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HomeMy WebLinkAbout2015-04-13 15-139 ORDINANCECOUNCIL ACTION Item No. 15-139 Date: April 13, 2015 Item/Subject Amending Land Development Code — Zone Change — 300 Forest Avenue (Tax Map 046-129) from an Urban Residence One District to a Government and Institutional Service District. Responsible Department: Planning Division Commentary: This ordinance will amend the Land Development Code to change the zone on property owned by Duprey Enterprises, Inc. The applicant is requesting a zone change for a parcel of land (.57 acres) located at 300 Forest Avenue (Tax Map 046-129) from an Urban Residence One District to a Government and Institutional Service District. The church which has been at this location for over 100 years is in a Single Family Residential District (URD -1 has ceased to attract new membership to continue its operation. The contract owner seeks to operate the facility as a for-profit day care facility and would be a permitted use in the Government and Institutional Service District. Manager's Comments: For Referral to Planning Board Meeting of April 21, 2015 at 7:00 p.m. Associated Information: Budget Approval: Legal Approval: s Tana L. Em Dept. Head oa�it Y^Y), City Manager Finance Director City Solicitor Introduced for Passage X First Reading Page 1 of 1 _ X Referral to Planning Board Meeting of April 21, 2015, 7:00 p.m. 15-139 APRIL 13, 2015 Assigned to Councilor Faircloth oF SA* . �r. 0 CITY OF BANGOR (TITLE.)O r d i n a n c e jr Amending Land Development Code — Zone Change — 300 Forest Avenue (Tax Map 046-129) from an Urban Residence One District to a Government and Institutional Service Disrict. Be it ordained by the City Council of ffie 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 300 Forest Avenue (Tax Map No. 046, Parcel No. 129) from an Urban Residence One District to a Government and Insitutional Service District. Said parcel of land containing approximately .57 acres and being more particularly indicated on the map attached hereto and made a part hereof. IN CITY COUNCIL APRIL 13, 2015 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF APRIL 21, 2015 C TY CLE IN CITY COUNCIL APRIL 27, 2015 MOTION MADE AND SECONDED FOR PASSAGE CAROL DUPREY SPOKE IN FAVOR OF PASSAGE VOTE: 5-4 COUNCILORS VOTING YES: BALDACCI, CIVIELLO, NEALLEY, SPRAGUE, DURGIN COUNCILORS VOTING NO: BLANCHETTE, FAIRCLOTH, GRAHAM, PLOURDE MOTION FAILED AS 6 AFFIRMATIVE VOTES ARE NEEDED TO OVERTURN PLANNING BOARD RECOMMENDATION CITI CLERK 15-139 APRIL 13, 2015 MEMORANDUM DATE: April 22, 2015 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 300 Forest Avenue — Urban Residence 1 District (URD -1) to Government and Institutional Service District (G&ISD) — Council Ordinance 15-139 Please be advised that the Planning Board at its meeting on April 21, 2015, held a Public Hearing on the above zone change request. Chairman Paul Bolin asked the applicant or their representative to make a brief presentation of the request. Mr. Brian Duprey told the Board he was seeking a rezoning to operate a day care facility at the church building. He noted that the facility had previously had day care there for a number of years. He noted that they would start off small and potentially expand with added parking on-site. In discussions with the City Engineer it was noted that a one-way traffic circulation pattern with cars routing to Milford Street and then Elm Street to avoid left hand turns out to Stillwater Avenue could be provided. Mr. Beau Brigham of 277 Elm Street noted he was concerned about the long term impacts of the zone change. While the present proposal is limited, the rezoning would be permanent and the operation could expand or possibly change to a new owner and use in G&ISD. Doug Belhumuer of 59 Milford Street noted he shares Mr. Brigham's concerns that there was no guarantee that the building would not become some other use after it was rezoned. James Hartley of 235 Elm Street was concerned as to what future implications might be and if this property changed to facilitate a day care would more requests follow suit to add other non-residential uses along Stillwater Avenue. Craig Brigham was concerned about the impact on the adjacent residential properties and traffic impacts on the quiet residential street. There were no other proponents or opponents to the rezoning request. z Planning Officer Gould advised the board that the application was to rezone the former church property to Government and Institutional Service District (G&ISD). The church has been at this location for over 100 years. While back in the 1960's the Comprehensive Plan recognized the church subsequent versions have depicted the land use as low density residential. The property is zoned Urban Residence 1 District which allows single family dwellings as a permitted use and churches are a Conditional Use. Mr. Gould noted that had the church requested to be rezoned for its own expansion there would be little question. The facilities are small and few improvements have been made to the site. With the existing church now vacant the City is likely to see a number of reuse requests, as the large structure is unlikely to be reused as a single family residence. The Government and Institutional Service District provides for a range of uses, primarily intended to facilitate uses by nonprofits such as schools hospitals and governmental buildings. The district does provide for some for-profit uses such as medical office space and day care. Mr. Gould noted that a contract zone is an option but without details concerning what limitations need to be included it is a complicated process. Member Boothby moved to recommend the proposed rezoning to the City Council. Member Kenney seconded the motion and the Board voted 1 in favor and 6 opposed. Mr. Gould noted the Board recommendation would be sent on to the City Council for final action at their next regular meeting. The Board voted one in favor and six opposed to recommend that the City Council approve the rezoning from Urban Residence 1 District (URD1) to Government and Institutional Service District as contained in C.O. # 15-139.