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HomeMy WebLinkAbout2019-02-19 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR Meeting of February 19, 2019 Meeting Minutes Board Members Present: Ken Huhn, Chair Nelson Durgin, Vice Chair Ted Brush Ronda Hogan JohnKenney Donald Meagher Lisa Shaw Michael Bazinet, Assoc. Member City Staff Present:Sean Gambrel, Planning Staff Norman Heitmann, City Solicitor Chair Huhn called the meeting to order at 7:00P.M. CONSENT AGENDA 1.Site Development Plan –To approve Land Development Permit Application for existing 22,550 sq. ft. commercial structure change of use from skating rink to retail. Project includes 5,799 sq. ft. addition for retail use at property located at 82 Sylvan Road(Tax-Map R62-005-K), in a General Commercial & Service District (GC&S). Ellis Entertainment, Inc, applicant. Member Brushmoved approval of the Consent Agenda, seconded by MemberDurgin. The Board voted unanimously to approve the Consent Agenda. PUBLIC HEARINGS 2.Zone Change -To amend the Land Development Code by changing of a parcel of land located at 688 Hogan Road, (Tax Map R61-009-E) from S&PS (Shopping and Personal Services) District to GC&S (General Commercial and Service) District. Said parcel of land containing approximately 9.27 acres of land and being more particularly indicated on the map attached hereto and made part hereof. QV Realty Trust, applicant. 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV Mr. Ed Bearor, or Rudman-Winchell spoke, representingthe applicant, QV Realty Trust.Mr. Bearor explained that acouple years ago, his clientobtained theformerKmart property, which has long been closed. He stated that at this juncture, his client feels that the highest and best use for this large site would be a car dealership,similar to what his client operates nearby on Hogan Road. A component of the operations here would be automobile repair, however that use is not permitted in the Shopping &Personal Services district, hence the zone change request.Mr. Bearor noted thatthis was one of the first developed parcels in the area,back in the 70’s, and has outlived its usefulness as a retail center. He specified that the Applebee’s building, which is on the propertybut operates under a separate lease, is not included in this rezoning. Member Kenney inquired about the contract zone change and why the applicant didn’t choose to include contract conditions to eliminate some other uses that aren’t compatible with surrounding uses, such as cellular towers or manufacturing facilities. Mr. Kenney stated that he would have been more comfortable with a contractzone changein this instance. Mr. Bearorexplained that his clientwants to keep alloptions openon the property,and is relatively certain they’ll be back for a plan fora car dealership and service center,but can’t commit to 100% of that right now. Chair Huhn asked for proponentsand opponents to the zone change request. There was no public comment. Chair Huhn closed the public hearing. Planning StaffSean Gambrelgave the staff report. He reminded the Board to consider the policies set forth in the ComprehensivePlan and gauge this application’s consistencywith the plan. He noted that the parcel in question is clearly identified as intended for S&PS on the Zoning Policy Map. Mr. Gambrel noted that he was not involved in discussions leading up to thisapplication, but noticed that contract conditions that we might normally see with a request such as this were not pursued, which is what Mr. Gould was trying to convey in the staff memo. Mr. Gambrel stated that, for example, contract conditions could specify that the site would be updated and inconsistent usesallowed in GC&S removed.He noted that the site was developed prior to modern standards with storm water, landscaping and traffic, and with no contract conditions, could continue to operate as is, with no updates.He expected that the Quirks would likely renovate the site to similar standards as their other facility, but there is a possibility they rd would not. Also, the applicant could change their mind entirely and sell the property to a 3 party who may opt to pursue one of the GC&S uses that are incompatible with the surroundings. He urged the board to consider this request not in terms of what the applicant is discussing short- term, but also in terms of what’s possible long term. There was no further discussion. Member Durgin movedrecommendation of thezone change request to the city council as presented. Member Brush seconded the motion. The Board voted unanimously to recommend the City Council approve the zone change request. 3.Conditional Use –Site Development Plan –Subdivision-To approve Land Development Permit Application for Conditional Use and Site Development Plan Subdivision Approval for expansion of existing 10-unit attached residential development by 34 units for a total of 44 dwelling units at property located at 777 Ohio Street (Tax-Map R34-001-B), in a Low Density Residential (LDR) District. Glen Braley, applicant. Jim Kiser presented the application on behalf of applicant, Glen Braley.Mr. Kiser stated that this was an extension of the previously approved MeadowFarm development, adding 34 new units in a series of duplexes continuing down the hill toward the Kenduskeag Stream. Mr. Kiser noted that the rear portions of the property were zoned resource protection,and thatno work would be done in this area, and it will remain asopen space. He explained that the total development will be 44 units, served by public water & sewer. Sewerage will require aprivate pump station on the property, with auxiliarybackup power.The plan features storm treatment basinson the site adequate to handle stormwater and will discharge to existing natural draining paths.He explained that the project is also under application for a DEP Storm waterpermit for development exceeding 1 acre of impervious area, and that he expects approval in the near future. Chair Huhn asked for proponents and opponents to the zone change request. There was no public comment. Chair Huhn closed the public hearing. Planning Staff Sean Gambrel provided the staff report, noting that staff has gonethrough numerous revisions with Mr. Kiserand at this point staff is satisfied with the plan and it meets all applicable standards.Mr. Gambrelreminded the Board that this wasa conditional use in the zone, so the board needs to consider the separate Conditional Use Standards that were outlined in the staff memo. Mr. Gambrel stated that if the Board found that the plan met the Conditional Use Standards, staff recommendsapproval of the site plan. Member Durgin moved approvalof the site plan application, seconded by Member Kenney.The Board voted unanimously to approve the Site Development Plan. Text Amendment –Amending Chapter 165, Land Development Code, to Define 4. Makerspace and Add it as a Permitted Use in Several Industrial and Commercial Zoning Districts. CO #19-093. Planning Staff Gambrel presented the proposed ordinance change on behalf of the City. Mr. Gambrel explained that staff has been approachedby a group interested in creating makerspacein Bangor.Mr. Gambrel described the typical characteristics of a makerspace, including cooperative use of the spaceandtools provided on siteby members.He noted that members of these facilities were oftensmall, tech-oriented or high-end craft businesses, and that this was often a bridge betweenahobbyand a small business -an incubator of sorts.He explained that differences between this and typical service or manufacturing businesses meant that the code did not effectively allows this use,so that is why staff is developing this language. Member Shaw asked howa makerspace was different than a more traditional co-working space. Mr. Gambrel noted that a maker space is more production oriented, and that it may feature things like storage, heavy machinery, etc. that would not be found in an office situation. Member Meagher asked if there were any supplemental regulations required for a use such as this. Mr. Gambrel noted that fire & safety code issues that would happen at the code enforcement and inspection level.He stated that the City wants to create this as a permitted use right now, and that is why this is before the Planning Board. The other issues are out of the scope of the Planning Board and will be handled by those departments. Chair Huhn asked for proponents and opponents tothe zone change request. There was no public comment. Chair Huhn closed the public hearing. Member Kenney moved that the Planning Board recommend approval of the proposed ordinance change to the City Council. Member Durgin seconded the motion.The Board voted unanimously to recommend the City Council adopt the proposed ordinance change. OTHER BUSINESS 5.Meeting Minutes –Meeting minutes from February 5, 2019 were unanimously approved. 6.Adjournment–Meeting adjourned at 7:30 P.M.