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HomeMy WebLinkAbout1982-08-09 82-216 ORDER82-216 f,V Introduced by Councilor Willey, August 9, 1982 CITY OF BANGOR (TITLE.) (JOrbir, _AWro9ing and nacsting Comity. Development Program Revitalization Plan for the West Side Neighborhood Conservation Project. " ............. ----------- — .._.. ._..... ........... -_-. By City Cou%sa of I" City ofBassor. ORDERED, TEAT 6EI.gE0R, under the provisions of Title I of the Housina and C®unity Development Act of 197k, the Secretary cf Rousing and Urban Develop - moot is authorized to provide financial assistance to local governments for undertaking and carrying out C®unity Development Programs; and WBBREPB, there has been prepared and referred to the City Council of the City a Bangor for approval and adoptim a "Revitalization Plan for the West Side Neighborhood Conservation Project", a copy of which is on file in the Office of the City Clerk; and WBEBEAS, a Comprehensive Plan hes been prepared and Is recognized and used as a guide for the general development of the City of Bangor as a' whole; and WHEREAS, the Plam ing Boats of the City of Banger has reviewed the Plan and has submitted to the City Council in Writing its report end rec�nendatlons respecting the Plan indicating that the Plan conforms With the City of Bsavor Compreteneive Plan and applicdhle zoning ordinances; and WBERP.tw, the City of Bangor has made studies of the loeation, physical condition of straethres; land use; environ0entel indiamaes, and social, - cultural, use economic conditions of the West Side Neighborhood Conservation Project Area and has determined that the area is a bl.ighteS. area as defined in 30 M.R.S.A. $ 4852 (1) end that the conditions herein fall within the "findings and declaration of necessity" as set forthDo30 M.R.S.A. 4 4851; and 1VRSREdS, it is desirable and in the public interest that the City of Bangor, as part of its Community D nreloiment Program having as its primacy objective the development of a viable commonalty by, prwidiug decent housing, a suitable living eav'irooment add the expansion of econaaic opportunity, principally for persons of low and moderate incase, undertake and carry out the Cavite Ii cation Plan for, Use West Side Neighborhood Consertation Project eucaopaesing the area as described in the Plan; NOH, THEREFORE, M IT ORDERED BY TIN.` CITY COUNCIL OF THE CITY OF H4MxORi THAT it's hereby found and determined that the West Side Neighbor- hood 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 West Side Neighborhood Con- servstim Project dated August 1932, a copy of which is as file in the Office of the City Clerk, is hereby approved and adopted by the City Council of the City of Bangor in accordancewith 30 M.R.S.A. ff 4853. fG l aaN CeN CCUNCIL, .. August 9 1992 Re±Orred to Planning grad - Cl�iaer etin WePu?bwry clerk - IN CITY CCUNCTL August 23, 1982 Consider next meeting. September COBNCLL 13, 1982 Passed 82-216 ry' O R D E R Title, Approving and Adopting CoWwnity j rCtfjM I .............. Development Program - Revitalization .....................................: elan for the west. Side Ne}ghWrhoo3, Conservation Project. In odnceka d filed by Come, n �. I Fa - COMMUNITY DEVELOPMENT PROGRAM REVITALIZATION PLAN FOR THE WEST SIDE NEIGHBORHOOD CONSERVATION PROJECT Submitted to: CITY COUNCIL OF THE CITY OF BANGOR August, 1982 COMMUNITY DEVELOPMENT PROGRAM REVITALIZATION PLAN WEST SIDE NET TABLE OF CONTENTS Page No. I. PROSECT BOUNDARIES . . . . . . . . . . . . . . . . 1 II. EXISTING CONDITIONS . . . . . . . . . . . . . . . . . . 1 III. REVITALIZATION PLAN GOALS AND OBJECTIVES . . . . . . . . 3 IV. LAND USE POLICY . . . . . . . .. . . . . . . 4 A. General . . . . . . . . . . . . . . . . . . . . . . 4 B. Residential Land Uses . . . . . . . . . . . . . . . 4 C. Commercial Land Uses . . . . . . . . . . 5 D. Civic and Institutional Uses . . . . . . . . . 6 E. Park and Open Space and Resource Protection Uses . . 6 F. Accessory Uses . . . . . . . . . . . . . . . . . . . 6 V. CIRCULATION . . . . . . . . . . . . . . . . . . . 6 VL PUBLIC IMPROVEMENTS . . . . . ... . . . . . . . . 7 VII. REVITALIZATION PLAN IMPLEMENTATION . . . . . . . . 9 VIII. PROGRAM ACTIVITIES . . . . . . . . . . . . . ..10 A. Rehabilitation . . . . . . . . . . . . . . . . 10 B. Acquisition and Rehabilitation . . . . . . . . . . . 10 C. Acquisition and Clearance . . . . . . . . . . . . . 11 Table of Contents (Continued) Page No. IX. LAND DISPOSITION . . . . . . . . . . . . . . . . . . . . 11 A. Introduction . . . . . . . . . . . . . . . . . . . . 11 B. Land Disposition Map . . . . . . . . . . . . . . . 13 C. Determination of Disposal Price . . . . . . . . . . 13 D. Preparation for Disposal . . . . . . . . . . . . . . 14 E. Disposal of Land . . . . . . . . . . . . . . . ... 