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:
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/s/ James D. Ring
Department Head
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ManageCity
Finance Director
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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
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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
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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.