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Home My WebLink About2023-08-14 23-246 Ordinance23-246 08/14/2023 CITY COUNCIL ACTION Council Meeting Date: August 14, 2023 Item No: 23-246 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending Chapter 165, Land Development Code, Attachment 2, Schedule A Urban Developed Area by Increasing the Maximum Height in the Multifamily and Service District (M&SD) Summary The proposed change would increase the maximum allowable building height in the M&SD district from 45 feet (approximately 4 stories) to 60 feet (approximately 5 stories). This is the same height proposed for high density residential in the S&PS and GC&S zones, the ordinance for which was recently adopted. This increase in height allowance could allow affordable housing projects in this district to be more financially feasible and could allow for more units on M&SD lots. This ordinance would be in keeping with the City Council's policy to create more housing where feasible. Additionally, the 2022 Comprehensive Plan directs the City to revise zoning regulations as needed to support the development of housing within the growth boundary and to remove barriers to development for a variety of housing types. Committee Action Committee: Planning Board Action Staff Comments & Approvals r City Manager Introduced for: First Reading and Referral Meeting Date: August 15, 2023 For: � -4 � — City Solicitor Against: a2�tx�-- Finance Director 23-246 08/14/2023 CITY COUNCIL ORDINANCE Date: August 14, 2023 Assigned to Councilor: Davitt ORDINANCE, Amending Chapter 165, Land Development Code, Attachment 2, Schedule A Urban Developed Area by Increasing the Maximum Height in the Multifamily and Service District (M&SD). WHEREAS, at present, the maximum height in M&SD is 45 feet, which limits buildings to approximately 4 stories; WHEREAS, the proposed change would increase the maximum height to 60 feet, or approximately 5 stories; WHEREAS, at present, there are properties proposed to be renovated and improved to create units in this district, and an increase in height allowance to 5 stories could make affordable housing projects more financially feasible; WHEREAS, the City Council has a policy to create residential units where feasible; WHEREAS, the 2022 Comprehensive Plan directs the City to revise zoning regulations as needed to support the development of housing within the growth boundary and to remove barriers to development for a variety of housing types; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165, Attachment 2, Schedule A of the Code of the City of Bangor is amended as shown on the attached. 23-246 AUGUST 14,2023 LAND DEVELOPMENT 165 Attachment 2 City of Bangor Schedule A Urban Developed Area Article XIII, §§ 165-88 through 165-97 Minimwn Minimwn Minimwn Minimwn Masimum Minimum Maximum Minimum Front Yard Side Yard Rear Yard Masimum Water Maximum District Height Lot Area Lot Lot Width Depth Depth Depth Impervious Setback Floor Area Zoning Districts (feet) (square feet) Coverage (feet) (feet) (feet) (feet) Surface Ratio (feet) Ratio Multifamily and Service(M 4-�60 � 50% 50 10 5 5 0.85 -- -- &SD) 165 Attachment 2:1 Supp 1,Feb Zo23 ffi W M e �'1 f� ` I �� .�.�� "" �� ./ � �1. F 1.�.� //; .q w '' I�EV'�� L��1"�T � M� .� CIT� �F BAI�T+G+C�R. PLANV�IC�ICr QIWI51ClN Memorandum To: Honorable Bangor City Council Deb Laurie, City Manager From: Anja Collette, Planning Analyst Date: August 16, 2023 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation August 15, 2023 Amending Chapter 165, Land Development Code, Attachment 2, Schedule A Urban Developed Area by Increasing the Maximum Height in the Multifamily and Service District (M&SD) 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 August 15, 2023. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were the Chair Reese Perkins, Vice Chair Ted Brush, and Members Don Meagher, Mike Bazinet, Ken Huhn, and Jonathan Boucher. Also in attendance was Alternate Member Joshua Saucier. Chair Perkins briefly mentioned a public comment received earlier in the day via email opposing the change. Development Director Anne Krieg reviewed the new proposed change with the Board. From the staff inemo: A. The proposed change would increase the maximum allowable building height in the M&SD district from 45 feet (approximately 4 stories) to 60 feet (approximately 5 stories). This is the same height proposed for high density residential in the S&PS and GC&S zones, the ordinance for which was recently adopted. B. This increase in height allowance could allow affordable housing projects in this district to be more financially feasible and could allow for more units on M&SD lots. This ordinance would be in keeping with the City Council's policy to create more housing where feasible. C. Additionally, the 2022 Comprehensive Plan directs the City to revise zoning regulations as needed to support the development of housing within the growth boundary and to remove barriers to development for a variety of housing types. 