14 F. Maintenance of Records . . . . ... . . . . . . . . . 16 G. Approval of Plan . . . . . . . . . . . . . . . . . . 16 H. Fee Option Schedule . . . . . . . . . . . . . . . . 17 MAP EXHIBITS EXHIBIT "A" PROSECT BOUNDARIES EXHIBIT "B" LAND USE PLAN EXHIBIT "C" PUBLIC IMPROVEMENTS EXHIBIT "D" EXISTING ZONING I. PROJECT BOUNDARIES WEST SIDE NEIGHBORHOOD CONSERVATION PROJECT (NCP) The West Side NCP area is situated in the City of Bangor, County of Penobscot, State of Maine. 'the attached West Side NCP project area map entitled "Exhibit A" delineates the project boundary., II. EXISTING CONDITIONS The following conditions currently exist in the West Side NCP area indicating a present need for implementation of the West Side NCP Revitalization Plan. Structural deficiencies There are 459 individual land uses in the West Side NCP area and they are classified as follows: 369 (808) residential, 17 commercial, 15 mixed commercial -residential, 7 institutional, 1 governmental, 3 park and 47 vacant. There is a high incidence of code violations in the area. A survey indicates that 192 residential structures containing approximately. 506 dwelling unite or 508 of the residences in the West Side Neighborhood Conservation Project area are in violation of the City's Property Maintenance Code. There are 62 residential properties containing approximately 170 dwelling unita that will require extensive rehabilitation assistance. Four resi- dential structures containing, 13 dwelling unite are considered to be physically and economically beyond the point of being rehabilitated and require clearance. Overcrowding of residential structures Twenty-three dwelling units (2.35) are presently in an over- crowded condition compared with 1.98 of the City's total dwelling units being overcrowded. Incompatible uses The incidence of incompatible uses is relatively low in this area. Two major thoroughfares cut through the area and there are several general business locations alongthese major streets but Page 1 these locations are zoned for business use. There are also a few isolated conversions to mixed-use or wholely commercial use of large, older residential buildings in the project area which do not all conform to the present zoning. In most cases it will not be feasible or necessary to eliminate these uses. Obsolete building types A number of obsolete residential structures are located in the project area. Four of these structures are not economically or structurally feasible for rehabilitation to current occupancy standards and needs. A prolonged lack of maintenance on these structures has created an economically depressing effect on the area. Detrimental structural conditions An estimated 98% of the West Side Neighborhood residential structures are in excess of thirty years of age and are i need of winterization improvements such as insulation and storm winows to reduce heating costs which are an increasing burden for low and moderate income families. Deficient street system The project area street system in general suffers from a deteriora- ting condition. Code enforcement - 'Because property values in the West side NCP area are depressed, and because the costs of the extensive repair and rehabilitation needed to meet minimum code requirements are high, property owners have not been willing to make the necessary financial commitment to comply with minimum code standards. Only the most drastic code enforcement methods induce property owners to make repairs, and these repairs are often temporary measures which soon give way to the original substandard con- ditions. Other deficiencies Inadequate off-street parking spaces exist in portions of the project area and residents are forced to park their vehicles on the streets. This situation, combined with narrow streets, contributes to the congestion of street traffic in the area. Designation of West Side NCP as a Blighted Area The West Side NCP area contains a number of buildings that by reason of dilapidation, deterioration, age, obsolescence and excessive lot coverage make inadequate provision for ventilation, light, air, sanitation and open spaces and endanger the loss of life and property by fire and other causes. The conditions of overcrowding and substandard housing are conducive to 111 health, transmission of disease, and crime and are detrimental to the public health, safety and welfare of the com- Page 2 munity as a whole. Street systems are inadequate and dangerous. Irme- diate revitalization action is necessary to eliminate the existing blight and to restore the West Side NCP area as a vital part of the City. III. REVITALIZATION PLAN GOALS AND OBJECTIVES Primary Goal The primary goal of this Revitalization Plan is to develop a fable and attractive neighborhood by