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Home My WebLink About2016-04-25 16-168 ORDINANCECOUNCIL ACTION Item No. 16-168 Date: April 25, 2016 Item/Subject Ordinance, Amending Land Development Code — Contract Zone Change — 656 State Street and the State Hospital Drive (Tax Map R63-008) from a Low Density Residential District to a Contract Government and Institutional Service District. Responsible Department: Planning Division Commentary: The applicant, Emera Maine, is requesting a contract zone change for part of a parcel of land (1.81 acres) located at 656 State Street (Tax Map R63-008) from a Low Density Residential District to a Contract Government and Institutional Service District. The property to be rezoned is vacant field on the grounds of Dorthea Dix Psychiatric Center. The applicant seeks to build an electrical substation. The contract conditions will allow only a small structure to be constructed on the rezoned land (5,519 Square Feet) and not exceed 35 feet in height. The City previously had concerns that a large intuitional structure would be constructed next to the low density residential neighborhood. Manager's Comments: For Referral to Planning Board Meeting of May 3, 2016 at 7:00 p.m. Associated Information: Budget Approval: Legal Approval: /s/ Tanya L. Emery Dept. Head Finance Director City Solicitor Introduced for Passage X First Reading Page —k of 1 , X Referral to Planning Board Meeting of May 3,,2016,,7:00 p.m 16-168 APRIL 25, 2016 Assigned to Councilor Graham Oyu CITY OF BANGOR (TITLE.) Ord 1 n a n C e f Amending Land Development Code — Contract Zone Change — 656 State Street (Tax Map R63-008) from a Low Density Residential District to a Contract Government and Institutional Service Disrict. Be it ordained by the City Council of the aty of Bangor, as fo/%ws• 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 part of a parcel of land located at 656 State sheet and the State Hospital drive (Tax Map No. R63, Parcel No. 008) from a Low Density Residential District to a Contract Government and Institutional Service District. Said part of a parcel of land containing approximately 1.81 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 Height of Buildings to be no greater than 35 feet. B. Maximum Lot Coverage (of buildings) 7%. 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 APRIL 25, 2016 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF MAY 3, 2016 CITY CLEft IN CITY COUNCIL MAY 9, 2016 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUNCILIORS VOTING YES: BALDACCI, DURGIN, GRAHAM, NEALLEY, PERRY PLOURDE, SPRAGUE, FAIRCLOTH COUNCILORS VOTING NO; NONE COUNCILORS ABSENT FOR VOTE; NICHOLS PASSED CITY CLERK 16-168 APRIL 25, 2016 7/1/2012 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE: April 1, 2016 THE PLANNING BOARD OF BANGOR, MAINE: 2. of PO Box 932 Bangor, ME 207-973-2608 Address City or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from LDR district to the G&SI _ 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) NA _ Total Area (acres or square feet) 4. PROPERTY LOCATION (General location): Proposed substation sited in an existing field along Hospital Drive opposite the Maine Veterans Home in Bangor. 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No.R63Parcel rots 8 and se 6. EXISTING USE: Undeveloped 7. PROPOSED USE: Substation NAME AND ADDRESS OF OWNER OF RECORD: Name Ronald McDonald House Charities of h4ainc State of Maine, Dept of Financial & Administrative Scmices 250 Brackett Street Bureau of General Services Portland, ME 04302 77 State House Station Attn: Robin Chibroski, Executive Director Augusta, ME 04333-0077 NAME AND ADDRESS OF CONTRACT OWNER (if such):_ Elnera Maine 10, SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name_QjLA _p&gttette (if applicable) Address V f i 13 _�OkS_t�lt -o l Dr'v_e,, SQuO i'ortland, ME 04106 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM & DUPLICATE TO PLANNING DIVISION CITY HALL, BANGOR, ME. Application fee Processin; 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 *TNvo Ads Required ** Advertising costs above this amount to be paid for by applicant. PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE RECEIVED APR - 4 2016 C & ED and Planning 16-168 APRIL 25, 2016 EXHIBIT A CONDITIONS EMERA MAINE REQUEST FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT CONTRACT ZONE CHANGE 1. Maximum Height of Buildings to be no greater than 35 feet 2. Maximum Lot Coverage (of buildings) 7% 16-168 APRIL 25, 2016 LDR to G&ISD Contract MEMORANDUM DATE: May 4, 2016 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 656 State Street- Low Density Residential District (LDR) to Contract Government & Institutional Service District (G&ISD) - Council Ordinance 16-168 Please be advised that the Planning Board at its meeting on May 3, 2016 held a public hearing on the application of Emera Maine to rezone a 1.81 acre parcel of land from Low Density Residential (LDR) District to Contract Government and Institutional Service District (G&ISD). Robert Platt, Project Manager, Transmission Development of Emera Maine provided the Planning Board with an overview of the proposed electrical substation. He noted the adjustments made to the location of the project to fit into a wide array of concerns at the site including adjacent neighbors, the Saxl Park Committee, Bangor Land Trust and others. Sharon Sprague, Superintendent of Dorothea Dix Psychiatric Center spoke in favor of the rezoning. Lucy Quimby noted she had spent a great deal of time with the Saxl Park Committee and brought Jim Ring to assist in ironing out the details to meet the requirements of the Park and facilitate the new substation. They were happy in the end that all of the details could be worked out. Mr. Platt noted that the new transformer is intended in part to support Eastern Maine Medical Center's new tower project. Some of the equipment in the substation will be designated specifically for the hospital's use. Planner Gould noted that this piece of State property was rezoned in 1994 to Low Density residential over concerns of a juvenile detention facility being built on the property. Mr. Gould noted that the contract conditions were intended to allow the Institutional substation use without opening the door to a large institutional structure of a height of 80 feet. 2 Board Member Pete Parizo noted that he had a potential conflict of interest as he works for Sargent, who is slated to do some of the project. The remaining Board members voted to excuse Member Parizo from participating in the discussion and vote. Member Williams moved to recommend that the City Council adopt the contract zone change as proposed. Member Boothby seconded the motion and the Board voted unanimously to recommend it to the City Council.