HomeMy WebLinkAbout2008-10-15 08-330 ORDINANCECOUNCIL ACMON
Date: October 15, 2008 Item K% 08 330
Item/Subject: Ordinance, Amending land Development Code—Zone Change— 440 0450 Main Street
from Waterl Development DtsbSct to Urban Service District.
Responsible Departmend: Planning Mishm
For Referral to Planning Board Meeting of April 1, 2008, 7:00 p.m.
The applicant City of Bangor, Is requesting a zone change from Waterfront Development District m Urban
Service District for .16 acres of land located at 990 and 450 Main Street.
&Z James D. Rina
Deparhnent Mead
Manager's Commends:
This is the small parcel M property proposed W be transferred to tittle WooQ LLC as an addition to their
parcel on Main Street on which a Tim Her[m's has been proposed.
4� wt i 0 N.4pYMIY rcRO DO�.(AYd-C ��
U9 Ager
Assouahid Information: owl p�Ql4I.1i1Nr'r amo
Budget
Finance Director
SdicRor
Ddmduaed for
Passage
_lL First Reading Page i &.L_
i Referral In Planning Board Meeting of November 4, 2008
09 330
Acsdymed to Councilor Palmer October 15. 2008
CITY OF BANGOR
(TITLE.) Ordinance, Amending Land Development Code — Zone Change at 440 and 450 Main Street
from Waterfront Development District to Urban Service District.
Be it on"ned by the Oty of Bangor, as follo ar-
THAT the inning boundary lines as established by the Zoning Map of the City of Bangor dated October
28, 1991, as amended, be hereby ha her amended as follows;
By changing a parcel of land located at 940 and 450 Main Street Tor0on of Tar Map No. 43 Parcel No.
40) from Waterfront Development DisMct to Urban Service DisM said parcel containing
approximately .16 acres and! being more porticulady a dicated on the map attached hereto and made a
part hereof.
man a®ai.
October 15. 2008
nrst'Needing
Ref ed Co the Planning
ge arpf�e Plate
crY c +ate
m axY C009L'tl.
November 10. 2008
gaJue Mede and Seconded
for Passage
vote: 9-0
Councilors Voting Yes: Blanchette.
Brovsav, D'errico. Gratnick. "wes.
dealley. Palmer. Stone d Wheeler
Coo#Uors Voting 9o: pone
Pao#ed
aTY CLSRB
R Og au
lozonve Change
C haamut q6 + n M+ r n
nge at 0 and
450 650 lmiv Street
D etci t
to lltbsv Service District
AYipW mCouoel��lotsslnn�{�t
TO:
1.
2
APPLICATION FOR LAND DEVELOPMENT CODE AND
THE CITY COUNCIL AND DATE
THE PLANNING BOARD OF BANGOR, MAINE: NO.
I(WE) C tv ofn
of
08 330
9/1/08
LkPAMENDMENT
Mtoprfg
Address City or Post Office
- Telephone
Processing
hereby petition to amend the Land Development
Code of the City of
Bangor, Maine by reclassifying from Waterfront Development Dist. (WDD)
zone Change (1/2 acre
district to the
district for the
$ 859.00
Property outlined in sed on t e maps a ached
hereto, which are
of 1/2 acre) $813.00
part Of this application, and described as follows:
3.
ADDRESS OF PROPERTY (if any)in
Contract Zone Change
$1,217.00
Total Area (acres or square eeq 7 4Ma R FT.
Fete-
4.
PROPERTY LOCATION (General location): Example
- South l side of
State Street 400 yards. East of Pine Street
-
S.
LEGAL DESCRIPTION OF PROPERTY - Assessors Map
No.y� Parcel 4n ,,,,,tion
6.
EXISTING USE;_ a,gnt
7.
PROPOSED USE:'
8.
NAME AND ADDRESS OF OWNER OF RECORD: Name_
9. NAME AND ADDRESS OF CONTRACT OWNER (if such):
10. SIGNATURE OF OWNER OR CONTRACT ORNERY
11. REPRESENTATIVE OF APPLICANT: Name
(if applicable)
12. ATTACH ANY CONDITIONS PROPOSED POR A CONTRACT ZONE REQUEST
RETURN FORM A DUPLI pLANNI
B
Application fee
Processing
Advertisihn
Total
zone Change (1/2 acre
or less) $508.00
$351.00*
$ 859.00
Zone Change (in excess
of 1/2 acre) $813.00
$351.00*
$1,164.00
Contract Zone Change
$1,217.00
$437.00*
$1,654.00
*Two Ads Required
PLEASE READ
PROCESSING PROCEDURE ON
REVERSE SIDE
® WDD TO USD
qR 330.
s`•
Ii
MEMORANDUM
DATE:
November 5, 2008
TO:
The Honorable City Council
FROM:
David G. Gould, Planning Officer
SUBJECT:
Amending Zoning Ordinance
440-450 Main Street
Council Ordinance 08-330
Please be advised that the Planning Board at its meeting on November 4, 2008,
held a Public Hearing on the above zone change request.
Rod McKay, Director of Community and Economic Development, indicated that a small
portion of City waterfront property was being sold to Little Woods Island, LLC, because
of the limited site depth. The additional property will allow the construction of a
retaining wall along the rear of the property. He explained that the proposed rezoning
was necessary to facilitate the unified redevelopment of this site. Mr. McKay further
noted the Council has approved the creation of a development agreement, but has not
drafted one as of yet. All various City approvals must be in place before the City will
transfer the title of this land to Little Woods Island, LLC.
Mr. Viral Applebee PE representing Little Woods Island LLC indicated they had
requested a sloped portion of City property to help facilitate redevelopment of their site
that is somewhat constricted by its narrow depth. Mr. Applebee noted that the
additional space would allow them to better define the sidewalk along Main Street,
control access and egress through the reduction in the number of curb cuts on Main
Street, reduce the amount of impervious surface, add landscaping throughout the site
and allow Little Woods Island to square off a rather oddly shaped parcel.
Attorney Chris Largay representing Sleeper and Thareja indicated they were in support
of the proposed rezoning, as his client wished to pursue the same arrangement with the
City and construct a retaining wall on waterfront property to expand their adjacent site.
Planning 0(ficer David Gould indicated the property in question was identified in the
Comprehensive Plan as commercial land use but the Zoning Policy was for Waterfront
Development District not Urban Service District Mr. Gould noted that the construction
of a retaining wall did not require rezoning, but the drive in restaurant use was
specifically not allowed In the Waterfront District and necessitated remning.
Mr. Gould noted that the City's development agreement may resolve some of the
Inconsistencies between the City's development policies for the waterfront and a
proposed drive thm restaurant use.
The Planning Board members expressed some concent as to whether the Council
would be able to reconcile the drive mru restaurant with the waterfront development
standards and that additional waterfront property would not be meed inconsistent with
the City's land use policy.
Based on the limited area involved and the protections offered by a City
development agreement the Planning Board voted Five In favor and none opposed to
recommend the City Council adopt the Proposed retuning at 490-450 Main Street C.O.
0&330.