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HomeMy WebLinkAbout2009-03-23 09-117 ORDINANCECOUNCIL ACTION Item No. 09 117 Date: March 23, 2009 Item/Subject: Ordinance, Amending Land Development Code — Contract Zone Change — 288 Union Street from Government and Institutional Service District to Contract Multi -Family and Service District. Responsible Department: Planning Division Commentary: The applicant, Community Housing of Maine, is requesting a contract zone change for a portion of a parcel of land containing approximately 34,500 sq. ft. and located at the former Bangor Theological Seminary Site at 288 Union Street. The applicant is proposing a change from Government and Institutional Service District to Contract Multi -family and Service District. /s/ James D. Ring Department Head Manager's Comments: 8 -►'l Q -__� — () t�t� ,0& a)44W ya4r-40 , Associated Information: Ir44ra �w� P_b-� 0 Budget Approval: Legal Approval: Introduced for Passage X First Reading X Referral to Planning Board Meeting of 4-7, 01 c 7 P - 01 Finance Director w Page __L of I 99 117 %e saH boli+ Assigned to Councilor Blanchette March 23, 2009 CITY OF BANGOR (TITLE.) Ordinance,Amending Land Development Code — Contract Zone Change — 288 Union Street Government and Institutional Service District to Contract Multi -Family and Service District. Be It ordained by the City of Bangor, as follows: 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 part of a parcel of land located at 288 Union Street (Tax Map No. 33, Part of Parcel No. 14) from Government and Institutional Service District to Contract Multi -Family and Service District. Said part of a parcel containing approximately 34,500 sq. ft. and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER, THAT in addition to the mandatory conditions Imposed by Chapter 165-7 of the Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. The property shall be subject to the following limitations: A. The number of residential units shall be 30 or less. B. The occupancy of the multifamily structure shall be limited to occupants that have attained fifty- five (55) years of age or who are disabled, in accordance with the provisions of the federal Fair Housing Act, and the regulations promulgated thereunder. In the case of multiple occupancy of a unit, only one (1) occupant is required to meet the age or disability requirement. C. The owner of the proposed residential development shall enter into agreements with the owners or assigns of Seminary Redevelopment LLC to establish parking and internal circulation for vehicular access to the property. D. The minimum useable open space shall be 400 square feet plus 300 square feet per bedroom in excess of 1. E. No new curb cut openings on Union Street shall be established. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all the terms and conditions set forth above and the recording of said executed agreement in the Penobscot County Registry of Deeds by the property owner, a copy of said agreement being on file in the office of the City Clerk and incorporated herein by reference. In the event that said agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. IN CITY COUNCIL First Reading and Referred to the ,Planning Board �efTY CLERK IN CITY COUNCIL (April 13, 2009 Motion Made and Seconded for Passage Vote: 7-0 (Councilors Voting Yes: Blanchard, (Bronson, D'Errico, Gratwick, IPlamer, Stone and Wheeler Councilor Voting No: None (Councilors Absent: Hawes andN alley Pass `" CITY CLERK # 09-117 ORDINANCE (TrME,)Amending Land Development Code - Contract Zone Change - 288 Union Street Government and inS itntinnal S rvir District to Contract Multi -Family and Sprvi rP Di ctrl rt Assigned to Councilor 0q- ia.o NaMod ta: hsiebq -art `that the j3a City, Cqund l' hold a publiq itaarmg at 7:30 p,m., ril 27, 2009, at City Hall, 73 Harlow Street, Bangor, Maine on the proposed issuance of the City s bonds in the amount of $2,$37,000 to finance the following improvements::. • Proposed Non PantSourcestorm r 1� ih the Birch and Penjejawoc stream wataimhods- • Street sweeper • In -stream monitoring equipment All persons who desire to be heard on the proposed borrowing are invited to attend the public hearing The City Council will consider action authorizing the bonds immediately following the public hearing. Copies of the proorder will be on file and may be reviewed at the of the City Clerk prior to said public hearing, 117, 2009 Patti Dubois � City Clerk N T I w ON �� o RD 2/ e I A IN G 0 R T H L Q G I C A L �, G&ISD NAMMOND -ST GillfftD 40 P, 5FMIP4. G&IS TO T � '� . �„ o I .. Jam` uR SDS, . CT A 117 7/1/08 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE January 11, 2009 THE PLANNING BOARD OF BANGOR, MAINE:• NO. 1. I(WE) Community Housing of Maine 2. of 309 Cumberland Avenue, Suite 203, Portland, ME 04101 (207) 882-8349 Address City or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from the Gvm't & Inst. Svice. district to the Multifamily & Svice. Dist -district for the property outlined in red on the maps attached hereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 288 Union Street Total Area (acres or square feet) 34,500 SF 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards East of Pine Street Bangor Theological (west side Union) 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. 