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Home My WebLink About2022-09-26 22-330 ORDINANCE 22-330 09/26/2022 CITY COUNCIL ACTION Council Meeting Date: September 26, 2022 Item No: 22-330 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: 34/217 Title, Ordinance Amending Chapter 165, Land Development Code, District Map by Reclassifying the Property Addressed at 126 Third Street from Urban Residence 2 (URD-2) to Multifamily & Service District (M&SD) Summary This Ordinance will amend the district map to change a .14-acre lot from URD-2 to M&SD. The applicant is the owner, R & N Luxury Holding LLC. The neighborhood has mostly URD-2 lots, with some M&SD lots on Cedar Street, a few blocks away from the subject property. The Comprehensive Plan has this area as a transition from high density to low density. Allowance for this change could stem from the recommendations of the 2019 Affordable Housing Work Group. Committee Action Committee: Planning Board Meeting Date: October 4, 2022 Action: For: Against: Staff Comments & Approvals Finance Director City Manager City Solicitor Introduced for: First Reading and Referral 22-330 09/26/2022 CITY COUNCIL ORDINANCE Date: September 26, 2022 Assigned to Councilor: Hawes ORDINANCE, Amending Chapter 165, Land Development Code, District Map by reclassifying the property addressed at 126 Third Street from Urban Residence 2 (URD-2) to Multifamily & Service District (M&SD) WHEREAS, at present, there is a need to create housing units in Bangor where appropriate and feasible, WHEREAS, the property at 126 Third Street is walking distance to goods & services, as well as schools and transportation. There is interest from private developers in putting other non-retail uses in this district; 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 District Map is amended to reclassify the property addressed at 126 Third Street form Urban Residence 2 (URD-2) to Multifamily & Service District (M&SD). 22-330 SEPTEMBER 26, 2022 Memorandum To: Honorable Bangor City Council Deb Laurie, City Manager From: Anne M Krieg AICP, Planning Officer Date: October 4, 2022 CC: Courtney O’Donnell, Assistant City Manager Tanya Emery, Director of Community and Economic Development David Szewczyk, City Solicitor Re: Planning Board Recommendation October 4, 2022 Zone Change – 126 Third Street – Map-Lot 034-217 – Urban Residence 2 (URD-2) District to Multifamily & Service District (M&SD) - To amend the Land Development Code by changing a parcel of land located at 126 Third Street, Map-Lot 034-217, from Urban Residence 2 (URD-2) District to Multifamily & Service District (M&SD). Said parcel of land contains 0.14 acres and is more particularly indicated on the map attached hereto and made part hereof. Applicant/Owner: R&N Luxury Holding, LLC. Please accept this memorandum as the recommendation from the Planning Board for the noted item. The Planning Board considered this item in a posted and noticed public hearing on October 4, 2022. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were the Chair, Ken Huhn, and Members Don Meagher, Ted Brush, Reese Perkins, Mike Bazinet, and John Kenney (voting.) The applicant reviewed their plans to renovate the building and place dwelling units at the location. From the staff memo: A. The applicant is proposing to change the zoning of their property located at 126 Third Street from URD-2 to M&SD. The current area of the property is approximately 6,098 square feet. In URD-2, this lot area only allows for 2 dwelling units. The change to M&SD would allow for a maximum of 6 dwelling units on this property. B. The previous Comprehensive Plan has this area as part of the URD-2 zone, as a transition from high density to low density; however, there are parcels in the vicinity that have been changed to M&SD, as well as a block of parcels zoned M&SD nearby on First and Second Street. C. This lot is very close to downtown and is walkable to schools, services, and amenities. Allowance for this change could stem from the recommendations of the 2019 Affordable Housing Work Group. 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL Utility structures D. The Board is reminded to form your motion as a recommendation to the City Council as to whether the request ought to pass or ought not to pass. Any direction to the City Council as to the reasons for your vote is always appreciated. Member of the public expressed concern with the degradation of their neighborhood from allowing multi-families. There were comments from three different neighbors regarding trash in the yard. They also spoke about lack of off street parking in the area for tenants. Issues with illegal drug use in the neighborhood was also mentioned. Board members and staff reminded residents of the property maintenance code, that they may contact the Code Enforcement Office to enter a formal complaint under that code. The request before the Board is for land use and not property maintenance. The applicant indicated he has lived next door since 2008 and purchased the subject property last year. He added that he has been out of town caring for a family member but that he would contact his local caretaker to clean up any trash. He said he would meet with neighbors anytime if there are problems with tenants. The Board had no further questions. Member Kenny indicated later in the public meeting that it appears the issues with the property ware with a prior owner. He noted he was happy to see investment in the property and the creation of more dwelling units. Member Perkins made a motion to recommend to the City Council that the noted text amendment ought to pass. Member Meagher seconded the motion. The motion passed 4:2 (Perkins and Brush dissenting.) amk Page 2 | 2 IN CITY COUNCIL SEPTEMBER 26, 2022 COrd 22-330 First Reading and Referral to Planning Board Meeting of October 4, 2022 CITY CLERK IN CITY COUNCIL OCTOBER 12, 2022 COrd 22-330 Motion made and seconded for Passage Vote: 5 - 1 Councilors Voting Yes: Okafor, Schaefer, Sprague, Yacoubagha, Fournier Councilors Voting No: Tremble Passed CITY CLERK