HomeMy WebLinkAbout1980-06-23 227 AH ORDER227 AS
Introduced by Councibx noway, dune 23, 1980
_ CITY OF BANGOR
(TITLE.) Mr11Pr1...9PProving and Adopting Ccmmaunitx..DYJalppmePt.PxRHram - _...
Revitalization Plop for the $eat. Side Beighborbspi CpagerYatlpq„8rpjept, ........
By the City Council Of tM My ofBaxpar:
ORDERED,
THAT WHEREAS, under the provisions of Title I of the Housing and Cotmmmity
Development Act oP 1994, the Secretary of Housing earl Urban Development is authorized
to provide financial assistance to local governments for undertaking and carrying out
Commutlty Development Programs; and
WHEREAS, there has been prepared and referred to the City Council of
the City of Bangor for approval aM adoption a "Revitalization Plea for the East Side
Neighborhood Conservation Project", a copy o£'vbich is on file in the Office oP the
City Clerk; and
wiMra£, a Comprehensive Plan has been prepared and is recognized ani
used as a guide for the general development of the City of Bangor as a whole; and
WHEREAS, the Plaminng board of the City o£ Bangor has reviewed the Plea
and has submitted to the City Council in writing its report and reco®epdatione re-
specting the Plus indicating that the Plan conformswiththe City of Bangor Compre-
hensive Plan and applicable zoning ordinances; aid.
WHEREAS, the City of Balogor has made studies of the location,physical
condition of structures; land use; enviramental influences, and social, cultural, and
econesmic conditions of the East Side Neighborhood Conservation Project Area and has
determined that the area is 'a blighted area as defined in 30 M.R.S.A. g 4852 (1) end
that the conditions therein fell within the "findings and declaration of necessity" as
set forth in 30 M.R.S.A. 1 4851; and
WHEREAS, it is desirable and in the public interest that the City a Bangor,
as part of its Community Development Program having as its primary objective the develop-
ment of a viable co®unity by providing decent housing, a suitable living eavifoment
and the expansion of neuronic opportunity, principally for persons of low a�mederate
income, undertake and carry out the Revitalization Plan for the East Side Neighborhood
Conservation Project enc®passiug the area as described in the Plan;
NOW, THEREFORE, HE IT ORDEMED W THE CPM COUNCIL OF TINT CPM OF BAPGOR:
THAT it's hereby found oW determined that the East Side Neighborhood
Conservation Project Area is a blighted area as defined in 30 M.R.S.A. 1 4852 (1) and
is hereby designated as such.
THAT the Revietlization Ppm for the East Side Neighborhood Conservation
Psnject dated .lune 19803 a copy of which is on pile in the office of the City Clerk, is
hereby approved and adopted by the City Council of the City Of Hangar in accordance with
30 M.R.S.A. 1 4853.
r 227 Ah
In City Council Jure 23:1900
Ret ed to planning board O R D E R v I
4f k
C er next meeting /
Title,
C y Clerx ` - _ Approvi� end Adopting Comnbmty DevelopnaritSpry
t
program Revitalizat Plan for the Eas}.�Side
Neighborhood Conservatioh project
in city mwcil Avly 14.1980...................................... . .z :. ..
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COMMUNITY DEVELOPMENT PROGRAM
REVITALIZATION PLAN
FOR THE
EAST SIDE
NEIGHBORHOOD CONSERVATION PROJECT
Submitted to:
CITY. COUNCIL OF THE CITY OF BANGOR
June, 1980'
COMMUNITY DEVELOPMENT PROGRAM
REVITALIZATION PLAN
EAST SIDE NCP
TABLE OF CONTENTS
Page No.
I.
PROJECT BOUNDARIES . . . . . . . . . . . . . . . .
1
II.
EXISTING ENVIRONMENTAL DEFICIENCIES . . . . . . . .
. . 1
III.
REVITALIZATION PLAN GOALS AND OBJECTIVES . . . . .
3
A. General Environmental Objectives . . . . . . .
. . 3
B. General Design Objectives - Residential . . . .
. . 4
C. General Design Objectives - Nonresidential . .
. . 4
D. Social and Economic Objectives . . . . . . . .
4
IV.
LAND ME PLAN . . . . . . . . . . . . . . . . . . .
