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HomeMy WebLinkAbout2023-09-05 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, SEPTEMBER 5, 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 Trish Hayes Kenneth Huhn Donald Meagher Joshua Saucier Citv Staff Present: Anne Krieg, Planning Officer/Development Director Anja Collette, Planning Analyst David Szewczyk, City Solicitor 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. Planning Analyst Anja Collette presented to the podium and gave an overview of the changes. Chair Perkins asked the Board for any questions or comments. Member Meagher noted that the changes would create significantly more housing units in the City. Felt that it would be helpful to quantify the number of potential units that could be created by this zoning amendment. Chair Perkins commented that this amount might not be as much as it sounds like it could be due to the minimum lot size requirements limiting some of the potential for growth. Collette responded that this data would be hard to quantify as there are so many factors involved in the potential for adding units and it is very lot- specific. Meagher also asked about ADUs -whether that would have the largest impact of the provisions. Collette expressed doubts about the practicality of ADU's being built on a large scale, even though theoretically it would create a significant number of units if every single-family lot had an ADU. Member Boucher asked about the removal of a provision in the proposed amendment that refers to ADUs that are rented for less than 30 days, and asked about the interaction of this provision with the proposed short-term 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, September 5, 2023 rental ordinance. Collette and Development Director Anne Krieg discussed the direction that staff has been given by City Council regarding this, and that it was removed per Council's direction. Krieg noted that Council indicated a preference for more hosted STRs vs. non-hosted, and that this was part of the reason for removing the provision. Chair Perkins asked why additional units were not allowed to be added to a lot with an existing duplex. Collette responded that this provision was the State's minimum requirement, and Council's direction was to only meet the minimum requirements. Perkins commented that he understands that this is the State law but feels that it is unfair; feels it would have been simpler to say four units are allowed on lots meeting the required lot size, setbacks, etc. regardless of whether there is an existing structure or not. Krieg noted that this might become the policy later on with the implementation of the Land Use Plan, but at present staff has been asked to keep to strict adherence with the State's minimum requirements. Perkins also discussed the demolition loophole with Krieg, and noted that he feels it will be hard to enforce. Krieg commented that staff plans to go to the Board of Realtors following the enactment of the ordinance to educate them about this and hopefully help to avoid the issue. Chair Perkins opened the public hearing. Dwight Mclntosh, 55 East Broadway, presented to the podium. Stated that the proposal is insane. Feels it will result in houses being torn down to build new, multi-unit structures. Expressed concern about the affordable housing density bonus. Feels that realtors will jump at the opportunity to get people into low-income housing; talked about immigrants. Mclntosh was asked by the Board to keep his comments to the issue at hand. Melissa Bolduc, 151 Lancaster Avenue, presented to the podium. Asked about using properties' tax histories as a way of tracking demolition. Asked about the Land Use Plan and whether it is publicly available— Krieg responded that it is part of the Comprehensive Plan. Bolduc stated that there needs to be a discussion about the City's infrastructure before the development phase is reached for proposed projects connected to this amendment. Stated that there needs to be a dialogue between the City, developers, and schools. Feels that education and healthcare are often overlooked in this discussion. Presented calculations that hundreds of new bedrooms could be added in a new development which would contribute to an already-present strain on schools and hospitals. Perkins noted that the proposed rental registry would help with monitoring this. Collette noted that staff will be using an asset management software and that a lot would need to have adequate water and sewer for the proposed amendments to apply. Bolduc discussed infrastructure with Krieg, who noted that this is looked at during the building permit process. Brian Ames, local consulting engineer, presented to the podium. Discussed green space and its importance in the LDR district. Stated that any ordinance needs to mitigate negative impacts on adjacent landowners. Suggested that any development plan for more than two units require Planning Board approval to make sure it complies with the land development requirements. Also suggested limiting ADUs in existing residential neighborhoods to no more than two per lot. Jeff Gray, 100 Lancaster Avenue, presented to the podium. Stated that he is representing his neighbors in Page 2 �9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, September 5, 2023 Broadway Heights. Proposed that the wording regarding ADUs be edited as it seems vague and asked about the restrictions on size. Highlighted several areas of the proposed wording that he feels are contradictory. Noted that there are no details on buffer requirements, design requirements, etc. Feels that too much of the final decision/approval will be given to Code Enforcement. Stated that he does not think the language is ready to be voted on as it needs more