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Home My WebLink About2023-09-11 23-270 Ordinance23-270 09/11/2023 CITY COUNCIL ACTION Council Meeting Date: September 11, 2023 Item No: 23-270 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: R14-006-C Title, Ordinance Amending Chapter 165, Land Development Code, District Map to Re -zone Property Located on Ohio Street from Urban Residence 1 District (URD-1) and Rural Residence and Agricultural District (RR&A) to High -Density Residential (HDR). Summary The applicant is seeking a zone change for the property at Map -Lot R14-006-C, located on Ohio Street, from the Urban Residence 1 District (URD-1) and Rural Residence and Agricultural District (RR&A) to High -Density Residential (HDR). The total area requested to be changed is approximately 9.11 acres and is shown in the attached exhibit. The change to the HDR district would allow for larger multi -family dwellings and other high density residential uses on the property versus the current low density residential uses allowed by the URD-1 and RR&A zones. The neighborhood consists of a mix of single-family homes, townhomes, and apartment buildings. The zoning in the area is primarily a mixture of URD-1, LDR, RR&A, and HDR, with some G&ISD where there are schools. 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 -density residential development with limited commercial and institutional uses that are complementary to the surrounding residential land uses". Committee Action Committee: Planning Board Action: Staff Comments & Approvals �AaL_' . City Manager Introduced for: First Reading and Referral Meeting Date: September 19, 2023 For: O* City Solicitor Against: Finance Director 23-270 09/11/2023 CITY COUNCIL ORDINANCE Date: September 11, 2023 Assigned to Councilor: Hawes ORDINANCE, Amending Chapter 165, Land Development Code, District Map to Re -zone Property Located on Ohio Street from Urban Residence 1 District (URD-1) and Rural Residence and Agricultural District (RR&A) to High -Density Residential (HDR). WHEREAS, at present, the zoning of the property allows low -density residential and this zone change would allow for higher density residential; WHEREAS, the 2022 Comprehensive Plan shows this area as consisting of "medium -density residential development with limited commercial and institutional uses that are complementary to the surrounding residential land uses"; 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 R14-006-C, located on Ohio Street, from the Urban Residence 1 District (URD-1) and Rural Residence and Agricultural District (RR&A) to High -Density Residential (HDR). The total area requested to be changed is approximately 9.11 acres and is shown in the attached exhibit. 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 20, 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 19, 2023 Amending Chapter 165, Land Development Code, District Map to Re-zone Property Located on Ohio Street from Urban Residence 1 District (URD-1) and Rural Residence and Agricultural District (RR&A) to High-Density District (HDR) 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 19, 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. Harvey Sprague, applicant and partial owner of the property, presented the proposed change to the Board. Sprague explained that this change would make the property more conducive to building housing. From the staff inemo: A. The applicant is seeking a zone change for the property at Map-Lot R14-006-C, located on Ohio Street, from the Urban Residence 1 District (URD-1) and Rural Residence and Agricultural District (RR&A) to High-Density Residential (HDR). The change to the HDR district would allow for larger multi-family dwellings and other high density residential uses on the property versus the current low density residential uses allowed by the URD-1 and RR&A zones (single family homes, attached residential, tiny home parks or manufactured home parks inside the growth boundary, and buildings with 2 to 4 dwelling units per the changes from LD 2003). B. The neighborhood consists of a mix of single-family homes, townhomes, and apartment buildings. The zoning in the area is primarily a mixture of URD-1, LDR, RR&A, and HDR, with some G&ISD where there are schools. 