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Home My WebLink About2018-12-10 19-035 ORDINANCETitle, Ordinance CITY COUNCIL ACTION Council Meeting Date: December 10, 2019 Item No: 19-035 Responsible Dept.: Planning Action Requested: Ordinance 19-035 12/10/2018 Map/Lot: Tax Map 006, Lots 119 and 119A Amending Chapter 165, Land Development Code, Contract 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. Contract limitations shall limit the number of dwelling units to no more than two. Committee Action Committee: Planning Board Action Staff Comments & Approvals Meeting Date: December 18, 2018 For: Against: rn City Manager City S licitor Finance Director Introduced for: First Reading and Referral to Planning Board Meeting of December 18, 2018 CITY COUNCIL ORDINANCE Date: December 10, 2018 Assigned to Councilor: Tremble 19-035 12/10/2018 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. PROVIDED, HOWEVER THAT, in addition to the mandatory conditions imposed by Chapter 165-7 of the Ordinances of the City of Bangor, said change of zone is granted subject to the following limitations: 1. The residential structure on the property shall contain no more than two dwelling units. 2. Execution by those parties with an interest in the affected property providing for the implementation and enforcement of all the terms and conditions set forth above and the recording of said executed agreement in the Penobscot County Registry of Deeds by the property owner. In the event that said agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. Chair Boothby asked for the Planning Officer’s report. Mr. Gould reviewed the City’s Land Use Policy in the area and presented a map of existing land uses along Perkins Street, noting several automotive land uses 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. Many of these earlier uses linger on as nonconforming sites, despite subsequent zoning. The decision before the Board is to balance 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. Member Shaw asked Mr. Gould why the Comprehensive Plan contrasts with the existing land uses. Mr. Gould noted that the Plan seeks to set a vision for the community moving forward from what existing conditions may necessarily be. Often development trends in the City change over time or are not anticipated when the plan is written. For this reason, the rezoning process includes input from neighbors so the Board can hear proponents and opponents in making a recommendation to the City Council. Changes to the Land Development Code and Zoning Ordinance are decided by the City Council; the Planning Board only makes a recommendation to the Council. Member Guerette moved that the Planning Board recommend the City Council approve the contract rezoning request. Member Durgin seconded the motion. The Planning Board voted 6 in favor, 1 opposed to recommend the City Council approve the requested contract zone change from URD-1 to URD-2 contained in C.O. 19-035. 2 19-035 DECEMBER 10, 2018 Memo To: The Honorable City Council From: David G. Gould, Planning Officer Date: December 19, 2018 Re: Amending Zoning Ordinance Perkins Street – Urban Residence One District (URD-1) to Contract Urban Residence Two District (URD-2) – C.O. 19-035 Please be advised that the Planning Board at its meeting on December 18, 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. James Dubay told the Board he wished to construct a duplex building on the property. He did not receive notice of the first hearing so they were returning to the Board for another hearing. After hearing neighbors’ concerns about his proposal, Mr. Dubay has added contract conditions to his rezoning request to specify that no more than 2 dwelling units may be constructed on the parcel. His plan is to build two one-bedroom units, and to reside in one of the units. He indicated that he sent letters to abutters and provided them with phone number to call if they had concerns with this request. Chair Boothby asked for any proponents to the application, there were none. Chair Boothby then asked for opponents to the application. 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 indicated the neighbors watch out for each other and this rezoning abuts their back yards. Ms. Gorneau presented a letter from Kevin Turner and Aimee Mattera (attached) who have concerns with what is proposed and the prior issues with grading of the lot. Planning Officer David Gould noted that his office had received a call from neighbor Michelle Hawes who is not in favor of the rezoning. Mr. Gould additionally noted that the contract rezoning includes an agreement between the City and the applicant that is recorded in the Registry of Deeds and “runs with the property” regardless of the owner, and that contract cannot be changed without another rezoning process. Mr. Robert Cort, owner of a 3-unit building at 58 Perkins Street asked about potential changes in setbacks and lot coverage between URD-1 and URD-2 zones. He noted he has owned this building for 35 years and the drainage from the adjacent lot has increased with recent filling activity mentioned by his neighbors. He is concerned that additional development will exacerbate the existing problem. l9 -O35 December lO,2Ol8 Kevin Tu'rner8^Aimee Mattehs SDean Street, Apt 1 Bangor, K4EO44O1 December 18, 2018 Dear Mannin�Board and Hammond Street, LLC, lwant tothank you forsending'us a notice regarding the hearing' toamend the Land Development[odc for the parcel located on Perkins Street and what your planned intent is regarding its usage and deve|opment. While | understand the plan istobuild atwo-unit duplex onthe property, with you living inone portion while nendO0 out the other; | do have some concerns. Unfortunately, due toprior engagements, we were unable to attend this hearing to,express this, so we hope that you Will read this today. Our concerns are asfollows: The land inquestion has been filled inwithout proper grading. For example, the fence, which abuts the property in question was built before the fill was added and the land was graded. This has resulted in a 2-footdrop from the lot on Perkins Street to the lots on Hammond. The area floods, causing erosion to drain from this lot onto my neighbor's property, subsectuently my property as well. What do the future tenants propose to, do in order to grade the land accurately to prevent erosion on to our properties? the plan isfor atmx>uoitThe will resuft]naminimum nfiwounits, upto48 believe) being built on this land. What guarantees or action do we have as neighbors to prevent the two units from expanding to a larger complex in the future? With up to 4 or 6 families that can dwell on this lot, this will significantly increase traffic and change the dynamic of the neighborhood, which could put a strain on the infrastructure that we have currently, specifically our roads and sidewalks. Ham mond LLC sent usaletter with reasons asiowhy they could not attend 'the hearing and what they intamdtodowith the property if this is passed. |f+hevalready know what they have ptanned, why, did we not receive any architectural plans or a map of what they are proposing? Atthis time ve both object tuthe reclassification. Weapologize that wecould not bethere for the hearing itself and the untimeliness of this letter. Our son has a school concert that we cannot miss. Weboth appredah0,your thneandhope that you consIderour votes, � Kind Kevin Turner QAimee Mattera (207)323-4380,(207)249-5929 IN CITY COUNCIL DECEMBER 10, 2018 COr 19-035 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF DECEMBER 18, 2018 4?4,7101/4.) 410-74-1-,4-1 CITY CLERK IN CITY COUNCIL DECEMBER 26, 2018 COr 19-035 MOTION MADE AND SECONDED FOR PASSAGE MOTION MADE TO POSTPONE UNTIL THE NEXT REGULARLY SCHEDULEDrMEETING MOTION FAILED VOTE: 7-1 COUNCILORS VOTING YES: DAVITT, NEALLEY, SCHAEFER, SPRAGUE, SUPICA, TREMBLE, NICHOLS COUNCILORS VOTING NO: GRAHAM PASSED CITY C6) — D�.ci,�rr,x1