. . 5
A. General . . . . . . . . . . . . . . . . . . .
5
B. Residential Land Uses . . . . . . . . . .
5
C. Commercial Land Uses . . . . . . . . . . . . .
. . 6
D. Civic and Institutional Uses . . . . . . . . .
. 7
E. Park and Open Space Uses . . . . . . . . . ..
. 7
. F. Accessory Uses . . . . ... . . . . . . .
. . 7
V.
CIRCULATION . . . . . . . . . . . . . . . . . .
. . 8
VI.
PUBLIC IMPROVEMENTS . . . . . . . . . .
. . _ 9.
VII.
LAND USE PLAN IMPLEMENTATION . . . . . .
. . 9
A. Residential Zones . . . . . . . .
10
B. Commercial. Zones . . .. . . . . . . . .
. . 10'
Table of Contents (Continued)
Page No.
C.
Civic and Institutional Zone . . . . . .
. . . . . . 10
D.
Park and Open Space Zone . . . . . . . .
. . 10
VIII. PROGRAM ACTIVITIES . . . . . .
10
A.
Rehabilitation . . . . . . . . . . . .
. . . . . . 11
B.
Acquisition and Rehabilitation . . ...
. . . ... . 11
C.
Acquisition and Clearance . . . . . . .
. . . . 12
IX. LAND DISPOSITION . . . . . . . . . . . . .
. .. . . . . 12
A.
Introduction . . . . . . . . . . . . .
. . . . . . 12
B.
Land Disposition Map . . . . . . . . .
. . . . . . 14
C.
Determination of Disposal Price . . . .
. . . 14
D.
Preparation for Disposal . . . . . .
. . . . . 15
E.
Disposal of Land . . . . . . . . . .
. . . . . . 15
F.
Maintenance of Records . . . . . . . .
. . . . . . 17
G.
Approval of Plan . . . . . . . . . .
. . . . . 17
H.
Fee Option Schedule . . . . . . . . .
. . . 18
MAP EXHIBITS
EXHIBIT
"A"
PROJECT BOUNDARIES
EXHIBIT
"B"
LAND USE PLAN
EXHIBIT
"C"
PUBLIC IMPROVEMENTS
EXHIBIT
"D"
PROPOSED ZONING
I. PROJECT BOUNDARIES
EAST SIDE NEIGHBORHOOD CONSERVATION PROJECT (NCP)
The East Side NCP area is situated in the City of Bangor, County
of Penobscot, State of Maine, and is bounded by Newbury Street, State
Street to rear property lines of lots abutting the west side of Fern
Street, said rear property Sines from State Street to Garland Street,
Garland Street to rear property linea of lots abutting the east side
of Otis Street, said rear property lines from Garland Street to State
Street, Spruce Street and the Penobscot River. The. attached East Side
NCP project area map entitled Exhibit All more precisely delineates
the project boundary.
II. EXISTING ENVIRONMENTAL DEFICIENCIES
The following environmental deficiencies currently exist in the
East Side NCP area indicating a present need for implementation of the
East Side NCP Revitalization Plan.
overcrowding or improper location of structure on land
The majority of buildings in the project area, and in particular
those residential structures on Merrimac Street, are located on small
lata with inadequate front and side yard setback and exceed maximum
permitted land coverages as set forth in the Zoning Ordinance. Several
dilapidated accessory structures are located as rear yard uses. These
crowded conditions, which greatly increase the potential for fires and
promote conditions of inadequate light, air, ventilation and sanitation,
indicate the need for property clearance in those areas where these
conditions exist.
Structural deficiencies
There are 256 individual lots in the East Side NCP area and the
land use of these parcels is as follows: 220 (877.). residential, 6com-
martial, 7 mixed commercial -residential, 1 industrial (warehouse), 1
governmental, 1 park and 20 vacant There is a high incidence of code
violations. in the area. A survey indicates that 158 residential structures
containing approximately 235 dwelling units or 70.27. of the residences
in the East Side Neighborhood Conservation Project area are in violation
Page 1
of the City's Housing, Building, Plumbing and Fire Codes (BOCA). There
are 82 residential properties containing approximately 118 dwelling units
that will require extensive rehabilitation assistance. Six residential
structures containing 7 dwelling unite are considered to be physically
and economically beyond the point of being rehabilitated and require
clearance.
