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2023-08-28 23-258 ORDINANCE23-258 08/28/2023 CITY COUNCIL ACTION Council Meeting Date: August 28, 2023 Item No: 23-258 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending Chapter 165, Land Development Code, by Updating the Allowed Number of Dwelling Units in Residential Zones to Comply with LD 2003. Summary The proposed changes would update the City's Land Development Code to comply with the requirements of the state law known as LD 2003. This update has the effect of allowing more dwelling units in residential zones throughout the City. These changes align with the City Council policy to create residential units where feasible and with the 2022 Comprehensive Plan, which suggests that the City update the Land Development Code to comply with LD 2003. Committee Action Committee: Planning Board Action: Staff Comments & Approvals City Manager Introduced for: First Reading and Referral Meeting Date: September 5, 2023 For: City Solicitor Against: Finance Director 23-258 08/28/2023 CITY COUNCIL ORDINANCE Date: August 28, 2023 Assigned to Councilor: Sprague ORDINANCE, Amending Chapter 165, Land Development Code, by Updating the Allowed Uses in Residential Zones to Comply with LD 2003. WHEREAS, at present, LD 2003 is a state law that requires municipalities to update land use codes to allow a minimum number of residential units in residential zones; WHEREAS, the proposed changes would update the City's Land Development Code to comply with the requirements of LD 2003; WHEREAS, the City Council has a policy to create residential units where feasible; WHEREAS, the 2022 Comprehensive Plan suggests the City update the Land Development Code to comply with LD 2003; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165, Attachment 2 - Schedule A, Attachment 3 — Schedule B, and Attachment 4 — Schedule C of the Code of the City of Bangor is amended as shown on the attached, and Chapter 165 of the Code of the City of Bangor is amended as follows: A. Accessory dwelling units (ADUs) are not subject to minimum lot area requirements, neT- requirements for the number of dwelling units per acre, nor minimum parking requirements. B. In districts where ADUs are allowed, the Code Enforcement 0fricer shall approve an ADU upon '? determination that said ADU complies with the following conditions: ia -4 9- 1 . 9 FUMMer, 0 MAIMIC-1411r.1119MIMMI # a a I - a - I no-W, - �. m. EMMi- �� s 11111�iliiiiiiili�pliiiili i 23-258 08/28/2023 (1) One -family detached dwellings, with additional dwelling units permitted given the following_ (a) The lot is inside the Growth Boundary defined in the City's most recently adopted Comprehensive Plan. (b) If no dwelling exists on a lot, up to 4 units are allowed, either detached or attached. (c) If one dwelling unit exists on the lot, up to 2 additional units are allowed, one being attached to or within the existing dwelling and one being detached. (d) If two dwelling units exist on a lot, no additional units are allowed. (e) If dwelling units are demolished after the date this ordinance is adopted and the demolition results in an empty lot, there can be no increase in the number of units above what existed on the lot prior to demolition. C. Permitted uses. The following uses are permitted in this district: (1) One -family, two-family, three-family and four -family detached dwellings (a) An affordable housing density bonus may be allowed, subject to the requirements of Article XXI 'i1 10111111 r C. Permitted uses. The following uses are permitted in this district: (1) One -family, two-family, three-family and four -family detached dwellings (a) An affordable housing density bonus may be allowed, subject to the requirements of Article XXI re 111�1 - r (10) One -family, a*d two-family Linit udwellings,_ three-family, and four -family detached dwellings (a) An affordable housing density bonus may be allowed, subject to the requirements of Article XXI D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: - rAIRIMNITUM. 1111TIMINVOTHSTIMIT (e) An affordable housing density bonus may be allowed, subject to the requirements of Article XXI 23-258 08/28/2023 (1) . One -family detached dwellings, with additional dwelling units permitted given the following: Lal If the lot is inside the Growth Boundary defined in the City's most recently adopted Comprehensive Plan: (i) If no dwelling exists on a lot, up to 4 units are allowed, either detached or attached. (ii) If one dwelling unit exists on the lot, up to 2 additional units are allowed, one being attached to or within the primary dwelling and one being detached. (iii) If two dwelling units exist on a lot, no additional units are allowed. Ub If the lot is outside the Growth Boundary defined in the City's most recently adopted Comprehensive Plan: (i) If no dwelling exists on a lot, up to 2 units are allowed, either detached or attached. (ii) If