Loading...
HomeMy WebLinkAbout2023-08-01 Planning Board Minutes �� ; � . ����i; � �; ������ ��'� � �'�a"�Q��'� � ;� r� .. �a :� o ��V.EL,���E1`�T . � CITY �� BANGCaR. PT.,hNtluI1�IC DIVIS[C�V�I PLANNING BOARD TUESDAY, AUGUST 1, 2023, 7:00 P.M. CITY COUNCIL CHAMBERS, 3RD FLOOR CITY HALL MEETING MINUTES Board Members Present: Chair Reese Perkins Vice Chair Ted Brush Michael Bazinet Jonathan Boucher Trish Hayes Kenneth Huhn Donald Meagher Citv Staff Present: Anne Krieg, Planning Officer/Development Director Anja Collette, Planning Analyst David Szewczyk, City Solicitor Chair Perkins called the meeting to order at 7:00 P.M. PUBLIC HEARING - LAND DEVELOPMENT CODE AMENDMENTS 1. Zone Chanqe — Map-Lot 004-021 — Urban Residence 2 District (URD-2) and Hiqh- Densitv Residential District (HDR) to Multifamilv & Service District (M&SD) - To amend the Land Development Code by changing a parcel of land, located on Sunset Avenue, at Map-Lot 004-021, from Urban Residence 2 District (URD-2) and High-Density Residential District (HDR) to Multifamily & Service District (M&SD). Said area of land contains approximately 5.6 acres total. Applicant/Owner: Bangor Housing Development Corp. Applicant representative, Sean Thies, presented to the podium. Stated the proposed use for the site is a senior housing project. Reason for requesting the zone change is that the current zone allows a maximum of 30 units per building, and their proposed project is for a 50-unit housing development. Chair Perkins asked City staff for comments —there were none. Chair Perkins asked Board members for comments—there were none. Chair Perkins opened the public comments —there were none. Public comments closed. 73 HARLOW STREET,BANGOR,ME 04401 TELEPHONE: (207)992-4280 FAX: (207)945-4447 WWW.BANGORMAINE.GOV City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,August i, 2023 Member Huhn moved to recommend City Council approve the amendment of the Land Development Code, to change a parcel of land, located on Sunset Avenue, at Map-Lot 004-021, from Urban Residence 2 District (URD-2) and High-Density Residential District (HDR) to Multifamily & Service District (M&SD). Vice Chair Brush seconded. All in favor, none opposed. 2. Zone Chanqe — Map-Lot R21-006 — Rural Residence & Aqricultural District (RR&A) to Low-Densitv Residential District (LDR) -To amend the Land Development Code by changing a parcel of land, located on Finson Road, at Map-Lot R21-006, from Rural Residence & Agricultural District (RR&A) to Low-Density Residential District (LDR). Said area of land contains approximately 10.5 acres total. Applicant: Robert Verrill. Owner: Harvey Sprague, Jr. & Daniel Sprague. Applicant representative, Shelly Lizotte, presented to the podium. Stated the reason for requesting the zone change is to allow for an attached residential development. Commented that the lot in question seemed appropriate for the zone change as it sits between a small development that is zoned Low- Density Residential (LDR) and a mobile home park. Chair Perkins asked City staff for comments —there were none. Chair Perkins asked Board members for comments. Member Boucher asked City staff if the lot is within the growth boundary. Development Director Anne Krieg responded that it sits just outside of the growth boundary, as defined in the new Comprehensive Plan. Boucher asked if utilities would be brought in on the lot. Krieg responded that she is aware that this is something that the applicant is working on. Lizotte responded that City water and sewer are present on the next block, so it seems likely that it can be accessed to be brought onto the lot in question. Chair Perkins requested clarification that utilities would not be needed for the zone change, but would be for the site plan process later on. Development Director Krieg confirmed this. Chair Perkins opened the public comments —there were none. Public comments closed. Member Bazinet moved to recommend City Council approve the amendment of the Land Development Code, to change a parcel of land, located on Finson Road, at Map-Lot R21-006, from Rural Residence & Agricultural (RR&A) to Low-Density Residential District (LDR). Member Meagher seconded. All in favor, none opposed. OTHER BUSINESS 3. Review of Proposed Mobile Home Park Ordinance Amendments Planning Analyst Anja Collette presented to the Board. Stated that the State changed its Mobile Home Park laws several decades ago, but that the City's ordinance was never updated to coincide with the State's changes. The current proposed changes would bring the City ordinance into compliance with the State laws, but would also Page 2 � 7 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,August i, 2023 treat mobile home parks and manufactured similarly to other types of housing. Key points of the proposed ordinance changes are: (1) some existing parks would be allowed to expand, (2) new parks would be more affordable to build, (3) smaller parks would be allowed (City's current ordinance defines a mobile home park as 25+ homes, but State law mandates that 3+ homes can be considered a mobile home park), (4) allowance of mobile home and tiny home parks as a permitted use within the portions of zone RR&A that are included in the growth boundary, (5) reduction of minimum lot size to 5000sqft, which is the minimum mandated by the State, (6) reduction of recreation area