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HomeMy WebLinkAbout2007-09-10 07-297 ORDINANCEItem No, 07 297 gate: September 10, 2007 Item/Subject OMinanm, Amo ing land Development Code -Rezoning 739, 731, 735, 737,739, 793 and 759 Broadway and a Patton of a Parcel on Hillside Avenue from Contract Shopping and Personal Service District to Contract Shopping and Personal Service District Responsible Department: Planning Division Commentary: For Referral to Planning Board Meeting of Tuesday, September 18, 2007, 7:00 P.M. John Tozer, Laura Reidy, and Varnbro Corporation are requesting a contract zone change for parcels of land located a[ 729, 731, 735, 737, 739, and 759 Broadway and a portion of a parcel of land located on Hillside Avenue from Contract Shopping and Personal Service District to Contract Shopping and Personal Service District. The parcels comprise a land area of approximately 4.85 acres. /s/James D Rina Department Head Manager's Comments: -� S4 ^� q-1 77� -%h°�` ^..I �'1 s Oh tAa �+ ^ �oUCccW g/,{ ,' - r.LL.tr AJC r1a,n0 Llry Manager O Associated I rmation: ft, �wiPk&wu e0*&;t Budget Approval: Finance Director Legal Approval: CiSolidtor Introduced for _ Passage • Hrst Reading Page 1 of L X Referral to Planning Board Meeting of Tuesday, September 18, 2007, 7:00 p.m. p�•••qp.;,- 07-297 CITY OF BANGOR ED (TITLE.) Ordinance, Amending Land Development Code— Rezoning 729, 731, 735, 737-739, 743 and 759 Broadway and a Portion of a Parcel an Hillside Avenue from Contract Shopping and Personal Service District to Contract Shopping and Personal Service District. Be d onati by the Dry ofBangor, as fohons THAT the zoning boundary lines as established by the Zoning Map of the CM of Bangor dated October 2B, 1991, as amended, be hereby further amended as follows: By changing parcels of land located at 729, 731, 735, 737-739, 743 and 759 Broadway and a portion of a parcel of land located on Hillside Avenue (Tax Map No. R-41, Parcels 18, 19A, 19B, 19C, 19D, and a Portion of Lot 22A) from Contract Shopping and Personal Service District W Contract Shopping and Personal Service District.. Said parcels containing approximately 4.85 acres and being mare particularly indicated on are 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 tune is granted subject to one following conditions: 1. The use and/or operation of one subject premises shall be subject to the following limitations aWor restrictions: GENERAL RESTRICTIONS AS TO ALL LOTS (Tax Map R-01, Lots 18, 19A, 19B, 19C, 19D, 20 and 22A). A. The overall development of the subject property shall be subject to a maximum Impervious surface ratio rISRj of 0.65 and subject: W a maximum floor area ratio of 0.4. B. The commercial redevelopment shall be limited to no more than two (2) curb cuts onto Broadway, one of which shall be Principally located on Map R41, Lot 19D across Broadway from Husson Avenue so as W create a four way Intersection K Broadway and Husson Avenue, and one of which shall be located on Map R41, Lot 18. The ex¢ting Broadway access on Map R41, LM 19B shall be discontinued upon the construction of Me Broadway access to Map R41, Int 19D and access shall be from the newly constructed Bm cway access M Map R41, Lot 19D. The exis8ng use on Map R91, Lot 18 shall be allowed W maintain its driveway access until such time as R is redeveloped or expandetl for commercial uses, at which time any Broadway access W Map R41,Lot 18 shall be right -in right -out only. New Broadway access points shall be spaced no claser than two -hundred and forty (240) feet apart (center line to ttmMr line). The requirements of this Section 1(B) are conceptually illustrated for reference on Exhibit 1. C. The overall development may have access W Hillside Avenue but Mere shall be no direct straight - through taf8c from Hillside Avenue W Broadway, D. There shall be m retail fuel storage tanks or garage fadlides, and no fueling, sales, or serving of motor vehicles, on the subject property. E. There shall be no storage of goods or other materials for wholesale, and no warehouse building erected or maintained! on the subject property. F. There shall be no outdoor display or storage area of more than one percent (1%) of the gross floor area appurtenant to, but outside of any building on the subject property. G. Thee shall be no endorsed entertainment or recreation facility on the subject Property. H. An effective vegetative buffer, suffident to meet a minimum C-2 Buffer under Section 165 -IM of the Bangor Land Development Code, shall be established and maintained within the from yard of the subject property along Broadway, and along the side yard of the norCredy property line adjacent to the HIM zoning District I. Within the parking lot(s) on the subject