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Home My WebLink About2017-06-12 17-204 ORDINANCECOUNCIL ACTION Item No. 17-204 Date: June 12, 2017 Item/Subject Ordinance, Amending Land Development Code — Contract Zone Change — 220 Union Street from an Urban Service District to an Urban Service District, updating the contract conditions — Map -Lot (034-140) Responsible Department: Planning Division Commentary: The applicant, Stillwater Realty, LLC, is requesting contract zone conditions change for a parcel of land (19,706 sq. ft.) located at 220 Union Street (Tax Map 034-140) from Urban Service District, to Urban Service District, changing contract conditions. The contract conditions are as follows; 1) The use/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A) there shall be no curb cut from the property to Fourth Street, B) the property shall maintain current buffer plantings as per the site plan approved February 5, 1991. The revision will remove the restriction of for parking only and will remove the required fence as part of the buffer /s/ Tanya L. Emery Dept. Head Manager's Comments: For Referral to City Council Meeting of June 12th, 2017 at 7:00 p.m. City Manager Associated Information: Budget Approval: Finance Director Legal Approval: City Solicitor Introduced for Passage X First Reading Page 1 of I X Referral to Planning Board Meeting on June 20th, 2017, 7:00 p.m �/11 OF 9q,y�Os pAr Y 1~ j .e O 6' RgJEU.F4 Assigned to Councilor Faircioth CITY OF BANGOR 17-204 JUNE 20, 2017 (TITLE.) O r d i n a Irl G e , Amending Land Development Cade — Contract Zone Change - 220 Union Street from an Urban Service District to an Urban Service District, updating the contract conditions - Map -Lot (034-140) 8e It anoW ed by the City Cott f of the Cty of,atgor, as folksw THAT the zoning boundary lines as established by the Zoning Map of the City of Bangor dated October 281 1991, as amended, be hereby further amended as follows: By changing a parcel of land located at or about 220 Union Street from an Urban Service District to an Urban Service District, changing only the contract conditions. Said parcel of lard containing approximately 19,766 sq. ft., and being more particularly indicated on the map attached reto 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. The use and/or operation of the subject premises shall be subject to the following limkitations and/or restrictions; A. There shall be no curb cut from the property to Fourth Street. B. The property shall maintain current buffer plantings as per the site plan approved February 5, 1991. Execution by these 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 17-204 1 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF JUNE 20, 2017 CITY C IN CITY COUNCIL JUNE 26, 2017 COr 17-204 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 AJ-J�a4 CITY CLERK 17-204 RECEIVE i tP(SA JM 12, 2017 MAY 2 6 7017 WA�D and Planning 7/1/2012 APPLICATION FOR LAND LOPM ENT CODE AND M A P AMENDMENT TO: THE CITY COUNCIL AND DATE: 05/23/2017 THE PLANNING BOARD OF BANGOR, MAINE: 1. I(WE) Stillwater Realty LLC 2. of 6 State Street, PO Box 2400, Bangor Maine, 04402 (207)947-6737 Address City or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from USD Contract district to the USD Contract district for the property outlined in red on the maps attached hereto, which are part of this application, and described as follows: ADDRESS OF PROPERTY (ifany) 220 Union Street 'Fotal Area (acres or square feet) 19,706 square feet 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street Western corner of rear parking lot for 3rd & Union (abutting 4th Street) 5. LEGAL DESCRIPTION 01= PROPERTY - Assessors Map No.34 Parcel Part of Parcel 140 6. EXISTING USE: Parking Lot PROPOSED USE: Parking Lot NAME AND ADDRESS OF OWNER OF RECORD: Name Stillwater Realty LLC, Carol A. Epstein, Manager Address 6 State Street, PO Box 2400, Bangor Maine, 04402 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): 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'ro PLANNING DIVISION, CITY HALL, BANGOR, ME. Application fe 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 a1110L111t to be paid for by applicant. PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE HAMMOND ST USD URD -2 USD /X USD U R URD -2 - Amended Terms to Contract Zone 17-204 JUNE 12, 2017 MEMORANDUM DATE: June 21, 2017 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Union Street — Urban Service District to Urban Service District (USD) change in the contract conditions — Council Ordinance 17-204 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. Nathaniel Seekins of Epstein Properties indicated they would like to amend the current contract conditions on the portion of their property on Fourth Street. They would like to eliminate the fencing requirement which was part of the 1990 contract rezoning. Planning Officer Gould advised the Board that the applicant's rezoning request was based on a discussion he had with the property owner to look at whether the contract conditions were still warranted. Two conditions stood out as valuable: the limitation of access to Fourth Street, and maintaining the planted buffer established in 1991. Since the 1990 request, the Comprehensive Plan has been revised three times, with more of the site anticipated as commercial land use. It was noted that the limitation of no building being allowed on this portion of the property was removed, but the applicant has no immediate plans to construct a building at the site. There were no opponents to the rezoning. Member Guerrette asked if the site would have adequate parking for an expansion. Planner Gould indicated he did not know off hand, but any new construction would go through the standard permitting procedures and review would be undertaken. Member Guerette made a motion to recommend that the City Council adopt the application from Stillwater Realty to amend the contract conditions in the Urban Service District (USD) — Council Ordinance 17-204. Member Durgin seconded the motion and the Board voted unanimously to recommend the contract rezoning request.