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
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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
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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