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HomeMy WebLinkAbout2012-09-10 12-303 ORDINANCECOUNCIL ACTION Item No. 12 - Date: September 10, 2012 Item/Subject Amending Land Development Code — Contract Zone Change -- 63 Sixth Street from Urban Residence 1 District to Contract Urban Residence 2 District. Responsible Department: Planning Division Commentary: For Referral to Planning Board Meeting of Tuesday, September 18, 2012 at 7:00 P.M. The applicant City of Bangor is requesting a contract zone change for a .48 acre parcel of land located at 63 Sixth Street from Urban Residence 1 District to a Contract Urban Residence 2 District. The contract provision will limit the use of the property to one principal building with a maximum of two units. Manager's Comments: Associated Information: Budget Approval: Legal Approval: /s/ Rosie Vanadestine Department Head City Manager Finance Director n, N W �!/ = WAI�' , e Introduced for Passage X First Reading Page 1 of 1 X Referral to Planning Board Meeting of September 18, 2012, 7:00 p.m. 12-303 SEPTEMBER 10, 2012 Assigned to Councilor Gratwick CITY OF BANGOR (TITLE.) Ordinance f Amending Land Development Code — Contract Zone Change — 63 Sixth Street from Urban Residence 1 District to Contract Urban Residence 2 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 63 Sixth Street (Tax Map No. 23, Parcel No. 122) from Urban Residence 1 District to Contract Urban Residence 2 District. Said parcel of land containing approximately .48 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 a maximum of two dwelling units. 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. September 10, 2012 First REading and Referral to P1 ing Board Meeting CITY LERK IN CITY COUNCIL September 24, 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 �r CITY CLERK aoiiounoD of pau6issd (`3-111.0 N D 0; HAMMOND ST 12-303 SEPTEMBER 10, 2012 E E T C IIA clo C OS '� URD-m-- G&ISD URD-1 TO UtD-2 CONTRACT 7/1/2012 APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE: THE PLANNING BOARD OF BANGOR, MAINE: 1. I(WE)_ City of Bangor Communi Development Division 2. of 73 Harlow Street, Bangor, ME 04401 992-4280 Address City or Post Office Telephone hereby petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from —URD -1 district to the Contract 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 (if any) 63 Sixth Street Total Area (acres or square feet)____.,, 48 acres 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. 23 Parcel 122 6. EXISTING USE: single-family PROPOSED USE: single family or duplex NAME AND ADDRESS OF OWNER OF RECORD: Name Citv of Bangor Address 73 Harlow Street, Bangor, ME 04401 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): 10. SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Nam6 tWKLY .1t'UA.A+ (if applicable) Address 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST, RETURN FORM & DUPLICATE TO PLANNING DIVISION. CITY HALL. BANGOR. W. 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 Proposed Contract Zone Change Condition for 63 Sixth Street: 1. One principal building limited to a maximum of two dwelling units. SEPTEMBER 24, 2012 12-303 MEMORANDUM DATE: September 19, 2012 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 63 Sixth Street - Council Ordinance 12-303 Please be advised that the Planning Board at its meeting on September 18, 2012, held a Public Hearing on the above zone change request. Ms. Rosie Vanadastine, Director of Economic and Community Development, indicated that the City had acquired the property under the Neighborhood Stabilization Program (NSP). The federal program allowed communities to purchase properties that were foreclosed on and rehabilitate them and make them available to low to moderate income families. Ms. Vanadastine noted that the structure at 63 Sixth Street was very large and on a large lot for the area. There was some concern that rehabilitating the existing large structure as a single-family home would be more costly than they could sell it for under the program guidelines. While the City had previously sought to make it a four -unit building, neighborhood concerns over multifamily housing encroaching upon the neighborhood directed them to seek zoning for a one -or two -unit building. Ms. Marie Lopez, a resident of 56 Sixth Street, did not want the neighborhood to change from one of owner occupied homes to one of absentee landlords. Mr. Gary Saunders, who resides at 12 William Street, indicated that he purchased his home in 2006, and the decision was heavily influenced by the family -friendly atmosphere of the neighborhood and its close proximity to schools. He indicated that he is concerned about the rental properties in the neighborhood that tend to be the source of concern. Ms. Carol Sherman, who resides at 19 William Street, spoke in opposition and was concerned about multi -family creep in the neighborhood. She asked if Habitat for Humanity had an interest in the building as a single family dwelling. SEPTEMBER 24, 2012 12-303 Larry Pare of 56 Sixth Street indicated he had resided at Sixth Street for a long time and raised a family there. He indicated he was concerned that changes to the zoning would start his neighborhood down the road to rental units and associated problems of the Third and Main neighborhood. Planning Officer David Gould noted that the Comprehensive Plan Zoning Policy for this property was Low Density Residential and Urban Residence 1 District. The Planning Staff was supportive of the rezoning of the adjacent former ice cream plant as it was seen as an opportunity to remove the vacant/abandoned building from the neighborhood. Mr. Gould noted that it was a large structure and parcel and Staff supported a two -unit option or using some of this property to support the redevelopment of the Pier Street project. Member Bolin said his recollection was that the neighborhood had previously preferred a two -unit building. Member Sturgeon thought the contract for a single building with two units was consistent with the Comprehensive Plan as the large lot could be divided and support two single family houses. Member Damon thought a two -unit building was inconsistent with the Comprehensive Plan. Member Williams asked if the property could become a group home. Mr. Gould noted that State Law does not allow municipalities to prohibit defined Community Living Facilities (eight or fewer beds) from single family neighborhoods. Mr. Gould noted that while owner -occupied is what is desired by the neighbors it is not part of the Land Development Code. Dwellings are limited to a number of units; single family, two family or multi -family, but none require the owner occupy the dwelling unit. Planning Board voted two in favor and five 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. 12-303.