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Home My WebLink About2016-11-28 17-023 ORDINANCECOUNCIL ACTION Item No. 17-023 Date: November 28, 2016 Item/Subject ORDINANCE, Amending Land Development Code — Contract Zone Change — 72 Broadway (Tax Map 049-018) from an Urban Residence Two District to a Contract Government and Institutional Service District. Responsible Department: Planning Division Commentary: The applicant, John Bapst Memorial High School, is requesting a contract zone change for a parcel of land (.46 acres) located at 72 Broadway (Tax Map 049-018) from an Urban Residence Two District to a Contract Government and Institutional Service District. This proposed rezoning will expand the John Bapst Campus to across Penobscot Street on a property that is currently in an Urban Residence Two District (URD -2) where the existing use Is mixed use (dental office/residential). The property is presently within the Broadway Historic District, which will guide any exterior changes on the property. The contract owner seeks to operate as a mixed residential use facility (Private residence/student housing), and would be permitted use in the Government and Institutional Service District. !s! Tanya L. Emery Dept. Head Manager's Comments: For Referral to Planning Board Meeting of December 6, 2016 (;�qty Manager Associated Information: Budget Approval: Legal Approval: Finance Director City Solicitor Introduced for Passage X First Reading X Referral to Planning Board Meeting of December 6, 2016 7:00 p.m. 17-023 NOVEMBER 28, 2016 `_ Assigned to Councilor Perry CITY OF BANGOR �R4TEDFE/ (TITLE.)Ordinance,r Amending Land Development Code — Contract Zone Change — 72 Broadway (Tax Map 049-018) from an Urban Residence Two District to a Contract Government and Institutional Service Disrict. Be It ordained by the City Coul7c# 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 72 Broadway (Tax Map No. 049, Parcel No. 018) from an Urban Residence Two District to a Contract Government and Insitutional Service District. Said parcel of land containing approximately .46 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. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. The use of the Property shall continue to be subject to those requirements of the Bangor Historic Preservation Ordinance appicable to properties within the Broadway Historic District for so long as the 72 Broadway property is designated within that District. B. There shall be no more than two principal use structures on the property. 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 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 NOVEMBER 28, 2016 COr 17-023 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF DECEMBER 6, 2016 CITY CLERf IN CITY COUNCIL DECEMBER 12, 2016 COr 17-023 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 7-0 COUNCILORS VOTING YES: FAIRCLOTH, GRAHAM, NICHOLS, PERRY, TREMBLE, WESTON, SPRAGUE COUNCILORS VOTING NO: NONE PASSED CITY CLERK 17-023 NOVEMBER 28, 2016;` 7/1/2012 APPLICATION FOR LAND DEVELOPNT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE: November 1, 2016 THE PLANNING BOARD OF BANGOR, MAINE: I , 1. I(WE) john Bapst Memorial H�:gh School & RECEIVED EQ 2. of 100 Broadway, Bangor, Maine 04401 (207-947-0313 NOV 14 2016 Address City or Post Office Telephone �& ED and Planning hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying -from uRD-2 district to the G&ISD (contract)distriot 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) 72 Broadway Total Area (acres or square feet) 0.46 Acres 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street corner of West side- of Broddway.�and 6ouhh-;sn dei of Penobscot Street 5. ]LEGAL DESCRIPTION OF PROPERTY -Assessors Map No 49 Parcel 18 6, EXISTING USE: Mixed use (office/residential) 7. PROPOSED USE: Mixed residential use (Private residence/student housing) 8. NAME AND ADDRESS OF OWNER OF RECORD: Name John Bapst Memorial High School Addregg 100 Broadway 9. NAME AND ADDRESS OF CONTRACT OWNER (if such):N/A � < i 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name P. Andrew Hamilton, Esq. (if applicable) Address 80 Exchange Street, Bangor, Me 04401 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM & DMICATE TO PLANNING DIVISION CITY HALL, BANGQR. ME. Application fee krocessin AdvertisingTotal 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 17-023 NOVEMBER 28, 2016 G& S M SD . Pebsc n M&SD O t� 10 u .2 US &s DD DD N DD '�► crty or Azj. ai»e w w,0anpormsine.�v Feet 0 20 40 80 120 160 D lin= 97ft URD2 to G&ISD Contract MEMORANDUM DATE: December 7, 2016 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 72 Broadway — Urban Residence 2 District (URD -2) to contract Government and Institutional Service District (G&ISD) — Council Ordinance 17-023 Please be advised that the Planning Board at its meeting on December 6, 2016, 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. Mr. Andrew Hamilton, Esq. of Eaton Peabody indicated that he was representing John Bapst Memorial High School. Attorney Hamilton Introduced Mel McKay head of John Bapst. Mr. McKay indicated that he now resides at 72 Broadway and the school has an interest in renovating the carriage house into student housing. The students who come from abroad are not allowed to have cars at the school and the school provides them with support and supervision. Mr. McKay noted that is similar to what was done with the former Leen and Emery Law Office that was rezoned a few years back. Mr. Hamilton reviewed the details of the Comprehensive Plan and the rezoning application's consistency with the Plan. There were no opponents to the rezoning request. Planning Officer Gould indicated that the request was to rezone a half -acre parcel from URD -2 to G&ISD with two contract conditions. Mr. Gould reviewed the City's land use policy changes in the area which are reflected in the 1991 Zoning of this property and others from Residential 5 District to Urban Residence 2 District. The request is an extension of the John Bapst Campus to the other side of Penobscot Street where there was a dental office for many years (approved in 1984). Being within the Broadway Historic District any exterior building or site changes must obtain a Certificate of Appropriateness from the Historic Preservation Commission. That factor pretty much insures the site will not significantly change in exterior appearance. Member Mallar did have some concerns as to the allowable uses in G&ISD and whether those might be proposed should the property leave John Bapst's ownership. Mr. Gould noted that it is possible that other uses in G&ISD could occur within the walls of the building but given its exterior review standards and small lot area there is not 2 much room to plan some large institutional complex on this site. Attorney Hamilton noted the contract provisions indicate if there is a compliance concern the City has the ability to rezone the property back to the former zone. Chairman Kenney asked if the contract condition had to further limit the zone as both proposed conditions already exist on the site. 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 LeBlanc made a motion to recommend the City Council adopt C.O. # 17-023, amending the Zoning at 72 Broadway from Urban Residence 2 District to contract Government and Institutional Service District, John Bapst Memorial High School, applicant. Member Parizo seconded the motion and the Board voted three in favor (Kenney, Parizo and LeBlanc) and two opposed (Mallar and Hicks) to recommend 17- 023.