HomeMy WebLinkAbout2010-09-07 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF SEPTEMBER 7, 2010
MINUTES
Board Members Present: Allie Brown, Chairman
Paul Bolin
John Miller
Andy Sturgeon
Miles Theeman
Julie Williams, Alternate Member
City Staff Present: David Gould
Jim Ring
Paul Nicklas
Peter Witham
Lynn Johnson
Chairman Brown called the meeting to order at 7:00 p.m. In the absence of Board
Members Damon and Kenney, Alternate Member Williams was asked to vote.
PUBLIC HEARINGS
Item No. 1: To amend the Land Development Code by changing part of a
parcel of land from Urban Residence 2 District to Multi-Family
and Service District. Said part of a parcel containing
approximately 18,900 sq. ft. Community Housing of Maine,
applicant. C.O. # 10-265.
Chairman Brown indicated that this item was continued from the August 3, 2010
Meeting and she re-opened the Public Hearing. Chairman Brown asked for a presentation.
Mr. John Karnes, representing the applicant, Community Housing of Maine, indicated
that this request for a change in zoning from Urban Residence 2 District to Multi-Family and
Service District would allow the applicant to renovate the existing building at 97 Court Street
into 7 or 8 apartment units.
Mrs. Diana Young, a resident of 95 Allen Court, had questions regarding if the units
would be for single persons and how would parking be handled on the site.
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Mr. Mike O’Connor, Chief Financial Officer for Prentiss & Carlisle located at 107 Court
Street indicated that they have purchased other neighboring properties and have either
renovated them or demolished them. In doing so they have improved this area and they are
concerned that this development could have an adverse affect upon their properties. Mr.
O’Connor asked if Community Housing of Maine was the current owner of the building.
Planning Officer Gould indicated that this is a request to rezone the existing parcel at
97 Court Street from Urban Residence 2 District (URD-2) to Multi-Family and Service District
(M&SD). URD-2 zoning would allow one to four-unit buildings while the M&SD district would
allow more than four units per building. This is an existing building and if the applicant does
not change the footprint of the building and does not change the existing parking
configuration, there would be no need to come back before the Planning Board for site plan
review. Parking requirements are based upon the number of units in a building and are a
component of site plan review. Mr. Gould indicated that in order to apply for a zone change
request the applicant must either be the owner of the property or have a vested interest in it
such as a purchase and sales agreement or option agreement.
Mr. Karnes indicated that Community Housing of Maine has 16 properties in the City.
The one that they rehabilitated at 53 Charles Street is the nicest building on the street.
They have 24 hour on-call management for their properties.
Ms. Jill Simpson, 57 Court Street, indicated that she, too, previously received a zone
change for her property and expressed her concern for the future of Court Street especially
in light of the fact that the Police Station has moved and the building is vacant. Soon the
Bangor Y will be moving to Second Street creating another potential vacant building.
Planning Officer Gould indicated that the Comprehensive Plan’s Land Use Plan called
for moderate residential density for this 19,000 square foot parcel at 97 Court Street. The
building is the former Knights of Columbus Hall. There has not been much interest in using
this parcel for residential use. When the applicant approached the City about requesting a
zone change there were discussions about whether they should apply for a contract zone
change to limit the density for reuse of the building as opposed to a straight zone change.
There is a level of comfort with this applicant based upon their prior projects in the City.
Another aspect is the fact that this parcel abuts the Kenduskeag Stream and has a large area
that is zoned Park and Open Space which will reduce the overall density. Shoreland zoning
will not allow the building to expand any closer to the Kenduskeag Stream than it presently
does. Mr. Gould noted that he believed Court Street would be better off with an occupied
residential building than an empty one. Planning Staff recommended that the Board make a
positive recommendation for this zone change request.
Mr. Sturgeon moved that the Board recommend to the City Council that the zone
change request as contained in C.O. # 10-265 from Urban Residence 2 District to Multi-
Family and Service District at 97 Court Street for Community Housing of Maine be approved.
