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HomeMy WebLinkAbout2014-10-15 14-317 ORDINANCECOUNCIL ACTION Item No. 14-317 Date: October 15, 2014 Item/Subject: ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Allowing Existing Nonconforming Mobile Home Parks to be Reconstructed Responsible Department: Legal Commentary: This ordinance amendment would allow mobile home parks in the Rural Residence and Agricultural District that met certain standards to be reconstructed. At one time, mobile home parks were required to locate in what is now the City's Rural Residence and Agricultural District (RR&A). The Code no longer allows mobile home parks in RR&A, but a number of nonconforming mobile home parks still exist. Several of these mobile home parks are now falling into disrepair, in part because their lots are not sized for modern mobile homes. This ordinance would allow for mobile home parks that met certain size and utility requirements to be reconstructed in accordance with City Code. This would allow owners of these parks to replace deteriorating mobile homes with modern units, without increasing the number of units or lot coverage. Department Head Manager's Comments: C&k rVA. (&&,__ City Manager Associated Information: Ordinance Budget Approval: Finance Director Legal Approval: 6tisolicitor Introduced for Passage x First Reading x Referral to the Business and Economic Development Committee on October 21, 2014 14-317 OCTOBER Is, 2014 l Assigned to Councilor Baldacci CITY OF BANGOR ED. / ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Allowing Existing Nonconforming Mobile Home Parks to be Reconstructed WHEREAS, Bangor has several long-standing mobile home parks that are nonconforming in there present zoning district; WHEREAS, many of the mobile homes in some of these parks are in poor condition, in part because the present lot sizes are too small for them. to be replaced with modern mobile homes; and WHEREAS, allowing reconstruction of these mobile home parks, within certain limits, will improve the quality of a portion of the City's housing stock and reduce Code and other issues: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor be amended as follows: § 165-105. Rural Residence and Agricultural District (RR & A). D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: W Reconstruction of mobile home parks established prior to 1971, provided that: i`a They have water service from the Bangor Water District, sewer service from the City of Bangor and a minimum of 25 mobile home spaces. The reconstruction is done consistent with the requirements of 165-121(Q. § 165-122. Special provisions. Notwithstanding other provisions of this chapter relating to space, bulk and use, the Planning Board, in reviewing plans for prepesed new or expanded mobile home parks, may modify said provisions to facilitate innovative approaches to environmental design, provided that all of the following standards are maintained: Additions are underlined, deletions stmEk thmuo. IN CITY COUNCIL OCTOBER 15, 2014 FIRST READING AND REFERRAL TO BUSINESS AND ECONOMIC DEVELOPMENT COMMITTEE MEETING OF OCTOBER 21, 2014 CITY CLERK IN CITY COUNCIL OCTOBER 27, 2014 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUNCILORS VOTING YES: BALDACCI, CIVIELLO,DURGIN,GALLANT, GRAHAM, NEALLEY,PLOURDE, SPRAGUE COUNCILORS VOTING NO: NONE PASSED � �traD'lc✓ CITY CLERK L14-317-.= OCTOBER 27, 2014 MEMORANDUM DATE: October 22, 2014 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending the Land Development Code Chapter 16S -10S Adding Reconstruction of existing mobile home parks in the Rural Residence and Agricultural District- City of Bangor applicant 14-317. Please be advised that the Planning Board at its meeting on October 21, 2014, held a Public Hearing on the above change to the Land Development Code. Vice Chairman Paul Bolin opened the Public Hearing. Assistant City Solicitor Paul Nicklas indicated that some existing grandfathered mobile home parks have requested a permitting process whereby they could update the existing older mobile home sites to accommodate modern larger homes. The language proposed would add the reconstruction of older mobile home parks as a conditional use in the Land Development Code. Mr. Nicklas noted the proposed language may not work for every park, but while there was some interest the amendment was being brought forward now. Vice Chairman Bolin asked if anyone wanted to speak in favor of or in opposition to the request. Mr. Al Hodsdon indicated that he was in attendance to present several viewpoints as he has worked with Rick Breton who seeks to make improvements at the Colonial Pines Mobile Home Park on Ohio Street. Mr. Breton has done some prior work in getting troubled parks back in shape. Mr. Hodsdon noted he is the engineer for the State's Manufactured Housing Board. He noted the Board sets standards for Parks to guide municipal regulations and avoid any land use regulations, or overly strict design standards which would make parks financially infeasible. Mr. Jim Pross indicated that he represented Pray's Mobile Home Park on Finson Road. While they were encouraged to see the City looking at the opportunity for changes in their park they do not envision reconstructing the park as it could displace existing residents. Assistant City Solicitor Nicklas indicated the discussion with Pray's would continue to see if a mutually agreeable solution could be found. L -14=31 - OCTOBER 27, 2014 2 Planning Officer Gould provided the Board with a brief history of how the City Zoning has provided for mobile home parks since the mid 1980's. Mr. Gould told the Board they should not confuse this language which deals with parks created prior to 1971 with newer parks constructed in compliance with City Standards through the 1980's and 1990's. While mobile home parks have been a difficult land use to accommodate in the City, our land use policy identifies them as a high density residential housing use and directs them to the same development standards as would similar uses. The proposed amendment adds language to RR&A which opens the door to these grandfathered parks to do what was done on Union Street with an older mobile home park there. While the management of the park is somewhat atypical the reconstruction has meet all the development goals the City envisioned. Ms. McCarthy was concerned that the language to allow reconstruction could possibly displace residents. There were no other proponents or opponents to the text amendment. John Kenney moved to recommend the proposed amendment to the City Council. Member Boothby seconded the motion and the Board voted unanimously to recommend passage of C.O. 14-317.