providing decent housing and suitable living environment, by providing adequate public facilities and by expanding economic opportunities, principally for persons of low- 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 the community and principally to persons of, low- and moderate -income. B. The elimination of conditions which are detrimental to health, safety and public welfare through code enforcement, demolition, re- habilitation assistance and related activities. C. The conservation and expansion of housing stock in order to provide a decent home and a suitable living environment forall persona, but principally those of low- and moderate -income. D. The expansion and improvement of the quantity and quality of com- munity facilities and services, principally for persons of low- and moderate -income, which are essential for sound community development and for the development of viable urban communities. E. A more rational utilization of land and other natural resources and the better arrangement of residential, comercial, industrial, recreational and other land uses. F. The reduction of the isolation of incomegroupswithin the community and the promotion of an increase in the diversity andvitality of neighborhoods through the spatial deconcentration of housing oppor- tunities for persons of lower income and the revitalization of deter- iorating or deteriorated neighborhoods in order to attract persons of higher income. G. The restoration and preservation of properties of specialvalue for historic, architectural or aesthetic reasons. R. The conservation of the Nation's scarce energy resources, improve- ment of energy efficiency, and the provision of alternative and renewable energy sources of supply. Page 3 A. GENERAL The Land Use Plan for the West Side NCP area is intended to be broad in scope in order to provide the flexibility necessary ssary to direct the revitalization of the area in the years ahead. Asthe guide for the area's development, the Land Use Plan designates specific areas which are best suited for residential, commercial, civic and institu- tional, and park and open space uses. This Land Use Policy for the West Side NCP area (See Exhibit "B") has been developed in accord with the City-wide Land Use Plan. 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. Clearland use policy in the West Side NCP area along with public and private invest- ment are necessary if the area is to be revitalized. In order to fulfill this objective the following courses of action are recommended: 1. Provide reasonable and well defined areas of compatible land use in the area (Amend Zoning Ordinance, if necessary). 2. Institute concentrated code enforcement. 3. Provide property rehabilitation assistance. 4. Institute spot acquisition and clearance or rehabilitation of a limited number of dilapidated properties. 5. Design and carry out public works improvements in the area as deemed necessary. B. RESIDENTIAL LAND USES Residential uses in the project area are to be broken down into two major categories with density as the primary criterion of differen- tiation. Much of the residential area consists of dwellings with from 1 to 4 units per structure and this category of housing has been identi- fied as "medium density residential." Within this area there are a few nonconforming residences with more than 4 units and a few mixed resi- dential/commercial uses. Multi -family residential uses including those in excess of 4 units per dwelling characterize the area in the "high density resi- dential" category. The present characteristics of these two residential use areas are quite different and their treatment in the West Side Revitalization Program will, therefore, be different. A concentrated Code Enforcement program will be used throughout all residential areas. However, the Page 4 emphasis will be on rehabilitation in the "medium density" residential areas, while acquisition and clearance will be almost entirely con- fined to the "high density" residential blocks. The highly congested nature of these areas along with the greatest incidence of dilapidated structures provides the necessity of such an approach in some incidents. The following land use guidelines are provided for the two types of residential areas in the West Side Project area: 1. Medium Density Residential Permitted uses in these areas are one family, two Family, three family or four Family 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 other appropriate zoning regulations of the City of Bangor will be Followed. 