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HomeMy WebLinkAbout2018-08-13 18-314 ORDINANCETitle, Ordinance 18-314 AUGUST 13, 2018 CITY COUNCIL ACTION Council Meeting Date: August 13, 2018 Item No: 18-314 Responsible Dept.: Planning Action Requested: Ordinance Map/Lot: 048-078 Amending Chapter 165, Land Development Code, Zone Change — 114 Somerset Street — Urban Residence 1 District (URD -1) to Urban Residence 2 District (URD -2) Summary The proposed zone change will rezone a .39 acre parcel on Somerset Street from Urban Residence 1 District to Urban Residence 2 District to allow Families and Children Together to establish an emergency shelter for homeless families. Committee Action Committee: Planning Board Action: Staff Comments & Approvals Meeting Date: August 21, 2018 For: City Manager Ci Solicitor Introduced for: First Reading and Referral Against: Finance Director CITY COUNCIL ORDINANCE Date: August 13, 2018 Assigned to Councilor: Graham 18-314 AUGUST 13, 2018 ORDINANCE, Amending Chapter 165, Land Development Code, Zone Change — 114 Somerset Street — Urban Residence 1 District (URD -1) to Urban Residence 2 District (URD -2) WHEREAS, the property is in excess of 16,000 square feet; WHEREAS, if zoned URD -2, a four -unit building may be built on a parcel with a minimum of 12,000 square feet; WHEREAS, the applicant, Families and Children Together, seeks to provide an Emergency Shelter which may house more than one family; and WHEREAS, the Urban Residence 2 Zoning District will allow the applicant to proceed with the development of such a shelter; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor is amended as follows: The zoning boundary lines as established by the Zoning Map of the City of Bangor dated October 28, 1991, as amended, are hereby further amended as follows: By changing a parcel of land located at 114 Somerset Street (Tax Map 048 Parcel 078) from Urban Residence 1 District (URD -1) to Urban Residence 2 District (URD -2), said parcel of land containing approximately .39 acres (16,988 square feet) and being more particularly indicated on the map attached hereto and made a part hereof. MEMORANDUM DATE: August 22, 2018 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 114 Somerset Street, Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2). CO 18-318 Please be advised that the Planning Board at its meeting on August 21, 2018, held a Public Hearing on the above zone change request. Chairman Charles Boothby asked the applicant or their representative to make a brief presentation of the request. Mr. Donald Lynch of Families and Children Together (FACT) presented the application to the Board, explaining that currently homeless shelters in Bangor do not allow families to stay together during their stay. Mr. Lynch stated that that this rezoning would allow FACT to provide two units of family housing for their clients. Fr. Frank Murray of St. Paul the Apostle Catholic Parish spoke in favor of the application. His parish has had a longstanding involvement with homelessness issues in the community. He stated that he and his parishioners feel that this is a very important facility for the community. He also mentioned that the Church owns the adjacent St. Xavier’s Home, and as a neighbor has no concerns with impacts to their property. Boyd Kronholm of the Bangor Area Homeless Shelter noted that this facility will serve an urgent need in the community and that he strongly supports the application. Jerry Gross of Congregation Beth El also spoke in favor of the application. Barbara Kates, a neighborhood resident of Cumberland Street, spoke in favor of the application, noting that separating families during a period of homelessness is tragic and can at times be an obstacle from which a family never recovers. Beverly Daniels, Executive Director of FACT, spoke on behalf of her organization, noting that the current home is in good shape and that FACT will be doing additional upgrades and ongoing maintenance, such that the property should not be a nuisance or detract from the neighborhood. Derrick Hurder, Communications Coordinator of FACT, noted that the organization has been in contact with many of the neighbors and that overwhelmingly response has been supportive. Chair Boothby asked for opponents to the rezoning application. 2 John Sullivan, an abutter on Grove Street, stated that he was not necessarily opposed to the rezoning but had a number of concerns that he wanted the applicant to respond to. He said he was unsure of the length of stay that would be allowed in this facility, and said that while he understood that all adults residing on premises would be subject to a background check, was concerned about troubled teenagers who may not have the same screening process, and therefore might cause issues for his property or family. Mr. Lynch responded to Mr. Sullivan’s concerns, stating that there was no limit on the duration of stay, but that the typical duration of residence was a few days to a few months, and that lengthy stays were uncommon. FACT provides services to these families to limit their stay to the shortest time practicable. He noted that there are house rules for the facilities, and that any resident, adult or youth, who violated those rules could cause the family to be relocated to a different facility. Planning Officer Gould noted he had three emails from opponents to the application. Elaine Doyle of Parkview Street stated her concern about property values in the neighborhood and potential changes to neighborhood character that might result from this rezoning. She stated that she feels this rezoning is detrimental to the development of Bangor and will cause people to relocate elsewhere. Susan and Frank Neel of Parkview Street also were opposed to this rezoning, and were worried that it might open the door to further rezonings which will further threaten their neighborhood, which they feel has been declining already. Miles Theeman of Grove Street was concerned about the long-term impacts of this rezoning, and suggested a contract rezoning could be pursued which limited the property to a family shelter serving no more than two families, rather than a standard rezoning which would allow up to four dwelling units to be allowed. Mr. Gould explained that in 1991 the City undertook a major shift in land use policy, developing one set of zones for the older portions of the City and a one for the newer developing areas. This parcel is located in the older portion of the City, where a variety of housing types and uses occur. Mr. Gould described the different land uses surrounding the parcel, and noted that the parcel was large enough to accommodate a four unit building under URD-2 zoning. Member Shaw stated she felt this was compatible with the Comprehensive Plan and was needed. Member Huhn stated that this was worthy of the Board’s support. Member Durgin moved to make a positive recommendation to the City Council. Member Guerette seconded the motion. The Board voted unanimously to make a positive recommendation to the City Council to change the zoning of 114 Somerset Street from Urban Residence 1 District (URD1) to Urban Residence 2 District (URD2) as contained in C.O. 18-314. IN CITY COUNCIL AUGUST 13, 2018 COr 18-314 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF AUGUST 21 2018 CITY CLE IN CITY COUNCIL AUGUST 27, 2018 COr 18-314 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 7-0 COUNCILORS VOTING YES: GRAHAM, NEALLEY, NICHOLS, PERRY, SUPICA, TREMBLE, SPRAGUE COUNCILORS VOTING NO: NONE PASSED ;40 g CITY CLERK