property, a minimum of ten percent (30%) of the area within the exterlor boundary of the paved portion of the main parking lot for the site development shall be landscaped and planted with trees (minimum of one (1) bee per mn(10) spaces). Parting lots an the subject property shall be set back a minimum of twenty-five (25) feet firm the street lot line. SPECIFIC RESTRICTION AS TO that area within the Subject Premises commencing Two Hundred Fdry feet (2501 North of the property of Cole RA Bangor ME Boundary described in Penobscot Registry of Deeds In volume 9863, Page 10 to the northerly boundary of Map RAI, lot 18 all Be specifically described in the sketch attached as Exhibit A. This part of the Subject Promises is hereinafter referred to as the "Specific Restriction Area.'). 3. Within the Specific Restriction Area, there shall be no drive-thru windows or Internally Illuminated signage on the property. K. Within the Specific Restriction Area, all principal use structures on said Lot 18 shall be constructed wish (1) a roof form and pitrh cornpatibke with adjacent structures north of the subject property, and (2) exterior siding that is brick or masonry, wood siding, wood shingles, aluminum orvinyl siding simulating a dapboa d pattern or hardboard sing. 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 the recording of said executed agreement In the Penobscot County Registry of Deeds by the property owner, a ropy of said agreement being on file in the office of the City Clerk and incorporated heron by reference. In the event that said agreement is not so executed within ninety (90) days from the data of passage hereof, this Ordinance shall berome null and vold. IN CITY COD9CIL September 24, 2007 Ibtida Made and Seconded for Passage Notion Made and Seconded that Farrington has no Conflict Motion Passed Ilotfun Made end Seconded to I Post coo to October 10. 200T Poozoned law CLffi y W-291 O NDINANCS UME Amending Lamd Development, Code - Netonfng 1291 131, 135, 131, 13 7'. 143 ens 159 Broadway and a Portiea of a. Parcel so Billsie Avenue cuavd Rostma it Re¢srl[rCo 6 Shopping sad Personal Service District Anlwm<d to Co milar_� 07 134 ©w N DVS E� 'off; a G G R!;0 CP M 0 /.5 A HDFI I Aas. � r 24446 ® 3a` 9 S&PS CON` TACT„ TO SAPS CONTRACT 07 297 TO: THHCITYCOUNCILAND DATE Au2uat27, W07 THE PLANNINGBOARDOF BANGOR, MAINE NO: L Me John Tozer Laura Reidy and Varnbro Com 2. of 743 Broatlway,Banner, ME(207)9453656 antl 32 tank Short, Berger, ME (W)947-8637 Addax Cityar Post Office Telephone heabypoutton to amend the Lard Development code ofthe City of Danger, Maine by reclassifying Wm 58 P3 contract district to the S BPS pmo-epr-amendatl district for the Property otairuA in rel on the maps aftenhed heats, which no pan oftlsis application, a1M described as follows: 3. ADDEESSOFPROPERTY(ifany) 74,731, 736,739,743. 759 Broadway and ern of HWsNo` Avenue Use Rot tM 22A ToW Area Poorest Or stlumefire) Approximately 4.05 aeras 4. PROPERTY LOCATION(General lmsdon):Raample— South side of Rare Street 400 Yards. East of Pine Street NpN a Broadway noween Broadway and HilMde, directly across term Hudson Avenue 5. LEGAL DESCRIPTION OF PROPERTY —Aaaessoa Map No. Rat Panel S 10, 19A, 19B, 19C. 19D and 22A 6. EXISTING USB: reslden9al, chordal, calm and vamnt 7. PROPOSED USE- residential, dente) ol5ca, contend S B PS uses par RITIV05 Mass ange 8. NAME. AND ADDRESS OF OWNER OF RECORD: Names Same as applicants Addressee 9. NAMEANDADDRESSOPCONTRACTOWNHR(ifmch): WA 10. SIGNATURE OF OWNER OR CONTRACT OWNER: / 11. RHPRESHNTATIVE OF APPUCANf: Nome Richard Grande (ifapptimble) Address Otre Cumberland P1swa W4, Bangor, ME OM01 12, ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM & DUPLICATE TO PLANNING DIVISION CITY HALL BANGOR In Avolmafm fee Pimsdro Ad eN.rne'r' lold Zone Change (112 acre or less) $493.00 $340.0W $ 83300 Zone charge (in excess of Ii sue) $78900 $340.00* $1,129.00 Contract Lane Change $1,181.00 5424.00* $1,605.00 *Two Ada Raryircd PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE 07 297 For 739 Broadway 735 Broadway 731 Broadway T 9 Broadway 68 Hiliei A u By. Dale: Primed Neme: �a L Be J DWy Authorized officer John Tozer Ar Laura Reidy For 763 Broadway 959 Broadway Dere 8 Z9YY-I- JWn Tozer, lnO? G By. Law 2 D u Rewy.I divku 67 297 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: GENERAL RESTRICTIONS AS TO ALL LOTS (Tax Map R-41, Lots 18, 19A, 19B, 19C, 19D, 20 and 22A). A. The overall development of the subject property shall be subject to amaximum impervious surface ratio ("ISR") of 0.65 and subject to a maximum floor area ratio of 0.4. The commercial redevelopment shall be limited to no more than two (2) curb cuts onto Broadway, one of which may be located on Map R41, Lots 19A