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Home My WebLink About2010-06-14 10-218 ORDINANCECOUNCIL ACTION Item No. Date: June 14, 2010 Item/Subject: Ordinance, Amending Land Development Code — Contract Zone Change — 333, 337 and 345 State Street from Multi -Family and Service District to Contract Neighborhood Service District. Responsible Department: Planning Division Commentary: The applicants, Thomas J. Vanidestine, Jr. and Double T Properties, LLC are requesting a contract zone change for their properties located at 333, 337 and 345 State Street from Multi -Family and Service District to Contract Neighborhood Service District. /s/ James D. Rina Department Head Manager's Comments: Interim City Manager Associated Information: Ordinance, Application, Map 41fel �nrt�ri f �/r�a� � /r, Iwe)--14, h,g4J Budget Approval: Finance Director Legal Approval: City Solicitor Introduced for Passage X First Reading Page X of 1 X Referral to Planning Board Meeting of Tuesday, June 15, 2010, 7:00 p.m. l� Assigned to Councilor - Wheeler June 14, 2010 =1 CITY OF BANGOR 4'l4� r ED, (TITLE.) Ordinance,Amending Land Development Code — Contract Zone Change - 333, 337 and 345 State Street from Multi -Family and Service District to Contract 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 parcels of land located at 333, 337 and 345 State Street (Tax Map 55, Parcel Nos. 147, 160A and 162) from Multi -Family and Service District to Contract Neighborhood Service District. Said parcels containing approximately 27,380 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. Retail or service business and take out restaurants shall be limited to 2,000 square feet gross floor area on the property. B. Signage will be limited to the M&SD standards of Chapter 260 and no roof signs or internally illuminated signs shall be permitted. C. There shall be no business in any single building on the subject parcel that would generate more than 100 vehicle trips in the peak hour. D. All uses on the property shall be designed to provide for separated pedestrian access and to facilitate bicycle and mass transit to the extent practicable. E. Any new buildings constructed, or existing building reconstructed, on the property after the effective date of this Ordinance shall conform to the architectural character and style of buildings immediately abutting it and those within 100 feet. Those elements shall include the exterior facade, rooflines, materials and proportions of glazed areas. IN CITY COUNCIL June 14, 2010 First Reading and Referral to Plan;" Board Meeting of 6/15/10 at 7pm CITY CLERK - IN CITY COUNCIL June 28, 2010 Motion Made and Seconded for Passage Vote: 9-0 Councilors Voting Yes: Blanchette, Bronson, Gratwick, Haves, Nealley, Palmer, Stone, Weston & Wheeler Councilors Voting No: None Passed CITY CLERK ORDINANCE (TITLE,) Amending Land Development Code Contract Zone Change - 333, 337 and 345 State Street from Multi -Family and Service District to Contract Neighborhood Service District n Assigned to Councilor Lf 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. I C, t 8 APPLICATION FOR LAN]) DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL, AND DATE: May 19, 2010 THE PLANNING BOARD OF BANGOR, MAINE: 1. I(WE) Thomas ,I. 'anidestinc, .Ir and Double_'I' Properties I.,I.,C 2. of 1882 Ohio Street, Banpoi'_ 942-2$00 Address City or Post Office 'Telephone hereby petition to amend the [.,and Development Code of the City of Bangor, Maine by reel assifying from Multifamily and Service district to the Neighborhood Service district for the property outlined in red on the maps attached hereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPER'T'Y (if any) 333, 337, and 345 State Street l'otal area (acres or square feet) Approximately 27 38{} SF 4. PROPERTY LOCATION (General location) Northwest ofSpi-uce Street and south of State Street 1 F'GAL DESCRIPTION OF .PROPERTY --Assessors Map No. 55 Parcels 147, 160A, and 162 6. EXISTING USE: Residential and Office 7. PROPOSED USE: Residential, O£Iict and Retail 4. NAME AND ADDRESS OF OWNER OF RECORD: Name Double'I' Properties LLC Address j842 Ohio.Street, Bangor 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): N/A 10. SIGNATI.TRE OF OWNER OR CONTRACT" OWNER: � I I. REPRESENTATIVE OF APPLICANT: P. Andrew Hamilton, Esq. (i(applicable) Address 4() Enchant e Street _p4_0. Box 1210 Brtngor .�...... 