Loading...
HomeMy WebLinkAbout2016-12-06 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF DECEMBER 6, 2016 MINUTES Board Members Present: John Kenney, Chairman Pete Parizo Wayne Mallar Steve Hicks Chuck LeBlanc, Alternate Member City Staff Present: David G. Gould Paul Nicklas John Theriault Jennifer King Tanya Emery Chairman Kenney called the meeting to order at 7:00 p.m. In the absence of several members, Chair Kenney noted Member LeBlanc would be voting. PUBLIC HEARINGS Item No. 1: To amend the Land Development Code by changing a parcel of land located at 72 Broadway (Tax Map 049-018) from an Urban Residence 2 District to a Contract Government and Institutional Service District. Said parcel containing approximately .46 acre. Chairman Kenney asked the applicant to make a brief presentation of their proposal. Mr. Andrew Hamilton, Esq. of Eaton Peabody indicated that he was representing John Bapst Memorial High School. Attorney Hamilton Introduced Mel McKay head of John Bapst. Mr. McKay indicated that he now resides at 72 Broadway and the school has an interest in renovating the carriage house into student housing. The students who come from abroad are not allowed to have cars at the school and the school provides them with support and supervision. Mr. McKay noted that is similar to what was done with the former Leen and Emery Law Office that was rezoned a few years back. 2 Mr. Hamilton reviewed the details of the Comprehensive Plan and the rezoning application’s consistency with the Plan. There were no opponents to the rezoning request. Planning Officer Gould indicated that the request was to rezone a half-acre parcel from URD-2 to G&ISD with two contract conditions. Mr. Gould reviewed the City’s land use policy changes in the area which are reflected in the 1991 zoning of this property and others from Residential 5 District to Urban Residence 2 District. The request is an extension of the John Bapst Campus to the other side of Penobscot Street where there was a dental office for many years (approved in 1984). Being within the Broadway Historic District any exterior building or site changes must obtain a Certificate of Appropriateness from the Historic Preservation Commission. That factor pretty much insures the site will not significantly change in exterior appearance. Member Mallar did have some concerns as to the allowable uses in G&ISD and whether those might be proposed should the property leave John Bapst’s ownership. Mr. Gould noted that it is possible that other uses in G&ISD could occur within the walls of the building but given its exterior review standards and small lot area there is not much room to plan some large institutional complex on this site. Attorney Hamilton noted the contract provisions indicate if there is a compliance concern the City has the ability to rezone the property back to the former zone. Chairman Kenney asked if the contract condition had to further limit the zone as both proposed conditions already exist on the site. Mr. Gould noted that a contract rezoning is the applicant’s prerogative. Staff has discussions with the applicant as to what provisions may aid in getting approval, but in the final analysis it’s up to the applicant to bring forward conditions it believes will aid in getting the rezoning approved. Member LeBlanc made a motion to recommend the City Council adopt C.O. # 17- 023, amending the Zoning at 72 Broadway from Urban Residence 2 District to contract Government and Institutional Service District, John Bapst Memorial High School, applicant. Member Parizo seconded the motion and the Board voted three in favor and two opposed to recommend 17-023. Item No. 2: To amend the Land Development Code, Chapter 165-131 A. (3) Streets and roadways, and D. (1) Sidewalks – subgrade construction standards Chairman Kenney opened the Public Hearing on the Zoning Amendment to amendment the construction standards for streets and sidewalks. 3 Planner Gould provided the Board with an overview of the work undertaken by Staff to work with the City Engineer to develop a set of street standards. As it has been developed the street standards are contained in an adopted policy and what is before the Board are a few instances where the base design specifications are in the Land Development Code. The Board discussed the pros and cons of having specific design standards in the Code as opposed to having them in an Engineering Policy document. Member LeBlanc moved to recommend amending Zoning Ordinance Chapter 131, Streets and Roadways and Sidewalks, Chapter 165-131 A. (3) Streets and D. (1) Sidewalks as contained in Council Ordinance 17-021. Member Parizo seconded and the Board voted unanimously to recommend C.O. #17-021. APPROVAL OF MINUTES Item No. 3: PLANNING BOARD APPROVAL OF MINUTES. Member Mallar moved approval of the November 15, 2016 meeting minutes. Member LeBlanc seconded the motion and the Board voted unanimously to approve the Minutes. OTHER BUSINESS Item No. 4: DISCUSSION OF PENDING ZONING AMENDMENT – Amending Chapter 165, Land Development Code, of the Code of the City of Bangor by Making Procedural Changes to Sections 6, 9, 10, 13, 25, 32, 33, 110, 111, 112, 113, 116, 119, 120, 125, 126, 127, 128, 130, 131, and 133. Assistant City Solicitor Paul Nicklas give the Board a brief overview of the proposed amendment. Mr. Nicklas noted it included a Staff Coordinator to be a point person for applications. There are provisions for digital plan submissions and clearer guidelines for phased development. Tanya Emery, Director of Community and Economic Development, indicated the amendment was a modernizing of the Land Development Code which Staff had been working on for some time. She introduced Jenn King the Development Coordinator. Mr. Nicklas and the Board discussed clarifications as to phased development, or the sequencing of infrastructure to a partial build out. They discussed temporary Certificates of Occupancy and the timing of improvements and occupancy. 4 It was noted that no specific action is required at this time as this is intended to let the Board become familiar with the proposed language prior to its Public Hearing. Member Hicks asked about the language concerning notice to abutters of amended plans. The language implies that notice is not required. Mr. Gould noted that that portion of the language is not being changed. Staff compiles a list of abutters from the Assessing records and then notices are mailed. The language states that the failure of a property owner not to receive notice does not invalidate the action of the Board. It was noted that if Planning Board Members have questions they should contact Staff in a week or two at most, as the Amendment will be finalized soon and moved through the formal adoption process. There being no further items before the Board the meeting adjourned at 7:25 pm.