clarity and detail. Discussed historic districts with Planning Analyst Collette, who confirmed that any development in these districts will still require approval from the Historic Preservation Commission and needs to adhere to existing codes. Also clarified with both Collette and Development Director Krieg that no ADUs will be allowed on multi-family lots, and that the affordable housing density bonus only applies in multi-family zones. Kelly Hashey, North French Street, presented to the podium. Read excerpts from the Declaration of Independence and the 14th Amendment. Stated that overpopulation of cities destroys the environment and that suburbs were created for those who need affordable housing. Joe Pickering, 13 Pond Street, presented to the podium. Expressed agreement with Hashey's comments. Talked about possible flexibility in complying with the State law due to its provision of stating the changes be made "where feasible." Expressed disagreement with the division of the City into low- and high-density districts. Talked about seeing police and criminal activity from his own window at home. Discussed a recent Freedom of Access Act request that he filed. Talked about historic districts and expressed that he feels this amendment undermines these districts. Stated that he will continue to raise questions throughout this process. Stephen Brough, 76 Shepherd Drive, presented to the Board via Zoom. Stated that he takes umbrage with Bolduc's prior testimony regarding a need for more nurses if this ordinance passes. Noted that the homeless population in Bangor would be going to the same hospital whether they were living directly in Bangor or a neighboring town. Felt that the testimony was irrelevant. Chair Perkins closed the public hearing. Member Bazinet moved to continue this agenda item until the next Board meeting in order to gather more public comment. Member Huhn seconded. Development Director Krieg noted that the State law takes effect on January 1, 2024, no matter what. Chair Perkins asked for clarification about whether only the minimum requirements of the law were being followed by City staff in developing this ordinance; Development Director Krieg confirmed. Member Bazinet mentioned that he feels the Board has the ability to push back at the State level regarding compliance. Member Boucher mentioned that it might be helpful to develop an FAQ page for the public. Bazinet asked how long the City realistically has to make their stance known. Krieg responded that the State law has already been passed, and therefore compliance is mandatory. Planning Analyst Collette asked the Board for clarification regarding what additional information they feel is needed. Member Huhn stated that delaying a vote would allow for more time to dispense information to the public about what the City can and cannot do in regards to compliance. Chair Perkins commented that there is already quite a bit of information available and discussed the process for passing the City ordinance. Page 3� 9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, September 5, 2023 City Solicitor Dave Szewczyk discussed the point of order for tonight's vote. Member Bazinet withdrew his previous motion and Member Huhn withdrew his second to the motion. Member Meagher moved to recommend City Council approve the amendment of Chapter 165, Land Development Code, to update the allowed number of dwelling units in residential zones to comply with the State law, LD 2003. Vice Chair Brush seconded. Member Meagher stated that he feels due process is being followed. Member Bazinet moved to delay voting on the amendment until the September 19th, 2023 Planning Board meeting. No members seconded. Motion failed. Member Huhn moved to delay voting on the amendment until the October 3�d, 2023 Planning Board meeting. Member Bazinet seconded, with a request that staff disseminate more information to the public in the interim with the intent of hearing further public comment at the next Board meeting. Three members in favor, four opposed. Motion failed. Member Meagher's previous motion to recommend approval of the amendment to City Council was voted on by the Board. Six members in favor, one (Member Bazinet) opposed. Motion passed. 2. Zone Chanqe— Map-Lot 042-087— Contract Downtown Development District (DDD) to Downtown Development District (DDD) -To amend the Land Development Code by changing a parcel of land, located at 128-130 Hammond Street, Map-Lot 042-087, from Contract Downtown Development District (DDD) to only Downtown Development District (DDD) by removing the contract conditions. Said area of land contains approximately 0.15 acres total. Applicant/Owner: NMS Hammond, LLC. Tim Pease, applicant representative, presented to the podium. Stated that the property is currently operating as Novio's Restaurant. Current owner recently discovered the contract zone put in place in 1994 which states that no alcohol sales and no commercial use over 6200 square feet are allowed, which is inconsistent with the current business there. Asking for repeal of contract zone. Chair Perkins asked the Board for any questions or comments. Member Huhn asked if this is the same building that houses the Mediterranean restaurant— Pease responded that it is not and that it is up the street from that property. Chair Perkins opened the public hearing. Tracy Bigny, representing the Hammond Street Congregational Church, presented to the podium. Expressed that the Church's concern is over how much of the building can be used for commercial uses. Noted that there is a shared dumpster and parking on the Church's property. Concerned about the possibility of the owner deciding to expand business use later on or a different type of use also allowed under DDD (without the Page 