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HomeMy WebLinkAbout2022-06-21 Planning Board Minutes PLANNING BOARD TUESDAY, JUNE 21, 2022, 7:00 P.M. CITY COUNCIL CHAMBERS, 3RD FLOOR CITY HALL ALSO; ATTENDANCE VIA ZOOM MEETING MINUTES Board Members Present: Reese Perkins, Vice Chair Michael Bazinet (Zoom) Ted Brush Alison Coladarci (Zoom) Don Meagher Lisa Shaw (Zoom) City Staff Present: Anne Krieg, Planning Officer Brittanie Thomas, Assistant City Solicitor Vice Chair Perkins called the meeting to order at 7:00 P.M. LAND DEVELOPMENT PERMITS & MAP AMENDMENTS: 1. Zone Change – 2354 Broadway – Map-Lot R11-005-A –Rural Residence & Agricultural (RR&A) to Shopping & Personal Service (S&PS) District - To amend the Land Development Code by changing a parcel of land located at 2354 Broadway, Map- Lot R11-005-A, from Rural Residence & Agricultural (RR&A) to Shopping & Personal Service (S&PS) District. Said parcel of land contains 2.6 acres. Applicant/Owner: Pray Properties. Applicant/Owner Tina Pray o/b/o Pray Properties and Bethany Gregory, property tenant; presented the following: Ms. Gregory provided that she has a business plan and photos as to what they’d like to do with the land and property, wishes to remodel building into café, bakery, grocery with limited seating Property walk-through completed with three different city departments; aware that a complete rewire for electrical needed as well as ADA compliant bathrooms Ms. Gregory advised that she found out about the zoning issue when she purchased a food trailer to operate on property for income while building was being rehabbed, learned that property became non-conforming 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, June 21, 2022 Mrs. Pray stated that husband purchased property, was told at auction that property lost its “commercial aspect of zoning, but shouldn’t be a problem getting it back as it’s always been a store” Mrs. Pray wishes to get it back to original zoning and make property back to what it once was Member Shaw inquired about interest as using location again as a gas station. Ms. Gregory advised the Board of the State Right of Way which needs to be worked out with the State of Maine in order to provide gas. Vice Chair Perkins supplied information that this property existed before the current zoning system was in place and as a result, it becamea conditional \[non- conforming\] property in a location zoned RR&A, yet it wasnot fit for this zone. Unsure if it was ever zoned properly, but since it pre-existed, they were not obligated to change it to something else. Current Code also indicates that if property is vacant for a period of time, the conditional \[non-conforming\] use allowance goes away and they need to provide a zone change. Member Bazinet asked if the pumps were still in place, as well as the below grade tanks. Mrs. Pray advised that the site has been checked and everything is in working order. Ms. Gregory would like to sell gas again, but aware of the Right of Way issues with the State. Vice Chair Perkins asked about infrastructure regarding café versus full restaurant. Ms. Gregory indicated that the café would have 10-15 seats, at max. The well and septic are adequate for use and will put in ADA compliant bathrooms. Planning Officer Krieg reminded the Board that this was a zoning change and that the Board will need to look at uses in S&PS as well as dimensional controls. Property does pre-date zoning. Commercialuse that was there was not zoned previously –rural zone got swept outside growth district boundary. Both Mrs. Pray and Ms. Gregory advised that abutting properties are supportive. No public comment. Member Shaw posed a follow up question to Planning Officer Krieg regarding gas stations listed as a conditional use for the zone of S&PS. Planning Officer Krieg advised that if they chose to reestablish gas sales, they would need to return to the Planning Board for Conditional Use approval. Member Meagher moved to recommend to City Council to amend the Land Development Code by changing a parcel of land located at 2354 Broadway, Map-Lot R11-005-A, from Rural Residence & Agricultural (RR&A) to Shopping & Personal Service (S&PS) District. Said parcel Page 2 | 7 City of Bangor Planning Division Planning Board Meeting Minutes, June 21, 2022 of landcontains 2.6 acres. Applicant/Owner: Pray Properties. The motion was seconded by Member Bazinet. Vice Chair Perkins provided that he struggled with the issue, as it’s not following along with the Comprehensive Plan. Located within the Comprehensive Plan on pages 100-101 the desire to keep that general area rural, previously was zoned industrial area along railway siting. No further industrial or commercial uses proposed in this area. Seems that they did not want to see large increases of commercial and industrial uses in this area. All members voted to support by raise of hands, none opposed. 