Overcrowding of residential structures
Eleven residential structures are presently in an overcrowded con-
dition and the number of dwelling units per acre in the East Side NCP
arae is well in excess of the City average of 4.9 dwelling units per
acre.
Incompatible uses
There have been a few conversions of residential properties through-
out the years to incompatible types of uses, particularly business uses.
There are also several commercial uses and an industrial use which do
not conform to the City's Zoning Ordinance. Crossly incompatible land
use conflicts will be reduced or eliminated where feasible.
Obsolete building types
A number of obsolete residential structures are located in the
project area. Six of these structures ere not economically or struc-
turally feasible for rehabilitation to current occupancy standards and
needs. A prolonged Sack of maintenance on these structures has created
an economically depressing effect on the area.
Detrimental structural conditions
An estimated 95% of the East Side Neighborhood residential
structures are in excess of thirty years of age and are in need of
winterization improvements such as insulation and storm windows to
reduce heating costs which are an increasing burden for low and moderate
ince me families. In addition, a City Health Department lead-based
paint survey revealed that there is a significant incidence of lead-based
paint in the East Side NCP area. Of the 201 neighborhood residential
structures surveyed, 33 or 16.4% of the structures contained interior
paint with lead in concentrations greater than 2 milligrans per square
centimeter which is the maximum lead concentration allowed in domestic
paints by Federal and State law. Of those. 33 structures, 63.69 were
inhabited by children under 6 years of age which children are most likely
to consume lead-based paint.
Deficient street system
The project area street system in general suffers from 'a deteriora-
ting condition with. some streets having an inadequate right-of-way width.
Code enforcement
Because property values in the East 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
Page 2
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 the project area and
force residents to park their vehicles on the streets. This situation,
combined with narrow streets and traffic generated by commercial was,
contributes to the congestion of street traffic in the area. Also, a
limited amount of vegetation exists it come parts of the area, because of
excessive lot coverage and the lack of front, side and rear yards.
Designation of East Side NCP as a Blighted Area
The East 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 ill health, transmission of disease, and crime
and are detrimental to the public health, safety and welfare of the com-
munity as a whole. Street systems are inadequate and dangerous. Imme-
diate revitalization action is necessary to eliminate the existing blight
and to restore the East Side NCP area as a vital part of the City.
III. REVITALIZATION PLAN GOALS AND OBJECTIVES
A. GENERAL ENVIRONMENTAL OBJECTIVES
The elimination of substandard buildings and structures which have
a significant environmental blighting influence.
The conservation and rehabilitation of those buildings which are
in conformance with the East Side Revitalization Plan and which are
economically and structurally Feasible to rehabilitate.
The prevention of construction of buildings or uses of land which
would be detrimental to the established character of surrounding proper-
ties.
The elimination, wherever possible,o£ poor or inappropriate land
US as.
The promotion of a living environment free from objectionable
vehicular congestion, odors, vibration, noise, glare, smoke, dust, over-
crowding and other hazards to health and safety.
The creation of a lower density environment with improved community
facilities and services to better support private development and the
needs of area residents.
Page 3
B. GENERAL DESIGN OBJECTIVES - RESIDENTIAL
To upgrade and expand the supply of decent, safe and sanitary
housing, particularly for persons of low and moderate income, through
code enforcement, property rehabilitation assistance and clearance of
substandard housing not suitable for rehabilitation.
To exclude nonresidential uses from areas which are considered
appropriate for residential use only.
To redesign the interior circulation system of residential areas
to provide for safe access to area properties and to minimize hazards
from through traffic.
To reduce residential densities to relieve overcrowding and con-
gestion in the neighborhood.
To provide each revitalized and new residential site with vehicular
parking spaces adequate to meet the demands of the number of dwelling
units.
To add landscaped areas and open space to the revitalized resi-
dential areas.
C. GENERAL DESIGN OBJECTIVES - NONRESIDENTIAL
To ensure adequate screening when such uses are adjacent to
residential areas.
To provide safe, easy and convenient ingress and egress points
from all parking lots and/or loading facilities.
To ensure that the architectural appearance of any new building is
complementary in its relationship to the surrounding residential area.
To provide for all lighting to be directed into the property
served by such lighting so that no illumination or glare will be pro-
duced on adjacent structures, streets or lots occupied by residential,
institutional or public use.
