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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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
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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
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CITY CLERK