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Home My WebLink About2006-09-11 06-317 ORDINANCECOUNCIL ACTIOX Item Ne 06 317 Data: September 111 2006 Item/Subject Amending Land Development Code— CoitraR Zone Change —10, 11, and 15 Buck Sbeet; 45 Emerson Street; 16 and IS Lincoln Scree, and 480, 50q 510, 522, and 532 Main Street from Urban Service District and Waterfront Development District to Contract Waterfront Development District Responsible DeparaneM: Planning Division Commentary: Far Referral to Planning Board Meeting of September 19, 2006,1:00 p. an. The applicant Bangor Historic Track, Inc., is requesting a Contract Zone Charge From Urban Service District and Waterfront Development District W Contract Waterfront Development District for a parcel of land containing approximately 9 acres being located at 10, 11, and 15 Buck Street; 45 Emerson Street; 16 and 18 Lincoln S ; and 480, 500, 510, 522, and 532 Main Street. ear h 1 aty Manager Finance DireRw City Solicitor vam" X First Reading page 1 of 1 i Referral to Planning Board Meeting of September 19,7:00 p.m. C y - "zi[rea to Councilor Crat rick Septa bar 11, 2006 CITY OF BANGOR (rITLE.) Ordinance, Amending land Development Code - Contract Zone Change -10, 11, and 15 Buck Street; 45 Emerson Street; 16 and 18 Unoth Street; and 480, 500, 510, 522, and 532 Main Street from Urban Service District and Waterfront Development District to Contract Waterfront Development District. Be it amsebed by the O2y offiNW, as fiNons: 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 Parcels of land located at 10, 11, and 15 Buck Street; 45 Emerson Street, 16 and 18 Lincoln Street; and 480, 500, 510, 522 and 532 Main Street (Tax Map No. 26, Parcel Nos. 67, 80, 79, 56, 83, 84, 85, 61, 62, 58 and 49 and Tax Map No. 43, Part of Parcel No. 40) from Urban Service District and Waterfront Development District to Contract Waterfront Development District. Said parcel containing approximately 9 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 change of zone is granted subject to the following conciltions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. Any gaming facility shall provide off street panting at a minimum rate of 3 spaces per every 5 slot machines. B. Any other land uses shall provide the minimum off-street parking required based on Section 165-72 of the Land Development Code. 2. Execution by those paw with an interest in the affected property of an agreement providing for the implementation and enforcement of all the amts 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 one hundred and twenty (120) days from the date of passage hereof, this Ordinance shall become null and void. IN CITY COUNCIL September 11, 2006 First eadlmg 6 Referral to thpq Planning Board LT1Y CLEBIL Y n6 -On O RD IN AN CN amSJ Amassing Land Development Code - IS CITY COORCIL Contract gone Change c St. September 25. 2006 45 Emerson Street' 16 asd I8 Lincoln Street gotten Rade and Seconded sod 680, 500.510. 522 and 532 Rain Street for Passage - from Urban Service District and Waterfront vote: 9-0 Developmont District t0 Contact Waterfront Cmmcilor voting Yea: Allem ro„ t nl.virt Casbvell. D'grrico..partfngton. Otatolck, grease, Saves. Palmer am Stone Cooecilorn voting No: Sees Aedeees b Couotlbr eaesonCITY CI Lt¢az N a®G25 cs� Ts .��tio9 G��SD' 044* 2 T � r j O ti p LM 90 .e e EG Too 5.. �p USD t F 96 J P \ V A WDD EMUSD TO WDD CONTRACT ®WDD TO WDD CONTRACT 96 9177W04 APPLICATION FOR LAND DEVELOPMENT CODE AND NAP AMENDMENT TO: THE CITY COUNCIL AND DATE 8Mal THE PLANNING BOARD OF BANGOR, MAINE: NO. 1. I (WE) Bangor Hbionc Track lnm 2.of loo Dwoon Sheet BaigrroNO3 Address city or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from USD(Ur nSameDisWm &WDDlwme ntg .) district to the eoxmner vnw (waMnrgm DavMDplmmp 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) Maln Sbwl Total Area (acres or square feet) +P9,loses 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Fine Street Es[&EaorMeln Seeelacrossfrwn Bass Park 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No,kNW Parcel x0,5&58, 81, 82, W, 65, 05,80.83. TB, BMCO 6. EXISTING USE: Hotel, Commemlal, Hotel, ReaWumt, Eo 7. PROPOSED USE: Rearaumnt,HO 1,Gaming Facillty,P king Garage 8. NAME AND ADDRESS OF OWNER OF RECORD: Name See Below Bangor HistaSC Teck lam KantludraaB Yacel Clue Weblow Oil Cwngany Oiy 0 Bangor i00 Oubon Street AN Four BbM 700 Main armed 73 Harlow Btrxt Bangor. ME Oxx01 sure ZIM Bangor, ME OHOi Bangor, ME 04NWI Bartow. ME gall 01 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): Bangs HlSftmCTrocKlnc 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name R / .Fr tk IWP.E.,PAncma1HVBRCAE) (if applicable( Address weenmishee, Banger. ME 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REDDEST. See Arl Ngrannna lLanguage Imolueoul nal AImmu was m io?l-fi1Q9608996mneWm64W^,aa®a,, 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A- Any gaming facility shall provide off street parking at a minimum rate of 3 spaces per every 5 slot machines; B. Any other land uses sball provide the madmum off street parking required based on section 165-72 of the Land Development Code. I:V1014MH IMI Allmme SYeVouVIIRI-61W96ME]L6mee Wage eppl=Mtl MEMORANDUM DATE: September 20, 2006 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Main Street at al Council Ordinance 06-317 Please be advised that the Planning Board at its regularly scheduled meeting on September 19, 2006, held a public heading on the above contract zone request. Ms. Helen Edmonds Esq. of Pierce -Attwood represented the applicant Bangor Historic Track In Its contract rezoning request. Ms. Edmonds indicated the proposed rezoning was to facilitate the location of Penn National's permanent gaming facility to be located on this property off of Main Street. Ms. Edmonds did note the contract provisions provided for specific parking standards for slot machines, as well as, a requirement that the development meet the City's off-street parking requirements as listed in the Land Development Code. Ms. Edmonds concluded that it was the applicant's view that the proposal was consistent with the Comprehensive Plan. No one spoke in support of, or in opposition to, the proposed rezoning request. Planning Officer David Gould indicated that this site had long been a commercial district and that prior to the interest in waterfront redevelopment the waterfront area was industrial. Mr. Gould indicated that given specific regulations concerning the location of the Racino facility most of the ClWs waterfront property was mo far away from the Bass Park race track to be utilized. This privately owned land met the distance criteria and would be immediately adjacent to the City's waterfront property. Mr. Gould noted the one concern with Waterfront Development District zoning in this location was that of off-street parking. Typically the parking is cooperatively provided for and managed by the City. With this property not being a City parcel the contract provisions were added to Insure that adequate parking would be provided by the applicant. In conclusion, Mr. Gould noted that the development as planned, is consistent with what the Comprehensive Man has envisioned for the waterfront, compact, intense development that does not occupy vast amounts of land area with surface parking. Given the rezoning request's consistency with the proposed land use in the Comprehensive Plan and the City's vision for the waterfront, the Planning Board voted unanimously to recommend approval of the proposed contract ane change to the City Council.