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HomeMy WebLinkAbout1984-07-09 84-266 ORDER84466 Introduced by Councilor Frankel, duly 9, 1984 CITY OF BANGOR (TITLE.) (®xbtt,..... ..... App .5..=.aa Adopt g. community Development Program- ReviT 1 tin Pla f The Ga 18 d State N VO�borhood.Conzervation Project By the CUP( lofthe qty ofRm . ORDERED, 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 "Revital- zation'Plan for the Garland -State Neighborhood Conservation Project", a copy of which is on file in the Office of the City Clerk; and WHEREAS, a Comprehensive Plan has been prepared and i cognized andusedas:a guide for the general development of the City of Bangor as a whole; and 1. 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 Plah conforms with the City of Bangor Comprehensive Plan and applicable zoning ordinancea; 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 Garland -State Neighborhood Conservation Project Area and has determined that the area is a blighted area s defined in 30 M.R.S.A. $4852 (1) and that the conditions herein fall within the "findings and declaration of necessity" as set forth in 30 M.R.S.A. 94851; 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 'a viable community by providing 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 Garland -State Neighborhood Conservation Project encompassing the area as described in the Plan; - IN CITY COUNCIL - July 9, 1924 Referred to Planning Board aM Community Development Coomittee - Cona' next regular meeting.. w CLERK In City Council duly 23x1984 Passed Clty rh ORDER Title, !)pP69Yb09.?^P Adoet �lg co®nniey DevelOpuvant Program - Revitalization ................ 4........... 4... Plan for the GarlaM-State naighboxbood Conservation Project. Introduced and filed by �7wa9a2QM.f...Q........... Councilman * qqJt -5 A9;33 vp"'E0F9ANPOR CRY CIFRR NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR: THAT it is hereby found and determined that the Garland - State Neighborhood Conservation 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 Garland -State Neighborhood Conservation Project dated Jvly('1984 ) a copy of which is on file in the Office of the City Clerk, is hereby approved and adopted by the City Council of the City of Bangor 1n accordance with 30 M.R.S.A. $4853. M-266 COMMUNITY DEVELOPMENT PROGRAM REVITALIZATION PLAN FOR THE GARLAND -STATE NEIGHBORHOOD CONSERVATION PROJECT Submitted to: CITY COUNCIL OF THE CITY OF BANGOR July, 1984 COMMUNITY DEVELOPMENT PROGRAM REVITALIZATION PLAN GARLAND -STATE NCP TABLE of CONTENTS Page No. I. PROJECT BOUNDARIES . . . . . . . . . . . . . . . . . . . 1 I1. EXISTING CONDITIONS . . . . . . . . . . . . . . . . . . I III. REVITALIZATION PLAN GOALS AND OBJECTIVES . . . . . . . . 3 IV. LAND USE POLICY . . . . . . . . . . . . . . . . . . . . 4 A. General . . . . . . . . . . . . . . . . . . . . 4 B. Residential Land Uses . . . . . . . . . . . . . . . s C. Commercial Land Uses . . . . . . . . 6 O. Civic and Institutional Uses . . . . 6 E. Park and Open.Space and Resource Protection Uses 6 F. Accessory Uses ... . . . . . . . . . . . . . . . V. CIRCULATION . . . . . . . . . . . . . . . . . . . . . J VI. PUBLIC IMPROVEMENTS . . . . . . . . . . . . . . . . . 8 VII. REVITALIZATION PLAN IMPLEMENTATION . . . . . . . . . . 9 VIII. PROGRAM ACTIVITIES . . . . . . . . . . . . . . . . . . 10 A. Rehabilitation . . . . . . . . . . . . . . . 10 B. Acquisition and Rehabilitation . . . . . 11 C. Acquisition and Clearance . . . . . . . . . . 11 Table of Contents (Continued) Page No. If. LAND DISPOSITION . . . . . . . . . . . . . . . . . 12 A. Introduction . . . . . . . . . . . . . . . . . . . 12 B. Land Disposition Map . . . . . . . . . . . . . 14 C. Determination of Disposal Price . . . . . . . . . 14 D. Preparation for Disposal . . . . . . . . . . 15 E. Disposal of Land . . . . . . . . . . . 16 F. Maintenance of Records . . . . . . . . 11 C. Approval of Plan . . . . . . . . . . . . . IB N. Pee Option Schedule . . . . . . . . . . . . . . . 19 MAP EXHIBITS EXHIBIT "A" PROJECT BOUNDARIES EXHIBIT "B" PUBLIC IMPROVEMENTS EXHIBIT "C" EXISTING ZONING I. PROJEOS BOUNDARIES GARLAND -STATE NEIGHBORHOOD CONSERVATION PROJECT (NCP) The Garland -State NCP area is situated In the City of Bangor, County of Penobscot, State of Maine. The attached Garland -State NCP project area map entitled "Exhibit All delineates the project boundary. II. EXISTING CONDITIONS The following conditions currently exist in the Garland - State NCP area Indicating a present need for implementation of the Garland -State NCP Revitalization Plan Structural Deficiencies There are 403 Individual parcels 1n the Garland -State NCP area and they are classified as follows: 352 residential, 22 commercial, 10 mixed commercial -residential, 9 Institutional, and IN vacant. There isa high incidence of code