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 8.15.23 Land Development Code—M&SD Height Limit Member Huhn stated he thought the proposal was appropriate considering the City's housing goals and mentioned that the member of the public who commented was concerned about the waterfront blocking the view of the river, which is unrelated to the proposal in question. Chair Perkins disagreed with Huhn and listed the following concerns with the proposal — if existing properties in M&SD were 60 feet high instead of their current height, they would dwarf the surrounding homes, creating a loss of view and excessive shading; the proposal appears to go against the purpose of the M&SD zone, which mentions promoting family life; and the wording of the Comprehensive Plan justification statement in the Council Order appears to oblige the Board to approve the change, rather than suggest it. Perkins mentioned the possibility of allowing this on major arterials only. Development Director Krieg discussed the challenges with the M&SD district in that it is placed similarly to the G&ISD district and is scattered around various parts of the City rather than comprising one contiguous district; its location is determined on more of a case-by-case basis. Krieg stated that if other Board members feel similarly to Perkins, it might be helpful to have a discussion about other things that could be done to allow the height but mitigate the impact on other properties. Saucier stated his favor of the increase in height, but suggested perhaps making it a conditional use to go to 60 feet or requiring a shadow analysis for adjacent homes. Saucier pointed out that 45 feet is already allowed and a 45-foot home would still dwarf a 3-story home. Saucier felt it would not be a big difference to go to 60 feet. Sean Thies from Haley Ward commented on how the proposal relates to the Bangor Housing development project on the agenda. The applicants currently have the building under 45 feet, but wish to put solar panels on the roof; however, with the pitch of the roof, they could not do the solar without increasing the height over 45 feet. If the proposal being discussed were to pass, they would come back later to the Board to increase the height. Perkins amended his earlier statement and said that perhaps a more appropriate change would be to make buildings with this height a conditional use instead of located on a major arterial. Krieg stated that the impact to a dense URD-1 lot from an M&SD lot is different than the project being reviewed tonight where it abuts other apartments and I-95; if the Board decides not to recommend this change, it would be helpful to get suggestions on ways to bring it back. Member Meagher made a motion to recommend to the City Council that the amendment to Chapter 165 to increase the maximum height in the Multifamily & Service District ought not to pass. Chair Perkins seconded the motion. Member Meagher stated that he was persuaded by the concerns expressed by other Board members and thought that the approach of making it a conditional use was appropriate. However, he would like to see a specific standard in the conditional use standards that would apply very specifically to how the evaluation would be done by the applicant since he does not feel the current standards are Page 2 � 3 CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL 8.15.23 Land Development Code—M&SD Height Limit sufficient. Perkins agreed with this suggestion and suggested that based on the comment from Thies, there should perhaps be more definition on the interaction of rooftop solar and building height. Member Boucher asked for clarification on the conditional use process. Krieg clarified the process and agreed with Member Meagher on the importance of establishing criteria. Krieg and Boucher discussed how the Board's recommendations on the proposal would work as far as moving this effort forward. Saucier differentiated between a waiver and a conditional use. There was further discussion amongst Board members and Krieg on the stipulations and analysis to be required for the height increase, as well as the process moving forward. Member Huhn stated that he was in favor of making it a conditional use. The motion passed 5:2 with Chair Perkins and Members Boucher, Huhn, Meagher, and Bazinet voting to approve the motion that the amendments ought not to pass, and Members Saucier and Brush voting against the motion. The result of the vote is that a majority of Planning Board members voted to recommend that the proposed change ought not to pass. Anja Collette Page 3 � 3 IN CITY COUNCIL AUGUST 14, 2023 COrd 23-246 First Reading and Referral to Planning Board Meeting of August 15, 2023 ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL AUGUST 28, 2023 COrd 23-246 Motion made and seconded to Postpone to a Date Certain of September 11, 2023 Motion Doubted Vote: 6— 1 Councilors Voting Yes: Davitt, Pelletier, Schaefer, Sprague, Yacoubagha, Fournier Councilors Voting No: Tremble Passed to Postpone to a Date Certain of September 11, 2023 ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL SEPTEMBER 11, 2023 COrd 23-246 Motion made and seconded for Passage Vote: 1 —7 Councilors Voting Yes: Fournier Councilors Voting No: Davitt, Hawes, Pelletier, Schaefer, Sprague, Tremble, Yacoubagha Motion Failed ��.�` � M,�� w�� s� CITY CLERK