HomeMy WebLinkAbout2021-11-22 22-024 ORDINANCE22-024 11/22/2021
CITY COUNCIL ACTION
Council Meeting Date: November 22, 2021
Item No: 22-024
Responsible Dept: Planning
Action Requested: Ordinance/Map Change Map/Lot: 034/070
Title, Ordinance
Amending Chapter 165, Land Development Code, District Map by Changing the Parcel of Land addressed at
26 Fifth Street from Urban Residence 2 (URD-2) to Multifamily and Service District (M&SD).
Summary
This ordinance amendment would change the zoning on a parcel of land addressed at 26 Fifth Street from
Urban Residence 2 (URD-2) to Multifamily & Service District (M&SD). The applicants are Dakota Jewett and
Tiffany Ricci.
The 2012 Comprehensive Plan shows the lot is as a higher density zoning, thus this request is in keeping with
the intent of the plan.
Committee Action
Committee: Planning Board
Action
Staff Comments & Approvals
Referral to the Planning Board meeting of December 7, 2021.
City Manager
Introduced for: First Reading and Referral
Meeting Date:
December 7, 2021
For: Against:
City Solicitor
Finance Director
22-024 11/22/2021
CITY COUNCIL ORDINANCE
Date: November 22, 2021
Assigned to Councilor: Okafor
ORDINANCE, Amending Chapter 165, Land Development Code, District Map by Changing the Parcel of Land
addressed at 26 Fifth Street from Urban Residence 2 (URD-2) to Multifamily and Service District (M&SD).
WHEREAS, at present, the area contains a mix of multi -family residences and is conveniently located to
goods and services;
WHEREAS, the 2012 Comprehensive plan shows this lot and area as a higher density residential use; 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 26 Fifth Street and as shown
on Map 034, Lot 070 from Urban Residence 2 (URD-2) to Multifamily and Service District (M&SD).
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22-024
NOVEMBER 22. 2021
§ 165-90. Multifamily and Service District (M & SD).
A. Statement of purpose. The Multifamily and Service District is
established to stabilize and protect the essential characteristics
of certain high -density residential areas located near the central
part of the City and to promote and encourage, insofar as
compatible with the intensity of land uses, a suitable environment
for family life. Development in this district includes all types of
residential use as well as certain service uses limited to locations
along major arterial streets.
B. Basic requirements. Buildings or land used or occupied and
buildings or structures erected, constructed, reconstructed,
moved or structurally altered, whether permitted uses or
conditional uses, shall comply with the requirements of this
section, Articles II through XII and the specific development
standards of Article XIX of this chapter.
C. Permitted uses. The following uses are permitted in this district:
[Amended 12-27-2000 by Ord. No. 01-611
(1) One -family, two-family and multifamily detached dwellings.
(2) Personal services establishment, with no more than one
service provider! [Added 5-8-2017 by Ord. No. 17-1461
(3) Day-care center (small or large). [Amended 3-13-2017 by
Ord. No. 17-0961
(4) Home occupations or professions (subject to the
requirements of Article IV).
(5) Community living arrangements, in accordance with 30-A
M.R.S.A. § 4357-A, as may be amended.
(6) Accessory uses on the same lot and customarily incidental to
and subordinate to the above uses or to an approved
conditional use under Subsection D below.
D. Conditional uses. Subject to Planning Board approval under the
provisions of § 165-9, the following uses may be permitted in this
district:
(1) Boarding and rooming houses, bed -and -breakfasts, nursing
homes, places of worship, schools conducted as a gainful
business and funeral homes, subject to the requirements of
1. Editor's Note: Former Subsection C(2), Group day-care or nursery school, was repealed
3-13-2017 by Ord. No. 17-096.
1
22-024
NOVEMBER 22. 2021
§ 165-90 § 165-90
§ 165-9 and Article XIX of this chapter. [Amended
12-27-2000 by Ord. No. 01-61; 6-27-2011 by Ord. No.
11-1911
(2) Congregate housing subject to the requirements of § 165-9
and Article XIX of this chapter.
(3) Business offices, professional offices, personal services
establishments, and community service organizations which
meet the requirements of § 165-9 and Article XIX of this
chapter and which: [Amended 5-8-2017 by Ord. No.
17-1461
(a) Do not exceed 3,000 square feet in gross floor area.
(b) Are located on a major arterial street as defined in Article
II of this chapter.
(c) Meet the off-street parking requirements of Article X
without a variance for any required spaces.
