Agenda Item #16 Meeting of May 4, 2015 South Portland City Council Position Paper of the City Manager Subject: ORDINANCE #12-14/15 Amending Chapter 27, Zoning, regarding a zone change from Residential District A to Conditional Armory Zone CAZ at 682 Broadway. Passed first reading on 4/6/15. ROLL CALL VOTE. Passage requires five (5) affirmative votes. Position: This zone change is brought forward at the request of Priority Real Estate Group to change the property at 682 Broadway (former South Portland Armory) from Residential District A to Conditional Armory Zone CAZ. The property is 2.74 acres and shown on the City s tax maps as Map 19, Lot 158. In November of 2014, the City signed a purchase and sale agreement to sell the property to Priority Real Estate Group, LLC contingent upon a zone change. The buyers would like to re-develop the property into an automotive filling station with a convenience store, café/restaurant, business and professional office, personal services, local retail, and meeting space for charitable and philanthropic organizations. The following uses will be permitted in the Conditional Armory zone: Automotive filling stations. The gasoline pumps or other service appliances must be located behind the retail store. The facility may not be open to the public between 11:00 p.m. and 5:00 a.m. The facility cannot be used as an automotive repair shop. Auditory advertisements are not permitted. Municipal buildings and municipal uses. Personal services. Business and professional offices.
Restaurants and other places for the serving of food or beverages. The facilities may not be open between 11:00 p.m. and 5:00 a.m. Restaurant drive-through facilities are not permitted. Local retail stores. The store may not be open between 11:00 p.m. and 5:00 a.m. Child, adult or combined care centers. Charitable and philanthropic organizations The Planning Board held a public hearing on March 10, 2015. By a vote of 6-0 (Giles absent), the Planning Board recommended approval of the proposed rezoning from Residential District A to Conditional Armory Zone (CAZ) for Assessor's Tax Map 19, Lot 158, based on the determination that the rezoning is pursuant to and consistent with the Comprehensive Plan and is consistent with Ord. Sec. 27-117. On April 6, 2015, these amendments were discussed at a workshop, passed first reading and postponed to May 4, 2015. This ordinance is in order for second reading and action. Requested Action: Council passage of ORDINANCE #12-14/15. City Manager
CITY OF SOUTH PORTLAND SUSAN M. MOONEY City Clerk LINDA C. COHEN Mayor JAMES H. GAILEY City Manager SALLY J. DAGGETT Jensen Baird Gardner & Henry District One CLAUDE V.Z. MORGAN District Two PATRICIA SMITH IN CITY COUNCIL ORDINANCE #12-14/15 THE COUNCIL of the City of South Portland hereby ordains that Chapter 14, Licenses, Permits and Business Regulations Generally of the Code of Ordinances of the City of South Portland, Maine, be and hereby is amended as follows (deletions are struck through; additions are underlined): SOUTH PORTLAND CODE OF ORDINANCES District Three MELISSA LINSCOTT Chapter 27 ZONING* District Four LINDA C. COHEN District Five BRAD FOX ARTICLE XII. MIXED-USE, COMMERCIAL, INDUSTRIAL CONDITIONAL/CONTRACT DISTRICTS Conditional Armory Zone CAZ At Large MAXINE BEECHER Sec. 27-1201. Purpose (CAZ). At Large THOMAS E. BLAKE Pursuant to Sec. 27-117 of the Code, the property identified as Assessor s Map 19, Lot 158 as of the April 1, 2014 assessment date (hereinafter the Property ) located on Broadway is rezoned from Residential A to Conditional Armory Zone, with a number of conditions and restrictions relating to the physical development and operation of the Property. The purpose of the Conditional Armory Zone is to provide an appropriate reuse opportunity for the former State of Maine Armory facility. This conditional zoning district provides for the use of the former Armory facility as an automotive filling station, convenience store, restaurant and business & professional services and related activities and includes specific performance standards to minimize negative impacts to the surrounding neighborhood. P.O. Box 9422 South Portland, ME 04116-9422 Telephone (207) 767-3201 Fax (207) 767-7620
Sec. 27-1202. Conditions (CAZ). The following conditions shall apply to the Conditional Armory Zone: (a) (b) (c) (d) (e) (f) (g) (h) The South Portland Arts and Historic Preservation Committee (hereinafter AHPC ) shall have the opportunity to comment on proposed changes to the existing building with a view not of achieving historical restoration but of preservation and reuse that respects the original architecture as limited in scope to the conditions set forth in this section. Prior to commencement of any redevelopment of the Property, all exterior masonry art work on the Drill Hall portion of the Property shall be documented in both written and photographic format. Such masonry art work on the Property shall either be reused or else conveyed to the City of South Portland (hereinafter the City ) at no expense to the City via a bill of sale. The Head House, the Tower, and the masonry end parapet wall of the Drill Hall shall be retained and maintained. Wherever possible, original brick and masonry materials on the Head House and remaining Drill Hall parapet shall be retained and repaired. Wherever this is not feasible, replacement materials will as fully as possible replicate the original features in material and design. Best efforts shall be made to match the style of window and paint color used in any building improvements made to the Property to the style of window and exterior paint color original to the Armory building. Two outdoor pad sites for the display of public art on the Broadway side of the Property shall be provided to the City. The Property owner shall retain the right to approve, in advance, the size of the art work to be displayed on such pad sites in order to ensure that the art work does not interfere with the visibility of Property s businesses. The Property owner shall enter into a permanent Façade Preservation Agreement with the City to ensure that, after the removal of the Drill Hall portion of the building, the Head House and the Tower of the Armory building shall be preserved. The permanent Façade Preservation Agreement shall be recorded in the Registry of Deeds. The Property owner shall grant the City an easement for a future walking path connecting the Greenbelt Walkway and Hinckley Park; the exact location of the easement shall be mutually agreed upon. Except where restricted, a vegetated buffer shall be planted along the easterly side of the Property, from the gas islands canopy to the Property s intersection with the northern side of the Hudson Road paper street, that will screen views of the gas station from the property line. The Planning Board may require additional landscaping and buffering for the site. Sec. 27-1203. Permitted uses (CAZ). In the Conditional Armory Zone, the following uses shall be permitted on the Lot 158 parcel:
