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Home My WebLink About2006-12-11 07-038 ORDINANCEDere: December uItem No,, zoo6 07 038 Item/Subject: Ordinance, Amending Land Development Code — Contract Zone Charge -913 Broadway tom Lmv Density Residentlal Chard and Government and Institutional Senrce District to Contract Government and Institutional Service District, Responsible Department: Planning Division Commentary: For Referral to Planning Board Meeting of Tuesday December 19, 2006, 7:00 P.M. Atlantic Investments, Inc. is requesting a contract zone change for a parcel of hand located at 913 Broadway and containing approximately 2.13 acres from Low Density Residential District and Government and Institutional SeKa District to Contract Government and Institutional Service DistrCt /s/ lames D Rina Department Head Manager's Comb: `fe �Ib POD B y . ttk 774 t /dOWwwrt u� M1 ' �{M ND DY S=o0• 6uia. �u.g.tarwv. CltyManager Associated Information: Map, application, R bow. 0a4 0 � I Finance Director Legal Approval: Iidmr Passage X First Reading Page l9fL X Referral m Planning Board Meeting of Tuesday, December 19, 20061 7:00 p.m. 37 038 Ascigoed Co Cxmcilor Palmer December 11. 2006 CITY OF BANGOR (TITLE.) Ordinance, Amending land Development Code- Conhxct Zone Change -913 Broadway from Low Density Residential District and Government and Institutional Service District to Contract Govemment and Institutional SerNce DisMct. Be Radafnedbythe C lyofBangor, as!➢nom: 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 follows: By changing a parcel of lard located at 913 Broadway (Tax Map No. R401 Parcel No. 9) from Low Density Residential District and Government and Institutional Service Dishrict to Contract Government and Institutional Service Dismct. Said parcel containing approidmately 2.13 acres and being more particularly indicated on the 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 zone Is granted subject to the following conditions: 1. The use and/or opemdon of the subject premises shall be subject to the following limitations and/or restrictions: A. Access to the subject premises shall utilize access onto Hobart Street as the principal access, construction of any structures on the subject premises in excess of 4,500 square feet shall result in access onto Broadway being limited. 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 sot forth above and the recording of said executed agreement in the Penobscot County Registry of Deeds by the property owner, a copy of said agreement being on Bk In the office of the City Clerk and Incorporated herein by reference. In the event that said agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. 1N an m m becaber 11. 2006 First Reading & Referral Z; 3vg Boaid CLRB[ IN CITY COUNCIL December 27. 2006 Notion !lade and Seconded for Passage Ratios Nade and Seconded to dared by Substitution Passed motion Made and Seconded for Passage as Aveaded Passed TY am lTpigd gmemdlug I.and Development Code - Contract Zone Change - 913 Mroafro, Lw Mosi[v Residential Die[xlet and Goverment avd InatiLUif. ma Service O tract to Contract Goveru¢emt and InstiNtional Service District I f!nri 37 038 LDR & 41 -SD T4 G&ISD WWW CONTRACT' 1 6911$ i SEE CS' IA ?o' o C LDR . a& is ` 14 a <-✓ R S 41-5 07 038 7/1/06 N FOR LAND DEV E E TO: THE CITY COUNCIL AND DATE Nonmember ] 20E6 THE PLANNING B02RD OF BANGOR, MAINE: NO. 1. I(WE) Atlantic TL,dmt3NdMA, Tom - - 2, of 32 Oak St., P.O. IDX 2160. E9h,pr, ME 04402 Address City or Post Office Telephone hereby petition to amend the "no Development Code of the City of Bangor, Maine by reclassifyinG f Irw Density 9sidenti� district to the Goe'reerent a ficsti[utiowl Servvwsryistrict for the "SWT T 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) 913 Bray, »90r, Y 'ne Total Area (acres 0r square feet) 2.13 ac. 4. PROPERTY LOCATION (General location): Example - South side of E state as�v wide of[ 40_ 0, East of Decant Pine St. 