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HomeMy WebLinkAbout2010-11-22 11-018 ORDINANCEItem Ni Date: November 22, 2010 Item/Subject: Ordinance, Amending land Development Cade — Contract Zone Change — 715 Hammond Street from Contract Multi -Family and Service District to Contract Multi -Family and Service District Responsible Department: Planning Division Commentary: The applicants, Mark Eggleton and ]anel Berkel, are requesting an amendment to the contract zoning conditions of their existing Contract Zone Change at 715 Hammond Street. The applicants are proposing two changes, one to increase the square footage of the office space, and the other to increase the number of employees from seven to eight. Department Head manges Commentm 1b� P�i�ati��uxna�sly�IU�mrnJ�xs/o F14��imJllre�mJnnf N CIN Manager Associated Information: Ordinance Finance Director r olicitor Passage X First Reading Page 1 of 1 _ji__ Referral to Planning Board Meeting of Tuesday, December 7, 2010, 7:00 p.m. 4 J °- Assigned to Councilor -Parr Wwembar 22. 2010 CITY OF BANGOR (TITLE.) Ordinance,Amending Land Development Code—Zone Change 715 Hammond Street from Contract Multi -Family and Service District to Contract Muld-Famity and Service District ee o- ormimdey ma cry o7000zo , asbeo.s: 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 715 Hammond Street (Tax Map No. 6, Parcel No. 87) from Contract Muilti-Family and Service District to Contract Multi -Family and Service District. Said parcel containing approximately 10,750 sq. R. 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 residential character of the property shall be retained and that portion of the property not utilized for a dental office shall be limited to a single-family use in which only the dental professional and family may reside, B. There shall be no expansion of the office space beyond the the first Floor square footage currently devoted to that use. C. The total number of employees, including the dental professionals, on the premises shall not exceed eight at any one time. D. The non-residential portion of the subject premises shalt be used only for a dental office. 2. Execution by those partes 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 M CIW WWCIL i November 22, 2010 First Reading and Referral to Planing Beard Meeting of OeFember 7. 2010 at )pa 2Y 9 IN CRY CONNC6 December 13, 2010 Motfou Made and Seconded foil Passage vote: R-0 Councilors Votin Yes: RLmchette. Broncos: turgin, 4 atnek. Lwgo. Naves. NealIey. Palmer S Weston couaFllors Voting No: Moe P ed cTTP C *. ORDi� vdfa Laud Development Cade. &MO t gone Cbenge 715 Hamood Street .J a contract Multi Family and Seioice oistTlct to Contract Multi-Pamil land service met nct , MEMORANDUM DATE: December 8, 2010 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 715 Hammond Street Council Ordinance 11-018 Please be advised that the Planning Board held a Public Hearing on the above noted contract zone change request at its regularly scheduled meeting of December 7, 2010. Mr. Thomas Needham, Esquire, representing the applicants, Mark Eggleton and Janet Bernal, indicated that this request was a simple revision to the contract provisions for the dental office at 715 Hammond Street. The two changes were dealing with the contacts Floor area limitation on the first Floor and the number of dental professionals allowed at one time. Attorney Needham noted that the Planning Staff provided a good history of the prior rezoning hearings but took exception to the chaactertzhion that the dental practice was expanding. Planning Officer Gould reviewed the history of the contract zone dating back to 1982. While the Planning Staff had concerns about the office use in the residential district there had been strong neighborhood support and the Planning Board and City Council had found the use to be consistent with the Comprehensive Plan, Mr. Gould