UNDER THE CLOCK TOWER
CITY OF PORTLAND DEPARTMENT OF PLANNING AND URBAN DEVELOPMENT
QUARTERLY NEWSLETTER SUMMER, 2013
Jeff Levine, AICP, Director Department of Planning and Urban Development [email protected]
The Department of Planning & Urban Development's mission is to strengthen and revitalize the City of Portland's neighborhoods and communities and to preserve and positively transform our physical, social and economic environment, while protecting the health, safety and welfare of our residents and visitors. In doing so, we will work collaboratively toward comprehensive and sustainable solutions, streamline systems and processes to be efficient and responsive, and engage the public through open communication and ready access to information. Please feel free to contact us with any questions or comments you may have.
Housing and Community Development Division (207)756-8246 Office Hours: Monday-Friday 8:00 a.m. to 4:30 p.m.
Inspections Division (207)874-8703 [email protected] Office Hours: Monday-Wednesday and Friday 8:00 a.m. - 4:00 p.m. Thursday 8:00 a.m. - 1:00 p.m.
Planning Division (207)874-8721 or (207)874-8719 Office Hours: Monday-Friday 8:00 a.m. to 4:30 p.m.
Pre-Application Meetings are held Inside this issue: every Wednesday from 12:00 p.m. to 1:00 p.m. in Room 209,
Casco Bay Lines Terminal Renovation 2nd Floor of City Hall. To request a 30 minute meeting Portland Observatory fill out and submit electronically a
Master Development Plan Pre-Application Request Form
91 State Street Adaptive Re-Use
Analysis of Impediments of Fair Housing The Planning and Inspections Divisions are conducting Tenant Based Rental Assistance Electronic Plan Review of all submitted plans and drawings. 409 Cumberland Avenue Click the link to read more about
What’s your sign? our Electronic Plan Review Requirements Ho arding within the City of Portland
Casco Bay Lines Terminal Renovation Project
On June 5, the Planning Division approved a 3,000 sq. ft. expansion to the existing Casco Bay Island Transit District ferry terminal on the Maine State Pier. The terminal expansion will include a new waiting room, ticket office, freight office, and new restrooms, and ultimately provide an Scott Simons Architects improved passenger experience for the nearly one million people who use the facility annually. The approved site plan also includes improvements designed to allow pedestrians, buses, bicyclists, and motorists to more easily gain access to the terminal building. Work on the improvements is expected to begin in the fall.
For more information contact
Nell Donaldson ~ [email protected]
Portland Observatory
This year CDBG is helping to fund the refurbishment of one of Portland’s most unique landmarks, the Portland Observatory, a National Historic Landmark that is the only known remaining maritime signal tower in the country. Built in 1807 by Captain Lemuel Moody and located in the Munjoy Hill neighborhood, the Observatory was used to spot incoming ships through a telescope stationed in the lantern at the top of the tower’s 103 steps. Captain Moody would then signal a ship’s arrival by flying colorful flags from atop the Observatory.
The City of Portland has owned the structure since the 1930s, and since 1982 Greater Portland Landmarks has
operated the tower as a historic site, providing guided tours, educational programs, and exhibits, as well as an open house on Flag Day. In 2011, the Observatory welcomed over 10,000 visitors from Portland, the state of Maine, 47 other states, and 34 countries.
CDBG funds will be used to repair or replace the 21 wooden windows in the Observatory, which are currently not watertight, causing the windows and frames to rot, puddles to form on the floor, and the potential for fungal growth and insect infestation. These repairs will help preserve this historic community landmark for residents, tourists, and schoolchildren to enjoy.
For more information contact Amy Pulaski ~ [email protected]
Master Development Plan
The City of Portland is pleased to announce recent amendments to the Site Plan Ordinance, which enable large scale multi-phase projects to seek Planning Board approval for a Master Development Plan. The City Council unanimously adopted the Master Development Plan (MDP) amendments on April 22, 2013 and the amendments are now in effect. The intent of the MDP is to provide for a mix of land uses on larger parcels within the City to achieve a land development plan that is responsive to the assets of the site and is a well-integrated development. This option can be applied to sites with one acre or more of lot area that “…is designed as a cohesive and integral development program consisting of multiple buildings and associated site improvements built in phases over an extended timeframe.” It is applicable in the non-residential zones, such as the business and industrial zones, but it does not apply in residential zones, except for institutional uses.
