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HomeMy WebLinkAbout2019-03-05 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR Meeting of March 5, 2019 Meeting Minutes Board Members Present:Ken Huhn, Chair Nelson Durgin, Vice Chair Ted Brush Ronda Hogan Donald Meagher Lisa Shaw Michael Bazinet, Assoc. Member City Staff Present:David Gould Sean Gambrel Paul Nicklas John Theriault Chair Huhn called the meeting to order at 7:00P.M. PUBLIC HEARINGS 1.Conditional Use and Site Development Plan, 711 Broadway-Acadia Federal Credit Union, Applicant-Land Development Permit Application for Conditional Use (drive-thrubusiness, §165-101(D)4)&Site Development Plan for property located at 711 Broadway (R41-021), for a 7,935 +\\-sf credit union and 4,770 +\\-sf tenant space in a Shopping & Personal Services District (S&PS). Paul Monyok ofWBRC presented the application to the Board. This is the former Rite Aid building on Broadway with anexisting drive through. The applicant plans to renovate the building to a bank, whichwill utilize drive through. Also there will be a small pharmacy use at the rear, with its own drive through. This is for prescription pick-up for long-term care facilities. Characteristics of thesite will remainvery similarto what exists,but storm water, traffic,and landscaping improvementswill be made. Member Brush inquired if there is enough accessibleparking for the pharmacy use. Mr. Monyok repliedthat this is for long term care facilities, where staff would pick up large batches,so there really should be no special parking needs. 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV Chair Huhn asked for the Staff Report. Planning Officer Gouldnoted the traffic improvementto make the Boradway access a right out exit only isgood. Mr. Gould reviewed the conditional use standardswith the Board.He stated that trips for this use are likely less than previous use. The stormwater improvements are another good addition, as this is in a non-attainment watershed. Everything with the application appears in order. Member Brush movedConditional Use and Site Development Planapproval, seconded by Member Durgin. The board voted unanimously in favor of the motion. 2.Contract Zone Change-Union, Fourteenth andFrances St-Southstreet Development Company, LLC, applicant-Application to amend the Land Development Code to rezone a 10,000 sf parcel of land at 554 Union Street (011-056) from USD to Contract USD, and a 20,000 sf parcel located at 548 Union Street (011-055-A), 19 Frances Street (011-048), and 108 Fourteenth Street (011-048-A) from URD-1 to Contract USD. Total are to be rezoned 30,000 sf or 0.68 acres Chairman Kenneth Huhn asked the applicant or their representative to make a brief presentation of the request. Randy Bragg of Carpenter Associates presented the application on behalf of Southstreet Development Company, LLC. Mr. Bragg noted that a similar rezoning request for this property had been before the Board in December, and that this new request had been changed to reflect concerns from neighbors that were heard at that meeting. Mr. Bragg stated that he and his client had invited all of the neighbors to a meeting in the interim, which was well- attended, and had developed stronger contract conditions for the rezoning based on this meeting. Mr. Bragg detailed the contract conditions which include retaining the two houses on the site as continuing residential use, conditions for fencing and landscaping, and limitations to operating hours. Mr. Bragg then presented of a digital model of the development proposed after the rezoning, and its surroundings. Member Brush asked why the two residential homes were being rezoned, rather than being left in the URD-1 zone. Mr. Bragg responded that if that were proposed, the lots forthe two homes would be undersized for the URD-1 zone, which could cause problems down the road. He noted that keeping the entire site within the same zone with the same conditions simplifies things. Chair Huhn asked for proponents and opponents to the application. George Newhall of 13 Manners Avenue spoke in support of the proposal, noting that he was opposed to the original rezoning but supports this application and its new contract conditions. Connie Newhall of 13 Manners Avenue spoke in support of the proposal, but stated that she had some concerns related to how the residential homes could be used under the rezoning. Dennis Michaud of 523 Union Street also spoke in support of the proposal, stating that he sees this as an improvement to the neighborhood. Kathleen Strout of 44 Manners Ave stated that she was very concerned about this rezoning when it was initially proposed, but is now much more comfortable with the idea. Chair Huhn closed the public hearing and asked for the Staff report. Planning Officer David Gould discussed the history of contract zoning, noting that both the zoning and the contract conditions “run with the land”, not with the owner. Mr. Gould explained that that for any of the contract conditions to change in the future, the owner at that time would need to go through a rezoning process similar to this process. Mr. Gould stated that therefore the residential homes on the