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HomeMy WebLinkAbout2010-03-02 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF MARCH 2, 2010 MINUTES Board Members Present: Allie Brown, Chairman Jeff Barnes Paul Bolin, Alternate Member Doug Damon John Miller Nathaniel Rosenblatt Miles Theeman City Staff Present: David Gould Paul Nicklas Bud Knickerbocker Lynn Johnson PUBLIC HEARINGS Item No. 1: To amend the Land Development Code by changing part of a parcel of land located at 431 State Street from Urban Service District to Government and Institutional Service District. Said part of a parcel containing approximately .72 acres. Eastern Maine Medical Center, applicant. C.O. # 10-084. Mr. Theeman indicated that he had a conflict on Item No. 1 as the applicant is a sister corporation to the organization to which he is the president. Mr. Rosenblatt moved that Mr. Theeman be recused from voting as he has a conflict of interest. Mr. Barnes seconded the motion which passed unanimously. Mr. Bolin also indicated that he had a conflict on Item No. 1 as the applicant is his employer. Mr. Rosenblatt moved that Mr. Bolin be recused from voting as he has a conflict of interest. Mr. Barnes seconded the motion, which also carried unanimously. Chairman Brown opened the Public Hearing and asked for a presentation. Attorney Andrew Hamilton represented the applicant, Eastern Maine Medical Center, in its rezoning application. Mr. Hamilton briefly reviewed the history of the Stetson Building and the likely reason it was zoned as a commercial use. Mr. Hamilton noted 2 that it was the hospital’s intent to create a uniform district for the property such that when the economic conditions improve the existing commercial zone will not add to the complexity of any new development plans. As no one in the audience spoke either in favor of or in opposition to the request, Chairman Brown closed the Public Hearing and asked for Staff comments. Planning Officer David Gould indicated that the property in question has been commercially zoned for 30 years or more. It is believed that the commercial zone was put into place to accommodate a retail pharmacy in the Stetson Building on the Eastern Maine Medical Center Campus in the early 1970’s. Staff can only speculate that the for- profit pharmacy was seen as only allowable as a commercial use in a commercial district. The current Land Development Code interpretation would allow a small portion of the hospital’s floor area to operate as a for profit accessory use in a Government and Institutional Service District (G&ISD). Planning Officer Gould indicated that the hospital complex is designated for institutional uses in the Comprehensive Plan and the plan does not represent the specific details of the commercial district in its Land Use and Zoning Policy Maps. Mr. Rosenblatt moved to recommend to the City Council that the zone change request at 431 State Street from Urban Service District to Government and Institutional Service District as contained in C.O. #10-084 be approved. Mr. Barnes seconded the motion. The Board voted 5 to 0 in favor. Item No. 2: Amending the Land Development Code Section 165-13 - Definitions –to add Nonprofit Dispensary; and to add Nonprofit Dispensary as a Permitted Use in the following districts: Section 165-96 - Urban Industry District; Section 165-97 – Government and Institutional Service District; and Section 165- 103 – Industry and Service District; and as a Conditional Use in Section 165-102 – General Commercial and Service District; City of Bangor, applicant. C.O. # 10-033. Chairman Brown opened the Public Hearing. Planning Officer David Gould explained that the amendment was intended to adopt language for the newly created marijuana dispensaries. The proposed language would adopt the State definition of Nonprofit Dispensary and essentially mirror the regulations of the Chemical Dependency Treatment Facilities. The initial concern was that lacking any land use guidance the facilities might be able to be established in unsuitable areas. Unfortunately, the State has been slow in developing additional guidance and the Planning Board did originally have concerns with the manner in which Chemical Dependency Treatment Facilities were regulated. 