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HomeMy WebLinkAbout2015-04-13 15-137 ORDINANCECOUNCIL ACTION Item No. 15-137 Date: April 13, 2015 Item/Subject: ORDINANCE, Amending Chapter 165, Land Development, of the Code of the City of Bangor, By Amending Zoning Requirements for the Low -Density Residential Parcels and High Density Residential Parcels and by Amending Schedule B Responsible Department: Planning Commentary: This ordinance amendment would amend the zoning requirements for the Low Density Residential District (LDR) and the High Density Residential District (HDR). This amendment would also amend Schedule B to reflect changes made to the Low Density Residential District and the High Density Residential District. The LDR changes reflect an adjustment to the minimum lot size for cluster developments and the elimination of Zero Lot Line development which has not show any likelihood of being used. The HDR changes are a realignment of housing types and densities to reflect our current experience with multi -family housing in Bangor. /s/ Tanya L. Emery Department Head Manager's Comments: For Referral to the Planning Board Meeting of April 21, 2015 ern- �Q i City Manager Associated Information: Ordinance Budget Approval: Finance Director Legal Approval: 5 City Solicitor Introduced for Passage x First Reading x Referral to Planning Board on April 21, 2015 15-137 APRIL 13, 2015 r Assigned to Councilor Baldacci CI`T"Y OF BANGOR 4 D FE0rf1 ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Amending Zoning Requirements for Low -Density Residential Parcels and High Density Residential Parcels and By Amending Schedule B WHEREAS, the Low -Density Residential District provides for detached single family housing in developing areas of the City and attached residential units under certain conditions and; WHEREAS, a few elements of the district have not been undertaken since there adoption in 1991 or have resulted in undesirable results the proposed amendment seeks to undertake some adjustments to correct those conditions; and; WHEREAS, the High Density Residential District is intended to accommodate high density residential development in the developing areas of the city; WHEREAS, over time the housing types and associated development densities have been left undefined and provided a somewhat disorganized development scheme; AND WHEREAS, the amendment seeks to create uniform density standards and eliminate these existing inconsistencies BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 155 of the Code of the City of Bangor be amended as follows: § 165-95. Low -Density Residential District (LDR). A. Statement of purpose. The Low -Density Residential District is established to provide for both traditional and innovative family living on both individual kAinq lets and group in attached development arrangements and to promote a stablehealthy and desirable family living residential environment. B. Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through )CII and the specific development standards of Article XIX of this chapter. C. Permitted uses. The following uses are permitted in this district: (1) Single family detached dwellings, A single building containing one dwelling unit. (2) Home occupation or profession (subject to the requirements of Article IV). 15-137 APRIL 13, 2015 (3) Community living arrangements, in accordance with 30-A M.R.S.A. § 4357-A, as may be amended. (4) Cluster subdivision for detached one dwelling unit buildings, provided that: (a) Such prajeet subdivision contains a minimum area of three acres. (b) Overall density shall not exceed three dwelling units per gross acre. The minimum lot size is 8,000 sguare feet. (e) (M Provision is made for the maintenance in perpetuity of open space areas in such a project. (d) (M Such project receives approval under Article XVI of this chapter. (e) (Q Such project has water service from the Bangor Water District. Lots less than one acre shall be served by sewer service from the City of Bangor. (5) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any use approved under Subsection D below. D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (1) Attached residential, provided that: (a) Such preject-sitg develoQment contains a minimum area of three acres. Ub Such site development does not exceed five dwelling units pgr acre. (b) (g) Such pFeje site development meets the requirements for such a development in Article XM fe) (M Such site development receives approval under Article XVI. (d) Ue Such prejectsite develo mend has water service from the Bangor Water District. (e) (Q Such prejeet site development has sewer service from the City of Bangor. (-2) ZeFe let line detaehed residential, pmyided that; i•1 d!iRl�•1♦•�!