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Home My WebLink About2006-08-28 06-310 ORDINANCEDate: August za,zoos Item No, 06 31� Item/Subject. Commence, Amending Land Development Code— Contract Zone Change — 758 Broadway from Low Density Residential District to Contract Low Density Residential District and from Contract Low Density Residential District to Contract High Density Residential District Responsible Departmento Planning Division Cas mentary: For Referral to Planning Board Meeting of Tuesday September 5, 2006, 7:00 P.M. The appllcaM, Ken Bowden, First Atlantic Corporation, Is requesting a contract zone change for two Parts of a parcel of land located a<758 Broadway from Low Density Residential District to Contract Low Density Residential District and from Contract Law Density Residential District to Contract High Density Residential District. The two parts of the parcel mntaln approximately 3.1 acres. /s/ lames D Rinso Department Head Manager's Comments: / —g—� 0{Iv� r&W 1,01/�1A([/80.'(t�y� 44-fI pwo City Manager Amociated Information: Ordinance, map, applicator, contract me change conditions Finance Director Legal Approval: iry Sol mr Introduced for _ Passage First Reading Page -1 of 1 X Referral to Planning Board Meeting of Tuesday, September 5, 3006, 7:00 p.m. 06 310 4 5 Assigned to councilor Greene August 28. 20M CITY OF BANGOR (TITLE.) Ordinance r Amending Land Development Code -Contract Zone Change- 758 Broadway from Low Density Residential District to Contract Low Density Residential District and from Contract Low Density Residential District to Contract High Density Residential District. Be a ondi Av�e cin oieaogar, mfid ors: 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 parts of a parcel of land located at 758 Broadway (Tax Map No. R-41, Parcel No. 41) from Low Density Residential District to Contract Low Density Residential District and from Contract Low Density Residential District to Contract High Density Residential District. Said parts of a parcel containing approximately, 3.1 acres and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, in addition b) the mandatory conditions imposed by Chapter 165-7 of the Ordinances of the Cry 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. Property will be limited to development accessory to and associated with the continuing care community commonly known as Ross Manor, In the form of elderly congregate housing, assisted living, nursing home, and/or support facilities thereof, as outilned in the Land Development Code, High Density Residential District (Section 165-100). B. Any buildups or land used or occupied and buildings erected, constructed, reconstructed, moved or structurally altered shall comply with the following dimensional requirements: 1. Minimum side yard building setback 10 ft. 2. Minimum front yard building setback 25 ft. 3. Maximum lot coverage 20% IN, CITY CODPLT4 FirsttReading0a Referred rf to a Plamiog Board D ns -gin O RDIDARCE 1Y CLR IN CITY CODRCIL Septmher 11, 2006 Notion Made and Seconded for Passage Vote: 9-0 Counsellors Voting Yes: Allen. CasIvell, D'Errico. Farrington. Cratvict, Cranes. Bases Palmer 6 Sense Counolljors voting Ro: None ease ITY CNii ( Ed Aneodlue Land Development Code - Contract Zone Change 758 Broadeay Iran Lw Denitm REsiaential District to Contract Los Deoaity Zesidendiel District . i...., n I. a. - tial Distract to Contract Nigh Density gesidential c s y o z. hvroQyOss !�N S"A—_MES ••,•••"••• F'rs TArux�ncc�oaPa Ta n Otc 90 CAISD - n N t 4 4.8 A—` ICA 3J0 I LDR TO LDR CONTACT ®LDR CONTRACT(*) TO HDR CONTRACTW 06 310 7/1/06 APPL PMENTCODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE_JLZ5,p¢_ THE PLANNING BOARD OF BANGOR, MAINE: NO. 1. I(N8) Ken Bowden First Atlantic com 2. ofS hn Portland ME 04201 207-874-2700 Address City Gr Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from Low Density Residential District to Contract L itV Residential District and from Contract Residential District to Contract High Density Residential 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 (i£ any( 758 Broadway Total Area (acres or square feet) 3 a 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street Northeast side of Husson Avenue Abutting Broadway. Part of S. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. R-41_ Parcel 41 6. EXISTING USE:_ Undeveloped 7. PROPOSED USE: Elderly Congregate HOUsin4 Ken Bowden S. NAME AND ADDRESS OF OWNER OF RECORD: Name_First Atlantic Coro _ Address 222 St Jobn Portland ME 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name_Steven Ribble Ames A/E (if applicable) Address 115 Main Street Bangor 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM & ME. AOnlieatiou fee Processing Advertising Total Zone Change (1/2 acre or leas) $479.00 $330.00* $ 809.00 Zone Change (in excess of 1/2 acre) $766.00 $330.00* $1,096.00 Contract Zone Change $1,146.00 $411.00* $1,557.00 *Two Ada Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE OP, 10 Proposed Contract Zone Change Conditions— 758 Broadway A. Property will be limited to development accessory to and associated with the continuing care community commonly known as Ross Manor, in the form of elderly congregate housing, assisted lining, nursing home, and/or support facilities thereof, as outlined in the Land Development Code, High Density Residential District (Section 165-100). S. Any buildings or land used or occupied and buildings erected, constructed, reconstructed, moved or structurally altered shall comply with the following dimensional requirements: 1. Minimum -tile yard building setback 10 R. 2. Minimum front yard building setback 25 ft. 3. Maximum lot coverage 20% 4. Maximum building floor area 2tb .3 S. Maximum impervious surface ratio.30 C. A vegetative buffer shall be established and/or maintained in the currently undeveloped area of the subject property depicted in Exhibit A Said buffer shall be established and/or permanently maintained in a densely vegetated state with a combination of trees and shrubs such that activities on the currently undeveloped porton of the subject property are not visually readily discernable from the adjacent residentially zoned parcels. Construction of structures shall be prohibited. The area may include walking bails, signage, and site amenities such as benches and trash receptacles providing that the opacity between the aforementioned adjacent properties is not compromised. MEMORANDUM DATE: September 6, 2006 TO: The Honorable City Council FROM: David G. Gould, Planning Of0cer SUBJECT: Amending Zoning Ordinance 758 Broadway Council Ordinance 06-310 Please be advised that the Planning Board at its regularly scheduled meeting on September 5, 2006, held a public hearing on the above Contract Zone Change request. Steve Ribble, of Ames A/E and representative of the applicant indicated that they are seeking to develop a contract zone that would allow the expansion of the Ross Care Nursing Home on Husson Avenue by adding 90 assisted living units. Mr. Ribble reviewed the history of the zoning on the parcel and Indicated that they proposed a contract that would maintain the existing buffer and allow the development of assisted living units within the development standards of the Low Density Residential District. There were no other proponents or opponents. The Planning Officer reviewed the history of the various contract provisions which had bean amended over time. The proposal would insure the preservation of the buffer that had been in place since the original request in 1990. Secondly, the present Low Density Residential Zane allows nursing home beds on this property but does not allow congregate care or assisted living. The proposed contract zone change would allow assisted living if constructed to the development standards of Low Density Residential District After careful consideration of the existing uses in the area, the proposed land use in the Comprehensive Plan and the proposed development limitations in the contract, the Board voted unanimously to recommend the proposed contract revisions.