HomeMy WebLinkAbout2014-10-21 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF OCTOBER 21, 2014 MINUTES Board Members Present: Paul Bolin, Vice Chairman Charles Boothby John Kenney Wayne Mallar Dora McCarthy, Alternate Member City Staff Present: David Gould Peter Witham Paul Nicklas John Theriault Vice Chairman Bolin called the meeting to order at 7:00 p.m. In the absence of Board Members Sturgeon, Miller and Williams, Alternate Member McCarthy was asked to vote. PUBLIC HEARINGS Item No. 1: To amend the Land Development Code by changing a portion of a parcel of land located at 164 Longview Drive from Shopping and Personal Service District to General Commercial and Service District. Said part of a parcel containing approximately 9.9 acres. Longview Plaza, LLC, applicant. C.O. # 14-315. Vice Chairman Bolin opened the Public Hearing and asked for comments from the applicant. Attorney Andrew Hamilton represented the applicant, Longview Plaza, LLC. Mr. Hamilton introduced Brian Leahy of Saxon Partners and Longview Plaza, LLC., Patrick Netreba of BJ’s Wholesale Club, Inc. and Fred Marshal of Plymouth Engineering. Attorney Hamilton indicated that the applicant was requesting 2 a rezoning of a portion of a parcel (9.9 acres) at the site of the existing vacant Home Depot. Mr. Hamilton provided some background of other similarly zoned adjacent parcels. He noted the request was consistent with the City's 2012 Comprehensive Plan. There were no other proponents or opponents to the rezoning request. Vice Chairman Bolin closed the Public Hearing. Planning Officer Gould provided the background of the zoning in this location in the late 1980's through present day. The City's Land Use and Zoning Policy is for commercial zoning and General Commercial and Service District zoning is consistent with the Comprehensive Plan and adjacent properties. There being no further comments, Vice Chairman Bolin asked for a motion. Based on its consistency with the Comprehensive Plan and the other adjacent properties, Mr. Boothby moved to recommend approval of the zone change request from Shopping and Personal Service District to General Commercial and Service District for a 9.9 acre parcel located at 165 Longview Drive for Longview Plaza, LLC, applicant. C.O. # 14-315. Ms. McCarthy seconded the motion. The Board voted 5 to 0 in favor of the motion. Item No. 2: Amending Chapter 165-103.1 – Technology and Service District to add drive-in business as a conditional use. City of Bangor, applicant. C.O. # 14-314. Vice Chairman Paul Bolin opened the Public Hearing. Planning Officer Gould provided the background of the zoning in the Maine Business Enterprise Park (MBEP) and how it has evolved over time. The City has an entity interested in this location with a drive-thru use element. While we have typically steered away from retail sales and drive-thru uses in the business park the City has decided to modify the Technology and Service District to facilitate the request for such a use on Maine Avenue. There were no other proponents or opponents to the text amendment. Vice Chairman Bolin closed the Public Hearing. Mr. Kenney asked if the proposed development standards being added were different from the existing ones in the MBEP. Mr. Gould noted because it's a newly listed use, Schedule B needs to have a standard for each of the elements in the table. Most are the same as other uses in the park. Vice Chairman Bolin asked for a motion. Ms. McCarthy moved to recommend approval to the City Council of C.O. # 14-314 – Technology and Service District to 3 add drive-in business as a conditional use. Mr. Boothby seconded the motion. The motion passed 5 in favor and 0 opposed. Item No. 3: Amending Chapter 165-105 – Rural Residence and Agricultural District to allow existing nonconforming mobile home parks to be reconstructed. City of Bangor, applicant. C.O. # 14-317. Vice Chairman Paul Bolin opened the Public Hearing. Assistant City Solicitor Paul Nicklas indicated that some existing grandfathered mobile home parks have requested a permitting process whereby they could update the existing older mobile home sites to accommodate modern larger homes. The language proposed would add the reconstruction of older mobile home parks as a conditional use in the Land Development Code. Mr. Nicklas noted the proposed language may not work for every park, but while there was some interest the amendment