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.