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HomeMy WebLinkAbout2009-06-08 09-197 ORDINANCECOUNCIL ACTION Item No. 09 197 Date: June 8, 2009 Item/Subject: Ordinance, Amending Land Development Code — Contract Zone Change — 253, 265, 273, and 281 Hammond Street from Multi -Family and Service District to Contract Urban Service District. Responsible Department: Planning Division Commentary: For Referral to Planning Board Meeting of Tuesday, June 16, 2009 at 7:00 P.M. The applicant, David B. Lawler, is requesting a contract zone change for four parcels of land located at 253, 265, 273 and 281 Hammond Street. The four parcels contain approximately .78 acres. The applicant is proposing a change from Multi -Family and Service District to Contract Urban Service District. Manager's Comments: Associated Information: Budget Approval: Legal Approval: ►'rr' 10'4 -mo /s/ James D. Ring Department Head 2 ManageCity Finance Director z2Z4 - City Solicitor Introduced for Passage X First Reading Page 1 of 1 X Referral to Planning Board Meeting of June 16, 2009,7:00 p.m. j9 197 Assigned to Councilor -Blanchette June 8, 2009 CI`T'Y OF BANGOR AO,yq���6r` ED, � (TITLE.) Ordinance,Amending Land Development Code — Contract Zone Change — 253, 265, 273, and 281 Hammond Street from Multi -Family and Service District to Contract Urban 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 four parcels of land located at 253, 265, 273 and 281 Hammond Street (Tax Map No. 33, Parcel Nos. 43, 44, 45, and 46) from Multi -Family and Service District to Contract Urban Service District. Said parcels containing approximately .78 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 property shall be subject to the following limitations: A. No gasoline pump shall be located within 500 feet of any existing residential building. B. No alcoholic beverages shall be served or consumed in any eating and drinking establishment, private club or lodge, enclosed recreation center, drive-in business, or retail business located on the property. C. No service window or station for a drive-in business shall be located within 200 feet of any existing residential building. D. No commercial servicing of automobiles or other motor vehicles shall be permitted within 200 feet of any existing residential building. E. No more than 5,000 sq. ft. of gross floor area of any new building constructed on the property shall be devoted to any commercial activity permitted in the Urban Service District. Provided, however, that the foregoing limitation shall not apply to any basement floor area used for heating, plumbing, ventilation, or other building infrastructure, or used for the storage of any goods or materials. 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 June 8, 2009 First Reading & Referred to lanning Board CITY CLERK IN CITY COUNCIL June 22, 2009 Motion Made and Seconded for Passage Vote 8-0 Councilors Voting Yes: Blanchette, Bronson, D'Errico, Hawes, Nealley, Palmer, Stone and Wheeler Councilors Voting No: None Councilors Absent: Gratwick Passed bkf CITY CLERK 1_ _1191 o]UJ ISL Y Mbral 115 AMENDING LAND DEVELOPMENT CODE - CONTRACT ZONE CHANGE 253, 265.273, AND 291 HAHMND STREET FROM MULTI -FAMILY AND SERVICE DISTRICT TO CONTRACT URBAN SERVICE DISTRICT. (FIRST READING REFERRED TO PLANNING BO TING Assigned to Councilor (D 1.4J3 ;OHIO ST I= i 1- 0 D�10,C0410 co ad a /578. UNION ST Za 4� 0 39 197 7/1/08 TION FOR LAND DEVELOPMENT CODE AND MAP TO: THE CITY COUNCIL AND DAI THE PLANNING BOARD OF BANGOR, MAINE: NO. 1. I(WE) David B, Lawler 2. 6181 Hammond Street (r7 �/ y` -"/ o Address City or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from the Multi -family & Service DUatixict to thel rban Service District (contraaj4trict for the property outlined in red on the maps attached hereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) HammancL_street Total Area (acres or square feet) .78 +/- acres 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards East of Pine Street 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. 33 Parcel 43, 44, 45, 46 6. EXISTING USE: reta i 1 , . office and residential 7. PROPOSED USE: Same uses 8. NAME AND ADDRESS OF OWNER OF RECORD: Name David B. Lawler Address 281 Hammond Street- 9. treet9. NAME AND ADDRESS OF CONTRACT OWNER (ig`such):. 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) $508.00 $351.00* $ 859.00 Zone Change (in excess of 1/2 acre) $813.00 $351.00* $1,164.00 Contract Zone Change $1,217.00 $437.00* $1,654.00 *Two Ads Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE �9 197 Exhibit B PROPOSED CONTRACT ZONE CONDITIONS 1. No gasoline pump shall be located within 500 feet of any existing residential building. 2. No alcoholic beverages shall be served or consumed in any eating and drinking establishment, private club or lodge, enclosed recreation center, drive-in business, or retail business located on the property. -- 3. No service window or station for a drive-in business shall be located within 200 feet of any existing residential building. 4. No commercial servicing of automobiles or other motor vehicles shall be permitted within 200 feet of any existing residential building. 