one dwelling unit exists on the lot, up to 2 additional units are allowed, one being attached to or within the existing dwelling and one being detached. (iii) If two dwelling units exist on a lot, no additional units are allowed. U If dwelling units are demolished after the date this ordinance is adopted and the demolition results in an empty lot, there can be no increase in the number of units above what existed on the lot prior to demolition. .. . � no I • a MI -TIr (2) One or more buildings containing two to six dwelling units (a) An affordable housina densitv bonus may be allowed. subiect to the reauirements of Article XXI (3) One or more buildings containing seven to 12 dwelling units, provided that: (a) The parcel is a minimum of two acres in size. (b) An affordable housing density bonus may be allowed, subject to the requirements of Article XXI D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (1) One or more buildings containing 13 to 30 dwelling units, provided that: al The parcel is a minimum of three acres in size. (b) An affordable housing density bonus may be allowed, subject to the requirements of Article XXI as The lot does not have frontage on Hammond Street or Union Street. (b) An affordable housing density bonus may be allowed, subject to the requirements of Article XXI (19) A mixed residential and commercial use, provided that: (c) An affordable housing density bonus may be allowed, subject to the requirements of Article XXI D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (9) A mixed residential and commercial use if the lot has frontage on Union Street, provided that: 23-258 08/28/2023 La) The commercial activity is a use permitted in Subsection C above, except that marijuana stores would not be permitted. fb I An affordable housing density bonus may be allowed, subject to the requirements of Article XXI (13) Multi -family detached dwellings if the lot has frontage on Union Street (a) An affordable housing density bonus may be allowed, subject to the requirements of Article XXI § 165-102 General Commercial and Service District (GC&S). D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (11) A mixed residential and commercial use if the lot has frontage on Union Street, provided that: Ua The commercial activity is a use permitted in §165-101.C, except that marijuana stores would not be permitted. LbI An affordable housing density bonus may be allowed, subject to the requirements of Article XXI (12) Multi -family detached dwellings if the lot has frontage on Union Street (a) An affordable housing density bonus may be allowed, subject to the requirements of Article XXI (4) One -family dwellings and one -family detached manufactured housing units, with additional dwelling units permitted given the folloLAd�n. (a) If the lot is inside the Growth Boundary defined in the Ci!y's most recently adopted Comprehensive Plan: (i) If no dwelling exists on a lot, up to 4 units are allowed, either detached or attached. (ii) If one dwelling unit exists on the lot, up to 2 additional units are allowed, one being attached to or within the primary dwelling and one being detached. (iii) If two dwelling units exist on a lot, no additional units are allowed. (b) If the lot is outside the Growth Boundary defined in the City's most recently adopted Comprehensive Plan: (i) If no dwelling exists on a lot, up to 2 units are allowed, either detached or attached. (ii) If one dwelling unit exists on the lot, up to 2 additional units are allowed, one being attached to or within the existing dwelling and one being detached. (iii) If two dwelling units exist on a lot, no additional units are allowed. (c) If dwelling units are demolished after the date this ordinance is adopted and the demolition results in an empty lot, there can be no increase in the number of units above what existed on the lot prior to demolition. § 165-112 Submittal requirements. A. Any site development project requiring a land development permit shall include the following information and submittals: * WOMMURM showing the proposed mechanism(s) to ensure affordability, as described in 5165-143.D. LE_71Such other information as the Code Enforcement Officer or Planning Board shall deem necessary. 