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
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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.