4�9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, September 5, 2023 contract zone overlay) coming in. Noted that there is no space on the applicant's property for their own dumpster and expressed concern over trash piling up and excessive traffic from customers. Concerned that the public would not be able to have input later on if there were only interior changes to the building. Chair Perkins clarified Bigny's concerns and noted that the Church does have some control over the situation since the dumpster and parking are on their property. Bigny responded that while this is true, she is concerned about the business changing later on without the Church's knowledge. Perkins noted that the function of the Planning Board is not enforcement of things such as trash piling up, improper parking, etc. Development Director Krieg commented that if any currently residential portion of the property were to transferred to commercial use, the owner would have to get a Change of Use permit through Code Enforcement, at which time health issues, Code violations, etc. would be addressed before issuing a permit. Planning Analyst Collette clarified Bigny's concerns that the Church, as an abutting property, would not be notified in this situation — Krieg confirmed that they would not with anything that only requires Code Enforcement action. Chair Perkins closed the public hearing. Vice Chair Brush moved to recommend City Council approve the amendment of the Land Development Code, to change a parcel of land, located at 128-130 Hammond Street, Map-Lot 042-087, from Contract Downtown Development District (DDD) to only Downtown Development District (DDD) by removing contract conditions. Member Bazinet seconded. All in favor, none opposed. 3. Zone Chanqe — Map-Lot 014-101 — Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2) - To amend the Land Development Code by changing a parcel of land, located at 54 Webster Avenue, Map-Lot 014-101, from Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2). Said area of land contains approximately 0.19 acres total. Applicant/Owner: Philip Rush/Rush Property Management, LLC. Phil Rush, applicant, presented to the podium. Stated that the property was an illegal 3-unit building, but legally non-conforming 2-unit building. Reported that he has been in contact with Fire Prevention and Code Enforcement to see if it could legally be made a 3-unit building, at which point this zone change was sought. Chair Perkins asked the Board for any questions or comments. Member Huhn asked if the property was a non-conforming 3-unit building when the applicant purchased it. Rush responded that it was not legally non-conforming as a 3-unit, only as a 2-unit building. Noted that he has been told that there's enough parking and adequate lot size to meet the requirements for a 3-unit building. Member Bazinet asked if the building currently has three units. Rush responded that the third unit has been torn out because, at present, he cannot legally have it. Also noted that he is in the process of giving the building a "facelift." Mentioned a neighbor's concerns that four units could be allowed under the zone change and clarified that the lot size is not large enough for four units. Page 5 �9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, September 5, 2023 Chair Perkins opened the public hearing. Elizabeth Farrell presented to the podium. Stated that she lives next door to the property and owns a legal, 3- unit building, and supports this zone change. Chair Perkins asked for clarification about other legal, multi-unit buildings nearby to the property. Rush responded with a list of other legally non-conforming, multi-unit properties in the neighborhood. Chair Perkins asked for clarification about Farrell's property being legally non-conforming — Farrell responded that it is. Vice Chair Brush asked about the possible effect of LD2003 on this property. Chair Perkins responded that his hope had been that the passage of LD2003 would help legalize the number of units at this property, but noted that with the lot size, it would not. Noted that, as there is already a duplex present on the property, no additional units could be added under LD2003. Expressed concern over recommending approval of this zone change if the same changes would not be allowed under LD2003. Rush noted that the property at 1 Munroe Street, which is around the corner from his property, was changed from URD-1 to URD-2 and his property is surrounded by other multi-unit buildings. Expressed that his only desire is to legally update the building. Chair Perkins closed the public hearing. Member Bazinet moved to recommend City Council approve the amendment of the Land Development Code, to change a parcel of land, located at 54 Webster Avenue, Map-Lot 014-101, from Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2). Vice Chair Brush seconded. Six members in favor, one (Chair Perkins) opposed. Motion passed. 