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HomeMy WebLinkAbout2014-06-23 14-225 ORDINANCECOUNCIL ACTION Item No. 14-.22 Date: June 23, 2014 Item/Subject Amending Land Development Code — Contract Zone Change — 127 Hammond Street (Tax Map 041-020) from a Government and Institutional Service District to a Contract Downtown Development District. Responsible Department: Planning Division Commentary: The applicant, New England School of Dental Technology, is requesting a contract zone change for a parcel of land located at 127 Hammond Street (former YMCA building) (Tax Map 041-020) from a Government and Institutional Service District to a Contract Downtown Development District. The site's zoning reflects its prior ownership by a nonprofit organization. While some of the anticipated uses fit within the guidelines of G&ISD some for-profit elements do not. The applicant has proposed two contract conditions to limit the potential impact on this portion of downtown. The contract zone change conditions will require that the existing 56 on-site parking spaces be maintained for use by the building tenants and that the current square footage of the building be maintained with only an additional increase of 10 percent. Manager's Comments: For Referral to Planning Board Meeting of July 1, 2014 at 7:00 p.m. Associated Information: Budget Approval: Legal Approval: Dept. Head C -as tvx City Manager Finance Director City olicitor Introduced for Passage X First Reading Page 1 of 1 X Referral to Planning Board Meeting of July 1, 2014, 7:00 p.m. Assigned to Councilor Nealley CITY OF BANGOR 14-225 JUNE 23, 2014 (TITLE.) O r d i n a n C e f Amending Land Development Code — Contract Zone Change — 127 Hammond Street (Tax Map 041-020) from a Government and Institutional Service District to a Contract Downtown Development District. Be it ordained by the City Counv/ of the Clty of Bangor as follow.- THAT ollows. 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 127 Hammond Street (Tax Map No. 41, Parcel No. 20) from a Government and Institutional Service District to a Contract Downtown Development District. Said parcel of land containing approximately 1.48 acne; 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. 56 parking spaces will be maintained for use by building tenants. B. Property will maintain current square footage equalling 51,804 SF plus an additional 10% increase. 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. r IN CITY COUNCIL JUNE 23, 2014 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING6 OF JULY 1, 2014 AJ CITY CIAK IN CITY COUNCIL JULY 14, 2014 MOTION MADE AND SECONDED FOR PASSAGE VOTE:9-0 COUNILORS VOTING YES: BALDACCI, BLANCHETTE, CIVIELLO, DURGIN, GALLANT, GRAHAM, NEALLEY, PLOURDE, SPRAGUE COUNCILORS VOTING NO: NONE PASSED G&ISD to DDD Contract OND 14-225 JUNE 23, 2014 14-225 JUNE 23, 2014 7/1/2012 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND 2. DATE: (� / a / S/ Address City or Post Ofrice Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from +.'SD district to the DDD ('o%ffAyj' 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)1dl y-Q,ytmond� rawer MEiX/yo/ Total Area {acres or square feet} _Z. 4F& C oAl�i� 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street 5. 6. 7. 8. J LEGAL DESCRIPTION OF PROPERTY - Assessors Map No._jParcel d EXISTING USE:__ VaeanZ PROPOSED USE: Arjous A&M NAME AND ADDRESS OF OWNER OF RECORD: Name kftU M j—' &xh" Address &2 &d4w Bresae Lac rkr 4&0e uen ay -w/ NAME AND ADDRESS OF CONTRACT OWNER (if such): 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name_ A4/k (if applicable) Address 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM & DUPLICATE TO PLANNING DIVISION CITY HALL BANGOR ME Application fee Processing 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 *Two Ads Required ** Advertising costs above this amount to be paid for by applicant. PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE 14-225 JUNE 23, 2014 Conditions Proposed for Contract Zone Request Further limitations to subject property: 1.) 56 parking spaces will be maintained for use by building tenants. 2.) Property will maintain current square footage equaling 51,804 SF plus an additional 10% increase. 14-225 JUNE 23, 2014 MEMORANDUM DATE: July 3, 2014 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 127 Hammond Street (Tax Map 041-020) - From Government & Institutional Service District to Contract Downtown Development District - Council Ordinance 14- 225. Please be advised that the Planning Board at its meeting on July 1, 2014, held a Public Hearing on the above zone change request. Chairman Sturgeon opened the Public Hearing and asked the applicant or their representative to provide a brief overview of their request. Mr. William Buxton, of the New England School of Dental Technology indicated that the school had acquired the building with an interest in training new students as there are limited numbers of denturists to serve the population. With no schools nearby the future does not look promising. He noted as things have progressed with the building they have found a need for some related services and associated endeavors that would like to be located in the building, but presently cannot due to the institutional zoning of the property. Chairman Sturgeon asked if there were proponents of the rezoning proposal. Mr. William Collins, Penobscot County Administrator, indicated to the Board that the County Commissioners were in support of the Dental School's rezoning request. Mr. Collins noted that since their acquisition of the former YMCA, Mr. Buxton and the school staff have been very good to deal with. Planning Officer Gould explained that while the Bangor YMCA occupied the site for over 100 hundred years, the Comprehensive Plan and Land Use Policies of the City did not envision it as a non -institutional use. Initial discussions occurred early on as to how to handle reuse of the property. However, when Staff met with Mr. Buxton we were confident that the use would work without rezoning. Recently, as the School has been in discussions with possible tenants, the issue of for-profit establishments fitting into the Government & Institutional Service District has appeared to be a hurdle. Planning Officer Gould noted that the Downtown Development District is a unique zone that represents some unique opportunities and challenges. The District is intended for a high level of development intensity. With a floor area ratio of 4 (the 14-225 JUNE 23, 2014 2 entire lot can be covered by building and be four stories tall). There is no requirement for off street parking, buildings in the downtown are intended to be served by on -street parking and other