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HomeMy WebLinkAbout1985-10-16 85-348 ORDER1( P '✓ 85-348 Introduced by Councilor Frankel, October 16, 1985 CITY OF BANGOR (TITLE.) @TiTBYt.......APProvSng and _,Adopting C,.,o{n ty Develppment Revitalization Plan for the Front Street Riverfront Revitalization Project By W City G nmaJI of the City of Bangor. THAT WHEREAS, under the provisions of Title I of the Housing and Community Development Act of 1974, the Secretary of Housing and Urban Development is authorized to provide financial assistance to local governments for undertaking and carrying out Community Develop- ment Programs; and WHEREAS, there has been prepared and referred to the City Council of the City of Bangor for approval and adoption a."Front Street Riverfront Revitalization Plan", a copy of which is on file in the Office of the City Clerk; and WHEREAS,.a Comprehensive Plan has been prepared and is recognized and used as a guide for the general development of the City of Bangor as a whole; and WHEREAS, the Planning Board of the City of Bangor has reviewed the Plan and has submitted to the City Council in writing its report and recommendations respecting the Plan indicating that the Plan conforms with the City of Bangor Comprehensive Plan and applicable zoning ordinances; and - WHEREAS, the City of Bangor has made studies of the location, physical condition of structures; land use; environmental influences, and social, cultural, and economic conditions of the Front Street River - front Revitalization Project Area and has determined that the area is a blighted area as defined in 30 M.R.S.A. § 4852 (1) and that the condi- tions herein fall within the "findings and declaration of necessity" as set forth in 30 M.R.S.A. § 4851; and WHEREAS, it is desirable and in the public interest that the City of Bangor, as part of its Community Development Program having as its primary objective the development of viable community by pro- viding decent housing, a suitable living environment and the expansion of economic opportunity, principally for persons of low and moderate income, undertake and carry out the Revitalization Plan for the Front Street Riverfront Revitalization Project encompassing the area as described in the Plan; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR: THAT it is hereby found and determined that the Front Street Riverfront Revitalization Project Area is a blighted area as defined in 30 M.R.S.A. § 4852 (1) and is hereby designated as such. THAT the Revitalization Plan for the Front Street Riverfront Revitalization Project dated October, 1985, a copy of which is on file in the office of the City Clerk, is herebyapproved and adopted by the City Council of the City of Bangor in accordance with 30 M.R.S.A.. § 4853. 85-348 0 R➢ER IN CITY COUNCIL October 15, 19e5 Title, - Referred to Planning Board - - Consider nextme tr'n //a approving qAp. optipg. cosmounicy. Development 6C� CTL Revitalization Plan theI ......... .. ... Front Street Riverfxont Revita Size t ion Project, IN CITY COUNCIL .f October 28, 1985 Introduced and filed by Referred to Community Development for public hearing on November 6N n Con r ist meetingfn Aovembex. 1(S JJ COWcilIDan H rami CITECIEKK In City Council November 13,1985 Passed amanded plan filed Vote for passage 8 Yee 1 No voting yes Brown,Cox,FreNcel, - Lebowitz,Mc Csrtby,6ulliven, Ter- Voti lley City Clerk J� ;15 j Bangor, the oenter of Maine—the Gamany to Maine's North Woods and Seashore Ranwa DEPARTMENT Of PLA I 1HIG Hd COMM" fTy COVE LIGAMENT MEMORANDUM October 11, 1985 TO: City Council FROM: Rodney G. McKay, Director of Planning and Community Development SUBJECT: Council Order 85-348 Front Street Riverfront Revitalization Plan The State Statute regarding Community Development requires that if the Community Development Program has not been prepared by the Planning Board, the 'municipal officers" shall submit the program to the Planning Board for its review and recommendations as to the program's conformity with the Comprehensive Plan and any applicable zoning ordinances. After the Planning Board's recommendations endations are received, the 'm nicipal officers' shall bold public hearings on the proposed plan after which themcipal officers" shall submit the program and any recommendations of ¢ the Planning Board to the "legis- lative body" of the municipality for their approval and adoption. Since, under the City of Bangor's form of government, the City Council constitutes both the "municipal officers" and "legislative body" the Council has to refer the Community Development Program (Council Order 85-348 "Revitalization Plan for the Front Street River - front Revitalization Project") to the Planning Board and after receiving the Planning Board's recommendations, hold am m of two n public hearings, o of which is being scheduled at theregular Council meeting on October 28th. Therefore, Council Order 85-348 should be referred to the Planning Board and continued on the Council Agenda until its meeting of October 28th. Attached for your information is a Copy of the Community Develop- ment Program Revitalization Plan for the Front Street Riverfront Revitalization Project. Exhibits to the Plan will be available at the Planning Board and Council meetings. R.G.M RGM/1g Attachment: AS A.,Y RANCOR, MAINE OMIN JOHN M, LORD ie_..o,tsa,om., '" "" ''°"` (94 of Pangor, fflaint DEPARTMENT Of PLA I 1HIG Hd COMM" fTy COVE LIGAMENT MEMORANDUM October 11, 1985 TO: City Council FROM: Rodney G. McKay, Director of Planning and Community Development SUBJECT: Council Order 85-348 Front Street Riverfront Revitalization Plan The State Statute regarding Community Development requires that if the Community Development Program has not been prepared by the Planning Board, the 'municipal officers" shall submit the program to the Planning Board for its review and recommendations as to the program's conformity with the Comprehensive Plan and any applicable zoning