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HomeMy WebLinkAbout2020-01-27 20-061 ORDINANCETitle, Ordinance 20-061 01/27/2020 CITY COUNCIL ACTION Council Meeting Date: January 27, 2020 Item No: 20-061 Responsible Dept: Planning/Legal Action Requested: Ordinance Map/Lot: 045-009-E 046-032 Amending Chapter 165, Land Development Code, District Map by Changing the Parcels of Land at Map 45 Lot 9E and Map 46 Lot 32 from Contract Government and Institutional Service District (G&ISD-contract) to Multi - Family and Service District (M&SD) Summary This ordinance amendment would change the zoning on two parcels of land, one on either side of Milford Street Extension (the entrance to Mary Snow School) from Contract Government and Institutional Service District to Multifamily and Service District. This previous contract zone change was made in 1991 to allow for a medical service development. Previous to that, it was a residential zone, Urban Residence I. This zoning change from residential to institutional type zoning also happened between 1974 and 1982. The last two comprehensive plans have the area as civic/institutional with residential adjacent to said parcels. The applicant is Penquis Community Action Partnership, Inc., and the owner is MediMaine Real Estate Limited Partnership. If the property is rezoned to a non -contract zone, the contract associated with the contract zone would be eliminated. Committee Action Committee: Planning Board Action Staff Comments & Approvals Referral to the Planning Board meeting of February 3, 2020. City Manager Introduced for: First Reading and Referral Meeting Date: For: Against: City Solicitor T "'t Finance Director CITY COUNCIL ORDINANCE Date: January 27, 2020 Assigned to Councilor: Nichols 20-061 01/27/2020 ORDINANCE, Amending Chapter 165, Land Development Code, District Map by Changing the Parcel of Land at Map 45 Lot 9E and Map 46 Lot 32 from Contract Government and Institutional Service District (G&ISD- contract) to Multi -Family and Service District (M&SD) WHEREAS, at present, these properties abut a school, a residential neighborhoods, and medical services, as well as being within walking distance to current bus service; WHEREAS, in the past, the lots have been zoned for residential development; WHEREAS, where the City Council has specific goals to encourage affordable housing and multi -family housing where appropriate; 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: The Zoning District Map is hereby changed by changing the parcels of Milford Street Extension Tax Map 45 Lot 9E and Map 45 Lot 32 from Contract Government and Institutional Service District (G&ISD-contract) to Multi - Family and Service District (M&SD). Said parcels contain approximately 5.3 acres in total and are more particularly indicated on the map attached hereto and made a part hereof. As a result of this action, the associated contract dated October 28, 1991, for these parcels may be eliminated. IN CITY COUNCIL JANUARY 27,2020 Cord 20-061 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF FEBRUARY 3,2020 CIfIl-CARk FEBRUARY 10,2020 COrd 20-061 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 9 -0 COUNCILORS VOTING YES: FOURNIER, HAWES,NICHOLS,OKAFOR, SCHAEFER, SPRAGUE, SUPICA, TREMBLE,DAVITT COUNCILORS VOTING NO: NONE PASSED ��-?'.')j"�Z'-Z—— CI Y CL 20-061 JANUARY 27, 2020 Dear City of Bangor Planning Board and City Council members, Re: Public Hearing, February 4, 2020, 7:00 PM Proposed Amendments to change zoning of Lots 045-0009-E and 046-032 My name is Patricia Landon. I am 81 years young, but physically unable to attend this meeting. However, I must voice my grave concerns through my son, Brett Landon, whom I have asked to represent me at this meeting by reading this letter to you. I am one of the so very few who received notice and live within 100 ft. of the proposed zone changes on Milford Street Extension. As a matter of fact, my home is the ONLY residence on that street. Other than my son who resides on the corner, I can truthfully attest to the problems that changing to a Multi -family & Service district would create, because I am home all day and see them all. The effects of such changes to both lots in question, would be devastating to me in more ways than one. It is already taking a physical toll on me with no sleep, worrying all the time about the severity of traffic problems, the safety of my three teenage granddaughters (who attended Mary Snow), taking walks or riding their bikes up the street, about the children walking to and from school, the noise level of construction and traffic that will be created by it, how I'm going to get out of my driveway, and, last but not least, a decrease in our property values. From a beautiful quiet street where you can walk your dog, ride your bike, say hello to the Broadway neighbors out walking, wave to the parents who pick up their children at Mary