2. Nigh 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 units per acre nor shall any building exceed 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 are permitted as well as office uses on major streets in the area. C. CONNERC1 LAND USES 1. Neighborhood Commercial There are se veral neighborhood commercial uses primarily on Ohio Streetin the West Side NCP area. Permitted uses con- templated in these areas are convenience retail and local service uses, whose size and character are intended to primarily serve the local neighborhood. Examples of these uses are Food stores, variety stores, drug stores, laundromats, beauty and barber shops. Additional examples of these uses are listed under Article 11 of the Zoning Ordinance of the City of Bangor. No business establishment shall occupay an area in excess of 2,000 sq. ft. of gross floor area in such uses. 2. General Commercial There are a number of commercial establishments on Hammond Street that presently provide services to the larger community beyond the immediate neighborhood. Examples of such uses include restaurants, professional offices, and secondhand stores. Such uses arefurther defined in Article 12 of the City Zoning Ordinance. Page 5 D. CIVIC AND INSTITUTIONAL USES There are a number of civic and institutional uses in the Project area. These includeseveral churches and private clubs, the - YWCA complex and a City lot with a storage building on it. 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 AND RESOURCE PROTECTION USES Park and Open Spaceuses in the West Side Project area include Coe Park, an active recreation area owned by the City of Bangor and an extensive area along the Kenduakeag Stream which is part of the recently development Kenduskeag Stream Park. (Additionally there are a few areas along the Stream bank classified as Resource Protection because of their being subject to severe physiographic conditions.) Permitted activitied in Park and Open Space Zones and Resource Pro- tection Zones are found in Article 19 and Article 20A of the Bangor Zoning Ordinance. F. ACCESSORY USES It is to be recognized that certain accessory uses which are inci- dental and subordinate to the primary use of property in the area are not only necessary but an integral part of the principal use. These uses within residential areas would include, for example: accessory use garages for storage of motor vehicles, utility storage buildings and necessary areas for circulation and landscaping. In commercial areas there would be additional types of accessory uses including lighting, signs, pedestrian circulation and off-street parking and loading areas. In such commercial locations paved areas and accessory use 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 as in the Sign Ordinance of the City. of Bangor. In civic and institutional areas similar accessory uses would be required including o££ -street parking, active and passive open apace, _ lighting, and such structures as are normally associated with the principal use. Permitted accessory uses in park and open space areae include lighting, walking and seating facilities, recreational play equipment, landscaping, fountains, sculptures and such uses as are customarily incidental and subordinate to the. principal permitted uses. All such uses will meet the requirements of the Zoning 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 handlevarious types of traffic. Page 6 In order to accomplish this objective, streets must be classified, designed and built in a 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 identificationof street function within this sytem will determine the amount of right-of-way and pavement width to insure good traffic circulation. A good circulationsystem, therefore, requires a complete 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 do 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 following types of streets are designated for traffic circulation purposes: 1. Arterial Streets. A major street or 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 muni- cipalities. Hammond Street, Union Street and Ohio Street are designated as arterial streets. 2. Collector Streets A collector street provides for traffic movement between major arterial streets. Collector streets may also provide access to abutting properties, but their primary purpose is to collect traffic from local streets and distribute it to the major carriers. Valley Avenue is designated as a collector street. 3. Local Streets 'A local street is intended primarily for providing direct access to residences or other abutting property. To serve this function in an efficient and safe manner, local streets should not be designed to carry high speed or high volume traffic, and it is preferable that they be short in length. The remaining. streets are designated as local streets in the West Side Project area. VI. PUBLIC IMPROVEMENTS In order to provide the West Side area with the proper public services, it is necessary to institute a program for improvements of a number of the existing facilities. The primary emphasis in this public improvements program will be for those facilities within the public rights-of-way including street overlay and reconstruction, new catch basins, curbs, sidewalks and esplanades, and sidewalk removal and overlay as shown on the Public Improvements Plan, Exhibit "C". The following program is projected for the West Side Area: Page 7 1. Allen Court - street reconstruction. 