ordinances. After the Planning Board's recommendations endations are received, the 'm nicipal officers' shall bold public hearings on the proposed plan after which themcipal officers" shall submit the program and any recommendations of ¢ the Planning Board to the "legis- lative body" of the municipality for their approval and adoption. Since, under the City of Bangor's form of government, the City Council constitutes both the "municipal officers" and "legislative body" the Council has to refer the Community Development Program (Council Order 85-348 "Revitalization Plan for the Front Street River - front Revitalization Project") to the Planning Board and after receiving the Planning Board's recommendations, hold am m of two n public hearings, o of which is being scheduled at theregular Council meeting on October 28th. Therefore, Council Order 85-348 should be referred to the Planning Board and continued on the Council Agenda until its meeting of October 28th. Attached for your information is a Copy of the Community Develop- ment Program Revitalization Plan for the Front Street Riverfront Revitalization Project. Exhibits to the Plan will be available at the Planning Board and Council meetings. R.G.M RGM/1g Attachment: AS Bangor, the Center of Maine—the Gafeuay to Maine's North Woods and Seashore Resorts RODNEY G. REPAY CITY "ALL Ck"P, BANGOR, MAINE HERN �mc8°r, oat" re�>o„e.,aa., JOHN M. LORD PIEVMw Goon Cam of DEPARTMENT M PLANNING Yd COMMUNITY DEVELOPMENT DATE: October 23, 1985 TO: The Honorable City Council FROM: - The Planning Board SUBJECT: Approving and Adopting. Community Development Program - C.O. d 85-348 Please be advised that the Planning Board at its regular meting on October 21, 1985 reviewed the above Community Develop- ment Revitalization Plan for the Front Street Riverfront areawith aspect to its conformity with the City of Bangor Comprehensive Plan and the City's Zoning Ordinance. After review of the plan and .the proposals in regard to redevelop- ment of the area and the possible creation of a special waterfront development zone, the Planning Boardvoted six in favor andn e opposed to recommend to the City Council that the Front StreetnRiver- fiont Revitalization Plan be adopted as its proposals for redevelop- ment of the area are consistent with the City's Land Use planning policies and that implementation of the recommendations of the plan as to zoning in the area would be recommended by the .Planning Board. I I YO 01111 M. Lord planning Officer COMMUNITY DEVELOPMENT PROGRAM REVITALIZATION PLAN FOR THE FRONT STREET RIVERFRONT REVITALIZATION PROJECT Submitted to: —CITY COUNCIL OF THE CITY OF BANGOR OCTOBER, 1985 COMMUNITY DEVELOPMENT PROGRAM REVITALIZATION PLAN FRONT STREET RIVERFRONT REVITALIZATION PROJECT TABLE OF CONTENTS Page No. I. PROJECT BOUNDARIES 1 II. EXISTING CONDITIONS 1 III. REVITALIZATION PLAN GOALS AND OBJECTIVES 5 IV. LAND USE PLAN V V. CIRCULATION 9 VI. PUBLIC IMPROVEMENTS 10 VII. REVITALIZATION PLAN IMPLEMENTATION -12 VIII. PROGRAM ACTIVITIES 13 A. Rehabilitation 13 B. Property Acquisition 14 C. Acquisition and Clearance 15 D. Private Investment Incentive Loans 16 E. Marketing and DaV010pmenc Assistance 16 IX. LAND DISPOSITION 17 A. Introduction 17 B. Land Disposition Map 19 C. Determination of Disposal Price - 19 D. Preparation for Disposal 21 E. Disposal of Land 22 F. Maintenance of Records 24 G. Approval of Plan 25 E. Fee Option Schedule 27 MAP EXHIBITS EXHIBIT '1" PROJECT AREA BOUNDARY EXHIBIT "2" EXISTING ZONING EXHIBIT "3" EXISTING LAND USE EXHIBIT "4" PROPOSED DEVELOPMENT POLICY EXHIBIT "5' PROPERTY ACQUISITION FRONT STREET RIVERFRONT REVITALIZATION PLAN I. PROTECT BOUNDARIES The Front Street Riverfront Revitalization Project Area is situ- ated in the City of Bangor, County of Penobscot, State of Maine. The attached Front Street Riverfront Revitalization Project Area Map entitled "Exhibit 1" delineates the project boundary. II. EXISTING CONDITIONS The following discussion deals with the existing conditions in the Front Street Riverfront Area which supports the present need for imple- mentation of the Front Street Riverfront Revitalization Plan. The Front Street Riverfront Area, located at the mouth of the Kenduskeag Stream at its junction with the Penobscot River and extending in a southwesterly direction for approximately 3,000 feet, contains a mixture of physically deteriorated, functionally obsolete and under- utilized buildings as well as a detrimental mixture of commercial, residential, warehousing and industrial uses and activities. Evidence of the detrimental impact of conditions in this area is easily seen through the disinvestment which has taken place over recent years, the loss of jobs in the area with its resulting negative impact on the economic base and tax base of the community as well as its negative influence on the adjacent downtown area which is in the throes of redevelopment and substantial revitalization efforts by both the public and private sector of the City. This area is presently one in transition from its former orienta- tion to the river and the water commerce which tied Bangor to the outside world and the retail and service function of the City's late twentieth century economy. The recreational values of the Penobscot River are only now being recognized and the recent success of the Mt. Katandin tour boat on the river has illustrated the economic potential of these values. In mpatible Uses and Conflicting Activities While there are obvious conflicting and potentially hazardous activities in this area such as the extensive tank farm and the railroad switching traffic from adjacent railyards, there are also a number of less obvious but equally conflicting uses taking place on the 29 parcels within this project area which have discouraged recent investment in the area. There are a number of underutilized properties whose primary economic value is derived from warehousing occupancy or, in some cases these properties are totally