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Home My WebLink About2023-08-28 23-259 ORDINANCE23-259 08/28/2023 CITY COUNCIL ACTION Council Meeting Date: August 28, 2023 Item No: 23-259 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: 014-101 Title, Ordinance Amending Chapter 165, Land Development Code, District Map to Re -zone Property Located at 54 Webster Avenue from Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2). Summary The applicant is seeking a zone change for the property at Map -Lot 014-101, located at 54 Webster Avenue, from the Urban Residence 1 District (URD-1) to the Urban Residence 2 District (URD-2). The total area requested to be changed is approximately 0.19 acres and is shown in the attached exhibit. The change to the URD-2 district would allow for three dwelling units on the property versus the current one unit allowed by the URD-1 zone. The neighborhood primarily consists of URD-1, with some NSD lots nearby, adjacent to Hammond Street. There are several legally nonconforming multi -unit dwellings in the vicinity of this property. This area is within the growth boundary shown in the 2022 Comprehensive Plan and the future land use map in the Plan shows this area as consisting of "medium to high -density neighborhoods surrounding the Downtown and encompassing most of the City's historic residential areas". Committee Action Committee: Planning Board Action: Staff Comments & Approvals City Manager Introduced for: First Reading and Referral Meeting Date: September 5, 2023 For: ,;4v= - City Solicitor Against: Fina ce Director 23-259 08/28/2023 CITY COUNCIL ORDINANCE Date: August 28, 2023 Assigned to Councilor: Pelletier ORDINANCE, Amending Chapter 165, Land Development Code, District Map to Re -zone Property Located at 54 Webster Avenue from Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2). WHEREAS, at present, the zoning of the property allows single-family residential and this zone change would allow for multi -family residential; WHEREAS, the 2022 Comprehensive Plan shows this area as consisting of "medium to high -density neighborhoods surrounding the Downtown and encompassing most of the City's historic residential areas'; WHEREAS, the City Council has a policy to create residential units where feasible; 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 at Map -Lot 014-101, located at 54 Webster Avenue, from the Urban Residence 1 District (URD-1) to the Urban Residence 2 District (URD-2). The total area requested to be changed is approximately 0.19 acres and is shown in the attached exhibit. „o ra III IIII ��.� SIIII "Alm vgrpw HAMM o s� Zoning Map - 54 Webster Avenue oN III N, / i/ ,. r�� ,,,,,.✓ �,. .. / �,'' r� Sri IIIIIIII �. I 114911) III IIII . All In �, IIIIIIII � � r r IIIIIIII � ', Q' IIIIIIII�� III IIII I M � 41, ' Centerlines URD-1 Parcels URD-2 Buildings CZ3 USD Contract Zoning r BD�rr 0 50 100 200 Feet y Created 8/18/2023 by the City of IIIIIIII �I,� i�� Bangor Planning Division ��, 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: September 6, 2023 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation September 5, 2023 Amending Chapter 165, Land Development Code, District Map to Re-zone Property Located at 54 Webster Avenue from Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2) 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 September 5, 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 Trish Hayes, Don Meagher, Mike Bazinet, Ken Huhn, and Jonathan Boucher. Also in attendance was Alternate Member Joshua Saucier. The applicant, Phil Rush, presented the proposed change to the Board. The property used to be an illegal 3-unit but is currently a legally non-conforming 2-unit. He has been in contact with the Fire and Code inspectors to see if it could feasibly be made back into a 3-unit and he is seeking this zone change in order to make it legally able be a 3-unit. From the staff inemo: A. The applicant is seeking a zone change for the property at Map-Lot 014-101, located at 54 Webster Avenue, from the Urban Residence 1 District (URD-1) to the Urban Residence 2 District (URD-2). The change to the URD-2 district would allow for three dwelling units on the property versus the current one unit allowed by the URD-1 zone. However, the affordable housing density bonus provided by the LD 2003 changes could allow more units to be created. B. The neighborhood primarily consists of URD-1, with some NSD lots nearby, adjacent to Hammond Street. There are several legally nonconforming multi-unit dwellings in the vicinity of this property and the property itself is a legally non-conforming 2-unit. C. This area is within the growth boundary shown in the 2022 Comprehensive Plan and the future land use map in the Plan shows this area as consisting of"medium to high-density 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 9.5.23 54 Webster Avenue—Map-Lot 014-101 neighborhoods surrounding the Downtown and encompassing most of the City's historic residential areas". Member Huhn and Chair Perkins asked the applicant clarifying questions about the current status of the third unit. The applicant mentioned a neighbor's concerns with having 4 units on the property, but the property would not have sufficient lot size for 4 units. Elizabeth Farrell, an adjacent property owner, stated she has a legal 3-unit on her property and supports the applicant's zoning request in order to also create a legal 3-unit. Chair Perkins asked the applicant for clarification about other multi-unit dwellings nearby. Rush listed other legally non-conforming multi-unit buildings in the vicinity of his property. Member Brush asked about the effect of LD 2003 in relation to the proposed use. Chair Perkins stated he had originally hoped those changes would help with situations such as this, but given the lot size requirements for URD-1, it would not. Additionally, the minimum State requirements state that if a duplex is present, no more units can be added, so the applicant would not be able to add a third unit if the property remained in URD-1. Perkins stated his hesitancy with approving this zone change if the LD 2003 provisions would not allow the use. Rush noted a nearby property that was re-zoned from URD-1 to URD-2 and the presence of other multi-units directly around his property. Member Bazinet motioned to recommend that the zone change ought to pass. Vice Chair Brush seconded the motion. The motion passed with 6 voting in favor and 1 opposed. Anja Collette Page 2 � 2 IN CITY COUNCIL AUGUST 28, 2023 COrd 23-259 First Reading and Referral to Planning Board Meeting of September 5, 2023 ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL SEPTEMBER 11, 2023 COrd 23-259 Motion made and seconded for Passage Vote: 7— 1 Councilors Voting Yes: Davitt, Hawes, Pelletier, Schaefer, Tremble, Yacoubagha, Fournier Councilors Voting No: Sprague Passed ��.�` � M,�� w�� s� CITY CLERK