site would remain residential in accordance with the contract conditions, until a rezoning was approved for the property. Mr. Gould further noted that the rezoning also included a parcel on Union Street which has not been included previously, but now the contract conditions would apply to this parcel as well. Mr. Gould explained that the Board shouldmake a recommendation to the City Council on whether or not to recommend the proposed contract rezoning. Member Shaw asked Mr. Gould to elaborate on the presence of the residential homes on the site and the contract conditions that applied to them. Mr. Gould replied that the lots currently do not meet minimum lot size standards, and the proposed rezoning would make these parcels even smaller. He stated that there was no particular reason to disallow such a rezoning, and that the site is large enough to accommodate all uses –both the existing residential uses and the anticipated commercial use as discussed at this meeting. Associate Member Bazinet stated that he was very glad to see that the applicant has been responsive to the concerns of the neighbors and supports this rezoning. Member Meagher and Chair Huhn stated their agreement, noting that it was good to see opponents from the last hearing be proponents at this hearing. Associate Member Bazinet made a motion that the Planning Board recommend approval of Zone Change request at Union, Fourteenth & Frances Streets from USD and URD-1 to Contract USD to the City Council. Member Durgin seconded the motion. The Board voted unanimously in favor to recommend the rezoning to the City Council. 3.Text Amendment -To Define Self-Storage Facility and Clarify the Regulations of Such Facilities-Amendment to the Land Development Code todefine “self-storage facility” and allow accessory salesof related materials at self-storage facilities. Chairman Kenneth Huhn asked the applicant or their representative to make a brief presentation of the request. Planning Staff Sean Gambrel provided background on the proposed change, explaining that the Land Use Ordinance uses of “mini warehouse“, which is not defined, but has been used for self- storage facilities. This amendment replaces the term “mini warehouse” with “Self-Storage” and provides a definition of the term. The other element of this amendment is in regard to the current prohibition of retail sales at these facilities. It is presumed the intent was to prohibit such storage units to be utilized a small office or retail sales spaces. Mr. Gambrel noted that retail sales of products associated with self-storage is customarily accessory at other self-storage facilities throughout the region. Member Meagher asked why the use was a Conditional Use in S&PS and a Permitted Use in GC&S. Mr. Gambrel replied that S&PS is primarily a retail sales and office space district and GC&S is intended for heavier commercial uses, with outdoor storage. So while the use might fit very well in the GC&S zone, there may be additional factors to consider for its placement in an S&PS zone. Chair Huhn asked for proponents or opponents to the text amendment. There were none. Member Durgin made a motion that Planning Board recommend the City Council adopt the ordinance change regarding self-storage as contained in Council Order 19-105. Member Brush seconded the motion. The Board voted unanimously to recommend theproposed ordinance change be adopted by the City Council. 4.Text Amendment -Amending Section 165-13, by Amending the Definitionof Congregate Housing-Ordinance amendment to allow facilities for the elderly and persons with disabilities to be considered congregate housing based on City requirements, removing references to State certification. Chairman Kenneth Huhn asked the applicant or their representative to make a brief presentation of the request. Assistant City Solicitor Paul Nicklas provided background on the proposed change, noting that the State of Maine had stopped certifying such facilities. Given that the City’s Definition references State certification, it is a matter of housekeeping that we amend the definition. Mr. Nicklas noted that the new definition is based on elements which makes this use unique, such as resident age, the presence of supportive services or central dining facilities, limited parking demands,and other elements which set Congregate Housing as a unique land use. The other standards within the Land Development Code for this use (density, parking, etc.) will not change. Chair Huhn asked for other proponents or opponents to the text amendment. Katie Foster of Rudman and Winchell noted that her firm represented a client of such a facility and that they have worked with the City to arrive at an amendment, and as such she supports the amendment. Member Durgin moved that the Planning Board recommend the City Council adopt the ordinance change regarding self-storage as contained in Council Order 19-104. Member Meagher seconded the motion. The Board voted unanimously to recommend the proposed ordinance change be adopted by the City Council. OTHER BUSINESS 5.Meeting Minutes-Meeting minutes from February 19, 2019 were unanimously approved. 6.Adjournment–Meeting adjourned at 8:00 P.M.