Mr. Bolin seconded the motion. The Board voted six in favor and none opposed. Mr.
Sturgeon indicated that he felt comfortable in recommending this zone change because in
the event that the size of the building is increased the applicant will need to come back to
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the Planning Board for review and approval. Mr. Gould noted for the benefit of the
audience that this item will be before the City Council on Monday, September 13, 2010
beginning at 7:30 p.m.
Item No. 2: Amending the Land Development Code, Chapter 165, Section
165-13 - Definitions – to add Registered Cultivation Facility and
Registered Dispensary; to add Registered Dispensary as a
Permitted use in the following districts: Section 165-92 - Urban
Service District; Section 165-96 – Urban Industry District;
Section 165-97 - Government and Institutional Service
District; Section 165-101 Shopping and Personal Service
District; and Section 165-103 Industry and Service District;
to add Registered Dispensary as a Conditional use in the
General Commercial and Service District- 165-102; and to add
Registered Cultivation facility as a Permitted use in the
following districts: Section 165-96 - Urban Industry District and
Section 165-103 – Industry and Service District. City of Bangor,
applicant. C.O. # 10-184 (As Amended).
Chairman Brown opened the Public Hearing and asked for a presentation. Assistant
City Solicitor Paul Nicklas provided the Board with the background of the proposed
regulations that stem from the statewide referendum last November. Based on the
guidelines provided by the State, Bangor will provide limited locations for one Registered
Dispensary and one Cultivation Facility. The amendment lays out the districts where those
uses could be allowed and provides specific exclusion criteria for a dispensary facility. Mr.
Nicklas showed the Board the potential locations within the City that would allow the
dispensaries and cultivation facilities.
Mr. Bolin asked if the exclusion criteria would prohibit adjacent property owners from
constructing houses or churches on adjacent property once a facility is established. Mr.
Nicklas clarified that the exclusion criteria would be used as a locational standard for the
facility at the time of construction. A property owner could subsequently build within the
exclusion buffers if they choose to, and the facility would be grandfathered as to its location.
Planning Officer Gould noted that the development of the language for dispensaries
initially was based on the City’s guidelines for Chemical Dependency Treatment Facilities but
did allow some additional flexibility in terms of commercial districts. Unfortunately, the
General Commercial and Service District (GC&S) was added as a conditional use and failed
to recognize that all permitted uses in Shopping and Personal Service (S&PS) are also
allowed as permitted uses in GC&S. That conflict will need to be resolved. Mr. Gould noted
that locating cultivation facilities (indoors) in industrial districts makes sense as they are, in
fact, manufacturing facilities.
Mr. Bolin noted that he was happy to see the City developing the language proactively
before any potential entities were ready to apply for permits.
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Mr. Theeman indicated that he would like to see the GC&S glitch worked out before
recommending the amendment to the City Council. The Board discussed the options for
tabling the recommendation, making a positive recommendation with suggested language
for changes, or making a negative recommendation. Planning Officer Gould clarified that the
Board has 30 days from the close of the hearing to make a recommendation, but the Council
could not act until it received a recommendation from the Board. The Council does have the
ability to override a negative recommendation of the Board with a two-thirds majority vote.
The dilemma faced by the Board is that it is largely limited to making a recommendation on
the amendment that is specifically in front of it, other suggestions are more advisory.
Assistant City Solicitor Paul Nicklas indicated he would explore the options available to the
City Council and forward the Board’s concern to them.
There were no members of the public in support of, or opposition to, the proposed
amendment. Chairman Brown closed the Public Hearing.
Mr. Theeman moved to recommend to the City Council that the zoning amendment
contained in C.O. # 10-184 (As Amended) be approved. Mr. Bolin seconded the motion.
The Board voted two in favor and four opposed not to recommend the proposed amendment
to the City Council, the amendment to Chapter 165-13 Definitions, and 165-92 et al -
Registered Dispensaries and Cultivation Facilities as contained in C.O. #10-184(As
Amended).
