HomeMy WebLinkAbout2024-11-25 25-015 Ordinance25-015 11/25/2024 CITY COUNCIL ACTION Council Meeting Date: November 25, 2024 Item No: 25-015 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: 013-024 Title, Ordinance Amending Chapter 165, Land Development Code, District Map to Re -zone a Property Located at 74 Allen Street from Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2). Summary This ordinance would amend the Land Development Code, District Map to re -zone the property at Map -Lot 013-024, located at 74 Allen Street, from Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2). The total area requested to be changed is approximately 0.13 acres. The applicant and owner of record is Zansa Realty, LLC. 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: December 3, 2024 For: City Manager City Solicitor Introduced for: First Reading and Referral Against: I Y L Finance Director 25-015 11/25/2024 CITY COUNCIL ORDINANCE Date: November 25, 2024 Assigned to Councilor: Leonard ORDINANCE, Amending Chapter 165, Land Development Code, District Map to Re -zone a Property Located at 74 Allen Street from Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2). WHEREAS, the land uses around the property consist primarily of single family and some multi -family; WHEREAS, the zoning around the property consists primarily of Urban Residence 1 District (URD-1), with some Urban Residence 2 District (URD-2) and Neighborhood Service District (NSD); 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 013-024, located at 74 Allen Street, from Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2). The total area requested to be changed is approximately 0.13 acres and is shown in the attached exhibit. � � �. � `'�:. ��.�... 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' '��\ - _ �� �� � � �� � �� � s��` �� � OO�, � �'� ��y� ; - �\\ � �� ,; �� ��� �� 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: December 3, 2024 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation December 3, 2024 Zone Change — Map-Lot 013-024 — 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 December 3, 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, and Janet Jonas. Alternate Member Jennifer King was also in attendance and voting in place of the currently vacant seat. Member Jonas brought up a potential conflict of interest since she lives near the property under review. In response to questions from Solicitor Szewczyk, Member Jonas stated that she remained unbiased towards the application. The Board voted unanimously that Member Jonas did not have a conflict of interest. The applicant, Tom Colbath, presented to the Board and explained that the purpose of the zone change request was to be able to add a second unit on the property. From the staff inemo: A. The applicant is seeking a zone change for a portion of their property located on Birch Street from Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2). The property requested to be changed is shown in the exhibits in your packets. With the current lot size, a change to URD-2 would allow for 2 residential units on this property. B. The area around the property consists primarily of low to medium density residential uses. A map is included in your packets that shows the number of units on each property in the area. The zoning directly around the property consists primarily of Urban Residence 1 District (URD-1), with some Urban Residence 2 District (URD-2) and Neighborhood Service District (NSD). 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 12.3.2024 74 Allen Street—Map-Lot 013-024 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 recommends the Board find this proposed change to be in alignment with the Comprehensive Plan. Member Boucher asked for clarification about whether the second unit is existing or not. Colbath stated that the home is currently single-family and that he is trying to create a second unit. Member King asked if there were any abutter comments on the application. Planning Officer Collette stated there were not. There was discussion amongst Board members about the existing zoning in the area being mostly URD-1, but also about the current presence of multi-family residences on properties in URD-1. Solicitor Szewczyk discussed Maine case law on spot zoning, which concluded that spot zoning is not necessarily illegal as long as it conforms to an adopted comprehensive plan. Szewczyk stated the need for the Board to have a discussion on whether this zone change is consistent with the comprehensive plan. Member Perkins discussed why he did not feel this met the comprehensive plan, citing the lack of specificity in the comprehensive plan and the lack of inention of multi-family zoning. Planning Officer Collette clarified that the purpose of the comprehensive plan is to be somewhat vague rather than set out zoning at the start. The comprehensive plan is implemented through zone changes, whether on a case-by-case basis or through a large-scale change like the City is currently undertaking. The Board is meant to interpret the comprehensive plan when determining specific zone changes that should happen. Member King asked if it was the intent of the comprehensive plan to have a large-scale rezoning effort afterwards. Collette confirmed this, stating that changing the zoning to align with the plan is one of the first things to do after adopting the plan; however, because that process takes so long, there is a limbo period where people will be applying for zone changes. Collette also noted that the frequency of these types of zone change requests are an indication that the current zoning isn't working and that one of the goals of the comprehensive plan was to provide a guide for creating zoning that does work. Chair Perkins expressed that multi-family zoning was never really discussed during the comprehensive plan process, except during when LD 2003 was being discussed. Perkins expected that ordinance change to help, but it hasn't due to lot size restrictions. Perkins stated that this zone change would allow for another unit of housing to be created, which could be interpreted as following the comprehensive plan. Member Jonas asked how this differed from other zone changes the Board has voted to recommend. Planning Officer Collette and Solicitor Szewczyk stated that the Board has to consider each Page 2 � 3 CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL 12.3.2024 74 Allen Street—Map-Lot 013-024 application on its own merits. Member Boucher pointed out there could be an accessory dwelling unit on this property currently, which would also create 2 units. Stated that he did not feel this change would fundamentally change the character of the neighborhood. Member King agreed with Member Boucher and pointed out that it was telling that no abutters spoke out against the application. Member Boucher also stated he didn't feel any of the other allowed uses in URD-2 to be out of keeping with the surrounding neighborhood. There were no public comments. Vice Chair Brush moved to recommend to City Council that the proposed change ought to pass. Member Jonas seconded the motion. The motion passed 5:1 with all members voting in favor except for Chair Perkins who voted to oppose. The result of the vote is that a majority of Planning Board members voted to recommend that the proposed change ought to pass. Anja Collette Page 3 � 3 IN CITY COUNCIL NOVEMER 25, 2024 COrd 25-015 Motion made and seconded for First Reading and Referral to Planning Board Meeting of December 3, 2024 Passed �����:.����� � �� ����,�������.���� �� CITY CLERK IN CITY COUNCIL DECEMBER 9, 2024 COrd 25-015 Motion made and seconded for Passage Vote: 7— 1 Councilors Voting Yes: Beck, Deane, Fish, Fournier, Hawes, Tremble, Pelletier Councilors Voting No: Tremble Passed ���.�` � �� �������w������ � �s� CITY CLERK