violations in the area. A survey indicated that approximately 134 residential structures containing approximately 327 dwelling units or 34% of the residential properties in the Catland�State Neighborhood Conservation Project area e in violation of the City's Property Maintenance Code and will require rehabilitation assistance. Three structures containing four dwelling units are considered to be physically and economically beyond the. point ofbeing rehabilitated and require clearance. Overcrowding of residential structures An estimated 1.2% of the dwelling units are presently In an overcrowded condition in the project area. Incompatible uses The Incidence of incompatible uses in the Garland -State Area is relatively low. However, themajor thoroughfare which borders the south side of the project area and thearterial street bordering the north side of the area do have a minters - of uses along them. Most of the commercial uses u and mixed use structures a located along the State Streetthoroughfare. These areas are properly zoned to control such development. In the Garland Street frontage of 'the project area there are some nonconforming incompatible uses in substandard structures which it may prove feasible and desirable to eliminate. In other cases it will not be necessary or feasible to eliminate zoning nonconformities. Obsolete Building Types Two obsolete residential structures are located in the project area. These structures are not economically omically o structurally feasible for rehabilitation tocurrent os cupancy standards and needs. A prolonged lack of maintenanceon these structures has created aseconomically depressing effect on the a surrounding a There . s a also, 's ral barns and storage buildings whichsuffer fromfunctionaland physical obeoleeence and which have a negative impact on their surroundings Detrimental Structural Conditions It is estimated that 99% of the Garland -State Neighborhood residential structures ate in excess of forty years of age and e In need of winterization improvements such as insulation and storm windows to reduce heating costs, which are an increasing burden for low and moderate income families. Deficient Street System Several project a streets and sidewalks suffer from deteriorating conditions• Code Enforcement Because property values In the Garland -State NCP area re depressed, and because the costa of the extensive repairend rehabilitation needed to meet minimum code requirements are high, property owners s have not been willing to make the necessary financialcommitment to comply with minimum code standards. Only stringent code enforcement methods induce property owners to make repairs, and these repairs are often temporary measures, which soon give way to the .original substandardconditions. Other Deficiencies Inadequate off-street parking exists in portions of the project a and residents are forced to park their vehicles o the streets. This Situation, combined with frequently narrow streets, contributes to traffic congestiog in the area. Page 2 Designs ton of Garland -State NCP as a Blighted Area The Garland -State NCP a contains a umber of buildings that by reason of dilapidation, deterioration, age, obsolescenceand excessive lot coverage make Inadequate provision for ventilation, light, air, sanitation and open spaces and endanger life and property by fire and other The conditions of overcrowding and substandard housing are conducive to 111 health, t emission of disease, and crime and are detrimental to the public health, safety and welfare of the community as a whale. Immediate revitalization action is necessary to eliminate the existing blight and to restore the Garland -State NCP area a vital part of the City. IEI. REVITALIZATION PLAN COALS AND OBJECTIVES Primary Coal The primary goal of this Revitalisation Plan is to develop viable and attractive neighborhood by providing decent housing and suitable living environment, by providing adequate public facilities and by expanding economic opportunities, principally for persona of lou- and moderate -income. Consistent with this primary goal, this plan includes the following specific objectives. Specific Obiectives A. The identification and elimination of slums and blight and the prevention of blighting influences and the deterioration of property and neighborhood and community facilities of importance to the welfare of thee unity and principally to persons of lox- and moderate -Income. B. She elimination of conditions which are detrimental to health, safety and public welfare through code enforcement, demolition, rehabilitation assistance and related activities. C. The conservation and expansion of housing stock in order to provides decent home and a suitable living environment for all persons, but principally those of low- and moderate -income. 