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Home My WebLink About2007-04-09 07-137 ORDINANCEmmal% 07 137 Date: ApOI9, 2007 Item/Subject: Ordinance, Amending Land Development Code — Zone Change — A portion of 993 Broadway from Contract Low OersRy R Wendal District to tov Density Residential District. Responsible Department: Planning Division For Referral to Planning Board Meeting of Tuesday, April 17, 20070 7:00 p.m. The applicant, Raft Jambi, is requesting a zone change from Contract tow Density Residential District W tow Density R lderdlal District for a portion of a poral of land (the building and the land under the building) containing approximately 1,931 sq. R and being looted at 993 Broadway. Val Associated Information: Finance Dire[M City Solicitor Introduced for Passage X. RM Reading Page i of L X Referral to Planning Board Meeting of April 17, 2007 @ 7 p.m. 07 137 m•.\.. Acsigo¢d to councilor 44etvlck Aptil 9. 2007 CITY OF BANGOR (TITLE.) Ordinance, Amending Land Development Code— Zone Charge -- portion of 993 Broadway from Contact Low Density Residential District to low Density Residential District. Be It or&ftred by the 02y ofBMW,, as ftow: THAT the Zoning boundary lines as established by the Zoning Map of the City of Bangor dated October 28, 1991, as amended, be hereby Nrther amended as fellows: By changing a portion of parcel of and located at 993 Broadway (Tax Map No. 61, a Portion of parcel No. 580) from Contact Low Density Residential District to Low Density Residential DIstHR Said portion of a parcel containing approximately 1,931 sq. R. and being more particularly indicated on the map atmNetl hereto and made a part hereof. ciw CO 1. 11 9. 2002 at Heading A Referral IN CITT COHNCIL April 23, 2007 Motion Made and Seconded for passage vote I-0 Comcilors voting Yes: Allen, 0`&rrico, Farrington. Greece, Haves, Palmer A Stone Couacjlots voting no: None pass _ X 02-132 O HOINAN CH to I 07 137 �t LDR CONTRACT TO LDR(BUILDING ONLY) 810 Bangor High \ CFR i TO: 1. APPLICPTION FOR LAND D PMEJNT CODE AND THE CITY COUNCIL AND DATE THE PLANNING BOARD OF BANGOR, MAINE: NO. I(WE) Ref! Jacobi 07 1377/1/06 MAP AMENDMENT 2, of 993 Broadway 973-1998 Address 993 Beoadway Address City or Post Office Telephone NAME AND ADDRESS OF CONTRACT hereby petition to amend the Land Development Code of the City of 10. Rangor, Maine by reclassifying fromi-ow Density Residential (contract) 11. district to the tau oanay Re w + district for the property outlined i red on themapsattached hereto, which are fee part of this application, and described as follows: Processing 3. ADDRESS OF PROPERTY (if any) Total Total Area (acres or square feetr (f' 4. PROPERTY LOCATION (General location): Example - South side of $479.00 State Street 400 yards. East of Pine Street $330.00* $ 809.00 993 Broadway Zone Change S. LEGAL DESCRIPTION OF PROPERTY- A6eeSSOr8 Map porei on of No. 6I_ Parcel�V0 6. EXISTING USE: Sin�ln cam.. �., n ... .ni... $1,096.00 S. NAME AND ADDRESS OF OWNER OF RECORD: Name e,f. -J/ ko VV CONTRACT ZONE REQUEST. Address 993 Beoadway If 9. NAME AND ADDRESS OF CONTRACT OWNEA (if such): 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name (if applicable) fee 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. QdVIaIQV, CITY HALL BANGOR ME. Application fee Processing Advertising Total Zone Change (1/2 acre or less) $479.00 $330.00* $ 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* $1,557.00 *TWO Ads Required PLEASE READ PROCESSING PRWEDURE ON REVERSE SIDE m : . • tl1r' •..1+ -'YM V4 `i u�l mn m0�-1 `•;Ve:�'9.-PjGBrw.arlKlH/YfZ.n r�YNY.7� enurK �x�mar,x�Rnrm°�rr�rrra>. f-4,0) ,rorr imp rriz,=,ter l•n liZ�Ml e ) av Gil I, t7.��UY-��rOi➢6'i�l •`1Im�I�n Ql�j �Yij K}_� xr I� L B r 4.1 'y I I� r 'y I MEMORANDUM DATE: April 18, 2007 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECr: Amending Zoning Ordinance 993 Broadway Council Ordinance 07-137 Please be advised that the Planning Board at its regularly scheduled meeting on April 17, 2007, held a Public Hearing on the above zone change request. Mr. Rall Jacobi indicated that he was requesting a rezoning of 993 Broadway W remove the previous contract conditions such that he could add additional units to the existing building. Mr. Jacobi indicated that there was more than adequate parking to accommodate additional units. Mr. Sean Emery of 56 Baldwin Drive indicated that he represented the Orchard Hills Homeowners Association. They were concerned that additional units would potentially burden the existing available parking that is assigned to units 1-11. Mr. Emery noted that certain changes would require a vote of the Association and no discussions have occurred at this time. Planning Officer David Gould indicated Mere were two sets of standards one being the City's Land Development Code and the other the Orchard Hills Homeowners Association Bylaws and the two should not be confused. Mr. Gould noted that in 1984 when Orchard Hills was proposed the first 200 feet of the property Including the existing "farmhouse" was rezoned to R-3 contact. The remainder of the property was zoned R-3. The contract provisions limited the front portion to the one building as a single family dwelling. The attached townhouses and single family attached units were constructed on the rear acreage. In 1991, the City's position on attached residential and condominiums had changed and the new land Development Cade provided for "attached residential" as a conditional use in the Low Density Residential District. Currently the City's development policy would be to allow for attached residential on the front portion of the property should the contact conditions be lifted. Mr. Gould explained that Mr. Jacobi only has legal control of the land under his building; the Association has control of all the "common area." While it seems that Mr. Jacobi would need approval from the Association to add units the City could not prohibit him from seeking a rezoning. The Board discussed the Homeowners Association's rules versus the City s Zoning Codes and the inability of the City to enforce the Associations Bylaws. Mr. Gould did note that no specific application far units has been made to the City and that any additional attached residential units would be a conditlonal use in the Low Density Residential District and require review and approval by the Planning Board. The Jambi building is like all the others in the project which is an approved Planned Group Development (PGD) giving all units access to open space, parking, Whites, and other amenities. Densities, lot coverage, and parking are calculated over the entire project not building by building. Some Board members expressed concern that the applicant had not discussed his plans with the Homeowners Association. Given its consistency with the Comprehensive Plan for low density residential developmerit and the limited benefit of the contract conditions, the Board voted three in favor and two opposed to recommend the adoption of the proposed mne change request to the Council as indicated in Council Ordinance 07- 137.