vacant. There are presently seven ware- house structures which are in various states of use, as well as two wholesale and warehousing establishments which are active, and eight commercial uses which are primarily in the heavy commercial areas such as a feed stare and building supply. Additionally, there are two industrial uses, a coal yard and an extensive tank farm, one wholly residential use; and three mixed residential and commercial use prop- erties in the area. There are three public parcels, one of which contains a recently constructed docking facility, necessary parking and access to the Penobscot River, and the others contain open space and the City's pump station. There is one structure which has been used by the Maine Central Railroad as a part of its switching activities in the area (and adjacent to it to the southwest) and there are two vacant parcels which are totally unutilized and have no buildings on them. It appears that in order to stabilize property values in this area and to eliminate blighted influences and structures, there will have to be removal of some buildings and uses in the area, if this project is to achieve its goals. 3 Obsolescence of 0uildinas Many of the buildings in this area have been designed for uses which they no longer serve. Some of these are sound and have a potential for redevelopment and reuse for more compatible and economi- cally viable activities and it will be the objective of this project to encourage such activity. However, the long-term lack of maintenance on some of the less well constructed buildings as well as their functional obsolescence has created an economically depressing affect upon the area and adjacent areas of the City. Some of these properties are not economically or structurally feasible for rehabilitation to create minimum standards for occupancy and reasonable use. Detrimental Structural Conditions Most buildings in the area are in excess of 40 years in age (there is one new restaurant on the edge of the project which was built on an Urban Renewal parcel in the 1960'x). As such, these buildings suffer from lack of modern utilities, energy retrofit, and have extensive physical deterioration. The disinvestment which has taken place in the area has aggravated many of these building conditions by allowing deterioration from exposure to the elements. Infrastructure Deterioration There are a number of streets in the project area which suffer from deteriorating conditions and there are numerous other physical features such as bulkheads and other wharf line structures which are badly deteriorated. The municipality will have to make investment in the public improvements which suffer from neglect in this area. code enforcement Because property values in the Front Street area are depressed and because of the underutilization of properties and the lack of revenue resulting from this underutilization, there has not been proper mainten- ance of structures within this area. The high costs of repair and rehabilitation needed to meet minimum code requirements and the limited market for use of much of this space in its present condition has created an environment where many properties, if not most, would not meet minimum City codes. Only when properties are rehabilitated for reuse will these conditions be addressed. Other Deficiencies The area in question has poorly defined separation of pedestrian, auto, and rail movements. The lack of sidewalks in many instances as well as the lack of definition between auto and rail movement and more physical separation of such activities makes the area hazardous and unattractive for reuse at this time. Inadequate off-street parking for reuse which would generate automobile traffic along with a generally hostile environment to the pedestrian are impediments to the areas reuse for non -industrial uses. The provision of pedestrian access and the separation of automobile and rail traffic, which becomes more feasible as the switching traffic in this area is reduced, are a must if the area is to be reclaimed for economically viable activity. Designation of Front Street Riverfront Revitalization Area as a Blighted Area The Front Street Riverfront Revitalization Area contains anumber of properties that by reason of dilapidation, deterioration, age, obsolescence and inadequate off-street parking, endanger life and property by fire and other causes. These substandard conditions are detrimental to the public health, safety, and welfare of the community as a whole. Immediate revitalization action is necessary to eliminate existing blight and t0 restore the Front Street Riverfront Area as a vital part of the City. III. REVITALIZATION PLAN GOALS AND OBJECTIVES Primary Goal The primary goal of this revitalization plan is to develop an economically viable and attractive area by providing expanded economic opportunities primarily for persons of low and moderate income, by providing adequate public facilities, and by creating an environment which will permit safe and functional use of this area for suitable living, recreational, commercial, and other activities. Consistent with this primary goal, this plan includes the following specific objectives. Specific Obiectives A. The identification and elimination of slums and blight, the prevention of blighting influences, and the deterioration of property in neighborhood and community facilities of importance to the welfare of the community and principally to persons of low and moderate income. B. The elimination of conditions which are detrimental to health, safety, and public welfare through code enforcement, demolition, rehabilitation assistance, redevelopment assistance and related activites. C. The conservation and expansion of housing stock in order to provide a decent home and a suitable living environment for all persons, but principally those of low and moderate income. 