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HomeMy WebLinkAbout2012-07-09 12-239 ORDINANCECOUNCIL ACTION Item No. 12-239 Date: July 9, 2012 Item/Subject Amending Land Development Code — Contract Zone Change — 331 Hammond Street from Urban Residence 2 District and Government and Institutional Service District to Contract Multi -Family and Service District Responsible Department: Planning Division Commentary: For Referral to Planning Board Meeting of Tuesday, July 17, 2012 at 7:00 P.M. The applicant, John Karnes, is requesting a contract zone change for a 21,655 sq. ft. parcel of land located at 331 Hammond Street from Urban Residence 2 District and Government and Institutional Service District to Contract Multi -Family and Service District. This is the site of the former "Old Commons" building located on the former Bangor Seminary Campus. The contract provisions will limit the redevelopment of the property to a maximum of six dwelling units; a maximum of 900 square feet of office space and require that a binding agreement be maintained to meet off-street parking requirements for the land uses on the parcel. /s/ Rosie Vanadestine Interim Dept. Head Manager's Comments: If - -.011-ow Associated Information: Budget Approval: Finance Director Legal Approval: Introduced for Passage X First Reading Page 1 of 1 X Referral to Planning Board Meeting of July 17, 2012 7:00 p.m. 12-239 JULY 9, 2012 � ..� Assigned to Councilor Gratwick A CITY OF BANGOR Oq E9 <c � 4iED, f/ (TITLE.) Ordinance, Amending Land Development Code — Contract Zone Change — 331 Hammond Street from Urban Residence 2 District and Government and Institutional 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 a parcel of land located at 331 Hammond Street (Tax Map No. 33, Parcel No. 14H) from Urban Residence 2 District and Government and Institutional Service District to Contract Multi -Family and Service District. Said parcel of land containing approximately 21,655 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. Subject property shall be limited to one principal building not to exceed six dwelling units. B. The building shall be allowed a maximum of 900 square feet of professional office space. C. The property shall maintain a binding agreement with the owners or assigns of Bangor Masonic Foundation to meet the off-street parking requirements for land uses on this parcel. 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. 12-239 2 July 9, 2012 Planning Officer Gould noted that as a home occupation (a dwelling unit where a person resided) could be permitted by the Code Office provided it met the applicable criteria. In this instance, the Multi -family and Service District will allow office use as a Conditional Use and the proposed contract limits that space to 900 square feet. The provision does not require the operator to reside on the premise. Mr. Gould further noted the subdivision plan of the Seminary Campus, of which Mr. Karnes' lot is a part of, has specific conditions as to the shared use of the parking to meet the needs of the developments on the campus. Again, to date the arrangement has worked out very well. At the time that Mr. Karnes seeks to add office use he will need to return and we will have to review the supply and demand for parking in that application the same as was done in the redevelopment of Maine Hall. The Planning Board voted unanimously in favor of recommending that the City Council adopt the proposed Contract Zone Change request contained in C.O. # 12-239, 331 Hammond Street, John Karnes, III. IN CITY COUNCIL JULY 9, 2012 FIRST READING AND REFERRAL -TO PLANNING BOARD ON JULY 17, 2012 AT 7:00 P.M. CITY CLERK (TITLE,) IN CITY COUNCIL July 23, 2012 Motion made and seconded for passage Assigned to Councilor Councilor Hawes disclosed that she managed property for the Bangor Masonic Fraternity which had property in this district Motion made and seconded to declare no conflict for Councilor Hawes Vote: 8-0 Councilors Voting Yes: Baldacci, Blanchette, Gallant, Gratwick, Longo, Hawes, Sprague, Weston Councilors Voting No: None Passed CITY C�R ' " s Iti 3.Of Al \X 13 URDm2 to""OO4� M&SD Contract �G&ISD to--*-� 12-239 July 9, 2012 MEMORANDUM DATE: July 18, 2012 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 331 Hammond Street — URD -2 and G&ISD to Contract M&SD Council Ordinance 12-239 Please be advised that the Planning Board at its meeting on July 17, 2012, held a Public Hearing on the above Contract Zone Change request. Mr. John Karnes indicated that he had recently purchased the Old Commons building on the former Bangor Seminary Campus and was seeking to renovate some of the space in the building for his use as professional office space. There were no other proponents or any opponents to the rezoning request. Planning Officer David Gould indicated that the sale of the Seminary property in 2007 forced the City to look at the Land Use Policy for that portion of the City that had been in the Seminary's ownership for decades. The area extends from the edge of the downtown core to some well established single-family neighborhoods. While there was a good deal of discussion about commercial reuse, concerns of the available parking and historic fabric called for a slow and thoughtful approach. Many of the structures had been renovated into apartment units for housing for Seminary students. These properties were suited to a low to moderate density district that would allow for rental dwelling units. The large Maine Hall building was rezoned Contract Multi -family and Service District to suit the redevelopment needs of Community Housing of Maine (CHOM) which used contract standards to regulate density, housing type, and parking. The Moulton Library was acquired as a "last edition" repository. Finally the Masonic Lodge acquired the bulk of the campus to replace their building which was lost by fire. Mr. Gould noted that he has been very pleased with the success of the redevelopment so far. The contract rezoning proposed by Mr. Karnes will allow the six existing units to remain and provide the ability to use a portion of the building as office space. Ms William's did note that Mr. Karnes had appeared before the Historic Preservation Commission and had received approval for numerous renovations of the existing structure. The Board asked questions about the office use and available parking at the site.