2. Autumn Street - street reconstruction, new curb, sidewalk and esplanade. 3. Bower Street - new sidewalk. 4. Boynton Street - street reconstruction and new sidewalk. 5. Charles Street - street reconstruction, new curb, sidewalks, esplanades and catch basins, and removal of 4 trees. 6. Chatham Street - street reconstruction, new curb, sidewalk and esplanades, and removal of 3 trees. 7. Chester Place - street overlay. 8. Clinton Court - street reconstruction. 9. Court Street - street overlay. - 10. Dole Court - street reconstruction. 11. Everett Street - street reconstruction and new curb. 12. George Street - street reconstruction and new curb, sidewalk and esplanades. 13. Highland Avenue - street reconstruction and new sidewalks and esplanades. 14. Highland Court - street reconstruction and new esplanades, sanitary sewer and manholes. 15. Highland Lane - street reconstructionand new esplanades. 16. Hudson Street - street overlay, removal of curb, tree and stump, and new esplanades. 17. Ohio Street - new curbs, sidewalks and esplanades. 18. Sanford Street - new curb, sidewalks and esplanades, and sidewalk overlay. 19. Second Street - street reconstruction and overlay, new curb, sidewalks, and explanades. 20. Second Street Avenue - street reconstruction. 21. Smith Street - street overlay, underdrain catch basin and storm drain outlet. Page 8 22. Smith Street Avenue - street reconstruction and overlay. 23. Third Street - street and sidewalk overlay and new curb and esplanades. 24. Union Place - street reconstruction. 25. Union Street - new sidewalk and overlay. 26. Winter Street - street reconstruction, new curb, sidewalk, esplanades and a cul-de-sac. VII. REVITALIZATION PLAN IMPLEMENTATION The first step to be taken in the implementation of the West Side Revitalization Plan is its adoption by the City Council as part of the Community Development Program. Once adopted the Plan willbecome a useful working document to guide future decisions and to provide effective control of development in the area consistent with community needs and goals. After necessary approvals the revitalization process begins in attest through a coordinated action program to fulfill the West Side Program objectives. The principal implementation activities include: 1. Design and construction of public improvements to the streets, utilities, and public facilities in the project area by City of Bangor personnel. 2. The carrying out of'a comprehensive code enforcement program both to identify rehabilitation and spot clearance candidates and to bring substandard conditions into eventual conliance with City codes by Code Enforcement personnel. 3. The execution of acquisition of determined parcels, after the appraisal process, including relocation, and demolition or rehabilitation activities by City Community Development Staff. 4. The promotion of and assistance to property rehabilita- tion projects carried out by private property owners through: . Consultation and technical assistance by Community Development Staff. b. Low interest property rehabilitation financing to eligible participants through the City's Community Development Program. Page 9 5. The provision of follow-up activities to include inspection and supervision of publicimprovement 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. 7. The introduction of any zone changes found to be beneficial to the project area and consistent with City Land Use Policy. VIII. PROGRAM ACTIVITIES The principle activities to be undertaken in the West Side Neighbor- hood Conservation Project area will be code enforcement, property rehab- ilitation, acquisition and -clearance of dilapidated properties, reloca- tion of displaced persons and businesses, and improvements to publicly owned facilities. A. REHABILITATION Where property rehabilitation 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 rehabilita- tion, the property will become compatible with the Project's Goals and Objectives and Land Use Plan. The Code Enforcement Officer will inspect all residential properties in the project area and provide a list of code violations to each property owner. After consulting with the Code Enforcement Officer, 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 made to promote and assist in the privaterehabilitation 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, as 