HomeMy WebLinkAbout2007-06-11 07-210 ORDINANCEItem No, pq 210 DMe: ]une,il, MIS Item/6ubjec : Ordinance Amending land Development Code - Contract Zaire Change -402 Sbllwater Avenue from Contact Shopping and Personal Service D&trict to Camact Shopping and Personal Service Ds Responsible Departmem: Nanning Division Commentary: For Referral to Planning Board Meetng of Tuesday, lune 19, 2007, 7:00 P.M. Global Rand, LLC is requesting a contact zone change for parts of two parcels of land containing approximately 3.38 acres and being located at 402 Stillwater Avenue from Contract Shopping and Personal Service District to Contract Shopping and Personal Service District. Manager's Comments: -Th Ory Manager Associated Information Rnance Director legal Approval: 1 / City Idmr Introduced for Passage X First Reading Page l of L • Referral W Planning Board Meeting of Tuesday, June 19, 2007, 7:00 p.m. 07 210 Aealmed to Councilor Palmer dune 11. 2007 M- CITY OF BANGOR C - (TITLE.) Ordinance, Amending land Development Code — Contract Zone Change -- 402 Stillwater Avenue from Contract Shopping and Personal Service District W Contract Shopping and Personnel Service District, & It w0a/rW by the Ory of Nargor as fol/cos: THAT the zoning boundary lines as established by the Zoning Map of the City of Bargor dated October 28, 1991, as amended, be hereby fuller amended as follows: By changing parts of parcels of land located at 402 Stillwater Avenue (Tax Map No. R-55, Parcel Nos. 12 and 12D) from Contract Shopping and Personal Service District to Contract Shopgng and Personal Service Districkt. Said parcel containing appradmately 3.38 acres and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER, THAT in addition W the mandatory conditlos imposed by Chapter 165-7 of the Ordinances of the Gly 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 W the following limitations and/or restrictions: A. Property will be used only for busies or professional office, clinical, medial, dental, and mini - warehouse purposes. B. Any buildings or land used or occupied and buildings erected, cpnstructed, reconstructed, moved or structurally altered shall comply with the requirements of Part II General Requirements and Part 1V Land Development Permit of Chapter 165, Land Development Code of the Ordinances of the City a Bangor and the following dimensional requirements: 1) Minimum side yard building set back 15 fL 2) Maximum lot cruerage 20% 3) Maximum impervious surface ratio.6 5) Suffer yard minimum "C," with minimum Wbuffer yard"C"abutting Garden Way walking path. 6) Maximum gram door area 18,000 sq. R. for Professional office, clinical, medial and dental. C. There will be no vehicular across W the property from Gartlan Way. All vehicular access will be from Stillwater Avenue utilizing an existing curb cut on the abutting propend W the east. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all the terms and conditions set ford above and the resounding of mid executed agreement in tine Penobscot County Registry of Deeds by the property owner, a copy of mid agreement being on file in the office of the Sty Clerk and Incorporated herein by laments. In the event that mid agreement is not so executed within ninety (90) days from the data of passage hereof, this Or3nancs shall become null and yet. man GDDDGIL uoe 00 Hret Beading a Baferrad to BosSi _ 17 C Beg IN CITY CDBBCIL. diwe,25, 2007 Notion Fade and Seeouded for Passage vote: B -o Councilors voting Yee: A11en, Blanchette, D'Frrico. Farrington, Gratelck Create, Bores 6 Palmer Councilors voting No: Dose councilors Absent: Scone Pea s Pm CLEM Ae O]-210 O BDIBAFCB JAnnnt Contract Zone Change - 403 Stillwater 4''ontngsod F s., Service 03s[rictYaConract hpivH" A.ugnealo Couaenor m ® S&PS CONTRACT TO S&PS CONTRACT 07 210 MEMORANDUM DATE: June 20, 2007 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 400 Stillwater Avenue Council Ordinance 07-210 Please be advised that the Planning Board at Its regularly scheduled meeting on lune 19, 2007, held a public hearing on the above contact zone change request. Mr. Jim Manzer, PE of Ames A/E representative of the applicant Global Rand, indicated they were seeking to use the property at 400 Stillwater Avenue for a self storage facility "mini warehouse" as provided for in the SUS Dlstom The property has an existing contract zone from 2006. The proposed contract zoning agreement would only change the floor area ratio limitation from .3 to the S&PS limitation of.4. The Board asked Mr. Rand about the appearance of the proposed structure and whether it would resemble typical self storage buildings. Mr, Randy Rand indicated the facility contemplated would be climate controlled storage space and would be accessed from internal doors rather than exterior garage bays. The closest similar facility Is In Portland. The site would not have outdoor storage or room for large Items such as boats and vehicles. There were no opponents to the proposed change. The Planning lacer reviewed the history of this project and the unique plan of the applicant. The Planning Officer noted there was less concern for the change in floor area ratio than the existing lack of definition within the Land Development Code for "mini -warehouse." The Board discussed the additional floor area allowed by the change and how floor area ratio is calculated. After careful consideration of the existing uses In the area, and the existing contracts on the adjacent properties the Board voted unanimously to recommend the proposed contract revision. RETURN FORM 6 DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR ME Application _ 07 2JO Processing APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE 5/18/06 THE PLANNINGBOARD OF BANGOR, MAINE: NO. 1. 