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Home My WebLink About2016-09-12 16-342 ORDINANCECOUNCIL ACTION Item No. 16-342 Date: September 12, 2016 Item/Subject Amending Land Development Code — Contract Zone Change — 900 State Street (Tax Map R 71, Parcel 22) from a Low Density Residential District to a Contract Government & Institutional Service District. Responsible Department: Planning Division Commentary: The applicant, Julie Sites is requesting a contract zone change for a 6.2 acre parcel of land located at 900 State Street (Tax Map R71, 22), from Low Density Residential District to a Contract Government and Institutional Service District. The proposed contract conditions will allow the existing large single family home, known as the William Peters House to be used as a nonprofit wellness center. The William Peters House, built in 1911, was designed by architect Milton Stratton in the Neo Rationalist style. In addition, the property includes gardens designed by Olmsted Brothers, Landscape Architects. Both elements give it some historical significance in the City of Bangor. If approved, the proposed conditions for the contract zone will require the structure to be designated under the Historic Preservation Ordinance. Any new structures will be limited to 35 feet in height, 10,000 square feet in floor area and not exceed an Impervious Surface Ratio of 40%. /s/ Tanya L. Emery Dept. Head Manager's Comments: For Referral to Planning Board Meeting of September 20, 2016 at 7:00 p.m. eca','Q a-) City Manager Associated Information: Budget Approval: Finance Director Legal Approval: Introduced for Passage X First Reading Page 1 of 1 X Referral to Planning Board Meeting of September 20, 2016,7:00 p.m. 16-342 SEPTEMBER 12, 2016 . Assigned to Councilor Nealley fBA CITY OF BANGOR AO 6,ry'.'a �N4TEE D.ff. t (TITLE.) O r d i n a I 1 C e r Amending Land Development Code — Contract Zone Change — 900 State Street (Tax Map R71-022) from a Low Density Residential District to a Contract Government and Institutional Service Disrict. Be it ordained by the City Council of the Oty of Bangor, as follows.- THAT ollows. 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 900 State Street (Tax Map No. R71, Parcel No. 022) from an Low Density Residential District to a Contract Government and Insitutional Service District. Said parcel of land containing approximately 6.22 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. Limited to the following Permitted Uses: a. Facilities operated by a private nonprofit organization such as a holistic wellness center which shall be primarily located in the former Dr. William Peters House and designated as a Historic Landmark under the Bangor Historic Preservation Ordinance. 2. New structures or additions shall not exceed 35 feet in height. 3. Total gross floor area per structure shall not exceed 10,000 SF. 4. Maximum Impervious Surface Ratio (ISR) shall not exceed 40% S. Prohibited Uses: Any use not specifically listed above. 2. 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 IN CITY COUNCIL SEPTEMBER 12, 2016 COr 16-342 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF SEPTEMBER 20, 2016 CITY CLERKF IN CITY COUNCIL SEPTEMBER 26, 2016 COr 16-342 MOTION MADE AND SECONDED TO POSTPONE TO OCTOBER 12, 2016 CITY COUNCIL MEETING PASSED TO POSTPONE CITY CLE IN CITY COUNCIL OCTOBER 12, 2016 COr 16-342 MOTION MADE AND SECONDED TO POSTPONE TO THE NOVEMBER 14, 2016 CITY COUNCIL MEETING PASSED TO POSTPONE CITY CLERK IN CITY COUNCIL NOVEMBER 14, 2016 COr 16-342 MOTION MADE AND SECONDED TO POSTPONE INDEFINITELY PASSED TO POSTPONE INDEFINITELY EPUTY CITY CLERK 16-342 SEPTEMBER 12, 2016 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. 16-342 SEPTEMBER 12, 2016 , -5flOC :�IVC-b MAY 11 2016 WMIDAnd Planning APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE: THE PLANNING BOARD OF BANGOR, MAINE: 1. I(WE) .wL16 0_s e.r.-.£' 2. of 0/0 S) -A?' sT, . /.�A jrQy Address City or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from /-,Op district to the T1 s OQ 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 (if any)--!? Total Area (acres or square feet} 6. .2 z /17Cle6$ 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 Warcel_2 2 6. EXISTING USE: 7. PROPOSED USE: ,j?/Zll/lU& MOW- Rgoe fi NAME AND ADDRESS OF OWNER OF RECORD: Name J'ULl,E A SIA -.l Address` 7,,(U LI= !M21, 9. NAME AND ADDRESS OF CONTRACT OWNER (if stash): 9&11t r 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name (if applicable) Address I2. 