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HomeMy WebLinkAbout2015-06-08 15-202 ORDINANCECOUNCIL ACTION Item No.15-202 Date: June 8, 2015 Item/Subject ORDINANCE, Amending Land Development Code — Contract Zone Change — 300 Forest Avenue (Tax Map 046-129) from an Urban Residence One District to a Contract Government and Institutional Service District. Responsible Department: Planning Division Commentary: The applicant, Brian Duprey, is requesting a contract 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 Contract Government and Institutional Service District. The church has been at this location for over 100 years and is currently in an Urban Residence 1 District (URD -1) where places of worship are a Conditional Use. 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. The contract conditions limit the square footage of the building and restrict other G&ISD uses of the property. s Tana L. Erne Dept. Head Manager's Comments: For Referral to Planning Board Meeting of June 16, 2015 at 7.00 p.m. cRbur4 City Manager Associated Information: Budget Approval: Finance Director Legal Approval: City Solicitor Introduced for Passage X First Reading Page __L of 1 X Referral to Planning Board Meeting of June 16 2015, 7:00 p.m. ;mar ••9qr ..- � �7 �R4TED.fE j Assigned to Councilor Baldacci CITY OF BANGOR 15-202 JUNE 8, 2015 (TITLE.) Ord 1 n a n C e f Amending Land Development Code — Contract Zone Change — 300 Forest Avenue (Tax Map 046-129) from an Urban Residence One District to a Contract Government and Institutional Service Disrict. Be it ordained by the City Coundl of 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 300 Forest Avenue (Tax Map No. 046, Parcel No. 129) from an Urban Residence One District to a Contract 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. 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 property will be limited to use as a Place of Worship and a Day Care Center. B. The building shall be limited to a maximum of 5,000 sq. ft. gross floor area. C. The building shall not provide any accessory dwelling units or overnight accommodations. 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 JUNE 8, 2015 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING ON JUNE 16, 2015 CITY CLERK9, 44'4"�� IN CITY COUNCIL JUNE 22, 2015 MOTION MADE AND SECONDED FOR PASSAGE V0TE:8-0 COUNCILORS VOTING YES: BALDACCI, CIVIELLO, FAIRCLOTH, GRAHAM, PLOURDE, SPRAGUE, BLANCHETTE, DURGIN COUNCILORS VOTING NO: NONE PASSED PUTY CITY CLERK 15-202 JUNE 8, 2015 7/1/2012 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND THE PLANNING BOARD OF BANGOR, MAINE: 1. I(WE) . 012 r q DATE: 2. of Address City or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from Uk D, I district to the 6rf f '� �2 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 )C"( r o;t i s -- Total Area (acres or square feet) . �a-) � C "L4 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street �-"( (17 1. S. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No.w Parcel 6. EXISTING USE: C 0 7. PROPOSED USE: (l' (�L- C Ef G' I �� C-r� t 8. NAME AND ADDRESS OF OWNER OF RECORD: Name>� Address ' � V %. 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): 10. SIGNATURE OF OWNER OR CONTRACT OWNED / I% - J' ti 11. REPRESENTATIVE OF APPLICANT: Name (if applicable) Address 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM & DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR, ME. Application fee Processing AdvertisingTotal 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 15-202 JUNE 8, 2015 300 Forest Avenue contract conditions: 1. The property will be limited to use as a Place of Worship and a Day Care Center. 2. The building shall be limited to a maximum of 5,000 square feet gross floor area. 3. The building shall not provide any accessory dwelling units or overnight accommodations. 15-202 JUNE 8, 2015 MEMORANDUM DATE: June 17, 2015 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 300 Forest Avenue — Urban Residence One District to Contract Government and Institutional Service District — Council Ordinance 15-202 Please be advised that the Planning Board at its meeting on June 16, 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. Brian Duprey explained that he was previously before the Planning Board with a zone change request for the same parcel. At that hearing, neighboring property owners expressed their concerns and the Board recommended to the City Council that it not be approved. Mr. Duprey indicated that he is now seeking a contract zone change which would limit the use of the property to a place of worship and a day care center, limit the gross floor area of the building to a maximum of 5,000 sq. ft. and not provide any accessory dwelling units or overnight accommodations. The contract zone change request is to mitigate concerns of the neighbors and the Board. Mr. Duprey said that this would add to the tax revenue, it would continue as a church with a small day care center, and the building would be made ADA compliant. He has operated three day care centers over the last 20 years and he did not know of any complaints against them. Doug Belhumuer, a neighboring property owner located behind the church indicated that the proposed contract zone change eliminated his concerns. Craig Brigham, who owns property on Elm Street, indicated that he had concerns with increased traffic. He indicated that while he did not have a problem with the day care or church he felt that the rush hour traffic would add to the already congested area. He said that it was very difficult to make a left-hand turn from Elm Street onto Stillwater Avenue. He asked if the Maine Department of Transportation (MDOT) was going to allow for a left-hand turn off of the interstate onto Stillwater Avenue. City Engineer John Theriault noted that last Friday the City received a draft copy of MDOT's recommendation which indicated that they were going to recommend it. However, he thought that it would be late fall of 2016 at the very earliest before it would be completed. 2 Mr. Brigham distributed a handout depicting making Milford Street one-way to Grove Street and installing a light at the corner of Forest Avenue and Stillwater Avenue as a means to solve the traffic problem in this area. Mr. Brigham asked that the Board table this discussion until such time as the traffic issue can be addressed. Mr. Bolin indicated that traffic is not in the purview of the Planning Board but with the City Engineer and the Maine Department of Transportation. Patty Kladder, a Burleigh Road resident, indicated that Stillwater Avenue is a major road for this area of the City to access shopping and other amenities. She also indicated that she felt that the day care would be a valuable service and asset to the City. No one else spoke. Chairman Bolin closed the Public Hearing and asked for Staff comments. Planning Officer Gould discussed the previous zone change request and this contract rezoning request and indicated that the Board needed to review this to see if the proposed contract zone change conditions mitigated their concerns with the prior application. Mr. Duprey said that he met with the City Engineer to discuss traffic. City Engineer Theriault explained that in order to install a traffic light there needs to be enough traffic at that location to warrant one. He indicated that he did not feel that the intersection of Forest Avenue and Stillwater Avenue would have enough traffic from this use to warrant the need .for a traffic signal. Mr. Kenney indicated that he was concerned with increased traffic from the proposed use of the building especially a day care center that could have up to 80 children at this site. Mr. Duprey indicated that they will be licensed for 49 children at this site. Mr. Mallar noted that the first condition indicates that the use would be a church and a day care. He asked if under the first condition if the church were to leave if the day care could continue. Assistant City Solicitor Nicklas indicated that he would doubt that the City would ask the other use to close down. Member Boothby made a motion to recommend that the City Council adopt the contract zone change request for 300 Forest Avenue from Urban Residence One District to Contract Government and Institutional Service District as contained in C.O. # 15-202. Mr. Kenney seconded the motion. The Board voted five in favor and one opposed.