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 developmentof viable urban communities. Page 3 E. The reduction of the isolation of income groups within the community and the promotion of an Increase in the diversity and vitality of neighborhoods through the spatial deconcentration of housing opportunities for persons of lover income and the revitalization of deteriorating. or deteriorated neighborhoods in order to attract persona of higher income. P. The restoration and preservation of properties of special value for historic, architectural or aesthetic reasons. G. The conservation c vation of the Nation's a resources, energy r rtes, improvement of energy efficiency, and the provision of alternative and renewable energy sources of supply. IV. LAND USE POLICY A. GENERAL The Land Use Plan for the Garland -State NCP area is intended to be broad in scope in order to provide the flexibility necessary to direct the revitalization of the area in the years ahead. As the guide for the a s development the City-wide Land Use Plan designated specific areas which are a best suited for residential, commercial, park and open apace, a and civic and institutional u This Land Use Policy for the Garland -State Street NCR area has been developed from the City- wide Land Use Plan which was amended by the City Council In 1979. Decisions relative to the location and distribution of these various types of land uses have been determined through analysis of existing land use and definable development trends. Clear land use e policy In the Garland -State NCP area along with public and private Invea'tment-Is necessary ff the area is to be revitalized. In order to fulfillthis objective the following courses of action are recommended: 1. Provide'rannable and veil defined areas of compatible lend use inthe area (Amend Zoning Ordinance, if necessary). 2. Institute. concentrated code enforcement. 3. Provide property rehabilitation assistance. 4. Institute spot acquisition and clearance or rehab- ilitation of a limited number of dilapidated properties. 5, Design and carry out improvements to public facilities in the area as deemed necessary. Page 4 B. RESIDENTIAL LAND USES Residential uses in the project area e broken down into two major categories with density as the primary criteria of differentiation. Most of the residential area consists of dwellings with from one to four .units per structure and these areas have been identified medium density residential" Within these areas there e n a few nonconforming residences with a of four dwelling units and a few mixed residential/commercial uses which, primarily, contain office uses. Multi -family residential uses including those in excess of a 4 units per dwelling characterize the areas in the "high - den" ty highdensity residential" category. There are also nonresidential a such as offices and funeral homes in these areas.Zoning Inthese high-density residential a 'allows ft, sch use, as rooming and boarding houses and also allows, as special exceptions, for office uses on major arterial streets The present characteristics of these two residential use areas e different and their treatment in the Garland -State Revitalization Program„ Pill, therefore, be different. A concentrated Code Enforcemeat Program should be used throughout allresidential areas. The emphasis will be o rehabilitation in both the "Medium density" and "high density" residential areas with the possibility of eliminating isolated nonconforming uses. The highly congested nature of these "high density" areas along with the greatest incidence of dilapidated structuresprovides the necessity ity of such a approach in some circumstances. The following land use guidelines are provided for the two types of residential areas in the Garland -State Project area. 1. Medium Density Residential Permitted uses In these areas one family, two family, three family or fourfamily dwellings, provided that there shall be a minimum of 6,000 sq. ft, of lot area for the first two dwelling units and 1,500 sq. ft. for each additional unit. All ocher appropriate zoning regulations of the City of Bangor will be following. 