1(WE) Global Rand, LLC $318.00* 2. of Zone Change Address city or Post Office Telephone excess of 1/2 acre) Hereby petition to amend the Land Develo�pp t Code of the CityY of $318.00* Ban or, Maine by reclassifyin from Convect Zone of Sho in and Personal Contract Zone Change $1109.00 ServlcesBLDRdistrict to the Contract oneo oopina an ersonacervices district for the property outlined in red on the mapa attached hereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 402 S611water Avenue Total Area (acres or Sg are feet)3.3SMMPV2.18Ae. LDR=39Pc. Re=,Aj&1 mmg 4. PROPERTYLOCATION (General Location): Example - South side of State Street 400 yards. East of Pine Street - South Weetof Dmw Lane, Stillwater Ave slonalized Intemection abuttirw the southbound travel lane of Interstate 95. 5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map NO.R55 Parcel.12 a 12D 6. EXISTING USE: Undeveloped 7. PROPOSED USE; PIODeft shall be used for 8. NAME AND ADDRESS OF OWNER OF RECORD: Name MRS, INC, a LTI INC. Address Po Box 639 Brewer, Maine 9. NAME AND ADDRESS OF CONTRACT OWNER (if su h7: Globe LLC. 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name AME E (if applicable) Address 115 Main St.. Bangor 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. See attached sheet RETURN FORM 6 DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR ME Application fee Processing Advertising Total Zone Change (1/2 acre or lees) $462.00 $318.00* $780.00 Zone Change (in excess of 1/2 acre) $740.00 $318.00* $1058.00 Contract Zone Change $1109.00 $399.00* $1,504.00 *Twp Ada Required 07 210 MAY 3 0 2001 RdunwhOul May29,2007AIMM11th NH 2 ,0 r e. wa esiww Mr. David Gould, City Planner City Of Bangor Manning Department 73 Marlow 3heel Bangor, ME 04401 Per our phone conveRatiOns of May 25a and May 281 Me following are the proposed conditions related to the pendingappliwtlgn for zoning change by Global Rand, LLC for the parcel identified on City of Bangor Assessor's Map No.R55, Lot 12D from Contract Zone of Shopping & Personal Service DisMot A CCRMI zoning agriementwas createtl forthis parcel ApdI26, 1993 and beat amended November 9, 2006. Global Rand, LLC of 621 Spileates Avenue, Old Town Maine hereby petitions to amend the Land Development Code Of the City of Bangor, Maine W offering certain Conditions or restrictions relating to the physical development anyar opeml of subject premises as follows: I Global Rand LLC., is sacraments and assigns, hereby Casement and added that the use, occupancy and/or development of the subject premlees, In addition to other applicable laws, ordinances, or regulations of the GV of8angar, shall be subjectto Me following restrictions and/or corditimr; on the physical development or operation ofsaid property: A Property will to used only for business or professional o?ce, clinical, medkak tlenbl and munipwarehouse purposes. S. My buildings or land used dismal and buildings erected, Constructed, reconstructed, proved or structural) atered shall comply with the requirements of Part II General Requirements and Pan IV )std Development Permit M Chapter Vlll land Development Code of the Ordinances of the City of Bangor and the following dimensional requirementa: 1) Minimum slide yaM banding setback 15 ft. 2) Maximum lot coverage 20% 3) Maximum impervious surface of 4) Barter yard minimum 'C", with minimum Wonder Pard -C' abutting Garden Way walking path. 5) Maximum grass floor area 16,000 sq. fl. for professional office, clinical, medial, and dental. C. There will be no vehicular access to Me property from Garden Way. All vehicular access will be from $9lWaler Avenue utilizing an existing curb cut on the abutting property, Wthe east ReapeMulty, it 6 our Position that Me change in the Contract zoning language as recommended! is nsistent with the amps, of the prefect exoduses during the 20M zone change process and is compatible vnth the adjacent and surrounding area and in fact provides a clear and regular boo'dary between the existing SAPS and LDR zones. 