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
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GARLAND -STATE
NEIGHBORHOOD CONSERVATION
PROJECT
EXHIBIT C
DRAFTED SPRING 1984
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
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ZONING
COMMERCIAL
CIVIC & INSTITUTIONAL
DRESIDENTIAL 5
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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.