2. High Density Residential Permitted uses are multi-family dwellings Including but not limited to apartments and townhouses Provided, however, that the maximum density shall not exceed 25 dwelling unite per acre [shall any building a eed a height limit of 40 feet. All other appropriate zoning regulations of the City of Bangor shall be adhered to. As special exceptions boarding and rooming houses a e permitted a well as office uses on main streets in the area. Page 5 C. COMMERCIAL LAND USES 1. Neighborhood Commercial There are several neighborhood commercial -n primarily,on Broadway, Garland and State Streets in the Garland -State NCP area. Permitted uses contemplated In these areas are convenience retail and local a rvice u whose size and character are intended, primarily6e to serve the local neighborhood. Examples of these uses are food stores, laundromats. drug stores, beauty and barber shops. Additional examples of these uses are listed under Article 11 of the Zoning Ordinanceofthe City of Bangor. Such uses shall not occupy buildings with an a in excess of 2,000 sq. ft. of groes floor 2. General Commercial There are n umber of commercial establishments on Broadwayand State Streets that presently provide services to the larger community beyond the immediate neighborhood. examples of such uses include corporate and business offices, laundries, dry cleaners and pharmacies. Such uses e further defined in Article 12 of the City Z Zoning Ordinance. D. 'CIVIC AND INSTITUTIONAL USES There are a few civic and institutional uses in the r Project a These include, primarily, schools and churches. Permitted uses and development standards for civic and institutional areas are further defined in Article 18 of the Bangor Zoning Ordinance. E. PARK AND OPEN SPACE USES There Is an attractive neighborhood park (Chapin Park) located in the center of the Garland -State Project Area. This facility receives a great deal of use from a wide range of age groups in the project area, particularly, from those blocks immediately surrounding the park. Neighborhood parks of this type are limitedto traditional recreational use and openapace enjoyment, as more particularly described In Article 19 of the Bangor Zoning ordinance. The Chapin Park facility has need for considerable upgrading at the present time as the change in emphasis from a decorative, visual, open apace function to a combined family and child, active use area has created demands for which the facility 1s poorly equipped to provide. Page 6 F. ACCESSORY USES It is to be [s cognired the[ certain a sa ory a which e incidental andsubordinate to the primary use of property In the area a ¢ not only necessary but an integral part of the principal u eThese a e within residential a would include, for example: accessory use garages for storage of motor vehicles, utility storage buildings and necessary areas for parking, circulation and landscaping. In commercial a eas s there would be additional types of accessory uses including lighting, signs, pedestrian circulationand offstreet parking and loading areas. In such commercial locations paved as and a s accessory u structures will conform to the screening requirements of the Zoning Ordinance of the City of Bangor as well as requirements for location of structures and signs asIn the Sign ordinance of the City of Bangor. V. CIRCULATION A. INTRODUCTION Planning for Increased traffic safety and higher volumes Involves structuring a street system designed to handle various types of traffic. In order to accomplish this objective, streets must be classified, designed, and built in e manner which will facilitate the level of service required to expedite the movement of local and through traffic. Thus, a circulation system which Is capable of satisfying these demands must ultimately require streets of various right-of-way and pavement widths. The identification of street function within this system will determine the a unt of right-of-way and pavement width to insure good traffic circulation. A good circulation system, therefore, requires omplete integration of high and low volume roadways. The streets which are part of the major street system provide for larger volumes of through traffic with the objective of optimizing safety and efficiency in the movement of that traffic. The interior street system has both collector streets and local access streets, which, primarily, provide access to abutting properties. Within the project area the followingtypes of streets are designated for traffic circulation purposes: d. Arterial Streets A major streetar highway which provides -direct movement to all parts of the City. Such streets are intended as prime traffic carriers within the City and into neighboring municipalities. Broadway and Sheet Street are designated as arterial streets.' Page 2. Collector Streets A collector street provides for traffic movement between major arterial streets. Collectorstreets may also provide access s to abutting properties, but their primary purpose is to collect traffic from local streets and distribute it to the major niers. Garland, Somerset, Essex, and Cumberland Streets are designated as collector streets. 