(4) For historic landmarks and all principal use buildings within
historic districts as designated under the provisions of
Chapter 148, Historic Preservation, § 148-5 of the Code of the
City of Bangor which meet the requirements of § 165-9.
[Amended 6-27-2011 by Ord. No. 11-1911
(a) Any business office or professional office.
(5) Office reuse. Existing buildings in the Multifamily and Service
District may be used for business and professional office uses,
subject to the following:
(a) No additional floor area is added to the gross floor area of
the building which existed at the time of passage of this
chapter.
(b) The total gross floor area in the building devoted to such
office use shall not exceed 6,500 square feet.
(c) Off-street parking shall be provided under the terms of
this chapter without a variance for any number of
required spaces.
(d) The exterior facade of the building will not be altered to
depart from its traditional architectural style, and
existing facade adaptations not in keeping with the rest of
the building shall be restored to a more compatible
treatment.
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22-024
NOVEMBER 22. 2021
§ 165-90 § 165-90
(e) All substandard conditions on the site shall be corrected,
if physically possible, including:
[1] Elimination of unnecessary nonconforming signs and
removal of other accessory structures.
[2] Elimination of excess curb cuts and narrowing of
excessively wide curb cuts.
[3] Provision of planting and landscaping as provided
elsewhere in this chapter.
[4] Provision of planting and landscaping in the
esplanade area within the public right-of-way along
the full frontage of the property or any property to be
used in conjunction with the proposed use.
[5] Elimination of lighting not conforming to the
requirements of this chapter.
[6] The paving of unpaved parking and driveway areas.
[7] The restoration of the exterior of the building or any
accessory buildings to meet the requirements of the
minimum property maintenance standards of the
City's BOCA Building Code.2
[8] Repair of sidewalk in front of the property.
(f) The building is located on a major arterial street as
defined in Article II of this chapter.
E. Prohibited uses. Any use not specifically permitted in this section
or in Articles II through XII of this chapter is prohibited.
2. Editor's Note: See also Ch. 81, Building Code, and Ch. 223, Property Maintenance.
3
22-024
NOVEMBER 22. 2021
§ 165-6. Amendments.
This chapter may be amended in accordance with the laws of the
State of Maine and the Charter and ordinances of the City of Bangor
and in accordance with the following requirements and procedures:
A. Initiating an amendment. [Amended 1-9-2017 by Ord. No.
17-055; 12-28-2020 by Ord. No. 21-0301
(1) Preapplication meeting.
(a) All applicants for a map amendment are required to
attend a preapplication meeting.
(b) A preapplication meeting is for review of the district
maps, comparison of the proposed amendment to the
Comprehensive Plan, and any other pertinent information
affecting the proposed map amendment.
(c) Planning staff shall schedule and document the meeting.
(d) The Planning Officer may, at his or her sole discretion,
waive the requirement for a preapplication meeting for
good cause shown.
(2) Map amendment (zoning change). An amendment to the
district designation established pursuant to this chapter shall
be initiated by the completion and filing of a form for such
purpose with the Planning Division, City Hall, Bangor, Maine,
together with an application processing fee in such an
amount as may be established from time to time by the City
Council by Council order. The format and number of copies of
the form submitted shall be as set by the Staff Coordinator.
The application processing fee is in addition to any
advertising fee which may also be established by the City
Council. If the applicant voluntarily proffers, in writing,
reasonable conditions or restrictions under contract zoning, a
list of all such proposed conditions or restrictions shall be
included with the application form. Any applicant for such
change in district designation must have standing as an
applicant under the provisions of this chapter for the area
subject to such change request.
(3) Text amendment (amendment to the Land Development
Code). Amendments to this chapter shall be initiated by
request of the Planning Board, the City Council or the City
Manager.
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22-024
NOVEMBER 22. 2021
§ 165-6
§ 165-6
B. Processing. After an amendment has been initiated, the Planning
Officer shall place the request on the agenda of the next regular
meeting of the City Council, allowing a minimum of three days for
preparation of all necessary documents prior to the closing of any
Council agenda. At the same time the Planning Officer shall take
all action necessary to schedule a public hearing to be conducted
by the Planning Board on the requested amendment. Pending
receipt of a report of the Planning Board's recommendations, the
City Council shall take no further action on the proposed
amendment. [Amended 1-9-2017 by Ord. No. 17-0551
C. Public hearing. The Planning Board shall hold a public hearing
within 60 days of receipt of such application by the Planning
Officer. Prior to said public hearing and in accordance with the
requirements of this chapter and the laws of the State of Maine,
the Planning Board shall give proper notice of said hearing.
