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Home My WebLink About2020-11-23 21-031 ORDINANCETitle, Ordinance 21-031 11/23/2020 CITY COUNCIL ACTION Council Meeting Date: November 23, 2020 Item No: 21-031 Responsible Dept.: Planning/Legal Action Requested: Ordinance Map/Lot: N/A Amending Chapter 165, Land Development Code, Section 165, Attachment 2, Schedule A, Urban Developed Area by reducing lot sizes and density requirements for properties in the Urban Residence 1 (URD -1), Urban Residence 2 (URD -2) and Multifamily and Service (M&SD). Summary This Ordinance will amend Chapter 165 of the Land Development Code to reduce lot sizes and increase density for URD -1, URD -2, and M&SD. If approved, this ordinance seeks to both implement the recommendations of the Affordable Housing Workgroup and reduce nonconformities in the residential districts, both of which are intended to encourage the construction of residential dwelling units in the growth areas. The Affordable Housing Workgroup published a list of recommendations in March 2019. One of the recommendations is to review the density requirements in the residential zones to allow for more dwellings in the growth area. Additionally, this ordinance seeks to correct non -conformities within existing zoning districts. In planning practice, nonconformities almost always occur in any district; however often the non -conforming situations produce unwanted results such as limiting residential development as noted. Nonconformities can also lead to blighted conditions as renovations, redevelopment and expansion are often limited by dimensional controls. Committee Action Committee: Business and Economic Development Action: Recommended for Passage Staff Comments & Approvals Meeting Date: November 17, 2020 For: 5 Against: 0 Please note the Planning Board hearing for this matter will be advertised and held on December 15, 2020 and is expected to return to the City Council on December 28, 2020. Ck IV I / - � IIIP14555�� - City Manager City Solicitor Finance Director Introduced for: First Reading and Referral CITY COUNCIL ORDINANCE Date: November 23, 2020 Assigned to Councilor: Fournier 21-031 11/23/2020 ORDINANCE, Amending Chapter 165, Land Development Code, Section 165, Attachment 2, Schedule A, Urban Developed Area by reducing lot sizes and density requirements for properties in the Urban Residence 1 (URD -1), Urban Residence 2 (URD -2) and Multifamily and Service (M&SD). WHEREAS, at present, there is a need to create more housing in Bangor, and the city participated and cooperated in the 2019 Affordable Housing Workgroup; WHEREAS, in order to provide for more residential development in the growth area, where infrastructure, goods and services are prevalent and convenient, non -conforming situations should be reduced; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165, Land Development Code, Section 165, Attachment 2, Schedule A for the City of Bangor is amended as shown on the attached document. Additions are underlined, deletions strue�k threug#. 21-031 NOVEMBER 23, 2020 LAND DEVELOPMENT 165 Attachment 2 City of Bangor Schedule A Urban Developed Area Article XIII, §§ 165-88 through 165-97 [Amended 10-23-1995 by Ord. No. 95-412; 12-27-2000 by Ord. No. 01-64; 9-9-2002 by Ord. No. 02-320; 11-22-2004 by Ord. No. 05- 08; 12-12-2005 by Ord. No. 06-21; 6-26-2006 by Ord. No. 06-226; 11-14-2007 by Ord. No. 07-323; 3-24-2008 by Ord. No. 08-104;5- 9-2011 by Ord. No. 11-131; 12-23-2013 by Ord. No. 14-034; 3-13-2017 by Ord. No. 17-082; 3-27-2017 by Ord. No. 17-103; 9-11-2017 by Ord. No. 17-288; 9-10-2018 by Ord. No. 18-315; 1-14-2019 by Ord. No. 19-0531 NOTES: For one and two dwelling units, 9,00 5,000 square feet; for three dwelling units, 40,500 7500 square feet; and for four dwelling units, 12;000 10 000 square feet. z For the first two dwelling units, 6300 5 000 square feet, plus 1,000 square feet for each additional dwelling unit. '(Reserved) Or the minimum height allowed under federal law, whichever is greater. 'Minimum buffer yard: Type B, C next to a residential district. 'Minimum buffer yard: Type B next to a residential district. 