requirements to reflect State requirement of no more than 10% of the park area, (7) changing reconstruction guidelines to be more in line with the revised guidelines for new construction, and (8) several changes to the utility requirements to align with the State laws. Collette also cited the improvements that have been made to the exterior appearance and overall construction quality of mobile homes and manufactured housing over recent years. Chair Perkins asked Board members for comments. Member Boucher asked if foundations would be made a requirement if the home does not currently sit on slabs. Collette responded that this is already a requirement. Chair Perkins asked if the 10% of GFA requirement for recreational area is automatically satisfied by the setback requirements. Collette responded that the wording of the ordinance specifically separates the setbacks from the recreational area. Perkins also asked if the septic requirements for tiny homes have been updated to match the requirements for mobile homes. Collette responded that they have not been updated yet, but Staff plans to update them to match. Chair Perkins noted a reference in the proposal to the City's building code and stated that he thinks the guidelines followed are those of the Manufactured Housing Board. Suggested that Staff verify this. Perkins also asked why the definition of modular homes was not included in the proposal. Collette responded that it is already defined in the City ordinance and there are no proposed changes to it. Member Boucher asked if there had yet been any study on what the potential impact of the ordinance changes would be on existing mobile home parks. Collette responded that the City does not have data on this yet, but does know of one specific mobile home park owner with a desire to expand that is not presently allowed in the current Code. Development Director Krieg added that the park in question is currently non-conforming according to the City Code, but they are compliant with the State's laws. No further questions or comments. 4. Short-Term Rental Public Workshop Development Director Anne Krieg presented to the podium and presented a slideshow presentation on the proposed Short-Term Rental (STR) ordinance. Noted that the City has received public feedback reflecting both a desire to have STRs allowed in the City and opposition to their allowance. Those opposed are primarily concerned with equity, the effect on the housing stock and market, and illegal activities occurring at STRs. Proponents have expressed that STRs allow property owners to take in additional income, that many STRs are safe and well-maintained, and that they are concerned with overregulation on the City level. Krieg presented the proposed definition of STRs, the difference between Page 3� 7 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,August i, 2023 hosted and non-hosted properties, the proposed STR requirements, and the next steps in the ordinance acceptance and enactment process, via the slideshow presentation. Member Bazinet asked if only non-hosted properties would be allowed in the Waterfront Development District (WDD) or if hosted would also be allowed. Krieg verified that hosted would also be allowed, and that the proposal limits non-hosted only to the WDD and DDD (Downtown Development District). Vice Chair Brush asked if there were any foreseen parking issues with the allowance of STRs. Krieg responded that parking provisions could be added as a licensing requirement. Member Bazinet asked what the policing issues had been thus far, with the STRs currently existing in the City. Krieg responded that the primary complaints had been illegal drug-related activity and trafficking. Member Boucher asked if there details available on how the fee structure for licensing would be decided upon. Krieg responded that Staff would calculate the amount of time needed for permit administration, and that there would then be an additional fee for the physical inspection of the property. The City has subcontracted with a company, Granicus, that has been monitoring what will be involved in enforcement. Krieg also noted that the fees would likely be conservative during the initial rollout, and that after the first year they would be reassessed to ensure they accurately reflect the Staff time and effort spent on administration and enforcement. Boucher also asked how frequently fees would need to be paid, and if licenses would be distributed per property owner or per property. Krieg responded that licenses would need to be renewed annually and would need to be acquired per property, even if a single individual/entity owns multiple properties. Boucher used the example of student housing to ask if Staff had thought about properties that may desire mixed use—i.e., mid-term rental length (such as an academic year) coinciding with short-term rental length (i.e. the summer months when school is not in session). Krieg responded that properties would be allowed to mix uses in this manner. Chair Perkins asked to clarify the bedroom requirements for defining a property as a multi-unit STR vs. a whole-unit STR. Krieg and Planning Analyst Collette responded that state law defines any property with 3 or more bedrooms in use as individual STR units as being a boardinghouse, hotel, or BNB—therefore, any property owner can only use 1-2 bedrooms as