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Home My WebLink About2023-06-06 Planning Board Minutes � = � , r��l �� _ '�'��1/��,..�� '�``� � �'��'��'� ,� , . � .. �TM --� o �1EV�� L��EI'`��I' �� ITY �� BANG+C�R. PLANVUII�IG DIVIS[C7V�7 PLANNING BOARD TUESDAY, JUNE 6, 2023, 7:00 P.M. CITY COUNCIL CHAMBERS, 3RD FLOOR CITY HALL ALSO; ATTENDANCE VIA ZOOM MEETING MINUTES Board Members Present: Chair Reese Perkins Vice Chair Ted Brush Michael Bazinet Jonathan Boucher Trish Hayes Kenneth Huhn Donald Meagher Citv Staff Present: Anne Krieg, Planning Officer/Development Director Anja Collette, Planning Analyst David Szewczyk, City Solicitor John Theriault, City Engineer Chair Perkins called the meeting to order at 7:00 P.M. PUBLIC HEARING - LAND DEVELOPMENT CODE AMENDMENTS 1. Amending Chapter 165, Land Development Code, by adding multi-family detached dwellings and mixed commercial-residential uses as permitted by right in the S&PS (Shopping & Personal Service) and GC&S (General Commercial & Service) zones. Planning Analyst Collette presented to the Board. Stated that the proposed amendment would allow multi- family detached dwellings and mixed commercial-residential uses by right in most areas in the S&PS and GC&S zones, with the exceptions of both only being allowed as conditional uses on Union Street, and not allowed at all on outer Hammond Street. Chair Perkins asked the Board for any comments or questions. Member Meagher asked if both proposed uses would also require frontage on a major arterial. Collette responded that this condition was not included in the wording as most of the areas in the S&PS and GC&S zones are already on major arterials, and either way, any proposed development would still need to come before the Board for approval. Member Boucher asked for explanation of why the amendment was being proposed. Collette responded that it is in keeping with the Comprehensive Plan and City-wide goals to allow more flexibility in housing development. Chair Perkins asked if this amendment could also include the USD (Urban Service District) zone. Development Director Krieg responded that the USD zone is more appropriate for the mixed commercial-residential uses it already allows, 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 —Tuesday,June 6, 2023 rather than both that and multi-family detached dwellings, due to its physical location within the City. S&PS and GC&S zones include most of the mall area which is more conducive to the kind of free-standing housing complexes envisioned. Chair Perkins asked the public for comments—there were none. Public comments closed. Member Huhn moved to recommend City Council approve the amendment of Chapter 165, Land Development Code, to add multi-family detached dwellings and mixed commercial-residential uses as permitted by right in the S&PS (Shopping & Personal Service) and GC&S (General Commercial & Service) zones. Vice Chair Brush seconded. All in favor, none opposed. 2. Zone Chanqe — Map-Lot R68-008 — Rural Residence and Aqricultural District (RR&A) to General Commercial and Service District (GC&S) - To amend the Land Development Code by changing a parcel of land, located at Map-Lot R68-008, from Rural Residence and Agricultural District (RR&A) to General Commercial and Service District (GC&S). Said parcel of land contains 1 acre total and is more particularly indicated on the map attached hereto and made part hereof. Applicant/Owner: A.R. Building Company/Stillwater Avenue LLC. Applicant representative Emily Mitchell presented to the Board via Zoom. Stated that the reason for the zone change request is that would allow this lot's zoning to match the zoning of the rest of the site owned by the applicant and would allow for multi-family development on that site. Chair Perkins asked the Board for any comments or questions. Vice Chair Brush asked if A.R. Building Company had any low-income housing in their portfolio. Mitchell responded that they build primarily market-rate developments and that the proposed development for this site would also be market-rate. Chair Perkins asked the public for comments. Member of the public, Jim Upham, presented to the podium. Stated that he is not in favor of the zone change as he recently purchased an abutting lot and is concerned about the other possible uses allowed under GC&S. Chair Perkins clarified that Upham's concern was that the property could potentially be used for something other than the proposed multi- family development. A second owner of an abutting property, Marilyn Michaud, presented to the podium to state that she lives across the street from this lot and is not in favor of the zone change, as she does not feel it is an appropriate location for a multi-family development. Member of the public, Stephanie Fournier, presented to the podium and seconded this same concern. Public comments closed. Member Boucher asked if the zone could be changed to a different designation that allowed for multi- family but not some of the other uses that are allowed under GC&S. Development Director Krieg responded that they could restart the zoning change application process to propose an alternate zone to GC&S; explained that staff originally felt it