7 Minimum setback for open porches from the front property line is 10 feet. 165 Attachment 2:1 02-01-2019 Minimum Maximum Water Minimum Minimum Minimum Floor Area Maximum Minimum Maximum Minimum Front Yard Side Yard Rear Yard District Height Lot Area Lot Lot Width Depth Depth Depth Zoning Districts (feet) (square feet) Coverage (feet) (feet) (feet) (feet) Urban Residence 1 (URD -1) 35 49,999 2546 35 497 5 24-15'; 5 5 000 35% 50 10' for accessory structure Urban Residence 2 (URD -2) 40 ' 35% 40% 35 297 5 29 15'; 5 50' 10' for accessory structure Multifamily and Service (M 45 z 45% 60 10 10 10 & SD) NOTES: For one and two dwelling units, 9,00 5,000 square feet; for three dwelling units, 40,500 7500 square feet; and for four dwelling units, 12;000 10 000 square feet. z For the first two dwelling units, 6300 5 000 square feet, plus 1,000 square feet for each additional dwelling unit. '(Reserved) Or the minimum height allowed under federal law, whichever is greater. 'Minimum buffer yard: Type B, C next to a residential district. 'Minimum buffer yard: Type B next to a residential district. 7 Minimum setback for open porches from the front property line is 10 feet. 165 Attachment 2:1 02-01-2019 Minimum Maximum Water Maximum Impervious Setback Floor Area Surface Ratio (feet) Ratio 0.75 &=F5 .8 0.85 1.0 NOTES: For one and two dwelling units, 9,00 5,000 square feet; for three dwelling units, 40,500 7500 square feet; and for four dwelling units, 12;000 10 000 square feet. z For the first two dwelling units, 6300 5 000 square feet, plus 1,000 square feet for each additional dwelling unit. '(Reserved) Or the minimum height allowed under federal law, whichever is greater. 'Minimum buffer yard: Type B, C next to a residential district. 'Minimum buffer yard: Type B next to a residential district. 7 Minimum setback for open porches from the front property line is 10 feet. 165 Attachment 2:1 02-01-2019 COMMUNITY & E+CONO I IC DEVELOPMENT CITY OF BANGOR. PLANNING DIVISION Memorandum To: Honorable Bangor City Council Cathy Conlow, City Manager From: Anne M Krieg AICP, Planning Officer Date: December 16, 2020 CC: Tanya Emery, Director of Community and Economic Development Joshua Saucier, Assistant City Solicitor Jeff Wallace, Code Enforcement Officer Re: Planning Board Recommendation December 15, 2020 Land Development Code Amendment — Residential District Dimensional Requirements Please accept this memorandum as the recommendation from the Planning Board for the noted item. The Planning Board considered this item in a noticed public hearing on December 15, 2020. The meeting was conducted using the city's Zoom account. The Board was instructed on the background of the proposed amendments. This work emanated form the recommendations from the Affordable Housing Work Group published in March 2019. Staff performed an analysis of residential zones to determine average lot sizes, and took a more conservative number for an allowance for minimum lot sizes in URD -1 and URD -2 as well as density controls for multifamily projects. When there is a significant amount of non -conformity, this constricts improvements including additions and renovations. This amendment will bring more lots into (or closer) to conformity. This amendment allows owners to make property improvements which enriches the neighborhood. This also allows for in -fill development in neighborhoods where there are "double lots." There were no public comments. Member Meager moved to recommend to City Council the noted language change ought to pass, Schedule A — Residential Districts Lot Sizing. The motion was seconded by Member Hogan. A roll call vote was taken: Perkins, yes; Meagher, yes; Brush, yes; Shaw, yes; Hogan, yes; Huhn, yes. ,TIN 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW. BANG ORMAINE.GOV IN CITY COUNCIL NOVEMBER 23,2020 COrd 21-031 Motion made and seconded for First Reading and Referral to Planning Board Meeting of December 15,2020 Vote: 9—0 Councilors Voting Yes: Davitt,Dubay,Fournier, Hawes,Nichols, Okafor, Schaefer, Sprague, Trmble Councilors Voting No: None Passed 2�y- Z' CIT LERK IN CITY COUNCIL DECEMBER 28,2020 Cord 21-031 Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes: Davitt,Dubay,Fournier, Hawes,Nichols, Okafor, Schaefer, Sprague,Trmble Councilors Voting No: None Passed ClTi'bL]CRW