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Home My WebLink About2024-10-16 24-318 Ordinance24-318 10/16/2024 CITY COUNCIL ACTION Council Meeting Date: October 16, 2024 Item No: 24-318 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: 021-007 Title, Ordinance Amending Chapter 165, Land Development Code, District Map to Re -zone a Property Located at 12 Wiley Street from Urban Residence 1 District (URD-1) to Multifamily & Service District (M&SD). Summary This ordinance would amend the Land Development Code, District Map to re -zone the property at Map -Lot 021-007, located at 12 Wiley Street, from Urban Residence 1 District (URD-1) to Multifamily & Service District (M&SD). The total area requested to be changed is approximately 0.15 acres. The applicant and owner of record is Reannah Glidden. This area is within the growth boundary shown in the 2022 Comprehensive Plan and the future land use map in the Plan shows this property in the Urban Neighborhood area which consists of "medium to high -density residential neighborhoods surrounding the Downtown and encompassing most of the City's historic residential areas". The Planning Division finds this proposed change to be in alignment with the Comprehensive Plan. Committee Action Committee: Planning Board Action Staff Comments & Approvals Meeting Date: November 19, 2024 For: Against: City Manager City Solicitor Finance Director Introduced for: First Reading and Referral 24-318 10/16/2024 CITY COUNCIL ORDINANCE Date: October 16, 2024 Assigned to Councilor: Fournier ORDINANCE, Amending Chapter 165, Land Development Code, District Map to Re -zone a Property Located at 12 Wiley Street from Urban Residence 1 District (URD-1) to Multifamily & Service District (M&SD). WHEREAS, the land uses around the property consist primarily of multifamily and single family; WHEREAS, the zoning around the property consists primarily of Urban Residence 1 District (URD-1), with some Urban Residence 2 District (URD-2); WHEREAS, the 2022 Comprehensive Plan and the future land use map in the Plan shows this property in the Urban Neighborhood area which consists of "medium to high -density residential neighborhoods surrounding the Downtown and encompassing most of the City's historic residential areas"; WHEREAS, the 2022 Comprehensive Plan suggests revising zoning regulations as needed to support the development of housing within the growth boundary; 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 021-007, located at 12 Wiley Street, from Urban Residence 1 District (URD-1) to Multifamily & Service District (M&SD). The total area requested to be changed is approximately 0.15 acres and is shown in the attached exhibit. � w � �� "�'��..�� 7'�``Y'� �- �'��'�.l"�''�� . .. � " �3 �V�E L,�l'l�r'1 � �``��I' � _� �ITY �� BANG+C�R �r�,aNuvlr�� arvrsrc�� Memorandum To: Honorable Bangor City Council Debbie Laurie, City Manager From: Anja Collette, Planning Officer Date: November 19, 2024 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation November 19, 2024 Zone Change — Map-Lot 021-007 — Urban Residence 1 District (URD-1) to Multifamily & 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 November 19, 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, and Members Jonathan Boucher, Trish Hayes, Janet Jonas, and Mike Bazinet. Alternate Member Jennifer King was also in attendance and voting in place of the currently vacant seat. The applicant, Reannah Glidden, presented to the Board and explained that the purpose of the zone change request was to be able to legally operate a fourth unit on the property. From the staff inemo: A. The applicant is seeking a zone change for their property located on Wiley Street from Urban Residence 1 District (URD-1) to Multifamily & Service District (M&SD). The property requested to be changed is shown in the exhibits in your packets. B. The area around the property consists of primarily of multi-family and single family uses. A map is included in your packets that shows the number of units on each property in the area. The zoning around the property consists primarily of Urban Residence 1 District (URD-1), with some Urban Residence 2 District (URD-2). 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 property in the Urban Neighborhood area, which consists of "medium to high-density residential neighborhoods surrounding the Downtown and encompassing most of the City's historic residential areas". The Planning Division finds this proposed change to be in alignment with the Comprehensive Plan. Member Boucher asked about why this was a request to go to M&SD versus URD-2. Planning Officer 73 HARLOW STREET,BANGOR,ME 04401 TELEPHONE: (207)992-4280 FAX: (207)945-4447 WWW.BANGORMAINE.GOV CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMIV�NDATION TO CITY COUNCIL 11.19.2024 12 Wiley Street—Map-Lot 021-007 Collette stated that with the current lot size, URD-2 would only allow them to have 2 units. Member Boucher asked the applicant for clarification about the current situation and what they were trying to do. The applicant stated that they had a legally non-conforming 3-unit, but that a fourth unit was added on illegally by a previous owner. They're requesting the zone change in order to legally operate the fourth unit. Chair Perkins read the description of the URD-1 district, in which this property lies. Stated that this is what people expect when they purchase property in the zone and feels that these types of problems (referring to non-conforming multi-units in URD-1) should be handled using a neighborhood-level zone change. Planning Officer Collette advised the Board that case law has dictated that the Comprehensive Plan, as well as current surrounding land uses, be the guiding force when deciding on zone changes. Chair Perkins stated his feeling that spot zoning of this nature wouldn't align with the Comprehensive Plan. Perkins also stated that court cases have determined that zone changes should be fair and equitable to surrounding property owners, and that this change wouldn't be fair to the surrounding URD-1 property owners. Alternate Member King asked if there were any public comments that were received by the office. Collette stated there were not. Collette also pointed out that the existing Code does not align with the Comprehensive Plan and that individuals are empowered to apply for zoning map amendments. Chair Perkins asked about the data source for the map of multi-units in the packet; Collette stated that it came from the tax data. Perkins felt that the tax data is unreliable and some of the multi-units shown could be single-family. King pointed out that the reverse could also be true. Member Boucher stated that the change to M&SD introduced many more possible uses and that was the concern of some of the Board members. Member King asked if conditions could be added to the zone change. Collette stated that would be a contract zone change, which would need a separate application. Collette also stated that uses couldn't be restricted with that method. There were no public comments. Member Boucher moved to recommend to City Council that the proposed change ought to pass. Member Jonas seconded the motion. The motion failed 5:2 with Brush, Boucher, Hayes, King, and Perkins voting not in favor, and Members Jonas and Bazinet voting in favor. Below are the reasons listed by each Member for their dissenting votes: • Vice Chair Brush —felt that this would be spot zoning and would be inconsistent with the neighborhood • Member Boucher— echoed Member Brush's concerns Page 2 � 3 CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMIV�NDATION TO CITY COUNCIL 11.19.2024 12 Wiley Street—Map-Lot 021-007 • Member Hayes —felt that this would be inconsistent with the neighborhood • Member King —felt that this would be spot zoning and she did not feel that M&SD would be the best option for re-zoning • Chair Perkins —feels that zoning should be changed on a neighborhood scale rather than one parcel at a time and feels that this would be spot zoning 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 OCTOBER 16, 2024 COrd 24-318 First Reading & Referral to Planning Board Meeting of November 19, 2024 ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL NOVEMBER 23, 2024 COrd 24-318 Philip Henry spoke on behalf of the property owner stating that she is a new owner and the property has been a 4-unit property since the 1970's. Justin Cartier encouraged the passage of this item. Motion made and seconded for Passage Vote: 8 — 1 Councilors Voting Yes: Beck, Deane, Fish, Fournier, Hawes, Leonard, Tremble, Pelletier Councilors Voting No: Mallar Passed ��.�` � M,�� w�� s� CITY CLERK