3 The Board asked Assistant City Solicitor Paul Nicklas to review the State definition of Nonprofit Dispensary and discussed some of the implications as to cultivation and what “nonprofit” meant in this context. Chairman Brown asked for comments from proponents or opponents. Mr. Richard Hatch indicated that he did not think that nonprofit dispensaries should be treated the same as Chemical Dependency Treatment Facilities given the difference in age groups served, hours of operation, and overall impact from the use. Mr. Hatch did think that there should be land use regulations as to location. Mr. Barnes indicated that he was not in favor of such facilities in the community. Mr. Damon indicated that there should be reasonable protections for residential areas the same as we do for bars and places that serve alcohol. Mr. Theeman indicated that there still are a lot of unknown details in how this will work and he would prefer to wait rather than rush to adopt language which may be short sighted. Mr. Rosenblatt moved to recommend to the City Council that the zoning amendment as contained in C.O. #10-033 regarding Nonprofit Dispensary be approved. Mr. Theeman seconded the motion. The Board voted 0 in favor and 7 opposed to the motion, therefore not recommending adoption. Item No. 3: Amending the Land Development Code, Chapter 165, Section 165-105C - To add Bed and Breakfast use to the list of Permitted Uses in the Rural Residence and Agricultural District. City of Bangor, applicant. C.O. # 10-076. Chairman Brown opened the Public Hearing. Planning Officer David Gould explained that the amendment was intended to add Bed & Breakfast as a permitted use in the Rural Residence and Agricultural District (RR&A). This concept was brought to the Planning Board’s attention in 2004 when a property owner sought to establish a Bed & Breakfast establishment in an historic structure in the Rural Residence and Agricultural District via Contract Zoning Provisions. The Board found the use acceptable but did not want to establish them via a rezoning process but to look at a RR&A District Amendment. Staff prepared a preliminary version that had requirements based on older buildings and B&B’s and Country Inns. The language was later revised to address the concerns of the Board and is now being introduced for consideration. Mr. Bolin noted that the initial concerns he had have been addressed. Mr. Damon asked why the standards specifically called out compliance with State Plumbing Code requirements and not other codes such as electrical. Mr. Gould noted that the specific concern was to be sure that the incremental increase in waste water flow that 4 increases with each additional rental room was not overlooked in the permitting process. No one spoke either in favor of or in opposition to the proposed zoning amendment. Chairman Brown closed the Public Hearing and asked for a motion. Mr. Barnes moved to recommend to the City Council that the zoning amendment contained in C.O #10-076 to add Bed and Breakfast use as a permitted use in the Rural Residence and Agricultural District be approved. Mr. Miller seconded the motion which carried unanimously. NEW BUSINESS Item No. 4: Site Development Plan approval to widen a portion of the existing gravel access road located at 547 Broadway in a Shopping and Personal Service District and a Low Density Residential District. Bangor Hydro Electric Company, applicant. Mr. Al Soytes with Bangor Hydro Electric Company, explained that they are seeking Site Development Plan approval to widen their existing gravel access road at 547 Broadway to allow room, if the need arose, for a temporary mobile substation to be placed at this site. They are also proposing to upgrade the culvert. Planning Officer Gould explained that this is an application for Site Development Plan approval to widen a portion of the existing gravel access road at 547 Broadway. This item would have been a candidate for the Consent Agenda had submittals arrived prior to the time that the Staff Memorandum was written. Mr. Gould indicated that all Site Development Plan submittals were in order and Staff recommended approval. Mr. Rosenblatt moved to approve the Site Development Plan for Bangor Hydro Electric Company to widen a portion of the existing gravel access road located at 547 Broadway in a Shopping and Personal Service District and a Low Density Residential District. Mr. Barnes seconded the motion. The Board voted 7 to 0 in favor. APPROVAL OF MINUTES Item No. 5: Planning Board Approval of Minutes. Mr. Theeman moved to approve the Minutes of the February 2, 2010 Meeting. Mr. Barnes seconded the motion which carried unanimously. 5 Other Business Planning Officer Gould noted an upcoming Planning Board Workshop sponsored rd by Maine Municipal Association on Tuesday, March 23. There being no further items for discussion, the meeting was adjourned at 7:45 p.m.