5. No more than 5,000 square feet of gross floor area of any new building constructed on the property shall be devoted to any commercial activity permitted in the Urban Service District. Provided, however, that the foregoing limitation shall not apply to any basement floor area used for heating, plumbing, ventilation, or other building infrastructure, or used for the storage of any goods or materials. MEMORANDUM DATE: June 17, 2009 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 253, 265, 273, and 281 Hammond Street Contract Zone change Council Ordinance 09-197 Please be advised that the Planning Board at its meeting on June 16, 2009, held a Public Hearing on the above contract zone change request. Mr. David Lawler, the applicant, spoke in support of this Contract Zone Change application. Mr. Lawler indicated that he was requesting this change to afford him more flexibility in how the buildings can be used. He noted that he has done extensive renovations to his other buildings and this zone change would allow him better flexibility in keeping the buildings occupied and maintained. He indicated that he would also like to replace the deteriorated building at 281 Hammond Street (the former gasoline station now video store) with a new building and have it designed to better conform with the character of his other buildings. Mr. Lawler introduced into the record a letter from several neighboring business owners who were in support of this request. No one else spoke in favor or in opposition. Chairman Brown closed the Public Hearing and asked for Staff comments. Planning Officer David Gould explained that this is an application for a Contract Zone Change from Multi -Family and Service District to Contract Urban Service District with conditions. Mr. Gould gave a history of the previous zone change requests for this neighborhood. In 1998, a request for a Contract Zone change for a national chain pharmacy at this location was subsequently approved by the City Council. As this process took several months, the developer eventually decided against this location and the rezoning was never recorded. Because of the concerns raised at the time of this request about the dilapidated and deteriorated conditions of buildings on Union Place, the City Council adopted the Union Place Neighborhood Conservation Project in 1999 that acquired and demolished several buildings with the intent of redevelopment. In 2004, the current applicant received tentative developer status to redevelop the six parcels along Union Place along with the four parcels on Hammond Street that this applicant owns. The applicant applied for a Contract Zone Change from Multi - Family and Service District (M & SD) to Contract Urban Service District with the same conditions as contained in this request. The zone change was recommended by the Planning Board. However, the development proposal did not proceed and the zoning 2 remained unchanged. Subsequently, a separate multi -family development was constructed. Planning Officer Gould indicated that the applicant is now proposing the same contract conditions as he did in 2004. The existing video store is a nonconforming use in the M & SD. The rezoning would allow the applicant to demolish and/or expand the building which houses the video store. The M&S District does allow office use but does not allow retail sales or other commercial uses. The conditions, as proposed, have a limitation as to drive-thru businesses, automotive service, gasoline sales, and the sale of alcohol. The limitation of 5,000 sq. ft. of retail floor area and the ability to provide on-site parking will control the size of any building on this site. Mr. Gould noted that the Comprehensive Plan Update was being developed at the time this proposal was evolving. The Land Use and Zoning Policy Plans represent high density housing but the narrative indicates mixed use is the likely redevelopment type. Member Damon noted that Mr. Lawler had done a good job in rehabilitating the adjacent structures which has improved that section of Hammond Street. Member Sturgeon asked why the contract conditions utilized setback standards in lieu of use limitations and what impact would that have. Planning Officer Gould noted that the drafter of the conditions was likely trying to deal with the Zoning Ordinance standard in 165- 7 (3) which discourages land use limitations over physical limitations as to setbacks, height, bulk, etc. Given the size and shape of the land being rezoned the neighboring residential uses and distances involved would prohibit most of the uses on the property. Member Rosenblatt asked if there might be other commercial uses that could occur here if another applicant were to succeed Mr. Lawler. Mr. Gould noted the conditions deal with most of the high intensity, high traffic uses that might see this as a potential location; fast food, auto service. The site has some challenges in terms of access given its close proximity to the signalized intersection. Staff recommended that the Planning Board recommend approval of the Contract Zone Change as contained in C.O. # 09-197. Board Members discussed the proposed contract conditions and proposed uses that would be allowed on the site and other commercial districts in close proximity. Mr. Barnes moved that the Board recommend to the City Council that the Contract Zone Change request contained in C.O. # 09-197 from Multi -Family and Service District to Contract Urban Service District for 253, 265, 273, and 281 Hammond Street for David B. Lawler be approved. Mr. Damon seconded the motion which carried by a voted of 7 to 0.