11" nAMESA/E -ir BI 31.xv Mo 10 F. 207 941,1921 IN MAY 3 0 2001 RdunwhOul May29,2007AIMM11th NH 2 ,0 r e. wa esiww Mr. David Gould, City Planner City Of Bangor Manning Department 73 Marlow 3heel Bangor, ME 04401 Per our phone conveRatiOns of May 25a and May 281 Me following are the proposed conditions related to the pendingappliwtlgn for zoning change by Global Rand, LLC for the parcel identified on City of Bangor Assessor's Map No.R55, Lot 12D from Contract Zone of Shopping & Personal Service DisMot A CCRMI zoning agriementwas createtl forthis parcel ApdI26, 1993 and beat amended November 9, 2006. Global Rand, LLC of 621 Spileates Avenue, Old Town Maine hereby petitions to amend the Land Development Code Of the City of Bangor, Maine W offering certain Conditions or restrictions relating to the physical development anyar opeml of subject premises as follows: I Global Rand LLC., is sacraments and assigns, hereby Casement and added that the use, occupancy and/or development of the subject premlees, In addition to other applicable laws, ordinances, or regulations of the GV of8angar, shall be subjectto Me following restrictions and/or corditimr; on the physical development or operation ofsaid property: A Property will to used only for business or professional o?ce, clinical, medkak tlenbl and munipwarehouse purposes. S. My buildings or land used dismal and buildings erected, Constructed, reconstructed, proved or structural) atered shall comply with the requirements of Part II General Requirements and Pan IV )std Development Permit M Chapter Vlll land Development Code of the Ordinances of the City of Bangor and the following dimensional requirementa: 1) Minimum slide yaM banding setback 15 ft. 2) Maximum lot coverage 20% 3) Maximum impervious surface of 4) Barter yard minimum 'C", with minimum Wonder Pard -C' abutting Garden Way walking path. 5) Maximum grass floor area 16,000 sq. fl. for professional office, clinical, medial, and dental. C. There will be no vehicular access to Me property from Garden Way. All vehicular access will be from $9lWaler Avenue utilizing an existing curb cut on the abutting property, Wthe east ReapeMulty, it 6 our Position that Me change in the Contract zoning language as recommended! is nsistent with the amps, of the prefect exoduses during the 20M zone change process and is compatible vnth the adjacent and surrounding area and in fact provides a clear and regular boo'dary between the existing SAPS and LDR zones. p7 910 A As such, we respectfully reques[tha granting of a Zone Change, as proposed herein, by the Bangor Cry Council and favorable recommendation by the Bangor Manning Board. Thankyou fcryour consideration of tars matter. Massa, Mel free to contact us if you require more Information. Very Truly Yours, .iYMg i 4 Il11Yf6 11a. L James C. Vlanzer, PE Profen Menager rod" n yesmm? M Pm CnM gmp;twM E W mama^ 07 210 Aealmed to Councilor Palmer dune 11. 2007 M- CITY OF BANGOR C - (TITLE.) Ordinance, Amending land Development Code — Contract Zone Change -- 402 Stillwater Avenue from Contract Shopping and Personal Service District W Contract Shopping and Personnel Service District, & It w0a/rW by the Ory of Nargor as fol/cos: THAT the zoning boundary lines as established by the Zoning Map of the City of Bargor dated October 28, 1991, as amended, be hereby fuller amended as follows: By changing parts of parcels of land located at 402 Stillwater Avenue (Tax Map No. R-55, Parcel Nos. 12 and 12D) from Contract Shopping and Personal Service District to Contract Shopgng and Personal Service Districkt. Said parcel containing appradmately 3.38 acres and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER, THAT in addition W the mandatory conditlos imposed by Chapter 165-7 of the Ordinances of the Gly 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 W the following limitations and/or restrictions: A. Property will be used only for busies or professional office, clinical, medial, dental, and mini - warehouse purposes. B. Any buildings or land used or occupied and buildings erected, cpnstructed, reconstructed, moved or structurally altered shall comply with the requirements of Part II General Requirements and Part 1V Land Development Permit of Chapter 165, Land Development Code of the Ordinances of the City a Bangor and the following dimensional requirements: 1) Minimum side yard building set back 15 fL 2) Maximum lot cruerage 20% 3) Maximum impervious surface ratio.6 5) Suffer yard minimum "C," with minimum Wbuffer yard"C"abutting Garden Way walking path. 6) Maximum gram door area 18,000 sq. R. for Professional office, clinical, medial and dental. C. There will be no vehicular across W the property from Gartlan Way. All vehicular access will be from Stillwater Avenue utilizing an existing curb cut on the abutting propend W the east. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all the terms and conditions set ford above and the resounding of mid executed agreement in tine Penobscot County Registry of Deeds by the property owner, a copy of mid agreement being on file in the office of the Sty Clerk and Incorporated herein by laments. In the event that mid agreement is not so executed within ninety (90) days from the data of passage hereof, this Or3nancs shall become null and yet. man GDDDGIL uoe 00 Hret Beading a Baferrad to BosSi _ 17 C Beg IN CITY CDBBCIL. diwe,25, 2007 Notion Fade and Seeouded for Passage vote: B -o Councilors voting Yee: A11en, Blanchette, D'Frrico. Farrington, Gratelck Create, Bores 6 Palmer Councilors voting No: Dose councilors Absent: Scone Pea s Pm CLEM Ae O]-210 O BDIBAFCB JAnnnt Contract Zone Change - 403 Stillwater 4''ontngsod F s., Service 03s[rictYaConract hpivH" A.ugnealo Couaenor