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Home My WebLink About2008-11-10 09-007 ORDINANCECOUNCIL ACTION 00 00'7 Item No, Date: November 10, 2008 Item/Subject: Ordinance, Amending Land Development Code — Contract Zone Change — 954 Broadway from Low Density Residential District to Contract Government and Institutional Service District. Responsible Department: Planning Division Commentary: For Referral to Planning Board Meeting of Tuesday, November 18, 2008 at 7:00 P.M. M & J Corporation is requesting a contract zone change for a parcel of land containing approximately 2.22 acres and being located at 954 Broadway from Low Density Residential District to Contract Government and Institutional Service District. /s/ James D. Rina Department Head Manager's Comments: �. City Manager Associated Information: Budget Approval: Finance Director Legal Approval: Introduced for Passage X First Reading Page i of 1 X Referral to Planning Board Meeting of November 18, 2008, 7:00 p.m. E= 1 Assi ed to Councilor � Gratwick November 10, 2008 CITY OF BANGOR -0R4� 1E0 (TITLE.) Ordinance, Amending Land Development Code — Contract Zone Change — 954 Broadway from Low Density Residential District to 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 a parcel of land located at 954 Broadway (Tax Map No. R-40, Parcel No. 3) from Low Density Residential District to Contract Government and Institutional Service District. Said parcel containing approximately 2.22 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: The property shall be subject to the following limitations: 1. Use shall be limited to the existing building at 954 Broadway with a. no expansions of parking and maneuvering areas beyond 5,000 square feet exclusive of the existing access drive. b. There shall be no outdoor storage or display. 2. or, if the existing building were to be replaced or expanded, the following requirements shall apply a. Impervious Surface Ratio (ISR) shall not exceed .6 b. The property shall maintain or establish an equivalent minimum "C" buffer yard adjacent to any residential and/or Husson University properties. C. There shall be no outdoor storage or display d. Parking shall be located away from the Broadway frontage to the side or rear of any buildings. e. The existing site driveway shall be closed and the site served by the existing access driveway that serves 900 Broadway 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 10, 2008 Firsteading and Referred to th SP1 nning and CLERK IN CITY COUNCIL November 24, 2008 David Gould from Planning spoke and answered questions from the Council. Mr. Vaughn Smith of 54 Pine Ridge Road spoke in favor of passage Motion Made and Seconded for Passage Vote: 9-0 Councilors Voting Yes: Blanchette, Bronson, D'Errico, Gratwick, Hawes, Nealley, Palmer, Stone and Wheeler Councilors Voting No: None Passed DEPUTY CITY CLERK # 09-007 (T'IT'LE,) Amending Land Development Code Contract Zone Change - 954 Broadway from Low Density Residential District Contract Government and Institutional Service District Assigned to Councilor Aoo(�" M to G&ISD Cs G& ISD R S 41 LDR TO G&ISD 09 007 09 00'7 7/1/08 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE 44P O 7— 05 THE PLANNING BOARD OF BANGOR, MAINE: NO. 1. I (WE) .r IT Gold I? 2. of 31.0 646.0 Dr... y S"Z Address City or Post Office Telephone hereby petition to amend the Land Development llopment Code of the City of Bangor, Maine by recla sif ing from ((�� district to the C.c�� 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) Total Area (acres or square feet) Azcg-W� 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street $351.00* 5. LEGAL DESCRIPTION OF PROPERTY $351.00* $1,164.00--- 1,164.00'`Contract ContractZone Change - Assessors Map No.N4'V6 Parcel 6. EXISTING USE:— �,e5i -b g,L C 62 7. PROPOSED USE: O N C e 8. NAME AND ADDRESS OF OWNER OF RECORD: Name :54 m -p Address 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name (if applicable) Address 3(krood )cL-, Bru)r. ✓�' d `i l� � 12. 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) $508.00 $351.00* $ 859.00 Zone Change (in excess of 1/2 acre) $813.00 $351.00* $1,164.00--- 1,164.00'`Contract ContractZone Change $1„217.00 $437.00* $1,654.00 *Two Ads Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE r os 007 Proposed Contract Zone Change Conditions for 954 Broadway: The property shall be subject to the following limitations: Use shall be limited to the existing building at 954 Broadway, with a. no expansions of parking and maneuvering areas beyond 5,000 square feet exclusive of the existing access drive. b. There shall be no outdoor storage or display. 2. or if the existing building were to be replaced or expanded the following requirements shall apply a. Impervious Surface Ratio (ISR) shall not exceed .6 b. The property shall maintain or establish an equivalent minimum "C" buffer yard adjacent to any residential and/or Husson University properties. C. There shall be no outdoor storage or display d. Parking shall be located away from the Broadway frontage to the side or rear of any buildings. C. The existing site driveway shall be closed and the site served by the existing access driveway that serves 900 Broadway MEMORANDUM DATE: November 19, 2008 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 954 Broadway Council Ordinance 09-007 Please be advised that the Planning Board at its meeting on November 18, 2008, held a Public Hearing on the above contract zone change request. Mr. Vaughn Smith representing M W Corp indicated that the parcel proposed for rezoning was originally a portion of the larger parcel that was rezoned Government and Institutional Service District (G&ISD) and developed in 1996-1997 by MW Corp. The hospital's initial interest is to use the existing building for some of its home health nursing staff. They would be housed there but no client activity would take place there. Mr. Richard Mitchell of Orchard Hills indicated that he did have some concerns regarding access on Broadway and the eventual redevelopment of this parcel. The Board noted that the current discussion is about rezoning and prior to any site development, there would be additional meetings concerning the proposal at that time. Planning Officer David Gould indicated the property in question was identified in the Comprehensive Plan as Low Density Residential on both the Zoning Policy and Land Use Maps. Mr. Gould noted that in 1996, the City found the adjacent parcel was consistent with the Comprehensive Plan when specific contract zoning conditions were included. Mr. Gould noted the Planning Board's and City Council's decision becomes more complicated in a contract rezoning request because the Board not only has to review proposed district regulations but the additional restrictions provided by the contract conditions. In some instances the restrictions can mitigate some of the potential adverse impacts and provide a greater consistency than would a rezoning without contract conditions. Mr. Rosenblatt did not agree that contract conditions could alter the inconsistency between Low Density Residential Use called for in the Comprehensive Plan and Government and Institutional Service Uses requested in the rezoning. Members of the Board were pleased to see contract conditions dealing with access management but sought assurances from the applicant that those changes would be happening sooner rather than later. i Planning Officer Gould noted the contract conditions are structured to provide two separate levels of activity and conditions; one in the reuse of the existing structure and a second set of conditions if the existing structure is expanded, or replaced. Mr. Damon stated that he did not see the proposal as a spot zone or inconsistent with other zoning adjacent to it. Based on its consistency with the City's 1996 contact rezoning, the Planning Board voted five in favor and one opposed to recommend that the City Council adopt the proposed contract rezoning at 954 Broadway, for M& J Corp., applicant, contained in C.O. #09-007. Page 1 of 1 Mitchell, Susan From: Johnson, Lynn Sent: Monday, December 01, 2008 4:00 PM To: Mitchell, Susan Subject: Attested Copy of 09-007 Hi Sue, When you get a chance, could we have an attested copy of 09-007 along with the attached Map and other attachments. Did you have a nice Thanksgiving? Thanks, Lynn 12/1/2008