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Home My WebLink About2016-03-28 16-125 ORDINANCECOUNCIL ACTION Item No. 16-125 Date: March 28, 2016 Item/Subject Ordinance,, Amending Land Development Code — Contract Zone Change — 96 State Street (Tax Map 049-25) from an Urban Service District to a Contract Downtown Development. Responsible Department: Planning DiVislon Commentary: The applicant, R H Foster, is requesting a contract zone change for a parcel of land (.53 acres) located at 96 State Street (Tax Map 049-25) from an Urban Service District to a Contract Downtown Development District. The property is an existing convenience store with gasoline sales. The owner seeks to operate the facility as a retail store and align the proposed building closer to the corners of State Street and Broadway. The Downtown Development District provides reduced setbacks that will allow the building to be moved closer to the Right of Way. The Downtown Development District (DDD) is a pedestrian based district which allows buildings to extend from property line to property line, up to four stories tall. The Downtown District has no off street parking requirement. The contract conditions for the proposed development, allows for a pedestrian based retail building, closer to the street than would be allowed in the Urban Service District (USD), while maintaining off street parking, site development standards, and building limitations similar to USD. In DDD the convenience store would no longer be able to sell gasoline. Manager's Comments: For Referral to Planning Board Meeting of April 5, 2016 at 7:00 p.m. Associated Information: Budget Approval: Legal Approval: Lsl EmeLiL Dept. Head C-ffd City Manager Finance Director city Solicitor Introduced for Passage X First Reading Page ,,,I_ of _1 _X._. Referral to Planning Board Meeting of April 5, 2016,,7:00 p.m. 16-125 MARCH 28, 2016 Assigned to Councilor Graham /pF BA,y� CITY OF BANGOR fps a,ry -? aD, f 6 (TITLE.) 0 r d i n a n c e , Amending Land Development Code — Contract Zone Change — 96 State street (Tax Map 049-25) from an Urban Service District to a Contract Downtown Development Disrict. Be it ordaineof by ifie C7ty Council of the City of Bangor, as follom 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 96 State street (Tax Map No. 049, Parcel No. 25) from an Urban Service District to a Contract Downtown Development District. Said parcel of land containing approximately .53 acres and ging 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. The lot area shall be a minimum of 15,000 sf. B. The lot coverage shall be limited to 30%. C. The Maximum height of any building on the lot will be limited to 45 feet. D. The minimum lot width shall be 80 feet. E. Except for the first thirty (30) feet (either side) from the intersection of Broadway and State Street, the building facade along State Street and Broadway shall be set back no further than twenty feet (20) feet. F. The maximum floor area ratio shall be no more than 0.7. G. Notwithstanding 165-72 R, all uses on the parcel shall comply with 165-72 ("Required number of spaces.") Specifically, parking shall be provided at a minimum ratio of 1 parking space for every 300 sf of gross floor area for retail or service business or office building uses and at a minimum ratio of 1.5 spaces for residential dwelling units. 16-125 MARCH 28, 2016 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 MARCH 28, 2016 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF APRIL 5, 2016 CITY CLERK IN CITY COUNCIL APRIL 11, 2016 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUNCILORS VOTING YES: BALDACCI, DURGIN, GRAHAM, NICHOLS, PERRY, PLOURDE, SPRAGUE, COUNCILORS VOTING NO: NEALLEY PASSED CITY CL K 16-125 MARCH 28, 2016 APPLICATION FOR I AND DE!%TELOPIiENT CODE AND MAP AltIFNDNj fflW 7/1/2012 TO: THE CITY COUNCIL AND DATE: 03-15-2016 THE PLANNING BOARD OF BANGOR, IvWNE: 1. I(WP RH Foster Energy, LLC 2. of PO Box 161 Hampden ME 04444 207-262-3402 Address City or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from USD district to the DDD Contract. 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) 96 State Stree Ban or e Total Area (acres or square feet) 23,235 S . Ft. 4. PROPERTY LOCATION (General location): Example - Comer of State Street and Broadway 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. �9 Parcel 25 6. EXISTING USE: Retail/Gas Station 7. PROPOSED USE: Retail S. NAME AND ADDRESS OF MNER OF RECORD: Nance RH Foster Eng4M U� Address PO Box 161 Hampden 11le 04444 9. NAME AND ADDRESS OF CONTRACT OWNER (if suc : S 10. SIGNATURE OF OWNER OR CONTRACT OWNER- , 47AD4:J? 11. REPRESENTATNE OF APPLICANT: Name P. Andrew Hamilton Address Eaton Peabody PO Box 1210 Bangor Me 12. ATTACH ANY CONDITIONS PROPOSED FORA CONTRACT ZONE REQUEST. RMu�N FORM & DUPLICATE TO PLANNTr1G DIVISION,CITY HALL BANGOR, ME Application fee Processing Advertising 52,409 nA Total Zone Change (1/2 acre or less) $575.00 $410.00* $ 985.00 Zone Change (in excess of 1/2 acre) $920.00 $410.00* $1,330.00 Contract Zone Change - 5 conditions or less $1,377.00 $509.00* $1,886.00 A,Iore than 5 conditions or 50 words $1,900.00 $509.00** $To be determined *Two Ads Required ** Advertising costs above this amount to be paid for by applicant. PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE to J ::.:::•to DDD Ct I dip I MEMORANDUM DATE: April 6, 20156 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 96 State Street- Urban Service District (USD) to Contract Downtown Development District (DDD) - Council Ordinance 16-125 Please be advised that the Planning Board at its meeting on April 5, 2016, held a Public Hearing on the above zone change request. Chairman John Kenney asked the applicant or their representative to make a brief presentation of the request. Attorney Andrew Hamilton represented the Applicant R.H. Foster Energy LLC. Mr. Hamilton went on to explain various references as to consistency with the Comprehensive Plan. He noted the contract Downtown Development District allows the building to better utilize the space on the site which tends to be used up by front setbacks from three streets. Mr. Hamilton noted the site is close to the Broadway Historic District and other Downtown Development Districts. Jeff Jeter noted that they believe they can provide a unique store at this location to serve the neighborhood and clean up some of the traffic issues involved with gasoline service. There were no other proponents of opponents to the rezoning request. Member Mallar asked why would the building height need to be so tall, indicating he would rather see a 32 foot maximum height. Architect Miller indicated it's an issue of the average grade and the sloped roof. Attorney Hamilton thought it is possible to amend the contract conditions to stipulate two stories. Planning Officer Gould indicated the contract conditions add additional limitations to the Downtown Development District. The Downtown Development District opens the door to more flexible setbacks while eliminating the gasoline service use. Moving the building closer to the sidewalk can provide a more pedestrian friendly environment by 2 eliminating automobile conflicts and developing a welcoming building fagade which is easily accessible from the sidewalk. Mr. Gould briefly discussed the history of the Comprehensive plan to find appropriate uses for the small older commercial lots on State Street. Mr. Gould noted that he did not believe the Board should alter contract conditions in the midst of review, but indicated the Board members should weigh the concern against the value of revising the condition in a new application. Member Hicks asked if another property asked for similar zoning would the Planning Officer be in support of it. Mr. Gould indicated if the conditions were similar he would find it a sound model for the new development on State Street. Chair Kenney indicated he agreed that a second story is unlikely given it adds additional parking demand to the site. Member Boothby made a motion to recommend the proposed rezoning to the City Council. Member McCarthy seconded the motion. The Board voted unanimously in favor to recommend the City Council approve the rezoning from USD to contract DDD as contained in C.O. # 16-125 be approved.