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HomeMy WebLinkAbout2014-08-25 14-273 ORDINANCECOUNCIL ACTION Item No. 14-273 Date: August 25, 2014 Item/Subject ORDINANCE, Amending Land Development Code - Contract Zone Change — 100, 101, 106, 107, 108 and 111 First Street (Tax Map 035-148 and Tax Map 035- 171) from an Urban Residence 2 District to a Contract Multi -Family and Service District. Responsible Department: Planning Division Commentary: The applicant, Bangor Housing Development Corporation, is requesting a Contract Zone Change to rezone two parcels of land located at 100, 101, 106, 107, 108 and 111 First Street from Urban Residence 2 District to a Contract Multi -Family and Service District. These are essentially two parcels on First Street. Each property had multiple buildings with multiple units in each building. Bangor Housing Development Corporation acquired the properties and razed all the buildings. As a redevelopment proposal, the Applicant is seeking to build one building with multiple dwelling units. The density will increase significantly above Urban Residence District -2 (URD2). The contract conditions are intended to provide architectural design standards, parking and landscaping limitations such that the neve proposed building will fit into the existing neighborhood on First Street and around Second Street Park. Dept. Head Manager's Comments: For Referral to Planning Board Meeting of September 2, 2014 at 7:00 p.m. City Manager Associated Information - Budget Approval: Legal Approval: Introduced for Passage X First Reading Finance Director Page 1 of 1 X Referral to Planning Board Meeting of September 2, 2014, 7:00 pm. 14-273 AUGUST 25, 2014 Assigned to Councilor Durgin --MOOS GITY OF BANGOR O A -_ �RrED.fE/ _ (TITLE.) Ord 1 n a n C e r Amending Land Development Code — Contract Zone Change — 100, 101, 106, 107, 108 and 111 First Street (Tax Map 035-148 and Tax Map 035-171) from an Urban Residence 2 District to a Contract Multi -Family and Service District. Be it ordained by the Clty Counts/ of the City of Bangor, as fo/%ws: 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 two parcels of land located at 100, 101, 106, 107, 108 and 111 First Street (Tax Map No. 35, Parcel Nos. 148 and 171) from an Urban Residence 2 District to a Contract Multi -Family and Service District. Said parcels of land containing approximately 49,000 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 use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. The lot area of the Property shall be at least 35,000 square feet. B. 40% of the Property will be dedicated to open space. C. The maximum number of residential dwelling units to be placed on Tax Map 35, Lot 148 shall be limited to 25 units. D. There shall be no dwelling units placed on Tax Map 35, Lot 171. E. The proposed project will provide for pedestrian sidewalk connections to the public park and adjacent facilities. F. The proposed building on the Property will utilize one or more of the following design techniques to address the building mass and bulk: 1) Organization of the building facade to mimic the design features and scale of detached residences by: a) Development of multiple building entrances; b) Porches and other covered entrance elements; IN CITY COUNCIL AUGUST 25, 2014 first reading and referral to planning board meeting of September 2, 2014 City Clerk 14-273 AUGUST 25, 2014 FT -171 Wiv 01'11s;'Ttl x"'o-OW"i c Ml -iv �1;�l ", C., 14-273 AUGUST 25, 2014 C) Arrangement of entrances and fenestration around multiple centers across the building elevation that are coordinated with the breakdown of the building massing: d) Gable -end fapde elements that are suggestive of the vernacular concept of "house"; 2) Varied roof lines with generally sloping or pitched roofs to suggest a series of closely placed but separate buildings. 3) Use of landscaping elements (specifically, four street trees) to support the subdivision of the building fagade into smaller, residential scaled sections. 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. 14-273 AUGUST 25, 2014 7/1/2012 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COI INCIL AND DATE: August 12, 2014 THE PLANTNINU'BOARD OF BANGOR, MAINE: I(WE) Bangc.1 -Housing Development Corporation 2 of 161 Davis Road Bangor Maine 04401 207-942-6365 Address City or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from URD -2 district to theM&SD-CONTRACT 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) 100, 101, 106 107, 108 and. 111 First Street Total Area (acres or square feet) 49,000 SF 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. 