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Home My WebLink About2011-01-10 11-055 ORDINANCEItem No, 11 0 1'MS- 603f1 Item/Subject: Ordinance, Amending Lard Development Code — Zone Change— 109 Sidney Street from Urban Residence One District to Urban Residence Two District. Responsible Department: Planning Division Commentary: The applicant, Joseph Racer, is requesting a zone mange for a parcel containing approximately 10,530 sq. ft. located at 109 Sidney Street from Urtan Residence One District to Urban Residence Two Di4rict. /a/James D Ring Department Head Manager's Commefflue n�CYA�� rA �%�Q.IiT'ts M2+1JxS Q VW �a-Q- 5~ vcrtxMks n Ory Manager Associat Informatiom Q no my,�6fl3 Jllemuumdia Budget Approval Finance Director _. CI Solicitor Passage X First Reading Page 1 of I X Referral to Planning Board Meeting of Tuesday, January 18, 2011, 7:00 p.m. ):j- 055 January 10, 2011 Assigned to Cowcllor - Weston z 04 CITY OF BANGOR t (TITLE.) Ordinance, Amending Land Development Code — Zone Change- 109 Sidney Street from Urban Residence One District to Urban Residence Two District Be it ordairxd by the Ory 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 looted at 109 Sidney Street (Tax Map 24, Parcel No. 121B) from Urban Residence One District to Urban Residence Two District. Said parcel containing approximately 10,530 sq. R. and being mare particularly indicated an the map attached hereto and made a part hereof. IB CIT[ COD m January 10. 2011 Firs[ Beading and Referral !to e eoard tleacing of ac ]pa CITT IN CITE Co ML February 16. 2011 Motion pude aed Secoaded for Passage Michael Gleason, resident of Bolter street, Spoke Su support of this from. voce: h-2 Councilors voting Yea: maaLhette. Durgin. Longo, Races. paltir E Weston Councilors voting Mo: Bronson 6 Gratuick Councilors Absent: Bealley Passed MTLS.1 Ameodin Laud Devel -Zone Ghali e - 109 Sidney Street o Residence one Distric to Brhan Realdeoce two District A•egoed.b (bunegor Wv_e�+n 1(�/ D O URD•l TO URD=2 ].1 655 O URD•l TO URD=2 11 0155 rano APPLI "1]ONkOA LAND DEVELOPMB$f C�ODF APID MAP AMF DI Lam{ 'T TP THE CITY COUNCILAND DATE4/y 20/0 F TAP PLANMNG Pri OF' BANGOR, MAW, O L EWE) Y 'e 2. of 738.E : sly a+++ R sn3'Y 7S Address City or Fort Office ' Telephono M1rreby petition to amaid the Land Develomneul Code of the City offrangrq Minae by reclessif, firm _u2D I dnalett he uen"'L Aatriol for lM1clroyrty outlined in red on the maps all i heradswhich anc part of tiesarestmadjord, arddeamrbedas fd 3. ADDRESS OP PROPER TY(if any) /Dp/ J? 'Total Arco (notes or square feel) /DS�a S �Ytc; _ 4. PROPEIYIY LOCATION(Genend lmafien)_ Pamtple-South aide of Starr Shen sop yards. East of Pine Street 5. LEGAL DESCRIVI ION OF PROPERTY -Assessors Map No.2RPerool fz46 6. EXISTINGUSL --VyfORh'f- � r� �eis.Y 7. PROPOSED USE: Gln -2 & NAME AND ADllRL'S80P OWNER OA RECORD: Num Address %J-1 Ry //o /qOe, 0. NAME AND ADDRESS' OFCONTRACTOWNER(Hun : 10. SIONATURYOFOWNARORCONTRACTOWNER:-� 11 REPRESENTATIVE OP APPLICANT': Name_ (Ifairmicnble) — 12. ATTACHANYCONDITIONSPROPOSEDFORACONTRACTROTf 9t1EST RETORNFOHM.$DOPLICA]'E TO PL"N CDN65iON CffY HALL BANGORME Amiscglion fee P__i Adverfe'in total Rude Orange(142acte or lase). 1549,00 5384.00" $ 93300 Zone Change (in excess of Irt sure) $87890 $33400• $1,262,00 Contren7ne Grange- 5 conditucy or $1,314:00 $477.00° $1,791.00 Afore than 5 conditions or 50 words $1,914.00$477.00'" S to be dneimincil "Two Ads Rrquioay "*Advertniny costs above lhls amount to Wpaid for by applicant PI,LASE READ PROCESSING PROCEDURE ON REV fiRSE SIDE MEMORANDUM DATE: February 8, 2011 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 109 Sidney Street— URD -1 to URD -2 Council Ordinance 11-055 Please be advised that the Planning Board at its meeting on January 18, 2011, held a Public Hearing on the above zone change request. Min Joseph Kacer provided the Board with a history of his project at the site. He had received site plan approval in 1987 to construct 2, four -unit buildings. He completed the site work and utility service for both buildings, but only constructed one. In 1991, the Zoning Ordinance changed and the permit for the second four -unit building lapsed. Mr. Kacer noted that there were other multi unit buildings in the immediate area and he would like to construct a three -unit building that would conform to URD -2 standards. Mr. Kacer noted that being adjacent to the waterfront and other services it is a good location for well designed apartments. Mr. Mike Gleason, who has resided at 114 Walter Street for 40 years, indicated that he is in favor of the proposed zone change request. His property Is behind the parcel in question. Mr. Gleason said that when he moved there he was totally surrounded by trees and it was like living in the country. Mr. Gleason Indicated that just about every other rental property in that area is an old converted house which has tenants who do not stay longer than about three months. Mr. Kacees property has been one of the stabilizing factors of the neighborhood because his tenants are long- term, don't have wild parties, and they do not have police visits at night. He fully supports Mr. Kezar's request for the zone change. Mr. Richard Higgins of 106 Walter Street agreed with Mr. Gleason and indicated he supported Mr. Kacer's request. Planning Officer David Gould indicated that the City had a substandal policy change in the land use of this area, and most of the core of the City. Formerly, single- family homes were being converted to muni -family units and putting a strain on older neighborhoods. A large number of parcels in the City's care were down zoned to single- family use. Mr. Kacei's permits had expired decades ago and to rezone the property to URD -2 is inconsistent with the City's land use and zoning policy. Mr. Gould Indicated that while he did support the Walter street request as it may eliminate a blight In the neighborhood, the present application does not. Mr. Gould noted further that he would be at a loss to relate to the next applicant what the Board would support since it is deviating from the adopted land use policy without a clear indication of reasoning behind it. After discussion of the proposed use by the applicant, the existing uses in the area, and the unique topography of this portion of Sidney and Walter Streets, the Planning Board voted to conduct a site visit on January 22, 2011 to review existing conditions in the area. At the Board's meeting on February 1, 2011 the Public Hearing which was continued from January 18, 2011 was reopened and Mr. Gleason again spoke in favor of the proposed zone change request indicating that the two most positive additions to this area were the Shaw's development and the Shell Gas Station development along Main Street He said that he felt that the applicant's request would be another positive for the neighborhood. No one spoke in opposition. The Planning Board voted five in favor and two opposed to recommend to the City Council that the zone change request from URD -1 to URD -2 at 109 Sidney Street for Joseph Kacer as contained in C.O. # 11-055, be approved.