(a) (b) (c) (d) (e) (f) (g) Automotive filling stations provided that gasoline pumps or other service appliances shall be located behind the retail store; such facilities may not be open to the public between the hours of 11:00 p.m. and 5:00 a.m., and the facility shall not be used as an automotive repair shop. Auditory advertisements are not permitted. Municipal buildings and municipal uses. Personal services. Business and professional offices. Restaurants and other places for the serving of food or beverages, provided, however, such facilities may not be open between the hours of 11:00 p.m. and 5:00 a.m. Restaurant drive-through facilities are not permitted. Local retail stores, provided however, such facilities may not be open between the hours of 11:00 p.m. and 5:00 a.m. Child, adult or combined care centers. (i) Charitable and philanthropic organizations Sec. 27-1204. Space and bulk regulations (CAZ). Minimum lot area: Twelve thousand five hundred (12,500) square feet. Minimum street frontage: Seventy-five (75) feet. Minimum front yard, all buildings: Twenty (20) feet. Minimum side yards, principal buildings: Fifteen (15) feet. Minimum rear yards, principal buildings: Twenty (20) feet, except that principal buildings higher than thirty (30) feet shall have side and rear yards not less than fifty (50) per cent of the building height. Accessory buildings: Six (6) feet side and rear yards. Maximum building height: Forty (40) feet. Maximum building coverage: Twenty-five (25) per cent. Minimum distance between principal buildings on same lot: The height equivalent of the taller building.
Sec. 27-1205. Off-street parking (CAZ). In the Conditional Armory Zone, off-street parking shall be provided in accordance with the requirements of Sec. 27-1556 of this Chapter. Sec. 27-1206. Signs (CAZ). In the Conditional Armory Zone, development proposals shall include a signage plan to be approved by the Planning Board for any and all signs proposed to be located on the Property, including, but not limited to, a specification of their size, illumination, landscaping, setbacks, locations, heights, and construction materials; provided that signs shall be restricted as follows: (a) All signage shall be integrated with the original architectural design of the building. (b) No, flashing, rotating, or intermittent signs. (c) No portable or temporary signs shall be allowed in the front or side yards. (d) (e) (f) (g) (h) (i) No electronic message signs except for the gas pricing. Building Signs: A maximum of two (2) signs are allowed on the front façade of the Armory building no larger than eighty (80) square feet individually or one hundred twenty (120) square feet in total. A maximum of one (1) sign is allowed on each side façade of the Armory building no larger than thirty six (36) square feet individually. Signs are allowed on the rear façade of the building no larger than one hundred and twenty (120) square feet in total. Building signs shall not be internally illuminated. No commercial signage is permitted anywhere within the central area of the Head House s front façade the entrance area bordered on each side by raised brick pilasters. One free-standing monument sign with a maximum height of eighteen (18) feet from the ground and a maximum sign area of one hundred (100) square feet is allowed on the Property but only in the Broadway front yard; provided, however, that a second free-standing monument sign with a maximum height of eight (8) feet from the ground and a maximum sign area of forty-eight (48) square feet may be allowed if only a single front building façade sign no larger than eighty (80) square feet is used instead of the two front façade signs allowed pursuant to subsection (c) above. Canopy signs are allowed on the sides of the gas station canopy over the gas islands and shall be contained within the canopy fascia. The height of the canopy fascia shall not exceed four (4) feet. Signs may be further restricted in size and height if in the determination of the City s Traffic Engineer the location of a proposed sign would constitute a traffic safety hazard without modification of the sign dimensions. Up to four (4) pendant fabric signs are allowed on the front façade of the Armory building so long as the pendants do not advertise a business or a product. In the event of a conflict between the sign standards herein and the general sign regulations set forth in Secs. 27-1561 to 27-1564 of this ordinance, this section shall control.
Sec. 27-1207. Site plan review (CAZ). Any use allowed in the Conditional Armory Zone involving new construction which, when added to new construction within the preceding two (2) years, exceeds one thousand (1,000) square feet of floor area, shall be subject to the site plan review requirements of Article XIV. For purposes of this section, "new construction" means (a) the construction of a new structure, (b) an addition to an existing structure, or (c) any interior construction for the purpose of converting an existing building from one use to another use if the conversion will significantly increase off-site impacts. A "use" shall be any use listed in the zoning district in which the site is located. The impacts to be considered include, but are not limited to, increases in: traffic generation; parking area; utilization of City services; stormwater runoff; or noise, odors, or other annoying or dangerous emissions detectable at lot boundaries. In determining the relative degree of impact of a proposed use, the comparison shall be to either (i) the most recent lawful use of the building or (ii) any lawful use of the building within the last 2 years (but, in the latter case, only if such use was evidenced by a certificate of occupancy on file in the Code Enforcement Officer's office), whether such use was as a permitted use, special exception use or a nonconforming use. Secs. 27-1208 27-1220. Reserved. Fiscal Note: Less than $1,000 Date: April 6, 2015