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HomeMy WebLinkAbout2007-03-26 07-129 ORDINANCEItem No, Date: March 26, 2007 07 129 Item/Subjrxf Drdiname, Amending Land Development Code- Contract Zane Change -463 Stillwater Avenue -- from Low Density Residential District to Contra[[ Slopping and Personal Service District. Responsible Departrnalt: Planning Dhislon Grant Trailer Sales, Inc. is requesting a contract zone change far a parcel of land containing approximately 9.42 acres located at 463 Stillwater Avenue from Low Density Residential District to Contract Shopping and Personal Service District. Associated Information: Budget Approval: Finance Director Passage , X Mrst Reading Page I ofd _Z_ Refemal W Planning Board Meeting of Wednesday, April 4, 2007, 7:00 p.m. [firmno] Assigned to Councilor stone March 26. 2007 CITY OF BANGOR (TITLE.) Ordinance, Amending land Development Cade- Contract Zone Change - 463 Stillwater Avenue -- from Low Density Residential District to Contract Shopping and Personal Stroke District. Be d onAdnedby the CII)' of&rgar, as SN/owr 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 463 SBllwater Avenue (Tax Map No. R-55, Parcel No. 13) from Low Density Residential District to Shopping and Personal Service District' said parcel containing approximately 9.42 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 Mange of zone is granted subject to the following condrdons: 1. The use and/or operation of the subject premises shall be subject W the following limdatiore and/or restrictions: GENERAL RESTRICTIONS AS TO THE ENTIRE SUBJECT PARCEL. (Tax Map R55, Lot 13) A. There shall be rro warehousing on the subject parcel. B. There shall be no servicing of motor vehicles on the subject parcel, unless accessory to a retail operation. C. There shall be no auto, truck, or heavy equipment sales on the subject parcel. D. There shall be no enclosed recreation Centers for profit on the subject parcel. E. Any external speakers shall be configured so as to minimize noise audible beyond the boundaries of the subject parcel. F. The subject parcel shall be designed, constructed, and operated to facilitate access by foot, bicycle, public transit, and handicapped persons. Design features to facilitate such access shall include: TD CITY COUNCIL March 26. 2007 Referral to IN CITY COUNCIL April 9. 2007 Motion Made and Seconded far Passage Motion Made and Seconded to Amend by Substitution Passed Motion Made and Seconded for Passage As Amended Vote: 6-0 Councilors voting yes: Allen O'Brrico. Farrington, Grateick, Greene. Bases. Palm, d Stone Councilors voting No: None Co ilor Absents Blanchette P d ,— mulgxg- # 07-129 aRD T NA NCR g,� Aoe�ud'ng fond Development - Contra:\. range - S6TSTiIluafer Dawe - from. law Density geaidential District to Cwtra/, Sboppmng and erswa Service rs rict _ 07-129 AMKIMEO �i. CITY OF BANGOR (III LE.) Ordinance, Amending rand Development Code —Contract Zone Change —463 Shclwahv Avenue -- from Low Density Residental District to Contract Shopping and Personal Service District. Be it odaviedby fee City ofBansmr, as f%# wc- 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 463 Stillwater Avenue (Tax Map No. R-55, Parcel No, 13) from Low Density Residential District to Shopping and Personal Service District, said parcel Containing approximately 9.42 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 CM of Bangor, sated change of zone is granted subject to the following conditions: 1. The use and/or operation of the subject premises shall be subject to the following - limitationsand/ornestrictions: GENERAL RESTRICTIONS AS TO THE ENTIRE SUBIECT PARCEL CTax Map R55, Lot 13). a. There shall be no warehousing on the subject pencej. b. Them shall be no servicing of motor vehicles on the subject parcel, unless accessory to a retail operation. c. There shall be no auto, truck, or heavy equipment sales on the subject parcel, d. There shall be no enclosed recreation centers for profit on the subject parcel. e. Any a real speakers Sell be configured so as to minimize noise audible beyond the boundaries of the subject parcel. f. The subject parcel shall be designed, constructed and operated to facilitate access by foot, bicycle, public transit, and handicapped persons. Design