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Home My WebLink About2020-02-04 Planning Board Minutes PLANNING BOARD TUESDAY,FEBRUARY 4, 2020,7:00 P.M. THIRD FLOOR COUNCIL CHAMBERS, CITY HALL MEETING MINUTES Board Members Present:Michael Bazinet Ted Brush Ronda Hogan Ken Huhn Donald Meagher Reese Perkins Lisa Shaw City Staff Present:Anne Krieg, City Planner Paul Nicklas, City Solicitor John Theriault, City Engineer Planning Officer Kriegcalled the meeting to order at 7:00P.M. _______________________________________________________________________________ NEW BUSINESS 1.Introduction of New Members 2.Election of 2020 Officers Ken Huhn elected as Chair, Don Meagher elected as Vice Chair. PUBLIC HEARINGS 3.Zone Change –To amend theLand Development Code by changing parcels of land, Map- Lot 045-009-E, and Map-Lot 046-032, from Contract Government & Institutional Service (G&IS) District to Multifamily & Service (M&S) District. The current zoning district is a contract zone; as part of this change, the contract and conditions would be removed. Said parcel of land contains 5.3 acres, and is more particularly indicated on the map attached hereto and made part hereof. Penquis CAP, Inc. is the applicant; the owner of the property is MediMaine Real Estate Limited Partnership. Jason Bird of Penquis CAP, Inc. reviewed the request. Their company seeks to build housing projects near existing goods and services and their projects add to the community. 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV City of BangorPlanning Division February 4, 2020 Planning Board Meeting Minutes He indicated the uses that the current zoning allows has more traffic and noise associated with those uses than a multifamily project. He offered to work directly with the school and neighbors as they formulate a plan if the zoning passes. He told the Board that their development practices are not stereotypical public housing projects as they have unique funding structures to do better developments. He reviewed Penquis’ policies on rent, use the property, and other rules for their tenants. Their plan isto build workforce housing. Board members discussed the need for traffic studies. At the time of the submittal of a land development plan, the need for a traffic study would be discussed then. It was made clear that the request is a straight zoningdistrict request, so no conditions or plans are associated with the Board’s deliberations. Board members also reviewed the following table from the staff report to compare and contrast the uses: Attribute/Zoning Government & Institutional Multifamily & Service DistrictService District (contract District conditions shown in asterisk*) 60’*45’ Maximum District Height 30%40% Maximum Lot (or 130,000 SF*) Coverage (buildings) 30’10’ Front Setback 20’10’ Side Setback 30’10’ Rear Setback .75*.85 Maximum Impervious Surface Ratio 21 Floor Area Ratio Buffer Yard B* (20’ width of Buffer Yard A Buffer Yard plantings) Public Agencies & non-profitsOne, two and multi-family Allowed Uses Place of worshipPersonal services DaycareDaycare CemeteryHome occupation HospitalCommunity living Nursing Home Sports arena Chemical dependency treatment facility Radio/tv broadcast towers Medical office/clinicBoarding, B&B, nursing home, Conditional Uses Public utilityplace of worship, community Transitional housingservice Level IV residential care facilityCongregate housing Office (less than 3,000 SF and only on major arterial) Page2|5 City of BangorPlanning Division February 4, 2020 Planning Board Meeting Minutes Operational issues for maintenance was brought up and discussed from Member Brazinet. It was noted that Penquis has an inspections and operations plan with staff dedicated to respond to issues. Penquis plows/mows their properties. The applicant reviewed the process for removal of a tenant if habitually offending the rules occurs. The attorney for the property owner, Medi-Maine, from Rudman Winchell, spoke briefly in favor of the project, noting that the market shifted away from more medical offices at the location. Opponents to the proposal spoke. Mrs. Landon from Essex Street discussed traffic issues at the corner of Milton Avenue Extension, noting difficulties for school buses and fire trucks. She was also curious about the developability of the parcel, as to whether it had been a dump from the 1911 fire. Another resident from Essex Street, Kathleen Percival, also spoke about traffic issues that exist today. She noted that at the start of school is when traffic is the most difficult. She is concerned with how big the project is going to be and that there are no plans submitted for the development. She further noted that Essex Street is used as cut-through road. She also said she is concerned with the loss of privacy in her backyard, safety issues with residents living at a new multifamily development, and safety for the students at Mary Snow School. Brian Bannen, Principal of Mary Snow School, also spoke. He reiterated previous comments on traffic and congestion in the area. He added that people often park along the road when there are school events and at drop-off/pick up times. He is concerned for students’ safety of walking to the school and the buses that will go in and out of the development. He agreed that there have been bus accidents at the intersection. Planning Officer Anne Krieg read a letter from Patricia Landon, who resides on Milford Street Extension. This letter is attached. Dana Herz of 403 Broadway, also agreed with previous comments on traffic. It was questioned whether Milford Avenue Extension was a public road and the City Engineer confirmed to staff that is a public street. Brett Landon of 442 Essex Street repeated concerns on traffic. He added that Milford Extension is narrow now for the school traffic. He added comments about privacy and the natural quality of the parcel. He questioned if the city would need to do a taking of his property to widen the roadway. He opined that single family dwellings there are preferable to multifamily because of the density and number of units as an issue. He expressed concern that there will be a loss to property values, his estimation was 25% loss. Page3|5 City of BangorPlanning Division February 4, 2020 Planning Board Meeting Minutes Bruce Theriault of 391 Broadway added comments on traffic congestion that exists and property values. He also stated he would prefer a business to be developed there as the building would be vacated in the evening. He had overall concernswith the loss of community in the neighborhood that a multi-family development would create. Mr. Bird returned to respond to the comments: Their project is a taxable investment, usually the investment is 170,000-180,000 per unit so it adds value to the area. He would not seek a pass through from Broadway to the project as it would take up too much land. The current zoning analysis has more intensive uses; traffic engineering practice indicates that multi-family projects have less traffic than single family dwellings Their parking needs will be met on the site and will create a safe development for children. The Chair closed the public hearing and asked for staff comments. Planning Officer Krieg provided staff comments from the staff report (attached). City Engineer John Theriault reviewed traffic analysis, agreeing that multi-family has less trips per day than other uses. He added that if a traffic study was warranted, then the Board/staff can request one at the development permit phase. Member Shaw confirmed with staff that abutters would be notified of any land development permit. Member Shaw, with a second from Member Meagher, moved to recommend to the Bangor City Council that the noted zoning change ought to pass. Member Perkins thanked the residents for coming, noting he was impressed they came and spoke. He is confident that Mr. Bird and the city can work through issues with neighborhood residents. All were in favor of the motion. (Huhn, Bazinet, Brush, Hogan, Meagher, Perkins, Shaw –Durgin absent) OTHER BUSINESS 4.Annual Review & Training -Legal, Planning & Stormwater City Solicitor Nicklas performed legal review. He covered the following topics: Page4|5 City of BangorPlanning Division February 4, 2020 Planning Board Meeting Minutes Quorum Passing motions Contact outside of meetings Ex-partecommunication Site visits Email Freedom of informationrequests Contact with staff, Responsibility to disclosebias, conflict of interest, background knowledge Zoning decisions General meeting management,includingpublic hearings, abstention, Comprehensive Plan discussion What is NIMBY. Richard May, Engineering Division, Stormwater Tech presented PowerPoint. Stormwater permits by DEP. The Board tabled the training from Planning Officer Krieg 5.Meeting Minutes –Meeting minutes of January 21, 2020were approved withno changes. 6.Adjournment–Meeting adjourned at 9:00 PM. Page5|5