The URL can be used to link to this page

Home My WebLink About2021-11-16 Planning Board Minutes PLANNING BOARD TUESDAY, NOVEMBER 16, 2021, 7:00 P.M. CITY COUNCIL CHAMBERS AND VIA ZOOM MEETING MINUTES Board Members Present: Ken Huhn, Chair Reese Perkins, Vice Chair Ted Brush John Kenney Donald Meagher Lisa Shaw City Staff Present: Anja Collette, Planning Analyst Anne Krieg, Planning Officer Joshua Saucier, Asst. City Solicitor Chair Huhn called the meeting to order at 7:00 P.M. LAND DEVELOPMENT CODE AND MAP AMENDMENT PUBLIC HEARINGS 1. Zone Change – 76 Patten Street – Map-Lot 035-019 – from Urban Residence 1 District (URD- 1) to Urban Residence 2 District (URD-2) – Applicant: Nate & Chloe Lewis o/b/o Louie Lewis Properties, LLC. -To amend the Land Development Code by changing a parcel of land located at 76 Patten Street, Map-Lot 035-019, from Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2). Said parcel of land contains 0.25 acres. Applicant: Nate & Chloe Lewis o/b/o Louie Lewis Properties, LLC. Nate Lewis, applicant/owner, presented the following: Owns Louie Lewis Properties Purchased 76 Patten Street last year Wants to put a new duplex on the back side of lot by Walter Street; this will help create more housing for the city Planning Officer Krieg clarified that this would be an additional two unit located on the property, which is allowed in URD-2. Vice Chair Perkins stated that the City needs more housing, but strongly recommends that the Planning Board not approve this measure. The Planning Board is obliged to go by the Comprehensive Plan and the current Comprehensive Plan calls out an area of mixed properties (single, multi-family), but it’s not zoned this way. Vice Chair indicates that there are no other properties on the block that are URD-2; they’re all URD-1. There are 85 properties in the 3 blocks surrounding the property, 2 of which are URD-2. Two out of eighty five is not really mixed zoning. 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV City of Bangor Planning Division Planning Board Meeting Minutes –November 16, 2021 Thinks that we’re talking about spot-zoning;recalled zoningtrainingfrom January where they were urged not to spot-zone. Provided definition of spot-zoning from Maine Municipal Association. Spot- zoning isn’t the way out of our problems in this area. Will be voting no on this issue. Applicant Lewis advised that across the street from where he wants to build is zoned as URD-2. Has land that isn’t being used and he wants to make housing. Wants to invest back into the City that he grew up in. Board discussed Accessory Dwelling Units (ADU’s), intention to have access from Walter Street, previous zone changes in the area, as well as parcel sizing for dwelling units. Discussion was held on the Affordable Housing Plan and Comprehensive Plan, as well as extensive discussion on existing non-conforming units in URD-1. Planning Officer Krieg stated that the motion that the Board makes will be a recommendation, ought to pass or ought not to pass. Stated that the end intention of applicant is to have 4-units of housing, but cautioned that you have to assume the build out allowed in the district. If it’s a straight zoning change, you’d assume whatever the zoning allows would go into the parcel. Member Brush moves to recommend that City Council amend the Land Development Code by changing a parcel of land located at 76 Patten Street, Map-Lot 035-019, from Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2). Said parcel of land contains 0.25 acres. Applicant: Nate & Chloe Lewis o/b/o Louie Lewis Properties, LLC. The motion was seconded by Member Shaw with comments that given the piece is on Walter Street across from a URD-2, it is, from that point of view, compliant with rest of neighborhood. Just asks that Vice Chair Perkin’s opinion brought to council as well. Roll Call Vote: Kenney – Yes, because URD-2 is across the street from parcel in question. Proponent for more housing in this area, thinks that the Comprehensive Plan underway will be looking at this. Trepidation in voting in favor of this; thinks best approach is to wait for Comprehensive Plan for this area, but that said, in this area, URD-2 is across the street and there are existing non-conforming multi-unit properties in URD-1 in the area. Brush – Yes, doesn’t see this application as inconsistent with neighborhood character and the direction it's moving. Meagher – Yes, concur with colleagues; knows a lot will be addressed in Comprehensive Plan process, but getting through that process, adoption by Council, then going to Development Code and modifying accordingly- it’s a multi-year process, we can’t simply freeze everything in place, that’s a long time. Shaw – Yes, due reasons stated earlier, with caveat that Member Perkin’s concerns are also shared Page 2 | 5 City of Bangor Planning Division Planning Board Meeting Minutes –November 16, 2021 Perkins –No –appreciate Member Shaw’s affirming my thoughts, still concerned about other members considerations; for example, knows there is a URD-2 across the street, but where in the rules does it say that is okay? Still obligated to work within existing Comprehensive Plan, still stands behind what he thinks. Huhn - Yes – respects Vice Chair Perkins but the existing Comprehensive Plan is 10 years old. The City needs affordable housing, there were no neighbors to object. If the request was denied, it would be putting the applicant as a land owner at a disadvantage; couldn’t move forward in his investment. If this isn’t in the eye of the Council, they can reject the recommendation. 5 Yes, 1 No. Motion carries. 