\Ail�l'��17-i�1�1\y 1w•l•If �-1��\M 11�!�l►�Stl lwlt'•1••l`ti'.►-il�]•d�ll�f1/3li tarliS\w \��•�•�f1 �G9ii�li�->•�l�f'i�f iii pili lY'Iil7 �Wll`i�'iTi+.lel yl ��.r'i•lt•1�\�l'wif �ll�l�l l'WA W�i`'!n 15-137 APRIL 13, 2015 (2) (Reserved) (3) One -family detached manufactured housing unit complex, provided that: (a) Such pFajee site development contains a minimum land area of five acres. U Such site development does not exceed three and one-half dwelling units per acre {b) jc� Such project meets the requirements for such a development in Article XIX. {e) (M Such site development receives approval under Article XVI. (4) (Reserved) (5)(Reserved) (6) Places of worship and nursing homes, provided that: (a) They are located on a major arterial street.. (b) They meet the requirements of Article XIX. (c) The site development receives approval under Article XVI. (d) The site has an impervious surface ratio of no more than .30. E. Prohibited uses. Any use not specifically permitted in this section'or in Articles II through XII of this chapter is prohibited. BE IT ORDAINED BY THE CIiY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor be amended as follows: § 165-100. High -Density Residential (HDR). A. Statement of purpose. The High -Density Residential District is established to provide for single- family dwellings and a wide variety of multifamily and group housing arrangements and to promote a stable, and healthy and dgsirable family living residential environment. B. Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles H through XII and the specific development standards of Article XD( of this chapter. C. Permitted uses. The following uses are permitted in this district: 15-137 APRIL 13, 2015 (1) Gne family, twe family, three family and feur family dwellings A single building containing one dwelling unit. (2) Attaehed residential One or more buildings containing two to six dwelling units. (3) ZeFe let line detaehed residerMal eemplex en a minimurn site ef Rye ae One or more buildings containing seven to twelve dwelling ni provided the parcel is a minimum of two acres in size. (4) Home occupation or profession (subject to the requirements of Article N). (5) Community living arrangements, in accordance with 30-A M.R.S.A. § 4357-A, as may be amended. (6) Group day-care or nursery school. (7) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any use approved under Subsection D below. D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: that; {a} Sueh develepment eentains a minimum land aFea ef five aeFes; {.} GVeFall density ef the deyelepment shall net emeeed eight dwelling units peF gress aeFe. . U One or more buildings containing thirteen to thirty dwelling units, provided that the parcel is a minimum of three acres in size. (2) fa3Such deyelopment eentai m land area ef fiye aeFes; units.Ne building eentains meFe than 30 dwelling (e) GveFall density shall not exeeed 10 dwelling units peF aeFe. (d) . (3) ( 4� Mobile home parks, provided that: (a) They meet the requirements of Article XVII. 15-137 APRIL 13, 2015 (b) They have sewer service from the City of Bangor. (c) They have water service from the Bangor Water District. (d) They contain a minimum of 25 mobile home spaces and a minimum land area of five acres. U Thgy do not contain more than six mobile homes per acre of lotted area (e) fQ. They receive site development approval under Article XVI. e l"t grade, Ne building contains meFe than 50 dwelling units (altheugh sueh buildings may beeenneeted to other buildings with at f -1j A6eye gFade walkways must enly be used feF aeeessert us j egFess between design. M Abeve gFade walkways must 6e designed with a minimum ef 50% glazing peF exteFief building'swall. The glazing e� said walkways must net be feund by the BeaFd te be darkened eF width.f4i Abeve grade walkways must net emeeed 19 feet in Abeve gFade walkways must be effset ffem !aFge exterier facades ef the buildings th Lam'! they eenneet-. Lq Abeve gFade walkways must use a Feef treatment that minimizes theiF e)Eterier bul (e) :Me Fequirements ef Artiele MX feF this type ef housing are met. U Congregate housing including subsidized housing for the elderly. provided that: jai The site development contains a minimum of two acres. Ub No building contains more than 190 dwelling units. Development density does not exceed 25 dwelling units per acre Buildings in excess of 50 units shall include two or more architectural elements minimizing building ulk and mass from the following -list, U1 Changes in facade materials. 