23-258 08/28/2023 Article XXI Affordable Housing Density Bonus F 5 165-141 Purpose. This article orovides for a density bonus for the creation of affordable dwelling units in certain zoning districts per Title 30-A Section 4364 in the State of Maine statutes. W Ave �,p -, When used for the purpose of claiming the Affordable Housing Densi!y Bonus outlined in Article XXI, affordable" means: EQ[ EentaLbDjutm., a household whose mncome does not exceed 80% of the area medman mncome can afford to rent the dwelling unit without spending more than 30% of the household's monthly income on housing costs. (2) For owned housing, a household whose income does not exceed 120% of the area median income. can afford to own the dwelling unit without spending more than 300/0 of the household's monthly income on housing costs. (3) For the purposes of this definition, "area median income" means the midpoint of a region's income. distribution calculated on an annual basis by the U.S. Department of Housing & Urban Development (4) For the purposes of this definition, "housing costs" include, but are not limited to: (a) For a rental unit, the cost of rent and any utilities (electric, heat, water, sewer, and/or trash) that the household pays separately from the rent; and (b) For an owned unit, the cost of the mortgage principal and interest, real estate taxes (including assessments), private mortgage insurance, homeowner's insurance, condominium fees, and homeowners' association fees. The maximum number of units allowed on a lot not used for affordable housing based on the dimensional requirements listed for the zone(s) in which the lot is located. This does not include any other density bonuses, transferable development rights, or other similar means that could increase the density of lots not used for affordable housing. CENTRALLY MANAGED WATER SYSTEM A water system that provides water for human consumption through pipes or other constructed conveyances to at least 15 service connections or serves an average of at least 25 people for at least 60 days a year as regulated by 10-144 C.M.R. Ch. 231, Rules RelatinO to DrinkinO Water. This water system may be privately owned. COMPARABLE SEWER SYSTEM Any subsurface wastewater disposal system that discharges over 2,000 gallons of wastewater per day as regulated by 10-144 C.M.R. Ch. 241, Subsurface WastewaterDisposa/Ru/es. A. Density Bonus. A residential or mixed -use development shall be allowed a maximum dwelling unit density of up to 2.5 times the base density (as defined in § 165-142) permissible in the underlying zoning district if the project meets the following eligibility criteria: 23-258 08/28/2023 r'1 Affordability. After completion of the project, more than half of the total dwelling units, existing and new, on the same lot shall be affordable (as defined in § 16-12) for a period of at least 30 years. (2 Located in a Growth Area or Served by Water and Sewer. The lot is inside the Growth Boundary defined in the City's most recently adopted Comprehensive Plan, or the lot is served by both a public, special district, or centrally managed water system and public, special district, or comparable sewer system. (3) Adequate Utility Capacity. The lot has adequate water and wastewater services. (4) Zoning. The lot is located in the URD-2, M&SD, NSD, USD, HDR, S&PS, or GC&S zoning districts. (5) Minimum Lot Sizing for Septic. The subject property complies with minimum lot size requirements in accordance with 12 M.R.S.A. § 23-, as amended, if subsurface wastewater disposal is groposed. B. Non -conforming Situations. The density bonus may not be applied to non -conforming lots. C. Fractional Density. If a fractional results when calculating the density bonus, the number of units shall be rounded down to the nearest whole number. D. Long -Term Affordability Covenant. Prior to granting a Certificate of Occupancy for any dwelling unit in the proiect, or in a phase of the proiect, the applicant shall: (1) Execute an affordable housing agreement, in such form as shall be approved by the City Solicitor, containing a restrictive covenant relating to the affordability of the dwelling unit, enforceable by a party acceptable to the City, and record the affordable housing agreement in the Penobscot County Registry of Deeds. The affordable housing agreement shall require that for at least thirty (30) years after the issuance of the Certificate of Occupancy for a dwelling unit in the proiect: (a) For rental housing, occupancy of all the dwelling units designated affordable in the development to qualify for the density bonus, or an eauivalent number of affordable dwelling units in the proiect when specific locations for the affordable units are not specified, will remain limited to households at or below 80% of the local area median income (i.e. within the area represented by the "Bangor, ME HUD Metro Fair Market Rent Area" as defined by the U.S. Housing Act of 1937, as amended) from the time of initial occupancy; and (b) For owned housing, occupancy of all the dwelling units designated affordable in the development to qualify for the density bonus will remain limited to households at or below 120% of the local area median income (i.e. within the area represented by the "Bangor, ME HUD Metro Fair Market Rent Area" as defined by the U.S. Housing Act of 1937, as amended) from the time of initial occupancy. (2) For phased projects, the City may issue Certificates of Occupancy for dwelling units in a phase of a project only if a sufficient number of affordable dwelling units, subject to an affordable housing_ agreement