35Parcel 148 and 171 EXISTING USE: Fortner Apartment Buildings PROPOSED USE: Multi -unit U;orkforce housing 8. NAME AND ADDRESS OF OWNER OF RECORD: Name Bangor Housing Development Corporation Address 161. Davis Road, Ban Maine 04401 9. ]NAME AND ADDRESS OF CONTRACT O�,�TTER (if such): SAME 10. SIGNATURE OF OWNER OR CONTRACT ORNTE �P 11. REPRESENTATIVE OF APPLICANT: Name P. Andrew Hz lton (if applicable) Address Eaton Peabody PO Box 1210 Bangor Maine 0442 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM & DUPLICATE TO PLANTNING DIVISION, CITY HALL, BANGOR, ME. Application fee Processin Advertising_ Total Zone Change (1/2 acre or less) $575.00 $410.00* S 985.00 Zone Change (in excess of 1/2 acre) $920.00 $4I0.00* $1,330.00 Contract Zone Change - 5 conditions or less $1,377.00 $509.00" $1,886.00 More than 5 conditions or 50 words $1,900.00 $509.00** $To be determined *Two Ads Required ** Advertising costs above this amount to be paid for by applicant. PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE 14-273 AUGUST 25, 2014 Conditions for Contract Zone Change from URD -2 to MR.SD (Contract) 1. The lot area of the Property shall be at least 35,000 square feet. 2. 40% of the Property will be dedicated to open space. 3. The maximum number of residential dwelling units to be placed on Tax Map 35, Lot 148 shall be limited to 25 units. 4. There shalt be no d`velling units placed on Tax Map 35, Lot 171. 5. The proposed project will provide for pedestrian sidewalk connections to the public park and adjacent facilities. 6. The proposed building on the Property will utilize one or morethefollowing design techniques to address the building inass and bulk: ' i. Organization of the building fagade to nnimic the design features and scale of detached residences by: 1. Development of multiple building entrances; 2. Porches and other covered entrance elements; 3. Arrangement of entrances and fenestration around multiple centers across the building elevation that are coordinated with the breakdow' D of the building massing; 4. Gable -end facade elements that are suggestive of the vernacular concept of "house"; ii. Varied roof lines with generally sloping or pitched roofs to suggest a series of closely placed but separate buildings. iii. Use of landscaping elements (specifically, four street trees) to support the subdivision of the building facade into smaller, residential scaled sections. (EP - 01673087 . v1 ) 14-273 AUGUST 25, 2014 MEMORANDUM DATE: September 3, 2014 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 100, 101, 106, 107, 108 and 111 First Street — (Tax Map 035-148 and Tax Map 035-171) from an Urban Residence 2 District to a Contract Multi -Family and Service District. C.O. # 14-273. Please be advised that the Planning Board at its meeting on September 2, 2014, held a Public Hearing on the above zone change request. The Board voted that Member Kenney be excused from voting and discussion due to a conflict of interest as the firm he works for is representing the applicant. Member Boothby, while not considered to have a conflict by the Board Members, indicated that he wished to not participate as he is a Board Member of the Bangor Housing Authority. Alternate Member McCarthy was asked to vote. Chairman Sturgeon opened the Public Hearing and asked the applicant or their representative to provide a brief overview of their request. Mr. Mike Myatt, Executive Director of the Bangor Housing Authority, explained that the applicant, Bangor Housing Development Corporation, is a corporation under the direction of the Bangor Housing Authority. He indicated that the applicant sought out and acquired these parcels in June of 2013 and demolished the six existing buildings on the lots in the fall of 2013. They are now proposing to construct 2 and 3 bedroom units designed for working families. Attorney Andrew Hamilton, representing the applicant, discussed the proposed contract zone change conditions indicating that the conditions while not appropriate for every lot were designed specifically for these two lots. The applicant is proposing to construct housing on the larger of the two lots which is located on the corner of First Street and Davis Court (limited to 25 units). He noted that the applicant is proposing that the smaller lot be utilized for parking or some accessory structure. Other conditions proposed provide for design standards that would make the new construction consistent with the existing architectural style along First Street. Attorney Hamilton also discussed with the Board various excerpts from the City's 2012 Comprehensive Plan indicated that the proposed contract zone change request was consistent with the Comprehensive Plan. 14-273 AUGUST 25, 2014 Mr. Paul Brody, Landscape Architect with WBRC Architects -Engineers, discussed proposed drawing schematics of building type, landscaping and parking designs. Mr. Brody indicated that the smaller lot would be utilized for parking and possibly an accessory building. Ms. McCarthy asked how many spaces would be provided per unit. Mr. Brody indicated that they were proposing one space per unit. Ms. McCarthy didn't feel that one space per unit would be adequate especially for working families. Mr. Brody noted that additional parking could be available within 500 feet of the site for off- site parking. Mr. Brody noted that given the urban location while some units may have multiple cars some may not have any. Mr. Mallar asked what the parking requirements were for this district. Mr. Gould indicated that parking requirements for each district