features to facilitate such access shall indude: L. Sidewalks installed and maintained from the intersection of the access drive at Stillwater Avenue m the interior portions of the subject parcel; ii. A public transit shelter to be sited in coordination with BAT Community Connector, the regional public transportation agency; and iii. A bicycle rade. g. The subject parcel shall have vegetative plantings in the parking area. h. The overall developmente s b'ect property shall be subiect to a maximum impervious IS of 0.65 and sun'cct to a maodinum flQgr area ratio of 0.3. i. There shall only be one 1 cud= onto Stillwater Avenue to grovide access the subfect property. I banks or garacrefacildlesand Do fueling, I r rwglnq of motor WhKles, on the subject property. k, lhgm shall be no more than three 3) principal use structuresthe sublect property with an aggregate floor for all such structures not to exceed 72,500 smare feet. The floor am of the largest of the structures shall not exceed 60.000 square feet. SPKIFIC RESTRICTION AS TO that area within the subject parcel: (please see Attachment 1). I. No principal use structures and no accessory use structures (except those consistent with this Condition), shall be located within the Specific Restriction Area (desmhed in Attachment 1); provided however, that the Specifc Restriction Area may be used as part of a system by which excess srormwater run-off from the subject parcel may be managed and for open space consistent with preservation of the Specific Restriction Area in a substantially undeveloped state. Any use of the Specific Restriction Area for excess stonriwater run-off shall be in full compliance with all applicable standards for such function. 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 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 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. AMON Date: March 260 2007 Item/SubW1: Ordnance, Amending land Development Code—Contract Zone Change— 463 Stillwater Avenue --from Low Density Residential Disirict to Contract Shopping and Personal Service PissiQ Responsible DeparimmAn Planning Division Commentary: Grant Trailer Sales, Inc. is requesting a contract zone change for a parcel of land containing approximately 9.42 acres located at 463 Stillwater Avenue from Low Density Residential District W Contract Shopping and Personal Service District. Manager's Comments:— D___n G(_' /a/ lames D. Rina Department Head Finance Director City Solictor Passage X Fimt Rea ling Page 1 of I i Referral W Planning Board Me¢tlng of Wednesday, ApHI4, 200), 7:00 p.m. Aeaignea to councilor stone 07-129 CITY OF BANGOR (TTLE.) Ordinance, Amending Land Development Cade - Contract Zone Change - 463 Stillwater Avenue - from Low Density Residential District to Contract Shopping and Personal Service District Be Rordalrred by ate 02y ofBafgor, as fohba 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 charging a parcel of land looted at 463 Stillwater Avenue (Tax Map No. R-55, Parcel No. 13) from Low Density Residemlal District to Shopping and Personal Service District, said parcel containing approximately 9.42 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 Mange of zone is granted subject to the followkg conditions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: GENERAL RESTRICTIONS AS TO THE ENTIRE SUBJECT PARCEL. (Tax Map R55, Lot 13) A. There shall be no warehousing on the subject parcel. B. There shall be no servicing of motor vehicles on the subject parcel, unless accessory to a retail operation. C. There shall be no auto, truck, or heavy equipment sales on the subject parcel. D. There shall be no enclosed recreation centers for profit on the subject parcel. E. Any external speakers shall be configured so as to minimize now audible beyond the boundaries of the subject Rental. F. The subject parcel shall be designed, constructed, and operated to facilitate access by foot, bicycle, public transit, and handicapped persons. Design features to facilitate such access shall include: 0]-129 1) Sidewalks installed and maintained from the Intersection of the access drive at Stillwater Avenue to the interior portions of the subject parcel; 2) A public transit shelter to be sited in coordination with BAT Community Connector, the