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
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(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.