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Home My WebLink About2015-04-27 15-152 ORDINANCECOUNCIL ACTION Item No. 15-152 Date: April 27, 2015 ORDINANCE Item/Subject Amending Land Development Code — Zone Change — 720 Essex Street (Tax Map 016-016) from a Low Density Residential District to an Urban Residence One District. Responsible Department: Planning Division Commentary: The applicants, James Rogers and Elizabeth Rogers are, requesting a zone change for a parcel of land (9,500 sq. ft.) located at 720 Essex Street (Tax Map 016-016) from a Low Density Residential District to an Urban Residence One District. The Urban Residence 1 District (URD -1) more closely fits their lot at 10,000 SF Minimum Lot Area, than the Low Density Residentail District (LDR) at 12,000 SF Minimum Lot Area. Both Districts provide for single family dwellings. Manager's Comments: For Referral to Planning Board Meeting of May 5, 2015 at 7:00 p.m. Associated Information: Budget Approval: Legal Approval: fsf Tanya L. Emery Dept. Head C�W n, L,L, City Manager Finance Director CVY Solicitor Introduced for Passage X First Reading Page 1 of 3, X Referral to Planning Board Meeting of May 5, 2015,,7:00 p.m. 15-152 APRIL 27, 2015 Assigned to,.Gouncilor Baldacci O��NC0 CITY OF BANGOR 4M3. p'I ' �A4TED,<E �- (TITLE.) Ord 1 n a n C e r Amending Land Development Code — Zone Change — 720 Essex Street (Tax Map 016-016) from a Lown Density Residential District to an Urban Residence One Disrict. Be it ordained by the City Council of the C'Ity of Bangor, as fof/om 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 720 Essex Street (Tax Map No. 016, Parcel No. 016) from a Lown Density Residential District to an Urban Residence One District. Said parcel of land containing approximately 9,500 sq. ft. and being more particularly indicated on the map attached hereto and made a part hereof. IN CITY COUNCIL APRIL 27, 2015 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF MAY 5, 2015 TY CL IN CITY COUNCIL MAY 27, 2015 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUCILORS VOTING YES: BALDACCI, CIVIELLO, FAIRCLOTH, GRAHAM, NEALLEY, PLOURDE, SPRAGUE, DURGIN COUNCILORS VOTING NO: NONE PASSED CITY CLERK 15-152 APRIL 27, 2015 m A LDon" TO URD I N X7.1. Feet 0 30 60120 180 240 tin=1278 15-152 RE r-6 �WIR1291122015 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDiVfEN D e nd Planning TO: THE CITY COUNCIL AND DATE: April 1. 2015 THE PLANNING BOARD OF BANGOR, MAINE: 1. I(WE) James E Rogers and Elizabeth F. Rogers 2. of 720 Essex Street, Bangor, ME c/o John Hamer, Rudman Winchell, 992-2598 Address City or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from LDR district to the URD -1 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 arty) 720 Essex Street Total Area (acres or square feet) 9,500 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street Corner of Essex and Dewitt, west of Essex and south of Dewitt 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. 16 Parcel 16 6. EXISTING USE: Residential 7. PROPOSED USE: Residential 8. NAME AND ADDRESS OF OWNER OF RECORD: Name James & Elizabeth Rogers Address 720 Essex Street, Bangor, ME 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): nla 10. SIGNATURE OF OWNER OR CONTRACT OWNER:;. 11. REPRESENTATIVE OF APPLICANT: Namezer Joh sRudman Winchell (if applicable) Address P.O. Box 1401, Bangor, ME, 04402-1401 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) $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 More 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 15-1J2 MAY 27, 2015 MEMORANDUM DATE: May 19, 2015 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 720 Essex Street — Low Density Residential District (LDR) to Urban Residence 1 District (URD -1) — Council Ordinance 15-152 Please be advised that the Planning Board at its meeting on May 19, 2015, held a Public Hearing on the above zone change request. Chairman Bolin opened the Public Hearing and asked the applicant or their representative to make a brief presentation of their application. Mr. John Hamer of Rudman and Winchell indicated he represented James and Elizabeth Rogers in their request to amend the zoning of their parcel on Essex Street. Mr. Hamer indicated the house was built in 1962. The lot is 9,500 square feet in size below the Low Density Residential minimum of 12,000 square feet. When the Rogers inquired about adding a generator the Code Enforcement office indicated they may exceed the Impervious Surface Ratio (ISR) for their parcel. Mr. Hamer indicated the Urban Residence 1 District would be more appropriate for the Rogers' lot as it is just under the URD1 minimum lot standard which limits some options for further development on the property. Planning Officer Gould advised the Board that the applicants, James and Elizabeth Rogers, home was built in 1962 with a lot created in the mid 1950's when the City minimum lot size was 7,500 square feet. As the decades passed, the minimum lot size in the City changed (1974 and 1991), both times increasing the minimum lot size. While Dewitt and Clark Avenues have smaller, older lots, they were zoned to Low Density Residential in 1991. This rezoning request would make the Rogers' property closer to conformance with the current City Standard (URD -1) and would potentially allow for some additional structures. Mr. Gould noted the change does not allow the Rogers to add additional units or add some new accessory use, it simply allows them to improve their lot consistent with other older URD -1 lots. 2 Board Member Mallar asked if the request would be considered spot zoning. Mr, Gould indicated that his view of spot zoning is somewhat broader, noting that treating one lot different than its abutting neighbors is spot zoning. However, if you allowed all the adjacent lots with the same lot sizes to also be rezoned then it is not singling out this lot for special treatment. The specifics of the application are that the Rogers have filed an application, paid the requisite fees, and are entitled to the City's consideration. Member Williams asked if the Board should consider other adjacent lots in the same situation. Mr. Gould noted that the Board could take a look at that, but should deal with the application in front of it. Member Mallar asked if the building meets all the applicable setbacks and if they would change when rezoned. Mr. Gould noted there are some differences in the two districts. Mr. Mallar asked if the setbacks listed on the Building Permit application were correct. Mr. Hamer in consultation with Mr. Rogers noted that the Rogers' lot is a corner lot which is unique in how specific yards are determined, noting that the Code Office had no issues with the building. No one from the audience spoke either in favor of or in opposition. Chairman Bolin closed the Public Hearing and asked for a motion. Member Boothby made a motion to recommend that the City Council adopt the Rogers' request for 720 Essex Street — Low Density Residential District (LDR) to Urban Residence 1 District (URD -1) — Council Ordinance 15-152. Member Williams seconded the motion and the Board voted 5 in favor 1 opposed.