regional public bansportabor agency; and 3) A bicycle Rick G. The subject parcel shall have vegetative plantings in the parking area. SPECIFIC RESTRICTION AS TO A PORTION OF THE SUBJECT PARCEL DECRIBED IN Attachment 1). H. No principal use structures and no acoessory use structures (except those Consistent with this Condition), shall be located within the Specific Restriction Area (described in Attachment 1); provided however, that the Specific Restriction Area may be used as part of a system by which excess stormwato run-off from the subject parcel may be managed and for open space consistent with preservation of the Specific Restriction Area in a substantially undeveloped state. Any use of the Specific Restriction Area for excess stormwater run-off shall be in full compliance with all applicable standards for such function. 2. Eteation 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 said agreement being on file 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 vold. ra; 07 129 ULDR TO c&Dc .CANTRACT W . RS 62-1 S&P '�J 4 S&PS `_ S& 07 129 1) Sidewalks Installed and maintained from the intersection of the access drive at Stillwater Avenue to the interior portions of the subject parcel; 2) A public transit shelter to be sited in coordination with BAT Community Connector, the regional public transportation agency; and 3) A bicycle rack. G. The subject parcel shall have vegetative plantings in the parking area. SPECIFIC RESTRIMON AS TO A PORTION OF THE SUBJECT PARCEL DECRIBED IN Attachment 1). H. No principal use structures and no accessory use structures (except those consistent with this Condition), shall be located within the Specific Restriction Area (described In Attachment 1); provided however, that the Specific Remiction Area may be used as part of a system by which excess stomwater run-off from the subject parcel may be managed and for open space consistent with preservation of the Specific Restriction Area in a substantially undeveloped state. Any use of the Specific Restriction Area for excess stormwater run-off shall be in full compliance with all applicable standards for such funNon. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation andenforcement 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 copy of said agreement being on file in the office of the City Clerk and incorporated herein by reference. In the event that mid agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. An.dhmeml 07 129 Pepoud Des Coated Specific Restriction Area CerAve Zone Chmge Stillwater Avenue, Bangor, Meme A certain parcel of load located on the southeast aide of Stillwater Avenue, Bangor, Penobscot Cmmty, Maine, bounded and de bed as follows: BEDA G at the wtasedde m the soothesat sideline of Stillwater Aveuue and the nor@wed sideline of Saterstam 95, also being d the diddly cornd of land shwa On a preliminary ptus entitled, "ALTAVACSM Land Title Survey - Land m Grant Trailer Seld , Inc." prepared by Shyka, Sheppard & Garsla Land Su v of a and dated 3armary 31,2007; =CB North thirty-one degees f minutes tea seconds Pat (N31°04'10"13) along said southeast side of St Ilwatar Avenue, as shown to part on a plan m6ded'5too of Mauve Depmtrn nt of 11®spaidd on Right of way Map - State Aid Highway 19", DOT File No. 10-263, dated Savuasy,1981, and recoMei in the Penobscot County Registry of Deeds, PHa Files D122-83 & 84, duet bundred seventy-five and za9 Hundredths (305-O0)feet; d CE SouN fitly -eight degrees fifty-five dodges fifty saonds East (858055'50"E) two hundred forty-dngdd and flurry -one hundredths (248.31) feet to a pond on &a nolNwdt side oflnbastafe 95 (I-95) as shown on a plan entlded "Maine State Biglyway Commission Rigdit of Way Map Sigh Highway'95', Pedasl Aid Pejmt I-95-SrIM' SHC Pile No. 10-113, dafal Daeembu, 1958, dad receded us the Penobscot County Registry of Deeds, Plan Book 21, Page 64, said point being South sixty-four degrees tgrty-four minutes fifty-seconds West (S640U'5O`V) of and forty-two and dgty-eight bumbedtle (42.38) fee[ fora a conudebighway mons n ant found on saidnoctbwest side aI-95 two hundred (20(0) feet left of Station 310+00 as sbown on said plan; THENCE SomH silty -four degrees tout, -four minuses fifyrettonds West (S64034'50 R0 slang said noMweat side of