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Home My WebLink About2014-03-10 14-111 ORDINANCECOUNCIL ACTION Item No. 14-111 Date: March 10, 2014 Item/Subject Amending Land Development Code — Zone Change — 970 and 974 Kenduskeag Avenue from a Rural Residence and Agricultural District to a Low Density Residential District. Responsible Department: Planning Division Commentary: The applicants, Sonja Bernier and Galen and Mary Elaine Furge, are requesting a zone change for a portion of two parcels of land located at 970 and 974 Kenduskeag Avenue and containing approximately 1.79 acres from a Rural Residence and Agricultural District to a Low Density Residential District. The Applicants are seeking the rezone to reduce the applicable side yard setbacks to accommodate some preexisting development on the lots. Because public sewer and water are available to serve these lots, Low Density Residential is consistent with the City's Comprehensive Plan. Manager's Comments: For Referral to Planning Board Meeting of March 18, 2014 at 7:00 p.m. Associated Information: Budget Approval: Legal Approval: /s/ Tanya L. Emery Dept. Head CLa:L �NA- CU\A City Manager Finance Director Introduced for Passage X First Reading Page 1 of i X Referral to Planning Board Meeting of March 18, 2014, 7:00 p.m. MARCH 10, 2014 Assigned to Councilor Plourde �� D��Npa • I CITY OF BANGOR o 4 e' �RATm.f/ (TITLE.) Ordinance' r Amending the Land Development Code — Zone Change — 970 and 974 Kenduskeag Avenue from a Rural Residence and Agricultural District to a Low Density Residential District. Be it ordained by the City Counts/ 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 parts of two parcels of land located at 970 and 974 Kenduskeag Avenue (Tax Map No. R- 23, Parcel Nos. 16 and 16B) from a Rural Residence and Agricultural District to a Low Density Residential District. Said parts of parcels of land containing approximately 1.79 acres and being more particularly indicated on the map attached hereto and made a part hereof. IN CITY COUNCIL March 10, 2014 First Reading and Referral to Planning Board Meeting ®�clrch 1 20 4 z� CI CLERK IN CITY COUNCIL March 24, 2014 Motion made and seconded for Passage Vote: 9-0 Councilors Voting Yes: Baldacci, Blanchette, Civiello, Durgin, Gallant, Graham, Nealley, Plourde, Sprague Councilors Voting No: None c2 d ;12 CITY CLERK v 0 N CT IMC 2 �U D cc r Ketjw!qo Keno e D I J cc L Is S Xeaf n 14-111 MARCH 10, 2014 7/1/2012 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE:,eA—'te l zezy THE PLANNING BOARD OF BANGOR, MAINE: 1. I(WE) Soh � o-- lBe?irVllr'tom' 2. of -7-1 ]3n `14 S i . 44- 12v3 -( C 223 yZ y�� Address City or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from ?.� . k 1 district to the L t> & 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 an a i 4 1&nAy s ixecQ.1e Total Area (acres or square feet) << ZS e2Z r e. s 4. PROPERTY LOCATION (General location): Example - South side of A)es f Stere e T 1J1Me 1s`(egs State Street 400 yards. East of Pine Street 74vt m Ue- , l /S 0f �; !7, Y%% v f GYr f7 to �. 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map NogWarcel(o 6. EXISTING USE: )�a_� se. U+ 7. PROPOSEDUSE: 8. NAME AND ADDRESS OF OWNER OF RECORD: NarneSO& -13E'r r e r VI Address 2 ( 60!4 cit St. 14 tot 1203 j�a►ilor, E 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): 10. SIGNATURE OF OWNER OR CONTRACT OWNER: y H. REPRESENTATIVE OF APPLICANT: Name--TQ_ rye d C?J�r rt (if applicable) Address Z- 8 r ,�Or l rae oa rx .?1 vt.�� v 600 ✓ 12. ATTACH ANY CONDITIONS PROPOSED FOR ACONTRACTzONE REQUEST."" t -(Z q S 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 14-111 MARCH 10, 2014 7/1/2012 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMEND ENT TO: THE CITY COUNCIL AND DATE:��Co•z� THE PLANNING BOARD OF BANGOR, MAINE: 2. of q-10 &L4 C1 us kP0. G— fiVetoSj C—,—( 4&jjt • Z27- NZ4D) Address City or Post OfficeTelephoner -- hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from 2 district to the district for the property outlined in red on the maps attached hereto, -vvhich are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any)—q70 ty1 &u s SCP cL ! - Total Area (acres or square feet)V er 4. PROPERTY LOCATION (General location): Example- South side of W4.s fi 5(A -e- d+ K,endLZke State Street 400 yards. East of Pine Street AOe," Je~ it << O .t, nom+ 0-f Gil ff nh �.,f 5. LEGAL DESCRIPTi N OF PROPERTY - Assessors Map No?3Parcelj( B 7 drill 6. EXISTING USE; 7. PROPOSED USE: v 8. NAME AND ADDRESS OF OWNER OF RECORD: Natne �•7 a.- e vl G jQ,r yz,2 V IrjC. Address9 % f� �r/ S' '9, #l/e4-7 UC 9. NAME AND ADDRESS OF CONTRACT OWNER (if such):00, —f— 10. SIGNATURE OF OWNER OR CONTRACT OWNER 11. REPRESENTATIVE OF APPLICANT: NamejDa. ( Y -.t t (;j n ,. (if applicable) �X � n _-j Address z!� 8 gdnyo-e {t , �.1,� t v� -e v' jpo ✓' `� 12. ATTACH ANY CONDITIONS PROPOSED FOR A CON RAT ZONE REct Q EST. 2 RETURN FORM & DUPLICATE TO PLANNING DIVISION CITY HALL BANGOR ME, Application fee Processins? 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 14-111 MEMORANDUM DATE: March 19, 2014 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 970 and 974 Kenduskeag Avenue from Rural Residence and Agricultural District (RR&A) to Low Density Residential District (LDR) - Council Ordinance 14-111. Please be advised that the Planning Board at its meeting on March 18, 2014, held a Public Hearing on the above zone change request. Vice Chairman Paul Bolin opened the Public Hearing and asked for a brief presentation by the applicant or their representative. Mr. Darrell Ginn, Professional Land Surveyor, indicated he represented Sonja Bernier and Galen and Mary Elaine Furge. Mr. Ginn noted the request was based on some prior development activity that encroached onto Mr. Furge's property. The rezoning was part of the solution to resolve setback and encroachment issues. Mr. Galen Furge of 970 Kenduskeag Avenue noted that the rezoning would help resolve the existing development dilemma that exists on the property. There were no opponents to the rezoning request. Planning Officer Gould explained that this portion of Kenduskeag Avenue is served by public sewer and water. While the area has been historically zoned Rural Residence and Agriculture, it is suited to a more urban, low density development. Both the homes in question are single-family residences and the change benefits the properties due to the reduction in required setbacks from a rural side yard of 20 feet to an LDR setback of 10 feet. The City's Land Use and Zoning Policy is for low density residential zoning along the Kenduskeag Stream. Vice Chairman Bolin asked if there were other options available to the applicants to resolve the development issue. Mr. Gould noted there were but rezoning is one which does involve the Planning Board and City Council. Based on its consistency with the Comprehensive Plan and the existing uses not likely to change it was one option that did not involve radical alterations to the structures or property lines. Mr. Kenney moved to recommend to the City Council the proposed zone change from RR&A to LDR as contained in C.O. # 14-111. Mr.Miller seconded the motion and the Board voted unanimously to recommend that the City Council adopt C.O. # 14-111.