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Home My WebLink About2018-10-10 18-378 ORDINANCETitle, Ordinance CITY COUNCIL ACTION Council Meeting Date: October 10, 2018 Item No: 18-378 Responsible Dept.: Planning Action Requested: Ordinance 18-378 10/10/2018 Map/Lot: Tax Map 006, Lots 119 and 119A Amending Chapter 165, Land Development Code, Zone Change — Perkins Street (Tax Map 6, parcels 119 and 119A) from Urban Residence 1 District (URD -1) to Urban Residence 2 District (URD -2) Summary This ordinance amendment is a proposed rezone of .36 acres (15,681 square feet) of land on Perkins Street from Urban Residence 1 District (URD -1) to Urban Residence 2 District (URD -2). The Applicant, James Dubay, dba Hammond Street LLC, seeks to construct a duplex building on the property. The lot area will accommodate up to a four -unit structure in URD -2. Committee Action Committee: Planning Board Action Staff Comments & Approvals Meeting Date: October 16, 2018 For: Against: 14, 01-/-d. I "�le City IManager "X0 Solicitor Finance Director Introduced for: First Reading and Referral to Planning Board Meeting of October 16, 2018 CITY COUNCIL ORDINANCE Date: October 10, 2018 Assigned to Councilor: Nichols 18-378 10/10/2018 ORDINANCE, Amending Chapter 165, Land Development Code, Zone Change — Perkins Street (Tax Map 006 parcels 119, and 119A) from Urban Residence 1 District (URD1) to Urban Residence 2 District (URD -2) WHEREAS, The Comprehensive Plan of the City of Bangor has identified this property as Low Density Residential and, WHEREAS, Perkins Street has multiple nonconforming commercial uses and multifamily structures, and WHEREAS, James Dubay seeks to build an owner occupied duplex which requires URD -2 zoning. Chapter 165 of the Code of the City of Bangor is amended as follows: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT 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 a parcels of land located at Perkins Street (Tax Map 6 Parcels 119, and 119A) from Urban Residence 1 District (URD -1) to Urban Residence 2 District (URD -2) Said parcel of land containing approximately .36 acres (15,681 square feet) and being more particularly indicated on the map attached hereto and made a part hereof. .1,roposed Change URD=l to URD=2 SIT R EIT Memo To: The Honorable City Council From: David G. Gould, Planning Officer Date: October 17, 2018 Re: Amending Zoning Ordinance Perkins Street – Urban Residence One District (URD-1) to Urban Residence Two District (URD-2) – C.O. 18-378 Please be advised that the Planning Board at its meeting on October 16, 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. No applicant was present. Chairman Boothby asked for any proponents to the application, there were none. Chairman Boothby then asked for opponents to the application. Amy Mattera of 5 Dean Street stated she was opposed to the rezoning as the prior filling on the adjacent lot created problems for the Dean Street properties. She was also concerned about the potential for absentee landlords in the neighborhood. Jennifer Gorneau of 23 Dean Street indicated she was not in support of the zone change. She noted prior grading on this land had created drainage issues for properties on Dean Street. She also believed that a duplex would be allowed in URD1 and was concerned about noise and traffic impacts from multi-family housing in this location. Nick Rullo of 9 Dean Street indicated the prior filling on the lot created drainage problems for the adjoining properties on Dean Street and that he did not want to see multi-family housing in his backyard. Planning Officer Gould noted that his office had received correspondence from Thomas Frisk of 15 Dean Street, who indicated that he was opposed to the zone change as well. Mr. Gould then gave his report to the Board, indicating that he did not believe that URD1 allowed a duplex building. Mr. Gould read the permitted uses in URD-1, (one-family detached dwellings), as well as the permitted uses in URD-2, (one-family, two family, three-family and four- family detached dwellings). Mr. Gould reviewed the City’s Land Use Policy in the area and had a map of existing land uses along Perkins Street, noting an impound yard for Union Street Towing and other automotive land use on Perkins Street that pre-existed the zoning ordinance. Mr. Gould noted that historically, Hammond Street was a commercial artery with many older commercial uses such as the Ford dealership. After the Interstate was constructed the City began to redirect those land uses to larger lots further outside of the urban core. Much of what once existed on Hammond Street today linger on as nonconforming sites. The decision for the Board is to balance the existing conditions, the current zoning, and the land use policy outlined in the Comprehensive Plan, and make a recommendation to the City Council on the request. Mr. Gould further noted that the Board did not have to make a decision this evening, in light of the applicant not being present, but could continue deliberation to the next meeting, in which time staff would contact the applicant and encourage them to attend. Member Durgin moved to recommend the City Council not approve the rezoning request. Member Guerette seconded the motion. The Board voted unanimously to recommend the Council not approve the requested zone change from URD-1 to URD-2 contained in C.O. 18-378. 2 IN CITY COUNCIL OCTOBER 10, 2018 COr 18-378 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF OCTOBER 16, 2018 Beradici—c-vi CIT CLERK IN CITY COUNCIL OCTOBER 22, 2018 COr 18-378 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 0-9 COUNCILORS VOTING YES: NONE COUNCILORS VOTING NO: DAVITT, GRAHAM, NEALLEY, NICHOLS, PERRY, SUPICA, TREMBLE, WESTON, SPRAGUE FAILED ale77.9.?c,"--L'i CITY CLERK