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HomeMy WebLinkAbout2019-01-28 19-085 ORDINANCEOrdinance, CITY COUNCIL ACTION Council Meeting Date: 01-28-2019 Item No: 19-085 Responsible Dept: Planning 19-085 01/28/2019 Map/Lot: R41- 01C Amending Chapter 165, Land Development Code, 850 Broadway - from Low Density Residential District (LDR) to High Density Residential District (HDR). Summary The proposed zone change will amend the zoning at 850 Broadway. The applicant, Winifred Schuetz, dba The Oak Point Realty Trust, seeks to market the property as a high density residential site. The High Density Residential District will allow for more units, increased density and taller buildings. Committee Action Committee: Planning Board Action Staff Comments & Approvals City Manager Introduced for: Meeting Date: February 5, 2019 For: Against: Finance Director CITY COUNCIL ORDINANCE Date: January 15, 2019 Assigned to Councilor: Sprague 19-085 01/28/2019 ORDINANCE, Amending Land Development Code — Amending Chapter 165, Land Development Code, B50 Broadway - from Low Density Residential District to High Density Residential District. WHEREAS, 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 on Broadway (Tax Map No. R41, Parcel 1-C) from Low Density Residential District to High Density Residentail District Said parcel containing approximately 6 acres and being more particularly indicated on the map attached hereto and made a part hereof. 19-085 JANUARY 28, 2019 Memo To: The Honorable City Council From: David G. Gould, Planning Officer Date: February 6, 2018 Re: Amending Zoning Ordinance 850 Broadway — Low Density Residential District (LDR) to High Density Residential District (HDR) — C.O. 19-085 Please be advised that the Planning Board at its meeting on February 5, 2019 held a Public Hearing on the above zone change request. Chairman Kenneth Huhn asked the applicant or their representative to make a brief presentation of the request. John Hamer of Rudman-Winchell presented the application. Mr. Hamer noted that this is a vacant wooded 6 -acre parcel, surrounded by institutional uses, Husson University and St. Joseph's Medical Center. He noted that the area has changed substantially over the years, shifting toward these and commercial uses from the previous homogenous residential use. Other residential uses nearby are zoned both LDR and HDR. His client, the owners, are selling the property and feel that LDR no longer seems appropriate, given its surroundings, and that HDR is much more appropriate. Mr. Hamer further noted that this area is shown in the Comprehensive Plan as being located on the edge of a transition area from the Kenduskeag Stream, where this would be the more dense side along Broadway. Member Kenney asked how many units would be allowed on this property if it was rezoned. Mr. Hamer responded that HDR allows 12 units per acre, for a total of 72. However, he believes that realistically the developable number will be less given setback, etc. He noted that his client does not have any plans to develop the property, they just wish to rezone. Chair Huhn asked for proponents and opponents to the application. There were none. Member Kenney stated that his main concern about this proposal was traffic on this stretch of Broadway. He believed that 72 units would add a lot of traffic through this narrow, two-lane stretch of road. Mr. Kenney asked for comment from the City Engineer. City Engineer John Theriault explained that residential units generally produce 1 trip per peak hour. He noted that this in itself would not be a significant impact to Broadway, but that entering and exiting / turning traffic might have a difficult time here. Otherwise he felt that the impact would likely not be noticeable. Member Kenney asked how many units would be allowed in LDR versus the 72 allowed in HDR. Planning Officer Gould answered that LDR allows for 5 units per acre, for a total of 30 units. He noted that building height and other characteristics of development could be more intense with HDR vs. LDR, even something like a mobile home park would be allowed in HDR. Mr. Gould further noted that the nearby Orchard Hills complex was zoned LDR and would be a good example of what could be allowed in the LDR zone. Member Shaw asked that applicant what problem this requested change is attempting to address. Mr. Hamer indicated that the owner has received questions regarding the zoning during sales discussions and feels that this zone change would make the property more marketable. Member Kenney made a motion that the Planning Board recommend approval of Zone Change request at 850 Broadway from LDR to HDR to the City Council. Member Brush seconded the motion. The Board voted 4 in favor, 3 opposed to the motion, so the Board recommends the Council approve the rezoning. Chair Huhn asked members voting against the motion to state their reasons for doing so. Member Hogan stated that she had concerns with traffic impacts from the potential development and believes that the density allowed in LDR, similar to Orchard Hills, is suitable. Member Shaw stated that she felt that the plan deviates from the Comprehensive Plan and that the change is significant enough to warrant concern. Member Kenney stated that he was also concerned about traffic impacts to this stretch of Broadway and the significant increase in intensity of development this change would allow. pa IN CITY COUNCIL JANUARY 28, 2019 COr 19-085 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF FEBRUARY 5, 2019 67 CITY CLERK 4r IN CITY COUNCIL FEBRUARY 11, 2019 COr 19-085 MOTION MADE AND SECONDED FOR PASSAGE MOTION MADE AND SECONDED TO POSTPONE TO NEXT MEETING DOUBTED VOTE: 2-7 COUNCILORS VOTING YES: GRAHAM, TREMBLE COUNCILORS VOTING NO: DAVITT, NEALLEY, SCHAEFER, SPRAGUE, SUPICA, WESTON, NDCHOLS MOTION TO POSTPONE FAILED VOTE: 8-1 COUNCILORS VOTING YES: DAVITT, NEALLEY, SCHAEFER, SPRAGUE, SUPICA, TREMBLE, WESTON, NICHOLS COUNCILORS VOTING NO: GRAHAM PASSED COTY CLERKf