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Home My WebLink About2005-10-12 05-326 ORDINANCEos a26 COUNCIL ACTION Date Ottn}ler 12 9009 Item No. Item/Subject: Amending Land Development Code tj Zone change Broadway and Griffin Road -- Low Density Residential District, High Density Residential District and Rural Residence and Agricultural District to High Density Residential District and Shopping and Personal Service District Responsible Department: Planning Division For Referral to Planning Board Meeting of October 18, 2005, 7:00 P.M. The applicant, Judson M. Grant, Jr. is requesting a zone change to change parts of three parcels of land containing approximately 82.25 Acres and fronting on Broadway and Griffin Road from Low Density Residential District, High Density Residential District and Rural Residence and Agricultural District to High Density Residential District and Shopping and Personal Service District. Department Head Manager's Comments: I"1 4 -1 Amm m Mx QG City Manager Associated Information: W4: Budget Approval: Legal Approval: Finance Director INVER�� Introduced For Passage X First Reading Page 1 of � Referral to Planning Board Meeting of October 18, 2005 Assigned to councilor caslamll 05 326 CITY OF BANGOR frffLE.) Ordinance, Amending rand Development Cade, Zone Change - Broadway and Griffin Road from Law Density Residential District, High Density Residential District and Rural Residence and Agricultural District in High Density Residential District and Shopping and Personal Service District. &i[adainedbYMa dY ofVienw,, asfoNorss. THAT the zoning boundary lines as established by the Zoning Map "a City of Bangor dated October 28, 1991, as amended, be hereby further amended as follows: By changing parts of throe parcels of land fronting on Broadway and Griffin Road as follows: By changing a part of a pond of land containing approximately 8.14 acres (Tax Map No. R-32, Part of Lot 13) from Low Density Residential District m High Density Residential District; a part of parcels of land containing 32.27 acres (Part of Tax Map R-32, Lot 13, Part of Tax Map No. 33, Lot 5 and Part of Tax Map R-33, Lot SA) from Rural Residence and Agricultural Distract to High Density Residential District; a part of a parcel of land containing 17.77 acres (Tax Map R-32, a poroon of Lot 13) from Low Density Residential District to Shopping and Personal Service Distrkt; part of a parcel of land containing approximately 11.48 acres (Tax Map R-32, Part of Lot 13) from High Density Residential District m Shopping and Personal Service District and part of a parcel of land containing approximately 12.6 acres (Tax Map R-33, Pacts of Lot SA) from Rural Residence and Agricultural District to Shopping and Personal Service District. Said parts of parcels containing a total area of approximately 82.25 acres and being ngre particularly Indicated on the map attached harem and made apart hereof. IH CITY COUNCIL October 12. 2005 Neferr d to t^he Fleming Haar W� e IlY CLggR /wV��ii'� IR CITY COUNCIL October 26. 2005 Motion Made and Stranded for Passage Mr. Andrew Nauilton . Mr. Steven Ribble, Mr. Michael Longo, Mr. Andy Sturgeon d Rev. Bob Carlson spoke in favor of the Nezoning Mr. Bass Hooter, Mr. Ted Mitbam 6 Linda Hunter spoke in Opposition of the Reeoniug Vote: 6-1 Councilors voting yes: Allen. D'Rrrica. Farrington, Greene. Stone b Trouble Councilors voting no: Gratwick Abse4r: CasMrell. Haven OBDI IABCG (M )Amsading Land Development Cade. Zoos Change Broadway and Griffin.Road from Lw Density Residential District. High Density Residential District and Rural Residence and agricultural District to High Density Residential District and Shoonms and personal Service Dostrict AmignectoCouneflor w / \/ 05-3z4 MEMORANDUM DATE: October 19, 2005 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Broadway and Griffin Road Council Ordinance 05-326 Please be advised Mat the Planning Board at its regularly scheduled meeting on October 18, 2005 held a public hearing on the above zone change request. Attorney Andrew Hamilton, of Eaton Peabody, represented the applicant, Judson M. Grant, and indicated that they were seeking to rezone portions of three parcels of land looted on Broadway and Griffin Road from Law Density Residential Dlstrct, High Density Residential District and Rural Residence and Agricultural District to High Density Residential District and Shopping and Personal Service Distnct. Mr. Andrew Sturgeon, President of Ames A/E, Mr. Steve Ribble, Landscape Architect of Ames A/E, and Mr. Michael Longo were also present representing the applicant. The applicant's representatives reoignized the departure of Me proposed request from the City's Comprehensive Plan but found it in general conformance. The applicant was willing to give up some commercial zoning on Broatlway for greater commercial depth along Griffin Road. The Applicant's representatives noted they had met with neighbors to discuss their