HomeMy WebLinkAbout2010-02-22 10-084 ORDINANCECOUNCIL ACTION
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Date: February 22, 2010 Item No. 0� 4
Item/Subject: Amending Land Development Code - Zone Change at 431 State
Street from Urban Service District to Government and Institutional
Service District..
Responsible Department: Planning Division
Commentary:
For Referral to Planning Board Meeting of March 2, 2010, 7:00 p.m.
The applicant, Eastern Maine Medical Center is requesting a zone change from Urban Service District to
Government and Institutional Service District for a .72 acre parcel located at 431 State Street.
/s/ James D. Ring
Department Head
Manager's Comments:
4w �ew
City Manager
Associated Information:
Budget Approval:
Finance Director
Legal Approval:
City Solicitor
Introduced for
Passage
X First Reading Page 1 of 1
X Referral to Planning Board Meeting of March 2, 2010
Assigned to Councilor - Gratwick
GI'TY OF BANGOR
:i. -j nd4
March 8, 2010
(TITLE.) Ord 1 n. a n C e Amending Land Development Code - Zone Change
at 431 State Street from Urban Service District to 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 part of a parcel of land located at 431 State Street (Tax
Map No. 59 part of Parcel No.25D) from Urban Service District to
Government and Institutional Service District. Said part of a parcel
containing approximately .72 acres and being more particularly
indicated on the map attached hereto and made a part hereof.
IN CITY COUNCIL
February 22, 2010
First Reading & Referral to
Planning Board Meeting of
March 2, 2010 at �7:OOpm
(;22/vV QXf
UTY CITY CLERK /
IN CITY COUNCIL
March 8, 2010
Motion Made and Seconded for Passage
Vote: 9-0
Councilors Voting Yes: Blanchette,
Bronson, Gratwick, Hawes, Nealley,
Palmer, Stone, Weston & Wheeler
Councilors -Voting No: None
Passed
D ITY CL RK
(TJTLE:',) Amending Land Development
(:ode — Zone change at 431 State Street
f* -nm Urban Service District to Government
and Tnstitutional Service District
Assigned to Councilor I'-✓ l��l
G
USD
TO G&ISD
.��i � URDi
ISD
m
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0
084
JAN -22-2010 09:2? COM AND ECON DEV 207 9454447 P.02i07
7/1/09
APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT
TO: THE CITY COUNCIL AND DATE_
THE PLANNING BOARD OF BANGOR, MAINE
1. I(WE) Eastern Maine Medical Center
February 2, 2010
NO.
2. of 431 State Street 973-7773
Address City or Post Office Telephone
" C'd4
.C.. `_1
hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from
USD district to the G&ISD district for the property outlined in red on the maps
attached hereto, which are part of this application, and descnled as follows:
3. ADDRESS OF PROPERTY (if any) 431 State Street
Total Area (acres or square feet) 0, 72 aca^es (see attached mapl
4. PROPERTY LOCATION (General locution): Example - South side of
State Street 400 yards. East of Pine Street Southeast side of State Street, west of Hancock
5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No59- Parcel 25D
6. EXISTING USE: Hospital
7. PROPOSED USE: Hospi a- --
8. NAME AND ADDRESS OF OWNER OF RECORD: NameEastern Maine Healthcare Real Estate Co.
Address 431 State Street
9. NAME AND ADDRESS OF CONTRACT OWNER (if such): _
10. SIGNATURE OF OWNER OR CONTRACT OWNER: f"OD ", �J-.
11. REPRESENTATIVE OF APPLICANT: Narne p Andrew Hamilton. Esa.
(if applicable)
Address 80. Exchange Street, P.O. Box 1210 , Bangor
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN FORM _& DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR., ME.
A lication fee
Processing AdvertisingTotal
Zone Change (1/2 acre or less) $549.00 $372.00* $ 921,00
Zone Change (in excess of 1/2 acre) $878.00 $372.00* $1,250.00
Contract Zone Change - 5 conditions or less $1,314.00 $463.00* $1,777.00
More than 5 conditions or 50 words $1,814.00 $463.00** $To be determined
*Two Acis Required ** Advertising costs above this amount to be paid for by applicant.
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE
MEMORANDUM
DATE:
March 3, 2010
TO:
The Honorable City Council
FROM:
David G. Gould, Planning Officer
SUB7ECT:
Amending Zoning Ordinance
431 State Street
Council Ordinance 10-084
Please be advised that the Planning Board at its meeting on March 2, 2010, held
a Public Hearing on the above zone change request.
Member Theeman and Alternate Member Bolin noted that they had affiliations
with Eastern Maine Medical Center and were recused from voting.
Attorney Andrew Hamilton represented the applicant, Eastern Maine Medical
Center, in its rezoning application. Mr. Hamilton briefly reviewed the history of the
Stetson Building and the likely reason it was zoned as a commercial use. Mr. Hamilton
noted that it was the hospital's intent to create a uniform district for the property such
that when the economic conditions improve the existing commercial zone will not add
to the complexity of any new development plans.
Planning Officer David Gould indicated that the property in question has been
commercially zoned for approximately 30 years or more. It is believed that the
commercial zone was put in place to accommodate a retail pharmacy in the Stetson
Building on the Eastern Maine Medical Center Campus in the early 1970's. Staff can only
speculate that the for-profit pharmacy was seen as only allowable as a commercial use
in a commercial district. A more current interpretation would allow a small portion of
the hospital's floor area to operate as a for-profit accessory use in a Government and
Institutional Service District (G&ISD).
The Comprehensive Plan does not represent the specific details of the
commercial district in its Land Use and Zoning Policy Maps, where the hospital property
is represented as intended for institutional uses.
Planning Board voted five in favor and none opposed to recommend that the City
Council adopt the proposed rezoning at 431 State Street as contained in C.O. 10-084.