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 9.19.23 Ohio Street—Map-Lot R14-006-C 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-density residential development with limited commercial and institutional uses that are complementary to the surrounding residential land uses". Member Boucher asked about the availability of utilities in this area. City Engineer Theriault stated that public water was available, but the applicant would likely have to some work to extend sewer up Ohio Street. Concerns were heard from neighboring property owners related to the impact of high-density development on traffic, the environment, utilities, and quality of life for the neighborhood. Many felt that high-density residential would not fit with the surrounding lower density residential uses. There was some confusion and concern expressed regarding lack of detail on proposed plans for the property. Chair Perkins and staff clarified that the process is to apply for a zone change first and then return with site plans containing more detail on the development; Perkins emphasized that Board members must consider the zone change based on the range of potential uses in the proposed zone, not necessarily what the applicant is planning to do. Some abutters expressed concerns about the available right-of-way being too narrow for a driveway into a potential development. City Engineer Theriault stated that based on his evaluation, it would be wide enough for a 22-foot wide driveway, which is the same width of the driveway for the neighboring Sable Ridge development. Some abutters felt that the proposed change did not fit with the future land use for the area designated in the 2022 Comprehensive Plan and felt that this would be spot zoning. The same abutters expressed concerns about the range of potential uses listed for the HDR zone. Development Director Krieg explained that the City is currently in the position of having passed the Comprehensive Plan, but not having implemented the land use section of the Plan, the significance being that the terms used in the Comprehensive Plan are not currently defined and therefore not strictly comparable to the wording used for the current zoning districts. Krieg explained that the term "medium-density" has not yet been defined, but that it is anticipated to be the next step down from what exists currently in the urban neighborhoods. However, it's unclear how it will look at this time since the City has not yet gone through the implementation process. Krieg emphasized that it is the burden of the applicant to show evidence supporting the change and that the Board should consider what the overall build-out of the property could be. Alternate Member Saucier commented about some bias expressed by abutters towards apartments and pointed out that there are several non-resident owners of townhomes in the neighboring Sable Ridge development. Saucier asked why the applicant did not request to go to URD-1 instead of HDR. Board members discussed interpretation of the wording used for the area in the future land use plan. Member Meagher asked about the timing of the implementation phase and if that could result in the Page 2 � 3 CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL 9.19.23 Ohio Street—Map-Lot R14-006-C zoning in this area potentially changing. Krieg anticipated the implementation beginning this winter and confirmed that it is possible the zoning could change. Chair Perkins discussed his ambivalence on the change due to concerns about lack of housing on one hand, but concerns about spot zoning and lack of definition in the land use plan on the other. Vice Chair Brush made a motion to recommend that the zone change ought to pass. Member Boucher seconded the motion. The motion failed with 5 members opposing and 2 in favor. The votes were as follows: Member Bazinet — no; felt that this would be spot zoning. Vice Chair Brush - no; felt that the change would be contrary to the Comprehensive Plan. Member Meagher— no; had concerns about the Comprehensive Plan not yet being implemented and the lack of definition for medium density in the future land use map within the Plan. Member Huhn — no; felt that definitions needed to be more established and that the change would be contrary to the Comprehensive Plan. Chair Perkins - no; felt that the change would not fit with the Comprehensive Plan. Member Hayes — yes; felt that the issues brought up by residents would be addressed during the site plan process. Member Boucher— yes; didn't feel that the change would be spot zoning since it didn't seem very much out of line with what currently exists in the area. Similar to Member Hayes, felt that the issues brought up would be dealt with during the site plan process. The result of the vote is that a majority of Planning Board members voted to recommend that the proposed amendments ought not to pass. Anja Collette Page 3 � 3 IN CITY COUNCIL SEPTEMBER 11, 2023 COrd 23-270 Motion made and seconded for First Reading and Referral to Planning Board Meeting of September 19, 2023 Vote: 8 —0 Councilors Voting Yes: Davitt, Hawes, Pelletier, Schaefer, Sprague, Tremble, Yacoubagha, Fournier Councilors Voting No: None Passed ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL SEPTEMBER 25, 2023 COrd 23-270 Motion made and seconded for Passage Vote: 0 —7 Councilors Voting Yes: None Councilors Voting No: Davitt, Leonard, Schaefer, Sprague, Tremble, Yacoubagha, Fournier Motion Failed ��.�` � M,�� w�� s� CITY CLERK