3. Local Streets A local street Is intended primarily for providing direct access to residences o other abutting property. To serve this function in an efficient and safe manner, , local streets should not be designed to cry highspeed or high volume traffic. and it is preferable that they be short in length. The remaining streets a e designated as local streets in te Garland -State Project area. VI. PUBLIC IMPROVEMENTS In order to provide the Garland -State area with the proper public services, is is necessary to institutea program for improvements of a umber of the existing facilities. The primary emphasis in this public improvements program will be street overlay and reconstruction, new Catch basins, curbs, sidewalks and esplanades, and sidewalk removal and overlay as, shown on the Public Improvements Plan, Exhibit "B". The following program is projected for the Garland -State Area: 1. Birch Street - new sidewalk and curb. 2. Broadway - new sidewalk and sidewalk overlay. 3. Chapin Park - new sidewalk. 6. Coombe Street - new sidewalks and curb and reshape gutter. 5. - Cumberland Street - sidewalk o erlay, partial side- walk reconstruction or removal, new curb and street- overlay 6. _ Elm Street - new sidewalks and curb. 1. Essex Street - street and sidewalk overlay, new curbs and reshape gutter. Page 8 8. Forest Avenue - new sidewalks and curb. 9. French Street - street overlay, sidewalk reconstruction and new curb. 10. Garland Street - sidewalk reconstruction and overlay and Partial removal I1. Maple Street - street overlay, new sidewalk and new curbs. 12. 'Parkview Avenue -wsidewalks, curb and new esplanade to replace partially removed sidewalk. 13. Penobscot Street - street overlay, new sidewalks and curb. 14. Pine Street - street overlay, new sidewalk and partial sidewalk removal, repair esplanades and new curb. 15. Somerset Street - partial reconstruction of side- walk, partial street overlayand new curbs. 16. Wingate Court - street reconstruction. VII. REVITALIZATION PLAN IMPLEMENTATION The first step to be taken in the implementation of the Garland -State Revitalization Plan is its adoption by the City Council as part of the Community Development Program. Once adopted the Flan will become au seful working document to guide future decisions and to Provideeffective control of development In the area consistent with community needs and goals. After necessary approvals the revitalization process begins in earnest through a coordinated action program to fulfill theCarlend-State program objectives. The principal Implementation activities include: 1. Design and construction of public improvements to the streets, utilities, parks and public facilities in the project area by City of Bangor personnel. 2. The carrying out of a code enforcement program both to identify rehabilitation and Spot clearance candidates and to bring substandard conditions into eventual compliance with City codes. Page 9 3. The execution of acquisition of the determined parcels, after the appraisal process, including relocation, and demolition or rehabilitation activities by City CommunityDevelopment Staff. 4. The promotion of and assistance to property eabilitation projects carried Out by private property owners through: a. Consultation and technical assistance by Community Development Staff. b. Low interest property rehabilitation financing to eligible participants through the City's Community Development Program. 5. The provision of fallow -up activities to include inspection and supervision of public improvement projects{ rehabilitation and clearance projects; and the code compliance program by the City of Bangor Staff. 6. The disposition of acquired property through procedures outlined in this Plan. 1. The introduction of any zone changes found to be beneficial to the projectarea and consistent with City Land Use Policy. VIII. PROGRAM ACTIVITIES The principle activities to be undertaken In the Garland - State Neighborhood Conservation Project are, will be code enforcement, property rehabilitation, acquisition and clearance of dilapidated properties, relocation of displaced persona and businesses, and improvements to publicly owned facilities. Where property rehablllttation is both necessary and appropriate, it will be undertaken in this project area. Rehabilitation is deemed necessary where a property fails to satisfy minimum property 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. Page 10 Code enforcement personnel will inspect all residential and mixed-use properties in the.projec[eiand provide a Slat w of code violations to each property owner. After reviewing code inspection reports, the Director of Planning and Community Development will make the final decision whether rehabilitation Is both necessary and appropriate for each property. Efforts will be madeto promote and assist in the private rehabilitation of properties. B. ACQUISITION AND_ REHABILITATION - The City of Bangor may acquire and rehabilitate property for which rehabilitation Is both necessary and appropriate, if: 1. The owner refuses to bring the property up to minimum code standards. Upon acquisition of the property. the City may, at its option, rehabilitate the structure(s) in order to conform with minimum code standards and then sell the property, or dispose of said parcel without making any Improvements thereon, but conditioning such disposition upon the new owner a compliance with the pertinent and appropriate provisions, regulations, controls, and restrictions of the redevelopment plan including the property rehabilitation provisions. 