HomeMy WebLinkAbout2017-04-10 17-136 ORDINANCECOUNCIL ACTION
Item No. 17 -IM
Date: April 10, 2017
Item/Subrject Ordinance, Amending Land Development Code — Contract Zone Change -- 53
Burleigh Road from a Low Density Residential District to a Multifamily and Service District.
Tax/Map (R40 -006-I)
Responsible Department: Planning Division
Commentary: The applicant, Sara Grant, is requesting contract zone change for a parcel of land
(4 acres) located at 53 Burleigh Road (Tax Map R40 -006-I) from a Low Density Residential District
to a Multifamily and Service District. The property to be rezoned is vacant land. The applicant
seeks to build a day care center.
The contract conditions indicate that dwellings shall not exceed two families, structures shall not
exceed two stories in height and for large day-care centers applicable measures will be taken to
minimize audio and visual impacts on neighboring properties.
s Tanya L. Emery
Dept. Head
Manager's Comments:
For Referral to City Council Meeting of April 10, 2017 at 7:00 p.m.
City Manager
Associated Information:
Budget Approval:
Finance Director
Legal Approval:
City, olicitor
Introduced for
Passage
X First Reading
Page 1 of 1
_JL Referral to Planning Board Meeting on April 18, 2017, 7:00
p.m
Assigned
CITY
to Councilor Graham
OF BANGOR
17-136
APRIL 10, 2017
(TITLE.)Ord inancer Amending Land Development Code — Contract Zone Change —
Burleigh Road from a Low Density Residential District to a Contract Multifamily and Service District
Tax/Map (R40 -006-I)
Be It ordained by the City Council of the City of Bangor, as follows.
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 a parcel of land located at or about 53 Burleigh Road from a Low Density Residential
District to a Contract Multifamily and Serivce District. Said parcel of land containing approximately 4
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 conditions:
1. Dwellings shall not exceed two families.
2. Structures shall not exceed two stories in height.
3. For Day -Care Centers, Large: Applicable measures will be taken to minimize audio and
visual impacts on neighboring properties.
Execution by those parties with an interest in the affected property of an agreement providing for the
implementation and enforcement 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.
IN CITY COUNCIL
APRIL 10, 2017
COr 17-136
FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF APRIL 18, 2017
CITY CLERK
IN CITY COUNCIL
APRIL 24, 2017
COr 17-136
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 0-9
COUNCILORS VOTING YES: NONE
COUNCILORS VOTING NO: FAIRCLOTH, GRAHAM, NEALLEY, NICHOLS, PERRY,
SPRAGUE, TREMBLE, WESTON, BALDACCI
FAILED.-
CIT4CL K
7/l/2012
APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT
TO: THE CITY COUNCIL AND DATE:,
THE PLANNING BOARD OF BANGOR, MAINE:
1. I(WE)
2. of ?51 42/Y 21 In(- OW11Z
Address City or Post Office Telephone
hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying froth
10 P, district to the 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) /101
Total Area (acres or square feet) q
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.— Parcel �'V.q -07� --'T
6. EXISTING USE:
7. PROPOSEDUSE.
8. NAME AND ADDRESS OF OWNER OF RECORD: Name
Address
-19 6& , Jt,,,)&,wr, I /" 41.E C
9. NAME AND ADDRESS OF CONTRACT OWNER (if such). 2aille, Krli"/
;231 0)�'/ r'," V /J'ha" '01,011,1vi
10. SIGNATURE OF OWNER OR CONTRACT OWNER:
11. REPRESENTATIVE OF APPLICANT: Name
(if applicable)
Address
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN FORM & DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR, ME.
Application fee Processing Advertising Total
Zone Change (1/2 acre or less) $575.00 $410.00* S 985.00
Zone Change (in excess of 1/2 acre) $920.00 5410.00* $1,330.00
Contract Zone Change - 5 conditions or less S 1,377.00 5509.00* S1,886.00 Pao
More than 5 conditions or 50 words $1,900.00 $509.00** $To be determined I tw `-
*Two Ads Required ** Advertising costs above this amount to be paid for by applicant. RECEIVED
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE MAR 2 2 2017
ED and Planning
32-13.
O
17-136
APRIL 24, 2017
MEMORANDUM
DATE: April 19, 2017
TO: The Honorable City Council
FROM: David G. Gould, Planning Officer
SUBJECT: Amending Zoning Ordinance
53 Burleigh Road — Low Density Residential District (LDR)
to contract Multifamily and Service District (M&SD) —
Council Ordinance 17-136
Please be advised that the Planning Board at its meeting on April 18, 2017, held a
Public Hearing on the above zone change request.
Chairman John Kenney asked the applicant or their representative to make a brief
presentation of the request.
Ms. Sara Grant of Elevate Child Center indicated she was requesting a rezoning from
Low Density Residential to Multifamily and Service District. She indicated she picked
this location due to its low crime rate and ease of access for picking up and dropping of
students. She noted the 4 acre lot would have plenty of space for on-site parking, green
play areas and buffers for the neighbors. She indicated the contract conditions would
limit dwellings to no more than two dwelling units and no more than two stories all. She
discussed potential noise levels and trained staff which would be employed.
Chair Kenney asked if there were any other proponents, being none he asked for
opponents.
Patricia Hettermann of 29 Woodland Circle noted some inconsistences that the
application had with the City's Comprehensive Plan in the Zoning Policies and Land Use
Policy that would lead one to believe that protecting the single family homes would be
of prime importance to the City. She noted traffic concerns and potential conflicts with
stated policies within the plan. She noted that buffering the Hemlock Ridge
homeowners would be difficult as its elevation is higher than the proposed site.
Mr. John Rebar of Woodland Drive noted the change could adversely impact his
investment. He suggested the Board visit the site and see the potential for increased
traffic. The change would have a long term impact on the neighborhood established in
the late 1980's.
Mrs. Donna Miller read a letter into the record from Todd and Kimberly Hillier
(attached).
2
Mr. John Graham indicated he had an adjacent apartment complex which housed
mostly elderly tenants. He indicated his units were very popular and has a waiting list.
He was concerned that the change could impact his property values.
Kurt Hettermann indicated the traffic may be severe during rush hour times and the site
may have stormwater and drainage issues. The Board discussed the rezoning proposal
and noted site plan issues would be dealt with at another time.
Planning Officer Gould indicated that the request was to rezone a four acre parcel from
LDR to M&SD contract. The contract zone conditions would limit number of dwelling
units in a building to no more than two, and the number of stories (2) as a limitation.
Mr. Gould outlined the history of the area and the zoning since the early 1980's. Mr.
Gould noted that the Comprehensive Plan is not intended to be specific as the Zoning
Maps. The Plan provides some guidance to the City to aid in making land use decisions.
Member Guerette asked for additional information as to the M&SD District
Mr. Gould read through the Permitted and Conditional uses in the District noting that if
changed the Zoning runs with the land. Such that if the applicant does not proceed with
the project she envisions than a second owner can do whatever elements are allowed in
the district and the contract conditions. Mr. Gould noted an email from Branimir
Brozman who noted concern and strong objection to the rezoning (attached)
Mr. Gould noted that a contract rezoning is the applicant's prerogative. Staff has
discussions with the applicant as to what provisions may aid in getting approval, but in
the final analysis it's up to the applicant to bring forward conditions it believes will aid in
getting the rezoning approved.
Member Boothby made a motion to recommend the City Council adopt C.O. # 17-136,
amending the Zoning at 53 Burleigh Road from Low Density Residential District to
contract Multifamily and Service District, Sara Grant applicant. Member LeBlanc
seconded the motion and the Board voted one in favor (Hicks) and five opposed. The
proposed rezoning was not recommended by the Board.
