HomeMy WebLinkAbout2013-03-11 13-102 ORDINANCECOUNCIL ACTION
Item No. 13-102
Date: March 11, 2013
Item/Subject ORDINANCE, Amending Land Development Code — Contract Zone
Change — 900 and 954 Broadway from Contract Government and Institutional Service District
to Contract Government and Institutional Service District
Responsible Department: Planning Division
Commentary:
For Referral to Planning Board Meeting of Tuesday, March 19, 2013 at 7:00 P.M.
The applicants, St. Joseph Healthcare and M and J Company are requesting a contract zone
change to amend the contract conditions for two parcels of land located at 900 and 954
Broadway and containing approximately 20.3 acres from a Contract Government and
Institutional Service District to Contract Government and Institutional Service District. The first
contract was approved in 1997 to allow St. Joseph Hospital to development a medical office
complex on 17 acres on Broadway. Due to the adjacent residential properties along Broadway
the contract conditions required additional setbacks, extensive screening and building height
limitations. Approximately 10 years later the applicant acquired an adjacent 2 acre parcel and
rezoned it with somewhat similar contract conditions. In reviewing potential new development
that would span both properties it seemed appropriate to update the two contract zones into
one uniform district that would maintain the original intent for the property.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
/s/ Rosie Vanadestine
Dept. Head
V\,, - ",
City Manager
Finance Director
/W
City Solicitor
Introduced for
Passage
X First Reading Page 1 of 1
X Referral to Planning Board Meeting of March 19, 2013, 7:00 p.m.
13-102
MARCH 11, 2013
>_ Assigned to Councilor Sprague
.mer CI`T'Y OF BANGOR
� 4� ff9r
ED.
(TITLE.) Ordinance f Amending Land Development Code — Contract Zone Change —900
and 954 Broadway from a Contract Government and Institutional Service District to a Contract
Government and Institutional Service District.
Be it ordained by 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 two parcels of land located at 900 and 954 Broadway (Tax Map No. R40, Parcel
Nos. 3, and 4) from a Contract Government and Institutional Service District to a Contract
Government and Institutional Service District to change the contract conditions. Said parcels
of land containing approximately 20.3 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. Maximum I.S.R. .6.
B. Max Building Height 35 feet.
C. Site shall utilize one access off Broadway.
D. Site shall maintain a minimum setback of 50 feet for parking and buildings from
all adjoining properties and Broadway.
E. Site shall maintain existing vegetation in the 50 foot setback zone or a minimum
of the plantings in a 25 -foot B buffer.
F. There shall be no outdoor storage or display.
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
March 11, 2013
First Reading and Referral to Planning
Board Meeting of March 19, 2013
CITY ERR
IN CITY COUNCIL
April 8, 2013
Motion made and seconded for Passage
Vote: 9-0
Councilors Voting Yes: Baldacci, Blanchette,
Civiello, Gallant, Hawes, Longo, Nealley,
Sprague, Durgin
Councilors Voting No: None,
P s e
CITY CLERK
13-102
MEMORANDUM
DATE:
March 27, 2013
TO:
The Honorable City Council
FROM:
David G. Gould, Planning Officer
SUB3ECT:
Amending Zoning Ordinance
900 and 954 Broadway
Contract Government and Institutional Service District to
Contract Government and Institutional Service District
Council Ordinance 13-102
Please be advised that the Planning Board at its meeting on March 26, 2013,
held a Public Hearing on the above zone change request. Due to a conflict of interest
the Board voted that Chairman Sturgeon be excused from voting on this item.
Mr. Aaron Shaw, of the James Sewall Company, representing the applicant,
explained that the applicants, St. Joseph Healthcare and M&J Company, are requesting
a zone change from a Government and Institutional Service District to Government and
Institutional Service District with revised contract conditions. The property consists of
two parcels previously zoned contract Government and Institutional Service District.
Unfortunately, the parcels were rezoned at different times and have somewhat differing
contract conditions which would make development straddling both parcels overly
complicated. In talking with the Planning Staff they recommended, and the applicants
agreed, that one unified set of zoning conditions would clarify any concerns about the
two parcels' use and development standards. Mr. Shaw indicated that it is the
applicants' plan to construct another office building on the site.