To require that wherever outdoor display or storage of goods are
permitted, such display or storage shallhavethe same setbacks as
provided for all off-street parking areas.
D. SOCIAL AND ECONOMIC OBJECTIVES
To encourage and provide land for the development of housing that
satisfies Community Development established goals.
To provide adequate public facilities in order to ensure the main-
tenance of a viable and attractive neighborhood.
Page 4
To deconcentrate lower income housing by the acquisition and
clearance of substandard housing and by relocation of lower income
occupants to other housing situated throughout the community that is
decent, safe and sanitary.
IV. LAND USE PLAN
A. GENERAL
The Land Use Plan for the East Side NCP area is intended to be
broad in scope in order to provide the flexibility necessary to direct
the revitalization of the area in the years ahead. As the 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 parks and open space was. Nothing contained in this specific
development policy discussion for the East Side NCP area should be con-
strued or interpreted as to allow development of any parcel of land in
violation of any Ordinance of the City of Bangor. This Land Use Plan
(See Exhibit "B") has been developed to be consistent with the City-wide
update of the Comprehensive Plan's Proposed Lend 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 developing trends. Clarification of
specific land use policy in the East Side NCP area and public and private
investment is necessary if the area is to be revitalized. In order to
fulfill this objective the following courses of action are recommended:
1. Provide a reasonable and clear cut division of land uses
in the area.
2. Institute concentrated code enforcement.
3. Provide property rehabilitation assistance.
4. Institute spot acquisition and clearance of a limited number
of dilapidated properties.
5. Schedule 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. Most 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 an industrial ware-
house use which, because of its incompatibility with the surrounding
residences, has also been shown in the medium density residential -
category. A few limited areas, located along State Street, containing
Page 5
mixed residential/commercial uses and multi -family residential uses in
excess of 4 units per dwelling have been included in a high density
residential category.
Since the area will require two types of remedial activities,
clearance and rehabilitation, residential land use regulations have
been developed which recognize the difference inherent in these types
of activities. Therefore, the portion of the project which will undergo
rehabilitation must be capable of accommodating new growth as well as
revitalizing existing development. Guidelines for the clearance of
dilapidated properties have been formulated to encourage development
which is economically viable and which will satisfy the City's housing
goals. With these differences in mind, the following residential land
use guidelines are established for the East Side NCP 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. Additional units above this
number will require additional lot area in accordance with
appropriate zoning regulations of the City of Bangor.
2. High Densitv 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 nor shall there be less than 1740 sq. £t. of land area
provided for each dwelling unit, and all the appropriate
zoning regulations of the City of Bangor shall be adhered to.
These high density areas shall be limited to State Street.
C. COMMERCIAL LAND USES
1. Neighborhood Commercial
There are several neighborhood commercial uses on State Street
in the East Side NCP area.Permitted uses contemplated 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, etc. Additional examples of these uses
are determined under Article 11 of the Zoning Ordinance of
the City of Bangor. No business establishment shall occupy
an area in excess of 2,000 sq. £t. of gross floor area in
such uses.
Page 6
2. General Commercial
There are a number of commercial establishments on State
Street that presently provide services to the larger
community beyond theimmediate neighborhood. Examples of
such uses include restaurants, drive-in bank, professional
offices, etc. Such uses are further defined in Article 12
of the City Zoning Ordinance.
D. CIVIC AND INSTITUTIONAL USES
One lot on the Land Use Plan is indicated as civic and institutional
to accommodate an existing .City fire station at that location. Permitted
uses also include facilities operated by public agencies or private non-
profit organizations, churches, cemeteries, etc. - Such uses are further
defined in Article 18 of the Zoning Ordinance of the City of Bangor.
E. PARK AND OPEN SPACE USES
Park and open apace uses include Williams Park, an active recrea-
tion area, and vacant,except for railroad lines, open space land
adjacent to the Penobscot River. Except for the course of the railroad
line, the open space area is designated as such to protect and preserve
the steep slopes in this area. Permitted uses are listed under Article
19 of the Bangor Zoning Ordinance.
P. 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
was 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 space,
lighting, and such structures as are normally associated with the
principle use. Permitted accessory uses in park and open space areas
include lighting, walking and seating facilities, recreational play
equipment, landscaping; fountains, sculptures and such uses as are
customarily incidental and subordinante to the principal permitted uses.
