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Home My WebLink About2017-06-12 17-203 ORDINANCECOUNCIL ACTION Item No. 17-203 Date: June 12, 2017 Item/Subject Ordinance, Amending Land Development Code — Contract Zone Change — 6 Clinton Street from an Urban Service District to Downtown Development District - Map -Lot (042- 080) Responsible Department: Planning Division Commentary: The applicant, Team Prior, Inc. d/b/a Domino's Pizza, is requesting contract zone change for a parcel of land (9,733 sq. ft.) located at 6 Clinton Street (Tax Map -Lot 042-080) from an Urban Service District to Downtown Development District. The contract conditions indicate that front yard setback will be 15 feet, side and rear setback four feet (five feet for all new construction with min. of 10 feet separation from buildings on adjacent property), maximum building size 1,500 sq. ft. Max. Building height 35 feet. Only one principal building allowed, must provide a min. of five on-site parking spaces, maintain min. of six foot high stockade fence between parking and rear lot line, no drive through window allowed, and provide landscape buffer in northeast corner of property adjacent to the abutting historic property along High Street. Existing Urban Service District severely limits any expansion of the existing structure. /s/ Tanya L. Emery Dept. Head Manager's Comments: Associated Information: Budget Approval: Legal Approval: Cial /h City Manager Finance Director WIL city 9•Gciebr Introduced for Passage X f=irst Reading Page 1 of 1 X Referral to Planning Board Meeting on June 20th, 2017, 7:00 p.m 17-203 JUNE 12, 2017 _ Assigned to Councilor Graham CITY OF BANGOR 19ti ti � a TED., e� � � 4 (TITLE.) Ord 1 n a n C e r Amending Land Development Code — Contract Zone Change — 6 Clinton Street from an Urban Service District to Downtown Development District - Map -Lot (042-080) Be it ordained by the aty 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 6 Linton Street from an Urban Service District to Contract Downtown Development District. Said parcel of land containing approximately 9,733 sq. ft., and being more particularly indicated on the map attached hereto and made a parrt 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. Lot Requirements. Front Yard Setback 15 feet; side and rear setback four feet (five feet for all new construction with minimum of 10 feet separation from buidlings on adjacent property), maxinum building size 1,500 sq. ft. Maximum building height 35 feet. Only one principal building allowed. 2. Must provide minimum of five on-site parking spaces. Maintain minimum six foot high stockade fence between parking and rear lot line. 3. No drive through window allowed. 4. Provide landscape buffer in northeast corner of property adjacent to the abutting historic property along High Street. 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 JUNE 12, 2017 COr 17-203 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF JUNE 20, 2017 CITY CLERK IN CITY COUNCIL JUNE 26, 2017 COr 17-203 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUNCILORS VOTING YES: FAIRCLOTH, GRAHAM, NEALLEY, NICHOLS, SPRAGUE, TREMBLE, WESTON, BALDACCI COUNCILORS VOTING NO: NONE PASSED CITY CLERK USD USD G&,I.SD HAMMOND ST URD -2, URD -2 G&ISD Fq7 Proposed Change USD to DDD Contract 17-203 JUNE 12, 2017 7/1/2012 ARULC—ATION FOR, LAND DEVELOPMENT CODE Ah[D MAP AMENDMENT TO: THE CITY COUNCIL AND DATE: March 1. 2017 THE PLANNING BOARD OF BANGOR, MAINE: IRECEIVEDC-4 W 1. I(WE), - Team Prior Inc. 0 %6A 2. of _220 P MAY IS 26f7c.no Park Street Rockland, ME 594-9494 I Address City or Post Office Telephone C & ED and Planning L hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from USD . district to DDD 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) 6 ClintonStreet TotalArea (acres or square feet) 9,733 square feet 4. PROPERTY LOCATION (General location): Example - – East Side of Clinton Street 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. 42 Parcel 80 6. EXISTING USE: Domino Pizza 7. PROPOSED USE: Dominos Pizza 8. NAME AND ADDRESS OF OWNER OF RECORD: Name:- Robert J. Deak Living Trust 10.2-eirm I 1-atuj�A 3.37M Address: -5 , S -f, 0 v�14 e(4 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT. Name: Sean Thies, P.E. – CES, Inc. (if applicable) Address: P.4. Box 639, Brewer, ME 04412 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 SO words $1,900.00 $509.00** M be determined *Two Ads Required ** Advertising costs above this amount to be paid for by applicant. PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE 17-203 JUNE 12, 2017 MEMORANDUM DATE: June 21, 2017 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Clinton Street — Urban Service District (USD) to contract Downtown Development District — Council Ordinance 17- 203 Please be advised that the Planning Board at its meeting on June 20, 2017, held a Public Hearing on the above zone change request. Chairman Kenney opened the Public Hearing and asked the applicant or their representative to make a brief presentation of their application. Mr. Sean Thies, PE of Civil Engineering Services, indicated he was representing Dominos in the rezoning request. He indicated Dominos was seeking a small building addition which could not be accommodated in the existing Urban Service District due to setbacks. To enable even a small expansion would require utilizing a Downtown Development District. What was developed was a contract Downtown Development District which would facilitate a modest expansion of the building. Chair Kenney asked if there were any other proponents. Les Wilkinson, of Lipman & Katz indicated he represented the property owner Bob Deak, he noted he did not have a specific statement to make, but requested if he could see the buffer Exhibit described in the contract rezoning. There were no opponents to the rezoning request. The Board discussed the various contract conditions proposed. Chair Kenney was concerned that the 35 foot height limitation was well in excess of the existing structure. Mr. Thies indicated thirty five feet was the same as the existing Urban Service District. Member Hicks noted that many of the adjacent buildings are in excess of one story. 17-203 JUNE 12, 2017 2 Member Leblanc moved to recommend the proposed contract rezoning for 6 Clinton Street from Urban Service District to contract Downtown Development District. Member Boothby seconded the motion and the Board voted five in favor and two opposed to recommend the contract rezoning application.