As no one spoke either in favor of or in opposition to the zone change request,
Vice Chairman Damon closed the Public Hearing and asked for Staff comments.
Planning Officer Gould indicated that this is a request to rezone two parcels of
land from one contract zone change to another to amend the contract zone change
conditions in order for them to be consistent for both parcels of land. Mr. Gould
indicated that the applicants are considering additional office buildings that would span
between both properties. After review of several conceptual plans it was recommended
that a uniform set of development standards apply to all 20 acres. The contract
conditions would replace both of those previously approved. Mr. Gould indicated that
the proposed conditions include a fairly low Impervious Surface Ratio (ISR) for
commercial development as the District does not have an ISR limitation, and includes a
height limitation of 35 feet. The proposed single access limitation deals with access
management, and the setback and buffer yard standards are carried forward from the
original concept to soften the hard edge on Broadway. The Land Use and Zoning Policy
in the Comprehensive Plan both represent this as an institutional setting with Husson
13-102
University and Bangor High School facilities nearby. Planning Officer Gould indicated
that the Planning Staff found the revised contract conditions maintain the intent of the
two original contracts and should continue a sound development policy on this stretch
of Broadway. Staff recommended that the Board make a positive recommendation to
the City Council on C.O. #13-102.
Alternate Member Maller was concerned about the condition relative to cutting.
down 50 feet of existing vegetation and/or the provision of a 25' buffer. Mr. Shaw
indicated that the applicants would like to have that option. The driveway will need to
be closed off and new plantings will be installed. Mr. Kenney indicated that he would
not have a problem with this because he felt that the 50 feet of existing vegetation
would have no bearing as the ordinance only requires 25 feet. Mr. Maller questioned
this especially at the back end of the lot only requiring a 25' buffer. Planning Officer
Gould indicated that they would still have to have a setback of 50 feet. Mr. Gould noted
it was the intent that where existing vegetation was present within the 50 foot setback
it would be maintained and that if there was no existing vegetation that a B buffer
would be provided. The fifty foot area cannot be occupied by parking or buildings.
Mr. Kenney moved to recommend to the City Council that the contract zone
change request contained in C.O. # 13-102 be approved. Mr. Boothby seconded the
motion, which carried by a vote of 5 to 0.
Cl)
M,amh���,—Pppl
13-102
MARCH 11, 2013
7/11/2012
APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENI)MEN[T
TO: THE CITY COUNCIL, AND DATE: 2-15-13
THE PLANNING BOARD OF BANGOR, MAINE:
1.I(WE} St. Joseph Healthcare & M&J Company
2.of 360 Broadway Bangor Maine 207-907-1000.
Address City or Post Office Telephone
hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from
G&ISD district to the G&ISD district for the property outlined in red on the maps
attached hereto, which arc part of this application, and described as follows:
3. ADDRESS OF PROPERTY (if any) 954 and 900 Broadway
Total Area (acres or square feet) 20.3 acres --
4. PROPERTY LOCATION (General location): Example - South side of
State Street 400 yards. East of Pine Street
East side of outer Broadway, near intersection with Hobart Street.
S. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. r Parcel Lot# 3 & 4
6. EXISTING USI:: Business R-40
7. PROPOSED USE: Medical Office
St. Joseph Healthcare & M&J Company
8. NAME AND ADDRESS OF OWNER OF RECORD: Name
Address 360 Broadway, Bangor Me
K in Sedgwick, CFO
9. NAME AND ADDRESS OF CONTRACT OWNER (if sue 60 Broa wa , Bangor Me
10. SIGNATURE OF OWNER OR CONTRACT OWNER:
11. REPRESENTATIVE OF APPLICANT: Name Morris Switzer Enyio ets for Health, Jon M. Boyd, AIA
(if applicable)
Address 183 Middle Street, Portland, Me
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN FORM & DUPLICATE.. TO PLANNING DIVISION CITY HALL BANGOR ME.
Application fee Proeessi g 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