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HomeMy WebLinkAbout2012-03-26 12-127 ORDINANCECOUNCIL ACTION Item No. 12 127 Date: March 26, 2012 Item/Subject: Ordinance, Amending Land Development Code — Contract Zone Change — 63 Sixth Street from Urban Residence 1 District and 76 Pier Street from Urban Residence 2 District to Contract Urban Residence 2 District. Responsible Department: Planning Division Commentary: The City of Bangor and Community Housing of Maine are requesting a contract zone change for a .48 acre parcel of land located at 63 Sixth Street from Urban Residence 1 District and a .32 acre parcel of land located at 76 Pier Street from Urban Residence 2 District to a Contract Urban Residence 2 District. It is the intent to demolish the old ice cream factory on Pier Street and reconstruct the existing structure on Sixth Street into a four unit building. The contract provisions will limit the redevelopment of the entire .8 acre property to one four unit building maximum. Previously the City had rezoned the Pier Street property to allow reconstruction as a four unit building. Now the City and Community Housing of Maine (CHOM) are requesting to build the four units in the existing structure at 63 Sixth Street and demolish the old ice cream factory. /s/ Rodney G. McKay Department Head Manager's Comments: cad) ()-A' City Manager Associated 17formation: Budget Approval: Legal Approval: Finance Director M EW � ==�M 04 • • Introduced for Passage X First Reading Page 1 of 1 X Referral to Planning Board Meeting of April 3, 2012 7:00 p.m. 12 127 l Assigned to Councilor - Longo March 26, 2012 O�BAN\'9 CITY OF BANGOR (TITLE.) Ordinance, Amending Land Development Code — Contract Zone Change — 63 Sbdh Street from Urban Residence 1 District and 76 Pier Street from Urban Residence 2 District to Contract Urban Residence 2 District. Be it ordained by the Oty 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 a parcel of land located at 63 Sixth Street (Tax Map No. 23, Parcel No. 122) from Urban Residence 1 District and a parcel of land located at 76 Pier Street (Tax Map No. 23, Parcel No. 121) from Urban Residence 2 District to Contract Urban Residence 2 District. Said parcels of land containing approximately .80 acres 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. One principal building limited to 4 dwelling units. B. Parking shall be accessed from Pier Street. C. Overall density limited to not exceed 5 units per acre. 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 March 26, 2012 First Reading and Referral to Planning Board Meeting of April 3, 2012 at 7:00 p.m. LOS IN CITY COUNCIL April 9, 2012 Several Residents spoke in opposition to the passage of this Ordinance Amendment Vote: 0-8 Councilors Voting Yes: None Councilors Voting No: Baldacci, Blanchette, Durgin, Gratwick, Longo, Hawes, Sprague, Weston Councilor Absent: Gallant Notion failed C Z7 CITY CLERK # 12-127 ORDINANCE CWLE,) Amending Land Development Code - Contract Zone Change - 63 Sixth Street from Urban Residence 2 District to Contract Urban Residence 2 District Assigned to Councilor w HAMMOND ST E E IAr A 12 l2'7 12 127 Application for Land Development Code & Map Amendment TO: THE CITY COUNCIL AND BANGOR PLANNING BOARD I. We City of Bangor Community Housing of Maine, Inc. 2. 73 Harlow St. 309 Cumberland Ave. Ste 203 Bangor, ME 04401 Portland, ME 04101 (207) 992-4241 (207) 879-0347 hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from URD -1 & URD -2 district to the URD -2 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: Total Area (acres or sf) 4. Property Location: 63 Sixth Street, Bangor +/-.48 acres S. Legal Description of Property: Map 23 Parcel 122 6. Existing Use: 7. Proposed Use: 8. Name & Address Owner Vacant Residential Rental Housing City of Bangor 73 Harlow Street Bangor, ME 04401 9. Name & Address of Contract Owner: 10. Signature of Owner: _City of Bangor & 76 Pier Street, Bangor +1-.32 acres Map 23 Parcel 121 Warehouse (owner occupied) William Meucci 250 Union Street Bangor, ME 04401 Community Housing of Maine Same as above 11. Applicant Representative: Rosie Vanadestine Brenda Sylvester Community Development Development Officer 12. Attach any conditions proposed for a contract zone request. 12 12'7 URD 2 — Proposed Contract Conditions For 63 Sixth Street • 1 principal building limited to 4 dwelling units • Parking shall be accessed from Pier Street • Overall density limited to not exceed S units per acre MEMORANDUM DATE: April 4, 2012 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Contract Zone Change 63 Sixth Street and 76 Pier Street Council Ordinance 12-127 Please be advised that the Planning Board at its meeting on April 3, 2012, held a Public Hearing on the above contract zone change request. Mr. Rodney G. McKay, Director of Economic and Community Development, indicated that the City had acquired the property under the Neighborhood Stabilization Program (NSP). The City previously requested a zone change from URD -1 to URD -2 in order to create four units in the building but that zone change request was not recommended by the Planning Board and did not receive City Council approval. Community Housing of Maine (CHOM) has expressed an interest in converting the property at 63 Sixth Street into four units, and by combining this with their Pier Street property and demolishing the old ice cream factory one four -unit building could be created with a lower overall density. Mr. McKay explained that at present, four units are allowed at the 76 Pier Street property. The proposed contract zone change request would allow for a total of 4 units on the two combined lots thus a reduction in density in the area. Ms. Brenda Sylvester, with Community Housing of Maine (CHOM), explained that they are proposing to demolish the old ice cream plant and renovate 63 Sixth Street into four, one -bedroom apartments. They propose