are based upon the use and not the district. Also present in support of the request were Paul Chaiken and Dan Belyea, Board Members of the Bangor Housing Authority. Chairman Sturgeon asked if there were opponents of the rezoning proposal. Mr. Steven Hicks, a Sanford Street resident, spoke in opposition to the requested change. He noted the lack of single family homes in this neighborhood. He said that he felt that the introduction of rental units would hurt ownership rates in the neighborhood, it did not offer enough parking, and he didn't see the value of adding rental units. Chairman Sturgeon asked if there were any proponents. Mr. Dennis Marble, Director of the Bangor Homeless Shelter, noted that he was a Member of the Comprehensive Plan Committee. At that time, it was the consensus of the Committee that the direction was to advocate for high density housing in the urban core and to discourage sprawl. He indicated that he felt that this project would be good for this area and an improvement to the neighborhood, as well, as the community. Planning Officer Gould indicated that this is a request for a contract zone change from Urban Residence 2 District to Contract Multi -Family and Service District. The Land Use Map calls for High Density Residential use and Zoning Policy Map calls for Urban Residence 2 District use. He noted that it was for the Board to determine if the proposed contract zone change is consistent with the Comprehensive Plan, consistent with existing uses, and the adjacent zoning. The Board discussed the proposed contract conditions and the Land Use and Zoning Policy of the Comprehensive Plan. Mr. Bolin moved to recommend approval to the City Council of the contract zone change request from Urban Residence Two District to Contract Multi -Family and Service District as contained in 14-273. Mr. Miller seconded the motion. Ms. McCarthy indicated that she felt that this development would be overpopulating a small area, it was not in 14-273 AUGUST 25, 2014 character with the neighborhood. She also noted that the crime rate was already too high in this neighborhood. The Board voted five in favor and one opposed to the motion to recommend approval to the City Council. AS AMENDED 1.4-273 AUGUST 25, 2014 r Assigned to Councilor Durgin CI`ITY OF BANGOR o� R4TED.f� (TITLE.) Ord 1 n a n C e l, Amending Land Development Code — Contract Zone Change --- 100, 101, 106, 107, 108 and 111 First Street (Tax Map 035-148 and Tax Map 035-171) from an Urban Residence 2 District to a Contract Multi -Family and Service District. Be it ordained by #te City C'ounal of the City of Bangor, as follow* 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 two parcels of land located at 100, 101, 106, 107, 108 and 111 First Street (Tax Map No. 35, Parcel Nos. 148 and 171) from an Urban Residence 2 District to a Contract Multi -Family and Service District. Said parcels of land containing approximately 49,000 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 use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. The lot area of the Property shall be at least 35,000 square feet. B. 40% of the Property will be dedicated to open space. C. The maximum number of residential dwelling units to be placed on Tax Map 35, Lot 148 shall be limited to 25 units. D. There shall be no dwelling units placed on Tax Map 35, Lot 171. E. The proposed project will provide for pedestrian sidewalk connections to the public park and adjacent facilities. F. The proposed building on the Property will utilize the following design techniques to address the building mass and bulk: 1) Organization of the building facade to mimic the design features and scale of detached residences by: a) Development of multiple building entrances; b) Porches and other covered entrance elements; IN CITY COUNCIL SEPTEMBER 8, 2014 MOTION MADE AND SECONDED FOR PASHAGE A MOTION WAS MADE AND SECONDED TO AMEND THE ORDINANCE BY STRIKING THE WORDS "ONE OR MORE OF" UNDER SECTION 1 (F) AMENDMENT PASSED MOTION MADE AND SECONDED FOR PASSAGE AS AMENDED MOTION MADE AND SECONDED TO MOVE THE QUESTION VOTE: 5-4 COUNCILORS VOTING YES: BALDACCI, BLANCHETTE, DURGIN, NEALLEY, PLOURDE COUNCILORS VOTING NO: CIVIELLO, GALLANT, GRAHAM, SPRAGUE MOTION FAILED - MUST HAVE 6 AFFIRMATIVE VOTES DISCUSSION CONTINUED VOTE: 7-2 COUNCILORS VOTING YES: BALDACCI, BLANCHETTE, DURGIN, GRAHAM, NEALLEY, PLOURDE, SPRAGUE COUNCILORS VOTING NO: CIVIELLO, GALLANT PASSED AS AMENDED �� AJ 3�d �"80�cen-tom CITY CLERK AS AMENDED 14-273 AUGUST 2S, 201.4 C) Arrangement of entrances and fenestration around multiple centers across the building elevation that are coordinated with the breakdown of the building massing: d) Gable -end facade elements that are suggestive of the vernacular concept of "house".• 2) varied roof lines with generally sloping or pitched roofs to suggest a series of closely placed but separate buildings. 3) Use of landscaping elements (specifically, four street trees) to support the subdivision of the building facade into smaller, residential scaled sections. 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.