I-95 as shown on said 1958 highway plan fan hundred forty-nme and dowdy six hundreddis (449.16) fed 0 the ls() T OF BEGINNING. Containing L069 aces Meaning and intending to describe the lead described in a deed from ALPAB, Inc. to Queen City Mobile Home Park, he. dated May 9, 1968, and rxedcd ins 3 Registry Book 2130, Page 374 and in a deetl Gum Pore t H. Grant and Iudsm M. Gr Sr. w Quem City Mobile Home Pak Inc. dated August 1, 1966 and receded is said Registry in Book 2098, Page 6. TbiS deccripEm was Prepared by Shyka, Sheppard & Boydd, ladd Smveyes, and is based on a webaonary Plan emftled, "ALTA/ACSM Land kltle Suvey-Land of Comt Trailer Sola, lne." prepared by Shyka,Sheppard& Garsta land Smveyora and dated Mareh 31, 2005. Beamgs ref ce find NOM (NAD21, MV Oe East Zone) basad on that plan. v.ium.n-r�mm=a�n.mc APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT 07 129 1V: THE CITY COUNCIL DATE March 12, 2007 THE PLANNING BOARD OF BANGOR, MAINE: NO. 1. I (We) Grant Trailer Sales, Inc. 2. of 1110 Broaduay, Bangor ME 04401 (207) 942-9436 Address City or Post Office Telephone Hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from Low Density Residential (LDR) district to the Shopping E Personal Service (SPS) 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) 463 Stillwater Avenue Total Area (acres or square feet) 9.42 acres 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. Southerly aide of Stillwater Avenue 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. R55 Parcel 013 6. EXISTING USE: Vacant Land 7. PROPOSED USE: See limitations on Permitted and Conditional Uses by applicationf OperatIO1 a SSCe Develo ment Resiricelons Attached as Exhibit A. S. NAME AND ADDRESS OF OWNER OF RECORD: Name Same as applicant Address Same as applicant 9. NAME AND ADDRESS OF CONTRACT ONNER (if U hN/A 10. SIGNATURE OF OWNER OR CONTRACT OWNER: '/ (�(/ d 11. REPRESENTATIVE OF APPLICANT: Name P Andrew Hamilton Es4� (i£ applicable) Address P.O. 80X 1210 Sang L ME 04402 12. ATTACH ANY CONDITIONS FOR A CONTRACT ZONE RE4UEST. RETURN FORM F DUPLICATE TO PLANNING DIVISION, CITY EALL, BANGOR, ME. Application fee Processing Advert. Total Zone change (M acre or less) $479.00 - $330.00* $009.00 Zone Change (in excess of % acre) $766.00 $330.00* $1,096.00 Contract Zone Change $1,146.00 $411.00* $1,557.00 07 129 AMIl �r,I Use and Operation L' htkms and Restrictions 1. The uw and/or opemfion of the subry' parcel shall be subjectto the following limitafions and/orrzstricticros: GENERALRESTRICnONS AS TO THE ENTIRE SU MCT PARCEL (Tac Map R55, Lot 13). a There shall be no warehousing on the subjectparcel. It. There shall be no servicing of motor vehicles on the subject parcel, unless accessory to a retail operation. C. There shall be no auto, trues, or heavy equipment sales on the subject parcel. d. There shall be no enclosed recreation centers for profit on the subject parcel. e. Anyextemal speakers shall be configured so as to minimize noise audible beyond the boundaries of the subject parcel. f The subject parcel shall be designed,constructed and operated to facilitate access by base bicycle, public moral, and handicapped persons. Design features to facilitate such areess shall include: i. Sidewalks installed and maintained from the intersection of the access drive A Stillwater Avenue to the interior portions of me subject parcel; d. A public tacit shelter to bested in coordination with Bangor Area Transit and v. Abicyclerack. g. The subject parcel shall have vegetafive plantings in the padding area. SPE TICRESTRICTIONASTOaportionofthesubjectparceldescribedyr Anachrnerct l} . h. Noprincipa mestructures,mdnoac moryusesWC s(exceptthose consistent with this Condition), shall be located within the Specific Restriction Area (described in AnecAment I); provided however, that the Specific Restriction Area maybe used as part of a system by which excess stormwater ren -off from the subject pecel maybe managed and for open space waastcat with preservation of me Specific Restriction Area in a substantially undeveloped state. Any we of the Specific Astriction Area for excess stormwater ren-effshot I be on fall compliance with 0 applicable standards for such function. MEMORANDUM DATE: April 5, 2007 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 