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Home My WebLink About2013-12-23 14-051 ORDINANCECOUNCIL ACTION Item No. 14-051 Date: December 23, 2013 Item/Subject: Ordinance Amending Land Development Code — Contract Zone Change — Gilman Road from a Rural Residence and Agricultural District to a Contract Shopping and Personal Service District. Responsible Department: Planning Division Commentary: This ordinance will amend the zoning on 3.7 acres on Gilman Road from Rural Residence and Agricultural District to a Contract Shopping and Personal Service District. Cross Realty, LLC is requesting a contract zone change for two parcels of land located on Gilman Road containing approximately 3.7 acres. While the City's Comprehensive Plan has indicated this area as suited for commercial development, utility service is not presently available. The proposed contract zone is conditioned upon the developer successfully resolving issues of traffic and utility services for the property as well as traffic circulation at the intersection of Gilman Road and Stillwater Avenue. /s/ Tanya L. Emery Dept. Head Manager's Comments: For Referral to Planning Board Meeting of January 7, 2014 at 7:00 p.m. City Manager Associated Information: Budget Approval: Legal Approval: Finance Director Solicitor Introduced for Passage X First Reading Page 1 of 1 X Referral to Planning Board Meeting of 3anuary 7, 2014,7:00 p.m. 14-051 DECEMBER 23, 2013 r(/�SN DNd..r Assigned to Councilor Durgin -CITY OF BANGOR �R4TED.1� (TITLE.) Ordinance r Amending Land Development Code — Contract Zone Change - Gilman Road from a Rural Residence and Agricultural Disrict to a Contract Shopping and Personal Service District. Be it ordained by the City Council of the Olty of Bangor, as to/%ws: 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 two parcels of land located on Gilman Road (Tax Map No. 55, Parcel Nos. 4-A and 4-B) from a Rurual Residence and Agricultural District to a Contract Shopping and Personal Service District. Said parcels of land containing approximately 3.7 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. Prior to site plan review and development of the subject properties, those properties shall be served by both public water and sewer. B. Unless and until amended by the City Council by Council Order, there shall be no "left out" turning movement from the subject properties from Gilman Road onto Stillwater Avenue associated with the properties. 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 December 30, 2013 First Reading and Referral to Planning Bo Meetin o Jan®uarye7, 2014 .40 CITY MERK IN CITY COUNCIL January 13, 2014 Motion made-andsseconded for Passage Vote: 9-0 Councilors Voting Yes: Baldacci, Blanchette, Civiello, Durgin, Gallant, Graham, Nealley, Plourde, Sprague Councilors Voting No: None Passed GyITY CLF - - . - ""6"K'' -10. DECEMBER 23, 2013 TO: THE CITY COUNCIL AND DATE: October 17, 2013 THE PLANNING BOARD OF BANGOR, MAINE: 1. I(WE) Cross Realty, LLC 2. of P.O. Box 1388, 74 Gilman Rd, Bangor, ME 04401 Address City or Post Office hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from Rural Residence & Agricultural district to the Shopping & Personal Services (CONTRACT) district for the property outlined in red on the maps attached hereto, which are part of this application, and described as follows: [See also Contract Conditions attached] 3. ADDRESS OF PROPERTY (if any) Gilman Road Bang—or, ME 04401 Total Area (acres or square feet) 3.70 4. PROPERTY LOCATION (General location): Gilman Rd. Across from Cross Insurance Offices at 74 Gilman Road 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. 55 Parcel 4-A & 4-B 6. EXISTING USE: (Former) Residential 7. PROPOSED USE: Commercial Office 8. NAME AND ADDRESS OF OWNER OF RECORD: Name Cross Realty, LLC Address P.O. Box 1388,74 Gilman Rd, Bangor, ME 04401 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): N/A 10. SIGNATURE OF OWNER OR CONTRACT OWNER: N/A 11. REPRESENTATIVE OF APPLICANT (if applicable): Name P. Andrew Hamilton, Esq. - Address P.O. Box 1210 80 Exchange Street, Bangor, ME 04402-1210 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 *Two Ads Required`* Advertising costs above this amount to be paid for by applicant. [EP - 01500867 - V1 1 DECEMBER 23, 2013 PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE Contract Zone Change Conditions C,•oss Realty.LLC- Gilman Road. Property Assessors Man No. 55 Parcels 4-A & 4-B 1. Prior to site plan review and development of the subject properties, those properties shall be served by both public water and sewer. 2. Unless and until amended by the City Council by Council Order, there shall be no "left out" turning movement from the subject properties from Gilman Road onto Stillwater Avenue associated with the properties. (EP - 01500867 - V1 t 14-051 DECEMBER 23, 2013 ntract 14-051 DECEMBER 30, 2013 MEMORANDUM DATE: January 8, 2014 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Land Development Code Contract Zone Change from Rural Residence and Agricultural District to Contract Shopping and Personal Service District Council Ordinance 14-051 Please be advised that the Planning Board at its meeting on January 7, 2014, held a Public Hearing on the above Contact Zoning Amendment. P. Andrew Hamilton, Esq., provided the Board with background of the rezoning request and its consistency with the City's Comprehensive Plan. There were no proponents or opponents. Alternate Member Mallar questioned how the second standard dealing with traffic entering Stillwater Avenue being prohibited from left-hand turns could be enforced as it required one property to be treated differently from others on the Gilman Road. Planning Officer Gould noted that the City Engineer had asked the applicant to consider that condition as traffic at Gilman Road and Stillwater Avenue will continue to be an issue. While the long term solution may be some other scheme, the intent was to make the applicant aware of the need to address the issue. Mr. Gould noted that the contract conditions are a means for the applicant to obtain a rezoning today and resolve utility and traffic issues prior to development. Mr. Royce Cross noted they would not foresee developing the property without public sewer and water. As a practical matter, their current operation of Cross Insurance on Gilman Road encourages clients and staff to use Gilman Road for right- hand turns and access though the Widewaters development for left-hand turns at the signal. Attorney Hamilton noted they did not want to propose a contract condition if it caused the Board to not recommend the rezoning. The Board voted 7 in favor and 0 opposed to a motion to recommend to the City Council that the proposed contract rezoning from Rural Residence and Agricultural District to Contract Shopping and Personal Service District, as contained in Council Ordinance #14-051, be approved. [Type text]