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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. 2 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 3 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. 4 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. 5 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. 6 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.