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HomeMy WebLinkAbout2010-11-22 11-017 ORDINANCEItem No, f Oats: November 22, 2010 Item/Subject: Ordinance, Amending Land Development Code - Zone Change -88 Walter Street from Urban Residence One District to Urban Residence Two District. Responsible Department: Planning Division The applicant, Anastasios Karageorglou, Is requesting a zone change for a portion of a panel containing approximately 21,750 sq R, located! at 88 Walter Street from Urban Residence One District to Urban Residence Two Districc /s/ lames D Ring Department Head Manager's Comments: A A*) ;& 1/4)Oys vdoAv ,I I , Interim Ory Manager Associated Information: Ordinance Legal Finance Director G Soliciror Passage X first Reading Page 1 of i )j_ Referral to Planning Board Meeting of Tuesday, December ], 2010, 2:00 P.M. r�S�J Assigned to councilor — Longo November 22. 2010 �; CITY OF BANGOR oll (TITLE.) Ordinance,Amending Land Development Code — Zone Change - 88 Walter Street from Urban Residence One District to Urban Residence Two District & it amalned by the Gty ofBangor, 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 portion of a parcel of land located at 88 Walter Street (Tax Map 25, Part of Parcel No. 120) from Urban Residence One District to Urban Residence Two District. Said part of a parcel containing approximately 21,750 sq. ft. and being more particularly indicated on the map attached hereto and made a part hereof. m cm co➢Ncn November 22, 2010 vire[ Rendus and Neferral to FLaniag Boa d Neetivg of ➢ ecmherer 7 2010 at ]po cin IN cin COONCIL December 13. 2010 I t1w Node and Seconded for Passage Ower A tasiva Nurneorgio spoke iu favor laseph.%aser epote fa Favor Nargaiet gmay expressed her concern Govt increased traffic a geighbur- haod dewity Vote: 'R-1 councilors voting yes: Blanchette. Wxgm, araty ck. Longo. Naves, Neallby. Falmer 6 Weston Cauncilois voting No: 0a'onsou reseed vClw ©.NRR $ I �IOIlNI•'w Cf ZLAMUU rLad Dwelopmautl Code Zm mange 80 Walter Street E Ln .4dence one District to ➢rb Residence 1yn District MIIpMIb COaYUIN t-Nl vvfs 11 017 ` APPLICATION FOR LAND nEVELOPMFNT CODE AND MAP AMENDMENT TO: THECITYCOUNCILAND DATEoi_O THEPLINNNG BOARD OF BANGOR, MAINE NO, 1. q I(WE) 11ni� , �" kn i.FCd-fO fLG-l0 V 2. ofo Address Cilyar PostO c Telephone hereb p C toamrvdtl Land Devel wat Cod fthe City of6 ng", Maine by elasafying from �dimtl tro tM1 �. district for thepmpnrly oulfiEM m rtd tho maps dM1ret, which us Part of this application. enddescribed as follows: 3. ADDRESSOFPROPERTY(ifany) kR tj2'L &v_ S Told Ares (stores or s9nara fees) 9/OTO 4. PROPERTY LOCATION (Genael lacesdorth Ed anple Somb side of Slate Street 400 Yartle. East of Pine Streat - - 5, LEGAL DESCRIPTION OF PROPERTY- Assessors Map No._Parcel_ 6. EXISTNGURE: a.e...r 7. PROPOSEDUSE: 44./4 sowyt l as 8. NAME AND ADDRESSOFOWNEROF RECORD: Name %'✓ kms 9. NAME AND ADDRESS OP CONTRACT OWNF.R(Rdwh)__. ... _.. .�,... __,... l0. SIGNATURE OP OWNER OR CONTRACT OWNER 11. REPRESENTATIVE OF MPWCANT: Name (ifappRmble) 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACTZONE REQLEST RETIR NFORM&ll PLICATETO PLANNIFIVDIVISION, CITYHALL BANGOEC MR Application f Processes AAdver insC_ Zone Change (I2 acre or less) $54900 $384W"S 933.0 ) Rona Charge Int names of ha Save) 5878.00 $384.00" � $1,20.00 Comcaot Zone Clwoge- 5 conditions or lass $1,314.W $49200' $1.991.00 Mom than S coMiEons or 50 words $1,814.00547]00" $To beI earnami "Two Ads Required ^' Ativertiaing costs abuse this sm0un110 be Paid tbrbyapplicant PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE MEMORANDUM DATE: December 8, 2010 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 88 Walter Street Council Ordinance 11-017 Please be advised that the Planning Board held a Public Hearing on the above noted zone change request at its regularly scheduled meeting of December 7, 2010. Mr. Ron Bragg the contractor working for the applicant, Anastasios Karageorgio, indicated that the applicant wants to turn the existing building into an apartment building. Mr. Joe Kacer, an abutting property owner of apartment buildings on the adjacent street, spoke in favor of the proposed zone change request. Mr. Kacer explained that there are many apartment units In this vicinity and noted their locations. He indicated that the building at this site has been run down for many years and it would be better for his tenants, who look down at this building, if it were turned into apartments. He expressed his concern that he would like the project to have fencing, and landscaping to make it look nice and that there not be abandoned vehicles. Mr. George Farris, 71 Walter Street, spoke in opposition. Mr. Farris fell that there Is an existing traffic problem with narrow streets and this will only add to that preblem. The property is presently in disrepair and there arent any guarantees that the new apartment building will be any better. Ms. Margaret Samways who lives at 102 Walter Street, indicated that she has many concerns about the site and without seeing any construction plans for what the applicant is proposing that she would not be in favor of the zone change. Mr. Jeremy Qualey who has resided on Walter Street for 6 years indicated that one of his biggest concerns is that the current apartments on the street are not very well maintained and they have very questionable tenants who bring a bad crowd to the neighborhood. He said that there are a lot of kids in the neighborhood. This Is a narrow street and visitors park on both sides of the street which makes it very difficult for the residents to get out of their driveways. Mr. Qualey said that If this Is approved it will be a "pandores box," and they will not have any control over the applicant putting in inexpensive apartments or allowing tenants with criminal records. Without any assurance as to what will go into this building, they are opposed to the zone change. Chairman Brown explained that the only thing before the Board Is the zone change request which the Board does not approve, it only makes a recommendation to the City Council, who will make the final decision. If the zone change Is approved, then the applicant