The URL can be used to link to this page

Home My WebLink About2016-04-11 16-144 ORDINANCECOUNCIL ACTION Item No. 16-144 Date: April 11, 2016 item/Subject ORDINANCE, Amending Land Development Code — Zone Change — At or about 611 Ohio Street (Tax Map R35 - a portion of Lot 054) from a Government & Institutional Service District to a Low Density Residential District. Responsible Department: Planning Division Commentary: The applicant, Roman Catholic Bishop of Portland, is requesting a zone change for a portion of Mount Pleasant Cemetery, located on Ohio Street, (Tax Map R35 - a portion of Lot 054) from a Government & Institutional Service District to a Low Density Residential District. If approved, The Low Density Residential District will permit the construction of a residential unit on the Lot. Currently, Saint Paul the Apostle Parish plans to assist in the construction of a house for Habitat For Humanity. The property is served by public sewer and water. Manager's Comments: For Referral to Planning Board Meeting of April 19, 2016 at 7:00 p.m. Associated Information: Budget Approval: Legal Approval: Dept. Head &CJt! (h City Manager Finance Director City Solicitor Introduced for Passage X First Reading Page _.l_ of -Z- Referral to Planning Board Meeting of April 19,, 2016,,7:00 p.m. 16-144 APRIL 11, 2016 Assigned to Councilor Perry r. of 14 CITY OF BANGOR 0 (TITLE.)Ordinance,f Amending Land Development Code — Zone Change — At or about 611 Ohio Street (Tax Map R35, a portion of Lot 054) from a Government & Institutional Service District to a Low Density Residential District. Be it ordained by the City Coundl of 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 a parcel of land located at or about 611 Ohio Street (Tax Map No. R35, a portion of parcel 054) from a Government & Institutional Service District to a Low Density Residential District. Said parcel of land containing approximately 22,109 sq. ft. and being more particularly indicated on the map attached hereto and made a part hereof. IN CITY COUNCIL APRIL 11, 2016 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING ON APRIL 19, 2016 CITY CLERK IN CITY COUNCIL APRIL 25, 2016 MOTION MADE AND SECONDED FOR PASSAGE VOTE; 9-0 COUNCILORS VOTING YES; BALDACCI, DURGIN, GRAHAM, NEALLEY, NICHOLS PLOURDE, SPRAGUE, FAIRCLOTH COUNCILORS VOTING NO; NONE COUNCILORS ABSENT FROM VOTE: PERRY PASSED CITY CLEft RECEIVED MAR 2 9 2016 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMEIOnd Planning TO: THE CITY COUNCIL AND DATE: March 23, 2016 THE PLANNING BOARD OF BANGOR, MAINE: 1.I(WE) Rev. Timothy Nadeau of The Parish of St, Paul The Apostle 2. of _217 York Street, Wa4.ee—A4491 Address City or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from Government & district to the Low Densitv district for the property outlined in red on the maps In Wa':C: Aer%!!;hfC%r296A o R 6plicetai n, and described as follows: 3. ADDRESS OF PROPERTY (if any) North side of Ohio Street, adjacent to and Total Area (acres or square feet) eas e y o617 unio street 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street North side of Ohio Street 268' to southwesterly bound of Dionne Parcel (Bk 10601, Pg 127) 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map NOR35Parcel 54 6. EXISTING USE: a portion of cemetery lot ( presently undeveloped) PROPOSED USE: single family residence. Property to be donated to Habitat for Humanity. NAME AND ADDRESS OF OWNER OF RECORD: Name Roman Catholic Bishop of Portland Address 510 Ocean Avenue Portland, ME 04103 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): N/A 10. SIGNATURE OF OWNER OR CONTRACT OWNER: N/A •(J • 1 4v� '�.... 11. REPRESENTATIVE OF APPLICANT: Name Rev. Timothy Nadeau (if applicable) Address 21 7 York Street, Bangor, ME 04401 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. PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE MEMORANDUM DATE: April 20, 2016 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Ohio Street — Government & Institutional Service District (G&ISD) to Low Density Residential District (LDR) — Council Ordinance 16-144 Please be advised that the Planning Board at its meeting on April 19, 2016, held a Public Hearing on the above zone change request. Vice -Chairman Boothby opened the Public Hearing and asked the applicant or their representative to make a brief presentation of their application. Mr. Brian Molloy, Esquire, of Lanham Blackwell & Baber indicated he represented Saint Paul the Apostle Parish in their request to amend the zoning of their parcel on Ohio Street. The rezoning is to change a portion of the Mt. Pleasant Cemetery to allow the construction of a house which the Parish will build with Habitat for Humanity. Attorney Molloy reviewed the parcel to be rezoned and noted the adjoining residential property owners were present. In addition to Attorney Molloy, Father Timothy Nadeau, Larry Willey, Head of the Capital Campaign, Lynn Hempen of Habitat for Humanity, and Lin Lufkin were present in support. Planning Officer Gould advised the Board that the applicants' rezoning request was to construct a single family residence at the edge of the Cemetery. The 1/2- acre site is larger than most parcels used for typical Habitat Homes. Member Williams asked Mr. Gould how he could reconcile the Comprehensive Plan's G&ISD Policy with the proposed request. Mr. Gould noted that, as is typical, nonprofit entities are zoned G&ISD and the City Planners could not have predicted that a 200 year old cemetery would opt to provide a parcel for a Habitat Home. The good news is the property will be an extension to the neighborhood surrounding the cemetery. Mr. Gould provided a brief history of Mount Pleasant Cemetery established by Father John Bapst in 1854 for a growing Irish -Catholic population in Bangor. Starting with 14 acres along the Kenduskeag Stream the Cemetery has grown to slightly more than 70 acres. The Cemetery has endured I-95 bisecting it in the late 1950's and then again in 1968 when 14th Street Extension connected 14th Street to Valley Avenue. 0 There were no opponents to the rezoning. The Board was supportive of the Church's efforts to assist in such a community project. Member Williams made a motion to recommend that the City Council adopt the application from the Roman Catholic Bishop of Portland for Ohio Street from Government & Institutional Service District (G&ISD) to Low Density Residential District (LDR) — Council Ordinance 16-144. Member McCarthy seconded the motion and the Board voted unanimously to recommend the rezoning request.