parking on the Pier Street side and additional green space. Mr. Gary Saunders, who resides at 12 William Street, which abuts 63 Sixth Street, told the Board that he did not feel that these kinds of units fit into this neighborhood. He said he felt that the City should do more code enforcement where buildings in URD -1 areas are converted into apartments. He has three girls and he is nervous about letting them walk to school as this is not good for the neighborhood. Mr. Aaron Barnes, who resides at 26 William Street, which abuts the Sixth Street property, spoke in opposition. He expressed his concern that if this were approved apartment buildings would creep up the street. He noted an apartment building on the corner of William and Seventh Streets that he felt should not be there. He said that he has had issues with noise and actions of tenants and he wished to prevent this from going up the street. He expressed his concern about the type of tenants that would reside there, and indicated that if this zone change passes he will sell their house. Mr. Larry Pare, 56 Sixth Street, indicated that he has lived at this residence for 42 years and raised four children there. Now many of the residents on Sixth Street are transients. With the school building on the corner, the addition of more units will add more traffic. He is definitely opposed to this and does not want to add any more problems in this area. Mr. Pare asked if the property has been sold to CHOM and what was it sold for, and if it had been offered to the public. Mr. Steven Sinclair, a resident of 4 William Street, also spoke in opposition. He asked if the footprint of the building at 63 Sixth Street would be expanded, what the number of parking spaces would be for vehicles, if this was a Maine State Housing Authority project, if it would be taken off the tax rolls, if the property went out for public sale, and if this would be housing for those in drug rehab. He said that when the request for a zone change came up before, the proposed tenants were those in transition, there was an income requirement for them to live there, and no one would be on site to look out for the property. He said that owners who do not owner -occupy do not take good care of their property. Ms. Marie Lopez, 56 Sixth Street, explained that she purchased this property from her father. She takes care of her elderly mother. There is also a neighboring elderly woman and they are both alone during the day. If this housing is proposed for transient, indigent men she has a problem with this because of her mother and neighbor. She told the Board that if this request passes, she has a six bedroom house and that she intends to ask that her house be rezoned for apartments. Mr. Josh Young, 52 Sixth Street, indicated that he purchased his property because of the neighborhood. He felt that if more apartments are allowed it will ruin the neighborhood and he, too, will be looking to move. Mr. Darian Higgins, 45 Sixth Street, indicated that he lives two parcels away. He said that he felt that this is a reactionary process and it did not seem to him that any comprehensive planning for this area has been done. He was also concerned about the lack of details for this parcel. He felt that there were many other locations in the City that were a better fit for this type of use. He indicated that he is surrounded by single- family homes and he is opposed to this contract zone change request. Planning Officer David Gould noted that this is an application for a Contract Zone Change for 63 Sixth Street from Urban Residence One District and 76 Pier Street from Urban Residence 2 District to Contract Urban Residence 2 District. Mr. Gould discussed the proposed contract zone change conditions which would: 1) allow for only one building on the two lots; would limit access to the site from only Pier Street; and would limit the density on the entire site to four units. Planning Officer Gould outlined the standards within the URD -2 District noting that up to 14 units per acre could be allowed. The contract zone change conditions would significantly decrease the number of units. In response to questions, Mr. Gould indicated that CHOM has an interest in the 76 Pier Street property and the City of Bangor owns the 63 Sixth Street property. The existing zoning would allow up to four units at the 76 Pier Street property (URD -2) and 63 Sixth Street is zoned URD -1 and would allow one unit. Mr. Gould indicated that the Planning Office was in favor of rezoning the former ice cream plant as it was seen as an opportunity to remove the vacant building from the neighborhood. The contract rezoning essentially would allow the four -unit building for Pier Street to be relocated into the adjacent structure at Sixth Street, no more. Ms. Sylvester indicated that CHOM has done projects on Ohio Street, Charles Street, and Maine Hall at the former Bangor Seminary. They serve homeless veterans, victims of domestic violence and those who have lost their jobs. CHOM does a good job in taking care of their properties as evidenced by the projects that they have done. Mr. Damon noted that the City should be sensitive to the concerns of the neighbors and should not be rezoning properties from single-family to multi -family. Mr. Sturgeon indicated that he felt that the contract zone change conditions would reduce the density of area. By eliminating the driveway at 63 Sixth Street and moving traffic to Pier Street it would reduce traffic. He also noted that zoning runs with the land and not the owner. Other Board Members had concerns regarding adding additional multi -unit buildings into the single family neighborhood and the potential adverse impact on the area. Planning Board voted two in favor and four opposed to recommend that the City Council adopt the proposed rezoning at 63 Sixth Street from URD -1 to URD -2 contract as contained in C.O. 12-127.