15-137 APRIL 13, 2015 W Changes in color.. IM Changes in alignment of building facades. (M Cluster subdivision for buildings containing one dwelling unit, provided that: Ua The s bdivisi n contains a minimum 1pt@l site develo went area of five acres. The subdivision is served by both sewer service from the Cid of Bangor and water service from the Bangor Water District. Ucc The subdivision and related buildings shall be subject to conditional use review including architectural guidelines included in development covenants and deed restrictions such as a Homeowners, Association or other means. The construction of each individual structure does not reuire sep@rate conditional use review. (5) Places of worship and nursing homes, provided that: (a) They are located on a major arterial street.. (. H Ub The site development receives approval under Article XVI. (d) .40. (6) Public service and public utility uses, provided that: (a) Such use is necessary to the viability of the area or the community.. (b) Such use is designed and sited so that it will not adversely affect adjacent uses because of too close proximity of architecturally incompatible structures or other visual impact. (7) Day-care center, provided that: (a) Such use will provide a G B Buffer Yard along any property line within 50 feet of any residential structure or a-8 an A Buffer Yard along any property line abutting any residential zoning district. (b) Such use will not be located in a structure which is height than more than 175% the size of existing residential structures located on abutting parcels in hgight or Gross Floor Area. E. Prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of this chapter is prohibited. AND, THAT Section 165-135. Schedule B he amended as attached. 15-137 APRIL 13, 2015 Additions are underlined, deletions stmek-through. City of Bangor 15-137 APRIL 13, 2015 Schedule B Developing Area Minimum Max. Lot Area Minimum Minimum Minimum Dwelling dwelling Max. Min. lot (square Front Yard Side Yard Rear Yard Units Per units per Height Max. lot Max. Max. Min. open width Min. Buffer DISTRICT/Use feet) (feet) (feet) (feet) Acre building (feet) cov. F.A.R. I.S.R. space (feet) Type LOW DENSIY RESIDENTIAL (LDR) Permitted uses Buildings containing one unit dwelling Home occupation Community living arrangement 12,000 25 10 -1' 20 }' 31/2 1 35 20% NA 0.3 NA 100 NA Cluster Subdivision for ` etaehed __ gl fafflily dwellings - buildings containing one dwelling unit (minimum 3 -acre site) 35% of [Article XIV, 165- gross 99C(4)] 8,000 WA- 25 10 }' 20 3 1 35 20% NA 0.3 acreage NA 75 NA Conditional uses fef attached residential dwellings (minimum 3 acre 35% of site)[Article XIV, 165- Gross 991)(1)] 30 20 25 5 6 35 25% NA 0.3 Acreage 100 A �p-Cprrtn� ZeFe i • line detached FesbdeRtia' IGC 6,900 F n side; v�vrr�:ric+� 1-G- Ai4*ele XIV, 9913(2)] � 5 aefesite) 20 cmocite side 15 -1 3-5 39% NA 8:40 NA 399 NA 15-137 City of Bangor APRIL 13, 2015 Schedule B Developing Area Minimum Max. Lot Area Minimum Minimum Minimum Dwelling dwelling Max. Min. lot (square Front Yard Side Yard Rear Yard Units Per units per Height Max. lot Max. Max. Min. open width Min. Buffer DISTRICT/Use feet) (feet) (feet) (feet) Acre building (feet) cov. F.A.R. I.S.R. space (feet) Type Manufactured Housing (buildings containing one dwelling unit) on a minimum of 5 acres 38008 {s- [Article XIV, 165- acfe-site) 99D(3)] 6,171 25 Places of worship & nursing homes [Article XIV, 165-D96)] 20,000 40 HIGH-DENSITY RESIDENTIAL (HDR) o.._.. Rata uses 34,089 20 Single family and twe family dwellings 34,000 20 ThFee family and feWF family dweRirgs 28.888 29 3aefe Attached s*-dent*a1 FAi ROM UFA dwei"Res site 28 NA -10% of Gross 10}' 204' 31/2 1 35 20% NA 0.3 acreage 2560 A 25 30 NA NA 35 20% 0.25 0.3 NA 150 B 10 20 12 4 40 3G% 8 5 " 750 SF peF 1,000 SF ef fieeFafea 7-50 SF peF 400 Nle 3G-2 284 12 4--z' 49 3G% 03 " 1,000 SF of fleeFafea X58 SF-peF 100 -NA ak- 2571.8 4 49 38% 9 5 8:5 1,000 fleeFafea 25% of 490 A 2571 8-ene 2_ - 8 b 33 3G% - 0:4 gFeSS aefeage 480 A side;18 eppesite- side W4 2 1 35 35% Aho 8:5 Aho 50 Aho 15-137 City of Bangor APRIL 13, 2015 Schedule B Developing Area Minimum Max. Lot Area Minimum Minimum Minimum Dwelling dwelling Max. Min. lot (square Front Yard Side Yard Rear Yard Units Per units per Height Max. lot Max. Max. Min. open width Min. Buffer DISTRICT/Use feet) (feet) (feet) (feet) Acre building (feet) cov. F.A.R. I.S.R. space (feet) S F Type [AFfiele XIV, 19980] WRiFRUM 5 BEFes Multifamily 2G W4 i$? $ $ 48 3G% G.