2. The City wishes to acquire a typical parcel to be used as a rehabilitation demonstration structure and 'project site office. 3. The owner refuses to rehabilitate, in accordance with the provisions of the revitalization plan, property designated historically or architecturally significant. The City will inspect residential properties in the project axes and provide a list of code violations to each n . property owner. After reviewing Code Enforcement reports, the Dire of Planning and Community Development will determine for each property whether rehabilitation In both necessary and appropriate, as those terms are defined above. The Director will then make a recommendation to the City. Council which will make the final decision regarding acquiatlon and rehabilitation based upon the Project's Goals and Objectives and Land Use Plan. C. ACQUISITION AND CLEARANCE Properties in the project area which do not meet minimum code standards and for which rehabilitation is not appropriate. may be acquired and cleared. After consulting with the Code Enforcement Office, the Director of Planning and Community Development will determine whether acquisition and clearance is Page 11 necessary to achieve the Project's Goals and objectives and to comply with the Land Use Plan. -Ne 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/o[ facilities, 8 open space and/or planned redevelopment of housing. 3. Remove uses incompatible with the Project's Land Use Plan. IN. LAND DISPOSITION A. INTRODUCTION 1. This section establishes policies and requirements applicable to the marketing', disposition and redevelopment 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 activiCea with land acquisition, relocation, demolition and the Installation of site Improvements, e that the disposition of land tan be consummated e and [ a r development can get underway a soon as after the land is physically ready for disposition. - I. Publicise the availability of Sites, affording Potential users 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. Page 12 3. Realizing that property abutting property acquired by the City as pert of the Garland -State NCP a a In any instances will not conform to the City Zoning Ordinance in terms of lot size, lot coverage, or yard dimensional requirements{ and that the City can (in any Instances) provide land to owners of abutting properties thus reducing or eliminating nonconformitieA in the Project area, It stall be an Objective of the City In carrying out the Revitalization Program to reduce or eliminate nonconformities where possible by the transfer of acquired land to abutting owners. 4. net initiOne - For the purposes of thin section, the To llowing terms shall have the following meanings: a. Department - This terms 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 applicable. 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 CityCouncil of the City of Bangor. d. Finance Comnmlttee - This term means the Finance Committee of the City Council of the City of Bangor. e. Fair Reuse Value - This term means s the fair market value of the property for lts highest and best uses permitted under the Garland -State NCP Revitalization Plan. I. Dfstosal for Public Use - This term means a din disposal to the Federal Government, the State of Maine, the City of Bangor, any subdivision thereof, any of their agencies o instrumentalities, or retention by the City. g. Disp2sal f_ No vpxofi[ Institutional Use - This term means a disposal to areonprofit scientific, educational, public health, public welfare, hospital or other charitable institution, which will operate the redevelopment for anon -profit institutional use, e.g., a hospital, church, library, school or playground. Acquisition of land by a nonprofit institution for investment Page 13 or sale is not considered a nonprofit institutional use. The nonprofit Institution must be exempt from Federal taxation under the Internal Revenue Code h. Revitalisation Pian - This berm means the Bangor Community Development Program - Revitalisation Plan for the Garland -State Neighborhood Conservation Project. B. LAND DISPOSITION MAP Map Preparation - The City shall cause e to be prepared nap indicating any and all parcels of land which may be offered for sale, lease or over which a utility a may be granted.When deemed necessary, am land survey and legal description may be prepared prior to obtaining any reuse appraisals. The map shall otherwise stow the dimensions of each disposal parcel and each area subject to different land use ontrols or redevelopment requirements a 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 Indicated, all project land shall be disposed of at a price not less than its Fair Reuse Value. The fel[ [ 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 Apprisals - Each parcel which shall be offered for [s sale shall be appraised when determined necessary buyat least one competent professional. appraise[. If the City believes more than one appraisal is desirable in establishing a fair reuse value, it shall obtain such additional appraisalsas it deems necessary. 