parking facilities managed for the City (surface lots and garages). With the dental school's building, the intent was to allow the reuse of the existing floor area, but not overburden the existing balance of supply and demand for parking. As such, the contract conditions provide for the building's floor area to be limited to the existing area plus 10% for small additions or reconfigurations. The second condition was for the property to maintain the existing parking for its use (56 spaces). There were no opponents to the rezoning request. The Board discussed various certifications and requirements for the proposed school. The Board discussed future implications as to whether the building was sold to another user with a different use in mind. Mr. Gould noted the conditions as proposed appear to strike a balance between requiring 100% of the parking demand being met and allowing the reuse of the existing building. Given the nature of the current facility (indoor recreational spaces) the immediate likelihood of office space or retail sales is limited. While a non contract rezoning may work, the proposed conditions provide some stability for the adjacent properties and parking on Hammond and Court streets. Mr. Bolin moved to recommend approval of the contract zone change request from Government and Institutional Service District to contract Downtown Development District, as contained in C.O. # 14-225. Mr. Miller seconded, and it passed unanimously. PETER K. BALDACCI THOMAS J. DAVIS LAURASANBORN William Collins, County Administrator July 01, 2014 STATE OF MAINE COUNTY OF PENOBSCOT COURT OF COUNTY COMMISSIONERS toµN i sero ■ h� J � o Y i � O b � M r ,ya O , tt2, COURTHOUSE 97 Hammond Street — Bangor, Maine 04441-4998 City of Bangor Planning Board City Hall 73 Harlow Street Bangor, Maine 04401 Dear Planning Board Members: 14-225 , JUNE 23, 2014 BANGOR, MAINE (207) 942-8535 RECE: E Je — 1 2014. The Penobscot County Commissioners are enthusiastically in support of the New England Dental Technology School's application to request a zoning change in order to proceed with their plan to operate a school this fall. Since William Buxton acquired the former Y.M.C.A building on the corner of Court and Hammond Street he and his staff have striven to be good neighbors. They have worked closely with County staff during the pre- planning of the demolition of the Old Bangor Police Department and sewer and water work on Court Street. The Commissioners are very much in favor of seeing this City landmark placed back in service and share with you the members of the Planning Board their full support for this zoning change request. Respectfully, f William J. Collins Administrator On Behalf of the Penobscot County Commissioners CC Commissioners File 14-225 JUNE 23, 2014 MEMORANDUM DATE: July 3, 2014 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 127 Hammond Street (Tax Map 041-020) - From Government & Institutional Service District to Contract Downtown Development District - Council Ordinance 14- 225. Please be advised that the Planning Board at its meeting on July 1, 2014, held a Public Hearing on the above zone change request. Chairman Sturgeon opened the Public Hearing and asked the applicant or their representative to provide a brief overview of their request. Mr. William Buxton, of the New England School of Dental Technology indicated that the school had acquired the building with an interest in training new students as there are limited numbers of denturists to serve the population. With no schools nearby the future does not look promising. He noted as things have progressed with the building they have found a need for some related services and associated endeavors that would like to be located in the building, but presently cannot due to the institutional zoning of the property. Chairman Sturgeon asked if there were proponents of the rezoning proposal. Mr. William Collins, Penobscot County Administrator, indicated to the Board that the County Commissioners were in support of the Dental School's rezoning request. Mr. Collins noted that since their acquisition of the former YMCA, Mr. Buxton and the school staff have been very good to deal with. Planning Officer Gould explained that while the Bangor YMCA occupied the site for over 100 hundred years, the Comprehensive Plan and Land Use Policies of the City did not envision it as a non -institutional use. Initial discussions occurred early on as to how to handle reuse of the property. However, when Staff met with Mr. Buxton we were confident that the use would work without rezoning. Recently, as the School has been in discussions with possible tenants, the issue of for-profit establishments fitting into the Government & Institutional Service District has appeared to be a hurdle. Planning Officer Gould noted that the Downtown Development District is a unique zone that represents some unique opportunities and challenges. The District is intended for a high level of development intensity. With a floor area ratio of 4 (the 14-225 JUNE 23, 2914 entire lot can be covered by building and be four stories tall). There is no requirement for off street parking, buildings in the downtown are intended to be served by on -street parking and other parking facilities managed for the City (surface lots and garages). With the dental school's building, the intent was to allow the reuse of the existing floor area, but not overburden the existing balance of supply and demand for parking. As such, the contract conditions provide for the building's floor area to be limited to the existing area plus 10% for small additions or reconfigurations. The second condition was for the property to maintain the existing parking for its use (56 spaces). There were no opponents to the rezoning request. The Board discussed various certifications and requirements for the proposed school. The Board discussed future implications as to whether the building was sold to another user with a different use in mind. Mr. Gould noted the conditions as proposed appear to strike a balance between requiring 100% of the parking demand being met and allowing the reuse of the existing building. Given the nature of the current facility (indoor recreational spaces) the immediate likelihood of office space or retail sales is limited. While a non contract rezoning may work, the proposed conditions provide some stability for the adjacent properties and parking on Hammond and Court streets. Mr. Bolin moved to recommend approval of the contract zone change request from Government and Institutional Service District to contract Downtown Development District, as contained in C.O. # 14-225. Mr. Miller seconded, and it passed unanimously.