would be better to extend the zone up one lot instead of putting Page 2� 6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,June 6, 2023 a multi-family lot right in the middle of it. Krieg also discussed contract zoning; stated that it couldn't be used to limit uses. Krieg and Brush discussed the relation of the property to the growth boundary. Member of the public, Marilyn Michaud, and staff discussed the current location of City sewer in the area and the possibility of extension of sewer to serve the development. Member Meagher asked for clarification about the new growth boundary and the property in question. Krieg clarified that the property would be on the edge outside of the new growth boundary. Krieg and Member Boucher discussed contract zoning. Member Bazinet asked about suggesting a multi-family zone. Chair Perkins asked the applicant whether that would meet their needs. Applicant stated they would be open to a multi-family route if it would allow the same density; would work with the staff and community to make sure the development would be visually appealing. Assured the Board that they would not pursue a commercial use. Member Bazinet clarified he was concerned about the property being sold and the use changing. Member Huhn echoed these concerns and the site plan review process. Chair Perkins reiterated the site plan review process and that the applicants could potentially go forward with the project on the other property. A member of the public voiced concerns about their property values. Vice Chair Brush moved to amend the Land Development Code by changing a parcel of land, located at Map-Lot R68-008, from Rural Residence and Agricultural District (RR&A) to General Commercial and Service District (GC&S). No seconds, motion failed. Board Members polled individually for their comments on the application. Member Bazinet voiced concern over the potential uses outside of multi-family that are allowed under GC&S zoning. Vice Chair Brush stated that he would support an alternate zone change as described by Development Director Krieg. Members Meagher and Huhn both voiced the same concern over other allowed uses under GC&S. Member Boucher asked City Planning staff to work with applicant on an application for an alternate zone change. Member Hayes agreed with this suggestion and fellow Board members' concerns. Chair Perkins suggested a new proposal. Vice Chair Brush moved that the amendment to the Land Development Code, changing the parcel of land at Map-Lot R68-008 from Rural Residence and Agricultural District (RR&A) to General Commercial and Service District (GC&S) ought not to pass. Member Bazinet seconded. All in favor, none opposed. PUBLIC HEARING — LAND DEVELOPMENT PERMITS 3. Land Development Permit — Site Development Plan & Conditional Use — 740 Hoqan Road — Map-Lot R61-009-J - Land Development Permit Application — Site Development Plan and Conditional Use for proposed construction of a 2,537 square foot fast food restaurant with drive- thru at property located at 740 Hogan Rd, Map-Lot R61-009-J, in the Shopping and Personal Page 3� 6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,June 6, 2023 Service District (S&PS). Applicant: Charter Foods North c/o Scott Bradley. Applicant representative, Chris Bednar, presented to the Board via Zoom. Outlined the full site development plan & conditional use application in detail. Chair Perkins asked the Board for comments or questions. Vice Chair Brush inquired regarding the neighboring Quality Inn's denial of the applicant's request to place a connecting driveway between the two properties, per Maine DOT regulations. Bednar responded that Maine DOT still requires placement of the connecting driveway, but a chain will be put up blocking it off at the request of the owner of the Quality Inn property. Vice Chair Brush also asked if the easement had been granted from the neighboring Applebee's property, and whether access from this property had been factored into the traffic study. Bednar reported that it had been and that the study determined there would be no significant impact on turn movements on the Applebee's property. Also noted there would be no change to the traffic layout there. City Engineer Theriault asked if the signed traffic permit had been received from Maine DOT yet. Bednar responded that it had not. Theriault recommended that the Board make this a condition of approval. Chair Perkins asked the public for comments—there were none. Public comments closed. Vice Chair Brush moved to approve the Site Development Permit Application — Conditional Use for 740 Hogan Road, Map-Lot R61-009-J, for proposed construction of a 2,537 square foot fast-food restaurant with drive-thru, with the condition that signed traffic permit is received from Maine DOT. Member Meagher seconded. All in favor, none opposed. 