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Home My WebLink About2010-11-08 11-008 ORDINANCEDem No. 11 008 Date: November 8, 2010 Item/Subject, Ordinance, Amending Land Development Code — Zone Change — 80 Broadway from Urban Residence 2 District to Government and Institutional Service District Responsible Department: Planning Division The applicant, John Bapst Memorial High School is requesting a zone change for the property, locat&B at 80 Broadway from Urban Residence 2 District to Government and Institutional Service Dlstdct. /sl lames D. Rina Department Head *4 b—/ /P /+lmWMlmlq�/�4r/ Interim City nager Associated Information: Ordinance, Applimbon, Map ry,rq,,yy, Finance Director _ Passage ]( First Reading Page 1. of 1 _XReferral to Planning Board Meeting of Tuesday, November 16, 2010, 7:00 p.m. V nog Asslgnea to Councilor — Palmer N ember a. 2010 CITY OF BANGOR (TITLE.) O r d l n an C e r Amending Land Development Code — Zone Change - 80 Broadway from Urban Residence 2 District to Government and Institutional Service District Be it ordained by the City ofBangoi a follows THAT the wring 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 80 Broadway (Tax Map 48, Parcel No. 173) from Urban Residence 2 District to Government and Institutional Service District. Said parcel containing approximately .32 acres and being more particularly indicated on the map attached hereto and made a part hereof. IN .CITY N 11, Novm6er 8, 2010 First Beading and Referral to Yl--lug Board Meeting of II/16/10 at ]pm ITY C e IN cm COBNCIL November 22, 2010 Notion Made and seconded far Passage vote: 9A Councliors votive Yes: Blaoctatte, Bronson, Dn"in, Longo, Mase+, Nealle9, Palmer 6 Weston Cao- dors Voting No: None PapVed, � CITY CLffi x,_Dg naDlNnNcs (CiTL&�)2meodina svd 1 iCada - Fame S4anee -M Broaq!Lj it= Urban Residence 2 Aiatrict to Goveriment and Institutional Seffice Merrier AYkntdlO CAupp�yr IS 008 uma ALPI RXI ION fOR LAND DIV ELOPMLN F CODE AND MAP AMENDMENT 10: TNF.CIIV COUNCIL.AND DAT:Oactoser18,2010 'I'l]U PLANNIN(i BOARD OF BANGOR, MAINE: NO_ I. 1(Wh)hshi IpPgxl Ma soviet liiiy0$chrol 2 of 100 Brovdwnv, Eungor Maine 01491-5203. (207)917-0313 Address City or Pot Of icc Telephone thereby Poridon to amend the Land Development Code of the City of Broglie, Maine by reclasallylny from For t eRo¢ legm2ms jInIerl on the aps"twulle m a d malar i�y9i al Sr rices pis forcer oxi lls Ol owlinW m ttd un the maga temebed hecto, whicA are Pan nl' MLe applimumwand AesuiF W as t Ilmex. ADDRESS OP PROPERTY GF any) go BrmArcxn IwnlArea (acies or scrum feet) 0.30.3,n =aeres - d. PROPERIV LOCATION (General location): Example- Scpol stile of Swlc Snow 400 yards. East of Pine Silver Nat e Mp"3madwyy 5. LEGAL DESCRIRNON OF PILOEER'IV-Aasason Map No._ParoeP Ma+/Lo'09&3 6. FAISTINO USE. Mixed Ilse (o ieehesldettial _ J. PROPOSEDUM SmAeavhOosingl tlncretional 8 NAME AND ADDRESS OF OWNER OF RE ORD :Name ROLlaiwpdaeR LLC Addlyst: 125 i A B - M - _ 9. NAME AND ADDRESS OF CONI RACl OWN BR(Iftrack) (o11),Ba9 Men tlrlul E'el&IonI 10. SIONA'I k J RE OF OWNER OR CON'RAC'/IO�WN�E[C1 �) IL REPRESENTATIVE OF. APPLICANII _ P, Audesa llatniron Ls9,- 2wN PrMauv BawkdA a p riling �G t� RO EaTen 9 p 45 Va t� 0 15 1 Bre a ri"IfOr.M- 02 121a ECI22[dla j) y UR�D� w i�&IS _M& -L n SD E Wad of/ 5T. SOMERSET ST PST HI 11 vos FLNOBSCOT S D z URD -2. y - II o. RD -2 TO G&ISS+ MEMORANDUM DATE: November 17, 2010 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 80 Broadway Council Ordinance 11-008 Please be advised that at the Planning Board held a Public Hearing on the above zone change request at its regularly scheduled meeting of November 16, 2010. Attorney Jonathan Pottle with Eaton Peabody, was present representing the applicant, John Bapst Memorial High School. Also present In favor were Attorney Tim Woodcock with Eaton Peabody, David Leen, owner of the property, and Mel MacKay of John Bapst Memorial High School. Mr. Pottle indicated that under State law a zone change must be consistent with the municipality's Comprehensive Plan. He discussed various elements of the 2005 Comprehensive Plan Update Indicating that this request for a change in zoning from Urban Residence 2 District to Government and Institutional Service District is consistent with that plan. Mr. Mel MacKay indicated that John Bapst Memorial High School will be starting a boarding program for international students In 2011 and is proposing to use the building at 80 Broadway to house those students. Mr. MacKay Indicated that the building has been used as a business property (law office) for many years and has its own on-site, 16 -space parking lot. While the students living at the facility will not be using cars, the parking spaces will be utilized by the school. This will take pressure off of the on -street parking in this area. Mr. MacKay discussed historic features of this building and ifs proximity to the school. No one spoke either in favor of or In opposition to the request. The Board members had questions regarding student supervision, the number of students anticipated, and where the parking lot is located on the site. Mr. Mel MacKay indicated that the parking is lasted behind the building, the students would be supervised by house parents who would be members of the John Bapst Faculty, and they anticipate 14 students with a maximum number of 20. Planning Officer Gould indicated that the primary test of a rezoning application is consistency with the Comprehensive Plan. The primary tool the City uses is the Future Land Use Plan and Zoning Policy maps. As has been discussed previously institutional uses are largely zoned by the ownership of the property by a nonprofit institution. it is extremely difficult for us to predict where future expansions of such facilities might occur. The Zoning Policy and Land Use Policy Maps rarely anticipate geographic locations or expansions of G&ISD use when in separate ownership. However, there are other guidelines within the Comprehensive Plan that give us guidance as how to review such a request. It is the City's intent to support our local institutions and to help them grow and thrive in the appropriate locations. In considering the question of where housing for John Bapst should be located it makes the most sense to be in close proximity In a serviced, central location. In addition, there are a few other elements that make this a logical choice. The existing law office is in the same Broadway Historic District as the high school. The proposed site has sufficient on-sile parking to support alternate uses of the property should the dormitory use not work out. The Board needs to be aware of all of the other uses allowed within the G&ISD should the school's plan fall through and the property be sold. For these reasons, Staff recommends that the Board recommend approval to the City Council. Member Theeman was concerned that while the plan to use the building as a boarding facility was reasonable, without some contractual contract Conditions the actual use of the building could be quite different if rezoned and reused in some other way by John Bapst or another subsequent owner. The Board voted six in favor and one opposed to recommend to the City Council that the zone change request contained in C.O. # 11-0008 from Urban Residence 2 District to Government and Institutional Service District at 80 Broadway for John Bapst Memorial High School be approved.