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Home My WebLink About2014-03-10 14-110 ORDINANCECOUNCIL ACTION Item No. 14-110 Date: March 10, 2014 Item/Subject Amending the Land Development Code — Zone Change — 1129 and 1139 Stillwater Avenue from a Rural Residence and Agricultural District to a General Commercial and Service District; and 349 Longview Drive from a Shopping and Personal Service District to a General Commercial and Service District. Responsible Department: Planning Division Commentary: The applicant, Cross Realty, LLC, is requesting a zone change for two parcels of land located at 1129 and 1139 Stillwater Avenue from a Rural Residence and Agricultural District to a General Commercial and Service District; and one parcel of land at 349 Longview Drive from a Shopping and Personal Service District to a General Commercial and Service District. These parcels abut the Natural Living Center at the corner of Longview Drive and Stillwater Avenue. General Commercial and Service District (GC&S) is the predominant zone on abutting parcels and is consistent with the Comprehensive Plan's Zoning Policy. Manager's Comments: For Referral to Planning Board Meeting of March 18, 2014 at 7:00 p.m. Associated Information: Budget Approval: /s/ Tanya L. Emery Dept. Head City Manager Finance Director Legal Approval: City S 'icitor Introduced for Passage X First Reading Page 1 of 1 X Referral to Planning Board Meeting of March 18, 2014, 7:00 p.m. 14-110 MARCH 10, 2014 Ste. BNc�='` Assigned to Councilor Durgin CITY OF BANGOR o`F �RAED. iED� (TITLE.) Ord 1 n a n C e ,r Amending the Land Development Code — Zone Change —1129 and 1139 Stillwater Avenue from a Rural Residence and Agricultural District to a General Commercial and Service District; and 349 Longview Drive from a Shopping and Personal Service District to a General Commercial and Service District. Be it ordained by the Oty Counts/ of the Oty 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 two parcels of land located at 1129 and 1139 Stillwater Avenue from Rural Residence and Agricultural District to General Commercial and Service District (Tax Map No. R-68, Parcel Nos. 6-A and 6-B) and by changing one parcel of land located at 349 Longview Drive from Shopping and Personal Service District to General Commercial and Service District (Tax Map No. R-69, Parcel No. 1L). Said parcels of land containing approximately 2.9 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 of March 14 oe CITY C ERR 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 Pa ed CITY LERK 14-110 MARCH 10, 2014 EXHIBIT _ V -12o 4 G i 14-110 MARCH 10, 2014 EXHIBIT _ V -12o 4 G 14-110 MARCH 10, 2014 TO: THE CITY COUNCIL AND DATE FebruM 18, 2014 THE PLANNING BOARD OF BANGOR, MAINE: 1. I(WE) Cross Realty, LLC 2. of P.O. Box 1388, 74 Gilman Rd, Bangor, ME 04401 Address City or Post Office hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from Rural Residence & Agricultural and Shopping & Personal Service districts to the General Commercial & Service district for the property outlined in red on the maps attached hereto as Exhibit A, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 1129 & 1139 Stillwater Avenue and 349 Longview Drive, Bangor, ME 04401 Total Area (acres or square feet) 2.9 acres 4. PROPERTY LOCATION (General location): Stillwater Avenue northeasterly of Black Bear Medical and the Natural Living Center building; Longview Drive between the Black Bear Medical and Natural Living Center building and Gateway Title of Maine building 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. R68 Parce1006-A & 006-B; Assessors Map No. R69 Parcel 1L 6. EXISTING USE: R68 Parcel 006-A: vacant,• R68 Parcel 006-13: former residential; R69 Parcel 1L: vacant 7. PROPOSED USE: Commercial 8. NAME AND ADDRESS OF OWNER OF RECORD: Name Cross Realty, LLC Address P.O. Box 1388, 74 Gilman Rd, Bangor, ME 04401 9. ND ADDRESS OF ACT WNER if 10. SIGNATURE ME ATURE OF WNER OR CONTRACOT OWNER: sip, kt,"'�VLW 11. REPRESENTATIVE OF APPLICANT (if applicable): Name P. Andrew Hamilton, Esq. Address P.O. Box 1210, 80 Exchange Street, Bangor, ME 04402-1210 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 14-110 MEMORANDUM DATE: March 19, 2014 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 1129 and 1139 Stillwater Avenue and 349 Longview Drive from Rural Residence and Agricultural District (RR&A) to General Commercial & Service District (GC&S) and 349 Longview Drive from Shopping and Personal Service District (S&PS) to General Commercial & Service District (GC&S)- Council Ordinance 14-110. 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 noted that Alternate Member McCarthy could vote on this item given the absence of Chairman Sturgeon. Attorney Andrew Hamilton indicated that his client Cross Realty, LLC was requesting a rezoning of three parcels totaling approximately 2.9 acres. Mr. Hamilton noted the request was consistent with the City's Comprehensive Plan and he was confident that all public utilities could be provided to the site. There were no other proponents or opponents to the rezoning request. Planning Officer Gould explained that in 2003 when several adjacent parcels were rezoned the property at 1139 Stillwater Avenue was a residence. The City's Land Use and Zoning Policy is for commercial zoning and General Commercial and Service District zoning is consistent with adjacent properties. Based on its consistency with the Comprehensive Plan and the other adjacent properties, Mr. Miller made a motion to recommend the proposed zone change to the City Council. Ms. Williams seconded the motion. The Board voted unanimously in favor of the motion to recommend that the City Council approval of the rezoning from RR&A to GC&S and S&PS to GC&S as contained in C.O. # 14-110.