2.Amending Chapter 165, Land Development Code-to define and regulate the uses known as Boarding House including changes to parking and district allowances as well as changes to the conditional use standards and procedures. Vice Chair Perkins provided the following regarding this item: Board considered regulating boarding homes earlier this year Considerable public input at meetings and through emails Tonight’s proposal reflects changes by staff as result of the meetings and input received Request to have comments pertain to topic and please limit applause Planning Board not an enforcement division, other departments specifically do Code Enforcement Many properties in Bangor are zoned one way and used another, received comments via email – we are aware of this – the City is aware, working on this one way or another If you are against this change, specifically tell us why so that it can be considered There are already boarding homes in Bangor –there are no real good codes regulating existing homes in Bangor, which is part of the reason behind these changes City has no projection how many boarding homes may be created, doesn’t have agoal to create more boarding homes specifically City goal is to better regulate opportunities to increase housing in Bangor as a result of housing study of 2019 Encourages citizens to email their thoughts as it helps the Planning Board consider those items prior to the meeting Planning Officer Krieg provided changes to this ordinance: After the previous proposal went through the process, City Council, through the B&ED Committee,asked staff to prepare another set of changes to allow boarding houses, taking into accounts comments & concerns received Page 3 | 7 City of Bangor Planning Division Planning Board Meeting Minutes, June 21, 2022 Series of changes were made- removed use of “bed and breakfast” from proposal, required that a boarding house would have onsite management/owner occupied, would only allow boarding houses on major arterials (except in the Downtown District & NSD where they’d be allowed everywhere) Boarding houses are allowed currently in M&SD; proposed to remain In historic districts, would only be allowed on major arterials (Broadway, etc.) Would be allowed as a conditional use; higher level of permitting and scrutiny where PB can look at appropriateness of use of site Vice Chair Perkins opened up comments to Board Members: Member Brush inquired about pending legislation from Augusta and the potential impact. Planning Officer Krieg provided that staff have been following LD2003 at a staff level; it is a recent change that will require communities to allow multiple dwellings on a lot in growth area. Waiting for rulemaking on how to write the code changes, but there will be some allowances for dimensional requirements, bulk requirements, etc. However, a boarding house isn’t multiple dwellings on a lot – it is one dwelling with rented rooms; it’s a different use than multifamily. Vice Chair Perkins opened up public comment: Roch LeBlanc, 64 West Broadway – question regarding parking. Planning Officer Krieg advised that it would be onsite parking. Mr. LeBlanc inquired about oversight of façade changes in historic districts. Planning Officer Krieg advised that HPC would review anything of this sort. Mr. LeBlanc inquired if this proposal was a result of the recent comprehensive plan efforts. Planning Officer Krieg advised that this particular proposal stems from the Housing Workgroup from 2019, not from the Comprehensive Plan. Anne Marie Quin, 11 Chatham Street – advised that there are many arterial streets in Bangor where a boarding house could exist. Wanted to point out that Bangor is one of the two richest cities in terms of historical buildings. Requested to not place boarding houses in historical districts, concerned about the erodingof historic districts. o Vice Chair Perkins indicated that this would only apply to lower Broadway (historical district). Mrs. Quin wishes that boarding houses not be placed in historic districts for now and to suspend permitting in historic districts. Vice Chair Perkins requested clarification on the “eroding of historical districts.” Mrs. Quin provided concerns about oversight and responsibility for properties that house a lot of people versus housing one entity. It is an enormous expense to maintain a historic building, must have a willingness to expend resources to maintain these buildings in those districts – not convinced that this will happen. Pleaded to place boarding houses in areas Page 4 | 7 City of Bangor Planning Division Planning Board Meeting Minutes, June 21, 2022 other than historic districts, as those districts are so precious, and to postpone permitting in historic districts, as there are many other areas they can be placed. o Vice Chair Perkins advised that this would be only lower Broadway and boarding houses have rules; more in-depth than a single-family home – more requirements for their buildings than a single-family home – additionally, historic homes, whether they are boarding homes or not, are at the risk of being eroded if they’re not well taken care of – which is the mission of the historic preservation commission Roch LeBlanc, 64 West Broadway – inquired about the different criteria for boarding houses and if this was available for review. Planning Officer Krieg advised that the full language was in §165-9, with a whole set of standards. Vice Chair Perkins reminded Mr. LeBlanc that the Planning Board is not an enforcement entity. Kay Surpless, 53 Court Street –concerned about history of Bangor, unique and special city. Concerned about