HomeMy WebLinkAbout2010-05-10 10-177 ORDINANCECOUNCIL ACTION
Item No, 10 177
Date: May 10, 2010
Item/Subject: Ordinance, Amending Land Development Code — Zone Change — 213 Ohio
Street from Contract Urban Service District to Neighborhood Service District.
Responsible Department: Planning Division
Commentary:
The applicant, Webber Oil Company, is requesting a zone change for the property located at 213 Ohio Street
from Contract Urban Service District to Neighborhood Service District. /s/ James D Rina
Department Head
Manager's Comments: )
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Interim City Manager
Associated Informationr•
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Budget Approval:
Finance Director
Legal Approval:
City Solicitor
Introduced for
Passage Page --L of 1
X First Reading
X Referral to Planning Board Meeting of Tuesday, May 18, 2010, 7:00 p.m.
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°P Assigned to Councilor - Wheeler May 10, 2010
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(TITLE.) O r d i n a n C e ,r Amending Land Development Code — Zone Change - 213
Ohio Street from Contract Urban Service District to Neighborhood Service District.
Be it ordained by 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 213 Ohio Street (Tax Map 31, Parcel No. 51) from
Contract Urban Service District to Neighborhood Service District. Said parcel containing
approximately 14,000 sq. ft. and being more particularly indicated on the map attached hereto
and made a part hereof.
IN CITY COUNCIL
May 10, 2010
First Reading & Referral to
Planing Board of 5/18/10 at 7pm
ITY CL
(TITLE ,) AmE•ndi nQ the Land Development
lone Chanee— 213 Ohio Street from
rnntrart Urban Service District to
Nai$hborhood Service District
Assigned to Couneilor h�1_1(
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10 17 e
10 177
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*Two Ads Reclturcd ** tldvca-tising casts above this arttot.ntt to be paid 1for by applic.ant.
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MEMORANDUM
DATE:
May 19, 2010
TO:
The Honorable City Council
FROM:
David G. Gould, Planning Officer
SUBJECT:
Amending Zoning Ordinance
213 Ohio Street
Council Ordinance 10-177
Please be advised that the Planning Board at its meeting on May 18, 2010, held a
Public Hearing on the above zone change request.
Mr. Ray Cota of Webber Oil Company provided the Board with a history of the
property that has been in Webber's ownership since the 1940's. When Gambino's
moved out around 2001 the 1,500 square foot building remained vacant for over a year
and lost any grandfathered status it had as a commercial use in a residential district. A
limited contract zoning district was created in 2002 but only lasted about 3 years when
another tenant could not operate within the contract conditions. Mr. Cota noted he met
with the Planning Officer and decided to apply for a change to Neighborhood Service
District instead of the contract Urban Service District.
There were no other proponents or opponents to the rezoning request.
Planning Officer Gould noted that two things have happened that changed the
Staff's position relative to this rezoning. First, the Neighborhood Service District was
rewritten in 2003 and much of the confusion over allowed uses was eliminated.
Secondly, adding a contract condition to the Urban Service District to make it function
similar to the Neighborhood Service District (NSD) does not make sense long term.
Therefore, he advised Mr. Cota to propose a change to NSD. The Neighborhood Service
District would include hours of operation, limitations on drive-thru uses, limitations on
commercial floor area, etc. that were previously included as contract conditions.
Member Kenney asked if changing the zoning district would require the applicant
to upgrade the site to meet current development standards. Mr. Gould indicated that
the site is preexisting and would only warrant review if it were changed (exterior
changes to the site).
Planning Board voted seven in favor and none opposed to recommend that the
City Council adopt the proposed rezoning at 213 Ohio Street as contained in C.O. 10-
177.