159 Cottage Road, LLC Request to Purchase City-owned Property

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Jerome Dorsey
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1 City Council Workshop Agenda Item #1 June 24, Cottage Road, LLC Request to Purchase City-owned Property 159 Cottage Rd, LLC is requesting to purchase City-owned property adjacent to its property at 159 Cottage Road. Its property is the former Getty Station located at the intersection of Cottage Road and Highland Avenue. The purpose is to create a parking lot in conjunction with its plans to redevelop the property for Otto Pizza. The parcel requested for purchase is located at 482 Broadway, the site of the South Portland Main Library. It is approximately 1,518 square feet and is identified as Assessor s Map 14, Lot 159B, located within the Residential District A. The Planning Board held a public hearing on June 11, At that meeting, it voted 6-0 (Cullen absent) to recommend the sale of an approximately 1,518 SF triangular portion of City-owned property to 159 Cottage Rd, LLC with the following deed restrictions: 1. Establish vegetated plantings no higher than 6 feet between parking and library property. 2. Preserve the flowering trees along the Cottage Road street frontage. 3. Provide a stockade fence along the border of 159 Cottage Road and the abutting residential property. Included is a copy of the Planning Board report. Of the three deed restrictions, I believe two can be included in the deed the City would be transferring to the property owner. The requirement to provide a stockade fence is an item that needs to be addressed between the property owner and the abutting residence as the issue and the request from the abutter does not apply as much to the land deeded from the City as it does the rest of the common boundary between the two properties. I would request that the City Council consider allocating all proceeds of the sale towards library programming and technology. City Manager

2 MEMORANDUM To: From: City Council Planning Board Date: June 18, 2013 Subject: Request to Purchase a Portion of a City Owned Property 482 Broadway 159 Cottage Road, LLC - Meeting of June 11, 2013 INTRODUCTION 159 Cottage Rd, LLC had requested that the Planning Board provide a Land Use Recommendation to the City Council regarding their request to purchase a portion of City owned property. The property is approximately 1,518 square feet in area and is located at 482 Broadway, the Main Branch of the South Portland Library. The area requested is proposed to be used for additional parking. The applicant has agreed to maintain the street trees along Cottage Road and to add a vegetative buffer along the new property boundary Public hearing notices were mailed on May 31, 2013 to the 103 property owners within 500 feet of the proposed project and one to the applicant. The Conservation Commission, Planning Board members, and City Councilors received announcement of this request via . This request was reviewed under Chapter 2, Section 2-171(b) Sale of real property and in compliance with Chapter 27 Article V. Residential District A and Limited Business District (LB), and the Comprehensive Plan. RECOMMENDATION FROM THE PLANNING BOARD By a vote of 6-0 (Cullen absent), the Planning Board recommends to the City Council to sell an approximately 1,518 SF triangular portion of City owned property identified as Tax Assessor s Map 14, Lot 159B to the property owner of the abutting parcel identified a Tax Assessor s Map 14, Lot 162 with deed restrictions: 1) vegetated plantings no higher than 6 feet between parking and library property and 2) preservation of flowering trees along the Cottage Road street frontage and 3)provision of a stockade fence along the border of 159 Cottage Road and the abutting residential property. PARCEL SUMMARY Zoning: Residential District A Map/Lot 14/159B Existing Parcel Area 1.60 Ac (69,696 SF) Land Area Requested: 1,518 SF Existing Land Use: Grounds of the Main Branch Library; Open space and landscaped area ANALYSIS OF REQUEST Planning Comments The applicant would like to purchase the land to provide a larger and safer parking area for a future restaurant use for their property located at 159 Cottage Road. The applicant is proposing to extend the pg. 1 Request to Purchase a Portion of a City Owned Property 482 Broadway