consistent with Subsection D(1) above, are included in the phase so that more than one- half of the total number of dwelling units that will be approved for occupancy, as evidenced by Certificates of Occupancy, at the end of the phase constitute affordable dwelling units. E. Site Plan and Subdivision Review Required. All projects creating 3 or more dwelling units are subject to Site Plan review per 165-111 and Subdivision review per Title 12 Section 682 in the State of Maine 23-258 AUGUST 28, 2023 LAND DEVELOPMENT 165 Attachment 2 City of Bangor Schedule A Urban Developed Area Article 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 Impervious Setback Floor Area Zoning Districts (feet) (square feet) Coverage (feet) (feet) (feet) (feet) Surface Ratio (feet) Ratio Urban Residence 1 (URD-1) 35 1 35% 50 107 5 15; 5 for 0.75 accessory structure Urban Residence 2 (URD-2) 40 12 40% 50 107 5 15; 5 for 0.8 accessory structure Multifamily and Service (M 45 23 50% 50 10 5 5 0.85 -- -- & SD) Neighborhood Service (NSD) 35 10,0009 25% 75 20 10 20 None 0.4 0.4 NOTES: feet.11--sr syAe affld *,vs dwelling tffiks, 5,000 squafe feet; fer tli�-ee dwelling iinks, 7,500 squafe feet; and fer �� dwelling tffiks, 10,000 sqtiafe 5,000 square feet for each dwelling unit up to 4 on an empty lot, up to 2 (additional) if one dwelling unit exists (see § 165-88.C(l)). 2 4-.R+: t-11p, f�+:# &A,ellijig tHlits, 5,000 squafe feet, phis 250 squafe feet fer Paoli addi*is4lad divelling k . For one and two dwelling units, 5,000 square feet; for three dwelling units, 7,500 square feet; and for four dwelling units, 10,000 square feet. If using Affordable Housing Density Bonus, 5,000 square feet for first 5 units, plus 1,000 square feet for each additional unit up to 10 (see §165-143). 3 (Reser ed) For the first two dwelling units, 5,000 square feet, plus 250 square feet for each additional dwelling unit. If using Affordable Housing Density Bonus, 5,000 square feet for first 5 units, plus 100 square feet for each additional unit (see § 165-143). 910,000 square feet for 1 to 4 dwelling units. If using Affordable Housing Density Bonus, 10,000 square feet for up to 10 dwelling units (see § 165-143). 165 Attachment 2:1 Supp 1, Feb 2023 23-258 AUGUST 28, 2023 Minimum Minimum Lot Area Front Zoning Districts (square feet) Yard Depth (feet) Low -Density Residential (LDR) Permitted uses Buildings containing 1-unit 10 25 dwelling, home occupation, community living arrangement LAND DEVELOPMENT 165 Attachment 3 City of Bangor Schedule B Developing Area Article XIV, §§ 165-99 through 165-103.1 Minimum Minimum Maximum Maximum Maximum Maximum Maximum Side Yard Rear Yard Dwelling Dwelling Height Lot Floor Area Depth Depth Units per Units per (feet) Coverage Ratio (feet) (feet) Acre Building 107 207 3 1/r 4-2-4 35 20% NA Maximum Minimum Minimum Minimum Impervious Open Lot Width Buffer Surface Space (feet) Yard Type Ratio 0.3 NA 100 NA NOTES: 112,000 square feet for the first two units in a building and 3,000 square feet for each additional unit in the same building. If using Affordable Housing Density Bonus, up to 15 units per buildin - minimum 12.000 square feet for the first 5 units in a building and 1.200 square feet for each additional unit in the same building. (see S 165-143). '27,000 square feet for seven -dwelling -unit buildings and 3,000 square feet per unit over seven units in the same building, but not less than a two -acre site. If using Affordable Housing Density Bonus, up to 30 units per building - minimum 27,000 square feet for the first 17 units in a building and 1,200 square feet for each additional unit in the same building, but not less than a two - acre site. (see §165-143). 345,000 square feet for 13 dwelling units in a building and 3,000 square feet per unit over 13 units in the same building, but not less than a three -acre site. If using Affordable Housing Density Bonus. uD to 75 units Der building - minimum 45.000 square feet for the first 32 units in a building and 1.200 square feet for each additional unit in the same building. but not less than a three - acre site. (see $165-143) 'For the first two dwelling units, 10,000 square feet, plus 250 square feet for each additional dwelling unit. If using Affordable Housing Density Bonus, minimum 10,000 square feet for first five units, plus 100 square feet for each additional. (see § 165-143). 1012,000 square feet for the first dwelling unit, 6,000 square feet for each additional (up to 3-4 in Growth Boundary, 2-3 outside Growth Boundary) (see §165-99.C(l)). "Applies to subdivision only. 165 Attachment 2:1 02 - 01 - 2019 23-258 AUGUST 28, 2023 Zoning Districts Rural Residence and Agricultural (RR&A), permitted and conditional uses NOTES: Maximum Minimum District Lot Area Height (acres) (feet) 40 1 LAND DEVELOPMENT 165 Attachment 4 City of Bangor Schedule C Resource, Open Space and Rural Area Article XV, §§ 165-105 through 165-107 Maximum Lot Maximum Minimum Lot Minimum Minimum Side Minimum Coverage Impervious Width (feet) Front Yard Yard Depth Rear Yard Surface Ratio Depth (feet) (feet) Depth (feet) 15% .20 200 40 20 30 sFor dwelling units inside the Growth Boundary, 12,000 square feet for the first unit plus 6,000 square feet for each additional unit up to 3-4 units. For dwelling units outside the Growth Boundary, minimum lot size of 1.5 acres regardless ofthe number ofunits. (See §165-105.C(4)). 