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Home My WebLink About2016-03-14 16-104 ORDINANCECOUNCIL ACTION Item No. 16-104 Date: March ;14., 2016 Item/Subject ORDAWMng Land Development Code – Zone Change – 262 Garland Street (Tax Map 053-218) from an Urban Residence One District to an Urban Residence Two District. Responsible Department: Planning Division Commentary: The applicant, MWC Properties LLC, Jeffrey Mitchell, is requesting a zone change for a parcel of land located at 262 Garland Street (Tax Map 053-218) from a Urban Residence One District to an Urban Residence Two District. The URD2 zone will allow them to have up to a four dwelling units In one building on the property. Manager's Comments: For Referral to Planning Board Meeting of March 15, 2016 at 7:00 p.m. Associated Information: Budget Approval: Legal Approval: Dept. Head I City Manager Finance Director I z7Z41 - " -Ci(ylolicitor Introduced for — Passage ,1, First Reading Page I of 1 _2L_ Referral to Planning Board Meeting of March 15, 2016, 7:00 P.M. 16-104 MARCH 14, 2016 Assigned to Councilor Graham CITY OF BANGOR (TITLE.)Ordinance,r Amending Land Development Code — Zone Change — 262 Garland Street (Tax Maps 053-218) from a Urban Residence One District to Urban Residence Two District. 8e it ordaihed by ffie City Cowdl of ffieatyof 8angor, as foliaws• THAT the zoning boundary lines as established by the Zoning Map of the City of Bangor dated October 28, 1991, as amended, be hereby further amended as follows; By changing a parcel of land located at 262 Garland Street (Tax Map No. 53, Parcel No. 218) from an Urban Residence One District to an Urban Residence Two District. Said parcel of land containing approximately 14,94 sq. ft. and being more particularly indicated on the map attached hereto and made a part hereof. IN CITY COUNCIL MARCH 14, 2016 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF MARCH 15, 2016 4 �, q CITY CLERK IN CITY COUNCIL APRIL 25, 2016 MOTION MADE AND SECONDED FOR PASSAGE VOTE:7-2 COUNCILORS VOTING YES: BALDACCI, DURGIN, NEALLEY, NICHOLS, PERRY, PLOURDE, FAIRCLOTH COUNCILORS VOTING NO: GRAHAM, SPRAGUE PASSED CITY CLERK MEMORANDUM DATE: April 20, 2016 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 262 Garland Street — Urban Residence One District (URD -1) to Urban Residence Two District (URD -2) — Council Ordinance 16-104 Please be advised that the Planning Board at its meeting on April 19, 2016, held a Public Hearing on the above zone change request. Vice -Chairman Boothby opened the Public Hearing and asked the applicant or their representative to make a brief presentation of their application. Mr. Freeman Grant, a representative of the Gordon A. Connor Trust indicated the buyer (MWC Properties, LLC) who had filed the application for rezoning did not want to continue further, due to delays in the process. Mr. Grant noted the property had been in the family almost since it was built. The property had multiple structures on it and had a few rental units in each building. When Mr. Gordon Connor passed away the property was put in a trust such that his son William Conner could reside there. It was William Connor's desire not to provide rental units, so as the Zoning rules changed the units ceased to be grandfathered in a single family district. Mr. Grant noted several buyers were interested in the property if they could rent units, but were not interested as a single family home. Mr. Grant noted that the trust does not have the resources or interest to remodel the building itself, which is needed to make it a more viable property today. Mrs. Margret Gardner of 180 Fruit Street indicated she was opposed to changing the zoning of the property and was concerned that the applicant was not present to address the Board. She noted this was her third trip to City Hall in what has been a very confusing process. She indicated increasing traffic congestion on Fruit Street and on - street parking. She was very concerned as to what is happening in Bangor's neighborhoods. Turning houses into multi -family apartments is adding to the burden on police and other City resources. Planning Officer Gould advised the Board that the applicant, MWC Properties filed an application for rezoning. At the first scheduled public hearing there was no quorum of the Board. The Board continued the hearing and the next time the applicant was not able to attend. The applicant decided not to withdraw their application, but allowed the owners to discuss rezoning with the Board. 0J Mr. Gould found Mr. Grant's history of the project to be correct. At the time the building was built there were similar buildings with multiple rental units, such as on Otis Street. While the City Zoning Laws stopped allowing new multi -unit properties in the 1970's many of the older ones still exist as nonconformities. The last time the City's Land Use Policy documents indicated uses other than single family uses was the 1979 Land Use Map which reflected the commercial uses associated with this property. The property is just over 12,000 SF which would allow 4 units. Member Williams asked if the change in the nonconformities language would apply to this situation. Mr. Gould noted that while the Council did amend the Land Development Code to allow for seven years before a grandfathered use expires the units in this structure were abandoned much earlier. Member Williams made a motion to recommend the Council adopt C.O. #16-104. Member McCarthy seconded the Motion. The Board voted two in favor and four opposed, resulting in a recommendation to not approve amending the Zoning Ordinance for 262 Garland Street from Urban Residence One District (URD -1) to Urban Residence Two District (URD -2) — Council Ordinance #16-104.