3 paved parking area towards the north, into a 1,518 SF triangular portion of the Library s grounds (see attachment #2. GIS map of the new property boundary lines). The additional land area will provide a more usable parcel, by squaring the lot s street frontage along Cottage Road. This portion of land has several street trees fronting along Cottage Road and several large conifer trees scattered in the area. The applicant has agreed to preserve the flowering street trees and replace the evergreen trees to buffer the new parking spaces. The applicant has agreed to purchase and install the plantings and fencing during the construction of the parking area. City Manager I fully support the idea of selling a triangular shape parcel of land to the owner of the former Getty Station located on the corner of Highland and Cottage. The idea was staff generated and proposed to the owner of the property. The former Getty parcel has seen a number of unsuccessful businesses come and go since the gas station closed a number of years ago. Though owned by the City as part of the library parcel, past owners have encroached on to the city s land for years by parking vehicles, removing landscaping and storing numerous types of items. Now with a very successful business (Otto s Pizza) coming to town and making this former gas station parcel home, staff have a concern of parking availability on the small parcel. The business has developed a parking plan that meets City Ordinance requirements; however, staff has fears that parking could spill over to the library parking lot. The City is in a position to potentially deed a small triangular parcel of land to the abutting parcel (which has been used by the parcel for years) that could be just enough that provides sustainability through the use of the parcel and provides the gas station parcel enough room to have a successful business opportunity on the site. Through preserving some existing landscaping (some will need to be removed) and new plantings, staff believes this will not only enhance the former Getty station parcel, but the library s as well. My additional comments: Conditions of sale: 1) vegetated plantings no higher than 6 feet between parking and library property and 2) preservation of flowering trees along Cottage Road. Code Enforcement I have no adverse comments relative to the sale of this City owned property. Planning Director While adding more parking to 159 Cottage Road would reduce some of the green space associated with the Main Library, it is not actively used park land, more than half of the open space along Cottage Road would remain, and it would improve the economic viability of the business use. It may also improve traffic circulation and safety by providing more room for customers to maneuver and park. A condition of the sale to consider is a requirement for perimeter landscaping. Library Director We feel it is extremely important to preserve a buffer between the city s library property and any commercial entity, thus the condition of sale calling for plantings. With the steady growth of the library s business, library users are more and more often competing with non-library users of the library parking lot (from nearby residences, school users, churchgoers) in order to access our facility. Existing neighboring facilities provide inadequate parking for users/tenants, and the library s municipal lot is used, either out of convenience or necessity, putting library users at a disadvantage in being able to pg. 2 Request to Purchase a Portion of a City Owned Property 482 Broadway

4 access our facility. With the addition of a new customer traffic driven business in the area, we have concerns about the impact this traffic will have on user access to the library facility. Our hope is that by providing a small portion of land and visually screening the commercial property from the library s land, this impact might be somewhat reduced. Other Departments Legal Department Parks & Recreation Water Resources Protection Fire Department Public Works Waterfront and Transportation No comments received at the time of writing this memo. No comments received at the time of writing this memo. No comments received at the time of writing this memo. No comments received at the time of writing this memo. No comments received at the time of writing this memo. No comments received at the time of writing this memo. Public Comments received on the proposal No comments were received at the time of writing this memo. STAFF COMMENTS Planning Board Meeting June 11, 2013 Minutes PUBLIC HEARING 159 Cottage Rd., LLC is requesting the Planning Board to provide a Land Use Recommendation to the City Council requesting permission to purchase approximately 1,500 square foot area of City owned property located at 482 Broadway, the main branch of the South Portland Library. The area requested is proposed to be used for additional parking. The applicant has agreed to maintain the street trees along Cottage Road and to add a vegetative buffer along the new property boundary. The property is further identified as Assessor s Map 14, Lot 159B, located within the Residential District A. T. Haeuser discussed the request to purchase a portion City owned property. The Planning Board s focus is on land use questions. What is public s interest in this land? The area is 1500 SF. The applicant plans to keep street trees. The applicant would like to purchase and the additional land will provide a better use to the property. The City Manager supports the idea of selling this parcel. Staff recommendation is that the City sells the parcel with deed restrictions. Arthur Gerard, 159 Cottage Road, stated he is planning to rent this space to Otto s Pizza. He will conform to this if the City grants us this property. PUBLIC SESSION OPEN Crystal Goodrich, 17 Highland Ave., stated she lived behind the business and supports this. She stated expansion is a good idea and would like to see a fence. The City does not landscape the area behind her house and looks overgrown. This should be cleaned up and taken care of by the City. Scott Ewing, 79 South Richland stated he has concerns with loss of green space. He also supports abutter s comments about improving the green space. T. Haeuser stated Planning Board make conditions with planting of trees, maintenance and stockade fence along perimeter of property. Ask for a fence through City property. Planning Board members discussed fencing, 4 arborvitae trees, traffic flow for Otto s Pizza, parking standards. More room on site for site circulation as Otto s has delivery too. Also discussed was a site assessment for contamination and copy sent to Steve. Getty Oil is behind the owner. pg. 3 Request to Purchase a Portion of a City Owned Property 482 Broadway