3. Disposal Price of Easements - The City may grant or reserve, a without charge, easements on project land for public utility service as it deems expedient or necessary. 4. Value of Ripht 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 shall be sold at Its "value for removal at a purchaser's expense'. A minimum of one appraisal or Page 14 engineers estimate by a professional in private practice o qualified Individual on the staff of the Department or Other public body shall be obtained. However, for a package disposal Heisting of both a site in the project area and a structure for removal to such site, the appraisal procedure established under paragraph two(2) shall apply to the series package. 5. Certification of Fair Reuse Value - The Finance Committee shall study the appraiser's Fair Reuse Value determinationand 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 offical 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 reuse value for each property. c. Certifies that the work of the appraiser has been performed in a competent manner r in accordance with State law and City policies and requirements. In the event the Finance Committee does not accept the determination of Fait Reuse Value by its appraiser, it shall proceed with one Or more of the follovling steps: d. Review all available documentation with the appraiser to resolve all differences concerning the estimate. e. Seek one or more additional appraisals. f. make appropriate adjustments as it deems necessary. D. PREPARATION FOR DISPOSAL 1. DSeposltion 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 otherprofessionals as may be required. 2. Declaration of Restrictions - The City day at its c discretion r ord In the Penobscot Registry of Deeds copy of the Revitalization Plan thereby directly advising prospective purchasers as to the restrictions, benefits and objectives of the Plan. Page 15 The City shall also determine whether to record the entire Plan, specific portions or any amendments thereto. E. DISPOSAL OF LAND 1. Method of Disposal - The City may dispose of project lend by sale or lease in accordance with any method permitted by State and local lav to a developer o other parties selected either by negotiated sale of land or competitive proposal. However, prior to the execution of any agreements, the City Council shall byresolution, council order or similar action: a. Approve all agreements and conditions thereof. b. Approve the price and determine that such price Is not less than Fair Reuse Value. 2. Competitive Proposal - In the event the City shall deem that lend be disposed of for redevelopment by competitive proposal, the following procedure shall be followed: a. A notice shall be placed in One or e newspapers advertising availability of project land for redevelopment. The notice shall also advise where more Information may be obtained, invite submissions of proposals, and establish reasonable time limits for all submissions. All Proposal submissions shall comply with Preliminary Plan submission requirements set forth under Paragraph C, 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 submissions. The City shell otherwise evaluate all proposals on the basis of their compatibility with the Revitalization Plan. C. After the thirty (30) day proposal review and valuation 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 'ifthe City Council Community Development Committee, the Chairman of the Planning Board, the City Manager, the City Engineer, the Director of Planning and Page 16 Community Development, and the Planning Officer, shall review and evaluate all redevelopment ,Proposals submitted. The Design e Committee shall submit its r endations for the selection of [ tentative developer the City Council which shall adopt a resolution designatingthe tentative developer. 4. Option toPurchase - The City shall a practical, enter into a agreement with the nthe tentative developer providing him with a option to purchase. The City shall also indicate in the agreement the time limits for submission of final plans, penalties, if any, renewals and extensions. The Developer will purchase the option accordingto a according[schedule based on a percentage each month of the purchase price which will be relatibe to the size of the parcel. 