[Amended 1-9-2017 by Ord. No. 17-0551
(1) Said notice shall include, but not be limited to, the following
information:
(a) Date, time and place of said hearing.
(b) For map amendments, a summary or map of the proposed
amendment, and a list of all proposed conditions or
restrictions.
(c) For text amendments, a list of all additions and deletions
to the Land Development Code.
(2) Said notice shall be posted in City Hall at least 13 days prior
to the public hearing and shall be published twice in a daily
newspaper of general circulation in the City of Bangor. The
first publishing date shall be at least 12 days in advance of
said hearing and the second one at least seven days. For map
amendments, said notice shall also be sent by United States
Mail to all persons initiating the proposed amendment and to
all persons owning abutting property and/or within 100 feet
of the exterior boundaries of the real estate to be affected by
said proposed change. Notice of any proposed map
amendment being processed under the contract zoning
provisions of this chapter shall also comply with the
requirements of 30-A M.R.S.A. § 4352, or successor statutes,
as the same may from time to time be amended. For purposes
of the notice required hereunder for map amendments, the
owners of property shall be considered to be those against
whom taxes were assessed on the prior April 1. Failure of any
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22-024
NOVEMBER 22. 2021
§ 165-6
§ 165-7
person owning property within said 100 feet to receive
notices provided herein shall not necessitate another hearing
nor invalidate any action by the Planning Board or the City
Council. [Amended 12-28-2020 by Ord. No. 21-0301
(3) Text amendments shall also comply with the applicable
provisions of 30-A M.R.S.A. § 4352. [Added 12-28-2020 by
Ord. No. 21-0301
D. Planning Board action. The Planning Board shall make its
recommendations to the City Council in writing within 30 days of
any public hearing conducted pursuant to this chapter; provided,
however, that to constitute Planning Board approval, a proposed
amendment must receive a majority of affirmative votes of the
Planning Board members in attendance when the amendment is
considered. Said thirty -day period may be extended for an
additional 30 days by vote of the Board. Failure of the Board to
issue its recommendations within said thirty -day period, or
extension thereof, shall constitute Board approval of the proposed
amendment. [Amended 2-11-2008 by Ord. No. 08-0701
E. City Council action. After receipt of the Planning Board's
recommendations, as provided above, the City Council shall
consider and take all appropriate action on said proposed
amendment in accordance with the requirements of the Bangor
City Charter, the Council's rules of procedure adopted pursuant
thereto and the laws of the State of Maine, provided that a
proposed amendment which has been disapproved by the
Planning Board may be enacted only by a two-thirds vote of the
City Council.
§ 165-7. Contract zoning.
In accordance with 30-A M.R.S.A. § 4352, property in the City of
Bangor may be rezoned by means of a process known as "contract
zoning."
A. Purpose. It is the general purpose of this section to provide a
mechanism whereby specific conditions may be added to the
granting of a change in zoning in order to mitigate potential
adverse affects upon adjacent properties and the community. It is
the intent of this provision that such changes in zoning be granted
only if the application of the zoning to the property in question
meets the same standards of consistency with the City's
Comprehensive Plan as any other zone change enacted under the
provisions of this chapter. The provisions of this section shall not
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22-024
NOVEMBER 22. 2021
§ 165-7
§ 165-7
exempt the use or development of any property from other
minimum standards or requirements otherwise provided in this
chapter or as otherwise provided by law.
B. Mandatory conditions. Any zone change adopted pursuant to this
section shall:
(1) Be consistent with the Comprehensive Plan of the City of
Bangor, as amended.
(2) Be consistent with the existing uses in the area and permitted
uses within the original zoning district.
(3) Only include those conditions and restrictions which relate to
the physical development or operation of the property and not
to its land use.
(4) Be subject to an agreement by authorized representatives of
both the property owner and the City providing for the
implementation and enforcement of all terms and conditions
imposed and agreed to by the parties pursuant to this section.
C. Discretionary conditions. Any zone change adopted pursuant to
this section may include reasonable conditions or restrictions
relating to one or more of the following:
(1) Limitations on the intensity and extent of the uses permitted
in the district on the subject property.
(2) Limitations on the height, floor area and lot coverage of any
structure or structures built on the property.