will need to come back before the Board for site development plan approval. While it will not be a public hearing the Board Members almost always entertain public comment Ms. Joanna Falls Indicated that they talked with the Code Enforcement Officer about this site and she was told that the Department of Environmental Protection would need to examine this site before anybody could do anything with it because there was a transmissions shop and a junk yard there that used a lot of chemicals. Chairman Brown indicated that the only thing under consideration at this hearing is the zone change and her questions were not germane to the mine change. Ms. Ferrls asked If they are going to be able to ask these questions before it gets approved. Ms. Brown Indicated that she could go to the City Council meeting and express her concems, as well. Planning Officer Gould Indicated that this Is a request by Anastaslos Kerageorgio to rezone part of the existing parcel at 88 Wafter Street from Urban Residence One District to Urban Residence Two District. The applicant Is requesting approval of 21,750 sq, ft of a larger parcel (1 acre in size). The existing block building was previously used by a truck garage and transmission shop and Is now an abandoned building. The applicant discussed with staff what his options would be to reuse this ste. Mr. Gould indicated that this is an old nonconfumitg building in a residential neighborhood. Back In the 1980's in this area much of the land was zoned as Residential 4. If you had enough land area, then a four unit building was allowed. While some applicants built new buildings many of the apartments created were from conversions of single-family homes. In the late 1989's with the Comprehensive Plan revision the City decided to reverse the conversion trend because it was creating congestion and parking problems and other issues. The City took a broad brush approach to the older areas of the City on both the east and west sides that included this area and down -zoned them to single- family residential, the current URD -1. Since then the Gly has been consistent In holding that policy, but this is a somewhat unique property in having an old industrial/commercial structure on t. What we see is an opportunity to remove this abandoned property by allowing Its conversion to multi -family residential, This is similar to the recent rezoning of the former Knights of Columbus property on Court Street The question for the City is what is better for the neighborhood, to leave t as it is or convert it to multi -family residential. The applicant was really Interested in creating more units but in this area of the City there are only two other residential zoning options besides single-family URD -1. They are URD -2 that allows a maximum of 4 units in a building on a lot and Multi -Family and Service District that has no set upper limit of units that can be put on a parcel. The interest of the City is in making the abandoned building go away. One way is to rezone only enough land to allow 4 units in the existing or a new building and room for parking. There is more land, but rezoning the whole parcel opens up the potential for more than one building. It would be possible to write a contract zone change to allow more than four units, but it would involve more restrictions and oversight The simpler approach was to rezone only enough for the four units. If the zone change is approved the applicant would still have to return for site plan approval for the four units and associated parking. If the Board and the City decide the site Is better the way it is they can vote to not adopt the change. That is the choice before the Board now. Staff felt It could be an acceptable choice far the neighborhood to support this zone change to help remove or allow a new building with a maximum of four units. Mr. Andrew Sturgeon commented on the large size of the lot, and the request to rezone only a half of the lot. He asked if it would insure only four units could be built without returning to the Board. Mr. Gould responded that the maximum allowed In the URD -2 Is four units. For five units M&SD would be required. Mr. Sturgeon supposed that they could have spit the lot to attain more, but that is not before the Board. Mr. Gould pointed to an exhibit depicting the parcel, the area to be rezoned, the existing building oudine, and an example of required parking. He noted that it would not be enough room to build another 4 -unit building, just enough for the existing building and the eight -space parking lot for it Mr. Sturgeon asked if other muld-unit buildings could be pointed out on the exhibit, but Mr. Gould responded not with this exhibit. The Board discussed the availability of a survey plan and the potendal that a right-of-way may go through the property. Chairman Brown asked If the proposal was a "spot zone" in the middle of URD -1. Planning Officer Gould noted his definition of a spot zone Is allowing one property certain benefits that you would not allow similar properties in the same circumstances. Mr. Gould Indicated that It Is his view that the Planning Office would consider the same approach for a nonconforming strucure/use in a neighborhood. The applicant's options are to leave the building as it is, replace it with a single family dwelling or attempt to rezone it to allow more than one dwelling unit to offset the cost of demolition and clean up. The Board discussed the traffic generation from single family dwellings versus multifamily dwellings If the large parcel was divided into four separate URD -1 lots. Mr. Gould noted that muni -family structures have lower trip generation rates, per unit, than single family homes. Mr. Sturgeon made a motion to recommend the zone change request to the City Council. Mr. Kenney seconded the motion. The Board voted three In favor and three opposed to recommend to the City Council that the zone change request contained in C.O. # 11-017 from Urban Resident 1 District to Urban Residence 2 District at 88 Walter Street for Anastasios Karageorgiou be approved. The recemmendation failed M achieve a majority of affirmative votes of the members present. 11 017 ■ URDwi TO URD -2