4. Land Development Permit — Site Development Plan — Milford Street Extension — Map-Lot 045-009-E - Land Development Permit Application — Site Development Plan for construction of a 3-story, 40-unit multifamily building with a total building area of 50,622sqft at the property located at Map-Lot 045-009-E on Milford Street Extension, in the Multifamily and Service District (M&SD). Applicant: Penquis CAP, Inc./MPF LP. Applicant representative, Jason Bird, presented to the Board via Zoom. Briefly outlined the site development plan application and reported that this application is for Phase II of development project started several years ago. Chair Perkins asked the Board for comments or questions. Vice Chair Brush asked if a wetland permit was a condition for Phase I of project. Bird responded that it was. Vice Chair Brush asked for clarification on location of access road. Bird demonstrated location on map of site plans and reported that they will be utilizing the driveway that will be created during Phase I development. Vice Chair Brush asked if the proposed walkway/sidewalk would follow this same plan. Bird responded that it would. Chair Perkins asked the public for comments. Member of the public, Angela Landon, presented to the podium and read a letter outlining her concerns as a member of the neighborhood. Has concerns primarily in reference Page 4� 6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,June 6, 2023 to safety, traffic, and cohesion with existing properties in neighborhood. Landon stated that she is not in favor of the development and feels it will negatively impact property values in the neighborhood. Also mentioned concerns with wetlands on the site and structural capacity of the soils. Member of the public, Brad Landon, presented to the Board via Zoom. Seconded concerns of spouse, Angela Landon, and discussed concerns regarding the impact on neighborhood traffic. Bird presented to the podium to respond to public comments. Stated that a traffic study was performed by an independent engineer recommended by City staff and that the findings determined there would be no significant impact on traffic since residents' commute times would likely not match up with the school pick-up and drop-off times. Also stated that the suggestion to look into an alternative access point through another parcel was determined to be cost-prohibitive. Vice Chair Brush asked if the applicant had spoken with the school regarding the traffic concerns. City Engineer Theriault stated he expects the biggest impact to school traffic will be the construction traffic and mentioned the applicant could make sure that construction vehicles aren't parked on the street. Member Huhn mentioned the access to the north and that he understands it can't be done. City Engineer Theriault asked the applicant how many units were at their project on Grandview Avenue. Bird stated it was 79 units. Theriault stated to the Board that that project was an example and that there's not a lot of traffic on the driveway for that project. Chair Perkins mentioned that structural concerns are a Code Enforcement issue and discussed the sidewalk and crosswalk for the project with Bird. Bird mentioned that structural studies had been done on the soils; stated that they would not be putting such a large investment on unstable soils. Angela Landon presented to the podium to clarify that she was under the impression there was opposition from administration of the school located in this neighborhood. Also mentioned concerns with the flashing crosswalk lights being seen through her windows. Brad Landon requested to ask two follow-up questions via Zoom — (1) how many total parking spaces are proposed for full development, for both Phases & II, and (2) if he can be given copy of traffic study. Bird reported that 100 total parking spaces are proposed (60 for Phase I and 40 for Phase II). Chair Perkins confirmed with City staff that Landon could be sent a copy of the traffic study. Public comments closed. Discussion followed amongst Board members regarding concerns over traffic impact. Bazinet mentioned visiting the website with videos one of the members of the public mentioned in order to view the traffic impact; reiterated concerns over the traffic. Member Boucher asked who the target population is for these units. Bird stated it would be targeted to people making 60-80% of the area median income; mentioned that Public Health clients would have priority for some of the units. Page 5� 6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,June 6, 2023 Member Meagher moved to approve the Site Development Permit Application for Milford Street Extension, Map-Lot 045-009-E, for construction of a 3-story, 40-unit multifamily building with a total building area of 50,622sqft, with the condition that they receive a wetland disturbance permit. Member Huhn seconded. Six members in favor, one (Member Bazinet) opposed. Motion passed. OTHER BUSINESS 5. Meeting Minutes — May 16, 2023 Vice Chair Brush motioned to approve the meeting minutes. Member Bazinet seconded. All voting members in favor, none opposed. Development Director Krieg and Planning Analyst Collette reported that the public hearing on the Comprehensive Plan is scheduled for the Planning Board meeting on June 20, 2023. Chair Perkins asked Board members to confirm they had all responded to recent FOAA request. Member Boucher stated he had not received it but will follow up. Meeting adjourned at 9:02 pm. Respectfully submitted, Sarah Pritchard, Development Assistant Planning Division Page 6 � 6