and 19D and one of which may be located on Map R41, Lots 18 and 198. Broadway access points shall be spaced no closer than two -hundred and forty (240) feet apart (center line to center line). Existing uses on Map R41, Lots 18 and 19B shall be allowed to maintain their driveway access until such time s they are redeveloped or expanded as commercial sees. C. The overall development may have access to Hillside Avenue but there shall be no direct straight -through traffic from Hillside Avenue to Broadway. D. There shall be no retail fuel storage tanks or garage facilities, and no fueling, Bales, or servicing of motor vehicles, on the subject property. E. There shall be no storage of goods or other materials for wholesale, and no warehouse building erected or maintained on the subject property. F. There shall be no outdoor display or storage area of more than one percent (1E) of the gross floor area appurtenant to, but outside of any building on the subject property. P7 2q7 G. There shall be no enclosed entertainment or recreation facility on the Subject property. H. An effective vegetative buffer, sufficient to meet minimum C-2 Buffer under Section 165-135 of the Bangor Land Development code, shall be established .and maintained within the front yard of the subject property along Broadway, and along the side yard of the northerly property line adjacent to the HER Zoning District. 1. Within the parking lots) on the subject property, minimum of ten percent (30%) of the area within the exterior boundary of the paved portion of .the main parking lot for the site development shall be landscaped and planted withtrees (minimum of e (1) tree per ten(10) spaces). Parking lots on the subject property shall be set back a minimum of twenty-five (25) feet from the street lot line. SPECIFIC RESTRICTION AS TO that area within the Subject Premises commencing Two HundredFifty feet (250') North. of the property of Cole RA Bangor ME Boundary described in Penobscot Registry of Deeds in Volume 9863, Page 10 to the northerly boundary of Map R-41, but 18 all specifically_ described in the sketch attached as Exhibit A. This part of. the Subject .Premises is hereinafter. referred to ws the -Specific Restriction Area."). J. Within the Specific Restriction Area, .there shall be no dri a-thru windows or internally Illuminated signage on the property. K. Within the Specific Restriction Area, all principal use structures on said Lot 15 shall be constructed with (1) a roof form and pitch compatible with adjacent structures north of the subject property, and (2) exterior siding that is brick or masonry, wood siding, wood shingles, aluminum or vinyl siding simulating a clapboard pattern or hardboard siding. 0-aq7 MEMORANDUM DATE: September 19, 2007 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending contract Zoning Ordinance Broadway Council Ordinance 07-297 Please be advised that the Planning Board at its meeting on September 18, 2007, held a Public Hearing on the above contract zone change request. Mr. Richard Cattelle representing Laura Reidy B John Tozer, explained that the proposed contract revision was intended to resolve changes in the development plan from a concept of one unified development project to the potential of two separate development projects. Mr. Cattlle noted as presently constituted the contract provisions that limit the site to one access to Broadway essentially gives veto authority over any Project to the other parry wdhin the development Planning Officer David Gould explained the Planning Of ca's Intent with the contract in 2005 was to allow the redevelopment of this property as a transition from the older style commercial development on the southern end of Broadway to the residential section of Broadway around Husson and Grandview Avenues. Those elements Included Increased buffers, internal parking lot landscaping, and architectural standards. The issue of access management was added to the contract as It fit with the development scheme at that time. Unfortunately, the parties involved have not been able to agree on the access arrangements and an alteration of the single access limitation would provide some flexibility as to how and when they deal with access. The revised contract Provides two key provisions; first it darifies that existing access driveways may remain in place until such time as they are redeveloped or expanded; and secondly, it provides that a second access may be developed accessing Broadway provided it is 240 feet from the first driveway. Mr. Gould distributed a summary of the changes between this contract and the original (attached). The Board discussed the length of the Broadway frontage available, the historic number of drives in this section and the potential