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HomeMy WebLinkAbout2007-06-11 07-213 ORDINANCEItem Mq, 07 213 Date: June Il, 2007 Rem/Subject: Ordinance, Amending Lantl Development Code — Contract Zone Change - Gdfftn Road and Kenduskeag Avenue —from Rural Residence and Agricultural District and Law Density Residential District W Contract Low Density Residential District Responsible Department: Planning Commentary: For Referral to Planning Board Meeting of Tuesday, June 5, 2007, 7:00 P.M. Judson M. Grant, Jr. and Mike tongs are requesting a contract me change for an 87.3 acre parcel of land located on Griffin Road and Kenduskeag Avenue from Rurel Residence and Agricultural District and Low Density Residential District to Contract Low Density Residentlal District. Lkmf- .. +rte w ...C.dn.0.it in •( fie.{ -- -�• -'� pa Lypµsp,eA _(e4�.l,Rwu.D%cJAJ- (30& i odM N/s/ Jamesnes 7RN curun3 apartment Head C constants. W-tme � Age cup This si the new cone c sFia Infrastructure application that was developed the cooperative efforts of the Transportation and d on a comer Committee, the mens progrthe or the majority Avenue neighbors, and Qty staff. Itis based d t a comprehensive development program for the roadwa of the untlevelopetl residential land located betvmen Kenduskeag Avenue, Griffin Road, and Broadway. Legal Approval: France Director IrRroducM for T Passage y First Reading Page 3 M i XRefemal to Planning Board Meeting of Tuesday. June 5, 2007, 7:00 p.m. 07 2]3 n � A%eivea to Councilor Palmer ]uve It. 2007 a} '~ CITY OF BANGOR (TITLE.) Ordinance, Amending Lard Development Code— Contract Zone Change— Griffin Road and Kenduskeag Avenue — from Rural Residence and Agricultural District and tow Density Residential District to Contact Low Density Residential District. 6e kw-ds/neNby the Ery a &hw, as fNbws: THAT the inning boundary lines as established by the Zoning Map of the atyof Bangor dated October 28, 1991, as amended, be hereby further amended as follows: By changing parts of parcels of land located on Gnffin Road and Kenduskeag Avenue (Tax Map No. R- 32, part of Parcel No. 5 and Tax Map No. R33, part of Parcel No. 5A) from Ruml Residence and Agricultural District and Low Density Residential Dlorct to Contact Low Density Residential District, sant parts of parcels containing approximately 87.3 acres and being more pardculaO/ Indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER, THAT in addition W the mandatory ca ditions 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 W the following limitations and/or restrictions: A. Vehicular access along Kenduskeag Avenue shall be limited to serving the area indicated In Exhibit A. In no event shall vehicular circulation traverse the wetland area indicated by the "Circulation Divide" in Extutit A. B. Vehicular tris accessing Kenduseag Avenue shall be limited to 260 per day based upon the Institute of Transportation Engineers (ITE) standards in effect for the proposed development plan at the time of site plan application to the Ory. C. There shall be no more than 5 (five) vehicular access paints W Kenduskeag Avenue. D. Development shall Include a minimum of 40% open space which shall W located and maintained within the zone to amass natural rabbet area and/or wildlife corridors such that upon completion of development the open space is contiguous within the zone and/or with adjacent established open space and/or wetlands. E. Open Space may induce stormwamr mitigation devices providing that they are vegetated and are not intended to be or result in ponds with standing water. F. A 100-foot vegetated buffer of open space shall be maintained in a natural condition around the existing pond shown in Exhibit A. A vehicular access drive may pass through the porta buffer that shall be located so as to minimize disturbance of adjacent wedanes. V 21.3 G. The landowner(s) shall allow for a publicly accessible rwn-motored trail to apirMlmate the circulation divide alignment Devekgment in proximity to said alignment shall Provide for continuity of the tell. Seasonal motorized use of the bail may be excepted with owner permission. H. Development plane should attempt to avold wetlands disturbance and demonstrate such, as part of the Site Plan Review process. Should wetlands disturbance be unavoidable, all applicable regulations pertaining to wetlands impacts shall be adhered to by the developer. 