AUBURN — The City Council will take up final readings Monday on potential rezoning of four areas of the city that have proven to be controversial.

During a first reading this month on applying the T-4.2B zoning to four additional areas of the city, the council supported the change in all but one area.

While officials say the changes will encourage additional housing options while limiting the potential negative impacts of state housing legislation that will take effect in 2024, several residents remain unconvinced that the zoning is right for their neighborhoods.

Mayor Jason Levesque, who helped craft LD 2003, the legislation passed last year to increase new housing in Maine, has said that shifting to what is called “form-based code” will allow the city to have more control over potential development, especially a piece of the law that can allow developers to double the number of allowed units if the units are income-restricted.

However, Ryan Smith, a council candidate and frequent critic of Auburn’s push to rezone areas of the city, argues that the law would require affordable housing development to be in an area in which multifamily buildings are already allowed, and that much of the area in question doesn’t allow buildings with three units or more.

During the first reading, a rezone to T-4.2B in the New Auburn area near South Main and Broad Streets and Vickery Road, known as “Area A,” received a 4-3 vote, with Councilors Belinda Gerry, Rick Whiting and and Leroy Walker opposed.

A section of land known as “Area A2,” however, was voted down unanimously. The area includes land near South Main, Loring, Mary Carroll and Seventh streets. Several residents spoke out against the change, which had already received a negative recommendation from the Planning Board.

The area includes a roughly 15-acre parcel off Loring Avenue that has the potential for development. Auburn resident Dee Chapman questioned why the city was moving so quickly on the changes, stating it “feels like we’ve been bullied because of LD 2003” becoming law.

“What is the big hurry?” she said. “As citizens, we get to choose where we want this to happen.”

Levesque said he understands why residents are concerned, but said “form-based code is the best option we have” to prevent the negative impacts residents are concerned with prior to when the law takes effect Jan. 1, 2024.

This week, he added that the council “should not be approving zoning based on what could happen on one particular parcel.” He said the council should be following the Comprehensive Plan, which lists the areas in question as future growth areas.

When voting against Area A2, Councilor Leroy Walker acknowledged that residents “don’t like the idea that they might develop” the Loring Avenue parcel, but he added, “You better be ready for another big battle, because it won’t be far away” after LD 2003 becomes law.

Form-based code is created with specific design elements that control the physical form of buildings or uses in an area. The push toward T-4.2B became controversial last year as the city rolled out the zoning in two initial areas. A similar zoning type on the books in Auburn, T-4.2, was the subject of a citizens’ petition, which led to the creation of T-4.2B.

Both zoning types are designed to give more options to property owners, whether building a new porch, an accessory dwelling unit or addition, or a large, multifamily apartment building. However, some argue the zoning is not compatible with the character of single-family neighborhoods.

The council voted 5-2 to approve rezoning “Area C,” which features land near Poland, Rodman, Manley and Hotel roads, as well as “Area D,” along Northern Avenue, North River Road, and Bradman Street.

In response to some questions about the differences between what types of housing LD 2003 would allow versus T-4.2B, City Manager Phil Crowell said city staff will work with Auburn’s legal counsel to provide info prior to the final readings.

Asked about the differences, Eric Cousens, director of Planning and Permitting, said either zoning would come with a set of standards that a developer would have to meet, but that the overall density allowed would be similar.

TEXT AMENDMENT

Last week the council also voted to approve a text amendment for the T-4.2B zoning that clarifies language on the required building setbacks for a development.

The change stems from a complaint filed in Androscoggin County Superior Court by Auburn resident Jeff Harmon that challenges the Planning Board’s approval of phase two of the Stable Ridge housing development.

Harmon, a mayoral candidate, argued the city did not follow its zoning ordinance when approving the site plan for phase two of the development, which calls for 60 additional units at five buildings. Harmon is an abutter to the project.

The complaint says the site plan measured the building setback from the development’s access way or parking lot, a privately owned lot, rather than from the edge of the public way, on Court Street. However, the city argues that the zoning was written to allow both.

Cousens said the text amendment in front of the council was written to make that more clear and to avoid any future challenges.

Some argued that with Harmon’s complaint still awaiting a judge’s opinion, the council should not vote on the text amendment, but city staff said the change was reviewed by city legal counsel.

“Any action you take tonight has no impact on the lawsuit in front of the courts,” Crowell said.

“I want to caution the council from taking legal advice from people who are not admitted to the bar,” Levesque said. “It’s usually bad form to do so.”

The council voted 5-2 on the first reading, with Councilors Gerry and Whiting opposed.

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