to align a new driveway with Musson Avenue thereby creating an efficient four-way intersection. Chairman Guerette noted that while he was not a strong supporter of the original contract rezoning he did like the contract conditions dealing with access management and would hate to see that element lost. Member Rosenblatt indicated while the contract did not guarantee the applicants a second access, if developed separately the Planning Board would be in a very difficult posibon to deny them access to Broadway. In many instances the Planning Board has limited control in dealing with traffic and this change would not be in the best interest of managing traffic on Broadway. Member Theeman Indicated he believed it was best to deal with access management now (in the remniig process) rather than to defer to the time of Site Plan Review when the Board's leverage is less well defined. He recommended that the applicants should continue to work out an agreement to utilize one access to Broadway. Member Clark indicated that the proposal did not abandon access management going from five driveways to two and it seemed to be a reasonable compromise. The Board voted 1 in favor and 4 opposed to recommend the proposed contract revision as Indicated in Council Ordinance 07-297. Contract Zone Change under Council Ordinance No. 05-202 with revised changes under Council Ordinance No. 07-297 noted as additions are underlined and deletions are ====emamo. 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: OBNERAL RESTRICTIONS AS TO ALL LOTS (Tax Nap R-41, Lots 18, 19A, 198, 19C, 19D, 20 and a --tion of 22A). A. B. The overall development of the subject property shall be subject to a maximum impervious surface ratio (-'ISR^) of 0.65 and subject to a maximum floor area ratio of 0.4. C. The overall development may have access to Hillside x ue but Tthere shall be no direct straight -through traffic from Hillside Avenue to Broadway. D. There shall be no retail fuel storage tanks or garage facilities, and no fueling, sales, o servicing of motor vehicles, on the subject property. E. There shall be no storage of goods or other materials for wholesale, and no warehouse building erected or maintained on the subject property. B. There shall be no outdoor display or storage area of more than one percent (1&) of the groes floor area appurtenant to, but outside of any building on the subject property. O. There shall be no enclosed entertainment or recreation facility on the subject property. 0 7-a47 H. An effective vegetative buffer, sufficient to meet a minimum C-2 Buffer under Section 165-135 of the Bangor Land Development Code, shall he established and maintained within the front yard of the Subject property along Broadway, and along the side yard of the northerly property line adjacent to the }IDR zoning District. I. Within the parking lots/ on the subject property, a minimum of ten percent (10%) of the area within the exterior boundary of the paved portion of the main parking lot for the site development Shall be landscaped and planted with trees (minimum of one (1) tree per ten(10) spaces). Parking lots on the Subject property shall be set back a minimum of twenty-five (25) feet from the street lot line. SPECIFIC RESTRICTION AS TO that area within the Subject Premises commencing Two Hundred Fifty feet (2501) North of the property of Cole RA Bangor ME Boundary described in Penobscot Registry of Deeds in Volume 9863, Page 10 to the northerly boundary of Map R-41, Lot 18 all as specifically described in the sketch attached as Exhibit A. This part of the Subject Premises is hereinafter referred to as the "Specific Restriction Area."). S. Within the Specific Restriction Area, there shall be no drive-thru windows or internally Illuminated signage on the property. K. Within the Specific Restriction Area, all principal use structures on said Lot 18 Shall be constructed with (1) a roof form and pitch compatible with adjacent structures north of the subject property, and (2) exterior siding that in brick or masonry, wood siding, wood shingles, aluminum or vinyl siding simulating a clapboard pattern or hardboard Siding. ()7 297 G. There shall be no enclosed entertainment or recreation facility on the subject property. H. An effective vegetative buffer, sufficient to meet a minimum C-2 Buffer under Section 185-135 of the Bangor and Development Code, shall be established and maintained w8hln the front yard of the subject property along Broadway, and along the side yard of the northerly property line adjacent to me HDR Zoning Detroit. L Within the parking lots) on the wb)ect property, a minimum of ten percent (10%) of the area within the ex[enor boundary of the paved portion of the main parking lot for the site development shall be landscaped and planted with trees (minimum of one (1) time per mn(10) spaces). Parking lots on the subject property shall be set back a minimum of twenty-five (25) feet from the street la line. SPECIRC RESMMON AS TO that area within the Subject Premises commending Two Hundred Rfty feet (250) North of the property of Cole RA Bangor ME Boundary descrOed in Penobscot Registry of Deeds in Volume 9863, Page 10 m the northerly boundary of Map R41, tat 18 all as speci roily described In Me sketch attached as EMibR A. This part of Me Subject Premises Is heminafter referred to as the "Specific Restriction Area."). 