5. 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 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 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. 1. Design Objectives - All disposal agreements shall contain provisions for City review and approval of a developer's plana. The City shall review and approve all development plans prior to construction to as sure compliance with Revitalization Plan objectives, F. MAINTENANCE OF RECORDS The City shall maintain records and reports, including copies of official Council, Community Development Committee, Finance Committee and Design Review Committee action,'[ ae 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 Page 17 ening 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 dlspoeltion program. G. APPROVAL OF PLAN Notwithstanding the requirements of the City Ordinances regarding approval of building plane prior to Construction, n construction will be allowed within the limits of the Garland - State NCP area without the prior submission and approval of preliminary plans, and final plans and specifications. Said plans shall be reviewed by a Design Committee appointed by the City Council on behalf of the Bangor City Council to insure consistency In design and compatibility with the Revitalization Plan. No plans shall be approved unless said plana 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 submissions shall be required: 1. Preliminary Plan - The intent of the Preliminary Plan shall be to outlined 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 tale of one (t) inch equals twenty (20) feet wherever practical. The Plan Should include: (t) Property lines and dimensions. (2) Adjacent features, such as abutting street$, building outlines and property linea. (3) Existing and proposed paved as including the type of pavementand principal dimensions. (L) The on -site parking layout, and traffic flow, if any. (5) Planting areas, including general. size and variety oftrees 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. (g) Existing and new building outlines, including overlaps such as canopies or basement extensions. Page 18 b. Floor Plan - The scale of the floor plan shall He left to the d4scretion of the architect. This plan shall show general room layouts and 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 o elevation of the building shall be provided, either in the form of an artist's rendering of the building or a cross-section ection of the building. Where sitegrades play an important Part in the layout of multi-level structures, the Design Committee shall reserve the right to request cut -away elevations shoving the relationship of floors Co surrounding grades. Materials to be used for exterior treatment shall be indicated. Fine l 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 insure 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 accordanced with the procedures outlined In the Revitalization Plan, the City shall at the earliest passible 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. Fees 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% of the purchase price each 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 redeveloper of the land has the necessary ary cash and financing to develop the land in accordance withthe approved plan. Page 19 r VN K "Az -T7Fl F u Y 0 CUMBERLAND/ i ENT ST. VE I s Ar t rce / /r 4 i Ix V 00 W W ccf W N W W m STR SOMI ENOBSCOT 3+ Q O W m R5 STREET F W W Ir F h 2 W !ET VN K "Az F u Y 0 N F STR SOMI ENOBSCOT 3+ Q O W m R5 STREET F W W Ir F h 2 W !ET K W F u Y 0 N F N Ix V 00 W 1 T . A� '= y 1 __-_-- AOT�-------- SCALE 1 100, 0 50 i00 200 FEET GARLAND -STATE NEIGHBORHOOD CONSERVATION PROJECT EXHIBIT C DRAFTED SPRING 1984 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Tr f C2 ZONING COMMERCIAL CIVIC & INSTITUTIONAL DRESIDENTIAL 5 F u Y 0 F Ix V 00 C2 ZONING COMMERCIAL CIVIC & INSTITUTIONAL DRESIDENTIAL 5 Rongor, the Aenter of Maine—the Gateway to Maim's North Woods and Seaahore Roarts RODNEY G. M.KAY CITY HALL NNMPr BANGOR, MAINE -41 1 JOHN M. LORD +.."ori wrmor "..�....e 0011". 9Ng Of Pas"i, Psi" . DEPARTMENT 0 PLANNING Rd COMMUNITY mVN_OPM5W DATE: July 17, 1984 TO: The Honorable City Council FROM: The Planning Board SUBJECT: City Council Referral "Community Development Program - Revitalization Plan for the Garland -State Neighborhood Conserva- tion Project" Council Order No. 84-266 Please be advised that the Planning Board at itsregularly scheduled meeting on July 16. 1984, discussed the above referral request. The Board unanimously voted to indicate that the proposed "Community Development Program. -.Revitalization Plan for the Garland -State Neighborhood Conservation Project" was in conformity with the City's Comprehensive Plan and. Zoning Ordinance.