A Master Development Plan may include two (2) or more phases of development and each phase requires a Level III site plan review at the time the phase is ready to go forward. The content of the MDP application addresses the review criteria and includes the submission of a digital three-dimensional model accurately depicting the overall development. The review process for a MDP requires a neighborhood meeting that is separate from any required meeting for each phase of development and requires a workshop with the Planning Board prior to holding a public hearing. At the public hearing, the Planning Board may act upon the MDP application based upon the fourteen applicable review standards (Section 14-524-c). An approval of a Master Development Plan, establishes the general parameters to be adhered to for the development, which includes “…the supporting documentation for floor area ratio and/or residential density, general types of uses, building coverage, generalized open space plans and infrastructure systems.” The Board’s approval is not the final authorization of the development, but it does confer pending proceeding status upon the development, which has the effect of maintaining the applicability of regulations in place at the time of the review for the duration of the MDP approval.
A Master Development Plan is valid for six (6) years. Prior to the expiration of an approval, a written request may be submitted for an extension. The Planning Authority may grant two (2) two-year extensions, provided that there have not been substantial changes to the underlying zoning or site plan standards. The Planning Authority may also condition an extension on complying with applicable standards, provided that the changes do not reduce the gross floor area of the building(s) shown on the approved MDP.
The Planning Division is pleased to offer this new regulatory option, which allows for a comprehensive view and greater flexibility for large scale developments that will be accomplished in phases over a manageable time frame, while preserving the development entitlements in place at the time of MDP approval.
For more information contact Barbara Barhydt ~ [email protected]
For more information on Portland’s Land Use Code Or visit our city website at www.portlandmaine.gov
91 State Street - Adaptive Re-use
The building at 91 State Street, built around 1900, is undergoing some exciting changes. Previously in the R-6 residential district, the property underwent a zoning map amendment to become an R-7 Compact Urban Residential Overlay Zone. The use was also changed from Mercy's McAuley Residence convalescent center with sanitarium to multi-family residential. The result will be ten market-rate apartments for people looking to live in the West End Historic District near downtown. Renovation work September 1st move in date. During the public will primarily be limited to the interior process for the project parking was raised as an with the historic exterior remaining the important concern for the neighborhood. The same except for the removal of external Planning Board responded to neighborhood fire stairs and new back stairways. The concerns and approved the site plan with the one and two-bedroom apartments range in condition that the applicant provide at least five size from 660 to 880 square feet. The off-site parking spaces for evenings, weekends, owner, Kevin Butterfield, hopes to and snow ban parking needs. complete the project in time for a
For more information contact Caitlin Cameron ~ [email protected]
Analysis of Impediments to Fair Housing
In accordance with the federal Fair Housing Act, about every five years the City of Portland performs a study of the impediments to fair housing choice that exist in the City, and recommends actions to address them. The United States Department of Housing and Urban Development defines impediments to fair housing choice as any actions, omissions, or decisions taken because of race, color, religion, sex, disability, familial status, or natural origin which restrict housing choices or the availability of housing choices. Impediments can also be any actions, omissions, or decisions which have the effect of restricting housing choices or the availability of housing choices on the basis of race, color, religion, sex, disability, familial status, or national origin.
After examining data from the U.S. Census, the American Community Survey, Maine Human Rights Commission, Pine Tree Legal Assistance, Home Mortgage Disclosure Act (HMDA), Portland zoning and land use policies, and interviews with local service providers, the Analysis of Impediments to Fair Housing Choice (AI) found that the largest impediments to fair housing in Portland were:
Geographic concentrations of race and poverty in certain neighborhoods of the city
Landlords in need of information regarding fair housing/accommodations for persons with disabilities
High cost of both rental and home ownership housing
The actions recommended to address these issues were to:
Actively pursue regional partnerships that work to widen the public transportation network and provide housing opportunities for a diversity of people throughout the region.
Prioritize mixed income housing developments
Promote the development of affordable housing in a variety of locations in Portland and work to encourage other communities in the region to develop affordable housing
Set up a City tenant based rental assistance (TBRA) program.
Create a partnership with the Cumberland County Community Development Office and local landlord associations to provide landlord awareness workshops.
Set up a housing liaison system to resolve landlord/tenant issues.
For more information contact Mary Davis ~ [email protected]
Tenant Based Rental Assistance
In order to assist Portland residents who are experiencing, or are at imminent risk of homelessness, the Housing and Community Development Division is working with the Social Services Division to create a Tenant Based Rental Assistance (TBRA) program. Using federal funds from the HOME program, TBRA would provide a tenant with temporary financial assistance for rent or security deposits at a rental unit of their choice that adheres to program guidelines. Staff is working to develop the program. More information about this exciting new program will be provided in the next newsletter.