Item No. 3: Amending the Land Development Code, Chapter 165, Section
165-13 – Definitions – to add Community Garden; to establish
Chapter 165, Article VA - Miscellaneous Uses; to move
Temporary Sales of Food or Merchandise from Section 165-13 –
Definitions to Article VA – Section 31; to add under Section 165-
31.1 Community Gardens and to move Auxiliary private wind
turbines from Section 165-130.1 to Section 165-29.1. City of
Bangor, applicant. C.O # 10-292.
The Public Hearing was opened by Chairman Brown who asked for a presentation.
Planning Officer David Gould explained that the amendment came about to add a definition
for Community Garden and to create a section within the Land Development Code for this
use and for other similar uses. The amendment adds Article VA – Miscellaneous Uses and in
a “housekeeping” effort, moves Temporary Vendors, Auxiliary Public Utility Structures and
Wind Turbines from within the Land Development Code to this new Section. Staff felt that
the proposed language clarifies that community gardens are allowed most everywhere
whether accessory or not and moving several accessory uses that were scattered
throughout the Land Development Code into a unified section was a basic “housekeeping
effort.” Staff recommended that the Board make a positive recommendation to the City
Council.
No one spoke either in favor of or in opposition to the proposed zoning amendment
and Chairman Brown closed the Public Hearing.
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Mr. Bolin moved to recommend to the City Council that the zoning amendments
contained in C.O. # 10-292 regarding Community Gardens and Miscellaneous Uses be
approved. Mr. Theeman seconded the motion. The Board voted 6 to 0 in favor of the
motion.
NEW BUSINESS
Item No. 4: Site Development Plan and Site Location of Development Act
Modification approvals for the removal of a concrete taxiway,
realignment of taxiway pavement, and drainage improvements
to the FMS#3 (Field Maintenance Shop) yard located on Hayes
Street and Florida Avenue in the Airport Development District
and Government and Institutional Service District. Maine
Army National Guard, applicant.
Mr. Sturgeon indicated that he has a conflict of interest as the designers of this project
are employed by the same firm that he is employed with. Mr. Theeman moved that Mr.
Sturgeon has a conflict of interest and that he be recused. Mr. Bolin seconded the motion.
The Board voted 5 to 0 in favor of the motion to recuse Mr. Sturgeon.
Ms. Jodi O-Neal, with the James W. Sewall Company, indicated that the applicant is
requesting Site Development Plan and Site Location of Development Act Modification
approvals to remove a concrete taxiway and realign a taxiway pavement, and do drainage
improvements to the Field Maintenance Shop yard. Ms. O-Neal discussed the proposed
plans indicating where the changes to the site were proposed. She indicated that as a result
there would be a reduction in impervious area.
Planning Officer Gould indicated that the applicant is proposing to remove a concrete
taxiway and replace it with heavy duty asphalt pavement. They are also proposing to align
one section of the taxiway’s centerline with another center line. The project will entail a net
loss of 26,486 sq. ft. of impervious surface. The existing stormwater system has the capacity
to treat the proposed changes and therefore, no new stormwater changes are proposed.
Staff indicated that the plans meet the requirements for Site Development Plan review and
the Standards of the Site Location of Development Act and recommended approval of both
applications. Jim Ring, City Engineer, indicated that he reviewed the plans and found that
they are in order.
Mr. Theeman moved that the Board grant approval of the Site Development Plan and
the Site Location of Development Act Modification for Maine Army National Guard on Hayes
Street and Florida Avenue. Mr. Miller seconded the motion, which carried by a vote of 6 to 0.
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APPROVAL OF MINUTES
Item No. 5: Planning Board Approval of Minutes of August 17, 2010
Meeting.
Mr. Theeman moved that the Board approve the Minutes of the August 17, 2010
Planning Board Meeting. The motion was seconded by Mr. Sturgeon and it passed
unanimously.
There being no further items for discussion, the meeting was adjourned at 8:05 p.m.