33 Parcel Part of 14 6. EXISTING USE: Former Dormitory - Maine Hall of Bangor Theological Seminary 7. PROPOSED USE: Multifamily Housing 8. NAME AND ADDRESS OF OWNER OF RECORD: Name Seminary Redevelopment, LLC Address 458 Main Street, Bangor, ME 04401 9. NAME AND ADDRESS OF CONTRACT OWNER (if such); Communi(�ty Housing of Maine 10. SIGNATURE OF OWNER OR CONTRACT OWNER:46 cls 11. REPRESENTATIVE OF APPLICANT: Name Gartley & Dorsky Engineering & Surveying (if applicable) Address PO Box 1031, Camden, ME 04843 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM & DUPLICATE TO PLANNING DIVISION CITY HALL BANGOR ME Application fee Processing Advertising Total Zone Change (1/2 acre or less) $508.00 $351.00* $ 859.00 Zone Change (in excess of 1/2 acre) $813.00 $351.00* $1,164.00 Contract Zone Change $1,217.00 $437.00* $1,654.00 *Two Ads Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE RECEIVED FEB 182009 MEMORANDUM DATE: April 8, 2009 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Portion of 288 Union Street Council Ordinance 09-117 Please be advised that the Planning Board at its meeting on April 7, 2009, held a Public Hearing on the above contract zone change request. Mr. Bill Lane, of Gartley & Dorsky Engineering and Surveying, as well as, Randy Poulton with Nickerson & O'Day and Erin Cooperrider, Development Director with Community Housing of Maine were present in support of this Contract Zone Change application. Mr. Lane noted that the applicant is proposing to utilize the Maine Hall dormitory building (formerly a part of the Bangor Theological Seminary property) for as many as 30 units of residential housing. Mr. Lane discussed the proposed contract conditions noting that the applicant proposes to construct 30 units or less, impose an age standard of 55 years or older, and obtain an agreement with Seminary Redevelopment LLC (or its successors) for shared circulation, vehicle access and parking. Mr. Rosenblatt asked if the applicant had looked into whether this historic building could be rehabilitated into housing and meet handicapped or ADA Standards. Ms. Erin Cooperrider indicated that the building has already been looked at by an architect and a historic specialist and they feel that the building can house a maximum of 30 units and meet fire codes and handicap accessible requirements. Mr. Damon asked what type of units that they are proposing. Ms. Cooperrider indicated that at present they are proposing studio and one bedroom apartments. Mr. Paul Cook, of Seminary Redevelopment LLC, told the Board that he could not imagine a reuse of this building that would have less impact. He said that he felt that this investment is going to be one that all can be proud of. No one spoke in opposition. Chairman Brown closed the Public Hearing and asked for Staff comments. Planning Officer David Gould explained that this is an application for a Contract Zone Change from Government and Institutional Service District to Multi -family and Service District with conditions. Because this is the former Seminary site it is envisioned for government and institutional uses in the City's Comprehensive Plan and Land Use Policies. If you replace the Institutional Use there the area is a continuation from the downtown densities to single family densities on Pond Street. Mr. Gould noted that previously, several of the other former Seminary %A parcels have been rezoned to Urban Residence 2 District. While staff may have liked to have seen a lower density for this application, and a higher age standard to define elderly housing, the reuse of this historic structure for a targeted housing population certainly fills a need in the City. Mr. Gould indicated that the Staff recommended that the Board recommend approval to the City Council. Board Members discussed the proposed contract conditions, parking needs associated with this type of use, and proposed use of the site if this project does not move forward. Mr. Gould noted the Board needs to rely on the conditions of the contract and not the present applicant before them. Mr. Barnes moved that the Board recommend to the City Council that the zone change request contained in C.O. # 09-117 from Government and Institutional Service District to Contract Multi -family and Service District for a portion of 288 Union Street for Community Housing of Maine be approved. Mr. Theeman seconded the motion which carried by a voted of 7 to 0.