All such uses will meet the requirements of the Zoning Ordinance of the
City of Bangor.
Page 7
V. CIRCULATION
A. INTRODUCTION
Planning for increased traffic safety and volumes involves
structuring a street system capable of handling various types of
traffic. In order to accomplish this objective, streets must be class-
ified, designed and built in a manner which will facilitate the level
of service required to expedite the movement of local as well as 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 importance and differences in street function
within this system will determined the amount of right-of-way and pave-
ment width to insure good traffic circulation. A good circulation
system, therefore, requires a complete integration of both 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 optimising safety and efficiency in the movement of that traffic.
The interior street system has both collector streets and simple 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. Both State Street and Hancock Street are desig-
nated 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. Garland Street 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 preferablethatthey be short in length.
Otis Street, Fruit Street, Pearl Street, Fern Street, Spruce
Street, East Summer Street, Birch Street, Merrimac Street,
Newbury Street and Salem Court are designated as local
streets in the East Side NCP.
Page 8
VI. PUBLIC IMPROVEMENTS
In order to provide the East Side area with the proper public
services, it is necessary to institute a program for improvements of
a comber of the existing facilities. The primary emphasis in this
public improvements program will be for those facilities within the
public right-of-ways including street overlay and reconstruction, new
catch basins, curbs, sidewalks and esplanades, and sidewalk removal
and overlay. Spruce Street and Pearl Street will be dead -ended and
connected by a new crossover street as shown on the Public Improvements
Plan, Exhibit "C". Regrading and landscaping of the Williams Park
banking adjacent to Hancock Street is also proposed. The Hancock Street
extension, which is now under construction, is not a part of the East
Side Neighborhood Conservation Project. The following .program is pro-
jected for the East Side area:
1. Garland Street - new sidewalk.
2. Fern Street - sidewalk overlay.
3. Pearl Street - new sidewalk, curb and catch basins, and
street overlay.
4. Fruit Street - sidewalk removal, new curb and esplanade,
and street overlay.
5. Otis Street - sidewalk removal, new sidewalk, curb and
esplanade, and street overlay. .
6. Spruce Street - new curb and street overlay.
]. East Summer Street - new sidewalk, curb and catch basins,
widen esplanade and street overlay.
8. Birch Street - sidewalk overly.
9. Merrimac Street - sidewalk removal and overlay, new curb and
esplanade, and rebuilt street.
10. Salem Court -new curb and catch basins, and street overlay.
11. Hancock Street - sidewalk overlay.
VII. LAND USE PLAN IMPLEMENTATION
The first step to be taken in the implementation of the Land Use
Plan is its adoption by the City Council as part of the Co®unity Devel-
opment Program. Once adopted the Plan will become useful working docu-
Page 9
ment to guide future decisions and to provide effective control of
development in the area consistent with community needs and goals.
The most significant tool available to implement the land use
recommendations in the area is the City's comprehensive Zoning Ordinance.
The Zoning Ordinance will provide the basic framework for Any redevelop-
ment of parcels in the project area controlling both use and the pro-
vision of minimum standards for such redevelopment. The following
zoning recommendations are proposed to implement Che East Side NCP
Land Use Plan. (See Exhibit "D" for specific proposed zoning boundaries
and designations.)
A. RESIDENTIAL ZONES
The East Side NCP area is primarily medium density residential in
character. In order to maintain this character and to aid in the
revitalization efforts of this neighborhood area, it is recommended
that those lots presently zoned R-4 residential be retained in that
zone designation. In addition, a number of lots along State Street,
which are presently zoned R-5 residential, are proposed to be rezoned
to R-4 residential. These parcels are recommended for rezoning to R-4
residential since their use is strictly residential and the structures
contain no more than 4 units. Several other lots on State Street which
contain mixed residential/commercial uses or more than 4 units are pro-
posed to remain in the R-5 residential zone.
R. COMMERCIAL ZONES
Essentially all of the commercial establishments are located on
State Street. Even thoughmany of the business establishments provide
services that are beyond those normally allowed in a C-1 Neighborhood
Commercial Zone, it is proposed that all of the C-1 zoning be retained
to help foster the residential character of the area. Two other lots
on State Street with C-2 zoning are proposed to remain in this category.
C. CIVIC & INSTITUTIONAL ZONE
The existing Civic and Institutional Zone for the fire station
on the corner of State Street and Salem Court is proposed to be retained.
