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HomeMy WebLinkAbout2006-08-14 06-293 ORDERACTION Item No, 06 2293 Date: August 14, 2006 Item/Subject: Order, Amending land Development Code —Contract Zone Change — 400 Stillwater Avenue from Low Density Residential and Contract Shopping and Personal Service Dismct to Contract Shopping and Personal Service District. Responsible Department Planning Division Commenmry For Referral to Planning Board Meeting of Tuesday August 15, 2006, 7:00 P.M. Global Rand, LLC is requesting a contract zone change for parts of two parcels of land containing approximately 2.23 acres and being located at 400 Siff Water Avenue from Low Density Residential District and Contract Shopping and Personal Service District to Contract Shopping and Personal Service District. /s/ James D. Ring Department Head Managers Comments: 7�e ®t )uo�d i /�Rl4nmm�aaia./� c4rvyi/ azill oc City Manager Associated Inflnmadomianf, � Q AR idi Legal Approval: - C' lith[ r Introduced for _ passage _ Fist Reading Page 1 of 1 , X Referral to Planning Board Meeting of Tuesday, August 15, 2006, 7:00 p.m. 06 293 .�. Aeaigrued to cuuvcUor CraMct M,gnet 14. 2006 CITY OF BANGOR (TITLE.) Ordmance,Amending land Development Code —Contract Zone Change - 400 Stillwater Avenue from Low Density Residential and Contract Shopping and personal Service Districts to Contract Shopping and Personal Service District. Be It onoWned by Me C)of Bangor, asfo//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 parts of parcels of land located at 400 Stillwater Avenue (Tax Map No. R-55, Parcel Nos. 12 and 12D) from Low Density Residential District and Contract Shopping and Personal Service Distinct to Contract Shopping and Personal Senice Disbictict Said parcel containing approximately 2.23 acres and being more particularly indicated on the map attached hereto and made a part bereof. PROVIDED, HOWEVER THAT, in addition W themandatory condibons Imposed by Chapter 165-7 of the Ordinances ofthe City of Bangor, mid charge of zone is granted subject W the following condition: - 1. The use antl/cur operadan of the subject premises shall be subject W the following limitations and/or restrictions: A. Property will be used only for business or professiorsl office, clinical, medial, dental _ and mini -warehouse purposes. B. Any buildings a land used or occupied and buildings erected, constructed, reconstructed, moved or structurally altered shall ampiy w¢h the requirements of Part IT General Requirements and Part W Land Development Permit of Chapter 165, land Development Code of the Oarnxnces of the City of Bangor and the following dimensional requirements: 1) Minimum site yard building set back 15 ft. 2) Maximum lot coverage 2096 3) Maximum building floor area ratio .3 ' 4) Maximum impervious surface rado.6 5) Buffer yard minimum Y," with minimum 30'buffer yard"C" abutting Garden Way walidng path. 6) Maximum gross floor area 18,OW sq. ft. for professional office, clinical, medial and dental. 1 C. There will be no vehicular access W the Ixoperty from Garden Way. All vehicular access will b s from Stillwater Avenue utilizing an edsting curb cut on the abutting property W the east. IN CITY COUNCIL Avgeat 16, 2006 notion Made and Seconded to Refer to the Mail/Marsh Commission Vote 2-6 CowcIIvrs voting yes: Cratulck, Palmer Couneflors voting v : Allen, Caslwell, D'Drrico �Farringron Greece d Stone Mawr Bases First Reading and Referral co P1Ain Board A TY CLE IN CITT COUNCIL August 28, 2006 matin node am Secoaaed for Passage Vote: 8-0 Councilors voting yes: Alley. Cashwell, D'errico.. Farrington Grataick. Greene, Naves and Palmer Absent: SCOoe p aR-293 O RDIMIM CE (iiCygJ dveodivg Level Development Code - Cwttact Zvce C6aog¢r Avenue, fran Los Density Residential and Contract Shopping avl Personal Service suits to Contract Shopping and Peraooel Service Diatrict ME LDR S&PS CONTRACT* TO S&PS CONTRACT 06 £9 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE 7/18/06 THE PLANNING BOARD OF BANGOR, MAINE: NO. 1. 1(WE) Global Rand, LLC 2. of 691 Still t A • Old T •— A O (Zn71R2 Address Qty or Pest Office Telephone Hereby petition to amend the Land Development Code f the Cit of Bangor, Maine by reclassifying from COD _¢act Zone of Shoo 'nom -anal dentes 8 LDR district for district to the Contr ct Z 051 d P 4 hereto, whichthe areppart of out lmed ,, red on the maps attached follows: a part of thia application, and described as 3. ADDRESS OF PROPERTY (if any) 400 Shclwafnr AyenUe Total Area (acres or square feet) appmx. 