3. Within the Specific Restriction Area, there shall be no drive-thru windows or moemally Nominated signage on the property. K. NAMin the Spedfic Restriction Area, all pdndpal use structures m said Lot 18 shall be constructed with (1) a roof four and pitch compatible with adjacent structures north of the subject property, and (2) entaft siding Mat Is brlW or masonry, wood siding, wood shingles, aluminum or vinyl siding simulating a clapboard pettish or hardboard siding. 2. Execution by those parties with an interest in Me affected property of an agreement providing for the implementation and enforcement of all the terms and conditions set forth above and Me 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 Qty Oerk and incorporated herein by reference. In the event that said agreement Is not w executed within ninety (9D) days from the date of passage hereof, this Ordinance shall become null and void. 07 247 ver "Signed to Cwnrllor Palmer septem6ei lo, 2007 CITY OF BANGOR TITLE.) Ordinance, Amending Land Development Cade — Rezoning 729, 731, 735, 737, 739, 743 and 759 Broadway and a portion of a Parcel on Hillside Avenue from Contract Shopping and Personal Service District to Contact Shopping and Personal Service District. Be kan/akxdby th City egargw, as lWim 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 fdlows: By changing panels of land located at 729, 731, 735, 737 739, 743 and 759 Broadway and a portion of a parcel of land looted on Hillside Avenue (Tax Map W. R41, Parcels 18, 19A, 19B, 19C, 19D, and a portion of Lot 22A) from Contract Shopping and Personal Service Dlsomt to Contract Shopping and Personal Service Distinct. Said parcels containing approximately 4.85 acres and being more particularly Indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER, THAT in addition W 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 W the following limitations and/or restrictions: GENERAL RESTRICTIONS AS TO ALL LOTS (Tax Map RAI, Lots 18, 19A, 19B, 19C, 19D, 20 and 22A). A. The overall development of the subject property shall be subject to a maximum impervious surface ratio ('ISR') of 0.65 and subject to a maximum floor area ratio of 0.4. B. The commercial redevelopment shall be limited to no more then two (2) curb outs ono Broadway, one of which may be located on Map R41, Lots 19A and 19D and one of which may be located on Map R41, Lots 18 and 19B. Broadway access points shall be spaced no doser than two -hundred and forty (240) feet apart (center line to center line). Existing uses on Map R41, Lots 18 and 198 shall be allowed W maintain their driveway access until such time as they are redeveloped or expanded As commercial uses. C. The overall development may have access W Hillside Avenue but there shall be no direct straight. through traffic from Hillside Avenue W Broadway, D. There shall be no retail fuel storage tanks or garage facilities, and no fueling, sales, of servicing of motor vehldes, on the subject property. E. There shall be no storage of goods or other materials for wholesale, and no warehouse building erected or maintained on the subject property. F. There shall be no outdoor display or storage area of more than one percent (1%) of the gross floor area appurtenant to, but outside of any building on the subject property. IP CITY CODgcn Septaober lo. 2007 First Beading a laferred to elm�ine Baas IB CITY COBBCII Septeaber 24. 2007 Xatloo !lade and Seconded for Passage Notion Nade and Seconded that Parriagt® has as Conflict MotionPassed notion Made and Seconded to Piss a to October 10. 2007 Pas= in un G 11. October 10. 2007 Moriw Bade and Seconded for Passage tatlw Bede and Seconded to lineal by Sulatitution Passed I Notion Bede and Seocuded fort Passage as Amended vote:, 9-0 Councilors vating Yes: Allen, Blanchette, D'8aico. Farrington. Bases, Gratvick, Cceene, Palmer L Stoue Couv Vora voting Bo: Noce Pass I CI1Y CLBMB g 0)-29) ORDID AM Cg I flez(PITT,Bng 729,73 iaud Develam9.E Code - 759 Biug )29.)31.]35, )3). )39.')63 E )59 HillsidBroadwae affi a Portiw lr c{Parcel Ou Billsdde Avewe from Contract Shopping Assigned to Councilor t l 1 I 1