-5 8-.5 /� � � ef fieAF afea Nor 500 Com[ r,r..... $ ..'+..�.eHts [A'a'..1e v 1 i ,165 1 nn D ( 211 MiniffiUfn5aeres 29 20 isr? 19 M 49 3G% 9-.5 1,000 SF-- ef- f iAAf-aFea 188 between 6 10 . nt Af- adjaEent 20 (1i fBF' FoebileeII7LF'17,000 YWYtlF' A'� site (FAWFAWR 8f 2-S- ��pp� (� {pak eF pa FIE I.:I _ h _ m _ _ pa _e aEfersite) StFUEtWes) S+-.. s) of let aFea 1 49 30% 8-b pa& s paE2-aF2a site 0��� e 4��0�+ $ XIV, 165 19OD94)4 5 affes 30 W4 25? 2-S so 49 3"0 feet P 004 NA 750 squaFe T� 8 nursing hemes[AFtiele XIV, 'IC[ 10OD [11 20,989 24D 2155 z� NA NA 49 3G!v G-4 S00P SqUaFe feet- et f'8 489 $ B; unless IR 50 feet Utility 'uses 1T14,900W 40 Z NA IA 49 7 9 G-.6 NA i98 abuttiRg- rc•Went W , then G 15-137 City of Bangor APRIL 13, 2015 Schedule B Developing Area 759 SqUaFe F^ —et feF 3080 ,... aFe feet of FIS Minimum Max. 14,099 Lot Area Minimum Minimum Minimum Dwelling dwelling Max. Min. lot (square Front Yard Side Yard Rear Yard Units Per units per Height Max. lot Max. Max. Min. open width Min. Buffer DISTRICT/Use feet) (feet) (feet) (feet) Acre building (feet) cov. F.A.R. I.S.R. space (feet) Type 40 eF less thaR existingabutting feSl eF}tt 759 SqUaFe F^ —et feF 3080 ,... aFe feet of FIS Day GaFe r'..nte f 14,099 is 2-0 2-5 44A NA StFaEtWe 30% 0- afea X00 8 Permitted uses One unit dwelling 9,000 SF 20 10' 20' NA 1 35 30% 0_5 0_6 NA 75 NA Community living arrangement Home occupation Two to six unit dwellings 12,000 SF 25 10' 25' NA 6 35 30% 0_5 0_6 NA 85 A Group day care nursery school Seven to twelve unit dwellings 2 acres2 25 15' 25' NA 12 40 30% 0_5 0_6 NA 100 A Conditional uses 13 to 30 unit dwellings 3 acres3 30 20 30 NA 30 45 30% 0.65 0_6 NA 100 B 5 20 50 per between internal Mobile Home Parks 30 20 for adjacent 20 10 for 10 percent lot, 100 (minimum of 25 accessory mobile accessory of lotted for park mobile home spaces) 5 acres structures homes structures 1 35 30% 0_5 0.25 area site B DISTRICT/Use Congregate Housing Cluster Subdivision (One unit dwellings) on a minimum of 5 acres Places of worship & nursing homes Public Service and Utility uses Day Care Center 6,171 20 20,000 2S 14,000 20 4 14,000 20 10 7 20 7 25 25 20 4 20 4 20 20 15-137 APRIL 13, 2015 Min. lot width Min. Buffer (feet) Type 125 B 15% lotted subdivision 1 35 50% 0.5 0.35 area 60 NA 40 30% 0_5 0_4 NA NA 40 30% 0_5 0_6 NA 1,000 NA 35 30% 0_5 0_5 square feet 100 NA B 100 AS See 165-100 85 Q(7) -1 Detaehed Feswdemial aeeesseFy buildings with a ten feet maximum height and a ene hundFed fifty SqUaFe feet ma)(*MUM gFe55 fleeF aFea may be set baEk Re less than five feet fFeFA side and FeaF let lines. -2 Detached Fes*demial aeee55eFy buildings with a ten feet FnamirAwn height and a eRe huRdFed fifty SqUaFe feet m i — fleeF aFea Fnay be set baE'( ne less than five feet fFeFA side and FeaF let IiRe5. 3 OF the minknum height allewed undeF fedeFal law, 1 12.000 SF for the first two units in a building and 3,000 SF for each additional unit in the same buildin 2 27,000 SF for seven dwelling unit buildings and 3,000 SF per unit over seven units in the same building, but not less than a 2 acre site. 3 45,000 SF for 13 dwellings units in a building and 3,000 SF per unit over 13 units in the same building, but not less than a 3 acre site 4 Side and Rear yards shall be increased to 25' for buildings and structures in excess of 5,000 SF 5 Buildings and structures in excess of 5,000 SF Buffer Yard B 6 Or the minimum height allowed under federal law, whichever is greater. 7 Detached residential accessory buildings with a ten -foot maximum height and a one -hundred -fifty -square -foot maximum gross floor area may be set back no less than five feet from side and rear lot lines. Additions via underline City of Bangor Schedule B Developing Area Minimum Max. Lot Area Minimum Minimum Minimum Dwelling dwelling Max. (square Front Yard Side Yard Rear Yard Units Per units per Height Max. lot Max. Max. Min. open feet) (feet) (feet) (feet) Acre building (feet) cov. F.A.R. I.S.R. space 2 acres 30 20 25 25 100 45 30% 1 0.6 NA 6,171 20 20,000 2S 14,000 20 4 14,000 20 10 7 20 7 25 25 20 4 20 4 20 20 15-137 APRIL 13, 2015 Min. lot width Min. Buffer (feet) Type 125 B 15% lotted subdivision 1 35 50% 0.5 0.35 area 60 NA 40 30% 0_5 0_4 NA NA 40 30% 0_5 0_6 NA 1,000 NA 35 30% 0_5 0_5 square feet 100 NA B 100 AS See 165-100 85 Q(7) -1 Detaehed Feswdemial aeeesseFy buildings with a ten feet maximum height and a ene hundFed fifty SqUaFe feet ma)(*MUM gFe55 fleeF aFea may be set baEk Re less than five feet fFeFA side and FeaF let lines. -2 Detached Fes*demial aeee55eFy buildings with a ten feet FnamirAwn height and a eRe huRdFed fifty SqUaFe feet m i — fleeF aFea Fnay be set baE'( ne less than five feet fFeFA side and FeaF let IiRe5. 3 OF the minknum height allewed undeF fedeFal law, 1 12.000 SF for the first two units in a building and 3,000 SF for each additional unit in the same buildin 2 27,000 SF for seven dwelling unit buildings and 3,000 SF per unit over seven units in the same building, but not less than a 2 acre site. 3 45,000 SF for 13 dwellings units in a building and 3,000 SF per unit over 13 units in the same building, but not less than a 3 acre site 4 Side and Rear yards shall be increased to 25' for buildings and structures in excess of 5,000 SF 5 Buildings and structures in excess of 5,000 SF Buffer Yard B 6 Or the minimum height allowed under federal law, whichever is greater. 7 Detached residential accessory buildings with a ten -foot maximum height and a one -hundred -fifty -square -foot maximum gross floor area may be set back no less than five feet from side and rear lot lines. Additions via underline IN CITY COUNCIL APRIL 13, 2015 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF APRIL 21, 2015 >e-Aj a 4�I' �- CITY CLERKr IN CITY COUNCIL APRIL 27, 2015 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 9-0 COUNCILORS VOTING YES: BALDACCI, BLANCHETTE, CIVIELLO, FAIRCLOTH, GRAHAM, NEALLEY, PLOURDE, SPRAGUE, DURGIN COUNCILORS VOTING NO: NONE ;PbISID CITY CLERK 15-137 APRIL 13, 2015 MEMORANDUM DATE: April 22, 2015 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Chapter 165-99 Low Density Residential District Chapter 165-100 High Density Residential District and Chapter 165-135 Schedule B. Council Ordinance 15-137 Please be advised that the Planning Board at its meeting on April 21, 2015, held a Public Hearing on the above Zoning Amendment to the High Density Residential District and the Low Density Residential District and related Schedule B. Planning Officer Gould advised the board that after the Board initiated the amendment it is back for a hearing. As the Board is aware the amendment seeks to clarify a number of inconsistencies in the HDR District which lists housing types by name and provides differing densities and development standards for each. What we have discovered over time is that larger developments often mix housing types and it becomes unclear which development standard governs. To deal with that concern, the newly organized HDR language deals with the number of units within a building rather than the type of construction or arrangement of units. As was discussed previously, the intent of the amendment was to correct some HDR shortcomings but we found a few details in LDR which warranted attention since we're doing a related amendment. Those are to eliminate Zero Lot Line Development as an option, as it has failed to gain any interest over the last 20 years. Secondly we have added a minimum lot size standard for LDR cluster developments based on some field experience where the resulting pattern is contrary to what is expected. Mr. Gould noted that we tend to see more subdivisions developed for the sale of lots than subdividers who build all the units in a subdivision. Based on some of the Board's last comments, adjustments have been made in the minimum parcel area for larger multi -unit structures and congregate housing from five acres down to three acres. There were no proponents or opponents to the rezoning request. Member Boothby moved to recommend the proposed rezoning to the City Council. Member Kenney seconded the motion and the Board voted unanimously to recommend that the City Council approve the proposed Amendments to the Low Density Residential District, High Density Residential District and Schedule B as contained in C.O. # 15-137.