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.
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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
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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