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