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
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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.