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Home My WebLink About2009-10-14 09-311 ORDINANCECOUNCIL ACTION Item No. Date: October 14, 2009 f) 9 ;S 1. 1 Item/Subject: Ordinance, Amending Land Development Code — Zone Change at 521 Kend kpaq Avenue from Urban Residence One District to High Density Residential Distfcf. Responsible Department: Planning Division Commentary: For Referral to Planning Board Meeting of October 20, 2009, 7:00 p.m. The applicant, Julie B. Sites, is requesting a zone change from Urban Residence One District to High Density Residential District for a 3.44 acres parcel located at 521 Kenduskeag Avenue. Manager's Comments: � PQ,� -t-�V � Pa� 0 *"-\, Associated Information: Budget Approval: Legal Approval: Introduced for Passage X First Reading X Referral to Planning Board Meeting of October 20, 2009 /s/ James D. Ring Department Head MmIx tonCity Manager Finance Director ,9Z City Solicitor Page 1 of 1 Assigned to Councilor Blanchette 311 `0 October 14, 2009 of CITY OF BANGOR J 9'Ogq�fO,r (TITLE.) Ordinance, Amending Land Development Code — Zone Change at 521 Kenduskeag Avenue from Urban Residence One District to High Density Residential 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 521 Kenduskeag Avenue (Tax Map No. R-34 Parcel No. 31) from Urban Residence One District to High Density Residential District, said parcel containing approximately 3.44 acres and being more particularly indicated on the map attached hereto and made a part hereof. IN CITY COUNCIL October 14, 2009 First Reading & Referral to Planning Board Meeting of 10/20/09 at 7pm 40 -e , " CITY CLERK IN'CITY COUNCIL October 26, 2009 Motion Made and Seconded for Passage Vote: 8-0 Councilors Voting Yes: Blanchette, Bronson, D'Errico, Gratwick, Haves, Nealley, Palmer & Wheeler Councilors Voting No: None Councilors Absent: Stone Passed k;:�N ffn 12 y 9 LE*" - CITY CLERK # 09-311 ORDINANCE (TITLE,) Amending Land Development Code - Zone Change at 521 Kenduskeag Avenue from Urban Residence One District to HIgh Density Residential District Assigned to Councilor_ �� µ Y, # 09-311 ORDINANCE (TITLE,) Amending Land Development Code - Zone Change at 521 Kenduskeag Avenue from Urban Residence One District to HIgh Density Residential District Assigned to Councilor_ �� 3�A 9,,q+ A LDR 407 6.9.3 Ac N HDR �\URD1 TO HDR URD1 L r N URD1 MEMORANDUM DATE: October 21, 2009 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 521 Kenduskeag Avenue Zone Change Council Ordinance 09-311 Please be advised that the Planning Board at its meeting on October 20, 2009, held a Public Hearing on the above zone change request. Mr. Fred Marshall with Plymouth Engineering and Ms. Julie Sites, the applicant were present in support of this application. Mr. Marshall explained that the applicant is requesting a zone change from Urban Residence One District (URD -1) to High Density Residential District (HDR). He indicated that 75% of the property abutting this parcel is presently zoned for High Density Residential Use. He noted that the Urban Residence One zoning was the result of a zone change request by a previous owner to lower the property taxes on the property. He also indicated that he felt that it would make sense to change the zoning to close up a gap in this area of high density residential use abutting this parcel. Mr. Marshall indicated he felt the applicant's property was indicated as a gray area in the Comprehensive Plan's Zoning and Land Use Policy Maps. No one spoke 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 Zone Change from Urban Residence One District to High Density Residential District. The land around Husson College has seen dramatic change since the mid 1970's when numerous properties along and around Husson Avenue began to construct multi -unit apartment buildings. This parcel is surrounded on three sides by High Density Residential Zoning. However, the City's Land Use and Zoning Policy maps indicate low density residential or Urban Residence One District use so there is some inconsistency between some zoning and the Comprehensive Plan's Land Use Policy. In very general terms it has been the development policy to maintain very low density along the Kenduskeag Stream corridor and Kenduskeag Avenue and concentrate higher density residential towards Broadway. This parcel falls at the boundary of the existing older developed portions of the City and the newer developing areas of the City. If the property were in a "developing area" the Low Density Residential District would allow greater flexibility in use of the property than Urban Residence One District. Based on the Comprehensive Plan, Staff could not recommend approval. Mr. Rosenblatt indicated that he could not support this zone change and asked what Staff would be willing to support. Planning Officer Gould indicated Staff would see 2 two options that might be found consistent: 1) one to rezone the Kenduskeag Avenue frontage consistent with the its two abutting neighbors; or 2) to develop a contractual zone that would allow multi -unit structures at a density and character consistent with adjacent neighborhood. Board Members discussed the process for amending an application at this point. Mr. Gould indicated that any change would need to be submitted as a new request, abutters would need to be notified, the proposal would need to be advertised and that a new Public Hearing would need to be held. Also discussed was the existing zoning and uses abutting this parcel. Mr. Rosenblatt moved to recommend approval to the City Council of the zone change request from Urban Residence One District to High Density Residential District at 521 Kenduskeag Avenue for Julie Sites, applicant, as contained in C.O. # 09-311. Mr. Barnes seconded the motion. Ms. Julie Sites spoke and indicated that the abutting Lots 30 and 30B were approved for 7 units, the property on the other side of her property contains 28 residential units (Country Villa) and behind this parcel is the Bradford Commons apartment complex. This amounts to approximately 75% of the area surrounding her parcel as High Density Residential use. She told the Board that she felt that this zoning change was consistent. Chairman Brown asked for a vote. The Board voted 6 in favor of the motion and one opposed. Therefore, the motion passed. 0S SII 7/l/09 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE ,gs�o9- THE PLANNING BOARD OF BANGOR, MAINE: NO. 1. I(} J►vLrE d sus 2. of 810 Fl o — Cz4.-2 Address City or Post OfFce Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from rm,o 9 district to the � M"- 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 PROPERTY (if any)_ I;;2/ kEn/talit�rr/�� AU�cr/� Total Area (acres or square feet) 3...4 ~&S 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map NaQjj1Parce1_3L 6. EXISTING USE: 7. PROPOSED USE: 8. NAME AND ADDRESS OF OWNER OF RECORD: Name ,7jjjd& d. Sjr Address H/0 sz�,�� &"Or -o' ►, ms 9. NAME AND ADDRESS OF CONTRACT OWNER (if 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name e4yh2o (if applicable) Address &p 61�7c.46 t%ymu y q�9 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM & DUPLICATE TO PLANNING DIVISION CITY HALL BANGOR ME. Application fee Zone Change (1/2 acre or less) Zone Change (in excess of 1/2 acre) Contract Zone Change - 5 conditions or less More than 5 conditions or 50 words Processing Advertising Total $549.00 $372.00* $ 921.00 $878.00 $372.00* $1,250.00 $1,314.00 $463.00* $1,777.00 $1,814.00 $463.00** $To be determined *Two Ads Required ** Advertising costs above this amount to be paid for by applicant. PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE