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Home My WebLink About2012-07-23 12-247 ORDINANCECOUNCIL ACTION Item No. 12-247 Date: July 23, 2012 Item/Subject Ordinance, Amending Land Development Code — Contract Zone Change —125 Fern Street and 166 Pearl Street from Contract Multi -Family and Service District to Contract Multi -Family and Service District Responsible Department: Planning Division Commentary: For Referral to Planning Board Meeting of Tuesday, August 7, 2012 at 7:00 P.M. The applicant, Bangor Steam Laundry, LLC is requesting a contract zone change for a 50,105 sq. ft. parcel of land located at 125 Fern Street and 166 Pearl Street from a Contract Multi - Family and Service District to a Contract Multi -Family and Service District. This is the site of the former New Franklin Laundry. The applicant has applied to amend their existing contract zone change conditions. The original plan to convert the multi -story laundry building into condominiums is no longer viable in the current economic conditions. The amended conditions will provide that all new units constructed will be single-family homes; the former laundry building and auxiliary structures will be demolished; and the existing structure at 166 Pearl Street will remain a 3 -unit apartment building. All other new structures on that lot will be single- family homes. /s/ Rosie Vanadestine Interim Dept. Head Manager's Comments: Associated Information: Budget Approval: Legal Approval: City Manager Finance Director Introduced for Passage X First Reading Page 1 of i X Referral to Planning Board Meeting of August 7, 2012 7:00 p.m. 12-247 JULY 23, 2012 Assigned to Councilor Hawes CI`T'Y OF BANGOR 9, ti i Oreo, (TITLE.) Ordinance r Amending Land Development Code — Contract Zone Change — 125 Fern Street and 166 Pearl Street from Contract Multi -Family and Service District to Contract Multi -Family and Service District Be it ordained by the City 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 parcels of land located at 125 Fern Street and 166 Pearl Street (Tax Map No. 53, Parcel Nos. 161, 161A and 153) from Contract Multi -Family and Service District to Contract Multi -Family and Service District. Said parcels of land containing approximately 50,105 sq. ft. 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. All new units constructed will be single family homes. B. The laundry building and auxiliary structures will be demolished. C. The existing structure at 166 Pearl Street will remain a 3 -unit apartment building, but any new structure on that lot will abide by condition A., above 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 July 23, 2012 First Reading and Referral Board on August 7, 2012 at >.�f'- ) 1-2,11 e CITY to the Planning 7 p.m. IN CITY COUNCIL AUGUST 13, 2012 MOTION MADE AND SECONDED FOR PASSAGE VOTE; 9-0 COUNCILORS VOTING YES; BALDACCI, BLANCHETTE, DURGIN, GALLANT, GRATWICK, LONGO, HAWES, SPRAGUE, WESTON COUNCILORS VOTING NO; NONE PASSED CITY CLERK aojiouno3 o; peu6issd 12-247 JULY 23, 2012 03 • CONTRACT TO M&SD CONTRACT 6� HOUSE REVIVERS Specializing in Historic Restorations 12 247 BOB KELLY 73 Pine Street Bangor, ME 04401 (207) 947-3863 FAX (207) 942-0850 July 12, 2012 City of Bangor 73 Harlow Street Bangor, ME 04401 Attn: Planning Department Re: Contract Zone Change -125 Fern Street, Bangor Steam Laundry, LLC The zoning will remain M & SD, but proposed usage will change from converting the brick structure to constructing new single family homes. This is subject to the following conditions, limitations and/or restrictions: 1. All new units constructed will be single family homes 2. The laundry building and auxiliary structures will be demolished 3. The existing structure at 166 Pearl will remain a 3 -unit apartment building, but any new structure on that lot will abide by condition 1. Let me know if you need any more information. Regards, Q r f�� David J. Kelly 2 -D -f - 71f -5364 daV*Idi kel ty 12 ST00. Con 12 247 7/1/2012 APPLICATTON FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE: THE PLANNING BOARD OF BANGOR, MAINE: 1. I(WE) nnn� l�—r-S-i-pen► ! ,..�/��..�..