For more information contact Mary Davis ~ [email protected]
409 Cumberland Avenue
Avesta Housing is in the process of developing a vacant lot located at 409 Cumberland Avenue into 57 units of affordable and market-rate housing. The parcel is located at the corner of Cumberland and Forest Avenues. The development will consist of a new five level building containing 32 one- bedroom units, 21 zero-bedroom units and 4 two-bedroom units. The development proposal includes a 12 space parking garage and building services on the lowest level, a small 6 space surface parking lot, public educational space on the first floor along Cumberland Avenue and outdoor “green” space along Mechanic Street. The City has committed $500,000 in HOME funds for this project.
For more information contact Mary Davis ~ [email protected]
What’s your sign?
Most businesses use signs to advertise their business. However, very few people understand how signs work in the context of the Land Use Zoning Ordinance. Section 14 -404 of the City of Portland Ordinance defines a sign to be an accessory use. There has to be a principal use established first before a sign permit can be reviewed or issued. A sign is a subordinate use of land or building which is incidental to the main building or to the principal use therefore off-premise signs are not permitted. This requirement also ties into the State ban of billboards (large off-premise signs). Signs on the City right-of-way are specifically reserved for rules-of-the-road type signs such as yield, speed, stop and street identifying signs.
The Ordinance allows two basic types of signs on private property: those attached to a building and those free-standing signs in front of a building. The size of the allowable signage is generally based upon the actual tenant frontage. Different zones use a different number factor for figuring out allowable sizes therefore, when checking on the allowable size for a sign, City staff must first determine what zone the property is located in.
State laws also dictate sign usage along the roads. The State Legislature has passed laws to prohibit business signs that flash, blink, or scroll more than once every twenty minutes. It is important that driver attention is not distracted by such flashing or blinking so as not to cause an accident. Occasionally, road construction signs are allowed such activities to better grab the attention of the driver as to what is happening in the immediate roadway. There are also special State laws to allow campaign signs during election time. Those signs are completely regulated by the State for size and when they can be erected and when they must be removed.
When applying for a sign, the City requires the applicant to provide a Certificate of Insurance from their insurance company that lists the City of Portland as an additional insured party.
For more information contact Marge Schmuckal ~ [email protected]
Hoarding within the City of Portland
The Inspections Division has worked on, and continues to work on, several “Hoarding” cases within the City. Many of you have watched various television shows on this newly recognized disease known as “compulsive hoarding”. Often times you hear individual’s reactions to various hoarding shows “as they can’t believe their eyes” and “how can people live like that?” Yet, people remain intrigued by this debilitating disease.
Compulsive hoarding is considered by health care professionals as a new disease that is rapidly spreading throughout the country or become increasingly acknowledged. It is known as OCHD or obsessive compulsive hoarding disorder. Wikipedia defines “compulsive hoarding or pathological hoarding” as the acquisition of, and failure to use or discard, such a large number of seemingly useless possessions that it causes significant clutter and impairment to basic living activities such as mobility, cooking, cleaning, showering or sleeping. A person who engages in compulsive hoarding is commonly said to be a "pack rat", in reference to that animal's apparent fondness for material objects.
Typically, hoarding cases are very difficult to deal with. The individual who is hoarding usually does not want to part with any belongings and views all of their possessions as worthy. It is an extremely painful and morbid thought for the hoarder to part with any items. Also, there seems to be a trend in these cases where the hoarding involves several family members that live together in the dwelling. This adds another layer of difficulty to gaining resolution because we try and contact other family members to help resolve the violations and, often times, they have experienced the same frustrations. In most cases, the property is brought to a minimum compliance standard and then relapses within a few years causing the Inspections Division to start a new case on the property. Although several departments work together on these properties, they continue to demand our time and services. The Inspections Division continues to work on several reoccurring “hoarding” cases throughout the City. The following are photos from various cases that I have personally inspected:
As you can see in the above photograph, the yellow circle shows my location in the dwelling. I am walking through a path which leads to the front door. This shows the magnitude of the items in this property and clearly demonstrates the difficulty rescue workers would have in responding to a 911 call at this location.
The Inspections Division is in the process of beginning to specifically track hoarding cases via our computer program. In years past, we may have had a new hoarding case roughly every 3-6 months. Recently, we are averaging approximately 1 case per month. This is a significant increase and is demanding the Division’s time and resources. The Division is in the process of establishing a “Hoarding Response Team” which will involve several agencies. This team, although in the very beginning stages, will help manage the cases, provide outreach and resources, and will provide a more consistent skilled response in these cases. As this team develops, updates will be provided.
For more information contact Tammy Munson ~ [email protected]
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