noted Staff worked with Attorney Needham to simplify the Floor area condition to avoid confusion in the future. As with any contract rezoning the Planning Board must be comfortable that the proposed conditions adequately limit the operation within the scope of whats Intended. Mr. Gould noted that the Manning Staff has reservations that the growing number of professionals at the office will have a tendency to overtax the site. Chairman Brown asked Dr. Eggleton to describe the available on-site parking. Dr. Eggleton noted approximately 8 spaces are available and usually one or two are open for patients, given the office is on a corner on -street parking is available on two streets. Board members noted that If there were concerns of the neighbors over the proposed change they likely would have turned out at the hearing. The Board voted unanimously to recommend to the City Council that the zone change request contained in C.O. # 11-018 from Contract Mul0-Family and Service District to Contract Multi - Family and Service District at 715 Hammond Street for Mark Eggleton and Janet Bakal be approved. Registry of Deeds by the property owner, a copy of said agreement being on Ole 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 vold. r 19 O Q+10 TH 13 (3 Is s X>9w v sv s v� 4 69 tJR®-1 � 1 I �UR�-'� 87 CE HAM ST ® M&SD CONTRACT TO M&SD CONTRACT V ^.I$ Amended Ammi tr.a n on APPLJP I ON TpR LAND DNVPIOjMEyTCODli ANDMAP ANILNDMiNI TO'. THF. CITY COUNCIL AND DATE T HL PLANNING BOARD OF BANGOIC MAINE NO, 1. II W11) Mark Eg9lemn and Jane[ A, Bevkel 2. of_*ISHmnn fir_[Ond rML04401 A69yp _ Addfxs Cily or Post Of rl, TeePhonc hereby both ion to ruald the Land Development Code ofthe City of Maivc by needing me (C,mnn Yarding A9reeiou t dahN July 31. 2001 (sae attachment) film the parnwt ut6u and on ilia mo y qtl is map hcrolo. a1iialm in POR CI'Ihie applicatmq mrd dccribui tallows'. zone Caste, from Coat, ccI n,Iai-Family a 5ervl co msnlct so, cent ect an, la1 ienrIr +. ADDRESS OF PROPERI ECany): 715 Hammond Shoot, tdnn8or and serel,e oiatriel - TmalAreahuesor.sidecfeet) 10,7513t (to ana,a ax solea conditions) 4. PROPER TY LOCA'ITON D3coa llomation): Comer of Hammond So Car and 141. Street A LP,OALDESCRI PTION OF PROPERTY- Assassins Map No. 6 Pat eel 87 6. EXISTING USE: Dental Office 7. PROPOSED USE: Dental Of re 8. NAME AND ADDR&S$ OP Ol4'NER OP RECORD. Nvne Marl: E. Eggleton Janet A. Merit] Address 715 Hmnmond Shot HmOmq ME 04401 9, DAMP AND ADDRESS OP CONTRACT OWNER (if .aichb A/ is 19. SIpNA'CUAE UFOR'NEIi OR CONTRACT OWNER: sZuKL,,rfF tj c<ol..-� 11. REPRESLM'1'A'UVEOFAPPLICANT` Name 'Ifiomas E. Needbvlq Esq Address 23WaWr Strah.Rnpoq ME04401 12. ATTACH ANY CON DITIONS PROPOSED FOR A CON' FRAC I ZONERENJLSI. TJRN POItMADU,>)).A9'P. TD PLmpNN1YC DN SOjq, CI'fM1' AT UANftOR ML* An Iento1 preceeclicS old,dobilan T lad Zone Clmng,(9a arm or icon) 5549.0d ,5384001 $993.00 Zoo, (hang, till excess If iia acce) $878.00 $38400* $1,26200 C011 7ned; Change - 5 conditions of lss$1,314.00 $477X0* $1,)91.1)0 Norc[ban s conditions no Do wends $1.814.00 $471.0011 $1'1 ho daermined *Two Ads Required "Advedising costs above this almant to be paid for by appliwm. PI,LASRREADPROCESSINC PROCEDDItEONREVERSIISFDE CIS proposed contt—act zone change conditions — 71S xammand street - marL L. Egalcton and Janet A. B¢rkol A. ]7he ieSIdPnLjdj c of the prop iv sFall ba 2 and that omYlon o£rtheer - ^ned property sin not utilized fore dental onli shall den be idted to a anglemfamily i. w< ch iii n only the denial professional and family may reside. B. 'Phnre shall be no tepansion of the office apace beyond the first floor square footage cusiently devoted to tlhat ,e. C. The total umber of emplovaLkx, iylvalng the dental profe6siocals, en the premieea shall not exceed eight at dny one time. D. 'fli- esidentlal portion of the subject premises shalt be used only far a dental office.