was being brought forward now. Vice Chairman Bolin asked if anyone wanted to speak in favor of or in opposition to the request. Mr. Al Hodsdon indicated that he was in attendance to present several viewpoints as he has worked with Rick Breton who seeks to make improvements at the Colonial Pines Mobile Home Park on Ohio Street. Mr. Breton has done some prior work in getting troubled parks back in shape. Mr. Hodsdon noted he is the engineer for the State's Manufactured Housing Board. He noted the Board sets standards for Parks to guide municipal regulations and avoid any land use regulations, or overly strict design standards which would make parks financially infeasible. Mr. Jim Pross indicated that he represented Pray's Mobile Home Park on Finson Road. While they were encouraged to see the City looking at the opportunity for changes in their park they do not envision reconstructing the park as it could displace existing residents. Assistant City Solicitor Nicklas indicated the discussion with Pray's would continue to see if a mutually agreeable solution could be found. Vice Chairman Bolin closed the Public Hearing and asked for Staff comments. Planning Officer Gould provided the Board with a brief history of how the City Zoning has provided for mobile home parks since the mid 1980's. Mr. Gould told the Board they should not confuse this language which deals with parks created prior to 1971 with newer parks constructed in compliance with City Standards through the 1980's and 1990's. While mobile home parks have been a difficult land use to accommodate in the City, our land use policy identifies them as a high density residential housing use and directs them to the same development standards as would similar uses. The 4 proposed amendment adds language to RR&A which opens the door to these grandfathered parks to do what was done on Union Street with an older mobile home park there. While the management of the park is somewhat atypical the reconstruction has meet all the development goals the City envisioned. Ms. McCarthy was concerned that the language to allow reconstruction could possibly displace residents. Mr. Kenney moved to recommend approval to the City Council of C. O. # 14- 317 to amend Chapter 165-105 – Rural Residence and Agricultural District to allow existing nonconforming mobile home parks to be reconstructed. Mr. Boothby seconded the motion, which carried by a vote of 5 to 0. NEW BUSINESS Item No. 4: Final Subdivision Plan approval of a two-lot subdivision located at 1100 Hammond Street in a General Commercial and Service District. Kushi Realty Group, LLC, applicant. Jeff Allen, P.E, with Bangor Engineering, represented the applicant who has requested Final Subdivision Plan approval to subdivide their lot into two lots. Mr. Allen indicated that this application is in preparation for submittal of a future site development plan for this site. He explained that there is a drainage ditch that runs down the middle of the proposed lot that was created by the Maine Department of Transportation as a part of the construction of I-395. The applicant proposes to move that ditch to the edge of the property. Planning Officer Gould indicated that this is a minor subdivision plan which meets the requirements for final subdivision submittal. However, Staff would recommend final subdivision plan approval with two conditions. First that the applicant obtain a new easement with MDOT for the proposed drainage ditch and obtain an agreement to extinguish the existing ditch easement; and second, that the applicant apply for Planned Group Development approval. Mr. Kenney moved to approve the Final Subdivision Plan for a two-lot subdivision located at 1100 Hammond Street in a General Commercial and Service District for Kushi Realty Group, LLC with the conditions that the applicant obtain a new easement with MDOT for the proposed drainage ditch and obtain an agreement to extinguish the existing ditch easement and that the applicant apply for Planned Group Development approval. Mr. Boothby seconded the motion. The Board voted 5 in favor and 0 opposed. 5 APPROVAL OF MINUTES Item No. 4: Planning Board Approval of Minutes. Mr. Boothby moved to approve the Minutes of the October 7, 2014 Meeting. Ms. McCarthy seconded the motion, which passed by a vote of 5 in favor and 0 opposed. There being no further items for discussion, the meeting was adjourned at 7:55 p.m.