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Home My WebLink About2015-01-12 15-057 ORDINANCECOUNCIL ACTION Item No. 15roji Date: January 12, 2015 Item/Subject Amending Land Development Code — Zone Change — 312 Hogan Road (Tax Map R62 -05F) from a General Commercial and Service District to a Government and Institutional Service District. Responsible Department: Planning Division Commentary: The applicant, Maine Community College System, is requesting a zone change for a parcel of land (2.63 acres) located at 312 Hogan Road (Tax Map R62 -05F) from a General Commercial and Service District to a Government and Institutional Service District. The zoning change will facilitate using the existing commercial building as a nonprofit educational facility. Government and Institutional Service District (G&ISD) is the standard district for institutional and nonprofit uses, such as municipal facilities, hospitals, and educational facilities. Manager's Comments: For Referral to Planning Board Meeting of January 20, 2015 at 7:00 p.m. Associated Information: Budget Approval: Legal Approval: /s/ Tanya L. Emery Dept. Head City Manager Finance Director 4��Ad - Ci Solicitor Introduced for Passage X First Reading Rage 1 of I __X_ Referral to Planning Board Meeting of January 20, 2015, 7:00 p.m. Assigned to Councilor Nealley CITY OF BANGOR 15-057 JANUARY 12, 2015 (TITLE.) O r d i n a n C e r Amending Land Development Cade — Zone Change — 312 Hogan Road (Tax Map R62 -05F) from a General Commercial and Service District to a Government and Institutional Service District. Be it ordained by the Oty Couna/ of the Oty 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 312 Hogan Road (Tax Map No. R-62, Parcel No. 5F) from a General Commercial and Service Distreict to a Government and Insitutional Service District. Said parcel of land containing approximately 2.63 acres and being more particularly indicated on the map attached hereto and made a part hereof. IN CITY COUNCIL JANUARY 12, 2015 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF JANUARY 20, 2015 CITY CLERK IN CITY COUNCIL JANUARY 26, 2015 MOTION MADE AND SECONDED TO POSTPONE TO THE NEXT CITY COUNCIL MEETING ON FEBRUARY 9, 2015 PASSED A�) CITY CLERK IN CITY COUNCIL FEBRUARY 9, 2015 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 6-1 COUNCILORS VOTING YES: FAIRCLOTH, GRAHAM, NEALLEY, PLOURDE, SPRAGUE, DURGIN COUNCILORS VOTING NO: CIVIELLO PASSED CITY CLE 15-057 JANUARY 12, 2015 0'00000000.! n GC&S to G&ISD . . . . . . . . . . G&ISD . . . . . . . . . . • GC&S GC&S .,Soso% fog. N faine It Feet'Allis #004 .4*4 0 50 100 200 300 400 15-057 JANUARY 12, 2015 7/1/2012 APPLICATLO F R LAND DE ELOPME T CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE: December 29 2014 THE PLANNING BOARD OF BANGOR, MAINE; 1. I(WE) Maine Community College System 2. of 323 State Street, Augusta, Maine 04330 Tei, (207) 767-0116 Address City or Post Office Telephone r� et t o amend the La�et$ifcte Clty of Bangor, Maine by reclassifying from an e ery � ef��' district to the D istrict 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) 312 H_oq n -Road . Total Area (acres or square feet)__2.63+/- acues 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street West -side of Hogan Road 5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No,R6Tarcel 005-F 6. EXISTING USE; Vacant warehouse building- 7. ui1di ng7. PROPOSED USE: Office space and public se^vi egeducati anal -facility 8. NAM)3 AND ADDRESS OF OWNER OF RECORD: Name [See Schedule A attached] Address-fSee Schedule A attached] I� o� t� c. t� t oR• 9, NAME AND ADDRESS OF CONTRACT OWNER (if such): 10, SIGNATURE OF OWNER OR CONTRACT OWNER: 11.. REPRESENTATIVE OF APPLICANT: Name Derek P. Langhauser, General Counsel (if applicable) Address 3 Adams Street, South Portland, Maine 04106 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM & DUPLIC TE TO PLANNING DIVISION, CITY HALL BANGQRME Appl cat on eeProcessing Advcr�ising_ Tom! 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 15-057 JANUARY 12, 2015 MEMORANDUM DATE: January 21, 2015 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 312 Hogan Road - General Commercial and Service District (GC&S) to Government and Institutional Service District (G&ISD) - Council Ordinance 15-057 Please be advised that the Planning Board at its meeting on January 20, 2015, held a Public Hearing on the above zone change request. Chairman Paul Bolin asked the applicant or their representative to make a brief presentation of the request. Member Kenney informed the Board that being employed by WBRC, who was the firm doing work for the applicant, he may have a conflict of interest. Member Williams moved that Member Kenney be excused. Member Boothby seconded the motion, and the Board voted unanimously that Member Kenney be excused. Chairman Bolin noted that Alternate Member Pete Parizo could vote on this item given the absence of Member Kenney. Mr. Dan Belyea Director of Administrative Services for Eastern Maine Community College representing Maine Community College System indicated that the College is seeking to change the zoning of this property to allow the school to expand its facilities in the existing vacant building. The property was previously owned by the school and through a property swap the land was sold for private commercial use. The land is situated so it can be easily merged into the existing EMCC Campus. There were no other proponents or opponents to the rezoning request. Member Mallar asked how traffic would work given the property has a shared driveway with the automobile dealership and no connections to the remainder of the campus. Mr. Belyea noted that they have looked at a potential inter -connection between the building and the rest of the campus. While the existing access on Hogan Road would serve the car dealership they did not see the need to utilize that drive. 15-057 JANUARY 12, 2015 2 Planning Officer Gould explained the prior actions by the City to amend the Land Use Plan and zoning to facilitate private commercial use. The application requires the Board to consider the guidance the plan offers and where the property is located. It would not be unreasonable to view the request as a shift in the boundary of the institutional boundary. Mr. Gould noted that the specific land use guidance of the Comprehensive Plan is not zoning it's a basis to help the City make decisions. Certainly without that framework, day-to-day decisions would be much less focused, but the Board is free to exercise its judgment in arriving at a recommendation. What is most helpful is to be clear as to why the Board reaches the conclusions it does. Member Mallar noted that the property, which is assessed at nearly a million dollars, would become nontaxable. Mr. Boothby asked if some means of payment in lieu of taxes would be possible. Mr. Belyea indicated that current State Law would prohibit it. However, the building is currently idle and the Community College System is willing to invest substantial money in Bangor to enhance its programs, which will be lost if the land use issues are not resolved. Member Boothby made a motion to recommend the proposed rezoning to the City Council. Member McCarthy seconded the motion. The Board voted six in favor and one opposed to recommend that the City Council approve the rezoning from General Commercial and Service District (GC&S) to Government and Institutional Service District (G&ISD) as contained in C.O. # 15-057.