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HomeMy WebLinkAbout2023-08-15 Planning Board Minutes �� ; � . ����i; � �; ������ ��'� � �'�a"�Q��'� � ;� r� .. �a :� o ��V.EL,���E1`�T . � CITY �� BANGCaR. PT.,hNtluI1�IC DIVIS[C�V�I PLANNING BOARD TUESDAY, AUGUST 15, 2023, 7:00 P.M. CITY COUNCIL CHAMBERS, 3RD FLOOR CITY HALL MEETING MINUTES Board Members Present: Chair Reese Perkins Vice Chair Ted Brush Michael Bazinet Jonathan Boucher Kenneth Huhn Donald Meagher Joshua Saucier Citv Staff Present: Anne Krieg, Planning Officer/Development Director Anja Collette, Planning Analyst 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 updating the allowed number of dwelling units in residential zones to comply with the State law, LD 2003. — Postponed until September 5th Planning Analyst Anja Collette presented an overview of the changes. Chair Perkins asked the Board for any questions/comments —there were none. Chair Perkins opened the public comments —there were none. Public comments closed. 2. Amending Chapter 165, Land Development Code, Attachment 2, Schedule A Urban Developed Area by increasing the maximum height in the Multifamily and Service District (M&SD). Chair Perkins mentioned a public comment on this change received via email earlier today — resident expressed that they did not want to garden in the shade created by taller buildings and that they felt the waterfront concerts blocked the view of the river. Development Director Anne Krieg summarized the proposed change. 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,August i5, 2023 Member Huhn expressed that he felt the proposal to be appropriate considering the City's housing goals. Also noted that he did not feel the mentioned public comment related to this proposal. Perkins expressed disagreement with Huhn. Noted that he had looked up a few random properties on Walter and Larkin Streets, in M&SD, and felt that if they were 60 feet in height instead of their current height, they would dwarf the surrounding properties, many of which are single-family homes. Felt that this would create a loss of view and create shading of adjacent properties. Perkins noted that the statement of purpose of this zone mentions family life, and felt that this change would not seem to promote family life. Wondered if this change could be made only on major arterials, similar to other changes that have already been made. Expressed concern that the proposed height change would alter the character of the City. Used the example of the Bangor Housing apartments on the corner of Union & Main Streets, which are 60 feet in height, and asked Board members to consider if a building of that size was located in M&SD and what a significant change that would be. Also expressed concern over how this proposal was brought to the Board — mentioned the Comprehensive Plan justification statement and added that he read the section of the Comprehensive Plan which mentions encouraging density in the urban core, and felt that this language was much softer than that used in the current proposal, which he felt almost made it seem like the Board was obligated to vote in the affirmative. Krieg responded to comment on the challenges of the multi-family district. Noted that it functions similarly to the government district in that it is scattered in several different areas, resulting in many changes needing to be handled on a case-by-case basis. Suggested that if other Board members feel similarly, a discussion could be had about alternative measures the City could take, such as requiring a larger setback if a property abuts URD-1. Asked if the Board felt there were other changes that could be made that would allow the height but mitigate the effects on other properties. Member Saucier expressed that he is generally in favor of the height limit, and suggested that the increased height could be allowed as a conditional use, or require a shadow analysis of adjacent homes. Noted that 45-feet is already the allowed height and that a 45-foot building would still likely dwarf a 3-story home, so did not feel it would be a significant change to allow 60-foot buildings. Sean Thies from Haley Ward presented to the Board to comment on this proposal's direct relationship to his land development permit application that is on the agenda for the Board to review tonight. Stated that the proposed building is currently under 45 feet, but they would like to put solar on top that would not be allowed presently due to the pitch of the roof. If this amendment were to pass, they would present a second application to the Board at a later date to increase their building height to allow for the solar installation. Perkins suggested that a more appropriate change might be allowance as a conditional use rather than only on a major arterial, as exemplified by Thies' point. Krieg noted that the impact to a dense lot in URD-1 from a lot in M&SD is different than what is being reviewed tonight, as the project being reviewed tonight abuts other apartments and I-95. If the Board does not to recommend passage, it would be helpful to receive suggestions on alternatives to bring back for review. Page 2 �5 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,August i5, 2023 Member Meagher moved to recommend to City Council that the amendment to Chapter 165, Land Development Code, Attachment 2, Schedule A Urban Developed Area, to increase the maximum height in the Multifamily and Service District (M&SD), ought not to pass. Seconded by Chair Perkins. Meagher commented that he was persuaded by the concerns expressed by the other Board members, and thought that the approach of making the height increase a conditional use would be more appropriate. Noted that he would like to see a specific standard in the conditional use standards that would apply very specifically to how the evaluation would be completed by the applicant (i.e. sight distances, shadow analysis, etc.) and did not think that the current standards are sufficient. Perkins agreed and commented that Thies' comment on solar panels had given him some pause, and suggested getting more definition on that point. Member Boucher asked for clarification about the conditional use process. Krieg provided clarification and expressed agreement with Meagher on the importance of establishing criteria. Krieg and Boucher discussed the current proposal and how recommendations from the Board would work. Saucier differentiated between a waiver and a conditional use. Meagher mentioned that the current standards mention bulk density and height and thought that a more precise analysis is needed. Krieg noted that if staff were to present an alternative proposal in the future, they would try to come up with something that states that in order to increase