2.23 acres 4. PROPERTY LOCATION (General Location): Euaple - Santa aide of State Street 400 yards. East of Pine Street - SoUth Wast Of DRw Le S01h afar Ave Sign2liZed' to p' buts the bound travel lane of l t rstat 95. S. LEGAL DESCRIPTION OF PROPERTY -Assessors Map NO.RSS Parcel.12 & 12D 6. EXISTING USE:-Undeveloced 7. PROPOSED USE: Pmudy shall be need f0 houae S. NAME AND ADDRESS OF OWNER OF RECORD: Name MRS. INC. & LTI INC Address PO Boz 639 ever, Maine 9. NAME AND ADDRESS OF CONTRACT OWNER (if ch): Glo and LLC__ 10. SIGNATURS OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name AMES A/E (if applicable) Addreas 115Main St Bangor 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. Sec attacbed Sheet RETURN FORM & DUPLICATE TO PLANNING DIVISION, CITY HALL BANGOR ME, Application fee Processing Advertising Total Zone Change (1/2 acre or lees) $462.00 $318.00* $780.Oo Zone Change (in excess Of 1/2 acre) $740.00 $318.00* $1058.00 Contract Zone Change $1107.00 $397 00* $1,504.00 "TWO Ads Required 06 293 Proposed Contract Zone Change Conditions — Global Rand, LLC at 400 Stillwater Avenue The applicant has applied for a contract zone change under the provisions of 165-7 and proposes the fallowing conditions: A. Property will be used only for business or professional office, clinical, medical, dental and mini -warehouse purposes. B. Any buildings or land used or occupied and buildings erected, constructed, reconstructed, moved or structurally altered shall comply with the requirements of Part II General Requirements and Part IV Land Development Permit of Chapter 165, Land Development Code of the Ordinances of the City of Bangor and the following dimensional requirements: 1) Minimum side yard building set back 15 ft. 2) Maximum lot coverage 20% 3) Maximum building Floor area ratio .3 4) Maximum impervious surface ratio .6 5) Buffer yard minimum "C," with minimum 30' buffer yard "C" abutting Garden Way walking path. 6) Maximum gross floor area 18,11011 sq. R. for professional office, clinical, medical and dental. C, There will be no vehicular access to the property from Garden Way. All vehicular access will be from Stillwater Avenue W Iizing an existing curb cut on the abutting property to the east. MEMORANDUM DATE: August 16, 2006 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 400 Stillwater Avenue Council Ordinance 06-293 Please be advised that the Planning Board at Its regularly scheduled meeting on August 15, 2006, held a public hearing on the above contract zone change request. Mr. Vinal Applebee, PE of Ames AIE representative of the applicant Global Rand, indicated they were seeking to use the property at 400 Stillwater Avenue for a self stooge facility "mini warehouse' as provided for in the S&PS District The property has an existing contract zone as do the two adjacent properties to the north. The proposed contact zoning agreement would change a small portion of the site from Low Density Residential District to Contract Shopping & Personal Service District such that it could be used as a 30 -foot buffer. Mr. Applebee noted that the trip generation of a self storage facility would be less than and likely have a different peak hour than a medical office. The Board asked Mr. Applebee about the appeaonce of the proposed structures and whether it would resemble typical self storage buildings. Mr. Randy Rand Indicated the facility contemplated would be more like the LI -haul facility downtown where by stooge space is accessed from internal doors rather than exterior garage bays. It was noted that in the S&PS District the mini warehouse use is a conditional use and must meet the Standards of 165-9 including architectural consistency. Mr. Mortis L. Fer Indicated that he awns the adjacent property which was presently leased to Little Angles Day Care. Mr. Fer noted he did not oppose the proposed change but would like to work with the applicant on the layout of the proposed shared access. Back in 1993, when the concept was agreed upon, the properties were being used as a real estate office and a planned medical office. Mr. Brian Duprey owner of Little Angles Day Care indicated that there could be issues as to entering and exiting if the facility had similar peak hours as theirs does. He agreed with Mr. far that the redesign of the driveway may better facilitate those movements. After careful consideration of the existing uses in the area and the existing contracts on the adjacent properties, the Board voted 4 to 1 to recommend the proposed contract revision. The dissenting opinion was that the use of this site as a mini warehouse and shared driveway would only add to traffic congestion on Stillwater Avenue and complicate the access and egress of the existing day care facility.