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HomeMy WebLinkAbout2021-06-28 21-259 ORDINANCE21-259 6/28/2021 CITY COUNCIL ACTION Council Meeting Date: June 28, 2021 Item No: 21-259 (Amended) Responsible Dept: Planning Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending Chapter 165, Land Development Code, Attachment 2, Schedule A Urban Developed Area by changing some dimensional controls and parking requirements in the Multifamily and Service District (M&SD). Summary This Ordinance amendment will reduce dimensional controls and parking requirements for Multifamily and Service District (M&SD) and allow for the development of new housing units in M&SD. In 2020, the City adopted Ordinance 21-31, which reduced lot sizes in M&SD. However, there are still a number of properties in M&SD that do not meet the reduced lot standards for this district. This non -conforming situation means that there still exists a number of properties in M&SD where renovations are limited, and it is curbing the creation of units in a district that was intended to bring more apartment units to Bangor. This ordinance will be a continuation the council's prior goal to create more units and bring properties into conformance. Parking requirements are also modified in this ordinance, as was recommended by the Affordable Housing Workgroup. This Ordinance is necessary for the planned development of six affordable housing units, and the financing for that project is contingent upon the immediate approval hereof. Given the lack of affordable housing and the detriment to the public peace, health or safety caused by that lack of housing, this Ordinance is being introduced for second reading as an emergency measure pursuant to Article V. Section 1 of the Bangor City Charter. Committee Action Committee: Planning Board Action: Recommend Ought to Pass Staff Comments & Approvals Special July 13, 2021 Meeting Date: For: 4 City Manager City Solicitor Introduced for: First Reading and Referral Against: 1 Finance Director 21-259 6/28/2021 CITY COUNCIL ORDINANCE Date: October June 28, 2021 Assigned to Councilor: Schaefer ORDINANCE, Amending Chapter 165, Land Development Code, Attachment 2, Schedule A Urban Developed Area by changing some of the dimensional controls and parking requirements in the Multifamily and Service District (M&SD). WHEREAS, at present, there are a large number of properties in the M&SD that do not meet dimensional requirements; WHEREAS, at present, there are properties proposed to be renovated and improved to create units in this district; WHEREAS, the requirements in M&SD remain too restrictive, including parking requirements; and WHEREAS, the City Council has a policy to create residential units where feasible; WHEREAS, there is a shortage of affordable housing in Bangor and such shortage is detrimental to the public peace, health, and safety; WHEREAS, if this ordinance is not immediately effective, Bangor will lose at least one affordable housing development, the financing for which is contingent upon code enforcement approval; WHEREAS, the loss of such development presents an immediate threat to the public peace, health, or safety; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT § 165-72 Required number of spaces. A minimum number of off-street parking spaces shall be provided and maintained by the owner of every building or property hereafter erected, altered or changed in use, in accordance with the following requirements: E. All other dwellings: 1 1/2 spaces per dwelling unit, except that in the Multifamily and Service District, the requirement is one space per dwelling unit. eentaining eight eF feweF dwelling units shall have twe spaees peF dwelling w4t-. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR, THAT Chapter 165, Attachment 2, Schedule A of the Code of the City of Bangor is amended as shown on the attached. 21-259 6/28/2021 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR, THAT The ongoing shortage of affordable housing combined with the fact that, if this ordinance does not take immediate effect, the City will lose at least one affordable housing development containing at least six units, constitutes an emergency, and the actions contemplated in this Ordinance are therefore immediately necessary for the preservation of the public peace, health or safety. This Ordinance is therefore enacted as an emergency measure pursuant to Article V. Section 1 of the Bangor City Charter. IN CITY COUNCIL JUNE 28,2021 Cord 21-259 Motion made and seconded for First Reading and Referral to Planning Board of July 13,2021 Vote: 9—0 Councilors Voting Yes: Davitt, Dubay,Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague,Tremble Councilors Voting No: None Passe CITY CLERK IN CITY COUNCIL JULY 19,2021 COrd 21-259 Motion made and seconded for Passage Motion made and seconded to Amend by Substitution Passed Motion made and seconded for Passage as Amended Vote: 9—0 Councilors Voting Yes: Davitt,Dubay,Fournier,Hawes,Nichols,Okafor, Schaefer, Sprague,Tremble Councilors Voting No: None Passed ) j zd CIT CLE Memorandum Edited in bold italics 7.19.21 by Planning Officer Krieg to correct the record To: Honorable Bangor City council Cathy Conlow, City Manager CC: Tanya Emery, Director of Community & Economic Development Jeff Wallace, Code Enforcement Officer Josh Saucier, Assistant City Solicitor Anja Collette, Planning Analyst From: Anne Krieg AICP, Planning Officer Date: July 14, 2021 Regarding: Amending Chapter 165, Land Development Code, by modifying the dimensional requirements in the Multifamily and Service District (M&SD) to reduce the lot size, setbacks and lot coverage requirements. This is a staff - led amendment for Council and Planning Board consideration. Please accept this memorandum as the recording and