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HomeMy WebLinkAbout2019-09-23 19-376 ORDINANCETitle, Ordinance CITY COUNCIL ACTION Council Meeting Date: September 23, 2019 Item No: 19-376 Responsible Dept.: Planning Action Requested: Ordinance 19-376 9/23/2019 Map 22 Lot: 30 and 31 Amending Chapter 165, Land Development Code, by Making a Contract Zone Change - 39 and 47 West Broadway — From Urban Residence 1 District to Contract Government and Institutional Service District (G&ISD) Summary The applicants, Stephen and Tabitha King are requesting a contract zone change for the 3.27 acres of land at 39 and 47 West Broadway from URD 1 to G&ISD. If approved, the contract zone change would allow the King Family Foundation, a nonprofit entity, to preserve the King family home and create an archive and writers' retreat located at the former home of the Kings on West Broadway. Further, a contract zone change would include limitations and restrictions on the uses allowed and numbers of people permitted to be on site. Committee Action Committee: Planning Board Action Staff Comments & Approvals Meeting Date: October 1, 2019 For: City Manager City Solicitor Introduced for: First Reading and Referral Against: Finance Director CITY COUNCIL ORDINANCE Date: September 23, 2019 Assigned to Councilor: Graham 19-376 9/23/2019 ORDINANCE, Amending Chapter 165, Land Development Code, by Making a Contract Zone Change - 39 and 47 West Broadway — from Urban Residence 1 District (URD -1) to Contract Government and Institutional Service District (G&ISD) WHEREAS, 49 West Broadway is presently zoned Urban Residence 1 District, allowing single family dwellings; WHEREAS, the applicants desire to preserve their residence as a space for writers and to maintain an archive for Stephen King's writings; WHEREAS, the proposed contract conditions limit the activity at the site to limited numbers of people; WHEREAS, the proposed contract conditions limits the uses allowed; and WHEREAS, the proposed contract conditions limits the intensity of the uses allowed; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor is amended as follows: 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 two parcels of land located at 39 and 47 West Broadway (Tax Map No.22 parcels 30 and 31) from Urban Residence 1 District to Contract Government and Institutional Service District (G&ISD), said parcels containing 3.27 acres, and shown on the map attached hereto and made a part hereof. PROVIDED, HOWEVER, THAT, in addition to the mandatory conditions imposed by Chapter 165-7 of the Ordinances of the City of Bangor, said change of zone is granted subject to the following limitations and/or restrictions: 1. The only use allowed will be a facility operated by a private non-profit institution and uses accessory to that use. 2. The property may be used as residential, so long as the residential use is accessory to the G & ISD use. 3. Applicant will not exceed office space for five staff members. 19-376 9/23/2019 4. Applicant will not exceed five writers in residence. 5. On-site archives will be by appointment only. � ' Hayford Pan ymmes:so � •16M, Memo To: The Honorable City Council From: David G. Gould, Planning Officer Date: October 4, 2019 Re: Map Amendment — 39 and 47 West Broadway —Urban Residence 1 (URD -1) to Contract Government and Institutional Service District (G&ISD)— Tax Map 22, Lots 30 and 31 Please be advised that the Planning Board at its meeting on October 1, 2019, held a Public Hearing on the above zoning district change request. Edmund Bearor, of Rudman Winchell, reviewed the application. He presented the contractual conditions as part of the application. He explained that the King's current residence is proposed to be for Foundation staff and archives and the house adjacent is planned as a writer's residence retreat home. He presented support form letters from neighborhood residents as part of the record (attached) City Planner Krieg read into the record an email received that day from Suzanne Craig requesting the Planning Board not recommend the zoning change. (attached) Krieg also reviewed the staff report. The current use of the properties are single family residential. The proposed use does not appear to cause any appreciable change in traffic for the area. The properties are in the Whitney Park Historic District. The houses were originally owned by notable Bangor capitalists. Any changes to facades needs to be reviewed by the Historic Preservation Commission. The Comprehensive Plan discusses the flexibility in zoning that may need to occur in order to save these significant properties and neighborhoods. Member Kenney moved to recommend the zone change, seconded by Member Durgin. All members voted unanimously to recommend zone change to City Council for the Council Order 19-376. 19-376 SEPTEMBER 23, 2019 19-376 SEPTEMBER 23, 2019 IN CITY COUNCIL SEPTEMBER 23,2019 Cord 19-376 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF OCTOBER 1, 2019 '-) �/j /�' CITY CLERK OCTOBER 16,2019 Cord 19-376 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUNCILORS VOTING YES: DAVITT, GRAHAM, SCHAEFER, SPRAGUE, SUPICA, TREMBLE,WESTON,NICHOLS COUNCILORS VOTING NO: NONE PASSED CITY ERK