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HomeMy WebLinkAbout2018-03-06 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR TUESDAY, MARCH 6, 2018, 7:00 P.M. THIRD FLOOR COUNCIL CHAMBERS, CITY HALL MEETING MINUTES Board Members Present: Charles Boothby, Chairman Edwin Brush Nelson Durgin Phyllis Guerette Pete Parizo Ken Huhn Steve Hicks City Staff Present:David Gould, Planning Officer Sean Gambrel, Planning & HPC Officer Paul Nicklas, Asst. City Solicitor Chair Boothby called the meeting to order at 7:00 p.m. Item No. 1Amending Chapter 165, Section 93, Land Development Code, of the City of Bangor, by limiting ground floor residential units in the Downtown Development District. C.O. #18-123. Chair Boothby opened the Public Hearing and Planner Sean Gambrel provided the Board withan overview of the proposed amendment. Planner Gambrel noted that an increase in downtown redevelopment has prompted some developers to replace first floor commercial space with residential space. The conversion of these spaces has a twofold impact, as ittakes away street activity related to store front shops, and secondly the residential units often cannot find privacy and security for dwellings at the street level. The proposed text amendment would still allow residential first floor spaces on streetsoutside of the core of downtown, such as York or Franklin Streets. Further, if it could be demonstrated that such a limitation would be an economic hardship, the applicant could request a waiver from the Board of Appeals. All existing first floor units would be legal grandfathered units. Member Durgin asked how many units likely are in existence now on the first floor(s). Mr. Gambrel noted approximately a dozen. Chair Boothby asked for public comments on the proposed amendment. 2 Greg Edwards spoke in favor of the proposed amendment. He noted his business moved downtown for the lively interactive environment downtown provides. He also noted the City had spent a large sum of money to make West Market Square a vibrant pubic space, and that the gates installed on doorways for the first floor residential units there detracted from the community feeling considerably. Ann Marie Orr indicated she was a business owner downtown and was not in favor of adding more restrictions to development downtown. She was concerned that the next step might be to limit other uses deemed not interactive, such as office spaces. She believed the building owners ought to decide what is best for their building and that the market would determine what was economically feasible or not. Member Durgin made a motion to recommend that C.O. #18-123 be adopted by the City Council. Member Guerette seconded the motion and the Board voted six in favor and one opposed to send a positive recommendation to the City Council. Item No. 2Amending Chapter 165, Land Development Code, and 177, Marijuana, of the Code of the City of Bangor, by adding provisions regarding retail marijuana stores. This ordinance amendment would define the zoning districts in which retail marijuana stores are able to locate, as well as certain security and oversight requirements. C.O. #18-106 Assistant City Solicitor Paul Nicklas provided the Board with a brief reviewof the proposed text amendment. Since the referendum vote the State has developed State law which allows communities to provide for manufacture testing and sales of Marijuana in Maine. Retail sales would be allowed in the Urban Service District, Shopping and Personal Service District and General Commercial and Service District. Mr. Nicklas had a map depicting the districts in the City with the setbacks fromdesignated incompatible uses included(such as schools playgrounds etc.).The language directsallsales to within the retail premises;no drive thru or outdoor saleswill be permitted. Other related facilities,such as manufacturing or cultivating Marijuana, would exclude on-site retail sales.Hours of operation, and signage limitationswill be put in place. The standards are based on some other states with Marijuana sales and Maine’s rues for liquor sales. Chair Boothby asked if there was a baseline testing method to identifyoperating under the influence. Mr. Nicklas indicated therewas presently no specific testing procedures. 3 Robin Carr, from Health and Community Servicesspoke,indicatingthat Bangor is establishing itslocal drug policy with the proposed inclusion of retail sales of Marijuana and relatedCity policies. The Bangor Community Health Services Department has been working in the field of youth substance abuse for a long time. With funding of the Maine Tobacco Settlement work to prevent underage tobacco use gain a lot of ground. Further work has been ongoing interms of alcoholuse among youth. The key elements for youth exposure and experimentation are access and marketing. Lookingat other states-such as Colorado -these states bringa great deal of resources to combat underage consumption. Maine does not have such resources. Mr. Nicklas noted if no actions were taken,marijuana sales would be treated as any other retail productin the local land use policy. The State hasset up a frame work to allow communities in Maine to choose which direction they want to take,allowingretail sales or prohibiting such sale,and limitless choices in between. Member Huhn moved to recommend C. O. # 18-105 Member Durgin seconded the motion and it passed six in favor and one opposed. MINUTES PhyllisGuerette moved to recommend the adoption of the Minutes of February 20, 2018. Member Kuhn seconded and the Minutes passedunanimously. With no other items before the Board the meeting was adjournedat 7:41pm