4. Zone Chanqe — Map-Lot 020-013 — Urban Residence 1 District (URD-1) to Urban Service District (USD) - To amend the Land Development Code by changing a portion of a parcel of land, located at 79 Fourteenth Street, Map-Lot 020-013, from Urban Residence 1 District (URD-1) to Urban Service District (USD). Said area of land contains approximately 0.15 acres total. Applicant: Katy Hughes. Owner: William & Judith Sims. Applicant not present. Chair Perkins asked the Board for any questions or comments. Vice Chair Brush asked about the purpose of the project, and whether it would be taking the narrow strip of property next door to use for parking. Development Director Krieg confirmed that this would be the case. Chair Perkins described the proposed zone change, and noted that it would allow the applicant to add about 15 parking spaces. Krieg commented that the applicant indicated a desire to use more of the building, so they will need more parking. Chair Perkins asked the Board if they felt it would be better to delay a vote or if they were prepared to act on Page 6 � 9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, September 5, 2023 the amendment. Several members expressed willingness to move forward. Vice Chair Brush asked if there would be a vegetated buffer. Krieg and Planning Analyst Collette both stated that that would be reviewed with the site plan process. Chair Perkins opened the public hearing. No public comments; public hearing closed. Member Bazinet moved to recommend City Council approve the amendment of the Land Development Code, to change a parcel of land, located at 79 Fourteenth Street, Map-Lot 020-013, from Urban Residence 1 District (URD-1) to Urban Service District (USD). Member Hayes seconded. All in favor, none opposed. PUBLIC HEARING — LAND DEVELOPMENT PERMITS 5. Land Development Permit— Site Development Plan, Conditional Use, and Planned Group Development—364 State Street— Map-Lots 054-223&054-224-C - Land Development Permit Application — Site Development Plan, Conditional Use, and Planned Group Development for proposed construction of new +/-2,990sqft pharmacy building with associated parking, drive- thru, and infrastructure, to be built on existing fully developed site, at property located at 364 State Street, Map-Lots 054-223 & 054-224-C, in the Urban Service District (USD). Applicant/Owner: Northern Light Health — Eastern Maine Medical Center. Chair Perkins noted that several members may need to recuse themselves from voting on this agenda item. City Solicitor Szewczyk noted that if there had been a previous vote on the recusal, it did not need to be repeated. Perkins confirmed that they did vote on it before. Andy Johnston, applicant representative, presented to the podium and gave an overview of the application. Chair Perkins asked for confirmation that there is no fence in the plans. Johnston responded that there is one— one of the conditions for the contract zoning on the adjacent lot is a four-foot chain-link fence between the lot and Otis Street, so there is one along the boundary between the parking lot and this lot. Perkins expressed concern about employees walking down the embankment to access this business —Johnston confirmed that the only access would be the crosswalk shown. Vice Chair Brush asked about the planned group development. Johnston explained that the need for it arose from the buffering requirements and noted that it allows more flexibility in the size and configuration of the buffer. Member Saucier noted that some of the parking spaces for Eastern Maine Medical Center would be lost and asked if staff had calculated that this loss would still meet the minimum requirements for the hospital. Development Director Krieg confirmed that that it would still meet the requirements. Janet McLaughlin, project manager, presented to the podium. Noted that the sixth level of the parking garage Page ��9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, September 5, 2023 on site is barely used, so there is sufficient parking for the hospital's current needs. Chair Perkins opened the public hearing. No public comments; public hearing closed. Member Bazinet moved to approve the Site Development Permit Application for 364 State Street, Map- Lots 054-223 and 054224-C, for proposed construction of a new +/-2,990sqft pharmacy building with associated parking, drive-thru, and infrastructure, to be built on existing fully developed site. Member Meagher seconded. All in favor, none opposed. 6. Land Development Permit — Site Development Plan — Union Street — Map-Lot R15- 021 - Land Development Permit Application — Site Development Plan for solar development, approximately 16.6 acres, located on Union Street, Map-Lot R15-021, in the Rural Residence & Agricultural District (RR&A). Applicant: Rockwood Solar Partners, LLC. Owner: Daniel, Harvey, & Diane Sprague. Kathy Haake, presented to the podium to introduce the solar business and provide a presentation about the company and business model. Heather Storlazzi-Ward, applicant representative, presented to the podium to describe the project. Chair Perkins asked the Board for any questions or comments. Perkins mentioned an abutter's concern about wetlands and asked the applicant to address this. Also mentioned abutter's concerns about surveyors being on their property and noted that while he understands how these things happen, it should be something to be mindful about in the future. Vice Chair Brush asked about glare. Storlazzi-Ward responded that the panels are designed to absorb light so there's not much glare that comes off of them. Also noted that the panels would not be visible from any public roads and that there is a wooded buffer between the project and surrounding properties. Member Huhn noted that he has been by this lot many times and never noticed the quarry. Asked if it is near Job Corps and discussed the location. Chair Perkins opened the public hearing. No public comments; public hearing closed. Member Bazinet moved to approve the Site Development Permit Application for Union Street, Map-Lot R15- 021, for a solar development. Member Huhn seconded. All in favor, none opposed. OTHER BUSINESS 7. Meeting Minutes —August 15, 2023 The board briefly discussed the height proposal in the Multifamily & Service District. Page 8 �9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, September 5, 2023 Member Meagher moved to approve the meeting minutes. Vice Chair Brush seconded. All voting members in favor, none opposed. Meeting adjourned at 9:22 pm. Respectfully submitted, Sarah Maquillan, Development Assistant Planning Division Page 9 � 9