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HomeMy WebLinkAbout2019-05-13 19-179 ORDINANCETitle, Ordinance CITY COUNCIL ACTION Council Meeting Date: May 13, 2019 Item No: 19-179 Responsible Dept: Planning Action Requested: Ordinance 19-179 05/13/2019 Map/Lot: R13-018 (part) Amending Chapter 165, Land Development Code — Contract Zone Change —Davis Road and Ohio Street from Rural Residence and Agricultural District (RR&A) to Contract Multifamily and Service District (M&SD). Summary This Ordinance will amend Chapter 165 of the Land Development Code to rezone approximately 3.5 acres of land from Rural Residence and Agricultural District to Contract Multifamily and Service District. Bangor Housing seeks to re -zone the property for the purposes of constructing 32 units of senior housing. If approved the following contract conditions would apply: 1) The property use shall be limited to multi -family affordable housing for low-income senior households headed by a person 55 years of age or older; and 2) Maximum building lot coverage shall be limited to 20%; and 3) The Maximum number of residential units to be placed on the subject property shall be limited to 32; and 4) The Maximum impervious surface ratio shall be 35%. Although the Comprehensive Plan identifies this property as rural residential and agriculture, the presence of utilities makes it suitable for development. In addition, the use of this property for senior housing is consistent with other types of housing in that are near to the property. Committee Action Committee: Planning Board Action Staff Comments & Approvals City Manager Director Meeting Date: May 21, 2019 For: Against: Introduced for: First Reading and Referral CITY COUNCIL ORDINANCE Date: May 13, 2019 Assigned to Councilor: Nealley 19-179 05/13/2019 ORDINANCE, Amending Chapter 165, Land Development Code — Contract Zone Change —Davis Road and Ohio Street from Rural Residence and Agricultural District (RR&A) to Contract Multifamily and Service District (M&SD) WHEREAS, the Comprehensive Plan of the City of Bangor has identified this property as suited for rural residential and agricultural uses WHEREAS, the properties in question can access public utilities. WHEREAS, the applicant, Bangor Housing Development Corporation, seeks the rezoning in order to provide 32 units of affordable housing for senior citizens, and WHEREAS, the applicant has proposed a number of contract conditions to limit the total number of units to 32 on 3.5 acres of land. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT That the zoning boundary lines as established by the Zoning Map of the City of Bangor dated October 28, 1991, as amended, be hereby further amended as follows: By changing a portion of a parcel of land located on the corner of Davis Road and Ohio Street (Tax Map R13- 018), from Rural Residence and Agricultural District (RR&A) with contract conditions. Said parcel of land containing approximately 3.5 acres and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, in addition to the mandatory conditions imposed by Chapter 165-7 of the Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: This rezoning will also apply contract conditions to: (1) Minimum physical development/dimensional requirements: (a) Subject property use shall be limited to multi -family affordable housing for low-income senior households headed by a person 55 years of age or older (b) Maximum building lot coverage of the subject shall be limited to 20% (c) Maximum number of residential units to be placed on the subject property shall be limited to 32 (d) Maximum impervious surface ratio shall be 35%. 19-179 05/13/2019 Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all the terms and conditions set forth above and the recording of said executed agreement in the Penobscot County Registry of Deeds by the property owner. In the event that said agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. MOVAM au 0 Memo To: The Honorable City Council From: David G. Gould, Planning Officer Date: May 22, 2019 Re: Amending Zoning Ordinance from Rural Residence and Agricultural District to contract Multifamily and Service District. Council Ordinance 19-179 Please be advised that the Planning Board at its regularly scheduled meeting on May 21, 2019, held a public hearing on the above contract zone request from the Applicant, Bangor Housing Development Corporation. Member Kenney disclosed that he had a possible conflict of interest, as he is employed by WBRC who represented the Applicant. Member Durgin moved that Member Kenney be excused as he had a conflict of interest. Member Brush seconded the motion and the Board voted to excuse Mr. Kenney. Member Kenney exited the Council Chambers. Chair Huhn asked Associate Member Bazinet to join the Board as a voting member. Paul Brody, WBRC representative of the applicant indicated they were seeking to amend the Land Development Code by changing a parcel of land (Map R13 Lot 18) from Rural Residence & Agriculture (RR&A) District to Contract Multifamily & Service (M&S) District. Said parcel of land contains 5.1 acres. The potential development for this site includes 32 units of senior housing with a 40 space parking lot. Mr. Brody indicated he would be meeting with neighbors as part of the design development process to address any concerns early in the design phase. He noted that water and sewer service is available on the site. There were no other proponents Martha Voorhees of 1595 Ohio Street indicated her home was adjacent to the property being changed. She was in hopes that the details of the building would be discussed as it would be viewed from her backyard. She noted she was not opposed to the project but wanted to be sure it would fit into the neighborhood. z Member Durgin moved to make a positive recommendation to the City Council on the Bangor Housing Development Corporation's contract rezoning as contained in C. 0. # 19-179. Member Brush seconded the motion and the Board voted unanimously to recommend the proposed contract zone change. i C C) Z ( H H w 0 H2 H cwn G 0 rt rrr rO I-4 z '�, a `C C] n •• O N H H,• H. p rr 10 H n� i--, W H 0 H o 03 1/40 .. 1-c i0•• '-4 CI tll M n I w SNC] -. IS P. --4 0 0 cn w0., u O O om 1/40 r—, 1/40, � CC � Z O rt CD H H hittrH.t H. (s. w a 1 uo ao C o CD 0 m •• cn 0 M ▪ a CD 2 t7 a i n Pa CC i-ti H E r• 0 rt I rt 0 CD Id 2 H co U P P3 D3 H C m Crg cn 0 n w w a' M ✓n m 11 11 CD rt H. m0 ,b o0 n O w CrQ H, G CD • Cl) N 'd I- 1-6 r• nPo N 0 r- `y" 1/40 cD U) rt 0 0 2 H• n 0' 0 m