individual STRs without having to license as a boardinghouse, hotel, or BNB. However, if a 2+ bedroom property is rented as a whole-unit STR, this is an allowed use. Perkins commented that the report from Granicus seemed to indicate that enforcement would be difficult, and emphasized that any ordinance needs to be enacted "the right way" in order to best serve the community. Perkins referenced written comments from Member Meagher and expressed agreement that STR licensing/registration should be implemented alongside an overall rental registry. Krieg confirmed that both policies are being worked on by staff concurrently. Chair Perkins also expressed disapproval of the requirement that multi-unit buildings maintain 50% of their units as long- term rentals. Felt this was an unnecessary encumbrance. Member Bazinet asked if the possible need for additional staff to handle enforcement had yet been addressed. Krieg responded that staff is currently looking at this possibility, and noted that Page 4� 7 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,August i, 2023 implementation of rental registry alongside this STR policy will allow them to get an idea of current staff capacity. Did note that the City would likely need to sub-contract for enforcement or hire additional staff. Bazinet commented that property owners/landlords could potentially perceive a sub-contractor as a biased party. Member Huhn asked if there was a license requirement for inspecting homes. Multiple Board members confirmed that this is not a requirement in the State of Maine. Chair Perkins opened the public comments. Member of the public, Philip Henry, presented to the podium. Stated that he runs a small real estate investment firm in Bangor. Noted that when his firm is looking into injecting capital, they look for areas with high capital and low regulations. Expressed his concern over the licensing fees and that they may prove prohibitive to investors such as himself. Cited that he no longer accepts Section 8 housing due to HUD's inspection requirements. Expressed that he felt STRs are beneficial to the City because of the waterfront concerts and other area activities. Commented that it has been difficult for the public to find out about the details of these public hearings, i.e. date, time, and location, and suggested that City may want to look into how to better advertise them. Ultimately, suggested that City simplify any STR regulations to make them as easy to comply with as possible. Member of the public, Connor Winchenbach, presented to the podium. Stated that he is a local property owner and owns several properties within the City. Expressed support for creation of a policy but noted several concerns with the current proposal. Felt that safety requirements proposed as part of inspection give the appearance that those staying in STRs are given preference over those staying in long term rentals (LTRs), as this is not currently a requirement for LTRs. Development Director Krieg clarified that there is a coinciding proposal for a long-term rental registry which would add safety requirements for inspection. Winchenbach also asked to clarify the section of the proposal regarding hosted vs. non- hosted properties, and asked if the requirement that hosted properties have someone present meant that the owner of the property had to be a Bangor resident. Staff confirmed that no, the owner of the property can be located anywhere, there just needs to be an on-site property manager/presence at the property in order to be considered hosted. Winchenbach asked what the process would be if an STR did not pass the initial inspection, and whether that owner would "lose their place in line." Staff confirmed that since there is no proposed cap on the number of STRs in the City, an individual in this situation would just need to apply again but would not lose out on any opportunity to be licensed. Winchenbach also asked if the requirement for properties to be "up to Code" meant that certain already-grandfathered items would be approved, or if it means that the property needs to be 100% up to the requirements of the current Code. Felt that it would be helpful to have the Code requirements specified in detail. Winchenbach also commented on the stated concerns over illegal activities — cited a personal, anecdotal example of City police response being untimely to a report of illegal activity on a neighboring property, and also noted that illegal activities can happen anywhere in the City and are not a specific issue for STRs. Noted that platforms such as Airbnb may make it easier to prevent illegal activity as property owners have to approve any potential renters before confirming a booking. Winchenbach also asked to clarify the proposed fee Page 5 � 7 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,August i, 2023 schedule and whether it was separated between the licensing and the inspection. Krieg confirmed that they are proposed as separate fees and that, as inspections are proposed to be a requirement every three years, the fee would be higher on those years that an inspection is required. Member of the public, Kevin Birch, presented to the podium. Expressed appreciation of City staff's efforts to create a policy that will be helpful to the community. Expressed his feeling that STRs are a solution within the City rather than a