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Home My WebLink About2021-11-08 22-005 ORDINANCE22-005 11/8/2021 CITY COUNCIL ACTION Council Meeting Date: November 8, 2021 Item No: 22-005 Responsible Dept: Planning Action Requested: Ordinance/Map Change Map/Lot: 035-019 Title, Ordinance Amending Chapter 165, Land Development Code, District Map by Changing the Parcel of Land addressed at 76 Patten Street from Urban Residence 1 (URD-1) to Urban Residence 2 (URD-2) Summary This ordinance amendment would change the zoning on a parcel of land addressed at 76 Patten Street from Urban Residence 1 (URD-1) to Urban Residence 2 (URD-2). The applicants are Nate & Chloe Lewis of 9 Deer Pond Lane in Bangor. The lot currently contains a 2-unit building, and the owners desire to replace that building with a new duplex. This zone change would allow them to do so and conform with zoning requirements. The Comprehensive Plan shows the lot is as URD-1, and the neighborhood contains a mix of zoning that is mostly URD-1 with some URD-2 with most of the neighborhood having 2-unit buildings. Committee Action Committee: Planning Board Action Staff Comments & Approvals Meeting Date: November 16, 2021 For: Against: Referral to the Planning Board meeting of November 16, 2021. r City Manager Introduced for: First Reading and Referral City Solicitor S' -- --1 - �� Firrance Director 22-005 11/8/2021 CITY COUNCIL ORDINANCE Date: November 8, 2021 Assigned to Councilor: ORDINANCE, Amending Chapter 165, Land Development Code, and District Map by Changing the Parcel of Land addressed at 76 Patten Street from Urban Residence 1 (URD-1) to Urban Residence 2 (URD-2). WHEREAS, at present, the area contains multi -family residences and is conveniently located to goods and services; WHEREAS, the lot currently contains a 2-unit building, and the owners desire to replace that building with a new duplex; WHEREAS, this zone change would allow them to do so and conform with zoning requirements; WHEREAS, while the Comprehensive Plan shows the lot is as URD-1, and the neighborhood contains a mix of zoning that is mostly URD-1 with some URD-2, the neighborhood contains mostly 2-unit buildings; and WHEREAS, the City Council has specific goals to encourage affordable housing and multi -family housing where appropriate; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor is amended as follows: The Zoning District Map is hereby changed by changing the parcel addressed at 76 Patten Street and as shown on Map 35, Lot 19 from Urban Residence 1 (URD-1) to Urban Residence 2 (URD-2). COMMUNITY &ECONOMIC DEVELOPMENT CITY OF BANGOR PLANNING DIVISION Memorandum To: Honorable Bangor City Council Deb Laurie, Acting City Manager From: Anne M Krieg AICP, Planning Officer Date: November 17, 2021 CC: Courtney O'Donnell, Assistant City Manager Tanya Emery, Director of Community and Economic Development Joshua Saucier, Assistant City Solicitor Jeff Wallace, Code Enforcement Officer Planning Board members Re: Planning Board Recommendation November 16, 2021 Zone Change — 76 Patten Street — Map -Lot 035-019 — from Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2) —Applicant: Nate & Chloe Lewis o/b/o Louie Lewis Properties, LLC. 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 November 16, 2021. The meeting was conducted in the Council Chambers at City Hall. Members in attendance were the Chair, Ken Huhn, and Members Reece Perkins, Lisa Shaw, Don Meagher, John Kenney and Ted Brush. The applicant, Nate Lewis, presented the application. He clarified the request that he is seeking to place an additional 2 family dwelling on the lot, which would be allowed in the URD-2. Please note the Council Order needs to be corrected to this effect. The Board discussed development options for the property with the applicant. The Board discussed the appropriateness of the request. Member Perkins indicated the Board is compelled to adhere to the Comprehensive Plan and this property is shown as URD-1. He also reviewed the definition of spot zoning and noted these requests are spot zoning, requests that the city should not allow. He added that the Affordable Housing Workgroup indicated the city needs to do a housing inventory which hasn't been completed. He noted that this neighborhood could become URD-2, but it shouldn't be done piecemeal. He further noted that the applicant could put in a dwelling with an Accessory Dwelling Unit and the city put in the ADU policy for this purpose. The creation of an additional unit with this change does not justify spot zoning or going against the Comprehensive Plan. Member Perks also cautioned that a precedent may be set with these reviews. Other members opined that they understood Member Perkins concerns. They countered that the city has started a Comprehensive Plan and the process and implementation will take time, and notably, Member Meagher did not want to hold up people from creating units in the meantime. 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANG ORMAINE.GOV CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL 76 Patten Street Other members noted that the Comprehensive Plan is out of date and that this neighborhood has a lot of non -conforming homes (that is dwelling with more than one unit). Other members added that the City Council has indicated the need to create units where feasible and reasonable. The designation of URD-2 brings many lots into conformity. When asked, staff did not make a definite recommendation but rather reiterated some of the comments made by others. This included that the Affordable Housing Plan does indicate the city needs to create units and also that we are in a limbo period of an out of date Comprehensive Plan. It is also a compelling argument that this limbo period should not limit people from requesting zoning changes. Staff also indicated to the Board that there is no precedent with zoning requests — they should be reviewed on their own merits, and additionally, if the change is not granted, there remains some use to the property. Upon further reflection after the meeting, spot zoning is always a planner's concern with zone changes. It should be noted that lots proposed to be rezoned that, in part, bring them into conformity helps the argument supporting a lot by lot analysis. Bringing lots into conformity where it make sense, and also adds to the housing stock, is current good planning practice. Further, the period between the ending of a Comprehensive Plan and the process for rewriting a Comprehensive Plan is difficult and awkward; however as long as the city is diligently reviewing the application, having these conversations as part of the public process, then this period need not be seen as negative. The recent date (2018/19) and acceptance of the Affordable Housing Workgroup recommendations assist in supporting land use policy for residential districts. After a good discussion amongst the members, Member Brush made a motion, with a second from Member Shaw, to recommend to the City Council that the zone change ought to pass. The motion carried with Huhn, Shaw, Kenney, Meagher and Brush in favor and Perkins dissenting. amk Page 212 IN CITY COUNCIL NOVEMBER 8, 2021 COrd 22-005 First Reading and Referral to Planning Board Meeting of November 16, 2021 CITY CLERK IN CITY COUNCIL NOVEMBER 22, 2021 COrd 22-005 Motion made and seconded for Passage Motion made and seconded to Postpone Indefinitely Vote: 7 – 0 Councilors Voting Yes: Hawes, Okafor, Schaefer, Sprague, Tremble, Yacoubagha, Fournier Councilors Voting No: None Passed to Postpone Indefinitely CITY CLERK