a building's height, certain impacts would need to be addressed. Perkins suggested that as an alternative, only allowing increased height on major arterials would make the policy less murky. Saucier and Krieg clarified the process. Huhn agreed that it should be a conditional use. A roll-call vote was conducted as following: Member Saucier and Vice Chair Brush voted to recommend that the amendment ought to pass, while Chair Perkins and Members Boucher, Huhn, Bazinet, and Meagher voted to recommend that the amendment ought not to pass. 3. Amending Chapter 165, Land Development Code by amending rules on manufactured housing and mobile home parks to comply with State law. Planning Analyst Collette presented an overview of the proposed changes, noting that they are largely the same as discussed at the last Board meeting, with the suggested edits of adjusting setback requirements to match primary homes and referencing the Manufactured Housing Board standards rather than the building code for foundations. Chair Perkins asked the Board for any questions/comments—there were none. Chair Perkins opened the public comments —there were none. Public comments closed. Vice Chair Brush moved to recommend to City Council that the amendment to Chapter 165, Land Development Code, to amend rules on manufactured housing and mobile home parks to comply with State law, ought to pass. Seconded by Member Bazinet. All in favor, none opposed. Page 3� 5 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,August i5, 2023 PUBLIC HEARING — LAND DEVELOPMENT PERMITS 4. Land Development Permit — Site Development Plan — Sunset Avenue — Map-Lots 004-021 and 004-021-B - Land Development Permit Application — Site Development Plan, Planned Group Development, and Minor Subdivision for construction of a three story 50-unit senior housing building with associated parking lot, at property located on Sunset Avenue, Map-Lot 004-021 & 004-021-B, in the Multifamily & Service District (M&SD) and High-Density Residential District (HDR). Applicant: Bangor Housing Development Corporation. Chair Perkins mentioned that the first two conditions of approval had been satisfied, and asked staff whether the third condition on impact fees still applied. Development Directed Krieg confirmed that it did. Applicant representative, Sean Thies of Haley Ward, presented to the podium and summarized the proposed project. Chair Perkins asked the staff for any questions/comments—there were none. Chair Perkins asked the Board for any questions/comments. Vice Chair Brush asked about the plans for solar energy and whether it was intended to provide the apartments with electricity. Thies responded that it will provide power to the building itself. Cindy Witas of Bangor Housing presented to the podium to provide further clarification—it will contribute to the power of the whole building. Chair Perkins commented that the property is located right next to the highway and asked if there had been any discussion on reduction of noise. Thies responded that they had placed the parking area closer to the highway and that the existing wooded buffer will be kept in place, but there has been no discussion beyond that. Perkins noted that the wooded buffer may be adequate. Expressed concerns that the property may provide a walkway for homeless individuals to come across the bridge and travel beyond the site and asked if there had been any discussion on fencing to prevent this. Mike Myatt of Bangor Housing presented to the podium to respond. Myatt stated that there is currently an abandoned homeless encampment on the site. Also noted that Bangor Housing owns a property on Union Street which seems to always have some walking paths for homeless individuals through it, and commented that developing the site in question may actually help reduce this due to having lighting and people around. Member Saucier expressed strong approval on the proposed use of the site.Asked if there is any contract present that will prevent contractors from clearing the wooded buffer. Thies responded that contractors are generally expected to adhere to the plan, and that, as part of their DEP permit, they are limited to clearing and disturbing only what is shown on the site plan. The applicant would be required to replant something if anything was cleared that was not supposed to be. Saucier clarified that there is no deed or covenant stipulating this?Thies confirmed there is not, and that there would be if the area was to be used for stormwater, but that is not the plan at this point. Page 4�5 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,August i5, 2023 Development Director Krieg commented that the Board has several options. They can ask that snow fencing be installed on the outer edge to protect the trees, or they can ask that if any trees are removed during construction that, prior to the creation of as-builts, the applicant will have to replace any cleared trees. Saucier responded that he felt it would be best to have some sort of contractual protection regarding the buffer and proposed wording for it. Perkins commented that typically the Board is satisfied by having a note on the site plans. Thies noted that there is a silt fence type that runs along that area and that they could add a note to the plans regarding this. Perkins felt that this would not be necessary as a condition of approval. Planning Analyst Collette and Member Bazinet discussed what is shown on the plans that are already signed off on. Krieg suggested that it may be best to make it a condition of approval; Member Huhn concurred with this. Perkins confirmed that there will be two remaining, unsatisfied (as of yet) conditions of approval — the buffer stipulation and the payment of impact fees. Vice Chair Brush moved to approve the Site Development Plan, Planned Group Development, and Minor Subdivision for Sunset Avenue, Map-Lots 004-021 and 004-021-B, for construction of a three story 50- unit senior housing building with associated parking lot, with the conditions that a tree buffer is left with the existing trees between the building and I-95, and payment of any impact fees determined by the City is made before the building permit is issued. Member Saucier seconded. All in favor, none opposed. OTHER BUSINESS 5. Comprehensive Plan Check-In Development Director Krieg provided an update on the State review of the Comprehensive Plan. Stated that the City should be receiving something back from them in a couple of months. 6. Meeting Minutes —August 1, 2023 Member Bazinet moved to approve the meeting minutes. Vice Chair Brush seconded. All voting members in favor, none opposed. Meeting adjourned at 7:56 pm. Respectfully submitted, Sarah Pritchard, Development Assistant Planning Division Page 5 �5