463 Stillwater Avenue Council Ordinance 07-129 Please be advised that the Planning Board at its regularly scheduled meeting on April 4, 2007, held a Public Hearing on the above contact zone change request. Mr. Andy Hamilton, Esquire representing Grant Trailer Sales indicated his client was requesting a contract rezoning for the triangular parcel on Stillwater Avenue that was formerly part of Queen City Mobile Home Park. Attorney Hamilton reviewed the land use history of this portion of the City from an agricultural area before the Bangor Mall to the present regional shopping destination it has become today. Mr. Hamilton reviewed the chronology of the CiWs zoning changes and evolving land use policy along this stretch of Stillwater Avenue. Attorney Hamilton reviewed the various contract conditions and their design to provide a development that would be consistent with the City's adjacent contract zones. Patrick Graham, PE of the James W. Sewall Company reviewed a conceptual layout of the property that illustrated how a development might look on the property and how various contract conditions would impact what is developed. Mr. Graham noted they were aware of the City's pending proposal W amend the buffer yard standards and parking lot landscaping requirements and Incorporated them Into the conceptual layout Atorney Tim Woodcock indicated the applicant and their agents had met with residents of Stillwater Gardens to discuss their proposal and to accommodate any concerns. The one clear element expressed was that they did not want a detention pond adjacent W Stillwater Avenue. He indicated they would be happy to accommodate that concern leaving the area largely unchanged. There were no other proponents or opponents present concerning the proposed rezoning. David Gould Planning Officer explained the history of the zoning and evolving Land Use Policy of this area. Mr. Gould noted that while the Comprehensive Plan had been reviewed and amended a few times the plan still represents Low Density Residential as a Land Use Policy due to the level of detail the maps and convey. Many of the parcels represent highly refined contract conditions that are designed to address specific concems of the corridor and adjacent uses. As everyone Is aware traffic concerns are high on everyone'sradar screen. This application has taken a unique approach to incorporate aftesmative transportation modes within the contract conditions Instead of just managing automobile traffic the contract will require provisions for pedestrian, bicycle and bus service. Mr. Gould noted there are two possible views on this issue; one that the parcel is not suited for any commercial zoning or, two this has potential as commercially zoned property with the right set of contract conditions that mitigate the potential impacts adequately. It would seem that the City has taken the latter approach in this area. Unfortunately, that path requires a much harder decision in detailing appropriate contract conditions that will ultimately be decided by the City Council. The Board discussed various means to manage traffic on the site with the understanding that the applicant can only deal with this site and cannot control overall traffic on Stillwater Avenue. The applicant's attorney offered four additional conditions dealing with limitation of access control, maximum Floor area lot coverage and impervious surface standards, and a prohibition on fueling and servicing motor vehicles. Chairman Guerette indicated he appreciated all the hard work of the applicant and his representatives. He noted the presentation of their request was outstanding and well organized. The Chairman did note that in his view the off -ramp Qnterchange) ought to represent the southern boundary of commercial development and not the overpass. Moving the boundary may lead to a series of other zone change requests. Given the potential market service area south of the off -ramp traffic, would surely increase in the tree streets area, a concept we ought to avoid. The Board voted unanimously to not recommend Coundl Order 07-129 as originally presented. The Board then voted four in favor and one opposed to recommend 07-129 as amended by the applicant and its four additional "tract conditions.