 5, 2013, 7:00 p.m. 13-350 OCTOBER 28, 2013 v SDN Assigned to Councilor Sprague 1, IlkCITY OF BANGOR h _ �R4TEDfE r' (TITLE.) Ordinance,, Amending Land Development Code — Contract Zone Change —76 Dutton Street from a General Commercial and Service, Urban Residence 2 and Urban Service District to a Contract Bass Park District. Be it ordained by the City ofBangor, 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 a parcel of land located at 76 Dutton Street (Tax Map No. 26, Parcel No. 45) from a General Commercial and Service, Urban Residence 2 and Urban Service District to Bass Park District subject to certain contract conditions. Said parcel of land containing approximately 3.13 acres and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, in addition to the mandatory conditions. imposed by Chapter 165-7 of the Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. Project to provide a minimum of 120 parking spaces. B. Project will locate no structure larger than three stories closer than 60 feet to the southwest property line. C. The property will have a maximum ISR of .80. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all the terms and conditions set forth above and the recording of said executed agreement in the Penobscot County Registry of Deeds by the property owner, a copy of said agreement being on file in the office of the City Clerk and incorporated herein by reference. In the event that said agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. IN CITY COUNCIL October 28, 2013 First Reading and Referral to Planning Board Meeting of Nov emer ,,5, 2013 � o CITY CL IN CITY COUNCIL November 13, 2013 Motion made and seconded for Passage Vote: 8-0 Councilors Voting Yes: Baldacci, Civiello, Durgin, Gallant, Graham, Nealley, Plourde, Sprague Councilors Voting No: None Passed <q�fwwA-; A �10 DEPUTY CITY CLERK 13-350 OCTOBf R 28, 2013 OV c) gin» 7/1/2012 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND THE PLANNING BOARD OF BANGOR, MAINE: DATE: 10/9/2013 1. I(WE) Banres.LLC. and City of Bangor of 1000 Market St. Bldg.l, Ste.300 Portsmouth, NH 03801 (603) 559-2100 Address City or Post Office Telephone and 73 Harlow Street, Bangor, Maine 04401 (207) 992-4200 hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from GC &Sand URD -2 and USD districts to the Bass Park (contract) district for the property outlined in red on the maps attached hereto, which are pari of this application, and described as follows: Tax Map 26, Lot 45 of the Bangor Assessor's Maps 2. ADDRESS OF PROPERTY (if any)76 Dutton Street, Ban o Total Area (acres or square feet) 3.13 Acres 3. PROPERTY LOCATION (General location): In Bass Park, across Dutton Street (extension) from Cross Insurance Center, west of Main Street 4. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No.26 Parcel 45 5. EXISTING USE: City Parking 6. PROPOSED USE: Hotel 7. NAME AND ADDRESS OF OWNER OF RECORD: Name City of Bangor Address: 73 Harlow Street, Bangor, ME 04401 {EP - 01484694 - v1 } 13-350 OCTOBER 28, 2013 8. NAME AND ADDRESS OF CONTRACT OWNER (if such): Banres, LLC Address: 9. SIGNATURE OF OWNER: SIGNATURE OF CONTRACT OWNER: 10. REPRESENTATIVE OF APPLICANT: Name P. Andrew Hamilton, Eaton Peabody (if applicable) Address: 80 Exchange Street, Bangor, ME 04401 "See Contract Conditions Attached (FP - 01484694 - vi } 13-350 OCTOBER 28, 2013 8. NAME AND ADDRESS OF CONTRACT OWNER (if such): Banes, LLC Address: 1000 Market St. Bld .1 .- .300 Portsmouth NH 03801 9. SIGNATURE OF OWNER:'f SIGNATURE OF CONTRACT OWNER: 10. REPRESENTATIVE OF APPLICANT: Name P. Andrew Hamilton, Eaton Peabody (if applicable) Address: 80 Exchange Street, Bangor ME 04401 *See Contract Conditions Attached {EP - 01484694 - v1 } M USD GC& - use MAIN ST .31 I /l�G ^asum ►�'�\,. RDm2 mum S D �..^� 13-350 -%CTOBER 28, 2013 T S T R 110, t0}' 13-350 OCTOBER 28, 2013 Contract Zone Change Conditions Proposed Dutton Street Hotel 1. Project to provide a minimum of 120 parking spaces. 2. Project will locate no structure larger than three stories closer than 60 feet to the southwest property line. 3. The property will have a maximum ISR of .80. {EP - 01484694 - vl )