the boarding houses creeping into other districts. Requested clarification on the proposed code change on boarding houses and allowances on major arterial streets. Presented specific question regarding corner lots and historic districts – asked if boardinghouses would be prohibited from corner properties. Planning Officer Krieg advised that if the property fronts a major arterial street, it would be allowed by a conditional use permit, and that the code language would prohibit additional properties from receiving the designation. Mrs. Surpless requests that historic districts be prohibited from allowing boarding houses for now. Member Shaw asked Planning Officer Krieg to define frontage pertaining to the last comment. Planning Officer Krieg advised that if a property line fronts a major arterial street, then a boarding house would be allowed, even if it required a separate curb cut for parking. Roch LeBlanc, 64 West Broadway –presented concerns with properties at the corner of Hammond Street and West Broadway, as well as West Broadway and Union Street. Vice Chair Perkins indicated that he misspoke earlier and those properties would be considered as well. No comments via zoom. Anne Marie Quin, 11 Chatham Street, requested clarification on frontage on arterial streets, asked about sides of property as well. Planning Officer Krieg stated that when you’re on a corner lot, even if the front door is on West Broadway, if you have frontage that is on another arterial, you have two fronts in zoning. Vice Chair Perkins closed the public discussion portion of the meeting. Page 5 | 7 City of Bangor Planning Division Planning Board Meeting Minutes, June 21, 2022 Member Meagher provided thoughts on topic, submitted them in the form of a word file which was distributed to the Planning Board prior to the meeting. Member Meagher feels that more work needs to be done on the conditional use standards regarding intensity of site use definition. Planning Officer Krieg stated that the conditional use process has a higher level of scrutiny and it’s where the Planning Board has to make those judgement calls. It’s the applicant’s burden to show that those standards are met in terms of intensity use in the area and how it affects environs, and they must show how the use will blend into environs. Board Members discussed surrounding zoning, URD-1, major arterials, conditional use,and appropriate land uses. Clarification was made that a new boarding house on a major arterial street would need to come before the Planning Board for a conditional use permit. Member Brush moved to recommend to City Council to amend Chapter 165 of the Land Development Code to define and regulate the uses known as Boarding House including changes to parking and district allowances as well as changes to the conditional use standards and procedures. The motion was seconded by Member Shaw. Roll call vote: Coladarci, no; Shaw, yes; Bazinet, yes; Brush, yes; Meagher, no; (reasons stated in memo), Perkins, yes. Motion passes. 3. Amending Chapter 165, Land Development Code, Section 165-68 - by amending the Flag Lot provision to allow for extended access roads in the Rural Residence & Agriculture (RR&A) District. Planning Officer Krieg provided background information regarding this proposal: The Planning Board met to discuss properties in RR&A to allow a longer “pole” of the flag lot requirement. The Board seemed amenable to this type of change. Staff worked on language to come up with a reasonable solution, with conditions to apply in review. Limited to the RR&A zone. One of the areas that we spent a lot of time thinking about was future development. Ed Bearor and Mr. Prybylo presented tonight for this amendment. Mr. Prybylo owns property in RR&A; lots in RR&A are relatively deep lots overall. Mr. Bearor stated that only being able to go back 200’ doesn’t accomplish objective for a solar array, for which they want some distance from the roadway. This proposed change provides additional review criteria as well as the City Engineer approving a curb cut. The “pole” would be allowed to be more than 200’ long in the RR&A district only. Member Meagher asked if the proposal met the needs of Mr. Bearor and Mr. Prybylo and they indicated that it did and thanked city staff for their helpfulness in coming up with this proposal. Page 6 | 7 City of Bangor Planning Division Planning Board Meeting Minutes, June 21, 2022 No other comments or questions. Member Shaw moved to recommend amending Chapter 165 of the Land Development Code, Section 165-68 - by amending the Flag Lot provision to allow for extended access roads in the Rural Residence & Agriculture (RR&A) District. The motion wasseconded by Member Bazinet. All members in favor via hand raise, Member Coladarci was not present for this vote. OTHER BUSINESS: 4. Comprehensive Plan Check-in Drafting up a series of Vision Statements for July meetings, assembling comments and survey responses, ARPA funding meetings are being taken into account 5. Meeting Minutes –June 7, 2022 – Member Bazinet moved to approve the meeting minutes, seconded by Member Meagher, all members in favor. Meeting adjourned at 8:30 PM. Respectfully submitted, Melissa L. Bickford Development Assistant Planning Division Page 7 | 7