D. PARR & OPEN SPACE ZONE
Williams Park and the vacant slopes adjacent to the Penobscot River
are proposed for P & 0 zoning, the same as these areas are presently
zoned.
VIII. PROGRAM ACTIVITIES
The principle activities to be undertaken in the East Side Neigh-
borhood Conservation Project area will be code enforcement, property
Page 10
rehabilitation, acquisition and clearance of dilapidated properties,
relocation 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 the project area. Rehabilitation is deemed
necessary where a property fails to satisfy minimum housing, building
and zoning code standards. Rehabilitation is deemed appropriate where
it is economically and physically feasible and where, through such
rehabilitation, 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 pro-
perty owner. After consulting with the Code Enforcement Officer, the
Director of Planning and Community Development will make the final deci-
sion whether rehabilitation is both necessary and appropriate for each
property. Efforts will be made to promote and assist in the private
rehabilitation 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,
at its option, rehabilitate the structure(s) in order to
conform with minimum, code standards and than sell the
property, or dispose of said parcel without making any
improvements thereon, but conditioning such disposition upon
the new owner's compliance with the pertinent and appropriate
provisions, regulations, controls, and restrictions of the
redevelopment plan including the property rehabilitation pro-
visions.
2. The City wishes to acquire a typical parcel to be used as a
rehabilitation demonstration structure and project site
office.
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 consulting with the Code Enforcement Office, the Director of
Planning and Community Development will determine for each property
whether rehabilitation is both necessary and appropriate, as those
Page 11
terms are defined above. The Director will than make a recommendation
to the City Council which will make thefinal decision regarding acqui-
sition 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 deter-
mine 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 properties and areas.
2. Remove the blighting influence such structures and/or uses
have on the remaining portions of the project area.
3. Provide land necessary for needed public improvements and/or
facilities.
4. Provide land for open space and/or planned redevelopment
of housing.
5. Remove uses incompatible with the Project's Land Use Plan.
IX. LAND DISPOSITION
A. INTRODUCTION -
1. This section establishes policies and requirements applicable
to the marketing, disposition and redevelopment of zeal pro-
perty 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 assoonas the land is physically
ready for disposition..
Page 12
b. Publicize the availability of sites, affording potential
users or redevelopers the opportunity to make their
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 East Side NCP area in many instances
will not conform to the City Zoning ordinance in 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-
formities in the Project area, it shall be an objective of
the City in carrying 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 siiI have the following meanings:
a. De ati or - This Yarm means the Planning and Community
eve opment 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.g�i[YY - This term means the City of Bangor and the City
o�Sanpr by and thru its Department of Planning and
Community Development, whichever is applicable.
c. Co®umiC Develo
an Committee - This term means the
ommunrty Deve opment Comm tree of the City Council of
the Ci of Bangor.
d. Finance Committee - This term means the Finance Committee
o t e ty ouncil of the City of Bangor.
e. Fair Reuse Value - This term means the fair market value
o t e�ty for its highest and best uses permitted
under the East Side NCP Revitalization Plan.
f. Disposal for Public Uae - This term means a disposal to
t e e era verna nt, the State of Maine, the City of
Bangor, any subdivision thereof, any of their agencies
or instrumentalities, or retention by the City.
g. Dis osal for Nonprofit Institutional Use - This term means
a a1sposaL to a nonpro t sc ant u, a ucational, public
health, public welfare, charitable, hospital or other
eleemosynary institution, which will operate the redevelop-
ment for a non-profit institutional use, e.g., a hospital,
church, library, school or playground. Acquisition of
Land by a nonprofit institution for investment or resale
Page 13
is not considered a nonprofit institutional use. The
nonprofit institution must be exempt ftom Federal taxa-
tion under the Internal Revenue Code.
h. Revitalization Plan - This term means the Bangor Community
ve opmen rogram - East Side Neighborhood Conservation
Project Area Revitalization Plan.
B. LAND DISPOSITION MAP
1. Man Preparation - The City shall cause to be prepared a map
in ica`3` 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 os a D's sal Price - Unless otherwise. indicated, all
pro act an e disposed of at a price not less than
its Fair Reuse Value. The fair reuse value shall reflect
both t e a� van created by the project and requirements
and Limitations on land uses to be imposed on the developer
by the Revitalisation Plan. The Minimum Disposal Price shall
be established by the Community Development Committee of the
City Council of the City of Bangor.