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's com- pliance with the pertinent and appropriate provisions, regula- tions, 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. Page 10 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 all residential properties in the project area and provide a list of code violations to each property owner. After con- sulting with the Cade Enforcement Office, the Director of Planning and Community Development will determine for each property whether rehabilita- tion is 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 acquisition 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 necessary to achieve the Project's Goals and Objectives and to comply with the Land Use Plan. He 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 propertiesandproperties having a blighting influence on other properties in the project. 2. Provide land necessary for needed public improvements and/or facilities, 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 activities with land acquisition, relocation, demolition and the installation of site improvements, so that the dispo- sition of land can be consummated and reuse or redevelop- ment can get underway as soon as the land is physically ready for disposition. Page 11 b. Publicize the availability of sites, affording potential users or redevelopers the opportunity to maketheir interest known. c. Conduct the disposal of project land in a fair and equitable manner that is open to public scrutiny. 3. Realizing that property abutting property acquired by the City as part of the West Side NCP area in many instances will not conform to the City Zoning Ordinancein terms of lot size, lot coverage, or setback requirements; and that the City can in many instances provide land to owners of abutting properties thus reducing or eliminating noncon- £ormities in the Project area, it shall be an objective of the City in carryingg out the Revitalization program to reduce or eliminate nonconformities where possible by the transfer of acquired land to abutting owners. 4. -Definitions - For the purposes of this section, the following terms have the following meanings: a. De��artme��n[ - This term means the Planning and Communityvvel ant 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 §angor by and thru its Department of Planning and Community Development, whichever is applicable. c. Communit Day in ant Committee - This term means the ommun ry ve opmenx Co® tree of the Cdty Council Of OCR of Bangor. d. Finance Committee - This term means the Finance Committee o tTei—iUrty Zouncil of the City of Bangor. e. Fair Reuse Value - This term means the fair market value o x -eerty for its highest and best uses permitted under the West Side NCP Revitalization Plan. f. Disposal Eor Public Use - This term means a disposal to t�e era vermmenr, the State of Naine,. the City of Bangor, any subdivision thereof, any of their agencies or instrumentalities, or retention by the City. g. Dis osal foi Non rofit Institutional Use - This term means a repose [o a nonpro It accent c, a ucational, public health. public welfare, hospital or other charitable institution, which will operate the redevelopment for a non-profitinstitutional use, a. g., a hospital, church, library, school or playground. Acquisition of land by a nonprofit institution for investment or resale Page 12 is not considered a nonprofit institutional use. The nonprofit institution must be exempt from Federal taxa- tion under the Internal Revenue Code. h. Revitalization Plan - This term means the Bangor Community eve opmebT). nt ream - West Side Neighborhood Conservation Project Area Revitalization Plan. B. LAND DISPOSITION MAP 1. Ma ire ara�tion - The City shall cause to be prepared a map n ica�` ting any and all parcels of land which may be offered for sale, lease or over which a utility easement may be granted. When deemed necessary, a land survey and legal description may be prepared prior to obtaining any reuse appraisals. The map shall otherwise show the dimensions of each disposal parcel and each area subject to different land use controls or redevelopment requirements as outlined under the revitaliza- tion 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 Dis oral Price - Unless otherwiseindicated, all project an s e disposed of at a price not less than its Fair Reuse Value. The fair reuse value shall reflect both t e ai UV ntages 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 Community Development Committee of the City Council of the City of Bangor. 2. Number of A�ra�isals - Each parcel which shall be offered for resale shy all be appraised when determined necessary by at least one competent professional appraiser. I£ the City believes more than one appraisal is desirable in establishing a fairreusevalue, it shall obtain such additional appraisals as it deems necessary. 