�_I� 2. of 73_P;ne_ Address City or Post Office Telephone heretiay p 'tioq to amend the Land Devel pmen C e of the City of Bangor, Maine by reclassifying from Nas a pncr. districttotheliS5DW O1'1' district for the property outlined in red on the maps attach hereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any L L &M { 5�4-2 17 5 F rn564 Total Area (acres or square feet).,�p�� 05 sa , C4, 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street BoeJov.4 by JFec'n g PQ,o c1 s�.�'�-�5, 6�1'wec�c� Gorlana s ed 1"l�.l�o(� Ave S. LEGAL DESCRIPTION OF PROPERTY -Assessors Map NoQSParcel_LAij6 j ,,%j h irJ53 6. EXISTING USE:(3)9-yI�A 4Qnl, �a'�a:cef�iRncr��N L� rl—nn9K� G�re,�n}lY W�►e�} 7. PROPOSED USE:(l 1 Se,.IL 4 r5) L c L. V_� -tom I—.C- 8. NAME AND ADDRESS OF OWNER OF RECORD: Name 9- NAME AND ADDRESS OF CONTRACT OWNER (if such):( LL VC0 L ' t` 10. SIGNATURE OF OWNER OR CONTRACT OWNER: n?. - . 6d 1<0 11. REPRESENTATIVE OF APPLICANT: Name�el� (if applicable) Address J 3 P: ns4taa4,Ag%a y r 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM & DUPLICATE TO PLANNING DIVISION CITY HALL BANGOR ME Application fee Processing Advertising Total Zone Change (1/2 acre or less) $575.00 $410.00* $ 985.00 Zone Change (in excess of 1/2 acre) $920.00 $410.00* $1,330.00 Contract Zone Change - 5 conditions or less $1,377.00 $509.00* $1,886.00 More than 5 conditions or 50 words $1,900.00 $509.00** $To be determined *Two Ads Required ** Advertising costs above this amount to be paid for by applicant. PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE 12-247 MEMORANDUM DATE: August 8, 2012 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUB3ECT: Amending Zoning Ordinance 125 Fern Street and 166 Pearl Street — M&SD contract to M&SD contract (revised conditions) Council Ordinance 12- 247 Please be advised that the Planning Board at its meeting on August 7, 2012, held a Public Hearing on the above Contract Zone Change request. Mr. Bob Kelly of Bangor Steam Laundry, LLC indicated that they originally proposed to reuse the existing brick laundry building as multi -unit housing but were not able to acquire financing in the current housing market and economic conditions. They are seeking to construct highly energy, efficient, single-family homes on the property. Mr. Chris Olson of 126 Fern Street told the Board that he lives immediately across the street from the laundry building that ceased operation just before he moved in. He indicated he is in support of the current proposal and has a high level of confidence in the Kellys' work. There were no other proponents or any opponents to the rezoning request. Planning Officer David Gould indicated that the proposal before the Board is to change the contract conditions on the property that were intended to allow the former laundry to be converted into multi -unit housing. While the City supported the redevelopment proposal, the current economic conditions, especially the housing market, will not support the financing of the project. The current plan is to utilize the somewhat smaller lots sizes of the Multi -family and Service District (M&SD) to create house lots for new energy efficient structures. Mr. Gould noted the contract provided for the demolition of the laundry building, construction of single-family dwellings and the retention of an existing 3 -unit building on Pearl Street. While the Board would not see a site plan for the redevelopment they would get to review the subdivision plan where individual lots would be created. The owners would then obtain building permits from the Code Enforcement Office as is typical for single-family homes. Member Damon asked if M&SD would allow for any unique development pattern such as zero lot line or a cluster development approach. Mr. Gould noted that the M&SD standards for detached single-family homes follows a very traditional regulatory scheme 12-247 2 with setbacks, lot coverage, and lot width standards very much like the existing neighborhood. The Planning Board voted unanimously in favor of recommending that the City Council adopt the proposed Contract Zone Change request contained in C.O. # 12-247, 125 Fern Street and 166 Pearl Street, Bangor Steam Laundry, LLC.