165 Attachment 4:1 Supp I, Feb 2023 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 Deb Laurie, City Manager From: Anja Collette, Planning Analyst Date: September 6, 2023 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation September 5, 2023 Amending Chapter 165, Land Development Code by Updating the Allowed Number of Dwelling Units in Residential Zones to Comply with LD 2003 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 September 5, 2023. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were the Chair Reese Perkins, Vice Chair Ted Brush, and Members Trish Hayes, Don Meagher, Mike Bazinet, Ken Huhn, and Jonathan Boucher. Also in attendance was Alternate Member Joshua Saucier. Planning Analyst Anja Collette reviewed the proposed amendments with the Board. From the staff inemo: A. The proposed changes would update the City's Land Development Code to comply with the requirements of the state law known as LD 2003. This update has the effect of allowing more dwelling units in residential zones throughout the City. The specific changes for each zone are outlined in the summary documents in your packets. B. These changes align with the City Council policy to create residential units where feasible and with the 2022 Comprehensive Plan, which suggests that the City update the Land Development Code to comply with LD 2003. C. If the city does not institute these changes by the end of 2023, the statute takes effect; all cities and towns in Maine must comply with this statute. This automatic enactment is akin to the requirements in Shoreland Zoning that the city enacted decades ago. The advantage to enacting them now is we are able to establish the base density with our existing district requirements. Board members asked clarifying questions and discussed the minimum State requirements with staff. There were several comments from members of the public regarding concerns with single family 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 9.5.23 Land Development Code—LD 2003 homes being demolished to create more units; loss of green space; infrastructure, school, and hospital capacity; overpopulation; the impact on historic districts; and confusion with the wording on accessory dwelling units. Member Bazinet made an initial motion to defer the agenda item until the next Planning Board meeting in order to gather more public comment, seconded by Member Huhn. However, City Solicitor Szewczyk noted that a primary motion on adoption of the amendments would need to be made first and then a motion to delay the vote could be made. Member Bazinet withdrew his motion and Huhn withdrew his second. Development Director Krieg stated that the law takes effect January 1, 2024 no matter what. There was discussion amongst Board members about the amendments following the minimum State requirements, the powers of the Board, the length of time available to enact the requirements, and what would be gained from a delay in the vote regarding disseminating information to the public. Member Meagher made a motion to recommend that the amendments ought to pass. Meagher stated his feelings that due process had been followed. Vice Chair Brush seconded the motion. Member Bazinet made a motion to delay voting on the amendments to the September 19t" Planning Board meeting. The motion was not seconded and was therefore struck down. Member Huhn made a motion to delay voting on the amendments until the October 3rd Planning Board meeting, with the request that staff disseminate more information to the public in the interim and with the intent to take public comment at that meeting. Member Bazinet seconded. 3 members voted in favor of the motion, 4 voted against. The motion failed. 6 members voted in favor of the original motion to recommend that adoption of the amendments ought to pass, 1 voted against. The motion passed. The result of the vote is that a majority of Planning Board members voted to recommend that the proposed amendments ought to pass. Anja Collette Page 2 � 2 IN CITY COUNCIL AUGUST 28, 2023 COrd 23-258 First Reading and Referral to Planning Board Meeting of September 5, 2023 ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL SEPTEMBER 11, 2023 COrd 23-258 Motion made and seconded for Passage Vote: 6—2 Councilors Voting Yes: Davitt, Hawes, Pelletier, Schaefer, Sprague, Yacoubagha Councilors Voting No: Tremble, Fournier Passed ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK