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HomeMy WebLinkAbout2017-05-22 17-181 ORDINANCECOUNCIL ACTION Item No. 17-181 Date: May 22, 2017 Iter/Subject - Ordinance Amending Land Development Code — Zone Change — 126 Third Street from an Urban Residence 2 District to a Government and Institutional Service District. Tax -Map (034-217) Responsible Department: Planning Division Commentary: The Crosspoint Church, is requesting a zone change for a parcel of land (6,534 square feet) located at 126 Third Street (Tax Map 034- parcel 217) from an Urban Residence 2 District to a Government and Institutional Service District. The church wishes to establish a place of worship within the neighborhood they serve. Manager's Comments: For Referral to Planning Board Meeting of June 6, 2017 at 7:00 p.m. Associated Information: Budget Approval: Legal Approval: /s/ Tanga L. Emery Dept. Head City Manager Finance Director i City"56licitor Introduced for Passage X First Reading Page _1 of I _ X Referral to Planning Board Meeting of June 6, 20170,7:00 p.m. 17-181 MAY 22, 2017 Assigned to Councilor Nealley CITY OF BANGOR Rq FE (TITLE.) Ordinance, Amending Land Development Code — Zone Change — 126 Third Street from an Urban Residence 2 District (URD -2) to a Government and Institutional Service Disrict (G&ISD). Map -Lot (034-217) 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 126 Third Street (Tax Map No. 034, Parcel No. 217) from an Urban Residence 2 District to a Government and Institutional Service District. Said parcel of land containing approximately 6,534 square feet and being more particularly indicated on the map attached hereto and made a part hereof. IN CITY COUNCIL MAY 22, 2017 COr i 17 481 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF JUNE 6, 2017 EPUTY ClCLERK IN CITY COUNCIL JUNE 12, 2017 COr 17-181 MOTION MADE AND SECONDED FOR PASSAGE 0-8 COUNCILORS VOTING YES: NONE COUNCILORS VOTING NO: FAIRCLOTH, NEALLEY, NICHOLS, PERRY SPRAGUE, TREMBLE, WESTON, BALDACCI MOTION FAILED jArgWA �W-W TO: THE CITY COUNCIL AND THE PLANNING BOARD 0 L I(WE) C-�rC>,--5'f.VZV 2. of IY76 Address 17-181 MAY 22, 2017 9 MOEIVED tclwg ML 7/11*Y20 5 2017 �EVELOPM ENT CODE AND MAP AMENDME4 & ED and Planning DATE: POR, M41NE: I uul�lkl 13ev4L�A� 6YWi 17q-*)-6,5-7� City or Post Office - Telephone hereby titian to amend the Land Development Code of the City of Bangor, Maine by reclassifying from 0-1- district to the 6 / S-0, 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 (ifany)__.__t e> d 'Yyree'-f- Total Area (acres or square feet) . 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street bf --;/-Cl 5. 6. 7 LEGAL DESCRIP EXISTING USE: PROPOSED USE: 9. NAME AND ADDRESS OF OWNER OF RECORD: Name NtXJH-0 &- OM( ale 'ro'-A dlvjvs�"s 'z4w. N 0"?9 Address r. O 90 9. NAME AND ADDRESS OF CONTRACT OWNER(if such): 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OFAPPLICANT: Name.1 V I/ (if applicable) Address 0 Y-ilpo 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* $ 985.00 Zone Change (in excess of 1/2 acre) $920.00 $410,00* $1,330.00 Contract Zone Change - 5 conditions or less $1,377,00 $509.00* $1,886.00 More than 5 conditions or 50 words $1,900.00 $509,00** $To be determined *Two Ads Required ** Advertising costs above this amount to be paid for by applicant. PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE s0 7 9� N O URD -2 Date; Q $ S By: Na Feet • / / 0 95 30 00 80 120 f 1h•B7R i 4j-- URD -2 TO G&ISD. 17-181 MAY 22, 2017 MEMORANDUM DATE: June 7, 2017 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 129 Third Street — Urban Residence 2 District to Government and Institutional Service District (G&ISD) (G&ISD) - Council Ordinance 17-181 Please be advised that the Planning Board at its meeting on June 6, 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. Pastor Terry Dinkins indicated that he represented the Mansion Church, requesting the property be rezoned from to Urban Residence 2 District to Government and Institutional Service District. He indicated the current owners would gift the building to the church such they could provide their services to the people in the neighborhood. Pastor Dinkins noted the church had work with prison ministries and people with drug and alcohol addictions. Member Guerrette asked what type of uses would be allowed in G&ISD. Mr. Gould noted that the first use listed in G&ISD was "facilities operated by public agencies or private nonprofit organizations limited to health education social welfare and cultural uses". This is a wide variety of potential users, such as Husson University, Penobscot County, City of Bangor, State of Maine and a host of nonprofit entities which could operate programs from a G&ISD zoned property. Irene Larrabe noted she was a member of the church and many members did not have cars and would walk to services or get rides in the Church Van. Other church members spoke of the assistance the church had provided them to improve their lives. Planning Officer Gould indicated that the request was to rezone a fairly small lot in a residentail area to a Government and Institutional District. The parcel was mostly covered by building and there was very little room for off street parking. The thrift store likely has some grandfathered parking, but may not equal with has be projected as the occupancy of the proposed church. As with all rezoning's the decision for the City to make is, "is the request consistent with the Comprehensive Plan". The Plan graphically lays out commercial 17-181 MAY 22, 2017 2 areas, industrial areas, residential areas and areas for future growth of similar uses. While there are some large institutional areas it's much harder for the plan to predict where an institution may want to locate. The Board should hear from proponents and opponents and decide if the district can fit into the neighborhood. The Board discussed parking and other potential uses in G&ISD as a concern. As to a potential contract zone, Mr. Gould noted there were not a lot of options for this property given its size and nonconformities. Member Boothby made a motion to recommend the City Council adopt C.O. # 17- 181, amending the Zoning of 126 Third Street from Urban Residence 2 District to a Government and Institutional Service District. Member McCarthy seconded the motion. The Board voted none in favor and seven opposed. The Board therefore voted to not to recommend the City Council pass C.O. #17-181.