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
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(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
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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 }
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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 )