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Home My WebLink About2007-01-08 07-058 ORDINANCEDnte: January 8, 200] ILamMq 07 058 Item/Subject Ordinance, Amending land DevelopmentCode — Zone change -53 Davis Road from Rural Residence and Agricultural Distdc[ to Law Density Residential District. Responsible Department: Planning Division Commentary: For Referral W Planning Board Meadog of January 16, 2 7,1:00 p.m. The applicant, Green Tree Servicing, LLC, is requesting a zone changefmm Rural Residence and Agricultural DisoiRto Low Density Residential District Para parcel of land containing appm'dmately.687 acres located a 53 Davis Road. /s/ lames D. Rim Department Head Managar's Comments: -N l f f� a l rr .i els ,City Manager associated Information: Map, application. Wi, „ & y pAeWJ2 a . Rmnce Director C Zliciw Passage X First Reading Pagelof_L_ X_ Referral to Planning Board Meeting cf January 16, 2007 07 058 Assigned to �ilur Palmer San� e. 2007 CITY OF BANGOR (TITLE.) Ordinance, Amending Land! Development Cade— Zone Change 53 Davis Road from Rural Residence and Agricultural District to Low Density Residential District. Be k orda5oadby Bre Cry ofMngw,, as&kw.- TNAT 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 53 Davis Road (Tax Map No. R-21, Parcel No. 31A) from Rural Residence and Agricultural District to boar Density Residential District Said parcel containing approximately bel acres and being more parliculady Indicated on the map attached hereto and made a part hereof. IN CITY CWOLRL January 8, 2007 Fires "fug a" referred to t e'rlaaofog Board CLBBB / IN CITY -COUNCIL. JANUARY 22, 2607 MOTION MADE AND SECONDED. FOR PASSAGE VOTE: 9-0 CODNCILORS VOTING YES: ALLEN, BLANCHETTE. D'ERRICO, FARRINGTON, GRATNICK. GREENE.NAWES. PALMER a RTUNE. COUNCILORS VOTING NO: NONE PASSED I CITI-CLEAN ! 0Y-058 ORDINANCE ffmuj Amenai Iona ravelo c code - Zane CBaoge 53 Oavie Good from Rural Reaidevice and Agricultural District t0 Low Dr-oicy Residential District Awipvd to Counclur ✓VI Euk 'c WN 07 058 07 058 7/1/06 :1]9w(a:4w4111Y1�wga t•na+ddl9u)1`uiY13A•:1�• v .1TADIJd" TO: THE CITY COUNCIL AND DATE nanamhAr 14 2nn6 THE PLANNING BOARD OF BANGOR, NAINE7 NO. EF 2. of Three Executive Park Drive, RMfnra, NH 0111A Address city or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Raine by reclassifying from rural residential, and agricultural district to the now Density Resident:.\ district for the 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) Total Area (acres or square feet) ey a 68ya 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yarM1d8.{�East of Pine Street S. LEGAL DESCRIPTIONN(�FrtP &VEE-PovA&RTors Nap No. P71 Parcel3j 6. MISTING 7. PROPOSED S. NAME AND ADDRESS OF OWNER OF RECORD: Name Green Txee Servicing. LLC 3 Executive Park Dr. Address Redfnnd 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): > ! y- 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name Rni re wv y z4c (if applicable) P.O. Box 1575 t Address Na ole a. my nE055 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORK 6 DUPLICATE TO PLANNING DNISION. CITY HALL, RANCOR. M. Application fee Pr Sggggina Advertising Total Zone Change (1/2 acre or less) $479.00 $330.00* $ 809.00 t ,� Zone Change (in excess of 1/2 acre) $766.00 $330.00* $1,096.00\ Contract Zone Change $1,146.00 $411.00* $1,557.00 *Two Ads Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE � � 7 MEMORANDUM DATE: January 17, 2007 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 53 Davis Road Council Ordinance 07-58 Please be advised that the Planning Board at its regularly scheduled meeting on January 16, 2007, held a Public Hearing on the above zone change request. Mr. Robert Neault, Esquire representing Green Tree Servicing LLC, indicated that his client would request that the property located at 53 Days Road be rezoned to be consistent with the adjacent properties in a Low Density Residential District. Attorney Neault indicated that the placement and permitting of this mobile home was done some years prior to his clients involvement. It was not until 2002 that it was discovered that the structure was in the wrong location and in violation of the O ys development codes. David Gould, Planning Officer, explained that the history of the adjacent LDR Contract Zone and subdivision that is helpful to understand what apparently took place on this property. The mining and subdivision were started in the late 1980's. After numerous revisions several lots along Davis and Finson Roads were created that would allow manufactured housing in a duster style development. At some point a structure was mistakenly placed in the wrong location that. was not part of the subdivision and not In the Low Density Residential District, but adjacent to It. It was a number of years later that the error was uncovered. Mr. Gould noted It was discussed whether the property could be Included in the same contract zone as the adjacent development. He noted that the lot was not part of that development and the contract provisions would provide no real benerit to the City. Fortunately, the Comprehensive Plan and Zoning Policy support Low Density Residential in this location so consistency with the Comprehensive Plan is not an issue. The Board discussed whether the proposed rezoning would correct the existing nonconformides of the lot other possible remedies, and why the permitting system and various checks and due diligence work did not uncover this error very early on. Mr. Gould noted that the parcel would still not meet the standards of the LDR District, but the real question before the Board is one of appropriate land use policy. The property Is served by both public sewer and water and is within the area the Comprehensive Plans envisions developing as low density residential. The compliance problems are Issues that the applicant will have to resolve with other departments of the City. Being consistent with the City's Land Use and Zoning Policy, the Planning Board voted unanimously to recommend that the City Council pass C. O. 07-58, at 53 Davis Road from Rural Residence and Agricultural District to Low Density Residential District.