0 D. The improvement of the quality of community facilities and services, principally for persons of low and moderate income, which are essential for sound community development and for the development of viable urban communities. B. The restoration and preservation of properties of special value for historic, architectural or aesthetic reasons. F. The conservation of the nation's s energy resources, improvement of energy efficiency, and the provisions of alternative and renewable energy sources of supply. G. The conversion of the Front Street Waterfront Area from its current industrial use and image into an area of water -oriented, recreational, civic amenities, visitor uses, residential, retail and office uses. H. The establishment of full access to the Penobscot River by the public through provision of both public and private facilities. 1. The creation of a mutally supportive relationship with the rest of the Downtown Revitalization Area. of Bangor. a. The maximization of access to the waterfront Area from 1-395, the chamberlain Bridge, and the Downtown Core. IV. LAND USE POLICY General Land use policy for the Front Street Riverfront Area is intended to be broad in scope in order to provide flexibility necessary to allow the continuation of the process of changing the primary function of this area from its former orientation of rail and water transportation, industrial, and warehousing activities to the envisioned commercial, cultural, residential and recreational use of the area. There is great need to provide direction for the reuse of area properties and to clarify future opportunities in order to stabilize property values and encourage new private investment. The present land use policy as expressed in the City's city-wide Land Use Plan and the existing zoning would allow for the range of activities envisioned in the area. Now - ever, this existing policy and the existing zoning, particularly the I-3 zoning, allows for too wide a range of potentially conflicting activi- ties to encourage the kind of investment necessary to reuse existing properties in the area. The City's Land use Plan includes an area for industrial use in the Front Street Area along the west end of Front Street and the west side of Railroad Street (which is either being used commercially or for limited industrial use on two particular sites at this time). The I-3 zoning which allows a wide range of commercial and industrial activities applies to this same area of the project. The study done of the waterfront area by Lane, Frenchman and Associates, recommends that the policy be reviewed and that a waterfront development zone be established which would realign the ranges of activities per- mitted and encourage a coordinated and complimentary development of the area.. In order to clarify the City's Land Use and development policy the following courses of action are recommended: A. Provide reasonable and well-defined areas of compatible land use in the area (amend the City's Land Use Plan and Zoning Ordinance, if necessary).. B. Establish a Waterfront Development Zone which would be, oriented to the special characteristics and needs of the area along the Penobscot Riverfront. (This would not include all of the project area, but the primary target area along the river£ront.) C. Institute concentrated code enforcement throughout the area. D. Institute spot acquisition and clearance or rehabilitation and redevelopment of a limited number of dilapidated,incompatibly developed or functionally obsolete properties. E. Establish a redevelopment review and approval process to ensure compatible reuse of the area in accordance with this Plan. F. Design and carry out public infrastructure improvements i the area as deemed necessary to achieve the goals and objectives of this plan. Proposed Uses As the Front Street Area continues the process of shifting its use from the heavy industrial and transportation orientation to commercial, cultural, and recreational uses, it is logical to assume that certain activities should and would be promoted. These would include appro- priate retail establishments, restaurants; educational, cultural and entertainment facilities, recreation, recreational marine activities, pedestrian amenities and open space. Also, it is anticipated that under proper conditions there would be an opportunity for the creation of specialized residential uses which take advantage of the emerging recreational, educational, and cultural flavor of the area. Areas to the near of the Waterfront Development Zone would also include potential reuse for residential and professional office uses. Reuse guidelines should provide for development standards which protect the views of properties to the rear of the waterfront from development along the waterfront and ensure an ample amount of open space, necessary parking and other support areas. V. CIRCULATION Planning for safe and efficient access in and out of an area of this type is critical to maintain the marketability and functionality of the area. At the present time, there is extremely limited movement of pedestrians and automobiles through this area due to lack of clearly defined facilities to separate various types of traffic movements and due to the high level of rail switching traffic through the Front Street area. However, rail switching is rapidly being phased out of this area and it is anticipated that there will be, basically, a very limited number of slow through movements of freight in this area to contend with in the future. This provides an opportunity to improve vehicular and pedestrian circulation in the area as it redevelops with more people generating activity. Future Circulation In the future it is anticipated that improvements to the major highway access points to this area from the Railroad Street and Broad Street accesses can be made to provide better automobile access. Also, there isneed for pedestrian linkage between this area and the core area of the downtown north of Washington Street along the old Broad Street access. The provision of pedestrian walkways and