5 S. Puleo stated the restaurant has to meet parking standards and parking without additional land meets ordinance standards. W. Laidley asked Mr. Jennings if there is a TIF involved and there is not. W. Laidley asked if restaurants and inspections can keep up with the changes. Mr. Jennings stated he would bring this to the manager to make sure we have adequate staffing. He also discussed parking at the library and the library director is looking out for his patrons. Mr. Jennings stated he would take a look at the fence issue. PUBLIC SESSION CLOSED Planning Board members discussed green space and requirement to maintain this area as well as installing a fence between neighbor and tenant. There was concern of graffiti on public fences. R. Schreiber motioned to recommend to the City Council to sell an approximately 1,500 SF triangular portion of City owned property identified as Tax Assessor s Map 14, Lot 159B to the property owner of the abutting parcel identified a Tax Assessor s Map 14, Lot 162 with deed restrictions: 1) vegetated plantings no higher than 6 feet between parking and library property and 2) preservation of flowering trees along the Cottage Road street frontage and 3)provision of a stockade fence along the border of 159 Cottage Road and the abutting residential property, F. Hagan seconded 6-0 (Cullen absent). pg. 4 Request to Purchase a Portion of a City Owned Property 482 Broadway

RECOMMENDATION The Planning Board voted 6-0 (Cullen absent) to recommend to the City Council the sale of an approximately 1,518 SF triangular portion of City owned property identified as Tax Assessor

6 RECOMMENDATION The Planning Board voted 6-0 (Cullen absent) to recommend to the City Council the sale of an approximately 1,518 SF triangular portion of City owned property identified as Tax Assessor s Map 14 Lot 159B to the property owner of the abutting parcel identified as Tax Assessor s Map 14 Lot 162 with deed restrictions: 1) to install vegetated plantings no higher than 6 feet between parking area and library property, 2) the preservation of flowering trees along the Cottage Road street frontage and 3) the provision of a stockade fence along the border of 159 Cottage Road and the abutting residential property. Attachments 1. Tax map and aerial photo showing parcel s new property lines. 2. GIS mapped showing the portion of the property. 3. Application 4. Sketch provided by Crystal Goodrich pg. 5 Request to Purchase a Portion of a City Owned Property 482 Broadway

6/4/2013 Proposed New Lot Boundary Lines - 159 Cottage Rd 0 100 feet

Portland makes no claims and no warranties, concerning the validity,

7 6/4/2013 Proposed New Lot Boundary Lines Cottage Rd feet Map For Reference Only Not a Legal Document The City of South Portland makes no claims and no warranties, concerning the validity, expressed or implied, of the accuracy of the GIS data presented on this map.

Land 14-109 70-feet +/- Cottage Rd Preserve

Assessor's Tax Map 14 Lot 162 159 Cottage

14-101 Aerial 4/2012 Feet 10 5 0 10 Zoning

8 43-feet +/- Plant Buffer w/ Max. 6-feet height B 1,518 SF Area of Land feet +/- Cottage Rd Preserve the Street Trees Emery St A LB Land South Portland Fragmentary Assessor's Tax Map 14 Lot Cottage Road, LLC Purchase Request Highland Ave Aerial 4/2012 Feet Zoning District Line Cottage Road, LLC Land area Preserve Street Trees Plant Buffer Parcel Lines COSP 6/5/2013 sjp

9 AMG HOLDINGS GROUP LLC 380 Warren Avenue Portland, ME (207) Facsimile (207) June 7, 2013 City of South Portland 482 Broadway South Portland, ME Cottage LLC, an entity of AMG Holdings Group LLC, who has held real estate in the Greater Portland Area for the last forty year, is the current owner of the property located at 159 Cottage Road, South Portland, ME, since Over the past year, 159 Cottage LLC has been presented with numerous opportunities to lease the property to businesses who would not only improve the aesthetics of the property, but also offer an agreeable tone consistent with the neighborhood. Consequently, this has been prohibitive due to parking constraints until recently, when the Otto Pizza entered into an lease agreement with us. Although The City has submitted approval for Otto Pizza to conduct business at the 159 Cottage Rd location, we find that it would provide a lesser impact to traffic flow and on street parking requirements, if more parking were available on site. Therefore, we respectfully request the City of South Portland's unique consideration in accepting our offer of three thousand six hundred dollars ($3,600.00) for the abutting 1,500 square feet of City property, with the agreement that 159 Cottage Rd LLC will maintain the street trees along Cottage Road, as well as install and maintain fencing and trees as a buffer to the abutting property line. We thank Planning Board for its consideration, and look forward to working with the City of South Portland throughout this process. Sincerely, Arthur P Girard Manager

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