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Home My WebLink About2014-09-08 14-288 ORDINANCECOUNCIL ACTION Item No. 14-288 Date: September 8, 2014 Item/Subject Amending Land Development Code — Zone Change 120 Park Street (Tax Map 041-117) from a Government and Institutional Service District to a Downtown Development District. Responsible Department: Planning Division Commentary: The applicant, Unitarian Universalist Society of Bangor, is requesting a zone change for a parcel of land (23,165 sq. ft.) located at 120 Park Street (Tax Map 041-117) from a Government and Institutional Service District to a Downtown Development District. The historic church is zoned Government and Institutional Service District (G&ISD) which is typical for churches. It the church's desire to add an elevator to the structure and because the present structure exceeds the allowable lot coverage for the lot, a zone change to Downtown Development District (DDD) would facilitate such an addition. is! Tanya L. Emery Dept. Head Manager's Comments: For Referral to Planning Board Meeting of September 16, 2014 at 7:00 p.m. Associated Information: Budget Approval: Legal Approval: I 0 File City Manager Finance Director "17//V City Solici r Introduced for Passage • First Reading Page 1 of , • Referral to Planning Board Meeting of September 16,.2014,,7:00 p.m. 14-288 SEPTEMBER 8, 2014 Assigned to Councilor Plourde `r. v o�N'. .s:/`" GITY OF BANGOR �1F¢ (TITLE.) O r d i n a n C e r Amending Land Development Code — Zone Change — 124 Park Street (Tax Map 041-117) from a Government and Institutional Service District to a Downtown Development District. Be it ordained by the City Council 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 120 Park Street (Tax Map No. 041, Parcel No. 117) from a Government and Institutional Service District to a Downtown Development District.. Said parcel of land containing approximately 23,165 sq. ft. and being more particularly indicated on the map attached hereto and made a part hereof. IN CITY COUNCIL SEPTEMBER 8, 2014 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF SEPTEMBER 16, 2014 0 CITY CLERK IN CITY COUNCIL SEPTEMBER 22, 2014 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 9-0 COUNCILORS VOTING YES: BALDACCI, BLANCHETTE, CIVIELLO, DURGIN, GALLANT, GRAHAM, NEALLEY, PLOURDE, SPRAGUE COUNILORS VOTING NO: NONE PASSED CITY CLERK v C) N co x w m oo w 00 H cl a 4w U) 0 I=0 H Cd ch 14-288 SEPTEMBER 8, 2014 7/)/2012 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE: THE PLANNING BOARD OF BANGOR, MAINE: 1. I(WE) 2. of Address City or Pott Office' Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from I( t ", district to the district for the property outlined in red on the maps attached hereto, which are part of this applicationv , and described as follows: 3. ADDRESS OF PROPERTY if an r Total Area (acres or square feet) i6 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map N6�-( lParcel; _e 6. EXISTING USE: 7. PROPOSED USE: 8. NAME AND ADDRESS OF OWNER OF RECORD: Name Address 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name k' f (if applicable) Address /f 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE ONE 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 deterinhied *Two Ads Required ** Advertising costs above this amount to be paid for by applicant. PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE ALI, 5 14-288 SEPTEMBER 8, 2014 MEMORANDUM DATE: September 17, 2014 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUB3ECT: Amending Zoning Ordinance -- -— 120 -Park Street (Tax -Map -041=117) -From Government and Institutional Service District to Downtown Development District - Council Ordinance 14-288. Please be advised that the Planning Board at its meeting on September 16, 2014, held a Public Hearing on the above zone change request. Member Boothby indicated that he felt that he had a conflict of interest as he is a member of the Governing Council for the Unitarian Universalist Society of Bangor church. A motion was made, seconded and unanimously approved that Mr. Boothby has a conflict of interest. Mr. Evan Richert representing the applicant indicated that this is a request for a zone change from Government and Institutional Service District (G & ISD) to Downtown Development District (DDD) in order to construct a small addition to the building to install an elevator. They are also proposing accessibility modifications to allow for wheelchairs and handicap accessible bathrooms in this historic building. The applicant applied to and received approval from the Historic Preservation Commission. At that time it was discovered that because the church building covers approximately 42% of the lot and only 30% is allowed in a G & ISD they would not be allowed to construct an addition for the elevator. They looked into obtaining a variance and found that it was not a viable solution. After discussing this with City Staff, they applied for a zone change to Downtown Development District. Mr. Richert indicated that Downtown Development District zoning is appropriate for this location as there are other contiguous parcels that are currently zoned DDD (such as the Library and properties along Park Street). The uses as a place of worship, a venue for social services, performing arts and conferences are also consisted with DDD zoning. Board Member Mallar felt that a contract rezoning with conditions would be a better solution than a straight zone change to DDD as any use in the DDD would be allowed with no parking required. He was concerned that if the church ceased its operation that the building could be converted into a multi -unit apartment building with no parking requirements. Chairman Sturgeon opened the meeting up to comments from proponents. Mrs. Judith Boothby, a Kenduskeag Avenue resident and Member of the Church, told the Board that when she was attending Bangor High School (which was then located on 14-288 SEPTEMBER 8, 2014 Harlow Street) she would walk over to the church building (which also housed the Thomas School of Dance at Dorothy Memorial Hall) for dancing lessons. She told the Board that while it wasn't an issue climbing stairs, etc. then it is now becoming a challenge. An elevator and handicap accessible improvements would be welcomed. There were no opponents to the requested zone change. Planning Officer Gould indicated that this is a request from G & ISD to DDD for approximately a one-half acre parcel located at 120 Park Street which has been the location -of -the -Unitarian Church -since -1852. -With-this-long=standing-use there -is -little -- likelihood that this use will change, the building enlarged, or the parking demand radically changed from its current demand. Staff did not see a downside to this rezoning to allow the applicant to construct an elevator. Member Bolin felt it was important to make the building more accessible and if the use of the building was ever changed then it would need to be reviewed and parking would be considered. He indicated that he was comfortable with a recommendation to approve the request. Member Miller agreed. Chairman Sturgeon indicated that he felt that DDD zoning was appropriate. Member Bolin moved to recommend to the City Council that the zone change request contained in C.O. # 14-288 be approved. The motion as seconded by Member Williams and it passed by a vote of 6 in favor and 1 opposed.