amenities which define pedestrian areas and separate them from rail and automotive areas is critical to the future reuse of the area. It is also possible that better access from May Street may be provided and, in the long run, there may be further access along the riverfront west of Railroad Street to integrate future development of the riverfrontage with this area. Future plans for the area are also envisioned providing shuttle bus service from the Central Business District to facilitate access to the area by downtown. visitors and reduce the need for separate on-site parking within the specific area. 10 Vi. PUBLIC IMPROVEMENTS The City's efforts are best expended for those activities which benefit all visitors and users of the waterfront area and especially for those activities for which there is insufficient interest or incentive to elicit private investment. In the waterfront area, these publicly funded improvements could include the repair, replacement and/or exten- sion, as necessary, of a variety of general use facilities such as: streets, sidewalks, water and sewer lines, storm drains, street and pedestrian lighting, parking areas, walkways, pedestrian benches and trash receptacles, trees and plantings, improved vehicular and pedes- trian railroad crossings, bulkhead and riprap improvements along the river's edge, additional boat landings and anchorages, directional signs and directories and, perhaps, a visual focal point such as a fountain, statue or historical display. In order to support the revitalization of the Front Street River - front Area it will be necessary to commit public investment to up- grading the public improvements of the area as well as to create an environment for private investment through other mgThe primary emphasis in the public improvements program will be in the right-of-way areas to facilitate the above -noted separation of pedestrian and automobile traffic and in critical open space and river access sites between Front Street and the Penobscot River. The following program is projected for the Front Street Riverfront Project Area: A. Broad Street from Washington Street to Front Street - street improvement and provision of pedestrian walkway. 11 B. Front Street - overlay/reconstruct street and provision of sidewalk, railroad screening and pedestrian amenities. C. Railroad Street - Pleasant Street to Front Street - overlay/ reconstruct street, curbing, and establishment of pedestrian walkways. B. City lot between Front Street and the Penobscot River under the Chamberlain Bridge - reconstruct for parking and pedestrian movement and amenities. E. City owned land between Viner Warehouse and Penobscot River - riprap and provide pedestrian access as well as boat dock and access ramp• F. Restoration and extenion of bulkheads on Penobscot River bank of Irving Oil Tank Farm and Superior Paper to Coal Energy bulk heads, if and when acquired. G. Installation of outside pedestrian seating and amenities in conjunction with redevelopment of acquired parcels between Front Street and the Penobscot River. 12 VII. REVITALI2ATION PLAN IMPLEMENTATION The first step to be taken in the implementation of the Front Street Riverfront Revitalization Plan is its adoption by the City Council as a specific part of the Community Development Program. Once adopted, the plan will become a useful working document to guide future decisions and provide effective controls of the development in the area consistent with the community needs and goals as outlined in this plan. After the necessary approvals, the revitalization process begins in earnest through a coordinated action program to fulfill the objectives of the Front Street Riverfront Plan. The principal implementation activities include: A. The carrying out of a comprehensive code enforcement program by code enforcement personnel both to identify rehabilitation and spot clearance candidates and to bring substandard conditions into compliance with City codes. B. The acquisition of certain key parcels, after the appraisal process, and their clearance or rehabilitation fon reuse. C. The implementation of land use policy recommendations and the establishment of any changes to the City's Zoning Ordinance deemed beneficial to carrying out this plan for the project area. O. The design and construction of public improvements to streets and other public facilities in the project area by the City. of Bangor. 13 e. The promotion of participation, reuse and reinvestment in area properties by private sector property owners through: 1. Consultation and technical assistance provided by Communtiy Development Staff. 2. low interest property rehabilitation financing to eligible participants through the City's Community Development Program. 3. Establishment of s cooperative development corporation to carry out coordinated private sector reuse and revitalization projects. P. The disposition of acquired property through procedures out- lined in this plan. G. Provision of follow-up activities to include inspection and supervision of public improvement projects; rehabilitation and clearance of sites; and a code and compliance program by the City of Bangor Staff. VIII. PROGRAM ACTIVITIES The principle activities to be undertaken in the Front Street Riverfront Revitalization Project area will be code enforcement, prop- erty rehabilitation and redevelopment, acquisition and clearance of dilapidated properties, relocation of displaced persons and businesses, and improvements to publicly owned facilities. A. Rehabilitation Wbere property rehabilitation is both necessary and appro- priate, it will be undertaken in this project area. Rehabilitation is deemed necessary where a property fails to satisfy minimum property 16 maintenance code standards. Rehabilitation is deemed appropriate where it is economically and physically feasible and where, through such rehabilitation, the property will become compatible with the Project's Goals and Objectives and Land Use