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. R1''fUItN Ct)RM & D(.)PC lC'A I E...TC? PLANNING DIVISION CITY IfALL, BANGOR, ME. ?one Change (lI2 acre or less) $549.00 $372.00* $ 921.00 Zone Change (in excess of 1/2 acre) $878.00 $372.00* $1,250.00 Contract Zone Change - 5 conditions or less $1,314.00 $463.00* 51,777.00 More than 5 conditions or 50 words $1,814.00 $463.00" $to be determined *Two Ads Required ** Advertising costs above this remount to be paid for by applicant. - W743794 In M&SD TO NSD CONTRACT -- I L - I --rN m & - �;V-\M&sl b0 2 , ' "'I ca Inn,r -'a F- N� 91 MEMORANDUM DATE: June 16, 2010 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance — Contract Zone Change — 333, 337 and 345 State Street - Council Ordinance 10-218 Please be advised that the Planning Board at its meeting on June 15, 2010, held a Public Hearing on the above contract zone change request. Attorney Andrew Hamilton represented the applicant, Double T Properties in its rezoning application request to rezone 333, 337 and 345 State Street from Multifamily and Service District to Contract Neighborhood Service District. Mr. Richard Day reviewed the history of the property since its acquisition by Dr Bernie Dahl and redevelopment into several office buildings. Mr. Day showed the Board a conceptual site plan on how the site might be reused as a deli, if rezoned. Attorney Hamilton reviewed the proposed contract conditions intended for the property. He indicated that the conditions would limit retail or service business and take out restaurants to 2,000 square feet; that signage would be limited to the M & SD standards and that no roof signs or internally illuminated signs would be permitted; no business on the parcel would generate more than 100 vehicles trips in the peak hour; separated pedestrian access would be provided for uses on the property and bicycle and mass transit to the extent practicable would be facilitated; and any new construction or existing reconstruction on the property will conform to the architectural character and style of buildings immediately abutting the property or within 100 feet of the property. Mr. Hamilton provided the Board some recent case law dealing with "consistency" of development plans based on Comprehensive Planning. The two cases cited provide wide latitude as to interpretation of an elected body on what is consistent. And secondly, that consistency with a comprehensive plan cannot be used as a general site plan review criteria. Mr. Hamilton showed the Board a map of existing uses along the State Street area with a variety of residential, commercial, office, and civic uses. No one spoke in favor of the project change. Mr. Charlie Overlock, of 32 Pearl Street indicated that while his was not in total opposition, he lived in the neighborhood and would not want the general character of the neighborhood to change. Chairman Brown noted the Board needed to be cognizant that the rezoning would allow other uses other than the specifics anticipated by this applicant. Planning Officer Gould indicated that the City has maintained essentially the same land use and zoning policy along the State Street corridor for the past 30 years. 2 The office uses and mixed use buildings largely exist as a result of the City's land use policy. Numerous former gasoline service stations have been rehabilitated and reused as other retail and service businesses. While the specifics of some of the zoning language have changed the basic concepts are still the same. Board Members discussed the sale of alcohol, traffic and the need for a traffic study, and the hours of operation. Planning Officer Gould discussed the requirements of the Neighborhood Service District indicating that this district does not allow the sale of alcohol, does not allow an establishment to be open to the public between the hours of 11:00 p.m. and 6:00 a.m., and does not allow drive-in businesses. Regarding traffic, this would be a site development plan issue and Mr. Gould indicated that because of the nature of the uses allowed, would not likely require that a full traffic study be prepared. The Planning Board voted six in favor and one opposed to recommend that the City Council adopt the proposed rezoning at 333, 337 and 345 State Street as contained in Council Ordinance 10-218. Chairman Brown was uncomfortable that the rezoning may start a trend that would lead to additional rezoning requests that could change the character of State Street.