problem. Cited Airbnb specifically as they provide comprehensive insurance to property owners and the ability to be selective about who they rent to. Feels that STRs are beneficial to the local economy and cited a study noting the correlation between STRs within a municipality and an increase in traffic and sales within local businesses. Also cited that STRs make it easier to travel with pets, which is desirable for many people currently. Birch also cited a study showing that presence of STRs actually had a beneficial effect on local housing markets, as they increase investment in a municipality. Did acknowledge that there is a need for a "common sense" ordinance regarding STRs. Suggested that more allowance for non-hosted properties be given as these properties are often preferred by those renting an STR. Also commented that he felt illegal activity is simply coincidental and not directly increased by the presence of STRs. Member of the public, Jason Fish, presented to the Board via Zoom. Stated that he owns several STRs statewide. Expressed concerns over the proposed regulations regarding hosted vs. non-hosted properties. Feels that non-hosted properties are not as problematic as they have been made out to be. Felt that non-hosted properties should be allowed in zones outside of DDD and WDD. Also expressed an overall sentiment that the proposed regulations would be very difficult for property owners to comply with, especially as regards the Code requirements. Also questioned how the City is defining affordable housing — Development Director Krieg clarified the calculation formula that the City uses for this. Fish suggested that the City go forward with an inspection and fee requirement for STRs, but do away with hosting requirements. Also added his agreement with other members of the public that illegal activity should not be considered a problem exacerbated by STRs. Noted that Airbnb removes listings where the police have been asked to respond and that they conduct an internal investigation. Also noted that the City could revoke the license for any property where illegal activity has occurred. Member of the public, Matthew Logan, presented to the Board via Zoom. Stated that he owns C&M Rentals in Bangor, which has several STRs, as well as long-term and mid-term rental units. Noted that he looks for flexibility in allowed usage when he is investing in a property. Cited a specific property he recently acquired in Bangor, which he would not have been able to afford without using it as a mid- and short-term rental property. Also noted that he was the only one interested in said property when it was up for auction, and felt that, had he not acquired it, it would still be vacant. Logan asked City staff how it was decided that DDD and WDD would be the only zones where non-hosted properties are allowed, and whether it was known how many STRs are already present there. Development Director Krieg responded that, as these are the two zones that encompass the bulk of the downtown area, felt it was best to provide more allowance for STRs in order to encourage vitality. Also cited a lack of traditional hotel options in this area. Logan expressed his feeling that this choice seemed arbitrary and that, if the proposal as drafted Page 6 � � City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,August i, 2023 currently was enacted, he would sell off his current Bangor holdings and no longer invest in properties in the City. Also asked what enforcement would entail and noted that many STR owners have converted to direct booking and are creating their own sites, rather than going through a platform such as Airbnb or Vrbo. Asked how complaints about policy violators would be handled and noted that it would be easy for neighbors to lodge invalid complaints. Krieg responded that Granicus is currently assisting City with monitoring the existing STRs and developing a policy enforcement plan. Member of the public, Greg Guernsey, presented to the Board via Zoom. Stated that he lives in Bangor Gardens and that he bought his house there 32 years ago. Expressed that he does not feel STRs should be allowed in traditionally single-family neighborhoods and cited his displeasure with living next door to one. Member Meagher asked staff what the purpose of the hosting requirement is. Krieg responded that anecdotal feedback collected from the public thus far has expressed that many find the presence of a host to reduce safety and behavior concerns. Meagher asked if this requirement is presently in place for LTRs;when Krieg responded that it is not, Meagher expressed his feeling that this is a concern that could be applied to any rental property, regardless of the length of rental. Member Hayes commented that she did not want the discussion of affordable housing to be lost amidst the discussion of short-and long-term rental registries and licensing.Also commented that any increased cost to STR owners due to licensing and inspection fees could be transferred onto renters through the lodging and accommodation fees. Chair Perkins closed the public comments. 5. Meeting Minutes — July 11, 2023 Member Huhn moved to approve the meeting minutes. Member Meagher seconded. All voting members in favor, none opposed. Meeting adjourned at 8:48 pm. Respectfully submitted, Sarah Pritchard, Development Assistant Planning Division Page 7� 7