Snow School, to nothing but turmoil. Every school morning and afternoon, parents and school buses line up on both sides of my street, dropping off and picking up their children. The line extends from Essex Street to Mary Snow School and vice versa, and, yes, they're parked 20-061 JANUARY 27, 2020 in front of the lots in question. A few evenings during the school year, parents attend school registration and meetings, and park on both sides of the whole street. This kind of traffic is of no bother to me whatsoever, because it's only temporary, but to add multi -family structures, traffic would be horrendous, and where, then, would the parents park? There are no outlets to Lot 045..., except to Milford Street Extension. Middle and high schoolers driven to school and their school buses, would create traffic jams and accidents pulling out of that lot and at the Essex Street corner. Children walking to and from Mary Snow will be put at risk at that outlet, and primarily at the cross walk on Essex Street. Let's think about a worse situation - Lot 0466... If this lot is to have an opening at Broadway AND Milford Street Extension, IMAGINE WHAT HAPPENS THEN!!! Same thing as Lot 045, only double the problems: Traffic from Broadway would be using that opening to get to Essex Street. It will happen, because they try it now from Essex Street. All this traffic would have a tremendous impact on all of us, which includes the Momentum facility with its parking lot on my street. Now come the winter months! Again, another danger with traffic. The snow plows have to push the snow to both sides of the street, making this narrow street even narrower. Not hard to figure that vehicles do slip and slide. So, with all that I have presented here, I cannot fathom why our city, so proud of its school children, will even think of allowing multi -family housing to abut Mary Snow School, which, incidentaly, could become over -crowded, and more teachers would have to added. I would like to thank each and every one of you for making the right decision by not approving the zoning changes for all of the serious reasons stated. & COMMUNITY ECONOMIC I CITY OF BANGOR PLANNING DIVISION Memorandum To: Honorable Bangor City Council From: Anne M Krieg AICP, Planning Officer Date: February 5, 2020 CC: Tanya Emery, Director of Community and Economic Development Paul Nicklas, City Solicitor Jeff Wallace, Code Enforcement Officer Re: Planning Board Recommendation February 4, 2020 To amend the Land Development Code by changing parcels of land, Map -Lot 045-009-E, and Map -Lot 046-032, from Contract Government & Institutional Service (G&IS) District to Multifamily & Service (M&SD) District. The current zoning district is a contract zone; as part of this change, the contract and conditions would be removed. Said parcel of land contains 5.3 acres, and is more particularly indicated on the map attached hereto and made part hereof. Penquis CAP, Inc. is the applicant; the owner of the property is MediMaine Real Estate Limited Partnership Please accept this memorandum as the recommendation from the Planning Board for the noted item. The Planning Board considered this item in a noticed public hearing on February 4, 2020. Jason Bird of Penquis CAP, Inc. reviewed the request. Their company seeks to build housing projects near existing goods and services and their projects add to the community. He indicated the uses that the current zoning allows has more traffic and noise associated with those uses than a multifamily project. He offered to work directly with the school and neighbors as they formulate a plan if the zoning passes. He told the Board that their development practices are not stereotypical public housing projects as they have unique funding structures to do better developments. He reviewed Penquis' policies on rent, use the property, and other rules for their tenants. Their plan is to build workforce housing. Board members discussed the need for traffic studies. At the time of the submittal of a land development plan, the need for a traffic study would be discussed then. It was made clear that the request is a straight zoning district request, so no conditions or plans are associated with the Board's deliberations. Board members also reviewed the following table from the staff report to compare and contrast the uses: 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW. BANG ORMAINE.GOV City of Bangor Planning Division Planning Board Recommendation for Zoning District Change on Milford Street Extension Allowed Uses Conditional Uses (or 130,000 SF*) 30' 10' 20' 10' 30' 10' .75* .85 2 1 Buffer Yard B* (20' width of Buffer Yard A Public Agencies & non- profits Place of worship Daycare Cemetery Hospital Nursing Home Sports arena Chemical dependency treatment facility Radio/tv broadcast towers Medical office/clinic Public utility Transitional housing Level IV residential care