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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.