(3) Increased setbacks and minimum yard dimensions for any
structure or structures built on the property.
(4) The installation, operation and maintenance of physical
improvements for the convenience of the general public,
including but not limited to off-street parking lots, traffic
control devices, fencing, plantings and landscaping.
(5) The creation, operation and maintenance of open space areas
or buffer zones.
(6) The dedication or conveyance of property for public purposes,
including but not limited to streets, scenic and conservation
easements, parks and utility systems.
D. Procedure. All proposed amendments to this chapter being
considered under this section shall be processed in accordance
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22-024
NOVEMBER 22. 2021
§ 165-7
§ 165-7
with this section and 30-A M.R.S.A. § 4352, or successor statutes,
as may from time to time be amended. If at all possible, the
processing of the application under both procedures shall be
accomplished concurrently.
5
ECONOMICCOMMUNITY &_
DEVELOPMENT
1,
CITY OF BANGOR.
PLANNINGr DIVISION
Memorandum
To: Honorable Bangor City Council
Deb Laurie, Acting City Manager
From: Anne M Krieg AICP, Planning Officer
Date: December 7, 2021
CC: Courtney O'Donnell, Assistant City Manager
Tanya Emery, Director of Community and Economic Development
David Szewczyk, City Solicitor
Jeff Wallace, Code Enforcement Officer
Planning Board members
Re: Planning Board Recommendation December 7, 2021
Zone Change — 26 Fifth Street — Map -Lot 034-070 — From Urban Residence 2 District
(URD-2) to Multifamily & Service District (M&SD) — Applicant/Owner: Dakota Jewett
& Tiffany Ricci
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 7t" 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, Ronda Hogan, Mike
Bazinet and Ted Brush.
The applicants, Dakota Jewett and Tiffany Ricci, presented the application. They plan to renovate the
building and have a boarding house at the location.
Member Perkins indicated the plan does not gain units as they are reducing the number of bedrooms
in the building with the renovation; so it does not align with the work of the Affordable Housing Work
Group. He also indicated the proposal is spot zoning. He further lent support that he felt what the
applicants were doing is a fantastic idea. He does not feel it is in keeping with the current
Comprehensive Plan.
Member Meagher indicated he had concerns regarding the allowed uses in the district.
Staff read the uses aloud (attached for Council review.) Staff indicated that the Board should always
assume a full buildout of a district when reviewing zone change applications.
Member Shaw felt this effort is in keeping with not only the Bangor Affordable Housing Workgroup but
also the newly released recommendations from a state legislative advisory Committee on affordable
housing. She also was supportive of any effort to renovate and fix up a building for units given the
recent local tragedy. She added that the allowed uses in the district were not jarring if they were
placed at this location
73 HARLOW STREET, BANGOR, ME 04401
TELEPHONE: (207) 992-42SO FAX: (207) 945-4447
VVvVW.BANGORMAINE.GOV
CITY OF BANGOR PLANNING DIVISION
PLANNING BOARD RECOMMENDATION TO CITY COUNCIL
76 Patten Street
The Chair declared that it's a disservice to applicants wishing to develop housing to be thwarted that
the city is in the midst of writing a new updated Comprehensive Plan. He also agreed with Member
Shaw that we need renovated housing and this project will greatly improve that area. He concluded
his comments that the request should come in the form of a contract zone request.
Staff reviewed the allowances for a contract zone, noting that they would need to reapply to ask for a
contract zone.
Member Shaw added that allowing units in the city is a positive change; that zoning changes going
from rural to industrial/commercial are more of a concern to her during the comprehensive plan
rewrite/update process. She also indicated this district is more appropriate for this lot and the area,
and, that she would hate to see the applicants have to restart the process.
Member Brush made a motion to recommend to the City Council that the application for a district
change ought to pass. Member Hogan seconded the motion. The motion passed 4.3 with Members
Perkins, Huhn and Meagher dissenting for the reasons noted above.
amk
Page 212
IN CITY COUNCIL
NOVEMBER 22, 2021
COrd 22-024
First Reading and Referral to Planning Board on December 7, 2021.
CITY CLERK
IN CITY COUNCIL
DECEMBER 13, 2021
COrd 22-024
Motion made and seconded for Passage
Vote: 8 – 0
Councilors Voting Yes: Davitt, Hawes, Okafor, Schaefer, Sprague, Tremble, Yacoubagha, Fournier
Councilors Voting No: None
Passed
CITY CLERK