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2007-06-11 07-211 ORDINANCE
item No, 07 21.1 Data: June 11, 2007 Item/Subject: Ordinance, Amending Lan Development Code— Zone Change --15 Fifth Street, 331 Hammond Street, and a portion of Pon Street from Govemmem an Institutbnal Service DisMct to Urban Residence Two District. Responsible Department: Planning DiAsion Commentary: For Referral b Planning Board Meeting of June 19, 2007,7:00 p.m. The applicant, Bangor Theologlcil Seminary, Is requesting a zone change from Government and Institutional Service District M Urban Residence Tvro District for property containing approximately 90,700 sq. R. and being located at 15 Fifth Sbeet. 331 Hammon Street, and a portion of a parcel located on Pond Street /s/ James D. Rim Department Head eu.L� Clry Manager Associated information: jgy,„b Budget Approval Finance Director Legal Approval: CRy Solicitor Introduced for Passage X First Reading Rhe i ofi X Referral to Planning Board Meeting of June 19, 2007, 7:00 p.m. 07 21.1 Aasigoed to Couucilor Blanchette June 11, 2007 a CITY OF BANGOR (TITLE.) Ordinance, Amending Land Development Code —Zone Change -- 15 Fflh Street, 331 Hammond Street, and a portion of Pond Street from Government and Institutional Service District to Urban Residence Two District. Be if ofdairted by Me Qty oi6an9m,, as AwYowr THAT the zoning boundary (Ines as established by the Zoning Map of the City of Bangor dated October 28, 1991, as amended, be hereby further amendetl as follows: By changing a parcels of land located at 15 Fifth Street, 331 Hammond Street, and on Pond Street (Tax Map No. 33 Parts of Parcel No. 14 and Tax map No. 34, Parcel No. 32) from Government and Institutional Service District to Urban Residence Two District. Said parcels containing approximately 90,700 W. ft, and being more particularly irdicated on the map attached hereto and made a part hereof. IS clw COUCIL June 11. 2007 Y1rst Beading 6 Referred tol P Hoard Meeting i 1R CLOIX m Cin COO m Jose 25. 2007 Motion Made sod Seconded for Passage FB1R: g o- Councilors Voting Yes: Allen: - Blanchette. DpErrico. Partington Gramick, Greene 6 Palmer Councilor Voelag Bo: gone C ilor Absent: Stone paso" r CLB� man Oa Ane"ing Land 0avelopaeot Code - Street A a portio¢ of Pool Street from Govermmnt Werstrict to Brbao Residence too Biettfct� A,rtgped to coo"ro. N�A�.n//t�N✓u.C1 07 211 ,O GEo ,o O ® s SSD 0 ■■ - LSv ® CJ. s y ® VL^ v \ of o G&ISD F. O BPry60q rHEol041 C a1 SL MIN AR G �� + 1 d T P&O q un.. o clo ' URD2 s w © ©®« o R `�u� D2 � rrQ Jig, G&ISD TO URD2 07 211 APPLI ON *AND Elm 7/1/06 TO: THE CITY COUNCIL AND DATE !J?7�) NE PLANNING HOARD OF BANGOR, MAINE: N0. / 1. I(WE) 'KA D THc� Nlrl�/b S-� /ZS' 2. of fin CSM JFr:.!/:PC[E Ov �'+J/I SAA.r.,�aM6c�f Z-UY// Address City or Post Office 9442Tune P hereby petition to amend the Land Developm no Code of the City of Bangor, Maine by reclassifying from (y. f.ZS.li district to the V2 /)- T 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) Total Area (acres or square feet) rJ 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards.. Beset of Pine Street tvf S. LEGAL DESCRIPTION OF PROPERTY - gm7 of mayAsses sop Kap No. !;{ ParcelL'Z 6. EXISTING USE lYS'� 7. PROPOSED DEE:_n�/l/T B. NAME AND ADDRESS OF WRIER OF RECORD: Name >A NG /C, I�LIeAn� Address 9. NAME AND ADDRESS OF CONTRACT OWNER (if a h): 10. SICSIATORE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Name Jey51xfdeI3S 4 CE (if applicable) Address !y�/ L 12. ATTACH ANY CONDITIONS PROPOSED FOR A ONTRACT ZZONE REQUEST RETDRN FORM & DUELI= TO PnNNTNG DIyrSION. CITY HALL. EANGOR. 61E. Application fee processing Advertising Total Zone Change (1/2 acre or leas) $479.00 $330.00* $ 809.00 Zone Change (in excess of 1/2 acre) $766.00 $330.00* $1,096.00 Contract Zone Change $1,146.00 $411.00* $1,557.00 *Two Ads Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE MEMORANDUM DATE: June 20, 2007 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 15 Fifth Street 331 Hammond Street and a portion of a parcel located on Pond Street Council Ordinance 07-211 Please be advised that the Planning Board at its regularly scheduled meeting on June 19, 2007, held a public hearing on the above zone request. Mr. Dick Cattelle representative of the Bangor Theological Seminary indicated the Seminary had relocated to the Husson College Campus and was seeking a buyer for the historic property. The details of a reuse for the Seminary are a difficult one given its historic status and a Jsting configuration. The proposed rezoning is a first step in the reuse of the property which would allow the buyers some ability to use the existing structures as rental dwelling units. Mr. Paul Cook, one of the buyers, Indicated that in order for them to get bank support they had be be able to demonstrate that the existing uses and income stream of the properties were legal uses under the land Development Code. As student and faculty housing the buildings were allowable under G&ISD but under private ownership dwellings, single-family or multi -family, are not permitted uses. Mr. Cook noted they were also contacting non-profit organizations who might need more space that would be suited to the Seminary location. James Brochu, Director of the Seminary physical plant Indicated the retuning would allow the buildings to remain used as they presently are (residential) and that would be a very good use for them. Mrs. Diane Davila, 201 Cedar Street, indicated that she had concerns about the Future use of the property. The potential for low income housing or transient populations was not a direction they would like to see the property go in. Mrs. Devita indicated they operated the Source of Life Ministries, a non profit entity but had not had any communication from the potential buyers. Dr. Michael Devita, 201 Cedar Street did not want any wring changes that would allow open ended land uses. He would rather wait until the buyers of the property had a specific plan on which the neighbors multi rely on. The Planning Officer explained the complicated nature of Government and Institutional zoning and land use policy. The district is largely governed by ownership and not actual land use. The City always faces a difficult decision when an institutional use changes ownership or seeks to locate to a new location because the City's land Use Policy cannot predict where those locations will be. In this instance the Seminary lies in an area where the higher density residential districts of the City Core transition to lower densities. The area where Hammond Street Intersects with Union Sheet is Mutti-family and Service District extending further out Hammond Street and Union to Urban Residence 2 District and when you get to Pond Street It Is Urban Residence 1 District. The land use decision for the City is what use should the Seminary property be if not owned by the Seminary? Secondly, If a noninsti utional owner is going to own the property what is the most logical residential district, M&SD, URD -2 or URD -1. Mr. Gould Indicated that M&SD allow some very high densities and a number of office uses that should be carefully examined prior to such a change. Urban Residence KURD -1) limits properties to only single-family dwellings that would be inconsistent with the units In the existing buildings and inconsistent with the inning immediately adjacent to them. Therefore URD -2 seems to be the most fitting residential district. After review of the existing zoning in the area and the limitations imposed by URD -2 the Planning Board voted unanimously to recommend approval of the proposed zone charge request.