Plan. Code Enforcement personnel will inspect all properties in the project area and provide a list of code violations to each property owner. After reviewing code inspection reports, the Director of Planning and Community Development will make a decision whether rehabil- itation is both necessary and appropriate for each property. Efforts will be made to promote and assist in the private rehabilitation of properties. B. Property Acquisition The City of Bangor may acquire in whole or in part, by purchase, lease, donation or otherwise, property located in the Front Street Riverfront Revitalization Project Area )including air rights, water rights, rights-of-way, easements, and other interests therein) which is determined by the City Council to be: Blighted, deteriorated, deteriorating, undeveloped or inappropriately developed from the standpoint of sound community development and growth; Appropriate for rehabilitation or conservation activites; Appropriate for the preservation or restoration of historic sites, the beautification of urban land, the conservation of open spaces, natural resources and scenic areas, the provision of recreational oppor- tunities or the guidance and promotion of urban water- front development; 15 Used for the provision of public works, facilities and improvements; Used for other public purposes, including the con- version of land to other uses where necessary or appropriate to the Front Street Riverfront Revitali- zation Project; or Used to provide area for redevelopment. C. Acquisition and Clearance Properties in the project area which do not meet minimum code standards and for which rehabilitation is not appropriate maybe acquired and cleared. After consulting with the Code Enforcement Office, the Director of Planning and Commuity Development will deter- mine whether acquisition and clearance is necessary to achieve the Project's Goals and Objectives and to comply with the Land Use Plan. He will then make a recommendation to the City Council which will make the final decision regarding acquisition and clearance based upon the Project's Goals and Objectives and Land Use Plan. Acquisition and clearance will: 1. Remove blighted and slum properties and properties having a blighting influence on other properties in the project. 2. Provide land necessary for needed public improvements and/or facilities, open space and/or planned redevelop- ment FE Remove uses incompatible with the Project's Land Use Plan. D. Private Investment Incentive Loans A low-interest loan program similar to the Bangor Center Revitalization Loan Program could be offered as an additional inducement for private investment for appropriate redevelopment and rehabilitation projects in the waterfront area. These loans could be CDBG funded if tied to job creation activities or removal of slums or blight. E. Marketing and Development Assistance The City should be a participant in any non-profit develop- ment corporation which might be created to market or develop acquired waterfront parcels and/or to promote and market the project area in general. The City's community development, planning and engineering staffs should be active participants in the efforts of such a develop- ment corporation. I%. LAND DISPOSITION A. Introduction 1) 1. This section establishes policies and requirements applicable to the marketing, disposition and redevelop- ment of real property under the City of Bangor Community Development Program. 2. Reuse of acquired property is a principal objective of the Community Development Program. In seeking this objective, the City shall: a. Schedule and coordinate land marketing activities with land acquisition, relocation, demolition and the installation of site improvements, so that the disposition of land can be consummated and reuse or development can get underway as soon as possible after the land is physically ready for disposition. b. Publicize .the availability of sites, affording potential users or redevelopers the opportunity to make their interest known. c.Conduct the disposal of project land in a fair and equitable manner that is open to public scrutiny. Definitions - For the purposes of this section, the following terms shall have the following meanings: M a. Department - This term means the Planning and Community Development Department of the City of Bangor and the Planning and Community Development Department by and thru the Director of Planning and Community Development, whichever is applic- able. b. City - This term means the City of Bangor and the City of Bangor by and thru its Department of Planning and Community Development, whichever is applicable. C. Community Development Committee - This term means the Community Development Committee of the City Council of the City of Bangor. d. Finance Committee - This tam means the Finance Committee of the City Council of the City of Bangor. e. Fair Reuse Value - This teem means the fair market value of the property for its highest and best uses permitted under the Front Street River - front Revitalization Plan. f. Disposal for Public Use - This term means a disposal to the Federal Government, the State of Maine, the City of Bangor, any subdivision there- of, any of their agencies or instrumentalities, or retention by the City. 141 q. Disposal for Nonprofit Institutional Use - This term means a disposal to a nonprofit scientific or educational institution which will operate the redevelopment for a non-profit institutional use such as an aquarium or museum. Acquisition of land by a nonprofit institution for resale is not considered a nonprofit institutional use. h. Revitalization Plan - This term means the Bangor Community Development Program - Revitalisation Plan for the Front Street Riverfront Revitali- zation Project. B. Land Disposition Map Map Preparation - The City shall cause to be prepared a map indicating any and all parcels of land which may be offered for sale, lease or over which a utility ease- ment may be granted. When deemed necessary, a land survey and legal description may be prepared prior to obtaining any reuse appraisals. The map shall other- wise show the dimensions of each disposal parcel and each area subject to different land use controls or redevelopment requirements as outlined under the Revitalization Plan. A tabulation shall be attached to the map indicating the area of each parcel in square feet. C. Determination of Disposal Price 1. Minimum Disposal Price - Unless otherwise approved by the City Council all project land shall be disposed of at a price not less than its Pair Reuse Value. The fair reuse value shall reflect both the advantages created by the project and requirements and limitations on land uses to be imposed on the developer by the Revitalization Plan. The Minimum Disposal Price shall be established by the Finance Committee. 