2. Zone Change – 979 Essex Street – Map-Lot R47-007-A – from Rural Residence & Agricultural (RR&A) District to Low Density Residential (LDR) District – Applicant: Sun Holiday Park – To amend the Land Development Code by changing a parcel of land located at 979 Essex Street, Map-Lot R47-007-A, from Rural Residence & Agricultural (RR&A) District to Low Density Residential (LDR) District. Said parcel of land contains 73 acres. Applicant: Sun Holiday Park. Rayshelly Lizotte, PE with Artifex AE representing the applicant presented the following in part and in substance: Mobile home park in existence since the early 1980’s Not fully zoned to allow mobile home parks at the time Part of the park is RR&A, which doesn’t allow mobile home parks – another part of the park is LDR Current owner purchased park along with a couple others in the City in Fall 2020, looking to do circulation improvements and such; there are a few non-conforming lots in the park currently In order to do improvements, it needs to comply with the zoning According to Comprehensive Plan, it’s stated that this area be allowed LDR Member Brush inquired why this hasn’t come up before in the last 40 years. Planning Officer Krieg advised that the transfer of ownership and the desired improvements brought this issue up. Did some digging to try and find out the history of how this happened, but was unable to come up with anything. Comprehensive Plan did indicate that this was to be Low Density Residential and it was not. Penjajawoc Mall Marsh Commission was convened and made a recommendation for the amendment to pass. Lizotte indicates there are no plans to expand the park; all the lots are built out. Not much more property to expand on. Density is lower than what the zone allows. Page 3 | 5 City of Bangor Planning Division Planning Board Meeting Minutes –November 16, 2021 Don Furrow, lives on Essex Street: inquired about reasonably large patch that is undeveloped and wants to have it stay undeveloped; the park has been good neighbors. Furrow believes that he’s heard what he needed to hear. Planning Officer Krieg indicated that in 1983, the Planning Board required to have the front portion buffered. That could change if applicant applied for an amendment to their plan, but that’s not being requested at this time. Vice Chair Perkins moves to recommend that City Council amend the Land Development Code by changing a parcel of land located at 979 Essex Street, Map-Lot R47-007-A, from Rural Residence & Agricultural (RR&A) District to Low Density Residential (LDR) District. Said parcel of land contains 73 acres. Applicant: Sun Holiday Park. The motion was seconded by Member Brush. Member Shaw indicates that this will be brought up to the proper zoning that it was supposed to be per the Comprehensive Plan and at the recommendation of Penjajawoc Mall Marsh Commission. All members are in favor. OTHER BUSINESS 3. Economic Development Strategy Project Economic Development Strategy will become a piece of the Comprehensive Plan Project link provided in memo Staggered slightly ahead of the Comprehensive Plan 4. Discussion of Changes to the Sign Code Currently rewriting the whole Sign Code Recent Supreme Court case made it so that sign code can’t have requirements about “message” All language needs to be neutral, controlling size and location Murals or Art Installation considered a sign, as how the Sign Code is currently written o City Council working with United Way of Eastern Maine to do a “Hopeful” art installation in Bangor o Under current regulations, this art installation would not be allowed o As part of the work on the Sign Code, also has been working on having Art installation and murals pulled out of the definition of a sign and provided some relief in the code o Will come to Planning Board for Public Hearing on December 7, 2021 o The owner will need to sign off on the art installation/mural, as well as a general safety statement Wheat Paste Mural discussion o Vice Chair Perkins mentioned that when he was on the Historical Preservation Commission, murals were all made of wheat paste so they would disintegrate after a year. Gave a lot of comfort since they weren’t sure how it would make people feel, given how Page 4 | 5 City of Bangor Planning Division Planning Board Meeting Minutes –November 16, 2021 big murals are and how much space they take up. Asked if that would continue or be addressed. o Arts Commission can ask for a mural to use wheat paste, if temporary Side Walk Art/Writing o Member Brush asked if this would affect sidewalk art o Assistant City Solicitor Saucier said no. It’s only a change to the sign code; it could affect signs on the sidewalk, but chalking sidewalks does not generally fall under the sign code. No billboards – State Law o Discussion regarding large sign at Salvation Army on Broadway o Curious about distinction between billboard and “big sign” o Billboards are typically off-premise signs – typically would be on a building-top, usually for a product, not necessarily for a business – free standing ones are usually off premise 5. Comprehensive Plan Updates Asked Advisory Committee on Racial Equity and Rights for feedback; good discussion on inclusion issues, working with committee to reach neighborhoods and residents that do not normally come to meetings, but have an opinion Received good feedback from the polls How can we get the message through without being “too wordy?” 6. Meeting Minutes – Member Brush moved to approve the November 2, 2021 meeting minutes, pending no corrections/changes, seconded by Vice Chair Perkins. All members in favor. Motion made to Assistant City Solicitor Saucier, thanking him for his dedication to the Planning Board. 7. Adjournment – 8:06 P.M. Respectfully submitted, Melissa L. Bickford Development Assistant Planning Department Page 5 | 5