3. Disposal Price of Easements - The City may grant or reserve, w t out c arge, easements on project land for public utility eervlce lines as it deems expedient or necessary. 4. Value of Right to Remove IMProvements - I£ an existing building or of er improvement is to a sold or 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 engineer's estimate by a professional in private practice or qualified individual on the staff of the Department or other public body shall be obtained. However, for a package disposal consisting 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 entire package. Page 13 D. E. Certification of Fair Reuse Value - The Community Development Committee shall study t e appra sere Fair Reuse Value deter- mination and his report thereon. With respect to properties for which the Community Development Committee accepts the appraisers report and valuation, the Community Development Commmitteeshall adopt a resolution or by other official action make a certification which: a. Identifies each property by parcel number, square footage and proposed reuses. b. Specifies the mount established as the fair reuse value for each property." c. Certifies that the work of the appraisers has been per- formed in a competent manner in accordance with State law and City policies and requirements.' In the event the Community Development Committee does not accept the determination of Fair Reuse Value by its appraiser, it shall proceed with one or more of the following steps: d. Review all available documentation with the appraiser to resolve all differences concerning theestimate. e. Seek one or more additional appraisals. f. Make appropriate adjustments as it deems necessary. 1. Disposition Schedule and Promotion - The City shall at the ear etpposs, Sate eetabTreT 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 other professionals as may be required. 2. Declaration of Restrictions - The City may at its discretion record in the Penobscot egistry of Deeds a copy of the Revital- ization Plan thereby directly advising prospective purchases as to the restrictions, benefits and objectives of the Plan. The City shall also determine whether to record the entire Plan, specific portions or any amendments thereto. DISPOSAL OF LAND 1. Method of Dis oral - The City may dispose of project land by sa a or ease n accordance with any method permitted by State and local law to a developer or other parties selected either by negotiated sale of land or competitive proposal. However, prior to the execution of any agreements, the City Council shall by resolution, council order or similar action: a. Approve all agreements and conditions. thereon. Page 14 b. Approve the price and determine that such price is not less than Fair Reuse Value. 2. C eti�tive Pro osteal - In the event the City shall deem that Lane be disposed of ter redevelopment by competitive proposal, the following procedure shall be followed: a. A notice shall be placed in one or more newspapers advertising availability of project land for redevelop- ment. 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 G, sub- paragraph 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 shall reserve the right to reject any and all proposals which it feels are not in its best interest. The City shall otherwise evaluate all proposals on the basis of their compatibility with the Revitalization Plan. C. After the thirty (30) day proposal review and evaluation period, the City may select from the proposals submitted, a tentative developer, and shall notify all persons sub- mitting proposals of this fact. 3. Review of Pro orals - A Design Committee, consisting of the TrEy7councl, ommunity Development Committee, the Chairman of the Planning Board, the City Manager, the City Engineer, the Director of Planning and Community Development, and City Planning Officer, shall review and evaluate all redevelopment proposals submitted. The Design Committee shall submit its recommendations for the selection of a tentative developer to the City Council which shall adopt a resolution designating the tentative developer. 4. Option [o Purchase - The City shall as soon as practical, enter nto an agreement with the tentative developer providing him , with an 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 according to a schedule based on a percentage each month of the purchase price which will be relative to the size of the parcel. S. Redeveloper's Oualifications - Before executing any final tz�er of land,the City she 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 Construc- tion begin and be completed within dates aggrreed. upon. The City may if it dams necessary require the developer as part of the agreement to post a performance bond in an amount to be set page 15 by the City. The City may at its discretion, and for good cause, reject any prospective redeveloper based on an analysis of pertinent data relating to his qualifications. 