Gould, David
From: Brozman, MD, Branimir <bbrozman@emhs.org>
Sent: Tuesday, April 18, 2017 10:00 AM
To: Gould, David
Cc: Brozman, Denisa
Subject: Objection to Zone Change Request for Land at 53 Burleigh Road
Dear Mr. Gould,
We wrould like to register our concern and strong objection to the request by Applicant, Sara
Grant, 'to have the Land Development Code amended by changing a parcel of land located at 53
Burleigh Road from Low Density Residential (LDR) to a Multifamily & Service (M&SD)
District. We understand that this matter will be discussed at the Planning Board meeting tonight,
which we would not be able to attend in person.
Our family has resided at 45 Woodland Drive in Bangor, in the area immediately adjacent to the
land being discussed, for almost 14 years now. We purchased the property with the
understanding that it would remain a low-density residential district, with quiet, low -noise, low -
traffic, low -pollution envirormient, with lows number of visiting nonresidents, where our four
children would be able to play outside relatively safely. We understand that all these attributes,
as well as the value of our home itself, would be significantly affected under the proposal of the
Applicant.
When the potential harm to the neighboring property owners is so great and there is no hann to
the Applicant's property under the current conditions, we believe that it makes good sense to
deny support to the Applicant's zone change request.
Thank you very much for your understanding.
Branimir Brozman, MD
Denisa Brozman, MD, PhD
45 Woodland Drive
Bangor, ME 04401
(207) 423-4981
Date: 4/17/2017
To: The Planning Board of the City of Bangor
From: Todd and Kimberly Hillier
Re: Proposed zoning change at 53 Burleigh Road
We are writing this letter to voice our strong opposition to the proposed zoning
change for the parcel of land at 53 Burleigh Road from low density residential to high
density residential and service.
This parcel of land is sandwiched between a recently designated high density
residential zone and the neighborhood in which we have resided for the past 12, years.
We chose this neighborhood based on the qualities most professional people do who
are trying to raise a young family. The safety that a small, quiet neighborhood offers was
paramount. Local traffic at the time was minimal, residential crime was almost
nonexistent and there wasn't much foot traffic nearby.
After looking all over the greater Bangor area, we came to the conclusion that
this neighborhood that includes Woodland Avenue and Westwood Road was the ideal
choice. There are not many neighborhoods in Bangor or surrounding towns that offer
homes in this condition and price range that were so well buffered by the natural
surroundings and the tranquility that comes with nature.
In recent years, the addition of commercial entities along Broadway near the
Burleigh Road intersection have impacted our neighborhood in several negative ways.
Noise levels are certainly on the rise especially later in the evening and at night. A large
box store is now on the corner and a recently constructed service station, car wash and
dell was recently added as well. In addition, a large apartment complex was allowed to
be built with a recent designation of High density residential zone. These additions have
dramatically increased local traffic, noise and light pollution as well as pedestrian foot
traffic up and down both outer Broadway and the Burleigh Road.
By recommending a zoning change, the Planning Board will not just be
mechanically changing a zone, you are impacting the quality of life of an entire
neighborhood of people. A several story apartment building will contribute more noise,
more light pollution and more crime in our vicinity. A couple hundred more residents and
a large daycare would dramatically change the character of our neighborhood and the
desirability of our homes. The city should weigh heavily the financial and emotional
investments that current residents have made in the community especially before
recommending a chance in zoning ordinances.
There are many high density residential zones where a large multifamily housing
project and large daycare center could be constructed currently without amendments to
the comprehensive plan. Many families in these high density apartments would need
access to city services which are not easily accessible at this location. Our area does
not have sidewalks, local access to the public transportation or a large police patrol
presence and that's ok because of the low density residential zone designation. The
local area does have a growing traffic issue that would be exacerbated by this project.
It is our hope that planning board members will consider this project as if it is
going to be built a few feet from their backyard and what impact that would have on their
quality of day to day life.
Thank You for this opportunity to voice our concerns.
Respectfully,
Todd and Kmberly Hillier