HomeMy WebLinkAbout2012-05-30 12-186 ORDINANCECOUNCIL ACTION
Item No. 12-1
Date: May 30, 2012
Item/Subject: Ordinance, Amending Chapter 165 of the Code of the City of Bangor, §165-97,
Government and Institutional Service District (G & ISD)
Responsible Department: Legal
Commentary:
This Ordinance amendment, if approved, will amend the conditional uses allowed in the
Government and Institutional Service District (G & ISD) to include a rooming house, boarding
home or congregate housing facility owned and operated by public agencies or private nonprofit
organizations as part of a complex of health education and social service facilities where the
housing component does not exceed 50 units and the total floor area in the site does not exceed
25,000 square feet in gross floor area.
This proposed amendment to the Code of the City of Bangor is in response to a request from
Penobscot Community Health Center (PCHC) as a result of their planned expansion of the Hope
House facility made possible by a state grant received by PCHC.
Manager's Comments:
Associated Information:
Budget Approval:
Department Head
0rn cu e,
City Manager
Finance Director
Legal Approval:
City Solicitor
Introduced for
Passage
x First Reading Page _ of _
x Referral to Planning Board on June 19, 2012 at 7:00 p.m.
12-186
May 30, 2012
Assigned to Councilor - BLANCHETTE
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CITY OF BANGOR
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(TITLE.) Ordinance, Amending Chapter 165 of the Code of the City of Bangor, §165-97,
Government and Institutional Service District (G & ISD)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT,
Chapter 165, §165-97, Government and Institutional Service District (G & ISD), of the Code of the City
of Bangor as follows:
§165-97. Government and Institutional Service District (G & ISD).
A. Unchanged
B. Unchanged
C. Unchanged
D. Conditional uses. Subject to Planning Board approval under the provisions of §165-9, the
following uses may be permitted in this district:
(1) Unchanged
(2) Unchanged
Rooming House, BoardingHome r Congregate Housing Facilily ownedn r by 12ublic
agencies or private nonprofit or aniz tin as part of a complex of health education and social service
facilities where the housing component does not exceed 50 units and the total floor area in the site
does not exceed 25.000 square feet in aross floor area.
E. Unchanged
Note: Additions are underlined and deletions are st-r-ue eugh.
IN CITY COUNCIL
May 30, 2012
Motion mde not to refer, no second
motion died.
Motion made and seconded for passage
Motion Doubted
Vote: 7-2
Councilors Voting Yes: Baldacci,
Blanchette, Durgin, Gratwick,
Hawes, Sprague, Weston
Councilors Voting No: Gallant,
Longo
Pa
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CITY CLERK
IN CITY COUNCIL
June 25, 2012
Motion Made and seconded to Postpone
to July 9, 2012
os oned
a,J
CITY CLERK
IN CITY COUNCIL
JULY 9, 2012
MOTION MADE AND SECONDED TO
POSTPONE TO SEPTEMBER 10, 2012
PASSED
CITY CLERK
September 10,_2012
Motion made and seconded for passage
Motion made and seconded to postpone
Motion Doubted
Vote: 3-4
Councilors Voting Yes: Baldacci, Durgin, Gratwick
Councilors Voting No: Blanchette, Gallant,
Longo, Sprague
Motion to Postpone Failed
Dr. Trip Gardner spoke on the services provided
by the Hope House.and that the expansion was to
provide for more one bedroom areas for trans-
itional housing
Motion made and seconded to end debate
Vote: 2-5
Councilors Voting Yes: Gallant, Longo
Councilors Voting No: Baldacci, Blanchette,
Durgin, Gratwick, Sprague
Motion to end debate failed
Karen Martin, social worker, spoke in support of
the amendment
Ginger Ward Green and David Green both spoke
against the ordinance change
Alan Tweedie spoke in favor of -the amendment as
someone who successfully utilized the services of
the Hope House and turned his life around
Bruce Boyd was in favor of the change and felt the
Hope House saved lives
Thomas Civiello and Steve Hicks both spoke in
aoliounoo o; paition to the ordinance change
vot : 2-5
Councilors Voting Yes: Durgin Gratwick
Councilors Voting No: Baldacci, Blanchette,
Gaant, Longo, Sprague
Motion Failed
IN CITY COUNCIL
September 10, 2012
Motion made and seconded that Councilor Weston had a conflict of interest
Motion Doubted
Vote: 4-3
Councilors Voting Yes: Blanchette, Gallant, Gratwick, Longo
Councilors Voting No: Baldacci, Durgin, Sprague
Passed
Councilor Sprague Assumed the position of Chair
(`31111)
CITY CLERK
12-186
MEMORANDUM
DATE: June 20, 2012
TO: The Honorable City Council
FROM: David G. Gould, Planning Officer
SUBJECT: Amending Land Development Code Chapter 165-97
Government and Institutional Service District — Rooming
House, Boarding Home and Congregate Housing -
Council Ordinance 012-186
Please be advised that the Planning Board at its meeting on June 19, 2012, held
a Public Hearing on the above zoning amendment.
