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Home My WebLink About2007-04-23 07-155 ORDINANCEDate: Apd1, 2001 Item No. .07 15.5 23 1hoWsubject Amending Land Development Code— Contact Zone Change -315 Harlow Street from Urban Residence 2 District to Contract Mind -Family and Service District. Responsible Department: Planning Division commentary: For Referral to Planning Board Heating of Tuesday May 1, 2007, 7:00 P.M. Volunteers of America is requesting a contract mne change for part of a parcel of land containing approximately one-third of an acre and being located at 315 Barlow Street from Urban Residence 2 District to Contract Muld-Family and Service District. /s/ lames D Rho Department Head Manager's Comme�nt�s: m,;o��n" r �•• oYY�"" City Manager AseadoWd Information: jnlpr Budget finance Director Soilctor Passage First Reading Page i of 1 X Referral to Planning Board Heeling of Tuesday, May 1, 2007, 7:00 p.m. 07 255 ' Asaign" to Counnllor GraMck April 23, 2007 CITY OF BANGOR (rITLE.) Ordinance, Amending Land Development Code- Contract Zane Change - 315 Harlow Street from Urban Residence 2 District to Contract Multi-Family antl Servke District. Be It onkatned by the my a8angor, as"lons 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 part of a parcel of Land located at 315 Harlow Street (Tax Map No. 40, Part of Parcel No. 12) from Urban Residence Two District to Contract Multi-Famhhy and Service District. Said part of a parcel containing approximately one-third acre and being more particularly Indicated an the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, in addition co 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 operation of the subject premises shall be subject to the following limitations and/or restrictions: A. The rezoned property shall be limited to surface parking. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and emorcemem 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 said agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. n C1 April 2,3, 2003 IP CITY COUNCIL My Ib, 2003 Motion Made and Seconded for Passage vote: 56-0 Councilors opting yes. Blanchette, D'errico, Farrington, Gratsick, 6Yeeve d Palmer Cooacilors voting No: Mone Councilors Absent: Allen, Ndaee. state vasa T C (FMR,)Amending whangLard OevelopmenC Cade Ctract Zone Ce 3l t ftm Urban Residence 2 District to Cootrnet Mull -Family and Service District m� o SD O9 i 07 155 7/1/06 ARFLICATION FOR ANO DEVELOP ND TO: THE CITY COUNCIL AND DATE 4L4/01 THE PLAyu�ING BOARD OF BANGOR, MAINE: NO. 1. I(WE) \/ N .� f 2. of 14 ltl „ $ry awg%;8 , Joiot na ME 0986 E 0-303-I 4O Address City or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from IPZS -Z district to the �✓ydSo district for the property outlined i retl on the maps attached hereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 315 :MRb... ScrzcEr Total Area (acres or square feet) 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map NO.43:0 Parcel )Z 6. EXISTING USE: ii4' m WuWr rFwAw A.O (t� cv�) i. PROPOSED USE: 04X'AF.+Ilnt (+n- ba faifwC Sk!saa d S. NAME AND ADDRESS OF OWNER OF RECORD: Name Vnwnawtef Am= Address-T:E - Me' 9. NAME AND ADDRESS OF CONTRACT OWNER (if such):- Gam.[_ 10. SIGNATURE OF. OWNER OR CONTRACT OWNER: i A l� %tgu C 11. REPRESENTATIVE OF APPLICANT: Name Siffi OFA (if applicable) Address 8 fi.� S'f'. nweF. /v� o4g1 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM 6 DUPLICATE TO PLANNING DIVISION CITY HALL, DANGER,ME. Application tee Processina Advertising Total Zone Change (1/2 acre or less) $479.00 $330.00* $ 509.00 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 luICu W:7ddp1lU DATE: May 2, 2007 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 315 Harlow Street Council Ordinance 07-155 Please be advised that the Planning Board at its regularly scheduled meeting on May 1, 2007, held a Public Hearing on the above zone change request. Mr. Jeff Aceto, P.E. of Site Lines representing Volunteers of America, indicated that they were requesting a rezoning of 315 Harlow Street for a portion of the back of the lot that fronts on Curve Street. in November of 2006 they had requested rezoning the property to Multi Family and Service District, but due to the Planning Vice's concerns did not pursue the upper URD -2 portion. Mrs. Nancy Garland of 74 Market Street asked if the project would be developed in the field behind her home on Market Street. Mr. Aceto pointed out the location of her property relative to the applicant's site and the area to be rezoned. It did Trot appear that most of the vacant land was mired by the applicant and the proposed rezoning was even further separated from that area. Planning Officer David Gould indicated this request was a follow up to the original project rezoning from Urban Service District (USD) and Urban Residence 2 District (URD -2) to Muld-family & Service District (M&SD). In November of 2006, the applicant requested that the entire property be rezoned to M&SD. Due to concems that the upper Portion of the site, (URD -2), could be developed as a large multi -family structure that would not be consistent with the small one and two unit buildings, only the USD portion of the site was rezoned with the understanding that should the project need additional area to support the housing project a contract retuning would be considered. The Planning Officer did note that in the past similar contracts had additional provisions as to specific buffers and lighting standards. However, Mr. Gould noted that he is very content with the Code's buffer and lighting standards given the recent updates, and that additional contract language is unwarranted. The Board voted unanimously to recommend the adoption of the proposed contract zone change request to the Council as indicated in Council Ordinance 07-155.