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. PAO Parcel 9 6. EXISTING USE: Vacant 7. PROPOSED USE: H dacal gffate 8. NAME ANO ADDRESS OF OWNER OF RECORD: Name Atiamoo Avastnmtc. pat' Address P.O. Box 2160, Bangor, ME 04402 9. NAME AND ADDRESS OF CONTRACT OWNER (if suj1c�h(�)):� ��/ 10. SIGNATURE OF OWNER OR CONTRACT OWNER: R I'I'./'/-.J �L&r 11. REPRESENTATIVE OF APPLICANT: Name P. Mdrd Hamil! , Exl. (if applicable) Faten Peabody Address P.O. Sea 1210 Nin9in, ME 04402 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. "91A' ATTACH RETURN FORM & DUPLICATE TO PLANNING DIVISION CITY HALL, BANGOR,M . Application fee Processing Advertising Total Zone Change (1/2 acre or less) $479.00 $330.DO- $ 809.00 Zone Change (in excess of 1/2 acre) $766.00 $330.00' $1,096.00 _ Contract Zone Change$1,146.00 $411.00' $1,551.00 07 038 PROPOSED CONTRACT ZONE CHANGE CONDITION FOR 913 BROADWAY The operation of the subject premises shall be subject to the following limitations and/or esblctlons: I. Access W the subject premises shall utilize access onto Hobart Street as the printlpal access, construction of any str # res on the subject premises in excess of 4,500 square feet shall result In access onto Bwdway being limited. MEMORANDUM DATE: December 20, 2006 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 913 Broadway Council Ordinance 07-38 Please be advised that the Planning Board at its regularly scheduled meeting on December 19, 2006, held a Public Heading on the above zone change request. Mr. P. Andrew Hamilton, Esq. represented the applicant, Atlantic Investments. Attorney Hamilton reviewed the history of this property and a previous remning for office use. He told the Board he agreed with the City Engineer and Planning Officer that access management was a worthy goal for this project. While the applicant could have requested a rezoning of just the rear portion of the parcel they have made application to add an operational condition to the entire parcel. There were no opponents to the rezoning request. Planning Officer David Gould indicated that the proposed request was consistent with the Comprehensive Plan and land use polio of the City. While a straight zone change request would be deemed consistent, the contract conditions will reinforce the City's ability to limit any new principle access onto Broadway at this location. Several Board members expressed concern that the proposed contract condition did not provide an absolute restriction from access to Broadway. Mr. Gould and Attorney Hamilton both noted that they had worked on several versions of the contract condition understanding that the applicant would like as much leeway as possible and the City would like a very dear limitation. Mr. Gould noted that the floor area standard would allow a small, low volume project to consider direct access to Broadway. Given the Board's concern, Attorney Hamilton proposed to change the language of the proposed condition to substitute the word "prohibited" for the word "limited" in the last sentence of the condition. With that amendment the Planning Board voted unanimously to recommend the adoption of the proposed contract rezoning, as amended, to the City Council as indicated In Council Ordinance 07-38 (As Amended). As to the original ordinance, the Planning Board voted unanimously not to recommend. 09-39 -•' YA fAs A naea) CITY OF BANGOR (TITLE.) Ordinance,Amending land Development Code - Conrad Zone Change - 913 Broadway from Low Nneity Residential District and Government and Institutional Service District W Contract Government and Institutional B oa District. 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 follows: By changing a parcel of land located at 913 Broadway (Tax Map No. R-40, Parcel No. 9) from Low Density Residential District and Government and Institutional Service Distract to Contract Governmentand Irstitutiomi Service District Said parcel containing approximately 2.13 acres and being more particularly Indicated on the 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 zone is granted wbject to the following conditions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions; A. Access to the subject premises shall utilize access onto Hobart Street as the principal access, construction of any structures on the subject Premises In excess of 4,500 square feet shall result In access onto Broadway being timi[eA 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 mid executed agreement in the Penobscot County Registry of Deeds by the property owner, a copy of mid agreement being on file in the office of the City Cleric and incorporated herein by reference. In the event that said agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void.