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 forth above and 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 not so amounts! within ninety (90) days frown the date of passage hereof, this Ordinance shall become null and void. 18 Pin cousciL Jose. I1. 2007 Motlolf Ham mad Seconded to waive the First Heading Yate: A Co®cilors voting Yea: f11em. Blam<hmtte. Worries, FArrlagtoa Gratvick. Creme. Palmer SIStom Comcilors Voting No: Sone Councilors "met- Hawes First Needing aaived Notion Mede and Seems" for Passage Note: H-0 Councilors Voting Yes: dllee. Hlamhette. D!Hrrlco.Pariig6tun. Cra�wick, Creme, Palmer d Store Councilors Vot£ag No: Nom Come Ora Ahsent: Navee Pana CPR CLEM * o7-213 n R IH ANCH mrLg e - Cmtract Zme Chmge Griffin Road asd rand ales eoem _ form M naidnnee and Agricultural District sal tow Denaity Obmity Residential District m r "S zcc ® RR&A TO LDR CONTRACT ® LDR TO LDR CONTRACT 0'7 213 MEMORANDUM DATE: lune 6, 2007 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Kentluskeag Avenue Council Ordinance 07-192 Please be advised that the Planning Board at its regularly scheduled meeting on June 5, 2007, held a Public Hearing on the above contract zone change request. Mr. Andy Sturgeon of Ames A/E represented the applicants ludson Grant and Mike Longo. Mr. Sturgeon noted that the proposed contract had been the end result of numerous parties getting together to reach a common agreement on a development plan for this portion of Kentluskeag Avenue. Mr. Steve Ribble of Ames A/E reviewed the various contract conditions for the Board. Mr. Ribble noted that a land swap with the City had made the development possible for access to Griffin Road and avoidance of wetlands and vernal pools. Pat Cunningham indicated she was in support of the contract zone change and was thankful to everyone who worked to make it possible. Linda Hunter indicated she had come to love the peaceful enjoyment of the rural nature of Kentluskeag Avenue and she hated to see that change. She did want to thank the property owners, designers and the City for working out a set of conditions that will more appropriately steer the development of this land. Planning Officer David Gould indicated that the proposed request was consistent with the Comprehensive Plan and land use policy of the City. While a straight zone change request would be deemed consistent, the contract conditions will reinforce the City's ability to control traffic Impacts on Kentluskeag Avenue and require greater protection of wetlands and preservation of open space. Mr. Gould noted that in the development of the contract conditions certain concepts or development styles were considered. Over time, those design concepts may charge and the conditions will be left In place to guide future development that may have differing concepts of how the property should be developed. Mr. Gould indicated that the process was a successful one and hoped everyone would be happy with the resulting development projects when the come forward. The Board voted unanimously to recommend the adoption of the proposed contract rezoning to the City Council as indicated in Council Ordinance 07-192. � 2+3 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMEN'j' i4AT P ! TO: THE CITY COUNCIL AND DATE: 05/04/07 THE PLANNING BOARD OF BANGOR, MAINE: NO. - - 1. 1(WE) Judson M. Grant JR. / Mike Longo 2. of Address City or Poet Office Telephone Hereby petition to amend the Land Development Coda of Che City of Bangor, Maine by reclassifying from RR+Rand LDR (sas0 hed7 district to the LDR Contmd — 'acr1cc for EWe- property outlined in red on the maps attached hereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) Near Griffin Rd. B Kend iskeaa Ave Intemect'on Total Area (acres or square feet) appmx.87.3acres 4. PROPERTY VOCATION (General Location): Example - South side of State Street 400 yards. East of Pine Street - Internal0 BmadwaV/ Gnffin/Kenduskeac tdanole with limeed fmntmg on Griffin and Kenduskeap S. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. Man R-32 Part of Lot and Mao R-33 Part of Lot SA 6. EXISTING USE: Existing use is open fieldAsoods. 