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 loss1,377.00 $509.00#. $1,$86.00 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 00 I 'W Il:AUK CIA �.wlIi Ma 900 Hammond Street Map R71, Lot 22 Existing Zoning: Low Density Residential Existing Use: Single Family Residential 16-342 SEPTEMBER 12, 2016 RECEIVED AUG 2 6 2016 C & ED and Planning Proposed Zone Change: Government & Institutional Service District - Contract Proposed Contract Zone Language: 1. Limited to the following Permitted uses: a. Facilities operated by a private nonprofit organization such as a holistic wellness center which shall be primarily located in the former Dr. William C. Peters House and designated as a Historic Landmark under the Bangor Historic Preservation Ordinance. 2. New structures or additions shall not exceed 35 feet in height. 3. Total gross floor area per structure shall not exceed 10,000 SF. 4. Maximum Impervious Surface Ration (ISR) of 40% S. Prohibited Uses: Any use not specifically noted above. 16-342 SEPTEMBER 26,2016 MEMORANDUM DATE: September 21, 2016 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 900 State Street — Low Density Residential District (LDR) to Contract Government and Institutional Service District (G&ISD) — Council Ordinance 16-342 Please be advised that the Planning Board at its meeting on September 20, 2016, held a Public Hearing on the above contract zone change request. Chairman Kenney opened the Public Hearing and asked the applicant or their representative to make a brief presentation of their application. Ms. Julie Sites, owner of the property indicated the request was intended to reuse the big house and preserve the property. Sandy Fortin, stated she represented Green Gem who operates a nonprofit center which seeks to preserve the historic property. Claire Ackroyd, a landscape designer noted while some landscape work has been detrimental to the environment, they have embraced a concept where the landscape would be a part of the overall wellness plan. Ms. Ackroyd noted she had done previous work in the gardens originally designed by the Olmstead Bothers. Sandy Cyrus a yoga instructor and schedule coordinator for Green Gem was in support of the concept. Joe Harkins, 62 Meadowbrook Road, an abutting property owner indicated he thought the plan was a good one for the property. He noted he did not have a good deal of background in zoning but found the proposed plan was good. Cindy Conner -Self, 50 Meadowbrook Road, was favorable to the plan and was happy to see the property stay open and provide linkages to nearby trails. Sarah Barnard stated the property reflects Bangor's development over time. Chairman Kenney asked if there were any present in opposition to the proposed rezoning request. 16-342 SEPTEMBER 16, 2016 Mr. AI Holzwarth stated he lived at the corner of State Street and Meadowbrook Road for 48 years. He was concerned that the property may become multi -family buildings all uphill of his lot. As the Green Gem becomes more popular it will bring more traffic and noise to the building. He noted the contract conditions provided for other 10,000 square foot structures. Mike D'Errico, 22 Meadowbrook Road, noted people had cited the stand of trees, he recalls when they were planted some years ago. The area is developed as single family homes and more development is not what he would favor. Member Williams noted the contract language allowed for additional buildings. Ms. Sites stated the current zoning, Low Density Residential, will allow many more structures be built. Planning Officer Gould indicated that the contract rezoning allows the applicant to add additional limitations to the district than would otherwise not appear. The Board will need to make a recommendation to the City Council based on the contract before them. One key element not to be overlooked is the site does contain a valuable historic resource, which is not currently protected. Chairman Kenney indicated that he understands what the petitioners are requesting but does not feel comfortable at this time with the contact conditions as proposed. Member Williams made a motion to recommend the Council adopt C. 0. # 16- 342. Member Boothby seconded the Motion. The Board voted two in favor and four opposed, a recommendation to not recommend the contract zoning change at 900 State Street from Low Density residential to contract Governmental and Service District — Council Ordinance #16-342.