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Home My WebLink About2023-09-25 23-295 ORDINANCE23-295 09/25/2021 CITY COUNCIL ACTION Council Meeting Date: September 25, 2023 Item No: 23-295 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending Chapter 165, Land Development Code, by Adding the Use of Permanent Supportive Housing as a Conditional Use in the Low -Density Residential (LDR), High -Density Residential (HDR), and Multi -family and Service District (M&SD) Zones Summary The proposed changes would update the City's Land Development Code to add the use of Permanent Supportive Housing as a conditional use in the LDR, HDR, and M&SD zones. A Council Ordinance adopted on October 24, 2022 defined this use and added it as a conditional use to the Government & Institutional Service District (G&ISD) zone. This use is akin to Transitional Housing in that there are staff available for support services to residents, but it differs in that the residents may reside there permanently. It is not the same as group homes as defined or other congregate care, as the people reside in efficiency units and thus have more independence. The use is defined as "a multifamily building or multiple buildings on a lot that contain(s) permanent, project -based supportive housing which are funded with project -based vouchers and associated services to residents." This proposal aligns with the 2022 Comprehensive Plan, which suggests that the City revise zoning regulations to remove barriers to development for a variety of housing types including single -room occupancy housing, tiny homes, and transitional housing. The proposed dimensional controls, including minimum lot size and setbacks, follow the requirements for attached residential developments (townhouses) and congregate care housing. Committee Action Committee: Planning Board Action: Staff Comments & Approvals City Manager Introduced for: First Reading and Referral Meeting Date: October 3, 2023 For: City Solicitor Against: Finance Director 23-295 09/25/2021 CITY COUNCIL ORDINANCE Date: September 25, 2023 Assigned to Councilor: Davitt ORDINANCE, Amending Chapter 165, Land Development Code, by Adding the Use of Permanent Supportive Housing as a Conditional Use in the Low -Density Residential (LDR), High -Density Residential (HDR), and Multi- family and Service District (M&SD) Zones. WHEREAS, the proposed changes would update the City's Land Development Code to add the use of Permanent Supportive Housing as a conditional use in the LDR, HDR, and M&SD zones; WHEREAS, the City Council has a policy to create residential units where feasible; WHEREAS, the 2022 Comprehensive Plan suggests that the City revise zoning regulations to remove barriers to development for a variety of housing types including single -room occupancy housing, tiny homes, and transitional housing; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165, Attachment 3 — Schedule B of the Code of the City of Bangor is amended as shown on the attached, and Chapter 165 of the Code of the City of Bangor is amended as follows: D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: () Permanent supportive housing. 165-100 High -Density i i District . D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: 23-295 09/25/2021 23-295 SEPTEMBER 25, 2023 LAND DEVELOPMENT 165 Attachment 3 City of Bangor Schedule B Developing Area Article XIV, §§ 165-99 through 165-103.1 Minimum Minimum Minimum Minimum Maximum Maximum Maximum Maximum Maximum Maximum Minimum Minimum Minimum Lot Area Front Side Yard Rear Yard Dwelling Dwelling Height Lot Floor Area Impervious Open Lot Width Buffer Zoning Districts (square feet) Yard Depth Depth Units per Units per (feet) Coverage Ratio Surface Space (feet) Yard Type Depth (feet) (feet) Acre Building Ratio (feet) Low -Density Residential (LDR) Conditional uses Attached residential 3 acres (for 30 20 25 5 6 35 25% NA 0.3 35% of 100 A dwellings the site gross 4to [Article XIV, §165- acreag 99D(1)], Permanent e supportive housing High -Density Residential (HDR) Conditional uses Congregate housing, 2 acres 30 20 25 25 100 45 30% 1 0.6 NA 125 B Permanent supportive housing 165 Attachment 2:1 02 - 0I - 2019 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: October 3, 2023 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation October 3, 2023 Amending Chapter 165, Land Development Code, by Adding the Use of Permanent Supportive Housing as a Conditional Use in the LDR (Low-Density Residential), HDR (High-Density Residential), and M&SD (Multi-family and Service District) Zones 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 October 3, 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. Planning Analyst Anja Collette reviewed the proposed amendments with the Board. From the staff inemo: A. The proposed changes would update the City's Land Development Code to add the use of Permanent Supportive Housing as a conditional use in the LDR, HDR, and M&SD zones. A Council Ordinance adopted on October 24, 2022 defined this use and added it as a conditional use to the G&ISD (Government & Institutional Service District) zone. B. This use is akin to Transitional Housing in that there are staff available for support services to residents, but it differs in that the residents may reside there permanently. It is not the same as group homes as defined or other congregate care, as the people reside in efficiency units and thus have more independence. The use is defined as "a multifamily building or multiple buildings on a lot that contain(s) permanent, project-based supportive housing which are funded with project-based vouchers and associated services to residents." C. This proposal aligns with the 2022 Comprehensive Plan, which suggests that the City revise zoning regulations to remove barriers to development for a variety of housing types including single-room occupancy housing, tiny homes, and transitional housing. The 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 10.3.23 Land Development Code—Permanent Supportive Housing proposed dimensional controls, including minimum lot size and setbacks, follow the requirements for attached residential developments (townhouses) and congregate care housing. Chair Perkins asked a question about the number of people that could occupy individual units within this type of use. Development Director Krieg and Planning Analyst Collette clarified that that issue would be governed by the building code and that the same rules would apply to this type of use as to any other type of residential use. There were no other questions from the Board and no questions from the public. Member Meagher made a motion to recommend that the amendments ought to pass. Vice Chair Brush seconded the motion. All members voted in favor of the motion. The result of the vote is that a majority of Planning Board members voted to recommend that the proposed amendments ought to pass. Anja Collette Page 2 � 2 IN CITY COUNCIL SEPTEMBER 25, 2023 COrd 23-295 First Reading and Referral to Planning Board Meeting of October 3, 2023 ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL OCTOBER 11, 2023 COrd 23-295 Motion made and seconded for Passage Vote: 6—0 Councilors Voting Yes: Davitt, Pelletier, Sprague, Tremble, Yacoubagha, Fournier Councilors Voting No: None Passed ��.�` � M,�� w�� s� CITY CLERK