7. PROPOSED USE: LM Dens ty Residential Total Zone Ckr nge (1/2 acre or less) e. NAME AND ADDRESS OF OWNER OF RECORD: Name JUdsn01.4(Lard Jr Address same as above 9. NAME AND ADDRESS OF CONTRACT OWNER (i£ Such): 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name Stevan Ribble, ASLA CIOAMESA/E (if applicable) Address PO BOX261D BanwrO4402-2610 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN. FORM R DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR ME Application fee Processing Advertising Total Zone Ckr nge (1/2 acre or less) $ 479.00 $330.00* $809.00 Zone Change (in excess of 1/2 acre) $ "776.00 $330.00+ $1,096.00 Contract Zone Change $1,146.00 $411.00* $1,557.00 *Two Ade Required A Aa ESA/aE May 18, 200] Mr. David Gould, City Planner City of Bangor Planning Division 73 Harlow SVeat Bangor, Maine 04401 Dear Mr. Gould; 07 2.13 museums 315 MW In., PC BM 2610 T. 20].9i]01y30J-2610 r: 20].9411921 W wowameI Rdwi Cur` 3-ThO HaMaThe Chi, nion cps-meaiuPC 111427 HOnEiN ,mCi, 2a 3s02w21 603 n22 F6W.631m10 Contained herein 6 an application to rezone approximately 87.3 acres near the Intersection of Griffin Road and Kenduskeag Avenue, more specifically identified as Bangor Assessors Map No. R32, part of Lot 5 and Map No. R-33 part of Lot 5A. The Property ajointly owned by Grant Trailer Sales, Inc. and Grant Realty who are being represented In this issue byAMES A/E. The subject area a located in a developing portion of Bangor near Broadway (State Route 15). The existing zoning oflM1e subject area b RR+A and LDR. This proposal herein seeks to rezone the current RR+A and LDP zones to LDR Contract with the following condhions: 1. Vehicular access along Kenduskeag Avenue shall be limited to serving the area Indicated in Exhibit A. In no event shall vehicular circulation traverse the wetland area indicated by the -Circulation Divide" in Exhibit A. 2. Vehicular trips accessing Kenduskeag Avenue shall be limited to 260 per day based upon the institute of Transportation Emphasis (ITE) standards in effect for the proposed! development plan at the time done plan application to the City. 3. More shall be no more than 5(five) vehicular access points to Kanduskeag Avenue. 4. Development shall Include a minimum of AM open space which shall be located and maintained within the zone to amaes natural habitat area and/or wildlife Corridors such that upon completion of developmentthe open space Is configuous within the zone and/or with adjacent established open space and/or wetlands 5. Open Space may include stormwater mttlgetion devices providing that May are vegetated and are not pleaded to bei or result in ponds with standing water. 6. Ai0lfool vegetated buffer of open. space shall be mairramed in a natural condWon around the existing pond shown in Exhibit A. A vehicular access drive may passthrough the pond buffer Met shall be located so as to minimize disturbance of adjacent wetlands. 7. The land owner(s)shall allow for a publicly accessible nommotodzed [rail to approximate the Cbculation divide alignment Development in proximity to said alignment shall provide for continuity of the trail. Seasonal motorized use of the trall may be excepted with owner permission. S. Development plans should attempt to avoid wetlands disturbance and demonstrate such, as part of the Site Plan Review process. Should wetlands disturbance be unavoidable, all applicable regulations pertaining to wetlands impacts shall be adhered to by the developer. ki 07'213 Respectfully, It is our position Met the proposed zone change is compatible with the intent of me Comprehensive Pan and further, It approximates Me zoning indicated in the City's Lath Use Policy. The proposed rezoning is in contextwith the adjacent parcels and surrounding area which is a combination of light commercial, multi- and single family residential, and institutional users. The Proposed rezoning is compatible with used of Ne original zone in that the proposed area Is Intended for residemal. The request Includes developmental conditions that maintain vegetative buffers and restrict development such that future development will relate favorably to the existing adjacent resldentialuses. Bythe act of submlttingtms application for contract zoning, the Owner hereby acknowledges their intent W enter into a binding agreement with the City of Bangor for Ne Implementation and enforcement of the squads herein or, the mutually agreed upon conditions and restrictions resulting from this application. As such, we respectfully request Ne gaining of a Contract Zane Change, as proposed heroin, by the Bangor City Council. Thank you for you consideration of this matter. Very Truly Yo , Steven W. Ribble, ASLO Landscape Archttect/Planner