facility One, two and multi -family Personal services Daycare Home occupation Community living Boarding, B&B, nursing home, place of worship, community service Congregate housing Office (less than 3,000 SF and only on maior arterial Operational issues for maintenance was brought up and discussed from Member Brazinet. It was noted that Penquis has an inspections and operations plan with staff dedicated to respond to issues. Penquis plows/mows their properties. The applicant reviewed the process for removal of a tenant if habitually offending the rules occurs. The attorney for the property owner, Medi -Maine, from Rudman Winchell, spoke briefly in favor of the project, noting that the market shifted away from more medical offices at the location. Opponents to the proposal spoke. Page 214 City of Bangor Planning Division Planning Board Recommendation for Zoning District Change on Milford Street Extension Mrs. Landon from Essex Street discussed traffic issues at the corner of Milton Avenue Extension, noting difficulties for school buses and fire trucks. She was also curious about the developability of the parcel, as to whether it had been a dump from the 1911 fire. Another resident from Essex Street, Kathleen Percival, also spoke about traffic issues that exist today. She noted that at the start of school is when traffic is the most difficult. She is concerned with how big the project is going to be and that there are no plans submitted for the development. She further noted that Essex Street is used as cut -through road. She also said she is concerned with the loss of privacy in her backyard, safety issues with residents living at a new multifamily development, and safety for the students at Mary Snow School. Brian Bannen, Principal of Mary Snow School, also spoke. He reiterated previous comments on traffic and congestion in the area. He added that people often park along the road when there are school events and at drop-off/pick up times. He is concerned for students' safety of walking to the school and the buses that will go in and out of the development. He agreed that there have been bus accidents at the intersection. Planning Officer Anne Krieg read a letter from Patricia Landon, who resides on Milford Street Extension. This letter is attached. Dana Herz of 403 Broadway, also agreed with previous comments on traffic. It was questioned whether Milford Avenue Extension was a public road and the City Engineer confirmed to staff that is a public street. Brett Landon of 442 Essex Street repeated concerns on traffic. He added that Milford Extension is narrow now for the school traffic. He added comments about privacy and the natural quality of the parcel. He questioned if the city would need to do a taking of his property to widen the roadway. He opined that single family dwellings there are preferable to multifamily because of the density and number of units as an issue. He expressed concern that there will be a loss to property values, his estimation was 25% loss. Bruce Theriault of 391 Broadway added comments on traffic congestion that exists and property values. He also stated he would prefer a business to be developed there as the building would be vacated in the evening. He had overall concerns with the loss of community in the neighborhood that a multi -family development would create. Mr. Bird returned to respond to the comments: ■ Their project is a taxable investment, usually the investment is 170,000-180,000 per unit so it adds value to the area. Page 314 City of Bangor Planning Division Planning Board Recommendation for Zoning District Change on Milford Street Extension He would not seek a pass through from Broadway to the project as it would take up too much land. ■ The current zoning analysis has more intensive uses; traffic engineering practice indicates that multi -family projects have less traffic than single family dwellings ■ Their parking needs will be met on the site and will create a safe development for children. The Chair closed the public hearing and asked for staff comments. Planning Officer Krieg provided staff comments from the staff report. City Engineer John Theriault reviewed traffic analysis, agreeing that multi -family has less trips per day than other uses. He added that if a traffic study was warranted, then the Board/staff can request one at the development permit phase. Member Shaw confirmed with staff that abutters would be notified of any land development permit. Member Shaw, with a second from Member Meagher, moved to recommend to the Bangor City Council that the noted zoning change ought to pass. Member Perkins thanked the residents for coming, noting he was impressed they came and spoke. He is confident that Mr. Bird and the city can work through issues with neighborhood residents. All were in favor of the motion. (Huhn, Bazinet, Brush, Hogan, Meagher, Perkins, Shaw — Durgin absent) Page 414