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Home My WebLink About2022-06-13 22-215 ORDINANCE22-215 06/13/2022 CITY COUNCIL ACTION Council Meeting Date: June 13, 2022 Item No: 22-215 Responsible Dept: Planning/Legal Action Requested: Land Development Code Change Map/Lot: n/a Title, Ordinance Amending Chapter 165, Land Development Code, Section 165-68 by Amending the Flag Lot Provision to Allow for Extended Access Roads in the Rural Residence & Agriculture (RR&A) District Summary Planning staff have been working with residential owners looking to subdivide their respective properties for the development of their back lot, specifically in RR&A. Within the RR&A district, a significant number of properties have oversized and long rectangular lots. Some of the possible developments include housing and solar arrays. The current housing crisis has staff seeking multiple options for solutions, and the solar array provision was written to encourage locating this use in rear lots and even lots with no frontage. This provision would extend the ability to have a flag lot further back into the subject lot to create a back lot with its own access and frontage. The Planning Board is currently the regulatory authority on flag lots. They would continue in this authority to consider the allowance of a greater extension into a lot within the RR&A district as part of their review of flag lot applications. A housekeeping requirement to record the approval and the plan is included in this order. This confirms the flag lot's creation and any reasonable conditions the Planning Board may place on the approval. Committee Action Committee: Planning Board Action: Staff Comments & Approvals Meeting Date: June 21, 2022 For: Against: Planning Board held a public workshop on this order in concept at their meeting on May 17, 2022, and requested staff to prepare the order for possible enactment, as allowed in Section 165-6.A.(3) of the Land Development Code. City Manager Kaa)� City Solicitor Introduced for: First Reading and Referral inance Director 22-215 06/13/2022 CITY COUNCIL ORDINANCE Date: June 13, 2022 Assigned to Councilor: Tremble ORDINANCE, Amending Chapter 165, Land Development Code, Section 165-68 by amending the Flag Lot provision to allow for extended access roads in the Rural Residence & Agriculture (RR&A) District. WHEREAS, at present, there are a significant number of long, rectangular lots in the RR&A District; WHEREAS, at present, there are buildout possibilities in keeping with current land -use practices, solar arrays, and the provision of housing units; WHEREAS, at present, the city has a flag lot provision that has a short extension allowance for the access road which impedes desirable build -out scenarios; 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: § 165-68 Lot frontage. Each lot for which a minimum lot width is required shall have a minimum frontage on a street not less than 50 feet, except as follows: B. Flag lots. Subject to approval under Article XVI, meeting the requirements of Article XVIII, the Planning Board may allow the creation of so-called "flag lots" in any district, provided that: (1) Such a lot meets the minimum street frontage requirement of this section of 50 feet. (2) (Reserved) (3) Such access strip shall not be used in the computation of minimum area and dimensional requirements of the district for the said rear lot. (4) Such a rear lot meets the requirements of the district in which it lies (other than the exemption of this section with regard to frontage). For area and yard requirements, the front yard setback line of such lots will be deemed to be at the prescribed setback distance from the deepest rear property line of the lot or lots between said rear lot and the nearest public street. (5) Only one tier of such rear lots shall be permitted behind the tier of lots fronting on the street. (6) The access strip shall maintain a minimum width of 50 feet to such rear portion of such lot and shall not exceed 200 feet in length. 22-215 06/13/2022 7) Lots zoned in the Rural Residence & Agriculture district, may exceed the 200-foot length requirement for the access strip requirement subject to the following conditions: (a) The entirety or majority of the subject property and the resulting lot shall be in the RR&A District. (b) The subject lot shall not create any violations of the Code as a result of the creation of the flag lot. (c) All structures on the subject lot shall meet the front yard setback provision of RR&A concerning the access strip of the flag lot. (d) The location of the curb cut on the public street is subject to review and approval by the City Engineer. {-7)(8) Flag lots shall not be created as part of a subdivision when located on a proposed roadway, but may be proposed on existing roadways. (8)n Applications for flag lot approval shall be stamped by a professional land surveyor. (9)10 Notwithstanding § 165-113, flag lot approval shall not expire if the land is not conveyed or built upon within the limitations of § 165-113D. (11) The approved plan and Planning Board decision shall be recorded in the Penobscot Registry of Deeds within 90 days of Planning Board approval. Evidence of recording shall be provided to the Code Enforcement Officer before the issuance of any permits for the subject property and the resulting approved flag lot. Approved plans and decisions that are not recorded shall be voided. Memorandum To: Honorable Bangor City Council Deb Laurie, City Manager From: Anne M Krieg AICP, Planning Officer Date: June 21, 2022 CC: Courtney O'Donnell, Assistant City Manager Tanya Emery, Director of Community and Economic Development David Szewczyk, City Solicitor Re: Planning Board Recommendation June 21, 2022 Amending Chapter 165, Land Development Code, Section 165-68 - by amending the Flag Lot provision to allow for extended access roads in the Rural Residence & Agriculture (RR&A) District. 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 June 21, 2022. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were the Vice -Chair Reece Perkins, and Members Don Meagher and Ted Brush. Attending virtually were Members Lisa Shaw, Mike Bazinet, and Alison Coladarci (not present for this vote). Vice -Chair Perkins chaired the meeting in Chairman Huhn's absence. Planning Officer Krieg reviewed the changes. From the staff memo: A. At your May meeting, we discussed the ability for people to extend the "pole of the flag" beyond the 200' limit, in response to a property owner in the RR&A district. B. Staff worked on an amendment to make this allowance; but only in the RR&A zone and only under certain conditions. These conditions are in response to staff concerns regarding future possible developments if the access road were ever to be converted to a road as frontage. C. We also placed language regarding the recording of the plan. It is curious to me that people don't record these types of plans as it makes the allowance perpetual; but we have had cases where people did not record the plan. This ensures that the created flag lot is in the deeds properly. Ed Bearor, Esq. worked with staff on this project. He indicated his support and thanked the staff. He also noted that this effort is not inconsistent with the Comprehensive Plan. 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 6.21.22 Flag Lots There were no public comments. Member Shaw made a motion to recommend to the City Council that the flag lot proposal ought to pass. Member Bazinet seconded the motion. The motion passed 5.0 amk Page 212 IN CITY COUNCIL JUNE 13, 2022 COrd 22-215 First Reading and Referral to Planning Board Meeting of June 21, 2022 CITY CLERK IN CITY COUNCIL JUNE 27, 2022 COrd 22-215 Motion made and seconded for Passage Vote: 8 – 0 Councilors Voting Yes: Davitt, Leonard, Okafor, Schaefer, Sprague, Yacoubagha, Fournier Councilors Voting No: None Passed CITY CLERK