2. Number of Appraisals - Each parcel which shall be offered for resale shall, when determined necessaryt be appraised by at least one competent professional appraiser. If the City believes more than one appraisal is desirable in establishing a fair reuse value, it shall obtain such additional appraisals as it deems necessary. 3. Disposal Price of Easements - The City may grant or reserve, without charge, easements on project land for public utility service lines as it deems expedient or necessary. Value Of Right to Remove Improvements - If an existing building or other improvement is to be sold for removal to a site already owned by the purchaser, it scall be sold at its "value for removal at a purchaser's expense". A minimum of one appraisal or engineer's estimate by a professional in private practice or qualified individual on the staff of the Department or other public body shall be obtained. However, for a -package disposal consisting of both a site in the project area and a structure for removal to such site, the appraisal procedure established under paragraph 2. shall apply to the entire package. 21 5. Certification of Fair Reuse Value - The Finance Com- mittee shall study the appraiser's Fair Reuse Value determination and his report thereon. With respect to properties for which the Finance Committee accepts the appraiser's report and valuation, the Finance Committee shall adopt a resolution or by other official action make a certification which: a. Identifies each property by parcel number, square footage and proposed reuses. b. Specifies the amount established as the fair re- use value for each property. D. Preparation for Disposal 1. Disposition Schedule and Promotion - The City shall establish a sales promotion program for carrying out the sale of project land. The sales program may include the use of such materials as is deemed necessary, or the services of consultants, brokers or other professionals as may be required. 2. Declaration of Restrictions - The City may at its discretion record in the Penobscot Registry of Deeds a copy of the Revitalization Plan thereby directly advising prospective purchasers as to the restrictions, benefits and objectives of the Plan. The City shall also determine whether to record the entire Plan, specific portions or any amendments thereto. 22 E. Disposal of Land 1. Method of Disposal - The City may dispose of project land by sale or lease in accordance with any method permitted by State and local law to a developer or other parties selected either by negotiated sale of land or competitive proposal. However, prior to the execution of any agreements, the City Council shall by resolution, council order or similar action: a. Approve all agreements and conditions thereof. b. Approve the disposition price. 2. Competitive Proposal - In the event the City shall deem that land be disposed of for redevelopment by competi- tive proposal, the following procedure shall be followed: a. A notice shall be placed in one or more news- papers advertising availability of project land for redevelopment. The notice shall also advise where more information may be obtained, invite submissions of proposals, and establish reason- able time limits for all submissions. All proposal submissions shall comply with Prelim- inary Plan submission requirements set forth under Paragraph G., subparagraph 1., items a. thru c. b. Having received all proposals within the time limit indicated, the City shall allow thirty (30) days to review and evaluate all proposal sub- missions. The City shall otherwise evaluate all proposals on the basis of their compatibility with the Revitalization Plan. 23 C. After the thirty (30) day proposal review and evaluation period, the City may select from the proposals submitted, a tentative developer, and shall notify all persons submitting proposals of this fact. 3. Review of Proposals - A Design Committee, consisting of the City Council Community Development Committee, the Chairman of the Planning Board, the City Manager, the City Engineer, the Director of Planning and Community Development, and the Planning Officer, shall review and evaluate all redevelopment proposals submitted. The Design Committee shall Submit its recommendations for the selection of a tentative developer to the City Council which shall adopt a resolution designating the tentative developer. Option to Purchase - The City shall as soon as practical, enter into an agreement with the tentative developer providing him with an option to purchase. The City shall also indicate in the agreement the time limits for submission of final plana, penalties, if any, renewals and extensions. The developer will purchase the option according to a schedule based on a percentage each month of the purchase price which will be relative to the size of the parcel. S. Redeveloper's Qualifications - Before executing any final transfer of land, the City shall determine that the redeveloper possesses the qualifications and financial resources to acquire and develop the land in accordance with the Revitalization Plan. Transfer of land will contain the qualification that construction za begin and be completed within dates agreed upon. The City may, if it deems necessary, require the developer as part of the agreement to post a performance bond in an amount to be set by the City. The City may at its discretion, and for good cause, reject any prospective redeveloper based on an analysis of pertinent data relating to his qualifications. 