6. Pro errs Rehabilitation - A disposal agreement covering property so su je�.d b' ct to reltab111tation shall contain a work write-up detailing the work that most be performed by the buyer to con- form to the Revitalization Plan and applicable codes and ordinances of the City. 7. Dea'gn_�Obiectivea - All disposal agreements shall contain pro - OF v review and approval of a developer's plana. The City shall review and approve all development plans prior to construction to assure compliance with Revitalization Plan objectives. The City shall maintain records and reports, including copies of official Council, Community Development Committee, and Design Review Committee action, reuse 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 running 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 disposition program. C. APPROVAL OF PLAN Notwithstanding the requirements of the City Ordinances regarding approval of building plans prior to construction, no construction will be allowed within the limits of the West Side NCP area without the prior submission and approval of preliminary plans, and final plans and speci- fications. Said plans shall be reviewed by a Design Committee appointed by the City Council on behalf of the Bangor City Council to insure con- sistency in design and compatibility with the Revitalization Plan. No plans shall be approved unleas said plane 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 outline the general scope of development or redevelopment, andto convey to the Design Committee sufficient information for them to determine the character of the work to be per- formed. a. Site Plan - The site plan shall be drawn to a scale of one Inch equals twenty (20) feet wherever practical. The plan should include: (1) Property Lines and dimensions. (2) Adjacent features, such as abutting streets, building outlines and property linea. Page 16 2. (3) Existing and proposed paved areas, including the type of pavement and principal dimensions. (4) The on-site parking layout, and traffic flow, if any. (5) Planting areas, including general size and variety of trees 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 over- laps such as canopies or basement extensions. b. Floor Plan - The scale of the floor plan shall be left to ttRi—e s retion of the architect. This plan shall show general room layouts and use, including entrances and exits. Dimensions may be approximate and the overall floor area for each floor shall be indicated. The eleva- tion of each floor shall be indicated. c. Elevations - A suitable cross-section or elevation of the ur5-'Lding shall be provided, either in the form of an artist 's rendering o£ the building or a cross-section of the building. Where site grades play an important part in the layout of multi-level structures, the Design Committee shall reserve the right to request cut -away elevations showing the rela- tionship of floors to surrounding grades. Materials to be used for exterior treatment shall be indicated. Final Plane and Specifications - After approval of the pre- rmrnary p an, C e eveloper shall then proceed with the pre- paration of final plana 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 struc- tural or architectural treatment of the facility shall be outlined in complete detail. I£, 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 accordance with the pro- cedures outlined in the Revitalization Plan, the City shall at the earliest possible 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 basedon a percentage of the total purchase price. Unless otherwise Page 17 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 cash and financing to develop the land in accordance with the approved plan. Page 18 �Aaagor. the neater of Maiat—the Gatswy to Moirai North Woods and Soothers Resorts b RODNEY G, McKAY 01m HALL OftvcAr EANGOL MAINE DOOR JOHN IL LORD ,...>o„a„mn .a..i..a,kw Ittg of pangot Paine DATE: August 17, 1982 TD: The Honorable City Council FROM: The Planning Board SUBJECT: City Council Referral "Community Development Program Revitalization Plan for the West Side Neighborhood Conservation Project C.O. No. 82-216 Please be advised that the Planning Board at its regularly scheduled meeting on August 16., 1982 discussed the above referral request. The Board unanimously voted to indicate that the proposed "Community Development Program Revitalization Plan for the West Side Neighborhood Conservation Project" was in conformity with the City's Comprehensive Plan and Zoning Ordinance. O M. Lord Planning Officer