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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 ii--A'yC SJR` CITY OF BANGOR o'��"" �R4iED�FE/ (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 O/ 0e� 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.