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
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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.