explanation of the Planning Board action on the above noted item at their requisite public hearing dated July 13, 2021. This was a special meeting outside their normal schedule. The meeting was conducted in person with the Board members Lisa Shaw, Mike Bazinet, Don Meagher and the Chair Ken Huhn present in the room. Reese Perkins attended the meeting on Zoom as he was out of town. The advertisement and posting were noted the meeting would be on Zoom; thus Zoom was available to interested parties as well. Planning Officer Anne Krieg, Planning Analyst Anja Collette, Development Assistant Mel Bickford and Assistant Solicitor Josh Saucier were also present at the meeting. Planning Officer Krieg presented the proposed change to the Board, as it was a staff -led amendment. She noted the following points from the staff memo: A. This amendment is a staff led proposal to provide more relief from some of the dimensional controls in the Multifamily and Service District. It also reduces the parking in this district. B. These changes have been anticipated for some time, emanating from the Affordable Housing Work Group in 2018. The last set of dimensional control changes that was ratified last year did make some changes; however we knew we would be asking for more changes. Last year, we were attempting to perform gradual reductions to see the results. City of Bangor Planning Division Planning Board action summary Changes to M&SD C. We found that the URD-1 & 2 changes have been most helpful; however the M&SD changes did not provide the level of assistance to accommodate the development we were hoping to encourage. D. The time sensitivity of this amendment is due to a possible project with Community Housing of Maine (CHOM) to place additional units in a building on Ohio Street. This location and the provision of units is exactly what we were hoping to see as a result of the work of the Affordable Housing Work Group. E. Again, this proposal stems from the recent Affordable Housing Work Group recommendations to increase density in the multifamily district to encourage the creation of residential dwelling units where feasible and near the core business district and services. F. These recommendations were received by City Council and have served as a reasonable basis for Land Development Code changes since the recommendations were published. Additionally, Krieg added that multifamily projects trigger both a Land Development Permit and Subdivision review (under state statute) so there will be opportunity for Board/public review. Member Perkins reviewed his initial concern with the side setback as low but in hearing about the process, he felt more comfortable. Parking requirements were also discussed as to whether they would be adequate. Krieg responded that in speaking with apartment owners, 1 space is adequate. She indicated she did not offer this change to all districts because she has not completed an analysis of other residential types as attached dwellings to determine their market needs. She added she takes care in offering zoning changes that are either technical in nature, or, stem from a recently accepted plan as the Affordable Housing Work Group. The reason for this hesitancy is we are entering a process to update the comprehensive plan, which in part functions as the basis for zoning. A motion was made by Member Meagher that the noted amendment ought to pass. The motion was seconded by Member Bazinet. A roll call vote was taken. All were ;n favor of the Motion. The motion passed; the vote was 4:1 with Member Perkins dissenting. Member Perkins dissented because he saw the setback reduction as possibly making it difficult to work on the building. This was the only part of the change he was against. amk Page 212 21-259 6/28/2021 CITY COUNCIL ACTION Council Meeting Date: June 28, 2021 Item No: 21-259 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending Chapter 165, Land Development Code, Attachment 2, Schedule A Urban Developed Area by changing some dimensional controls and parking requirements in the Multifamily and Service District (M&SD). Summary This Ordinance amendment will reduce dimensional controls and parking requirements for Multifamily and Service District (M&SD) and allow for the development of new housing units in M&SD. In 2020, the City adopted Ordinance 21-31, which reduced lot sizes in M&SD. However, there are still a number of properties in M&SD that do not meet the reduced lot standards for this district. This non -conforming situation means that there still exists a number of properties in M&SD where renovations are limited, and it is curbing the creation of units in a district that was intended to bring more apartment units to Bangor. This ordinance will be a continuation the council's prior goal to create more units and bring properties into conformance. Parking requirements are also modified in this ordinance, as was recommended by the Affordable Housing Workgroup. Committee Action Committee: Planning Board Action: Staff Comments & Approvals Special July 13, 2021 Meeting Date: For: Against: As this is an amendment to the Land Development Code, it should also be referred to the Planning Board special meeting of July 13, 2021. in �� _�" pj:9_71�_ City Manager City Solicitor Introduced for: First Reading and Referral Finance Director 21-259 6/28/2021 CITY COUNCIL ORDINANCE Date: October June 28, 2021 Assigned to Councilor: Schaefer ORDINANCE, Amending Chapter 165, Land Development Code, Attachment 2, Schedule A Urban Developed Area by changing some of the dimensional controls and parking requirements in the Multifamily and Service District (M&SD). WHEREAS, at present, there are a large number of properties in the M&SD that do not meet dimensional requirements; WHEREAS, at present, there are properties proposed to be renovated and improved to create units in this district; WHEREAS, the requirements in M&SD remain too restrictive, including parking requirements; and WHEREAS, the City Council has a policy to create residential units where feasible; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT § 165-72 Required number of spaces. A minimum number of off-street parking spaces shall be provided and maintained by the owner of every building or property hereafter erected, altered or changed in use, in accordance with the following requirements: E. All other dwellings: 1 1/2 spaces per dwelling unit, except that in the Multifamily and Service District, the requirement is one space per dwelling unit. eentaining eight eF feweF dwelling units shall have twe spaees peF dwelling unit-. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR, THAT Chapter 165, Attachment 2, Schedule A of the Code of the City of Bangor is amended as shown on the attached. 21-259 JUNE 28, 2021 LAND DEVELOPMENT 165 Attachment 2 City of Bangor Schedule A Urban Developed Area Article XIII, §§ 165-88 through 165-97 Minimum Minimum Minimum Minimum Maximum Minimum Maximum Minimum Front Yard Side Yard Rear Yard Maximum Water Maximum District Height Lot Area Lot Lot Width Depth Depth Depth Impervious Setback Floor Area Zoning Districts (feet) (square feet) Coverage (feet) (feet) (feet) (feet) Surface Ratio (feet) Ratio Multifamily and Service (M 45 2 4M%50% 60-50 10 4-5 40-5 0.85 4 o - & SD) NOTES: 2 For the first two dwelling units, 5,000 square feet, plus 4-,OW 250 square feet for each additional dwelling unit. 165 Attachment 2:1 02 - 0I - 2019 Planning Division Memorandum To: Honorable Bangor City council Cathy Conlow, City Manager CC: Tanya Emery, Director of Community & Economic Development Jeff Wallace, Code Enforcement Officer Josh Saucier, Assistant City Solicitor Anja Collette, Planning Analyst From: Anne Krieg AICP, Planning Officer Date: July 14, 2021 Regarding: Amending Chapter 165, Land Development Code, by modifying the dimensional requirements in the Multifamily and Service District (M&SD) to reduce the lot size, setbacks and lot coverage requirements. This is a staff- led amendment for Council and Planning Board consideration. Please accept this memorandum as the recording and explanation of the Planning Board action on the above noted item at their requisite public hearing dated July 13, 2021. This was a special meeting outside their normal schedule. The meeting was conducted in person with the Board members Lisa Shaw, Mike Bazinet, Don Meagher and the Chair Ken Huhn present in the room. Reese Perkins attended the meeting on Zoom as he was out of town. The advertisement and posting were noted the meeting would be on Zoom; thus Zoom was available to interested parties as well. Planning Officer Anne Krieg, Planning Analyst Anja Collette, Development Assistant Mel Bickford and Assistant Solicitor Josh Saucier were also present at the meeting. Planning Officer Krieg presented the proposed change to the Board, as it was a staff-led amendment. She noted the following points from the staff memo: A. This amendment is a staff led proposal to provide more relief from some of the dimensional controls in the Multifamily and Service District. It also reduces the parking in this district. B. These changes have been anticipated for some time, emanating from the Affordable Housing Work Group in 2018. The last set of dimensional control changes that was ratified last year did make some changes; however we knew we would be asking for more changes. Last year, we were attempting to perform gradual reductions to see the results. City of Bangor Planning Division Planning Board action summary Changes to M&SD C. We found that the URD-1 & 2 changes have been most helpful; however the M&SD changes did not provide the level of assistance to accommodate the development we were hoping to encourage. D. The time sensitivity of this amendment is due to a possible project with Community Housing of Maine (CHOM) to place additional units in a building on Ohio Street. This location and the provision of units is exactly what we were hoping to see as a result of the work of the Affordable Housing Work Group. E. Again, this proposal stems from the recent Affordable Housing Work Group recommendations to increase density in the multifamily district to encourage the creation of residential dwelling units where feasible and near the core business district and services. F. These recommendations were received by City Council and have served as a reasonable basis for Land Development Code changes since the recommendations were published. Additionally, Krieg added that multifamily projects trigger both a Land Development Permit and Subdivision review (under state statute) so there will be opportunity for Board/public review. Member Perkins reviewed his initial concern with the side setback as low but in hearing about the process, he felt more comfortable. Parking requirements were also discussed as to whether they would be adequate. Krieg responded that in speaking with apartment owners, 1 space is adequate. She indicated she did not offer this change to all districts because she has not completed an analysis of other residential types as attached dwellings to determine their market needs. She added she takes care in offering zoning changes that are either technical in nature, or, stem from a recently accepted plan as the Affordable Housing Work Group. The reason for this hesitancy is we are entering a process to update the comprehensive plan, which in part functions as the basis for zoning. A motion was made by Member Meagher that the noted amendment ought to pass. The motion was seconded by Member Bazinet. A roll call vote was taken. All were in favor of the motion. amk Page 2 | 2