concerns. Dr. William Beardsley, President of Husson College, spoke in favor of the proposed zone change. He indicating that Me recent increases in enrollments particulady with the addition of the Seminary has increased the demand for student housing. The College is seeking other alternatives to traditional dormitory housing and is looking at off-site housing due to demand and the cost of construction for on-site housing. Dr. Beardsley indicated he felt commercial development that served the immediate area would be preferable to development which served a larger regional market. Several people expressed concern for increased traffic, big box development, and development which may not serve the Immediate neighborhood, the need to preserve the wetlands on the site, and preservation of recreational use and open space on this land. They include Linda and Dana Hunter, 1025 Kenduskeag Avenue, Lucy Quimby, 1230 Kenduskeag Avenue, Dr. Clifford Rosen, 16 McKinley Street, Ms. Leslie Dickenson, 153 Norfolk Street, and James Devitt, Hudson Road. d5-3z-(� The Planning Staff indicated that the proposed zone change request is partly consistent with the Comprehensive Plan, and is consistent with the existing uses in the area. Clearly a portion of the request reallocates land uses from high density residential to commercial but balances that with areas From commercial to high density residential. Planning Staff advised the Planning Board that a cluster of commercial development with limited access points along the arterial roadway would be preferable to a linear strip of commercial development with multiple access points. Mr. Gould did note that the clustered landmass would have the potential to support larger buildings and that if the board were concemed about that likelihood a contract zone change would be warranted. Staff recommended that the Planning Board recommend approval of C.O. # 05-326 to the City Council. After careful consideration of the existing uses in the area, and the Citys long standing land use policy in this area and the potential benefit on traffic management, the Board voted four in favor and one opposed to recommend to the City Council that the zone change request contained in C.O. # 05-326 be approved The dissenting opinion was that the City should explore a contract rezoning to insure the resulting commercial development is in keeping with the neighborhood and the representations of the applicant. ± IR JyM ® LE)QCAS R u .r RR&A 0`E LDR TO HDR RR&A TO HDR O LDR TO S&PS °e HDR TO S&PS � E]RR&A TO S&PS T0: ITfE CfCY COUNCR AND DATE Smtember23.2005 THE PLANNNG BOARD OF BANGOR ME: NO. 1. I(WE) Jvdeov M.11aut, Jr. 2. of 1221 BreadNeadway, B 3Ctimse W02 942-9436 Address City or Post Office Telephone hereby petition to amend the Land Development fide of the City of Bangor, Maine by reclassifying from LBR®R and ]RJR +A &sWot m the.®Rends&PS &wlOt for Ere property outlined in re4 on the map; attached hereto, which are part of this application, and dewnbed as follows: A ADDRESS OF PROPERTY(if any) N/A Total (amtsmsfu feet) n15 Ames - 4 PROPER WCATION (Gmaallooaton): West si& ofB dwa from Griffin Road ' msotio x] a 900 varda. 5. LEGALDESCR ONOFPROPBRTY- Assassom Map Nos. R32 Parcels 5 R32 13 RD SA 6. EXISTNG USE: Vuavt 7. PROPOSED USE: Rnidevtial&Commercial 8. NAMFi ANDADDRESSOFOWNEROFRECORD: NarwJuftonKGrmtJr, Address 1221 Broadway Baneor.Maine04402 9. N�DRESSOFOWNERORCONTRACT WNER(Ifs :'/AA 10. SIGNATURBOFOWNERORCONT aOWNER: Il. REPRESEN'TATNE OF APLLICANT: Name Steven W. RRble, ASIA Addsess AMRSA - PO.Box 2610 Baveor Mame 04402-2610 2PIN474153. 1-336 This fom is a reproduction ofthe City of Bangor "Application for Land Development ent" datr 7/1/04. SEP 2 3 2W5 ill �� _i 05 326 APPLICATIONFOR LAND DEVELOPMENT CODE AND MAP AMENDMENT T0: ITfE CfCY COUNCR AND DATE Smtember23.2005 THE PLANNNG BOARD OF BANGOR ME: NO. 1. I(WE) Jvdeov M.11aut, Jr. 2. of 1221 BreadNeadway, B 3Ctimse W02 942-9436 Address City or Post Office Telephone hereby petition to amend the Land Development fide of the City of Bangor, Maine by reclassifying from LBR®R and ]RJR +A &sWot m the.®Rends&PS &wlOt for Ere property outlined in re4 on the map; attached hereto, which are part of this application, and dewnbed as follows: A ADDRESS OF PROPERTY(if any) N/A Total (amtsmsfu feet) n15 Ames - 4 PROPER WCATION (Gmaallooaton): West si& ofB dwa from Griffin Road ' msotio x] a 900 varda. 5. LEGALDESCR ONOFPROPBRTY- Assassom Map Nos. R32 Parcels 5 R32 13 RD SA 6. EXISTNG USE: Vuavt 7. PROPOSED USE: Rnidevtial&Commercial 8. NAMFi ANDADDRESSOFOWNEROFRECORD: NarwJuftonKGrmtJr, Address 1221 Broadway Baneor.Maine04402 9. N�DRESSOFOWNERORCONTRACT WNER(Ifs :'/AA 10. SIGNATURBOFOWNERORCONT aOWNER: Il. REPRESEN'TATNE OF APLLICANT: Name Steven W. RRble, ASIA Addsess AMRSA - PO.Box 2610 Baveor Mame 04402-2610 2PIN474153. 1-336 This fom is a reproduction ofthe City of Bangor "Application for Land Development ent" datr 7/1/04. SEP 2 3 2W5 ill �� _i