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Home My WebLink About2013-05-13 13-158 ORDINANCECOUNCIL ACTION Item No. 13-158 Date: May 13, 2013 Item/Subject Amending Land Development Code — Contract Zone Change — 759 Union Street from Urban Residence One District to a Contract Urban Residence Two District. Responsible Department: Planning Division Commentary: The applicant, Bangor Baptist Church, is requesting a contract zone change for a parcel of land located at 759 Union Street containing approximately 41,500 sq. ft. from Urban Residence One District to a Contract Urban Residence Two District. The contract conditions limit the property to one principal building limited to two dwelling units. The URD -2 District allows up to four units. The contract zoning will limit this to one building with a maximum of two units. This would allow this to go from a single -unit to a duplex. /s/ Rosie Vanadestine Dept. Head Manager's Comments: For Referral to Planning Board Meeting of Tuesday, May 21, 2013 at 7:00 P.M. R D3 FEW � llI V �1 City ..- Associated Information: Budget Approval: Finance Director Legal Approval: "11*2 - Cify Solicitor Introduced for Passage X First Reading Page 1 of 1 X Referral to Planning Board Meeting of May 21, 2013, 7:00 p.m. 13-158 MAY 13, 2013 Assigned to Councilor Sprague `..v �I T CITY OF BANGOR 0 R4iED.fi (TITLE.) Ordinance f Amending Land Development Code — Contract Zone Change — 759 Union Street from an Urban Residence One Disrict to a Contract Urban Residence Two District. Be It ordained by the Oty of Banger, as 1b11ows. 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 759 Union Street (Tax Map No. 10, Parcel No. 6) from a Urban Residence One District to a Contract Urban Residence Two District. Said parcel of land containing approximately 41,500 sq. ft. 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. The property shall be limited to one principal building with a maximum of two dwelling units. 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 _y_ 13, 2 13 i ,3 fst Reading and Referral to Planning Board Meeting of May 21,2013 1A Z 6 �((� DEPUTY CITY CLERK IN CITY COUNCIL May 29, 2013' Motion made and seconded for Passage Vote: 8-0 Councilors Voting Yes: Baldacci, Blanchette, Civiello, Gallant, Longo, Nealley, Sprague, Durgin Councilors Voting No: None Pa e CITY CLE 13-158 MAY 13, 2013 URD1 URD2 CONTRACT 11- 13-158 MAY 13, 2013 7/1/2012 7/1/2012 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE:_ f 6 4&U Zd J 3 THE PLANNING BOARD OF BANGOR, MAINE: 1. I(WE),iS 2. of L Ate W 13Ati1(1e � �� 207— ?/0 3 Address- ity or Post} Office , Telephone here by��tition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from d district to the -. ;. district for the property outlined in red on the maps f this application, and described as follows: attached hereto, which are part o 3. ADDRESS OF PROPERTY (if any)v Total Area (acres or square feet) c3� 4. PROPERTY LOCATION (General location): Example - South side of State Sheet 400 yards. East of Pine Sheet 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map Noj&9Parcel (� 6. EXISTING USE:f/� f tilt /b�1 d!y" f 7. PROPOSED USE: S v ff d AK / c/ 7 ,&,40 6JA y R A16 dK nc Cr a yyo t 8. NAME AND ADDRESS OF OWNER OF RECORD: Name � iePDA+2G Ucdr 73 Du aIjw t��dD Address P G c Y Q 4 4m ee- M E "Sl ysl 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): ^ v C6/ 7 G 0. A�e4a! 4v4. At g'-. Y 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name (if applicable) Address 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 *TNvo Ads Required ** Advertising costs above this amount to be paid for by applicant. PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE 13-158 MAY 13, 2013 MEMORANDUM DATE: May 22, 2013 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 759 Union Street - Urban Residence 1 District to contract Urban Residence 2 District Council Ordinance 13-158 Please be advised that the Planning Board at its meeting on May 21, 2013, held a Public Hearing on the above zone change. Board Member Damon asked to be excused as he represented the applicant in the real estate transaction. Chairman Sturgeon opened the Public Hearing and asked for proponents. Barbara Ford, Executive Director of Shepherd's Godparent Home, a ministry of Bangor Baptist Church, indicated they are interested in using the building to provide housing for pregnant women in need of safe and secure housing. The building will fit their needs with a limited amount of work. No one spoke in opposition to the request. Planning Officer David Gould indicated that the City's Comprehensive Plan designates this area of the City as low density residential. The property is just under an acre in size and abuts an existing Urban Residence 2 District. The buildings in town of this one are two thru four family structures. Across Union Street are professional office buildings and multi -unit housing. With the proposed contract condition limiting the property to one primary use'structure and a maximum of two dwelling units it seemed a reasonable use for this large property which would be the transition between multi- family on one side and single-family homes on the other side. Member Williams asked if the property could be used as a group home. Planning Officer Gould noted that if she meant Community Living Arrangement (CLA) which was discussed as an option, the State of Maine provides for a housing facility of eight or fewer persons with disabilities to be treated as a single-family home if approved, authorized or licensed by the State. The Code Enforcement Office had concerns that the proposed occupancy did not meet the State criteria for a CLA. The Planning Board voted unanimously to recommend to the City Council that the contract zone change request contained in C.O. # 13-158 be approved.