Planning Officer David Gould indicated the proposed amendment is intended to
add Rooming House, Boarding Home and Congregate Housing to the list of Conditional
Uses in the Government and Institutional Service District (G & ISD).
Planning Officer Gould indicated that there is a proposal from Penobscot
Community Health Care (PCHC) to add housing to the emergency shelter and treatment
facilities off of Illinois Avenue (Hope House) which abuts the Maine Business Enterprise
Park. This additional housing is proposed to provide a variety of services to tenants
that are more associated with a rooming house or boarding home. In discussions with
PCHC, it was determined that this use it is not a permitted use within the G & ISD.
Mr. Gould indicated that the proposed amendment may broaden the potential for
unintended uses with the District. However, if the residential use is maintained as an
accessory use to the institution's functions, it would appear that it should fit the district.
Mr. Gould discussed other public and nonprofit residential uses and space such as the
dormitories at Husson University and Eastern Maine Medical Center. He also indicated
that there may be instances where it is not known where the next request for these
types of uses will be because the use is defined by ownership not land use. An example
would be the YMCA's move to Second Street; the properties acquired were designated
for residential uses. Now the old Y building on Hammond Street, that is zoned G & ISD,
and would need to be rezoned for use by a for profit entity.
Mr. Vinal Applebee, Director of Facilities for Penobscot Community Healthcare
(PCHC) spoke in favor of the proposed zoning amendment. Mr. Applebee explained
that PCHS presently has 24 single -bedroom units for their clients at their shelter. They
have obtained a grant to construct 24 additional units for use as transitional housing as
the next step between the shelter and before tenants move to permanent housing.
They are also proposing space for groups and other agencies to use their
facilities for meetings. Mr. Applebee indicated that the use was already at the facility
and the amendment would allow them to add more rooms. Mr. Gould noted that while
12-186
2
he did not have the applications at the meeting the uses in the application were not for
rooming house, boarding house, or congregate care facilities.
There were no opponents to the above zoning amendment.
Mr. Damon asked if this use would be allowed in all of the other properties zoned
Government and Institutional Service District. Planning Officer Gould indicated that if
the amendment is passed, it would be for all properties zoned G & ISD. Mr. Damon
was concerned about opening up these uses to every property zoned G & ISD and
indicated that he could not support the amendment.
Mr. Boothby asked why PCHC wasn't the applicant for the proposed amendment.
Mr. Gould explained that a property owner can request a zoning change (map
amendment) but there is not a provision for a property owner to request a text
amendment to the Land Development Code. Where the City has an interest in reviewing
a text amendment the City Council can initiate an amendment and it goes through the
review and hearing process.
Mr. Sturgeon indicated that the Board needs to look at this as an amendment to
the Land Development Code and not a PCHC property. He added that if this is
approved then PCHC would need to come back before the Planning Board for Site Plan
approval.
Mr. Kenney asked why this was not done as a contract zone change for the Hope
House property. Planning Officer Gould explained that under contract zoning one can
only limit what is allowed in the district. In the case of PCHC, it has been determined
that this use is not allowed and therefore, the resolution was to amend the district.
Mr. Bolin indicated that he was in favor of what PCHC wants to do, however, he
is concerned about how this would affect other areas of the City zoned Government and
Institutional Service District.
Mr. Theeman asked if this could be a standalone use. Mr. Gould indicated that it
would need to be located within a complex of health, education, and social service
facilities, not a standalone housing component. Chairman Theeman asked for
clarification from Mr. Gould as to what the Board could do with the proposed
amendment. Mr. Gould noted that the Board needs to make a recommendation on the
proposal as it is. The Staff will send comments of the Board on to the City Council with
their recommendation.
Mr. Sturgeon moved to recommend to the City Council that the amendment to
the Land Development Code, Chapter 165, Section 165-97 — adding Rooming House,
Boarding Home and Congregate Housing to the conditional uses in the Government and
Institutional Service District — City of Bangor, applicant as contained in C.O. # 12-186,
be approved. Mr. Boothby seconded the motion. The Board voted three in favor and
four opposed to the motion. Therefore, the motion failed.