6. Property Rehabilitation - A disposal agreement covering property sold subject to rehabilitation shall contain a work write-up detailing the work that must be performed by the buyer to conform to the Revitalization Plan and applicable codes and ordinances of the City. 7. Design Objectives - Al disposal agreements shall contain provisions for City review and approval of a developer's plans. The City shall review and approve all development plans prior to construction to assure compliance with Revitalization Plan objectives. P. Maintenance of Records The Cityshallmaintain records and reports, including copies of official Council, Community Development committee, Finance Committee, and Design Review Committee action, reuse appraisals, certifications, disposal agreements and other documentation concerning its land disposition activities for each parcel of land to be offered for resale. In addition, a running record in summary form shall be maintained indicating major actions and items of information on each disposition parcel. Periodic reports shall be made to the City Council detailing progress of the disposition program. 2s G. Approval of Plan Notwithstanding the requirements of the City ordinances regarding approval of building plans prior to construction, no construc- tion will be allowed within the limits of the Front Street Riverfront Revitalization Project area without the prior submission and approval of preliminary plans, and final plane and specifications. Said plan shall be reviewed and approved by a Design Committee consisting of the City Council Community Development Committee, the Chairman of the Planning Board, the City Manager, the City Engineer, the Director of Planning and Community Development, and the Planning Officer to ensure consistency in design and compatibility with the Revitalization Plan. No plans shall be approved unless said plans have been prepared by a duly registered architect, as defined by Title 32 of the Maine Revised Statutes Annotated unless otherwise accepted by the City. The following sub- missions shall be required: 1. Preliminary Plan - The intent of the Preliminary Plan shall be to outline the general scope of development or redevelopment, and to convey to the Design Committee sufficient information for them to determine the character of the work to be performed. a. Site Plan - The site plan shall be drawn to a scale of one (1) inch equals twenty (20) feet wherever practical. The Plan should include: (1) Property lines and dimensions. (2) Adjacent features, such as abutting streets, building outlines and property lines. (3) Existing and proposed paved areas, including the type of pavement and principal dimensions. em (4) The on-site parking layout, and traffic flow, if any. (5) Planting areas, including general size and variety of trees and shrubs. (6) All existing and proposed utilities, both above and below ground, including service connections and drainage facilities. (7) Principal elevations, grades, or contours, both existing and proposed. (8) Existing and new building outlines, including overlaps such as canopies or basement extensions. b. Floor Plan - The scale of the floor plan shall be left to the discretion of the architect. This plan shall show general room layouts and use, including entrances and exits. Dimensions may be approximate and the overall floor area for each floor shall be indicated. The elevation of each floor shall be indicated. C. Elevations - A suitable cross-section or elevation of the building shall be provided, either in the form of an artist's rendering of the building or a cross-section of the building. Where site grades play an important part in the layout of multi-level structures, the Design Committee shall reserve the right to request cut- away elevations showing the relationship of floors to surrounding grades. Materials to be used for exterior treatment shall be indicated. 21 2. Final Plans and Specifications - After approval of the preliminary plan, the developer shall then proceed with the preparation of final plans and specifications. Said plane and specifications shall show sufficient details necessary to ensure proper construction. All dimensions and elevations shall be accurate and all materials to be used in the structural or architectural treatment of the facility shall be outlined in complete detail. If, in the opinion of the Design Committee, there is a doubt regarding the structural adequacy of any facility, the developer shall provide all required back-up data, including structural computations, boring logs or material guarantees. H. Fee Option Schedule Having selected a tentative developer in accordance with the procedures outlined in the Revitalization Plan, the City shall at the earliest possible date enter into a sales agreement with the developer. At the City's discretion, reasonable time limits shall be established for the developer to exercise his option to purchase. The City shall require purchase option fees on all sales agreements. Pees shall be based on a percentage of the total purchase price. unless otherwise approved by the Community Development Committee, the fee schedule for an option shall be 1/2 0£ 18 of the purchase price each thirty (30) days. The sales agreement shall stipulate that option fees may be applied to the purchase price provided the final contract of sale and conveyance of land takes place within the specified period of time indicated in the agreement, or any extension agreed upon thereof, and that the redevel- oper of the land has the necessary cash and financing to develop the land in accordance with the approved plan.