2. Number o£�A raisals Each parcel which shall be offered for
resa a sEa be appraiaed when determined necessary by at
least one competent professional appraiser. If the City
believes more than one appraisal is desirable in establishing
a fair reuse value, it shall obtain such additional appraisals
as it deems necessary.
3. Dia oral Price of Easements - The City may grant or reserve,
w t out c arge, easements on project land for public utility
service linea as it deems expedient or necessary.
4.. Value of Right to Remove Improvements - I£ an existingbuilding
or of er improvement is to be soLd tor 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 14
5. Certification of Fair Reuse Value - The Community Development
Committee shall study the appra sera 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
Committee shall adopt a resolution or by other official action
make a certification which:
a. Identifies each property by parcel comber, square footage
and proposed reuses.
b. Specifies the amount 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 the estimate.
e. Seek one or more additional appraisals.
f. Make appropriate adjustments as it deems necessary.
D. PREPARATION FOR DISPOSAL
1. DiaposieLon Schedule and Promotion - The City shall at the
ear ea t—S p%s�bTZate eataU sT 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 n 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.
E. DISPOSAL OF LAND
1. Method offs oval - The City may dispose of project land by
as a or lease in 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 15
b. Approve the price and determine that such price is not
less than Fair Reuse value..
2. Competitive Proposal - In the event the City shall deem that
an a repose o for 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 beobtained, 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
rty ounc ommimity 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 to Purchase - The City shall as soon as practical, enter
into an agreement with the tentative developer providing him
with an option to purchase. The City shall also indicate in
the agreement the time limits forsubmission 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 Qualifications - Before executing any final
trimer of land,the City shall 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 be&in and be completed within dates agreed upon. The City
may if it deems necessary require the developer as part of the
agraement to .post a performance bond in an amount to be set
Page 16
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 erg Rehabilitation - A disposal agreement covering property
SOLa su ecc to renabilitaflon shall contain a work write-up
detailing the work that must be performed by the buyer to con-
form to the Revitalization Plan and applicable codes and
ordinances of the City.
7. Design Objectives - All disposal agreements shall contain pro -
Tions— for ditty review and approval of a developer's plans.
The City shall review and approve all development plans prior
to construction to assure compliance with Revitalization Plan
objectives.
P. MAINTENANCE OF RECORDS
The City shall maintain records and reports, includingcopies 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 farm 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.
G. 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 East Side NCP area without the prior
submission and approval of preliminary plans, and final plans and speci-
fications. Said plana 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 Revitalisation Plan. No
plans shall be approved unless 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. Prelimina Plan - The intent of the Preliminary Plan shall be
to out ne t e general scope of development or redevelopment,
and to 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 lines.
Page 17
(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.
(8) 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
TTie-incretion 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.
a. Elevations - A suitable cross-section or elevation of the
Fuiidrn—g shall be provided, either in the form of an artist's
rendering of 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-
vn nary plan, the aevelopef shall then proceed with the pre-
paration of Final plans and specifications. Said plana 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 art=-
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
based on a percentage of the total purchase price.
Page 18
The following Fee Schedule has been established and shall be
used by the City of Bangor in all transactions for the sale of
project land.
Rate and Terms
1% of 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 19
Bangor, the center of Maim—the Caeeawy, to Maim's North Woods and Swehore Re mis
GRAIN, BANGOR, NE 04401
""'"'° ••. GIA` of pnis ar, a lauu JOHN M LORD ....:e, ie.,.os„
DEPARTMENT 00 PLANNING Md COMMUNITY DEVELOPMENT
DATE: July 8, 1980
To: The Honorable City Council
FROM: The Planning Board'
SUBJECT: Community Development Program - Revitalization Plan
for the East Side Neighborhood Conservation Project
Council Order No. 227 AH
Please be advised that the Bangor Planning Board at its
regular meeting of July 7, 1980, reviewed the above-named Plan.
The Board voted five in favor and none opposed to indicate
that the Community Development Program - Revitalization Plan for the
East Side Neighborhood Conservation Project is in conformity with
the City of Bangor's Comprehensive Plan and Zoning Ordinance.
'Jo Lora
Planning Officer