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Home My WebLink About2024-05-29 24-164 Ordinance24-164 05/29/2024 CITY COUNCIL ACTION Council Meeting Date: May 29, 2024 Item No: 24-164 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending Chapter 165, Land Development Code, to Increase Height Allowances in the Multifamily & Service District and Urban Service District and for Rooftop Solar Arrays and Rooftop Mechanical Equipment Summary The proposed changes would update the City's Code of Ordinances to increase the maximum height for buildings in the Multifamily & Service District (M&SD) and Urban Service District (USD) to 60 feet if located on a lot that fronts a major or minor arterial street. The changes would also allow rooftop mechanical equipment or solar arrays to extend beyond the maximum district height with some stipulations. The proposed changes could make housing projects and redevelopment in general in the M&SD and USD districts more financially feasible and could allow for more units on these lots. The 2022 Comprehensive Plan suggests that the City 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. Additionally, the Penobscot Climate Action Plan recommends updating zoning to enable the construction of renewable energy infrastructure on rooftops and other developed areas. Committee Action Committee: Planning Board Action: Staff Comments & Approvals L� City Manager Introduced for: First Reading and Referral Meeting Date: June 4, 2024 For: 44VL-- City Solicitor Against: Finance Director 24-164 05/29/2024 CITY COUNCIL ORDINANCE Date: May 29, 2024 Assigned to Councilor: Schaefer ORDINANCE, Amending Chapter 165, Land Development Code, to Increase Height Allowances in the Multifamily & Service District and Urban Service District and for Rooftop Solar Arrays and Rooftop Mechanical Equipment WHEREAS, the proposed changes would update the City's Land Development Code to increase the maximum height for buildings in the Multifamily & Service District (M&SD) and Urban Service District (USD), and for rooftop mechanical equipment and solar arrays; WHEREAS, the proposed changes could make housing projects and redevelopment in general in the M&SD and USD districts more financially feasible and could allow for more units on these lots; WHEREAS, the 2022 Comprehensive Plan suggests that the City 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; WHEREAS, the Penobscot Climate Action Plan recommends updating zoning to enable the construction of renewable energy infrastructure on rooftops and other developed areas; 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 exhibit and the Code of the City of Bangor is amended as follows: § 165-80.2 Solar array overlay. D. Zoning compliance. (1) Except as provided in Subsection C above, solar arrays are allowed in all districts, subject to the standards contained in this Code, excei)t, however, that roof -mounted or building -integrated solar shingles, r.nels, or cano[)ies are allowed to extend above aimlicable maximum district height s • § 165-135 Application and explanation of standards. A. Height limits. Height limitations are established by three factors which define a building envelope for sspecific 24-164 05/29/2024 r r -r r w•. -. �. .'• MMj Imp I �•• • - .' -r r - r- , • -� r - r 1 - ,r• • • IMP MUMMMUMOMI •• i 00 Efm • - -- -# oil 2^4 1 f - _s above the maximum district height limitation as follows: •- , • - r • -•FIRM - - , - • , • • - r- • MAMMW r• rr r • - irr r - - • - i•• • • . skvAA'FMMMI• I - rr - r • . r r + 11661 1 - s; •• - •- • • - •• • • - - • -17. 11r - r • r• rr r • - irr r - - • - i•• • • .MOM _ • building - •r•sketch below• of s on - • control. Additions underlined, deletions slkr 24-164 MAY 29, 2024 LAND DEVELOPMENT 165 Attach�nent 2 City of Bangor Schedule A Urban Developed Area Articie XIII, §§ 165-88 through 165-97 Minimum Minimum Minimum Minimum Maximum Minimum Maximum Minimum Front Yard Side Yard Rear Yard Maximum Water Maximum District Height Lot Area Lot Lot Width Depth Depth Depth Impeivious Setback Floor Area Zoning Districts (feet) (square feet) Coverage (feet) (feet) (feet) (feet) Surface Ratio (feet) Ratio Multifanuly and Service(M 4510 � 50% 50 10 5 5 0.85 -- -- &SD) Urban Service(USD) �4510 10,000 40% 80 10 10 108 None -- -- NOTES: io Ma�mum height is 60 feet if a lot has frontage on a major or nunar arterial siseet. 165 Attachment 2:1 suPP i,Fee zoz3 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 Debbie Laurie, City Manager From: Anja Collette, Planning Officer Date: June 5, 2024 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation June 4, 2024 Amending Chapter 165, Land Development Code, to Increase Height Allowances in the Multifamily & Service District and Urban Service District and for Rooftop Solar Arrays and Rooftop Mechanical Equipment 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 June 4, 2024. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were Chair Reese Perkins, Vice Chair Ted Brush, Members Trish Hayes and Jonathan Boucher, and Alternate Member Janet Jonas. Planning Officer Collette presented the proposed changes to the ordinance. From the staff inemo: A. The proposed changes would update the City's Code of Ordinances to increase the maximum height for buildings in the Multifamily & Service District (M&SD) and Urban Service District (USD) to 60 feet if located on a lot that fronts a major or minor arterial street. For lots that abut the URD-1, URD-2, or LDR districts, building envelope standards would apply, so the maximum height would be lower at the side and rear yard setbacks. B. The changes would also allow rooftop mechanical equipment or solar arrays to extend beyond the maximum district height with some stipulations. Per feedback received at the last meeting, mechanical equipment or solar arrays could not extend beyond a certain distance above maximum district height — a maximum of 10 feet beyond for mechanical equipment and a varying maximum for solar arrays depending on whether the building is in a residential or non-residential zone. Additionally, rooftop mechanical equipment would need to be screened if located in a residential zone. The maximum heights were determined based on feedback from Code Enforcement and based on examples from other municipalities, such as Portland. 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 6.4.2024 Te�t Change-Height Limits C. The proposed changes could make housing projects and redevelopment in general in the M&SD and USD districts more financially feasible and could allow for more units on these lots. The 2022 Comprehensive Plan suggests that the City 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. Additionally, the Penobscot Climate Action Plan recommends updating zoning to enable the construction of renewable energy infrastructure on rooftops and other developed areas. Vice Chair Brush asked for clarification on which streets qualified as major and minor arterials. Planning Officer Collette provided some examples, including Broadway, Stillwater Avenue, and Ohio Street. There were no public comments. Member Boucher moved to recommend to City Council that the proposed changes ought to pass. Vice Chair Brush seconded the motion. The motion passed 5:0 with all members voting in favor. The result of the vote is that a majority of Planning Board members voted to recommend that the proposed changes ought to pass. Anja Collette Page 2 � 2 IN CITY COUNCIL May 29, 2024 COrd 24-164 First Reading and Referral to Planning Board Meeting of June 4, 2024 ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL June 10, 2024 COrd 24-164 Motion made and seconded for passage Vote: 9 —0 Councilors Voting Yes: Deane, Fish, Fournier, Hawes, Leonard, Schaefer, Tremble, Yacoubagha, Pelletier Councilors Voting No: None Passed ��.�` � M,�� w�� s� CITY CLERK